HomeMy WebLinkAbout2010-0105 Council Mtg MIN
ASHLAND CITY COUNCIL MEETING
January 5.2010
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 5, 2010
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, Jackson, Silbiger and Chapman were present.
STATE OF THE CITY ADDRESS BY MAYOR STROMBERG
Mayor Stromberg presented the State of the City address where he reported on how the City was doing and where the
community is going. He commented on the following:
'. Changes in the external environment
. High level of unemployment
. Record year in attendance and revenue for Oregon Shakespeare Festival
. Increased enrollment at Southern Oregon University
. Healthy Community Hospital
The general energy level and traffic through the city appears robust. He believed that Ashland was surviving because
it was a genuine archetypal community for where the world needs to go in order to survive.
He felt that the community should take full advantage of the old economy and stability while developing and
strengthening a new community and culture in hannony with the world in which Ashland lives. After working for a
year at the City, Mayor Stromberg felt City employees were skilled with good management and experienced
themselves as members of the community dedicated and responsible for performing their duties. He noted budget
cuts the City incurred, the City Council's goal to stabilize City finances was progressing and how the combined skill
and experience of employees helped avoid a potentially catastrophic fire in the watershed late 2009 and the efforts
made during water curtailment.
Mayor Stromberg addressed the following four City Council goals for 2009-20 I I: I) Collaborated effort of Council
and community to produce an Economic Development Strategy, 2) Transportation Plan, 3) Comprehensive Water
Study and 4) Ashland Forest Resiliency project. He spoke of the difficulties on each these goals and the reasons why.
Mayor Stromberg concluded with the importance of volunteer ism and people taking ownership of their community.
He shared how he felt that Ashland as a community has the ability to develop for the future and reiterated his
invitation from 2009 to do something extraordinary.
CHAIR OF COUNCIL ELECTION
Councilor Voisin nominated Eric Navickas; Councilor Jackson nominated David Chapman. Councilor Voisin and
Navickas indicated support for Eric Navickas; Councilor Jackson, Lemhouse, Silbiger and Chapman indicated
support for Councilor Chapman.
Council consensus to appoint Councilor David Chapman as chair for 2010.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg shared highlights from an article in the Oregonian regarding a soldier from the Infantry Battalion of
the 41" Brigade Combat Team ofthe Oregon National Guard (1/186) who came home on leave to discover the people
in his community had fully restored an old truck he owned out of appreciation for his duty. Mayor stressed the
importance of remembering the people serving the country. He went on to announce vacancies on the Tree
Commission, Conservation Commission, Housing Commission and Planning Commission.
,
ASHLAND CITY COUNCIL MEETING,
January 5.2010
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Councilor Voisin announced a pro and con forum on Measures 66 and 67 sponsored by the League of Women Voters
Saturday January 9,2010, 1 :00pm-3:00pm at Southern Oregon University in the Rogue River Room.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Executive Session of December 14, 2009 and Regular Council of December 15, 2009 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Proclamation of Christmas Tree Recycle Day in Ashland was read aloud.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Gretchen Boylan dba Gretchen's
Organic Pasta, Inc. at 1606 Ashland Street?
3. Does the Council wish to approve a Liquor License Application from Julie O'Dwyer dba T's at 303 East
Main Street?
4. Will the Council, acting as the Local Contract Review Board, approve a Public Contract for a copier
rental, includIng full maintenance, with Ricoh under the State of Oregon Price Agreement #8618 for a
term of 48-months?
5. Does the Council wish to confirm the Mayor's appointment of Gary Pool to the ForestLands Commission
witb a term to expire April 30, 2010?
6. Does the Council wish to enter into an intergovernmental agreement with the City of Medford to obtain
interim Building Official services?
7. Does the Council approve of the Mayor's appointments to the Citizen Committee on Public Safety General
Obligation Bond Levy?
8. Will the Council, acting as the Local Contract Review Board, approve a Special Procurement to award a
contract to Professional Underground Services, Inc. to underground power facilities at exit 14 as an
Intermediate Procurement?
9. Will the Council, acting as the Local Contract Review Bard, approve the additional amount estimated
between $15,000 and $25,000 for engineering services required to remedy the conflicts between the power
facilities and I5IExit 14 bridge expansion project?
