HomeMy WebLinkAbout2007-0515 Council MIN
ASHLAND CITY COUNCIL MEETING
MA Y 15. 2007
PAGE 1 of9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 15,2007
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced there are vacancies on a number of City commissions.
APPROVAL OF MINUTES
The minutes ofthe Executive Session meeting and Regular Council meeting of May 1,2007 were approved as
presented. In regards to the Regular Meeting minutes, Councilor Hardesty clarified she also was in favor of the
Imperatrice Property proposal.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of National Emergency Medical Services Week was read aloud and members of the
City's Fire & Rescue staffwere recognized.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Approval of Public Contract for Legal Consultant Services Relating to the Mt. Ashland Association Ski
Area Expansion.
Councilor Jackson requested Item #2 be pulled for discussion.
Councilor Jackson/Silbiger m/s to approve Consent Agenda Item #1 . Voice Vote: all AYES. Motion
passed.
Councilor Jackson noted that Mt. Ashland Association had withdrawn from the mediation efforts with the City,
and clarified this item is on the agenda in order to give the City Administrator the authority to spend the money
necessary to cover the City's legal services.
Suzanne Frey/l042 Oak Knoll Drive/Commented on time management and fiscal responsibility and stated
this is relevant to this issue. She noted Mt. Ashland Association may have withdrawn from mediation because of
the expense, and questioned why the City was using taxpayer money for this purpose. Ms. Frey stated that if this
issue goes onto further litigation, it could cost the City hundreds of thousands of dollars and questioned why the
City wants to continue to fight against this valuable community resource. She commented on the benefits of the ski
area and stated it costs the City nothing and the expansion would endanger nothing.
Alan DeBoer/2260 Morada Lane/Requested that the Council vote "no" on the proposed contract and that they
needed to stop the legal issues with Ski Ashland. Mr. DeBoer noted the budget issues the City is currently facing
and asked that the Council not waste legal fees on opposing the ski area expansion. He commented that the ski
area is a resource and helps the City immensely in the winter and suggested the Council let the Mt. Ashland
Association Board and the Forest Service be responsible for their duties, and let the City get back to what it should
ASHLAND CITY COUNCIL MEETING
MAY /5,2007
PAGE 2 of9
be doing.
Councilor Hartzell/Hardesty mls to approve Consent Agenda Item #2. DISCUSSION: Mayor Morrison
noted the Council Communication states the amount for services is not to exceed $75,000; however, he could
not find where this cap is listed in the contract itself. Administrative Services Director Lee Tuneberg clarified
the cap was included in the engagement letter, but the contract can be amended to include this figure as well.
Mayor Morrison voiced his preference for this to be included in the contract itself and Mr. Tuneberg confirmed
that this would be done. Roll Call Vote: Councilor Navickas, Jackson, Hartzell, Hardesty, Silbiger and
Chapman, YES .Motion passed.
PUBLIC HEARINGS
1. Public Hearing of Adoption of a Resolution Levying Special Benefit Assessments for the Nevada Street
Local Improvement District No. 85 and Adoption of Findings.
City Engineer Jim Olson explained there are three actions that need to be completed; however, it is not necessary
that they all be completed this evening. The first action is the public hearing, the second is the approval of the
resolution, and the third is the adoption of the findings. Mr. Olson clarified the resolution accepts the assessment
rate and allows the City Recorder to begin the collection process and noted the findings are intended to reflect
everything that has happened in regards to this process.
Mayor Morrison called the public hearing to order at 7:22 p.m. He explained the process for participating in the
hearing and stated any written challenges would be addressed after the Council declares conflict of interest and
ex parte contact.
Abstentions. Conflicts. Ex parte Contacts
Councilor Chapman reported no conflicts or ex parte contact and stated anything that has happened in the past
have already been disclosed in the record.
Councilor Silbiger stated he has no ex parte contact to report, but noted that prior to his being on the Council,
Mr. Bullock presented the conflict of interest issue to him. He added that he has driven down Nevada Street
since the completion of the improvements. Councilor Silbiger stated he has not prejudged the application, is not
prejudiced or biased from prior contacts, and will make a decision based solely on the application of the relevant
criteria and the standards to the facts and evidence in the record for this proceeding.
