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HomeMy WebLinkAbout04/23/2001 Work Session ;. ", " i . . MINUTES OF THE WORK SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, APRIL 23, 2001 The Springfield City Council met in Work Session at Springfield City Hall, 225 Fifth Street, Jesse Maine Meeting Room, on Monday, April 23, 2001, at 5:30 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, and Councilors Ballew, Fitch, Hatfield (arrived at 6 p.m.), Lundberg, Ralston and Simmons. Also present were City Manager Mike Kelly, City Attorney's Joe Leahy, Meg Kieran, and Tim Harold, City Recorder Kim Krebs, and members of staff. 1. City Attorney Evaluation and Contract. . Risk Manager Craig Gibons was present for the staff report. He said the fIrm of Harold, Leahy, and Kieran received high marks recently during the annual review of its performance of the city attorney duties. He said the review has two parts, one is the review and the other is the portion, which describes the replacement contract for the renewal of the annual contract with the firm. He provided some background information and said the City Attorney function reports directly to the City Council. He also said the city attorney's work is broken into two basic parts: 1) retainer based set of duties; and 2) fee based set of duties. He described the retainer duties as the general business advising and counsel. The fee-based duties are the exception duties such as lawsuits, the defenses, etc. He said the retainer-based duties are generally the predictable duties that can generally be planned and budgeted for. Mr. Gibons said there are three points of discussion: . The results ofthe annual performance evaluation (Chart 1); . The details ofthe current contract and the City Attorney usage (Chart 2); . Staff's proposal to renew the contract for the year beginning July 1, 2001. Mr. Gibons said Chart 2 reflects the three-year hourly trend, budgeted versus provided. He said the fIrm's budgeted hours have risen in the last two years in response to rising usage. The provided hours still surpassed the budgeted hours until this year. He said this year, provided hours have abruptly dropped to a projected level of 1,855 hours, which is 9% below the budgeted hours of2,040. He said the City Attorney's office provides a monthly report, which reflects the number of hours used. Mr. Gibons said the current contract calls for the City Attorney to provide 2,040 hours of retainer- based service annually. The total annual cost of the contract is $230,520. The cost is based on an hourly rate of$I13. Pursuant to the terms of the contract, the retainer payment remains the same regardless of the actual hours of work provided. If the hours of service provided exceed the budgeted number, then the firm ends up working at an effectively lower hourly rate for the year, or vice-versa. He said the budgeted hours are then adjusted in the following year to try to match the changing usage rate. . Mr. Gibons said the proposed terms of the renewal contract have been discussed with the City Attorney's office. He said staff has developed the following contract revisions for the FY 2002 contract. He said since the current usage trend is an abrupt reversal of the prior years' trend, the rvIinutes ofthe Springfield City Council Work Session - April 23, 2001 Page - 2 . City Attorney has agreed to a mid term retainer adjustment, similar to a check point, that will provide for a review and adjustment of the retainer should the trend continue. He highlighted the proposed terms: . Hourly Rate: Increase from $113 to $117 . Number of Hours: Remains constant at 2,040 annually . Retainer Cost: Increased from $230,520 to $238,680 . Check Point: After six months of actual experience, if the provided hours continue the low usage trend quantified in the current data, the contract retainer fee will be adjusted downward by a mutually agreeable number of hours. Mr. Gibons said this proposal is the result of evaluation results, data analysis, historical practices, and negotiations with the City Attorney. He said the proposal is within the proposed 2002 budget for this expenditure. There was discussion regarding the reasons why the increase and decrease in the number of hours over the past few years. After further discussion, council consensus was to go forward with the contract with the appropriate modifications as Mr. Gibons has highlighted, and revisit after six months. 2. Library District Study. . Library Director Bob Russell was present for the staff report. He said in September 1999, council accepted the report of the Springfield Public Library Long-Range Planning Committee. That report recommended that the city explore the idea of forming a library district, with boundaries co-terminus with those of the Springfield School District. He said after the defeat of the local operating levy in November, council asked the Library Director to prepare and present a report on the significant issues involved in a district formation. He said that report has been completed, and staff is seeking council approval to begin exploring this issue with the community, through the formation of a citizens' committee. v Mr. Russell said the report he has prepared provides an overview of library service levels, and points out some of the deficiencies that were identified in the long range plan; examine whether library funding might be stabilized and improved through the creation of a district, and also look at other possibilities not only of improving library service, but hope to target some additional resources for other city services. He said the report identifies the positives and negatives of creating a district, and suggested a possible method of continuing to explore the idea of creating a citizen's committee. Mr. Russell referred to Attachment a, page 4 of the report and said if the committee was appointed he sees the major tasks as establishing a working committee. The committee would begin gathering input from the public, and based on that input, developing a service proposal. This would include estimates of: . · The area to be served; . The assessed valuation of the area to be served; · Sources of potential revenue; . The anticipated level of services to be provided; Minutes of the Springfield City Council Work Session - April 23, 2001 Page - 3 . . The cost to provide these services; . Whether it is possible to complete all work in time to place a district election on the November 2002 ballot. (Creation of a district requires an amendment to the Metro Plan. This is a lengthy process, and may well preclude meeting the deadline for a November 2002 election). Mr. Russell said before proceeding any further, the committee would report