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HomeMy WebLinkAbout05/29/2001 Work Session . MINUTES OF THE WORK SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, MAY 29,2001 The Springfield City Council met in Work Session at Springfield City Hall, Jesse Maine Meeting Room, 225 Fifth Street, Springfield, at 5:30 p.m., with Councilor Fitch presiding. ATTENDANCE Present were Councilors Ballew, Fitch, Hatfield (arrived 5:50 p.m.), Ralston, and Simmons. Mayor Leiken and Councilor Lundberg were absent (excused). Also present were City Manager Mike Kelly, City Recorder Kim Krebs, City Attorney Joe Leahy, Police Chief Jerry Smith, and members of staff. 1. City Charter Review. City Attorney Joe Leahy was present for the staff report. He said the purpose ofthe work session was to obtain direction from the Council regarding updating the City Charter and a possible Charter Election. He said hopefully this would be the first installment of Springfield moving forward with the goal of a Charter for the 21st Century. He thanked the members of the council for their continued enthusiasm and energy they have directed towards this item over the last year, at least the interest in keeping this alive. Specifically, Councilor Ballew has taken the point on this, as well as staff Gino Grimaldi, Kim Krebs, Julie Wilson and Eileen Stein, who over the past 8-10 years have kept the torch alive with respect to the Charter Amendment. . Mr. Leahy said the Charter that is in the Springfield Municipal Code is not a 1955 Charter. It does date back to the 1955 Code, but the 1955 Code was a codification at that time of previous language. He said the language that was codified dates back to 1893. He said there is language in our existing Charter that dates back to the 19th Century. He highlighted some examples ofthat: . Reference to council men; · Reference to the City Manager and Judge as a presumption of being a male; · References to the City Recorder and City Treasurer that are no longer needed as inclusion in the Charter; . There are a variety of enumerated powers, that includes 19th Century items such as: · Regulating slaughter houses; . The use of candles; · Prescribing the mode of hanging doors; · Regulating the speed of railroad through the city; · Prevent fast and furious riding on the streets; · Regulating tricycle~; . Harvesting headers or reapers; . Licensing of tickling houses; . Defining common drunkards; · Prohibit the running of opium houses; · Provide for support, restraint and punishment and vagrancy of paupers; . Prohibit the keeping of stallions; · Fix the rates of street cars and bus lines; . Regulate weights and measures; Minutes of the Springfield City Council May 29,2001 - Work Session Page - 2 . . Borrow money not to exceed an aggregate of $500.00; . Suppress all offensive trades and occupations; . Restrain theatricals and other exhibitionists; . Regulate the driving of stock through the streets; and . Prevent deformed or crippled persons from begging. He said these are some ofthe items that are in our Charter today, that a new Charter would not necessary include. Mr. Leahy directed council to the Agenda Item Summary that listed the several options for council to consider, and one ofthe recommendations was to only alter the debt limitation; however, that would still leave the City with a 19th Century Charter. He said another recommendation would be to do some type of selective correction using the format for the existing Charter. He said his office has looked at that option and would not recommend it. He said at this time the Charter must be amended in order to maintain compliance with federal industrial pretreatment regulations. Those regulations require the city to levy fines of at least $1,000 per day per violation, however the current Charter imposes a $500 limit on fines. He said there are also recommendations from the Police Chief, City Prosecutor, and Municipal Court Judge with respect to being able to impose some higher fmes. He said additional language would need to be added as it relates to if the council receives a majority of the votes in May then they would not have to stand in the general election in November. He said the referenced to Measure 20-08 must also be deleted, as judicial holding and State Law have eliminated it. . Mr. Leahy said what the proposed Charter does not do, is to change the existing law and remonstrance, which will remain in effect. It does not change the power of the City to create and incur general obligation indebtedness without the vote ()f the people. It would not change the requirement for the need of a vote of the people for Urban Renewal, and it does add a council policy limitation regarding Bancroft Assessment Financing. He said there would be no change in the relationship with the Springfield Utility Board (SUB), except for one area that needs some clarification. Mr. Leahy introduced Ed Harms who was present, and said he was not present in an attorney capacity, but is here in the capacity of a resource person, and someone who has been active in reviewing the Charter since 1955. Mr. Leahy said it is the City Attorney's recommendation that the Council constitute