Loading...
HomeMy WebLinkAbout2007-0605 Council MIN ASHLAND CITY COUNCIL MEETiNG JUNE 5, 2007 PAGE I of 10 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 5, 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 Navickas, Hardesty, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced vacancies on the Bicycle & Pedestrian, Forest Lands, Housing, Public Arts, Traffic Safety, and Tree Commissions. APPROVAL OF MINUTES The minutes of the Special Meeting of May 9,2007, and Executive Session and Regular Council minutes of May 15,2007 were approved as presented. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Liquor License Application - T's (303 E Main Street) 3. Request for Sewer Service to Commercial Property Located Outside the City Limits at 2995 Highway 66. 4. Certified Local Government Grant. 5. Award of Contract in Excess of $75,000 - North Main Pump Station. 6. Authorization for the Director of Public Works to Sign a Grant Agreement with FederalAviation Administration. Councilor Chapman requested Item #3 be pulled for discussion. Councilor Hartzell requested Item #5 be pulled for discussion. Councilor Hartzell/Chapman mts to approve Consent Agenda Items #1, #2, #4, and #6. Voice Vote: all AYES. Motion passed. Councilor Chapman commented that the memo is not clear how exactly the sewage system located at 2995 Highway 66 is failing and expressed concern that connecting the existing tanks to the City's system would not remedy the situation if the tanks are leaking. Public Works Director Paula Brown clarified the memo from the County did not mean to imply connection of the existing tanks to the City's system. She clarified the City could stipulate that the property owners either disconnect or seal off the tanks when they connect to the City's sewer system. Ms. Brown commented on the difference between the County's estimate and the City's estimate of how many gallons a day would flow into the system. She clarified the County figured 15 gallons per person per day, but staff estimates 20 gallons per person per day. Ms. Brown expressed her opinion that the IS-gallon figure was too low, but stated the Council could use this figure and stipulate that the property only receive 315 gallons per day. ASHLAND CiTY COUNCiL MEETiNG JUNE 5, 2007 PAGE 2 of 10 Comment was made voicing support for going with staff's higher figure until and property proves otherwise. Ms. Brown noted that staffs estimate of 700 gallons a day would not have an impact on the sewage line. It was noted that the property owner has indicated their willingness to annex and it was questioned if the City could require the owner to meet the site design criteria prior to annexation. Ms. Brown stated the City could expand on an existing condition and state that in the event the buildings are substantially replaced, they will go through the City's site design criteria. Councilor Navickas voiced concern with setting precedence and stated it seems as though this is an annexation that is being pieced out. Councilor Hardesty/Silbiger m/s to approve the request for sewer connection so long as the owner agrees to meet the site design criteria prior to annexation. DISCUSSION: Councilor Hartzell indicated she would like to propose an amendment to the motion. Councilor Hartzell/Navickas m/s to stipulate that the tanks either be removed or filled, but in someway stabilized so to not pollute; that the number of toilets be held to nine; and that the amount of water (gallons per day for sewage) be 500 gallons. DISCUSSION: Councilor Silbiger commented that the County already requires the proper decommission of the tanks, so this part of the motion is not necessary. Councilor Hardesty stated she does not favor limiting the number of bathrooms at this point. Councilor Hartzell noted if the property is annexed, the owner will have the opportunity to add more bathrooms at that time and stated the City's ordinance states the amount of usage shall not be increased. Ms. Brown clarified the property owner has the right to meter usage and determine how much waste they put into the City's system. She stated if they agree to the 500 gallons, the City will meter periodically to make sure they are adhering to this. She also clarified this amount refers to the amount of sewage released into the City's system, not water usage. Councilor Hartzell withdrew the stipulation of limiting the sewage to 500 gallons per day from the motion. Councilor Navickas agreed to this change. Voice Vote on Amendment: Councilor Hardesty, Hartzell, Silbiger, and Navickas, YES. Councilor Silbiger and Jackson, NO. Motion passed 4-2. Roll Call Vote on Motion as Amended: Councilor Hardesty, Silbiger, Jackson, Chapman, and