HomeMy WebLinkAbout1997-0204 Council Mtg MIN MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 4, 1997
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:08 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen and Wheeldon were present.
APPROVAL OF MINUTES
The minutes of the Regular meeting of January 21, 1997 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Update by Paula Brown on demonstration wetlands project.
Paula Brown, Wetlands Coordinator presented update and map of the demonstration wetlands
project. Gave brief history on past, present and future progress. Raised concerns regarding
the construction schedule.
CONSENT AGENDA
1. Minutes of boards, commissions and committees.
2. Monthly Departmental Reports - January, 1997.
3. City Administrator's Monthly Report - January, 1997.
4. Approval of Liquor License application for the Morning Glory, 1149 Siskiyou
• Boulevard.
5. Confirmation of Mayor's termination of probationary Director of Public Works.
Councilor Hagen requested that item #5 be pulled from Consent Agenda.
Councilors Hauck/Reid m/s to approve consent agenda items #1-4. Voice vote: all
AYES. Motion passed.
Council decision to place item #5 on agenda at this time.
Mayor Golden gave overview of how it was determined to terminate employment of the
Director of Public Works. It was explained that due to legal reasons, it was not possible for
council or administration to speak specifically regarding the reasons involving the
termination. The steps taken that led to the placing of the Public Works Director on
administrative leave was explained by Mayor Golden.
Dennis Belsky/Department of Environmental Quality/Read letter to council that clarified
the working partnership between the City of Ashland and the Department of Environmental
Quality. The letter was an apology for inappropriate speculation on behalf of DEQ staff and
a pledge for continued cooperation with the City in moving forward with effective solutions
to the water quality problem in Bear Creek.
• City Cantu Mating 2-0497 1
Paul Kay/1234 Strawberry Lane/Read statement to council regarding accountability. Spoke
• regarding what he felt that Susan Broadus-Wilson brought to the City of Ashland and felt that
the city was finally able to get into a relationship with the community regarding
accountability. Felt that if Susan Broadus-Wilson is terminated then the city is not willing to
work together as a community. Feels that public service is best served with mediation, and
urged council to wait at least two weeks before making a decision.
Susan Maloch/1234 Strawberry/Spoke regarding personal experience of excommunication
in the community. Doesn't feel that what is legally responsible is what is morally right.
Jim Olson/Engineer, City of Ashland, Public Works Department/Spoke regarding his key
position in the flood restoration process. Clarified for council comments that were made
regarding flood lines that were not cleaned out at the time of the flood. Explained that
during the flood, emergency procedures were done to take care of the flood emergency at
that time. Spoke positively of his relationship with the City Administrator and commented
on the high qualities of decision making that the City Administrator had to make.
JoAnne Eggers/221 Granite/Spoke regarding what this situation reveals about our
community. Requests that the council and administration encompass the quality of citizens,
not only in words, but in action.
Pete Lovrovich/Director of Electric Department, City of Ashland/Spoke regarding what
he felt were false statements made in regards to the actions of the City Administrator.
is Commented on the competency of the City Administrator during the flood emergency. Felt
the council should be aware of certain circumstances surrounding the indecisiveness of Susan
Wilson-Broadus.
Cate Hartzell/881 E. Main/Commented on conflicting information'surrounding this issue.
Requested specific information from the council for the basis of their decision.
Would like to see some fairness toward employees and due process.
Mike Morrison/Water Department, City of Ashland/Commented that after 22 years of
service, this is the first time he felt it necessary to come before the council. Commented on
the false statements that the press had released regarding the City Administration. Clarified
the procedures that had been taken regarding the dealings with the flood emergency and that
Susan Wilson-Broadus did not "save the plaza". Every decision that was made went through
channels and was handled appropriately.
Lloyd Haines/51 Water Street/Requested that the council investigate the serious charges on
the handling of the flood by Public Works. As a property owner who suffered severe
damage, he would like to have this matter investigated through outside engineers.
Ron Roth/6950 Old Hwy 99 S/Voiced concern that employees of the city would not be
willing to step up and speak freely regarding the bad decisions made during the flood
• cur c"""a Malin asst 2
emergency. Shared statements that were made to him by anonymous city employees.
