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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