Hartzell, YES. Councilor Navickas, NO. Motion passed 5-1. In regards to Consent Agenda #5, Councilor Hartzell questioned how the City would pay the additional $72,000. Ms. Brown noted the Ashland Creek mainline project scheduled for FY08 was budgeting high and staff believes they will spend less than the amount budgeted. She recommended Council not modify the budget to accommodate the $72,000 and instead allow her to come back and provide an update on the wastewater's budget mid-year. Councilor Jackson/Hartzell m/s to approve Consent Agenda Item #5. Voice Vote: all AYES. Motion passed. Mayor Morrison commented on the City Attorney recruitment process and stated in response to the candidates concerns of confidentiality he is recommending Council cancel the previously scheduled television interviews. Councilor Hardesty/Hartzell m/s to cancel the television show scheduled for June 11,2007 regarding the City Attorney selection. DISCUSSION: Councilor Navickas commented that if an individual is ASHLAND CiTY COUNCiL MEETiNG JUNE 5, 2007 PAGE 3 of 10 unwilling to go through the rigors of our community's public process, perhaps they are not the best person for the job. Roll Call Vote: Councilor Jackson, Silbiger, Chapman, Hartzell, and Hardesty, YES. Councilor Navickas, NO. Motion passed 5-1. PUBLIC HEARINGS 1. Public Hearing to Consider Adoption of the Annual Budget. Administrative Services Director Lee Tuneberg provided a brief presentation on the adoption of the annual budget and stated this is the third phase of the process where the Council holds a public hearing and either approves or amends the budget as adopted by the Budget Committee. Mr. Tuneberg commented on the proposed adjustment to the Electric Fund for the City's solar project and stated if the Council approves this modification, the total appropriation level would be changed to $74,883,085. He also commented on the local option tax levy of$0.58 approved by the Budget Committee for the operation of the library and explained that staff believes sufficient funding would be generated at the rate of $0.565. Mr. Tuneberg stated both the reduction to the tax and the adjustment for the solar project would affect the tax levy ordinance and the resolution setting appropriations currently before Council. It was clarified the Council has the authority to decide whether to levy the full $0.58 approved by the Budget Committee, or the $0.565 figure proposed by staff. Public Hearin!! Open: 7:46 p.m. Art Bullock/V oiced support for adding the line item in the budget for the library funding, but stated the $0.58 levy would not cover all the library services that the City had before. He stated it is important that the City take initiative on this issue because two of the County Commissioners have indicated that this is a very low priority for them. Mr. Bullock encouraged the Council to find a reasonable level of services that citizens would find to be adequate and use that in the negotiations and discussions with the County. Paul Collins/1257 Tolman Creek Road/Stated that he is an Ashland CERT member and requested the full time CERT position be added back into the budget. Mr. Collins commented on the benefits and the services of the CER T program and noted the Fire Department had proposed a cut to their own budget in order to ensure a healthy CERT program. He stated the CERT program is an important part of our emergency services and believes the level of funding approved in the budget is too low to keep the CERT program healthy. Pat Fretton/660 Spring Creek DriveINoted she is also a CERT volunteer and requested the CERT position be put back into the budget. Ms. Fretton stated this program would be adversely affected by the budget cuts. She commented on the services of the CERT volunteers and the various areas they are trained to serve in and noted in the past year they have been activated five times and deployed three. She stated CERT is a valuable community resource and does not want to see this program lose its momentum. Anne Billeter/4999 Griffin Creek Road, Medford/Presented a library funding plan to the Council and submitted a copy into the public record. Ms. Billeter stated they need an interim funding measure to re-open the Ashland branch quickly as well as a long-term sustainable funding plan for the library system. Ms. Billeter's plan included placing a two-year $0.58 tax levy on the September ballot and contracting with the County to operate the Ashland branch. She reviewed the services this would provide and briefly commented on the negotiating points listed in her plan. Pam Vavra/457 C Street/Stated she is relieved to learn the $0.565 rate