• Commented on dollar estimates, previously submitted to council, regarding costs associated
with the flood that were not correct. Questioned the process in firing of Susan Wilson-
Broadus, shared his working relationship with Susan Wilson-Broadus. Did not feel a city
employee could share their true opinion to administration without the fear of being fired.
Questioned if what the city wants is an administrator that is not environmentally friendly.
Jack Blackburn/805 Oak Street/Requested discussion regarding what he felt was the cities
bad personnel policy. Commented on the power of the mayor in the hiring and firing of
employees. Commented on the process of how Susan Wilson-Broadus was hired and the
public knowledge on how the Mayor and City Administrator were not in agreement on the
selection. Felt that the Mayor and City Administration "set this up", because of the initial
problem at the beginning of hiring. Does not feel that the Mayor and City Administration
acted in good faith.
Keith Woodley/lire Chief, City of Ashland/Spoke regarding inaccurate information that
was printed in local newspaper. Felt that employees were robbed of their effort and
excellent response to the flood emergency. Explained how placement of responsibility was
provided during the flood. Distributed to council flood operation section report that outlined
the responses to various emergency that occurred during the flood. The report was able to
clarify several items that had been reported inaccurately in the news article. Commented that
out of the three cities he had previously worked for, this is the only.City Administrator that
worked "hands on" with staff.
• Vic Lively/35 3rd Street/Spoke in support of the city. Shared past experience as retired
Police Chief and the flood of 1964 and 1970's. Commented on how City Administrator
Brian Almquist during the flood in the '70's, was personally involved in the flood
emergency. Explained that at the time of his initial hiring, Almquist was not in favor of his
hiring, even though he was hired at that time. Stated that Almquist never undermined his
employment, but was always supportive.
Pat Acklin/322 Bridge Street/Commented on how disputes and the current situation will
only break down the community. Stated that the City Administrator does nothing but carry
out council policy. Suggests that council continue with policy in the next hiring of the Public
Works Director, that this individual be environmentally sensitive. Feels that council should
be acting on policy, not public opinion. Commented on the professionalism of the council.
Mayor Golden clarified that the City Administrator did not perform the employee evaluation
on Susan Wilson-Broadus. Golden stated that she completed the evaluation and through the
help of interviewing almost all of the Public Works employees, she was able to make her
decision. Concerns were universal by the employees of the Public Works Department.
Golden will not explain further to the community, based on sensitivity and privacy for Susan
Wilson-Broadus.
Car Council Meeting 2-"97 3
• Councilor Hagen agreed that the flood had little to do with the situation surrounding Susan
Wilson-Broadus. Read statement on how he felt regarding this situation. Stated that he felt
it was our City Administrator's failure to proved a supportive working environment. Felt it
was ultimately a majority of the city council that must take responsibility for not insisting on
a standard of fairness in this and many other matters.
Councilor Wheeldon read statement on how she felt regarding this situation. Wheeldon had
hoped that the council would delay a decision tonight, but she could non support the
continued employment of Susan Wilson-Broadus. Wheeldon did not believe that the
relationship between Wilson-Broadus and the City of Ashland was salvageable. Wheeldon
felt that the mayor and the city administrator should have agreed in advance to a means of
mediating potential conflict in this situation. The three parties should have set mutually
acceptable goals and should have established an assessment procedure to regularly evaluate
progress toward these goals. Wheeldon recommend that the council implement this idea and
the following. When a new department head is hired by the city, the city administrator will
provide the council with quarterly written assessments of that employee's performance. In
addition, the council will have the opportunity to formally interview this department head at
three month intervals during the probationary period, without the administrator present
Councilor Laws spoke to the disconnect between the policies that the Public Works Director
was following and the reasons for the dismissal. Did not feel the action being taken by
council had anything to do with the commitment to being a leading city in terms of dealing
with our environment. Commented on the progress in improving the relationship to our
• environment and being sensitive to the problems that face our city.
Councilor Reid thanked Susan Wilson-Broadus on her progress she made while with the city
and regrets the decision that.the council has to make.
Councilor Hauck stated that based on his knowledge of the situation and prior experience in
similar matters, he had determined that it is best to part ways for both parties involved.
Councilors Laws/Hauck m/s to approve Consent Agenda item //5. Roll Call vote:
Wheeldon, Hauck, Reid and Laws, YES; Hagen, NO. Motion passed: 4-1.