a committee that consists of council members, members from the City Attorney's office, resource person Ed Harms, City Recorder Kim Krebs, a representative from the City Manager's Office, and anyone else that the Council deems necessary, and come back with either recommendations to the Council, or schedule a series of work sessions to review the Charter. Those recommendations can then be brought back to Council for approval and possible presentation to the voters. There was discussion as to whether or not another committee was needed to accomplish this task. . Mr. Harms said there were earlier committees that performed a lot of work in reviewing and evaluating the Charter, and referred Council to the binder in the handout. He said it is simply a policy decision whether the Council feels it needs additional review. He said it depends on how council would want the publIC input obtained. He said he would recommendation the development of a small committee. He highlighted the previous committee members. Minutes of the Springfield City Council May 29,2001 - Work Session Page - 3 . Councilor Fitch said there is a time line issue that needs to be considered in order to meet the DEQ issue. She said the November 6 election date appears to be the target date. Keeping that date in mind, the deadline for filing is September 6. She said a quick review must be done, and brought back to council for another work session in order to give them time to decide whether or not to take to the voters. Councilor Ballew said as a member of the Council, she would be willing to work on the committee. Councilor Simmons said it is important to be very clear why we are making these recommendations and proposed changes to the Charter, if and when we take this to the vote ofthe citizens. He said he is in favor of altering the limit on the fines for a fundamental purpose, however he would like to hear more in the process of why we cannot use the Federal authority to fine. He said it is also important to clarify that we are not changing the remonstrance, and not changing the need for voter approval for taxation, and issues such as that. Councilor Hatfield arrived at 5:50 p.m. Council consensus was to proceed with the development of a small committee that would consist of Ed Harms, Joe Leahy or his representative, City Recorder Kim Krebs, a representative from the City Manager's office, and possibly John McCulley. City Manager Mike Kelly suggested a 60 day turnaround time where the Committee could come back with a recommendation back to the Council. . Mr. Leahy said he has been in communication with Steve Loveland at SUB, and agreed to keep him informed on the issues that relate to SUB. 2. Discussion of a Potential .5% Increase in Transient Room Tax starting in FY 2001-2002. Development Services Director Cynthia Pappas was present for the staff report. She said John Tamulonis was slated to present this item, but was ill. She said this was a continued discussion whether or not the TRT should be increased by .5%. She said in March, the City Council met in Work Session, and directed staff to come back with information after meeting with the Convention & Visitors Association of Lane County (CV ALCO), and the members of the Lodging Association. She said Mr. Tamulonis and Gino Grimaldi met with several hoteliers who are present in the audience. She said the reason this item is back before council is because the potential.5% TRT increase might raise an additional $69,000 in the first year, is already in the budget projections for balancing the budget for the next fiscal year. Councilor Hatfield said in the attached copy ofthe letter from CV ALCO, it mentions an Intergovernmental Agreement (IGA) with Eugene and Lane County that stipulates that future room tax increase by any of the three jurisdictions would be for tourism related purposes. He asked if the City was part of that agreement. Ms. Pappas said she did not know, but could find out. . After discussion, it was agreed that staff would return to council at it's June 4th meeting with information on past impacts of raising the Room Tax and as well as any impacts of the IGA that Minutes ofthe Springfield City Council May 29,2001- Work Session Page - 4 . is mentioned in the CV ALCO letter. It was agreed that a vote would be held offuntil the next meeting to allow staff to bring back the items mentioned, and to allow those citizens who wish, an opportunity to testify at the next regular meeting. 3. Animal Shelter Contract. Police Chief Jerry Smith was present for the staff report. He said the purpose of this work session was to discuss whether the City of Springfield should enter into a contractual arrangement with Greenhill Humane Society or Lane County Animal Regulation Authority (LCARA) for Animal Shelter Services. He referred council to the proposed Contract's attached to the Agenda Item Summary (AIS). Chief Smith said the latest contract with Greenhill expired on June 30, 1999. The city of Springfield has continued to use the services of Greenhill under the same conditions and costs as described in the expired contract. While we have been unsuccessful in negotiating a new contract for several months, the last offer from Greenhill called for an increase from $1,811.68 per month to $2,500.00 per month with additional changes in certain circumstances. He said that LCARA has proposed a contract to provide shelter services for the City of Springfield. The proposal includes comparable services as those received by Greenhill for the same amount of $2,5000.00 per month. Chief Smith said staff recommends entering into an IGA with LCARA on a ftxed cost basis. . Anne said with the success of our animal control program over the years, hopefully we are reducing the amount of population. After further discussion, council consensus was to proceed with the Chiefs recommendation. 