proposed by staff would not preclude the Council from asking for the full $0.58 if needed. Ms. Vavra expressed concerns regarding the liquidity of the numbers and what the actual contract with the County would include. She questioned ifthere is a plan to establish an ad hoc committee to help staff research and assist Council in evaluating the information. Ms. ASHLAND CITY COUNCIL MEETING JUNE 5, 2007 PAGE 4 of 10 Vavra noted there are a number of out of work librarians that would be available to help the City with this Issue. Kurt Kessler/154 B Street #3/Encouraged Council to put forward the whole $0.58 cents levy to fund the library, and stated even the $0.58 rate would not provide the services the citizens are accustomed to receiving. Mr. Kessler noted the County is looking into privatizing the library system and feels that this would provide substandard service and would give the City less control over the quality of services. Bill Street/180 Meade Street/Paid tribute to librarians and noted that citizens tend to use terms like "services" and forget that there are people who deliver those services. Mr. Street stated citizens rely on the professional staff when they use the library, and hopes the Council will keep the librarians in mind and try to look for cuts that do not involve cutting people. Cathy Shaw/886 Oak Street/Advocated for increasing the amount for libraries and noted the possibility that the Ashland branch could get much busier and they may need the additional funding to augment staffing levels. Ms. Shaw noted that if the City asked for the higher amount they are not required to leverage it and stated it seems clear that the Ashland voters want the library open, sufficient hours of operation, and want it properly staffed. She stated this is the Council's opportunity to give the voters what they want. Public Hearin!! Closed: 8:11 p.m. Mr. Tuneberg clarified it would cost $37,000 to reinstate the CERT position to full time. He also clarified setting the tax rate is the responsibility of the Budget Committee and Council's options are to: I) accept the level approved by the Budget Committee and adopt the ordinance, 2) lower the tax, or 3) do nothing at this point, take the issue back through the public hearing process, and change the tax level set by Budget Committee. He added this process would need to be completed before June 30, 2007. Councilor Hartzell commented on the discussion the Budget Committee had in regards to the ambulance and stated it is important that they preserve as many options as possible in regards to this service. PUBLIC FORUM Philip Lang1758 B Street/Spoke regarding the recently failed charter revision and stated the process was flawed because: 1) the Mayor appointed people with whom he felt comfortable, 2) there was no democratic process, 3) there were only two public meetings, 4) after the Commission concluded, an outside consultant was hired to review and edit the report without overview or opportunity for feedback, 5) when the proposal came before Council the Mayor and the former City Attorney proceeded to make changes ex cathedra, and 6) the requests for the public meetings for discussion, explanation and dialogue were dismissed. Mr. Lang suggested they use this as a learning process and hopes the City will reinitiate the charter revision in the foreseeable future. Lisa Widner/8092 Dead Indian Memorial Road/Spoke regarding the name "Dead Indian Memorial Road" and stated the majority of the people in the City feel that the time has come to change this. Ms. Widner proposed the name be changed to "Indian Memorial Road" and questioned if the Council would support her efforts when she takes this before the County Commissioners. Comment was made voicing support for this effort, but questioning how the Council could be most influential at the County. Mayor Morrison noted it was an extremely protracted process to add "memorial" to the title, but encouraged Ms. Widner to see what she can do to effect change. Ambuja Rosen/Commented on the term "speciesism" and believes this is the basic reason people oppose the ASHLAND CITY COUNCiL MEETiNG JUNE 5, 2007 PAGE 5 of 10 tethering ordinance. Ms. Rosen stated if these were humans chained up, the police would have already stepped in to rescue them from abuse. She encouraged the councilors who oppose the tethering ordinance to consider what it is about animals that makes them unqualified for a tethering limit and asked the councilors to examine their conscience and determine if they are guilty of the prejudice called speciesism. Art Bullock/Spoke regarding the city attorney selection and stated it is important for the Council to consider