Councilor Hardesty stated she had spoken with her late husband Jack Hardesty and Art Bullock in the past about
this. She stated she has not prejudged the application, is not prejudiced or biased from prior contacts, and will
make a decision based solely on the application of the relevant criteria and the standards to the facts and
evidence in the record for this proceeding.
Councilor Hartzell indicated she performed a site visit a few weeks ago to view the completed improvements.
She noted she had previously declared on the record prior contact with Mr. Bullocks and a group of the
neighbors early on in the process regarding the design of the project and the conflict of interest issue. She added
she had also met with Mr. Bullock, Mrs. Knox, and prior City Administrator Gino Grimaldi about the conflict of
interest issue. Councilor Hartzell stated she does not believe anything she learned from that process would
prejudge her decision and stated the assessment itself was not discussed.
Councilor Jackson noted that she has participated in all of the previous public hearings and attended one or two
of the neighborhood meetings early on in the process. She stated she has not had any ex parte contact regarding the
assessment, has not prejudged this application, is not prejudiced or biased, and will make a decision based solely
on the application ofthe relevant criteria and the standards to the facts.
ASHLAND CITY COUNCIL MEETING
MAY /5.2007
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Councilor Navickas stated he is an acquaintance of Art Bullock, however he does not have any ex parte contact to
report. He has not prejudiced this application, is not prejudiced or biased by prior contacts or involvement, and
will make a decision based solely on the application of the relevant criteria and the standards to the facts and
evidence in the record for this proceeding.
Mayor Morrison stated he has been involved in process since this issue began and stated he has not had any
contact with anyone or received any materials relative to this phase in the process. He stated he has not prejudged
this application, is not prejudiced or biased, and will make a decision based solely on the application of the
relevant criteria and the standards to the facts and evidence in the record.
Mayor Morrison explained any person has the right to rebut the substance of the evidence or information disclosed
during the normal time allowed for testimony. He asked the City Recorder if any challenges had been received and
it was reported that challenges had been submitted by Art Bullock pertaining to Mayor Morrison, Councilor
Jackson, Councilor Chapman and Councilor Hartzell. The four challenges were entered into the record and
Assistant City Attorney Richard Appicello provided a summary of the challenges.
Mayor Morrison, Councilor Jackson, Councilor Chapman, and Councilor Hartzell all stated on the record that they
did not prejudge the application, are not prejudiced or biased by prior contact or involvement, and would make a
decision based solely on the application of the relevant criteria and standards to the facts and evidence in the
record of this proceeding.
Staff Report
City Engineer Jim Olson explained the purpose of the public hearing is to hear objections to the assessments and
noted that staff had not received any written objections or requests for adjustments to the assessment. Mr. Olson
provided the background information for this project and briefly commented on the lawsuit filed by Mr. Bullock in
Circuit Court.
Mr. Olson summarized the assessment scenarios as the following:
· The assessment rate as specified under Resolution 2004-31 is $575.20/unit.
· The maximum increase of 10% results in a rate of $632.72.
· If the formula specified under Resolution 1999-09 had been strictly adhered to, the rate would have
been $716.48/unit, an increase of24.5%.
· If the assessment were to be recomputed based upon the final project cost and at the correct participate
rate as specified under Resolution 1999-09, the final assessment rate would be $1,347 .08/unit, an increase
of 134.2%.
Those Wishine to Provide Testimonv
Art Bullock/V oiced his objection to the process and stated it is not possible to challenge ex parte contact in
writing when it was disclosed just minutes ago. Mr. Bullock claimed that several councilors are personally biased
against him and stated the Mayor and three of the councilors failed to disclose information received from the
neighborhood meetings. He stated his prior request for copies of email correspondence went unanswered and
stated that Mr. Olson was aware that the percentage Ms. Brown told him to use for the assessment was incorrect
and did not disclose this to Council. Mr. Bullock commented that Ms. Brown did not properly disclose her conflict
of interest and stated it is improper to proceed with this hearing until this has been remedied. Mr. Bullock
submitted copies of CDs from previous Council Meetings into the record, and requested the full record from the
Circuit Court case also be included in the record.
Public Hearine Closed
Mayor Morrison closed the public hearing at 7:56 p.m.
ASHLAND CITY COUNCIL MEETING
MAY 15,2007
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Advice from Lee:al Counsel and Staff
Assistant City Attorney Richard Appicello clarified anything that happened outside of the meetings would need
to be disclosed as ex parte contact. He added if Council received any additional materials a declaration of the
substance of those materials also needs to be incorporated into the record.
