HomeMy WebLinkAbout2009-0421 Council Meeting MIN
ASHLAND CITY COUNCIL MEETING
April 21. 2009
Page I 0[8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 21, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Silbiger and Chapman were present. Councilor Jackson was absent.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Stromberg noted vacancies on the Planning Commission, Public Arts Commission and Tree
Commission.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS
The minutes of the Study Session meeting of April 6, 2009, Regular Council meeting of April 7, 2009 and
Joint Council/Parks Commission meeting of March] 2, 2009 were approved as presented.
SPECIAL PRESENT A TIONS & A WARDS
Mayor Stromberg presented the Ragland Ward to the "Ashland Woodlands & Trails Association."
Rogue Valley Council ofGovemments (RVCOG) Director Michael Cavallaro presented the annual RVCOG
report that included:
. Resurrecting the Rogue Valley Public Services Academy (RVPSA)
. Rogue River Greenway - connecting Ashland to Grants Pass
. Applying for a Grant to remove Gold Ray Dam
. Creating ajob description for a Regional Sustainability Expert
. Hosting orientation for newly elected officials
. Restarting the RVCOG newsletter
. Creating a Customer Satisfaction Survey for the Medford Planning Department
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Should the Police Department apply for a gr';nt from the United States Department of Jnstice
uuder the Byrne JAG graut program to fund an additioual 605 hours of park patrol for each ofthe
next four years?
3. Does the Council wish to coufirm Mayor annual appoiutments to the various Commissions and
Committees?
4. Will Council approve authorization for new Airport Lease Agreement?
5. Will Council approve Resolution for Standards of Cover for Ashland Fire and Rescue?
6. Should Council approve a Resolution authorizing the City Administrator, Finance Director or
designee to enter into a Full Faith & Credit financing agreement to reimburse the City for capital
costs on Water and Wastewater projects?
7. Does the Council wish to approve a Liquor License Application from Mark Rosewood dba T's at
303 East Main Street?
City Administrator Martha Bennett requested the Council pull item #6 for discussion.
Councilor Chapman/Navickas mls to approve Consent Agenda items #1-5 and #7. Voice Vote: all
AYES. Motion passed.
ASHLAND CITY COUNCIL MEETING
April 21. 2009
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Administrative Services Director Lee Tuneberg explained the need to borrow $1 million to reimburse the Water
Fund $700,000 and the Wastewater Fund $300,000 to protect reserves. The proposed resolution would repeal
2008-37 and 2008-40 where not all the projects identified last fall were initiated due to economic changes. It
would also allow the City to purchase Full Faith and Credit instead of revenue bonds. In addition, the bank
offered a $3million credit line that would remain open for 6 months and could cover any projects not funded
through stimulus or grant funds at a reasonable interest rate.
Councilor SilbigerlChapman mls to approve Consent Agenda item #6. Voice Vote: all A YES. Motion
passed.
CouncilorSilbiger left the meeting at 7:30 p.m.
PUBLIC HEARINGS
1. Should Council approve first reading of ordinance amendment to the Ashland Land Use Ordinance
(ALUO) adding Chapter 18.63 Water Resource Protection Zones and first reading of ordinance
amendments related amendments ofthe ALUO and Comprehensive Plan regarding the protection
of wetlands, streams and riparian corridors?
Mayor Stromberg announced that due to the absence of Councilor Jackson and Councilor Silbiger, the Staff
Report and Public Hearing portion of the proposed Land Use Ordinance would be held during this meeting.
The absent Councilors would review the Public Hearing prior to the deliberation that would take place at a
future City Council meeting:
Community Development Director Bill Molnar and Planning Manager Maria Harris provided a presentation
that included:
. Wetlands, Streams & Riparian Corridors - Update of City Regulations
. History of Current Regulations
. Project History
. Project TimeIine
. Purpose of Update
. Why are wetlands and streams valuable resources?