whether the candidate has a background acting in the corporate interest or in the public interest. Mr. Bullock stated the City of Ashland is a corporation, but the Council is not elected to represent that special interest, they are elected to represent the public interest. He stated they are being consistently advised toward the special interest of the corporation rather than the public interest of the voters and encouraged the Council to consider this element when conducting interviews. UNFINISHED BUSINESS 1. Adoption of a Resolution Levying Special Benefit Assessments for the Nevada Street Local Improvement District No. 85 and Adoption of Findings. Councilor Jackson/Hardesty mls to continue this item to the June 19,2007 Council Meeting. Voice Vote: all AYES. Motion passed. 2. Summer Library Services. Management Analyst Ann Seltzer provided a summary of the staff report and noted the Budget Committee approved a $0.01 property tax increase to supplement a summer reading program. She explained the Ashland School District intends to open one library in each of the schools one day a week and the City has been working with the School District to see how it can help. She stated some of the ideas that have come up are paying for a librarian assistant to do storytime at the elementary school libraries and paying for a reference librarian to be on hand at the high school and middle school libraries. Councilor Hartzell provided a brief explanation of Option #2, which is to open a portion of the Ashland public library. She stated she had prepared some preliminary information on what services could be provided if they cut the hours of operation, and commented on how to supplement the $17,800 allocated by the Budget Committee. She added they need to talk much more with the County Commissioners to find out what their intent is. City Administrator Martha Bennett commented that even if the County receives a bid for outsourcing the library services, they would not be able to fund the outsourcing. She stated the County is looking into outsourcing in order to provide jurisdictions with a lower cost alternative. She agreed that the City needs to be engaged in speaking with the County, but believes that this will create more options for the City, not fewer. Ms Bennett noted the School District has decided to open the secondary libraries from 12:00 p.m. - 7:00 p.m. instead of9 a.m. - 3 p.m., and clarified the School District is going to move ahead with their summer program regardless of what the City decides to do. She explained staff felt the best way to assist would be to provide funding so reference services would be available and for the "Babies in the Library" and storytime functions to continue. Support was voiced for supplementing the School Districts efforts. Additional comment was made that now they can focus on the bond issue and re-opening the Ashland public library. Councilor Hardesty suggested that whatever funding is left from the $17,800 that will be generated from the $0.01 increase be shifted to the levy money or used for accessing central services. ASHLAND CiTY COUNCiL MEETiNG JUNE 5, 2007 PAGE 6 of 10 Bill Street/ISO Meade Street/Clarified he is the high school librarian and there is also a middle school librarian and both of them are professional librarians. He noted there is also one elementary professional librarian who supervises three elementary schools. Mr. Street stated the addition of the reference librarians in the middle school and high school would be a very meaningful addition and suggested the Council allow the City Administrator and Juli DiChiro to explore what would be a meaningful level of service. Councilor Chapman commented that before the City places a levy before the voters or work on raising funds privately, they need determine exactly what the public will get for their money. He stated they need to have all of the pieces in place before they can build a plan and determine what tradeoffs should be made. He commented on needing expertise to determine the validity and value of the County's proposal and voiced support for a group of citizens to look into this. Mayor Morrison commented that the consensus of the Council seems to be with Option # I. Councilor Hartzell/Hardesty mls to ask staff to attempt in using the 1 % levy to hold the cost of the summer library program to $7,000. Roll Call Vote: Councilor Hartzell, Navickas, Silbiger, Hardesty, YES. Councilor Jackson and Chapman, NO. Motion passed 4-2. Staff explained that this will come back to Council in two weeks, and it was noted that time is a factor when considering the formation of the citizen committee. It was noted that help would be needed to find a regional long-term solution. It was also clarified that it may be necessary for the Council to make a decision about the levy before staff has all of the details with the County worked out. