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Home My WebLink About02/18/2014 RegularCity of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD TUESDAY, FEBRUARY 18, 2014 The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Tuesday, February 18, 2014 at 7:01 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie (by conference phone), Moore, Ralston, Woodrow and Brew. Also present were City Manager Gino Grimaldi, Finance Director Bob Duey, City Attorney Lauren King, City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. SPRINGFIELD UPBEAT CONSENT CALENDAR 1. Claims a. Approval of January 2014 Disbursements for Approval 2. Minutes a. January 27, 2014 —Work Session b. February 4, 2014 — JEO Public Hearing 3. Resolutions 4. Ordinances a. ORDINANCE NO. 6310—AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE GLENWOOD WATER DISTRICT. 5. Other Routine Matters IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR RALSTON TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ITEMS REMOVED PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. City of Springfield Council Regular Meeting Minutes February 18, 2014 Page 2 1. Telecommunications Business License Tax. ORDINANCE NO. 2 — AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION 4.600 "DEFINITIONS" TO ADD /AMEND DEFINITIONS TO TELECOMMUNICATION BUSINESS LICENSE TAX, AND AMENDING SECTION 4.706 "FEES FOR USE OF PUBLIC WAYS ", SECTION 4.712 "REGULATORY FEES AND COMPENSATION NOT A TAX ", SECTION 4.714 "PENALTIES AND INTEREST FOR LATE PAYMENT ", AND SECTION 4.716 "AUDITS ", AND ADOPTING A SEVERABILITY CLAUSE. Development and Public Works Department Director Len Goodwin presented the staff report on this item. Currently, under Springfield City Code, a telecommunications company with facilities in the City's right -of -way pays a fee for use of the right -of -way. Other cities charged utilities a franchise fee or a business license fee. Incumbent Local Exchange Carriers (ILEC), companies leftover from the break -up of the Bell monopoly in the 1980s, were taxed differently from other utilities creating a disparity in the market. Under State statute, cities were limited to charging ILECs 7% on the revenue from local exchange service for use of a city's right of way. "Local Exchange Service" revenue was only that revenue that resulted from the dial tone access charge, approximately $12.60 per month. Revenue generated from the other telecommunication services —such as cellular backhaul, voicemail, call forwarding, caller identification, call waiting, and other modern amenities —were not calculated as a part of the 7% fee. In contrast to ILEC, other utilities (such as Comcast) were charged a fee of 5% of gross revenue essentially all of the revenue the company earns. CenturyLink, the local ILEC, paid the City seven percent of the local exchange charge (that charge was about $12.60 a month per customer). On the other hand, Comcast, CenturyLink's principal competitor in Springfield, paid based on five percent of the total bill (about $65 per month per customer). At a work session on February 10, 2014, staff reviewed an alternative approach which would change the right -of -way user fee from a fee for using the right -of -way to a tax on doing business. The tax would not be subject to the State limitation. No change was proposed for the rate — currently five percent of gross revenue. Mayor Lundberg opened the public hearing. I. Tim Goodman. Director of Government Affairs, Comcast Beaverton OR. Mr. Goodman thanked the Council for the opportunity to speak on this subject. He was here on behalf of Comcast and in place of Sanford Inouye who had recently retired from Comcast. Comcast felt the ordinance brought parity to the tax situation among telecom companies and was fully supportive of the proposed ordinance. Mayor Lundberg closed the public hearing. NO ACTION REQUESTED. FIRST READING ONLY. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE City of Springfield Council Regular Meeting Minutes February 18, 2014 Page 3 CORRESPONDENCE AND PETITIONS BIDS ORDINANCES 1. Ordinance Amending Springfield Municipal Code 6.060. ORDINANCE NO. 3 —AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE 6.060 BY ADDING AUTHORIZATION FOR THE CITY TO ENTER INTO AN AGREEMENT WITH PRIVATE, PUBLIC OR NON - PROFIT PARKING ENFORCEMENT SERVICE PROVIDERS (FIRST READING) Senior Management Analyst Courtney Griesel presented the staff report on this item. The current Springfield Municipal Code language limited the enforcement of parking violations to police department personnel only. In an effort to expand opportunities and efficiencies in parking enforcement and program management, staff was proposing the attached amendment to Chapter 6.060 which would allow the City to contract with certified parking enforcement service providers. On January 6, staff brought amendments to Springfield Municipal Code Section 6.060 to Council for a first reading. The Springfield Municipal Code currently stated the Police Department shall enforce parking within Springfield. This code language did not allow the City to contract or partner with other parking enforcement service providers, which limited opportunities for partnerships, potential cost savings, and improved service delivery. Following the January 6 first reading, it was brought to staffs attention that the code as amended excluded the possibility of partnering with another public entity to provide enforcements services. The amended ordinance highlighted additional language to be added which would allow the City to contract with a public entity in addition to a private or non -profit organization. Council was asked to adopt the proposed ordinance in order to allow for the opportunity to contract with certified parking enforcement service providers for the enforcement of parking violations as outlined in sections 6.005 to 6.075. No immediate fiscal impact was anticipated. Mayor Lundberg said she liked the idea that this provided additional options. A concern was that there would be a dramatic change to parking which would have people upset since there would be enforcement. She was pleased they were making this change. NO ACTION REQUESTED. FIRST READING ONLY. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council City of Springfield Council Regular Meeting Minutes February 18, 2014 Page 4 a. Committee Reports 1. Councilor Moore noted that Christina Payne was the new Executive Director of Lane Workforce Partnership (LWP). Ms. Payne's first meeting was this month and Councilor Moore felt she was doing a great job. There were a lot of changes coming in the future for LWP. 2. Councilor Woodrow gave kudos to Springfield's Animal Control. A dog was reported missing in Springfield and was posted on FaceBook. Councilor Woodrow reported it to Brian Austin, Animal Control Officer, who had found the dog. The owner and dog were reunited within 20 minutes of that phone call. Brian Austin has done an excellent job staying on top of that and using social media to facilitate the process. 3. Councilor Wylie said she was having a wonderful vacation in the sunshine. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 7:15 p.m. Minutes Recorder Amy Sowa 77 Christine L. Lundberg Mayor Attest sn � p-_, �,� �i7 8 r k City Recor r