Mr. Appicello briefly commented on the outcome of the Circuit Court case and noted the Court ruled in the
City's favor on almost every allegation that was made, including the allegations of Ms. Brown having a conflict on
interest. He clarified the Court was satisfied by the City's findings, but he recommended that the Council postpone
the adoption of the findings until the next Council Meeting so that staff can specifically address some of the
allegations made regarding bias, conflict of interest, and prejudgment. Mr. Appicello also recommended the
Council consider leaving the record open if they feel there is any additional ex parte contact that needs to be
disclosed.
Councilor Jackson stated Mr. Bullock's request for emails was related to one ofthe earlier suits and clarified she
had responded to his request. She added that all of the meetings she attended were public meetings and she has
had no conversations with anyone regarding the assessment.
Councilor Chapman noted he had disclosed his prior participation in the neighborhood design meetings at a
previous hearing, and added that he was not on the Council when these meetings occurred.
Mayor Morrison noted he also attended some of the design meetings, but did not participate.
It was noted that Mr. Bullock has the minutes from the neighborhood meetings, and was the one who wrote the
minutes.
Councilor Navickas questioned Council's recourse to address the conflict of interest issue raised against Ms.
Brown. Mr. Appicello clarified that this issue has already been addressed by the Court and in the findings that the
Council adopted. Mayor Morrison added Ms. Brown came before Council two years ago and answered Council's
question to their satisfaction, and all of this is included in the record.
Council Deliberation and Decision
Councilor Hardesty commented that the judge ruled that the City did err in its computation of the credits, however
the City is not required to revise the formula. Mr. Appicello clarified this is correct and stated they could assess the
increase often percent and utilize other City funds to pay the remainder of the project costs.
Mr. Appicello commented on his suggestion to leave the record open and clarified this is only necessary if the
Council feels there is anything that was not disclosed.
Councilor Jackson stated she has nothing to add to the record and noted they could make a decision and have the
findings come back for approval at the next Council Meeting.
Councilor Hartzell commented that she has some emails on her home computer, but is unsure if they are related
to the assessment. She voiced her preference to leave the record open and adopt the findings at the next council
meeting.
Mr. Appicello suggested if Council finds something that should have been disclosed, that they forward it to the
City Recorder and staff will give notice to the interested party and give them the opportunity to rebut. He stated
they do not need to leave the record open at this time unless they have something to add.
ASHLAND CITY COUNCIL MEETING
MAY /5,2007
PAGE 5 ofY
City Recorder Barbara Christensen clarified if a councilor received correspondence that was sent as a group
email to the entire Council, this has already been incorporated into the record. She stated a councilor would only
need to forward her an email if a person sent correspondence only to a particular councilor. Ms. Christensen also
clarified all emails sent to the Council regarding the Nevada Local Improvement District have been made part of
the record.
Councilor Jackson/Chapman m/s to approve Resolution #2007-17. DISCUSSION: Councilor Jackson voiced
her support for moving forward and noted staff received no complaints on the assessment. Councilor Hartzell
received clarification from legal on the limits of adjusting the assessment. Councilor Silbiger stated at this point he
does not support changing the assessment. He noted the residents do not object and suggested they accept the
resolution and move on. Roll Call Vote: Councilor Hartzell, Jackson, Navickas, Hardesty, Silbiger and
Chapman, YES. Motion passed.
Councilor Hartzell/Jackson m/s to continue the adoption of Findings for Nevada Street LID #85 to the next
regular City Council Meeting. DISCUSSION: Mr. Appicello suggested the Council change the effective date of
the resolution to the next meetings date to correspond with the adoption of the findings. Councilor Hartzell
restated motion as "advance the adoption ofthefindings on the Nevada Street LID as well as the adoption of
the resolution associated with it to the next regular meeting. "Roll Call Vote: Councilor Chapman, Silbiger,
Jackson, Navickas, Hartzell and Hardesty, YES. Motion passed.
2. Public Hearing to Declare Real Property on Strawberry Lane as Surplus and Authorize Sale of Lot
#103.