]. Flood control
2. Water quality
3 . Water temperature
4. Fish and wildlife habitat
5. Community character and quality of life
. Ashland Watershed Assessment & Action Plan
. Ashland Watershed Assessment 2008 Key Findings
1. Riparian Areas have been reduced to very narrow strip - under story sparse to non-existent
2. Himalayan blackberries dominate under story
3. 95% of watershed prone to high erosion potential
4. Abundance of restoration opportunities
. Preparing for Climate Change in the Rogue Basin 2009
. Impact of Amendments
. Update Package
. Primary Updates
. Chapter 18.63 Water Resource Protection Zones
. Where the Regulation Apply: Wetlands, Steams and associated buffer areas
. Water Resources Map
. Identifying the Regulated Areas
. Locally Significant Wetlands
. Possible Wetlands
. Riparian Corridors
ASHLAND CITY COUNCIL MEETING
April 21, 2009
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. Local Streams
. Intermittent & Ephemeral Streams
. Approval Process
I. Exempt Activities - no Permit
2. Limited Activities and Uses - Staff Approval wlnotice
3. Reductions in Protection Zone - Staff Approval w/notice
4. Hardship Variance - Commission Approval wlnotice
. Revisions to Chapter 18.63 Since March 2 Council Study Session - Herbicide Use
I. Moved to exempt activity
2. State law preempts local regulation of pesticide use (ORS 634.057)
3. Chapter 9.28 Pesticide Policy
. Revisions to Chapter 18.63 Since March 2 Council Study Session - Trails
I. Wider trails for accessibility and high pedestrian traffic areas
2. Educational displays
. Issues
I. Outdoor Use Areas
2. Weight Limitation of Equipment
3. Native Plant Requirement for Streams
Mr. Molnar eXplained that Safe Harbor Standards have a 50% reduction and the allowance came from the
Administrative Rules that allow up to a 50-foot reduction in a protection zone. The Planning Commission
decided to have Type I Procedural Hearings regarding the 50% reduction because of its similarity to variances
where the burden is on the applicant to show the minimum reduction necessary to accommodate what they
want done.
Ms. Harris clarified that the ordinance is not application based, would apply to the Parks and Recreation
Department except for parks with grandfathered exemptions.
Public Hearin!! Open: 7:56 p.m.
Donald Morris/1644 Ross LanelRepresented the Ashland Watershed Partnership (A WP). The A WP
recommended staff develop an enforcement plan in the ordinance or as a supplement. It was vital to determine
the process, the individuals who will initiate and carry out enforcement actions and that City staff working
directly with enforcement understood the ordinance.
Terry Clement/290 Grandview/Commented the ordinance will hinder building on his property due to the
proximity of a seasonal creek. He understood the use of variance but stated the investment made in this
particular property will now be even more expensive and felt the ordinance was too restrictive.
James Moore/1217 Park StreetNoiced his appreciation of the time and effort put into the ordinance but felt
it required public education the City was unable to afford at this time. Numerous citizen resources could help
with public education through volunteerism. He thought innovation and education would align the Water
Resources Protection Ordinance with the Valdez Principals.
Rivers Brown/1067 Ashland Street/Thought the use of pesticide should be included in the ordinance. He
recalled an earlier incident with a Southern Oregon University worker using pesticide and suggested having
Work Studies where people physically remove unwanted plants for trade or education in lieu of pay as an
alternative to pesticides. Mr. Brown shared a line from Jacques Cousteau: "The oceans return to us what we
give to them," and added the oceans were dying. He hoped the ordinance would result in contributing to the
health of the planet.
ASHLAND CITY COUNCIL MEETING
April 21, 2009
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Julie Norman/596 Helman Street/Explained the State prohibits Cities from regulating pesticides on private
property but felt there should be a review of the City's policies on pesticides in the parklands. She provided a
map depicting land currently managed by the Parks Department. She stated the Parks Department was exempt
from 1996 policy regarding the use of pesticides and added the Parks Department's pesticide policy covered
safety measures, accountability, and stressed minimizing the use of pesticide. She noted the Parks
Department's interest in reviewing .their pesticide policy and recommended that the Council look at
strengthening the Parks Departments policies that pertain to pesticides.