Councilor Lemhouse and Voisin requested that Consent Agenda Item #7 be pulled for discussion.
CouncilorJacksonlNavickas m/s to approve Consent Agenda items #1 through #6 and #8 and #9. Voice Vote:
all A YES. Motion passed.
Councilor Lemhouse congratulated the Mayor on the appointments to the Citizen Committee on Public Safety
General Obligation Bond Levy. Councilor Voisin suggested the Committee provide a rationale for the proposal that
comes to the council for a decision.
Councilor V oisin/Lemhouse m/s to approve Consent Agenda Item #7 . Voice Vote: Councilor Voisin, Navickas,
Jackson and Lemhouse, YES; Councilor Silbiger and Chapman, NO. Motion passed 4-2.
PUBLIC HEARINGS
1. Should the Council approve a request to anneX a 1.02 acre parcel located at 615 Washington Street and
change its Zoning Map designation from Jackson County RR-5 (Rural Residential) to City of Ashland E-l
(Employment)?
Mayor Stromberg called the Public Hearing to order at 7:53 p.m. for Planning Action No. 20q9-00784 Annexation
and Zoning Map change from Jackson County Rural Residential-5 to City of Ashland E-I (Employment) and
withdrawal from Jackson County Rural Fire Protection District 5 for approximately 1.02-acre parcel located at 615
Washington Street. (Ron Rezek and Modem Fan)
ASHLAND CITY COUNCIL MEETING
January 5,2010
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ABSENTIONS. CONFLICTS. EX PARTE CONTACTS
Councilor Navickas noted his attendance at the Land Use Hearing during the Planning Commission meeting and
declared that it would not influence his decisions during the Public Hearing. Councilor Chapman and Voisin noted
site visits on separate occasions.
CHALLENGES - None
STAFF REPORT
Community Development Director Bill Molnar shared infonnation on the three areas within Ashland's Urban Growth
Boundary (UGB) and explained that staff anticipated the majority of employment growth to occur over the next 20-50
years. He described prior annexations and the current proposed annexation. Associate Planner Derek Severson
provided a presentation that included:
. Annexation and Zoning Map Change (Site Review & Tree Removal)
. Aerial Photo
. Vicinity Map
. Proposal
. Initial Site Plan
. Proposed Elevations
. Existing MFI Building
. Landscape Plan
. Parking
. Revised Site Plan
. Street Improvements
. Adjacent Wetland
Staff clarified that a portion of the right-of-way may go through the wetland area west of Washington Street and that
current access to Washington Street was through Ashland Street.
Staff further explained that the applicants were asked to provide a revised landscaping plan that addressed the
drainage issue and an arborist report regarding the trees located within the drainage corridor. The applicant would
pay for the street improvements prior to the City issuing a building pennit for the next phase under Condition 5-B.
Another condition required the applicant to sign a Local Improvement District (LID) for a future signal light
installation at the intersection of Ashland Street and Washington Street. Street improvements were nonnally a
requirement of an annexation and in this circumstance there was potential to design a green street.
APPLICANT'S PRESENTATION
Ron Rezek/709 Washington Street/Explained he was the founder and majority owner of The Modem Fan Company
and provided history and infonnation on the twelve years the business has operated. The Modem Fan Company is an
internationally based, design, assembly and distribution company with eleven employees. Because of the long lead-
time for fans, the company needs additional warehouse space to store their product. The customer base includes
individual purchases, hotels and corporations.
Mr. Rezek explained the reason the company was based in Ashland stemmed from his family having a one hundred
year heritage in the Rogue Valley and his decision to raise his children in the area.
OPPONENTS AND THEIR REPRESENTATIVES - None
THOSE WISHING TO PROVIDE TESTIMONY - None
REBUTTAL BY APPLICANT - None
PUBLIC HEARING CLOSED: 8:20 p.m.
ASHLAND CITY COUNCIL MEETING
January 5, 2010
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REOUESTS TO SUBMIT FINAL WRITTEN ARGUMENT - None - Record was officially closed.
ADVICE FROM LEGAL COUNSEL AND STAFF
Mr. Severson summarized the request to approve the annexation of a 1.02,acre parcel at 615 Washington Street
annexation, zone change and a withdrawal from Fire District 5. This would annex the parcel at E-I from the existing
Jackson County RR-5..