4. Springfield Mill Race: Project Update and Flow Conditions. Maintenance Manager Ed Black was present for the staff report. He said the purpose of the work session was to provide a brief history and background surrounding this situation, and to also obtain some guidance from the City Council as it relates to the expected drought conditions this summer. He said the U. S. Army Corp of Engineers (Corps) is scheduled to complete Phase II (Feasibility Study) of the Mill Race Project this September. He said preliminary findings appear to support advancing to the design and construction phases. Due to extraordinary climatological conditions and changes in the streambed conditions ofthe middle Fork of the Willamette River adjacent to the Mill Race inlet, unprecedented low flows in the Springfield Mill Race are anticipated for this summer. He said this condition would present a variety of challenges to the City, as well as others who depend on Mill Race water. Mr. Black referred council to Attachment A, and highlighted the information outlined in the Council Briefing Memorandum. . Mr. Black said since the City of Springfield received ownership of2/3 of the Mill Race, and 2/3 of the Mill Pond, there have been multiple management objectives. He said staff has made every effort to be a good steward for the Mill Race, and is looking at this as a valuable resource to the public. He said they have also tried to be a good neighbor in attempting to keep water in the Mill Race at City expense, in order to allow those people who depend upon the Mill Race for their Mmutes of the Springfield City Council May 29,2001- Work Session Page - 5 . water would have water. He said staff has made a reasonable effort to accomplish this. Mr. Black said historically water from the Mill Race has been withdrawn for industrial, agricultural and municipal uses. Some of the users are withdrawing water under valid water rights or un- adjudicated pre-I 090 claims. Other users appear to be withdrawing water without the rights to do. Letters have been sent to all know users of Mill Race water requesting compliance with their water rights permit or claim, or to cease withdrawal if they do not have a valid water rights. Guidance from City Attorney Joe Leahy, and City Manager Mike Kelly has been sought throughout this process. Mr. Black asked for guidance on two separate issues: . Should the City continue to work directly with those who appear to be removing water from the Mill Race without the rights to do so, or should we refer the matter to the State Water Master; and . Should the City use public funds to pursue temporarily pumping water into the Mill Race? Mr. Black said the Corps has a very complex process of determining the amount of water to be released, and said it may be likely that they release more than the minimum as discussed earlier. He said on a daily basis he checks the water release amounts. Councilor Hatfield asked if having water rights gives us the right to proceed with setting up some type of siphon in the river to pump water into the Mill Race. . Mr. Black said there is a process that must be followed to accomplish this. He said there was legislation that was passed that Weyerhaeuser followed to relocate their intake, and the same process could be followed for this purpose. There was discussion about the different intake structures necessary; and the fact that this is not the only cost involved. There would be the legal cost as well as the technical infrastructure cost to buy the needed equipment. Councilor Hatfield asked if staff knew how much the equipment might cost? Mr. Black said in addition to the cost of the equipment, we would need to have a professional evaluate the issue and take a look at this. He said he would estimate approximately 10 - 15 thousand for this service. Mr. Black said staff has made a claim for a 150 cfs, and he estimates if we could pump approximately 10 - IS that would match what has typically happened during low flows in past summers. Councilor Ballew asked if we had an obligation to maintain a certain flow as a condition of receiving the property from Georgia-Pacific? . Mr. Leahy said the obligation is governed by the rule of reason. He said it does not require the City to take heroic financial means. He said at the time we entered into that agreement, there was sufficient flow in the river, and there was also the mechanism for securing that flow with machinery operated by Georgia-Pacific in the middle of the river. He said