Angie Thusius/897 Beach Street/Represented the Grandmothers and Friends in Green regarding the use of
pesticides in the Water Resources Ordinance and the Parks Department. She urged the Council to withdraw
the Parks Department pesticide use exemption and make the existing ordinance all encompassing. Last year,
the Environmental Protection Agency (EPA) and Fisheries were ordered to revaluate 37 commonly used
pesticides in Oregon. The first three pe?ticides analyzed were put on a Fisheries Restricted List with a 500-foot
pesticide buffer zone from streams. The EP A recently ordered manufacturers to test their products for possible
endocrine harm from 67 chemicals. She noted a workshop on May 3,2009 at Glenwood Park to keep the park
pesticide free adding there are approximately 85 pesticide free parks in the Northwest.
John Ward/1525 Baldy Creek Road/Represented the Rogue Fly Fishers and expressed their support ofthe
Water Resource Protection Zones Ordinance and its extensive coverage. He provided a map of Ashland's
water runoff areas and noted the vulnerability of the community due to steep ridges.
Margie Mee/l049 E Nevada Street/Explained her participation with the Madrona Artists, their involvement
in spreading awareness about the Klamath River and how disturbed she was by what she heard. She urged the
Council to provide leadership in making the community a pesticide free area. She mentioned a show on Public
Television on Frontline called "Poisoned Water" that would provide new research and added the Beekeepers
Association felt a pesticide free City was the best way to revive the bee populations locally.
Dave Dotterrer/538 Sutton PlacelExplained he was a member of the Planning Commission and did not
support the ordinance. He disagreed with the process used and was not sure the ordinance would be
understood by the average citizen perspective. He thought the ordinance had made good changes but would
have been better with citizen involvement. He reiterated his major concern was with the process.
Royce Duncan/l 065 Paradise LanelF elt that the process used in writing the ordinance was backwards by not
creating goals and direction. The ordinance should be a resource for the community. There were technical and
practical problems with the proposed ordinance outlined in documents Mr. Duncan had submitted into. the
record earlier. '
Claire Duncan/l065 Paradise LanelStated a sustainable Ashland was obtainable through the good will of the
citizenry and was concerned the 20% of citizens most affected by the ordinance would accrue a sense of
alienation. She recommended the Council use the funds for enforcement on homeowner restrictions for public
education and community building efforts.
JoAnne Eggers/221 Granite Street/Represented the Ashland Watershed Partnership who recommended
technical experts or a Task Force review the draft for clarity, internal consistency, address unresolved issues
and possibly add an index. Another suggestion was make the proposed ordinance user friendly by establishing
a citizen review panel to see if they understood and could implement the various sections of the ordinance in
new development and remodeling situations then provide written feedback to staff and the Council.
Greg Williams1744 Helman Street/Noted his history with Ashland Creek and a prior term on the City
Council. Mr. Williams thought a lot could be done using the Physical Constraints Ordinance] 8.62. He
encouraged the Council to look at the ordinance and question how easy it was for citizens to work with. He
also wanted to see better education on taking care of streams. Protecting the stream was paramount and he did
not feel the ordinance accomplished those goals.
ASHLAND CITY COUNCIL MEETING
April 21, 2009
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Rick Landt/468 Helman Street/Represented the Ashland Watershed Partnership and provided a presentation
regarding Top of Bank. The ordinance was long and difficult to determine the point from all the multiple
definitions. He attributed the difficulties in determining Top of Bank to human alterations, steep topography,
the scour point of the last flood and invasive plants. He provided possible altematives.
Councilor Chapman/Lemhouse mls to extend Public Hearing until 9:30 p.m. Voice Vote: all A YES.
Motion passed.
Zach Brombacher/1370 Tolman Creek/Expressed concems regarding the lack of citizen input and how the
Mayor's participation previously on the Planning Commission gave an appearance of bias to the ordinance.
The ordinance would erode his right to ownership and devalue his property without compensation. He noted
his property location and added the study did not reveal how the City uses the creeks as storm drains without
notification. He felt the public was unaware of what was occurring and were hopeless to fight the City. He
hoped the Council would weigh the severity of the ordinance against what it attempts to accomplish.