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading of a Resolution titled, "A Resolution Adopting the Annual Budget and Making Appropriations." Administrative Services Director Lee Tuneberg noted this is one of four items that need to be adopted to in order to set the budget for next year. He explained the Council needs to pass a resolution that states the City qualifies to receive state subventions, pass a resolution that states the City chooses to receive this revenue, pass a resolution setting the appropriations for next year, and adopting an ordinance levying the taxes. Mr. Tuneberg clarified the actions that will need to be taken after the citizens vote on the tax levy in September. He stated if the levy passes, the City would need to certify the tax rate and the appropriations level with the County by October I, 2007. And if it does not pass, the Council would need to hold an emergency meeting and adopt an emergency ordinance, and they would also need to certify this to the County by October I, 2007. Mr. Tuneberg stated if Council agrees with the adjustments for the solar project, the proposed resolution would need to be changed to add $345,000 in appropriations to the Electric Supply, and this would make the total appropriation $74,883,085. Mr. Tuneberg recommended the Council set the tax rate at $0.565 in the ordinance and on the levy that goes before the voters state "up to $0.58". He explained the rate of $0.565 would generate sufficient revenue for t he first year, which will be only 9 months, and the Council could opt to collect the $0.58 rate for the second year. City Adminsitrator Martha Bennett clarified that Council would either need to adjust the budget or lower the tax rate, since these figures need to match. However the Council could make them match without adjusting the dollar amount appropriated to the library but putting this amount into contingency. Mr. Tuneberg stated if Council wishes to recommend the $0.58 for the tax levy and put $32,000 into contingency, the resolution would need to be adjusted. He clarified contingency on the General Fund would ASHLAND CITY COUNCIL MEETING JUNE 5, 2007 PAGE 7 of 10 need to read $432,000 and the total for that fund would be $16,753,826. And the total appropriation would then be $74,915,085. Comment was made voicing support for adding back money to the CER T program. Ms. Bennett clarified that this may not be necessary and stated due to a calculating error related to the federal grant that the Fire Department received, there may be an additional $38,000 in the Fire Department's budget. She added staff just learned of this development and will report back in two weeks. Councilor Jackson/Silbiger m/s to direct staff and the Fire Chief to reappropriate the $38,000 to fully fund the CERT volunteer coordinator's position as the first expenditure and then continue as the Fire Chief sees fit in adjusting his budget. DISCUSSION: Councilor Chapman noted that the Fire Chief already has the authority to adjust his budget. Ms. Bennett clarified that this is correct, however the motion would tell him where the Council wants him to move the money. Councilor Hartzell noted she is a CERT volunteer, but stated she does not support the motion and feels it is important to leave these decisions to the Fire Chief. Roll Call Vote: Councilor Hardesty, Jackson, Silbiger, and Navickas, YES. Councilor Hartzell and Chapman, NO. Motion passed 4-2. Councilor Silbiger/Jackson m/s to approve Resolution #2007-18 with amendments making the total of appropriations for all funds $74,915,085. Roll Call Vote: Councilor Navickas, Hardesty, Jackson, Silbiger, Hartzell and Chapman, YES. Motion passed. 2. Reading of a Resolution titled, "A Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions." Councilor Hartzell/Silbiger m/s to approve Resolution #2007-19. Roll Call Vote: Councilor Silbiger, Hartzell, Chapman, Navickas, Hardesty and Jackson, YES. Motion passed. 3. Reading of a Resolution titled, "A Resolution Declaring the City's Election to Receive State Revenues." Councilor Jackson/Hartzell m/s to approve Resolution #2007-20. Roll Call Vote: Councilor Hardesty, Chapman, Navickas, Silbiger, Jackson and Hartzell, YES. Motion passed. 