City Attorney Richard Appicello explained this was a tentative oral decision for Council, findings and an ordinance
would be brought back at a later City Council meeting.
COUNCIL DELffiERATION AND DECISION
Councilor Navickas/Chapman m/s to approve request for Annexation and withdrawal from Jackson County
Rural Fire Protection District 5 of an approximately 1.02 parcel located at 615 Washington Street.
DISCUSSION: Councilor Navickas thought the application met the criteria of an annexation for Land Use but the
decision was more subjective due to the "may annex" clause in the ordinance. The company was the type of business
the City needed to promote in the community. Council Lemhouse agreed having a business like The Modem Fan
Company benefited Ashland. Councilor Jackson was supportive and interested in looking at the long-term circulation
for that area in the Transportation System Plan. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson,
Silbiger and Chapman, YES. Motion passed.
PUBLIC FORUM
Colin Swalesn43 8th Street/Spoke on secrecy in government. He requested documents the City Attorney had
produced on the nudity ban for an Executive Session is made public and invited the Council to make a motion in
favor of that request later in the meeting. He went on to suggest that the City post or make public specific information
regarding Executive Sessions similar to the School Board.
,Ii' ,W"", '~>UUNFINISHED BUSINESS
I. Should the Council approve Second Reading of an ordinance titled, "An Ordinance Amending Ashland
Municipal Code 10,44.012 and 10.44.020, Relating to Public Nudity and Penalties?
Council and staff discussed whether or not the Council was in deliberation with the issue and if they should allow
public testimony.
Councilor VoisinlNavickas m/s to suspend the rules and allow citizens to speak on this ordinance.
DISCUSSION: Councilor Jackson noted this was the fifth meeting on the subject, which council was in deliberation,
and was hesitant to allow further public input. Councilor Navickas stated this was an issue of public concem and they
had the responsibility to listen to public input. Councilor Lemhouse felt that council should continue deliberation in
order to move forward. Councilor Voisin stated the ordinance had changed significantly and wanted to hear public
input regarding the changes. Councilor Jackson commented she would support the motion if the speakers followed
the Mayor's request not to repeat information shared at prior meetings. Councilor Chapman wanted to hear input on
what the public thought ofthe current text. Roll Call Vote: Councilor Navickas, Jackson, Voisin, YES; Councilor
Silbiger, Chapman and Lemhouse NO; Mayor Stromberg, YES. Motion passed 4-3.
City Attorney Richard Appicello read the short text for 10.44.012 and 10.44.020 Penalties aloud.
Will Storm/3607 Hwy 66/Explained he was a Fine Arts artist represented by Ignition Gallery and shared previous
employment and magazine cover accomplishments. Earlier that day he had been painting two nude female pieces of
art and commented there is nothing as stunning or beautiful as a human being.
Emily Hobbs/Sophia Larive/531 0 Hwy 66/Stated she was 10 years old and had witnessed naked men and women
near her school. She shared reactions from the younger kids who had come to her regarding the incidents. It made
them all feel uncomfortable. She felt a 200-foot ban from schools was too visible and wanted the distance increased.
She thought it was fine to be nude in designated areas but not near schools and wanted to ban nudity around schools.
ASHLAND CITY COUNCIL MEETING
January 5.2010
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Ms. Larive added classmates in her class thought it is wrong for individuals to be naked around their school campus.
Jack HobbsI5310 Hwy 66/Spoke on behalf of several middle school students who were comfortable with nudity just
not in public places around people and children who did not want to be exposed to nudity. He thought there should
be a ban around schools; public places like the YMCA and shopping centers, other areas were fine.
Karen Hobbs/5310 Hwy 66/Explained children need clearly defined boundaries to feel safe. As a teacher, she has a
mandated duty to report child abuse. She questioned what the difference was between a nudist exercising his or her
rights being nude within a school zone and a person displaying themselves for gratification in the eyes of a child. She
encouraged Council to adopt a common sense approach with a school district wide ban. Putting children's safety first
would never be regretted later.
Juli Di Chiro/635 Weller LanelIntroduced herself as the Superintendent of Ashland Schools and reiterated her
support of a citywide nudity ban. She eXplained this was a student safety issue and did not want schoolchildren to
discriminate between naked people who were hannless versus those who intend hann. She encouraged Council to
support a citywide ban instead of a 200-foot school zone area because that did not provide a safe walking home
environment for children. Additionally the Police Department needed an ordinance that was easy to enforce. The
community has a responsibility to protect children and Ms. DiChiro looked forward to a partnership with the City
Council in putting forth an ordinance that helped children feel safe.