Mayor Stromberg clarified that Mr. Brombacher had spoken at Public Hearings before the Planning
Commission and that the Planning Commission had made a site visit to his property.
Stephanie TidweIl/2300 Black Oak WaylExplained she was the Executive Director of the Klamath Siskiyou
Wildland Center and shared the group's concern at the ongoing water quality issues in the Rogue Basin. The
ordinance was an improvement but the Klamath Siskiyou Wildlife Center felt strongly the Parks & Recreation
Department should comply with the] 996 Pesticide Use Ordinance. The activities of the Parks & Recreation
Department are significant in terms of potential impacts to water quality and there are viable altematives to the
pesticides the department currently uses. She added enforcement was insufficient and an educational program
targeting property owners within watershed zones would be beneficial. She hoped Ashland would set a high
bar for sustainability and having an organic Parks and Recreation Department was a good start.
Nicole Del Pizzo/321 Clay Street #3/Explained she was the Education and Outreach Director for the
Lomakatsi Restoration Project. Through the Lomakatsi Site Adoption Plan, they have provided riparian
restoration on 22 sites within the Ashland Bear Creek watershed. The Project's education program works with
schools, at risk youth groups and community members. These groups are enthusiastic and want to help
transform riparian corridors into a healthy native eco-system. She explained the method used for blackberry
removal, gave examples of past projects and stressed community education and public outreach is a viable
method of dealing with this issue.
Pam Vavra/457 C Street/Because of the last minute changes and public input, she hoped the Council would
not approve the ordinance at this time and allow further development over the next three months for
improvement purposes and public input. She applied time, space and manner for regulating pesticide use by
property owners and suggested sign age by property owners when using pesticides. She agreed with other
testimonies on having an education campaign involving citizens.
Tom Marr/955 North Mountain AvenuelShared personal experiences from living on the Trinity River in the
late 1970's and the loss of a child from severe birth defects most likely from pesticides in the river. Trinity
County eventually passed the strictest herbicide use ordinance in the country that was still in effect. Trinity
County's previous ordinance was similar to the ordinance before the Council now. He explained what lead to
the countrywide ban of herbicides on Federal land in Oregon. Many of the pesticides available to the public
are on suspect lists. Even though State law prevents direct regulation of pesticide use by property owners the
City could educate the public by example by becoming a pesticide free City.
Paul Kay/l234 Strawberry LanelAppreciated the progress of the proposed ordinance but did not think it was
ready for approval. Two areas he felt were not being adequately addressed were alternatives to pesticides and
the migration of the active stream channel. Eliminating references to the pesticide policy did not meet the
ASHLAND CITY COUNCIL MEETING
April 21, 2009
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objective of protecting and benefiting the health, safety and welfare of residents and animals. The Water
Resources Ordinance as proposed does not include the short and long-term adverse impact of the application of
pesticides or alternative mechanical or cultural methods upon humans, animals and plants that the Pesticide
Policy does. The proposed ordinance provisions for education are helpful but need continuing research to
increase understanding and skill for the successful management of the water and soil resources. The use of
herbicides and pesticides being cost effective is a perception because often there are associated long-term costs
to the capital resource resulting in increased operating costs and reduced residual value of the capital resource.
The immediate cause is the suppression and development ofthe food webs microscopic foundations in the soil
and water resources. Mr. Kay recommended a book "Teaming with Microbes Soil Food Web," and offered to
loan to the Council adding soil biology provides valuable services and might suppress invasive plants. He
briefly noted the other issue of the migration of stream channels, streams move in sine waves and is important
the City pays attention to the corridor. He recommended another book "The View ofthe River" and offered to
loan to the Council as well.
Marcia McNamara/1007 Ashland Street/Explained she owns 500 feet of property on Clay Creek and the 40-
foot buffer zone will make 40,000 square feet of that property unusable. She understood the need to protect
the water but thought the ordinance should address the larger pieces of property along streams and creeks used
for agricultural purposes. She noted the ordinance required hand held mowing devices within buffer zones and
questioned how the City would be able to run motorized lawn mowers in the parks close to streams.