Administrative Services Director Lee Tuneberg provided the staff report and recommended Council declare the
residential property owned by the City as surplus, and authorize staff to dispose of Lot # I 03 to the high bid
received on April 30, 2007. Mr. Tuneberg clarified the bid came in at $462,000 and noted staff would be bringing
back the three remaining parcels individually.
Comment was made noting that Council had discussed using the income from the sale of these lots for affordable
housing, and questioned if there is anything that specifically limits the use of the funds for this purpose. Mr.
Tuneberg clarified a portion of the funds has already been dedicated to payback the General Fund for the costs
associated with removing the restrictions on The Grove. In addition, it was also identified that a portion would be
used to help pay for the property the City purchased for affordable housing behind the Ashlander. He noted the
Council had previously identified using the remainder of the funds for affordable housing; however, the Council
has the authority to change how they want to use the remainder of the proceeds.
Public Hearine Open: 8:45 p.m.
Catherine Dimino/423 Strawberry Lane/Stated when she purchased her property she had heard that these
City lots would be used for a neighborhood park and noted the City's Comprehensive Plan talks of the need for
parks. Ms. Dimino stated the lots are visible to many of the houses in her subdivision and recommended if they are
used for residential homes that the structures adhere to the same design requirements of the subdivision. She stated
some of her concerns include the character of the neighborhood, landscaping, and the requirement for a
fire suppression system. She stated a lack of a fire suppression system places the other homes in the area in danger
and suggested the City lots be made part of the Strawberry Meadows Subdivision.
It was clarified that many of the subdivisions external requirements were incorporated into the provisions for these
lots, and there is additional land on two sides of the lots that is designated as park land. It was noted that it is the
decision of the Parks and Recreation Commission as to how and when to develop the designed park land, and Ms.
Dimino should check with the City's Planning Department if she is interested on which requirements were
incorporated into the property.
ASHLAND CITY COUNCIL MEETING
MAY 15,2007
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Public Hearinf! Closed: 8:55 p.m.
Councilor Navickas/Jackson m/s to declare the real property on Strawberry Lane, lot #103, as surplus
property and authorize the sale of lot #103 to the successful bidder with any subsequent conversion of
lots #104 and #102 to come before the Council for approval prior to sale or disposal and reiterate that
this money is earmarked for affordable housing. DISCUSSION: Councilor Navickas clarified his motion
and stated any additional funds outside of what is owed for the Grove has been earmarked for affordable
housing. Councilor Chapman voiced his concern with the Council's previous decision to circumvent the
subdivision. It was restated that interested citizens can contact the Planning Department to find out what
restrictions apply to the property. Roll Call Vote: Councilor Hartzell, Jackson, Hardesty, Chapman, Silbiger
and Navickas, YES. Motion passed.
3. An Appeal of Planning Action 2006-01784 - Request for a Physical Constraints Review Permit for
development in the Wrights Creek Floodplain an Riparian Preservation Area to improve and widen
a portion of an existing driveway, re-grade a portion of Grandview Drive and extend utilities to serve a
singl~family residence for the property located at 720 Grandview Drive.
Public Hearinf! ODen: 9:01 p.m.
Councilor Hartzell/Jackson m/s to continue the Public Hearing for the appeal of Planning Action 2006-
01784 to the June 19,2007 Council Meeting. Roll Call Vote: Councilor Navickas, Jackson, Hartzell,
Chapman, Silbiger and Hardesty, YES. Motion passed.
PUBLIC FORUM
Art Bullock/Spoke regarding the text of the charter ballot measures and claimed the final text was not entered into
the record in such a way to be permanent. Mr. Bullock asked the Council to state for the record the location of the
official final version of the ballot measure language and asked if there is any guarantee that the text will
not change henceforth.
City Recorder Barbara Christensen clarified there were some initial changes to the text of the ballot measures,
but the information is posted to the City's website and there have been no further changes. She stated this
information is readily available on the website and has been for some time. City Administrator Martha Bennett
clarified the original posted document was the earlier version that did not include the amendments that the
Council adopted. She stated as soon as staff noticed this mistake, they posted the correct version and there have
been no further changes.
Ambuja Rosen/Commented on the proposed tethering ordinance. Ms. Rosen stated if children were chained up
at their home she would not need to speak more than once to the Council to have this stopped, but she has been
campaigning for 16 months for a chaining law for animals. She questioned what is so different about dogs and
other animal family members and commented on discrimination of different species. Ms. Rosen cited examples
of how animals are not that different from people, and requested the Council adopt a chaining law to protect
them from abuse.