PUBLIC HEARINGS
1. Continuation of hearing on request for Outline Plan approval for a seven lot
subdivision under the Performance Standards Option located at 25 Westwood
Street.
City Attorney Paul Nolte explained to council that at the end of the previous hearing there
were issues regarding whether or not there were other applicable ordinances that applied to
this particular development. Further, the opponents had raised some criteria that they felt
were applicable and had not been addressed. Nolte stated that it has been determined, that
there are no other applicable ordinances to this particular development.
• City CnunA Mating was? 4
• Planning Director John McLaughlin responded to council those ordinances that the opponents
had felt applied to applicable ordinances. Reported that there was no new information and
that all information was part of the record.
McLaughlin clarified for council that there is a request to form the Local Improvement
District. The possibility of forming a larger LID is being considered for Westwood,
Strawberry and Alnut Streets. There will be future neighborhood meetings on this
possibility.
Councilors Hauck/Hagen m/s to approve Outline Plan for a seven lot subdivision under
the Performance Standards Option located at 25 Westwood Street with that attached
condition. Councilor Reid abstained due to being absent at the Public Hearing. Roll
Call vote: Laws, Hauck, Hagen and Wheeldon, YES. Motion passed.
2. Proposed increase in Transportation Utility Fee for the establishment of an
Arterial Street Assistance Account.
Finance Director Jill Turner clarified for council that the concept was to look at an Arterial
Street Fund, approximately $50,000 in increase in Transportation Utility Fee. Reported that
the current transportation utility fee for a single family residence is $2.41 and this would be
an additional .37 with proportional increases on the commercial and multi-family residents.
City Administrator Almquist explained that this was one recommendation from the ad-hoc
sub-committee regarding how to deal with extra-ordinary requirements on arterial streets
where there is residential property abutting.
PUBLIC HEARING OPEN: 9:05 p.m.
PUBLIC HEARING CLOSED: 9:05 p.m.
Councilors Wheeldon/Hagen m/s to place a resolution at next council meeting for
proposed increase in Transportation Utility Fee for the establishment of an Arterial
Street Assistance Account. Roll Call vote: Reid, Hauck, Hagen, Wheeldon and Laws,
YES. Motion passed.
PUBLIC FORUM
Gary Miller/US West Communications/Reminded council that if the city has constituent
issues related to service, these issues should be referred to him. Confirmed their
responsibility to the citizens of Ashland and are back to their current level of service relating
to installation and repair. Pointed out that in 1996, they invested $2.5 million in the
infrastructure improvements in the city of Ashland.
UNFINISHED BUSINESS
1. Report on condition of Lantern Hill Subdivision off Granite Street (request by
John Sully).
• city Council Meeting 2 44-97 5
• Planning Director John McLaughlin submitted memo to council regarding a landslide which
deposited large amounts of material on Lantern Hill Drive and into the yard areas of
adjoining downslope properties. McLaughlin presented background of development on
Lantern Hill Development. He concluded that this was an unusual event related to the storm
event and the underlying geology of the hillside. From the research completed and report by
Mr. B.G. Hicks, consulting engineer geologist, it does not appear that the landslide is related
to the development.
McLaughlin reported on response from the owners of the property explaining that they are
doing some clean-up on the site and will begin the bank stabilization of the landslide area
about April 1, 1997.
McLaughlin clarified for council that the building envelopes were around 35% and under
current hillside development criteria, all development may not have been allowed.
2. Clarification of plan for replacement of sidewalks on Ashland Street.
City Attorney Paul Nolte reported to council regarding his conversation with Kirk Flagg,
Senior Trial Attorney for the Disability Rights Section, U.S. Department of Justice. Flagg
advised that the complaint had been filed over a year ago, but because of the backlog of
complaints, the Department of Justice was just beginning its investigation.
Nolte advised that council adopt original plan of the three-year plan to fix the sidewalks.
• Cate Hartzell/881 E Main/Frustrated that there was a lot of time put into this by citizens
and requested more time to find a solution. Discouraged that the council may decide to go
back to original plan.
Rick lAndt/PO Box 874/Submitted letter to council from Daryl Ackerman regarding plan to
protect the trees on Ashland Street. Felt there can be a solution to the problem, but all need
to come to the table. Felt the ad-hoc committee was left out of the loop.