back to the City Council with a created proposal that would include: . A description of the services to be performed by the proposed district; . A metes and bounds description; · An economic feasibility statement; . A proposed fIrst and third year budget; · A proposed permanent tax rate for the district; . The name of the proposed new district; · A resolution adopted by the Springfield City Council, approving the proposed district formation; · A proposed date for an election. (District elections may be held in Mayor November of even- numbered years). . Councilor Fitch said having been the council liaison with Mr. Russell she realizes how much time and effort has gone into the long range planning. She said she liked the defined purpose of his study, and that it is limited in scope, and there are many questions as to whether this would be feasible. She suggested involving a citizens advisory committee to evaluate whether this is feasible or not. Councilor Ralston asked how the Metro Plan relates to the formation of a Library District. Development Services Director Cynthia Pappas said the Metro Plan calls for the elimination of special service districts as much as possible rather than the creation of new districts, therefore when a new district is created; it requires an amendment to the Metro Plan. There was a discussion regarding the different approaches to expanding library services. After further discussion council consensus was to proceed with the development of a Citizen's Advisory Committee. They urged staff to solicit the help of citizens outside of the area, and one or two who don't use the library on a regular basis in order to get a candid opinion of what the reaction is from citizens in the outlying areas. There was discussion regarding the estimated size of the district. Mr. Russell said the response that came out of the Long Range Plan was using the boundaries of the School District, which are approximately 70,000 people. 3. Floodplain Development Practices. . Planning Manager Greg Mott was present for the staff report. He said the purpose of this work session was for council to discuss and provide direction regarding the current floodplain development policy, and whether council should reevaluate the current policy allowing fill and development of the floodplain within the City's Urban Growth Boundary (UGB). Minutes of the Springfield City Council Work Session - April 23, 2001 Page - 4 . Mr. Mott provided an explanation regarding the differences between floodplain and floodway. He said the entire 100-year floodplain is listed on the map he provided as an overhead reference. He said within the floodplain there is a flood way, however on the map that he referenced there was no distinction where exactly the floodway was. He said it is extremely rare that the floodway and the floodplain coincide at the same elevation. He said it is usually where there is a steep embankment that has the river captured. He said for the most part the floodplain extends out in a broad reach beyond where the floodway is. He said to his knowledge, the only part of the recognized delineated floodway that FEMA has inside the city limits in the northeastern corner of the campus industrial. Mr. Mott said the city's current insurance program that complies with the FEMA regulations applies to any property that is within the flood hazard zone, with the exception of the one area of property previously mentioned. He said there might be one circumstance in terms of floodway, which is the Willamette River at Island Park when a boat ramp was placed underneath the bridge. He said FEMA informed staff that was the floodway, which required Willamalane to perform a different type of an analysis in order to install the boat ramp. Councilor Ballew asked if the FEMA data provided was computer generated? Mr. Mott said he thinks FEMA contracts with CH2M Hill to provide them with a lot of the data referenced. He said a lot of this information is based upon the measurements of a certain volume of water passing through various metering locations. . Mr. Mott explained how that data is collected and calculated with the assistance of City Engineer Al Peroutka. Mr. Mott said floodplain development has come before the council on several previous occasions, but always as a unique aspect of this issue, never in the broader policy context. He said the council has heard reports on the extent and location of flood events (1996 and 1997); on city liability for flood damage in areas not included in the FEMA insurance program (1998); on the likelihood of regulations arising from the ESA 4( d) rule; and on the "zero" density value given to inventory sites in the Residential Lands Study (RLS) (1999). He said during the discussion on the RLS in 1999, council agreed to revisit the subject of floodplain development prior to RLS implementation. During this intervening period, a residential development in Thurston that was a part of the RLS inventory (and within the floodplain) was approved only after a mediated settlement with the adjoining neighborhood. One of the provisions of that settlement reiterated the council's agreement to review floodplain development. Mr. Mott said his staff has investigated and found other cities that allow floodplain development; those include Troutdale, Albany, Corvallis, Tualatin and Keizer. Their ordinances are quite similar to the city of Springfield's. He said the intent and purpose of all of the ordinances is: to 1) reduce flood damage and loss of life; 2) to minimize public and private losses due to flooding; and, to promote public health, safety and welfare and minimize public and private losses due to flood conditions. Each community achieves these objectives by allowing development in the floodplain, not prohibiting such a practice. . Mr. Mott said staff is requesting council direction with respect to continued floodplain development by one of the following options, or by an option identified by council. Minutes of the Springfield City Council Work Session - April 23, 2001 Page - 5 . I . Continue existing practice; update floodplain boundary based on new data; update development regulations based on ESA, CW A; return to Council for adoption. Costs include staff coordinating with property owners, FEMA, State and Feds (ESA), and survey crew. 2. Evaluate development and fill practices for cumulative effect to date, report findings to council for additional discussion or action. Costs include staff coordinating with property owners, FEMA, State and Feds (ESA, CW A), and reputable hydrologist. 