4. First Reading of an Ordinance titled, "An Ordinance Levying Taxes for the Period of July 1,2007 to and Including June 30, 2008, Such Taxes in the Sum of $11,286,046 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon." Mr. Tuneberg clarified the rates listed in the ordinance and stated they would leave the Ashland Library Levy rate at $0.58 and put $32,000 in contingency. He added this would make the sum total of property taxes $11,314,046. Councilor Jackson/Hartzell m/s to approve first reading of ordinance as amended and place on agenda for second reading. DISCUSSION: Mr. Tuneberg read the ordinance aloud in full. Roll Call Vote: Councilor Jackson, Hardesty, Silbiger, Chapman, Hartzell and Navickas, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Croman Master Planning. Councilor Silbiger declared a potential conflict of interest and stated he has a non-controlling shareholder interest in Plexis. He noted that he has asked the City Administrator and Plexis to not include him in any discussions outside of the public forum. ASHLAND CiTY COUNCiL MEETiNG JUNE 5, 2007 PAGE 8 of 10 Assistant City Attorney Richard Appicello recommended Councilor Silbiger recuse himself. Councilor Hartzell/Jackson m/s for Councilor Silbiger to be relieved of his participation in this discussion. Voice Vote: all AYES. Motion passed. Community Development Director David Stalheim eXplained the former Croman Mills site is one of the last large pieces of property that is zoned for industrial purposes within the City and staff has contacted the state to obtain funds and assist the City in conducting some master planning. He stated the state does have funds available, and it is called a "rapid response grant", but they do not give the City the money, but rather do the work on our behalf. Mr. Stalheim noted the Council Communication addresses the multiple step process and reviewed this with the Council. Graham Lewis/Representing Ashland Chamber of Commerce/152 N. Pioneer StreetlProvided some background on this issue and spoke regarding the Chamber's efforts to move forward with the development of a master plan for this site in order to connect not only Plexis to the site, but to develop something that would be a draw for other businesses like to Plexis. Sandra Slattery/Representing Ashland Chamber of Commerce/ll0 E. Main Street/Read aloud highlights from letter submitted to the Chamber of Commerce from the CEO and President of Plexis. The letter indicated that Plexis would like to keep its business in Ashland and expressed their projections for continued growth in revenue and staffing over the next five years. It stated given their current growth rate, they project to have nearly 200 employees within the next five years and it is their preference to have as many of them located in Ashland as possible. The letter stated the proposed Kaufman Crossing development seems to be the best of all of the alternatives at the current time, and their vision is to create a world-class campus-like atmosphere for their business and others like it. The letter indicated that Plexis is aware of the obstacles they will need to overcome, but they believe Plexis can be the anchor for other businesses to move into that development and bring clean, high paying professional jobs to the community. Mr. Lewis stated Plexis is the type of business that they can all agree is an asset to Ashland and encouraged the Council's support for this proposal and moving this project forward. Councilor Jackson/Hartzell m/s to authorize staff to proceed with master planning of the former Croman Mills site as proposed. Voice Vote: all AYES. Motion passed. Councilor Silbiger was out ofthe room. Councilor HartzelllHardesty m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed. Councilor Silbiger was out ofthe room. UNFINISHED BUSINESS (continued) 3. Adoption of Findings for Planning Action 2006-02354, Kistler. Abstentions. Conflicts. Ex Parte Contacts Councilor Hartzell stated she attended a Planning Commission retreat where some discussion was held on procedures and this planning action was cited as an example; however, she removed herself from the room until that discussion was finished. Councilor Navickas stated he attended Geppetto' s annual party and Mike Morris approached him and wanted to discuss this issue, but he declined. He added no new evidence was mentioned. Councilor Hartzell stated she experienced a similar incident with Mr. Morris and Mr. Fields, but she also ASHLAND CiTY COUNCiL MEETiNG JUNE 5, 2007 PAGE 9 of 10 declined to discuss the issue. She also noted she received an email from Colin Swales questioning the appropriateness of a Planning Commissioner submitting a challenge. Councilors Jackson, Chapman, Silbiger and Hardesty indicated they had no ex parte contact. Mayor Morrison stated he received one email that listed the results of the Council vote on this issue. Councilor Silbiger noted he received