UNFINISHED BUSINESS
1. City Attorney Recruitment.
City Administrator Martha Bennett presented an alternative selection process for the City Attorney interviews. She
explained her proposal for a two-step process. The first step would include a Council panel, a lawyer panel
to include citizens and other individuals in the legal aspect, and a citizen/volunteer panel. She stated following
the first step, two or three finalists would be selected to proceed to the second round of interviews, which would
include a moderated discussion broadcast on RVTV, an informal opportunity to meet with department heads,
ASHLAND CITY COUNCIL MEET/NG
MAY 15,2007
PAGE 70f9
and a second interview with the full Council. Mr. Bennett stressed that this is Council's process and they need to
feel comfortable with what they do.
Ralph Temple/ISO Myer Creek/V oiced his support for the process presented by the City Administrator and
commented on community participation during the selection of the Police Chief.
John Stromberg/252 Ridge Road/Stated the members and representatives of the Southern Oregon
Community Coalition have been communicating with Ms. Bennett and the Mayor and are very pleased with
their willingness to entertain new ideas. Mr. Stromberg stated this gives the public the sense that this Council is
genuinely interest in citizen participation and voiced support for the proposed process.
Art Bullock/Commented on the TV interviews and stated these are important to assess how a candidate speaks on
camera and communicates to the Council and the public. Mr. Bullock encouraged the Council to consider a
two hour televised interview and requested they include three candidates in this part of the process.
Council voiced their support for the process outlined by the City Administrator. Ms. Bennett clarified herself
and the Mayor are in the process of preparing a list of candidates to participate on the panels and they will be
submitting this information to the Council once it is established. She noted the City always receives more offers
from individuals wanting to participate than they can accommodate, and noted the need to keep the panel size
manageable.
NEW AND MISCELLANEOUS BUSINESS
1. Update on Solar Project/Permission to Proceed.
Electric Director Dick Wanderscheid provided the background information for the Solar Project and stated the
three purposes of the project are to: I) increase community's awareness of the role of solar energy in meeting the
community's future energy needs, 2) allow Ashland citizens and businesses that have limited solar access or
limited financial resources to invest in a solar electric system, and 3) overcome several hurdles to widespread
adoption of solar electricity systems.
Mr. Wanderscheid stated the City is at a major decision point and stated staff needs to know whether the Council
wants to move forward, and if so, there are three areas where staff requires clarification: 1) Does the City want
to limit the amount of equity shares that one citizen or business can purchase, 2) Does the City want to subsidize
this project or should purchasers pay the entire costs, and 3) Should the City become a default purchaser of equity
from a citizen or business that wants to sell its equity. In regards to Question #1, Mr. Wanderscheid
explained staff is recommending the City initially limit the amount of equity shares. In regards to Question #2,
Mr. Wanderscheid presented four scenarios and recommended the Council proceed with Scenario # 1, which is to
have the energy credit based on 10cents/kWh for 10 years, 15cents for 10 years, and an up front solar rebate of
$123,000. And in regards to Question #3, Mr. Wanderscheid recommended the City not assume the role of backup
purchaser of equity shares, at least initially.
Mr. Wanderscheid explained that staffwould like to have a portion of the new system constructed by late summer,
and noted that the City has already received two bids, however neither met the minimum criteria. He suggested
that the problem with the lack of bids in number and quality is the time line they laid out and that it was bid as a
construction project. Mr. Wanderscheid proposed that they get an exemption from competitive bidding and use a
point system to award; and stated this could come back to Council in June.
Mr. Wanderscheid commented on a few of the hurdles associated with this project. He noted that the CREB
bonds were suppose to take the place of the Federal Energy Tax Credit, however none of the banks will give the
City a 0% interest rate and this is coming in at 1.2% to 1.6%. He stated that while the federal government
envisioned that this would be at 0%, the banks are telling the City differently. Mr. Wanderscheid also clarified that
ASHLAND CITY COUNCIL MEETING
MAY /5,2007
PAGE 8 of9
if an individual can afford to place a 2kW system in their home on their own, it is a better investment for the
individual to do that than to buy into the City's system.
Mayor Morrison questioned whether the Council wants to move ahead with this, and if so what direction to take.