Philip Lang/758 B Street/Explained he had been a licensed clinical social worker in California and Oregon for 42
years and had run Crisis Intervention and Dunn House. He clarified previous public testimony that stated Post
Traumatic Stress Disorder (PTSD) was created in children by sexual abuse and those children are re-traumatized
when they see naked people. There was no evidence proving that. PTSD requires fully fonned defenses that a young
child does not have. Children also do not have the capacity for repression. PTSD presumes a long period of
repression. The instance ofPTSD among children subjected to sexual abuse is negligible and re-traumatization by
seeing naked people non-existent. Traumatizing sexual abuse occurs in homes, perpetrated by people the child
knows. There were plenty oflaws dealing with people exposing themselves in public. The notion that nudity has to
be banned intentionally or unintentionally connects it improperly with implied sexual pathology or criminology. The
proposed ordinance was misguided, unnecessary and bad public policy.
.,.,...u.-.~.
Ralph TempIeI150 Myer Creek Road/Noted a letter from David Fidanque the Executive Director of the Oregon
American Civil Liberties Union (ACLU) that pointed out two pieces of bad advice the Council received from the City
Attorney and three constitutional defects in the pending proposed ordinance. Mr. Temple infonned the Council if the
proposed ordinance passes, the ACLU would most likely support a legal challenge against it. He implored the
Council not to pass an unconstitutional ordinance and spend taxpayers' money on litigation. It was unlikely the
ACLU would challenge a 200-foot ban around school zones and suggested that instead. He concluded by agreeing
with earlier testimony on taking secret advice from the City Attorney. That infonnation should be out in the open
where it can be analyzed and criticized by organizations like the ACLU and others.
Tim LariveI441 Taylor Street/Explained he was a lifelong progressive and was open to most. He wanted his
daughter to learn about the adult naked human body when she was an adult and not have it foisted on her by a
complete stranger. It was unfair for his daughter and for Council to allow something like that to happen. He
acknowledged the ACLU threat of a lawsuit, listed places in California and Oregon with full nudity bans, and found it
unusual that Ashland has to be more progressive than other towns. He asked Council to stand up against the threats
of lawsuits and do the right thing with their vote.
Colin SwaIesl143 8'h/Noted three of the Councilors stated publicly and privately they wanted to repeal the existing
ban on nudity. In 2004 when the first ban passed, the Council was trying to weave a compromise that would make
everyone happy. It resulted in demonstrations of naked people against the ban. Mr. Swales read parts of an article in
the Daily Tidings at that time and related it to the current situation. He challenged the Council to repeal the existing
ban.
ASHLAND CITY COUNCIL MEETING
January 5,2010
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Councilor Navickas expressed concern the ordinance had so many changes that it was not appropriate for second
reading and wanted to propose something different.
Councilor NavickasN oisin mls to postpone second reading indefinitely and request that staff come back with
language that is specific to 200-feet around schools. DISCUSSION: Councilor Navickas explained creating hann
in the ordinance extended jurisdiction to include private property. Establishing a 200-foot ban around schools would
be clear, concise, balance freedom of expression and make it easier for the police to enforce. Defining nudity to
include breasts and buttocks would prevent people wearing only g-strings around school zones that could be equally
upsetting for parents. It would address the concerns of the community, maintain protection and expand it to school
areas. Councilor Jackson did not support the motion. The proposed ordinance used language major cities in Oregon
used that have been in place for decades and challenged in court without success. The "Whereas" statement on the
proposed ordinance responded to existing law and had not been sued or taken to court anytime recently nor had
Ashland's current downtown ban. Council worked on compromises to the ordinance that included reducing the
penalty to a violation and excluding private property and would not regulate expressive behavior.
Councilor Lemhouse did not think the Council should allow any group to dictate policy through threats and
intimidation. The Council sets the policy of the City and community values drive those decisions. The Council
needed to more forward so the community could do the same.
Councilor Chapman would not support the amendment eXplaining the similar proposed ordinance prior was defeated
by a tie-breaking vote and there did not appear to be a shift since that vote.