Liesa Holden/805 Oak Street/Expressed her concern on the use of pesticides and encouraged the City to take
a leadership role and demonstrate ways to get rid of pests and weeds. She lives near Ashland Creek, wants to
be a good steward of the land and knows pesticides are not healthy for floral and fauna in the creek and
eventually the ocean.
Joe Holden/805 Oak Street/Explained that Ashland Creek runs through his backyard and noted crayfish and
steelhead were in the creek. To have pesticides go into the creek and possibly kill these animals was a serious
issue for himself and his family. He expressed concern that pesticides could mutate the fish.
Public Hearin!! Closed: 9:25 p.m. (Record to remain open until a future Council meeting)
The Council and staff discussed applying time, place and manner for herbicide and pesticide use. It would
have to be considered strictly necessary to comply with State or Federal pesticide requirements and unlikely the
City could initiate it because State law pre-empted Federal law regarding pesticide use.
The Council requested information on the following:
. The financial and operational impact to the Parks Department if the City eliminated use of pesticides
. The enforcement plan and how would it be enforced
. The original outline of the goals for the ordinance
. What the Parks Department's plans are regarding pesticides
Councilor LemhouseNoisin mls to continue deliberation and first reading until May 19,2009. Roll Call
Vote: Councilor Navickas, Lemhouse, Voisin and Chapman YES. Motion passed.
PUBLIC FORUM
Brandon Givens/343 Bridge Street/Spoke on behalf of Rogue Valley Television (RVTV) and explained
RVTV's mission is to establish, manage and maintain a sustainable organization that provides public education
and government access television services on a cooperative basis. RVTV is funded bycable franchise fees and
cable 'subscribers pay for it. Mr. Givens noted this is the 20th anniversary of when RVTV was formed. RVTV
is a Public, Educational and Government (PEG) station. The station relies on Southern Oregon University
students to help with operations with a dedicated staff ofthree full time and three part time people. R VTV is
here to help people share their vision with the community. He concluded with an invitation to attend an open
ASHLAND CITY COUNCIL MEETING
April 21, 2009
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house presentation at the Higher Education Center in Medford on May 30,2009.
Pam Vavra/457 C Street/Requested support for Senate Bill 29 (SB29). She provided the Council with a draft
of the resolution and asked to add it to the meeting agenda. She eXplained it was similar to the 2007
Resolution the City Council had passed previously. Included in the packet was a letter from Senator Jackie
Dingfelder supporting Senate Bill 29, the full text ofSB29 and amendments proposed by the County Clerk's
Association that addressed their concerns. She noted statewide support for SB29 and asked the Council to
support it as well.
Councilor NavickasN oisin mls to place on the agenda undcr Ordinances, Resolutions and Contracts for
discussion. Voice Vote: Councilor Navickas, Voisin and Lemhouse, YES; Councilor Chapman, NO,
Motion passed 3-1.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Does the Council wish to make the annual appointment to the Audit Committee with term ending
4/30/2012?"
City Recorder Barbara Christensen provided the staff report.
Councilor Navickas/Chapman m/s to approve the appointment of Roberta Stebbins to the Audit
Committee with a term ending 4/30/2012. DISCUSSION: Councilor Lemhouse voiced support for Marty
Levine and emphasized this was not a NO vote to Ms. Stebbins. Councilor Navickas thought both individuals
were qualified with backgrounds in Accounting. Councilor Chapman expressed his appreciation for both
applicants and added he would vote for Ms. Stebbins.
Roll Call Vote: Councilor Chapman, Voisin and Navickas, YES; Councilor Lemhouse, NO, Motion
passed 3- L
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve the s~cond reading of an ordinance titled "An Ordinance
ameuding the Ashland Land Use Ordinance Sign Regulations Chapter <AMC 18.96) Concerning
Recommendatious for Additional signage by the 2008 Downtown Task Force?