Council listed their preferences and several councilors requested further information and discussion before a
decision is made. In addition, concern was voiced with how this project would affect the utility rates of Ashland's
citizens.
Councilor Hartzell/Hardesty m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Councilor Navickas voiced his support for staff's recommendation and stated that sometimes it takes an
investment on the part of the community to get a project like this going. He stated this is a good project and in this
case, the minor rate increases are worth it.
Comment was made questioning if staff needed a decision right away. Mr. Wanderscheid clarified the City will
have to sell the bonds by December 31, 2007, but there is not rush to have this settled in the next few weeks.
Councilor Chapman suggested structuring this to get rid of the bonds prior to the December deadline and to go to
bid in the fall. He suggested a small group meet with staff to discuss this further and bring it back to the entire
Council.
A subcommittee of Councilors Chapman, Jackson, and Hardesty agreed to discuss this further with staff in
order to bring back a proposal for Council discussion.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Ethics Ordinance.
Colin Swales/461 Allison Street/Stated that this ordinance is long overdue, especially in its relation to the land
use arena. Mr. Swales noted a number of planning actions have come up where these ethics problems have been
occurring and reoccurring. He stated he has some reservations about the ordinance, but feels that it covers the main
points and encouraged the Council to move this ahead.
John Stromberg/252 Ridge Road/Commented on the provIsion that prohibits a commissioner from
representing a client before any City commission or the City Council. Mr. Stromberg gave an example of a
situation where a commissioner who has a project before the commission recuses themselve. He stated it would
be a very awkward situation for the remaining commissioners to be critical of their fellow commissioners
project and stated there is pressure to let things through or to be leanent. He stated another problem is that it
becomes an asset to a professional to be a member of a City commission. Mr. Stromberg encouraged the Council
to not allow this practice to occur.
Art Bullock/V oiced support that the ordinance would extend the ethics provisions to the Council and appointed
commissioners and also voiced his support for the prohibition regarding commissioners representing a project
in front of other commissions. Mr. Bullock stated this is particularly a problem for the Council, Planning, Tree and
Historic Commissions because they act as quasi-judicial bodies. He commented on a lack of trust in the
community with the planning process and recommended the Council include the proposed prohibition in the
ordinance.
Councilor Jackson voiced support for the proposed ordinance, but shared her concerns with the phrase that
prohibits someone serving on a commission from representing a project to another commission. She commented
ASHLAND CITY COUNCIL MEETING
MAY 15,2007
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that this may be too restrictive and does not want to damper the participation of professionals in our community
any further.
Councilor Jackson left the meeting at 10:15 p. m.
Councilor Navickas voiced his support for the ordinance and the proposed prohibition. He stated this language
would not stop professionals from participating on a City commission and noted the commissioner could have
someone present a project on their behalf. He added that this provision would clean up the messiness that they
have witnessed with the planning process.
Councilor Hartzell also voiced her support for the prohibition and stated she does not believe this will damper an
individia]s ability to volunteer.
Councilor Hardesty noted the changes to Section H and voiced her support for the language that requires an
official to apply to the Mayor for a determination if they have a question about the applicability of a code
provision so long as the Council is immediately informed. Councilor Hardesty also voiced her support for the
section regarding the prohibition and stated they should keep unfair advantages and potentia] conflict of interest to
a mlmmum.
Councilor Si]biger stated he agrees with the prohibition, but voiced concern with how this will affect the smaller
consultant firms. He also commented on the language in Section D( 1 ) and questioned the use of the phrase "city
service." City Adminstrator Martha Bennett clarified "city service" is not a volunteer public official, it is an
employee. Councilor Silbiger suggested modifying the language in this section to read, "...except with reference
to unpaid positions filled by appointment by the Mayor or Council."
Councilor Chapman agreed with the concern on how this will affect the smaller consultants and noted that there
are a lot of partnerships in town, and just because an individual does not represent a project before their own
commission, having their partner do it could have the same effect.
In regards to Councilor Hardesty's suggestion, Councilor Hartzell recommended modifying Section H to
read, "... should apply to the Mayor for determination, and City Council will be informed of the inquiry. "
Councilor Hardesty/Silbiger m/s to approve first reading with the noted amendments and place on
agenda for second reading. Roll Call Vote: Councilor Silbiger, Chapman, Navickas, Hardesty, and
Hartzell, YES. Motion passed.
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
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