Councilor Voisin noted the ACLU has an important history in the country that she deeply respected. She did not view
the statement by ACLU as a threat but information based on their judgment and what information they have. She
supported a parent's right to shield children from unwanted nudity but could not find evidence that publicnudity
triggered trauma for sexually abused children and wanted evidence. She would support the motion because it spoke
to what parents were requesting.
Councilor Silbiger was not comfortable with some of the "Whereas" statements noting other cities did not include
them in their ordinances. It was clear after months of meetings, testimonies, research and reali2ing the initial school
zone compromise would not work, the most reasonable solution was to follow Eugene and Portland and prohibit
intentional exposure of genitalia.
Councilor Navickas appealed to Councilor Chapman to support the alternative as it specifically addressed areas
around schools and did not attack civil liberties. Councilor Chapman responded he did not support either of the
proposed ordinances.
Mayor Stromberg did not think any ofthe options were perfect. He felt that a parent had the right to decide when and
how their children are exposed to naked people. The best solution would be a 250-300 foot ban from schools and
major routes to schools and provide police with a specific map they could show someone in violation and give them a
warning. Councilor Navickas proposed the alternative come back for a first reading, with draft language similar to the
Mayor's suggestion to include routes to schools.
Councilor Jackson commented on correspondence received from the nudist communities that conveyed their beliefin
nude recreation and the ability to be nude in appropriate places but did not support public nudity. Those letters were
one of the reasons she was comfortable removing the private property piece.
Roll Call Vote: Councilor Voisin and Navickas, YES; Silbiger, Chapman, Lemhouse and Jackson, NO.
Motiou failed 2-4.
Councilor Jackson/Lemhouse mls to remove the following language from the second to the last "Whereas"
statement on page 2 of the ordinance: ".. .and individuals desiring to engage in protected expression involving
nudity are encouraged to coordinate with responsible public officials so as to avoid harm to participant.and
ASHLAND CITY COUNCIL MEETING
January 5,2010
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citizens alike..." DISCUSSION: Councilor Jackson eXplained the ordinance regulated conduct, not expression and
the statement muddied the intention. Councilor Navickas disagreed with the entire "Whereas" statement saying it
created a contradiction and blurred the intention.
Conncilor NavickasNoisin mls to amend the motion to remove the entire "Whereas" c1anse second to the last
"Whereas" statement on page 2. Roll Call Vote: Councilor Voisin, Chapman, Navickas, YES; Councilor
Silbiger, Lemhouse and Jackson, NO; Mayor Stromberg, YES. Motion passed 4-3.
Police Chief Holderness explained that legally in the state of Oregon, exposing genitalia is considered conduct not
expression and the Oregon Supreme Court had agreed it was conduct. City Attorney Richard Appicello further
explained the ordinance was a prohibition on conduct. )
Councilor Jackson/Lemhonse mls to approve Ordinance #3001 as amended.
Mr. Appicello read the ordinance aloud.
Councilor NavickasN oisin mls amend the motion to remove the three "Whereas" c1anses associated with the
US Constitution, the third, fourth and fifth statements and remove as well the "Whereas" statement referring
to the Federal or State Constitntion nnder 10.44.012. DISCUSSION: Councilor Navickas asked Councilor
Chapman for support, reiterating the ban would be a significant change to the community on what is allowed in the
name of protest and expression and shared examples. Councilor Chapman agreed on not having verbiage in the code
stating it was not violating the State Constitution. Mr. Appicello clarified the language indicated it would be applied
in a case-by-case basis in a manner that did not violate the Oregon Constitution. Roll Call Vote: Conncilor Voisin,
Chapman and Navickas, YES; Conncilor Silbiger, Lemhouse and Jackson, NO; Mayor Stromberg, YES.
Motion passed 4-3.
Conncilor NavickasNoisin mls to amend motion to remove the "Whereas" c1anse that states: "Whereas,
victims ofsexual abuse, especially children, are particularly sensitive to conduct of a sexnaI nature, including' , . '.
nnexpected pnblic nndity, and such conduct is only exacerbated if it occnrs in or around areas:considered'~safe. ." ....." .
areas,' like schools..." DISCUSSION: Councilor Navickas thought the statement contrived harm, there was no
evidence and to codify it was inappropriate. Councilor Lemhouse was concerned with removing the "Whereas"
statements as these were used as a basis for the decision and provided clear intent so the City did not have to argue it
in court and should be retained for any undo expense that may be brought on the City. Councilor Chapman thought
the ordinance was more about nuisance instead of harm. Roll Call Vote: Councilor Silbiger, Voisin, Chapman
and Navickas, YES; Councilor Jackson and Lemhouse, NO. Motion passed 4-2.
