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04�A E � <br /> k CITY COUNCIL REGULAR MEETING <br /> V AIN 1N O MINUTES <br /> SEPTEMBER 17, 2019 <br /> OREGOr\ <br /> 1. CALL TO ORDER <br /> Mayor Studebaker called the regular City Council meeting to order at 3:04 p.m. on <br /> September 17, 2019, in the City Council Chambers, 380 A Avenue. <br /> 2. ROLL CALL <br /> Present: Mayor Studebaker and Councilors Manz, O'Neill, LaMotte, Nguyen, <br /> Wendland, and Kohlhoff <br /> Staff Present: Martha Bennett, City Manager; David Powell, City Attorney; Anne-Marie <br /> Simpson, City Recorder; Scot Siegel, Planning and Building Services <br /> Director; Brian Don, Building Official; Ivan Anderholm, Parks and <br /> Recreation Director <br /> Others Present: Noah Herlocker, Natural Resources Consultant <br /> 3. PLEDGE OF ALLEGIANCE <br /> Mayor Studebaker led the Council in the Pledge of Allegiance. <br /> 4. CITIZEN COMMENT <br /> Mayor Studebaker acknowledged that a number of those present wished to comment on an <br /> expected proposal for a communication tower on Cooks Butte. Explaining that the proposal <br /> would be considered by the Development Review Commission (DRC) and possibly appealed to <br /> the City Council, he asked that comment that would constitute ex parte contact for Councilors <br /> be avoided. <br /> An audience member asked for clarification on how neighborhood interests would be <br /> represented. Mayor Studebaker said that a lease had been approved by the City Council and <br /> the project would be reviewed by the Development Review Commission. Scott Handley <br /> indicated he still wished to provide comment. <br /> Mr. Powell explained that remedies existed if ex parte contact occurred. Correcting the record, <br /> however, creates a procedural defect. The decision to allow testimony rests with the City <br /> Council, but he asked that no one create procedural defects in the hearings. He further <br /> explained that state laws and local ordinance dictates quasi-judicial hearing procedures. Those <br /> who wished to set the stage for a clean hearing would be better off not creating procedural <br /> City Council Regular Meeting Minutes Page 1 of 11 <br /> September 17, 2019 <br />