3. Evaluate impacts if floodplain sites are removed from buildable lands inventories; residentia~ all zones; acquisition for park/wetland mitigation, ESA treatment, report findings to council for additional discussion/action. Costs include staff coordinating with property owners, Willamalane, FEMA, State and Feds (ESA, CWA), and land appraiser. 4. Propose revision to floodplain development that results in no net fill; that creates maximum fill percentage based on square footage. Costs include staff coordinating with property owners, FEMA, State and Feds (ESA, CWA), reputable hydrologist. . Mr. Mott said staff is engaged in a number of tasks directly related to development standards or site-specific projects within the floodplain of both rivers. The RLS places all inventory sites along the McKenzie River in an uncertain development status; the potential regulations of the ESA and CW A makes this status even murkier. Returning certainty to owners, neighbors and developers is an important reason to work towards resolving this issue. Mr. Mott provided a map as a handout titled "Impervious surface by storm water sub-basin with Eugene-Springfield Metro Area". He said the 1996 and 1997 flood data is reflected in this map. There was discussion about the different areas that were changed as a result of the flood in 1996. Mr. Mott provided another component to floodplain development that isn't as apparent; he handed out an additional map for council's review and explained those components. He said he just received some additional information regarding the work the interagency team is doing on the 4( d) rule. He said this is interested because the rivers are always going to be there, and from time to time they will flood. However, what is happening downstream primarily in the McKenzie, but also in the Willamette, is that the floodplain is shrinking. He said at the same time the urban surface water runoff is also running off there and trying to occupy the same river bed that the snow melt ot the rains is already occupying. He pointed out different areas on the handout that this is happening. Mr. Mott said based on the reality of those circumstances before council based on the fact that we have heard about lawsuits in some communities where flood damage occurred. He said staff does not have a clear understanding of the cumulative affect that has occurred. He said the item is being brought to council now, as there are a number of projects ongoing that will be cumulating the 4(d) Rule. He hopes those projects are resolved before the end of this calendar year. He said staff would also like to know where the City of Springfield stands on residential development, in order to provide some certainty. . Minutes of the Springfield City Council Work Session - April 23, 2001 Page - 6 . City Engineer Al Peroutka said the Clean Water Act is on a separate track than that of the 4(d) rule. Councilor Fitch said we have a UGB and it is important to try and stay within those boundaries, and trying not to expand it before it is necessary, therefore, if we want a UGB we have to allow growth within them. She spoke about financial institutions evaluating very carefully when they are doing refinances and new loans, and now there are a lot more people being required to have flood insurance than ever were in the past. She said she doesn't think we need to change what we are doing currently unless we are ready to expand the UGB. She does agree that we need to be alert and pay attention to what is happening with 4( d) and with some of the other components that may affect it. Councilor Lundberg said she wants to look at this more carefully. She said we do live in an area that is very wet, and we do live between two rivers. She said it is important for us because of where we are located to anticipate flooding to some degree. She said in terms of what we are going to do, it is important to look at the long range when making that determination. She said it is important to have some guidelines in place. She would prefer three of the options identified, 2, 3, and 4. She said she would recommend evaluating development, and fill practices, if the flood sites were removed in the land that is buildable, and then propose a revision to the floodplain development, which might result in a no net fill. . Mr. Mott provided information and said it is beyond the capacities of the Springfield staff to handle item #4. He said if council chose #4 that may require staff to staff to solicit help and assistance from some private frrms. The city is not staffed to deal with hydrological events such as this, and said FEMA has a process that can be followed to adjust the maps, and even they say you need the services of a qualified hydrologist to perform that kind of work. He said staff can do that, but it may be a few months to come back with a budget and work program. Councilor Ballew asked with all of the new federal regulations, can you or can you not use flood control channels? Anne said with all the federal regulations could we use flood control panels? Mr. Peroutka said part of the issue would be the health of the river system. He said you may be able to channel some parts ofthe river, and make the effort to keep the river within a certain area, but that is probably not the direction we are headed in light of the regulations we are being faced with. Councilor Simmons said the hydrological components are one thing; the biological components of the river are another. He said because of that he would favor option #2. He would suggest both Development Services staff and Public Works staff look at this in a comprehensive way. He said each of the team players is not at the table to participate in the discussion. He would suggest both departments look at the issue together by reviewing the components of the earthquakes, floods, and biological issues. He said working together to develop a process that addresses all the issues is the direction staff should take. There was discussion regarding the amount oftime needed to develop a work plan and time line. . City Manager Mike Kelly said another choice would be to allow staff to develop a report based on the consensus of council that would layout alternative work plans, and a basic approach. He said the question is whether or not we need to have a further review and evaluate in a more Minutes of the Springfield City Council Work Session - April 23, 2001 Page - 7 . comprehensive way with all the players, and be able to reach a conclusion on exactly how far we need to take this issue. After further discussion, council consensus was to have staff return after the council's summer recess with a work plan and report that includes: 1) product expected; 2) budget expected; and 3) expected outcome. ADJOURNMENT The meeting was adjourned at 7:10 p.m. ~ Minutes Recorder - Kim Krebs ~ Kim Krebs, City Recorder . .