Councilor NavickasNoisin mls to amend under 10.44.012 Public Nudity to include after "...while in an
exterior public place..." the following language: "...excluding designated areas where nudity is allowed by
resolution..." DISCUSSION: Councilor Navickas requested an exception to allow areas of nudity in the future.
Mr. Appicello cautioned designating an exterior public place for public nudity could create a nuisance. Councilor
Jackson thought the amendment complicated the ordinance and was not in favor of it. Councilor Lemhouse
commented the amendment was another effort to make it difficult to support in court and that Council needed to move
forward with the proposed ordinance.
Roll Call Vote: Councilor Voisin, and Navickas, YES; Councilor Silbiger, Chapman, Lemhouse and Jackson,
NO. Motion failed 2-4.
Mr. Appicello read the sections deleted from the ordinance aloud.
Roll Call Vote on amended Original Motion: Councilor Silbiger, Chapman, Lemhouse and Jackson, YES;
Councilor Voisin and Navickas, NO. Motion passed 4-2.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should the Council approve First Reading of an Ordinance amending Council Rules Chapter 2.04.090,
2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons, and move the ordinance
on to Second Reading"?
ASHLAND CITY COUNCIL MEETING
January 5.2010
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CouncilorVoisin/Lemhouse mls to continue reading of ordinances. Voice Vote: all AYES. Motion passed.
2. Should the Council approve First Reading of an Ordinance providing for uniform policies and operating
procedures for advisory commissions, committees and boards?
Item postponed (see motion above)
NEW AND MISCELLANEOUS BUSINESS
1. Will the Council amend the Downtown Sidewalk Usage Map adding an additional site for one newspaper
rack location in front of Louie's Bar & Grill?
Public Works Director Mike Faught gave the staff report and introduced Melissa Jensen, the owner of Louie's Bar
and Grill. He eXplained there were no variances or exceptions under the criteria allowed in the ordinance, reviewed
the criteria and applied it to the request for exception by Curtis Hayden, the Editor and Publisher for the Sneak
Preview. If Council decided to approve the exception, staff recommended an amendment to the Downtown Usage
Map.
Councilor Lemhouse noted a potential conflict of interest but felt he could make an unbiased decision.
Melissa Jensen/41 North Main StreetlExplained she was the owner of Louie's Bar and Grill, supported relocating
the publication racks and was distressed to hear it was being reconsidered. She preferred to have all the publications
racks removed from her property front.
Colin Swales/143 8th StreetlExpressed his concern with the width of the sidewalks in the downtown area concerning
the newspaper racks. He thought publication racks should go on private property adjacent to the public right of way.
. . City Attorney Richard Appicello clarified if Council amended the Downtown Usage Map and created space for
,.. " .,.publication box in front of Louie's, that space would be assigned by lot and there was no guarantee the requester
c(llISloen"l-'would be allowed to use the box. Mr. Faught confirmed an initial lottery determined.space.in the publication racks." '.. .
followed with a rotation process and that all the participants had agreed on the seven locations. Publication,boxes not
in compliance would either be removed or moved to private property. Councilor Chapman added several businesses
were asked if they wanted publication racks on their private property and a number moved inside of Bloomsbury
Books.
Councilor ChapmanNoisin mls to deny Mr. Hayden's request to amend the Downtown Usage Map.
DISCUSSION: Councilor Chapman thought the rules were clear and customers would adapt. Councilor Silbiger was
in favor ofthe motion. Councilor Navickas thought it restricted freedom of the press and limited expression and was
not in favor of removing any of the newspaper boxes. Councilor Lemhouse would support the motion based on staff
recommendation. Roll Call Vote: Councilor Silbiger, Voisin, Chapman, Jackson and Lemhouse, YES;
Councilor Navickas, NO. Motion passed 5-1.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
1. Housing Commission
Barbara Christensen, City Recorder