City Attorney Richard Appicello read the title in full. Revisions to Replacement Sign on page 3, #24, under
Definitions 18,96.020 were read as follows: "A change in the materials of a permitted sign in which the
previously approved sign dimensions, supporting structure, and location remain unaltered," and striking
"A change in the size or materials of a sign in a location where a permitted sign had previously existed
prior to the proposed installation."
Councilor Voisin/Chapman mls to approve Ordinance #2982 as amended.
DISCUSSION: Councilor Chapman suggested the 3-D sign specifications of 3 cubic feet be the same
throughout the City instead of pertaining to the downtown area. Councilor Lemhouse agreed with Councilor
Chapman. Councilor Voisin was more comfortable not extending the 3-D sign requirements and waiting for
the next sign code review in two years. Mayor Stromberg commented the amendment was moderate and fair
and would support the motion to extend the requirements if a tie vote ensued. Councilor Navickas was willing
to support the amendment in an effort offaimess across the City.
Councilor Chapman/Lemhouse to amend the motion on the table to restore 3D signs to the commercial
and industrial employment district to duplicate what is already in the CID Region District. Roll Call
Vote: Councilor Navickas, Lemhouse and Chapman, YES; Councilor Voisin, NO, Motion passed 3-1.
Mr. Appicello read the amendment in full.
DISCUSSION continued on amended motion: Councilor Navickas emphasized not allowing the 20 cubic
foot signage outside of the downtown was not related to the Alfredo statue at Wiley's World but a conservative
ASHLAND CITY COUNCIL MEETING
April 21, 2009
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stance to limit gaudy commercialism throughout the area. Roll Call on the original motion as amendcd:
Councilor Navickas, Lemhouse, Voisin and Chapman, YES. Motion passed.
2. Should the Council conduct and approve the first reading of an ordinance titled, "An Ordinance
Amending AMC 2.28.045, Relating to Delegations of Authority to the City Administrator,
Providing for Authority to Extinguish City Interests in Real Property less than Fee Title, Authority
to Enter into Month to Month Leases of Real Property, Authority to Administratively Waive Food
and Beverage and Transient Occupancy Tax Penalties, Amending AMC 4.24.070 and Amending
AMC 4.34.060?"
City Attorney Richard Appicello read the title in full.
Clarifications were made that the ordinance applied to month-to-month leases only and would authorize the
City Administrator to vacate or extinguish easements, not grant them. The Council was not comfortable
delegating authority to vacate or extinguish easements. Currently vacating or extinguishing an easement
required Findings deeming it not necessary for public use and a Public Hearing.
Councilor NavickasILemhouse mls to approve first reading and place on agenda for second reading.
Roll Call Vote: Councilor Chapman, Navickas, Lemhouse and Voisin, YES. Motion passed.
Councilor NavickasILemhouse mls to amend motion by removing item C. Extinguishing interest in real
property. Roll Call Vote: Councilor Voisin, Chapman, Lemhouse and Navickas, YES. Motion passed.
Roll Call Vote on original motion: Councilor Navickas, Lemhouse, Voisin and Chapman, YES. Motion
passed.
3. Resolution regarding Instant Runoff Voting (IRV).
Councilor Navickas supported the resolution, did not think it was controversial and was comfortable moving
forward. Councilor Lemhouse was uncomfortable passing a resolution without a full Councilor public input
and suggested it go on a future agenda for further discussion.
Councilor NavickasILemhouse mls to place on May 5, 2009 agenda. DISCUSSION: Councilor Voisin
commented the Councilors not present voted for the resolution in 2007 and their absence might not make a
difference in the vote. Roll Call Vote: Councilor Chapman, Voisin, Lemhouse and Navickas, YES.
Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Lemhouse publicly thanked the Ashland Police Volunteers who helped in the Pear Blossom parade
and festivities. The City of Medford will reciprocate by volunteering to support Ashland's Fourth of July
parade.
Mayor Stromberg shared Councilor Voisin's suggestion to have one Council Liaison report at each City
Council meeting on a rotating basis. Having the Council provide Trip Reports was also suggested.
ADJOURNMENT
M:M:'~
Bfirbara Christensen, City Recorder