the same email from Colin Swales mentioned by Councilor Hartzell. Staff Report Community Development Director David Stalheim announced that the Council needs to make a decision on this issue at tonight's meeting. Mr. Appicello commented on the two different sets of revised findings that were submitted to the Council and reviewed the differences between the two. He explained one option is to claim jurisdiction and adopt findings; however, they as the decision makers could be challenged if this issue is taken to LUBA. He stated their second option is to not claim jurisdiction and withdraw the appeal. Mr. Appicello clarified the outcome of the two options is the same and stated the Planning Commission's decision would stand. He requested Council determine which option they want to move forward with. It was noted that if the Council does not make a decision tonight, they risk the possibility of the applicant filing a Writ of Mandamus. City Administrator Martha Bennett shared her concerns regarding Option #2 and stated she is worried about the Council having to state the reason for the appeal before calling it up and questioned if this would be considered prejudging the application. Mr. Appicello clarified he prepared two sets of findings, one that claims the Council has jurisdiction and another that claims they do not and withdraws the appeal. He stated he did not prepare a set that just withdraws the appeal without addressing the issue of jurisdiction. Ms. Bennett noted that the Council could delete the portions from the findings that say they do not have jurisdiction because of procedural error and adopt the paragraph that states they withdraw the appeal. Comment was made questioning if Council claims they do not have jurisdiction, will this set precedence in the future in regards to the Council's ability to call items up. Mr. Appicello clarified it is Council's decision whether or not to proceed and stated the more defensible course of action in court is to state there was an error and to not take jurisdiction. Ms. Bennett stated this is also the option that most binds the Council in the future if they decide to call up a planning action. She stated in the future the Council would have to file a formal notice of appeal, pay the $250 fee, and state at that time what they feel the Planning Commission did wrong. She stated she understands Mr. Appicello's advice on what is best in the short term, but does not feel this is best in the long term. Comment was made that the Council should just withdraw the appeal without stating there were procedural errors. Councilor Chapman/Jackson m/s for Council to withdraw its own appeal of Planning Action #2006- 02354 and therefore allow the Planning Commission decision to stand as the final decision. DISCUSSION: Mr. Appicello clarified this motion does not claim error and is just withdrawing the appeal, therefore there is no jurisdiction and the Planning Commission's decision stands. Roll Call Vote: Councilor Chapman, Jackson, Hardesty, Navickas and Chapman, YES. Councilor ASHLAND CiTY COUNCiL MEETiNG JUNE 5, 2007 PAGE 10 of 10 Hartzell, NO. Motion passed 5-1. Councilor SilbigerlHartzell m/s that Planning staff request that the applicant abide by Approval Item #23, which is the 7 ft. bicycle and pedestrian easement. Roll Call Vote: Councilor Hardesty, Silbiger, Navickas, Hartzell, Chapman and Jackson, YES. Motion passed. It was clarified Mr. Appicello is directed to revise the findings to indicate the Council has withdraw the appeal. Councilor Hartzell/Silbiger m/s to adopt the findings presented tonight having to deal with withdrawal with the modifications as specified. Voice Vote: Councilor Hardesty, Navickas, Silbiger, Jackson and Chapman, YES. Councilor Hartzell, NO. Motion passed 5-1. NEW AND MISCELLANEOUS BUSINESS (continued) 2. Discussion of RVTD Funding and Priorities. Delayed due to time constraints. ORDINANCES. RESOLUTIONS AND CONTRACTS (continued) 5. First Reading by title only of an Ordinance titled "An Ordinance Amending the Ashland Municipal Code, Chapter 2.12, City Planning Commission." Delayed due to time constraints. 6. Second Reading by title only of an Ordinance titled, "An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials." Delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. First Reading of a Resolution titled, "A Resolution Supporting the Employee Free Choice Act." Delayed due to time constraints. ADJOURNMENT Councilor N avickas/Silbiger m/s to continue meeting to Friday, June 8 at 1 :30 p.m. in order to continue in Executive Session pursuant to ORS 192.660(2)(h). Voice Vote: all AYES. Motion passed. Barbara Christensen, City Recorder , \<-