Nolte clarified for council, that it is not necessary to make any further clarification on this
matter.
Councilor Reid stated that she would be happy to go ahead with the three year plan, bringing
those areas of the sidewalk that were in the worst repair up to ADA standards in the first
year. At the same time, look into the next two years and see how ADA requirements could
be met, and save trees.
Laws felt that the city should take a conservative approach and not increase the cities risk or
exposure. If referred back to the ad-hoc committee, Laws does not believe this would
happen. Would like to find a way to meet a middle ground where ADA standards are being
met and set a definite goal as to when it would be completed.
• cur C000a Meerioe 24.97 6
Council approved removing previously identified trees.
NEW & MISCELLANEOUS BUSINESS
1. Oral report of Councilor Reid on progress on Ashland/Talent/Phoenix water
intertie with Medford Water Commission.
Councilor Reid reported on what she referred to as, an insurance policy. That the state
mandate could be met requiring there be enough pressure at fire hydrants within the city of
Ashland and also as a back-up system in case of drought or flood. This was not looked at as
a total supply for the city. Explained that this would involve digging a ditch and putting a
pipe in from the Medford Water District to the city of Talent.
Reid explained what would be involved with the intertie with Medford Water Commission
and the issues surrounding water rights.
Paula Brown explained to council the estimated construction costs involved in the intertie
with Medford Water Commission.
Reid clarified that this not about growth issues, but fire protection and limited drinking
water.
Council discussion regarding location of pipe connecting with Talent and costs associated
with this.
• 2. Election of Council Member to Position No. 6 for term expiring December 31,
1998.
Councilor Wheeldon shared the questions that were presented to candidates for Council
Position No. 6 and responses by applicants.
Councilor Reid shared her perspective of history on how council positions have been filled
due to vacancies.
Councilor Reid nominated Alan DeBoer, Councilor Hagen nominated Jim Lewis and
Councilor Wheeldon nominated Cate Hartzel for Council Position No. 6.
Council vote for Council Position No. 6: Laws, Reid and Hauck: Alan DeBoer; Hagen:
Jim Lewis; and Wheeldon: Cate Hartzell. Alan DeBoer elected with majority of three
votes.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "an Ordinance Amending Chapter 2.41 of the
AMC to Reduce Contribution Limits by Political Committees and to Delete
Contribution and Spending Limits for City Measures."
Councilors Hauck/Laws m/s to approve Ordinance #2794. Roll Call vote: Hagen,
Wheeldon, Laws, Reid and Hauck, YES. Motion passed.
• cuy co"ncu rHeedng 2-"97 7
• 2. Second reading by title only of "an Ordinance amending Section 13.24.010 to
Establish a Heritage Street Name List for Naming or Renaming Streets."
Councilors Hagen/Laws m/s to approve Ordinance #2793. Roll Call vote: Wheeldon,
Laws, Reid, Hauck and Hagen, YES. Motion passed.
3. Second reading by title only of "an Ordinance expanding the season for Outdoor
Burning by Amending Section 10.30.020 of the Ashland Municipal Code."
Councilors Hagen/Hauck m/s to approve Ordinance #2795. Roll Call vote: Laws, Reid,
Hauck, Hagen and Wheeldon, YES. Motion passed.
4. First reading by title only of "an Ordinance Adopting a New Transportation
Element of the Ashland Comprehensive Plan and Repealing the Existing
Transportation Element."
Councilors Hauck/Hagen m/s to approve first reading and place on agenda for second
reading. Roll Call vote: Reid, Hauck, Hagen, Wheeldon and Laws, YES. Motion
passed.
5. Reading by title only of "a Resolution Prohibiting Water Connections Outside the
City Limits."
Moved to future agenda.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Wheeldon requested clarification on why the Emergency Operation Center meeting
was canceled. It was explained that the meeting was scheduled at the same time as a FEMA
meeting and was necessary to reschedule.
Wheeldon requested council to move quickly on the search for a new Public Works Director
and that a re-evaluation be considered by council to be clear in what direction they should be
taking. It was suggested that a special study session be held to discuss this matter.
ADJOURNMENT
Meeting adjourned at 9:33 p.m.
Barbara Christensen, City Recorder Cathenne M. Golden, Mayor
• City COnnal Mating 2#97 8