times have changed Mmutes of the Springfield City Council May 29, 2001 - Work Session Page - 6 . since then, and it is reasonable to expect that we would have to take some measures to try and assure the water flow, but not at the extent of heroic fmancial means. Councilor Ballew said having read the letters to the various property owners, and taking into consideration that staff has gone to the extent of determining who has actual water rights, the most she would be willing to do is a second notification. She said the City has already been a good neighbor in advising them of what to expect; they have been advised and informed. Coundlor Simmons said he understands that the City owns the Mill Race, but asked ifthe City owns the water? Mr. Leahy said no we do not own the water. Councilor Simmons said based on that, it might be in the year 2050 that the local water rights would be resolved. He said the State Water Master is the one who is responsible for the diversion of surface waters in that process. He said we have informed the users of their obligation, and the City should now refer the questions to the State Water Master. He said the City has a responsibility to the community; Springfield Utility Board (SUB) has the distribution system to follow. He said he doesn't believe the water at the Mill Pond needs to go dry. Bottom line water needs to be in the Mill Race for biological and water resource purposes, and said a reasonable pumping process is well within our authority. . There was discussion as it relates to gravity flow and the elevation and differential grade of the water level in the Mill Race. Councilor Ralston said it is important to have water flow, but due to the limited funding issues, that should be minimized as much as possible. He asked how much water the other five property owner's use, and wondered if there was any way to measure that amount? Mr. Leahy said staff does not know how much water is being used, and said the question is how much time and effort should staff put into an area of regulation that we are not responsible for. He said if the property owner has a pump in the river, and it effects the City, then they are probably in violation of the state requirements. He said before any money is spent to maintain the flow, it would be best to determine if we are maintaining the flow for those property owners who have the right. Mr. Black said there are users who have access to another water supply, and it may just be a matter of economics. Mr. Leahy said there might be a potential that the Governor may be able to declare a drought. If that is done, then there is an automatic priority. He said the fIrst priority is residential use; and second priority is agricultural use. He said these are all questions that should be submitted to the State Water Master. Councilor Fitch asked ifthe State Water Master was sent copies of the letters mailed to the known users? . Minutes of the Springfield City Council May 29,2001- Work Session Page - 7 . Mr. Black said no, he has had informal communication with the State Water Master that there may be a problem; but he did not want to turn over any names until Council provided direction to staff to do so. Councilor Fitch said in that case her recommendation would be to send them a second warning letter, and since we do not have jurisdiction, it is time to turn them over to the State Water Master, this is their area of authority. There was discussion regarding the conditions of SUB's recharge on their well fields, and the fact that SUB has the infrastructure to pump into the well fields. Mr. Leahy said SUB was instrumental in helping to obtain the 160-water flow right that the City has requested, as that includes SUB. He said there is an affidavit in the application packet that details the historic use of the Mill Race for water for residential purposes. He said that is included and is part of the request. Councilor Ballew asked if the City did not try to maintain water in the Mill Race, would there come a point in time where it may be adjudicated, would that be a weakness to our case? Mr. Leahy said he did not know the answer to that, and before he answered it on the record, he would want to talk to the attorney that was the expert in this area. Mr. Black said he thought if the water is not used for a period of five years, it is considered abandoned. . After discussion council consensus and direction to staff was have them prepare a report to council that would include information on the pumping costs, to get additional water into the Mill Race. Council said they would like to see staff develop a budget estimate, and pumping alternatives. It was suggested that staff look into the possibility of partnering with SUB since they already have the infrastructure. Public Works Director Dan Brown said in addition to providing council with the information on the cost and time frame, staff will also check on the likelihood of receiving permits. Council also directed staff to keep the neighbors informed, send a second letter to the users, and turn over to the State Water Master. ADJOURNMENT The meeting was adjourned at 6:45 p.m. Minutes Recorder - Kim Krebs ~~.. . A~~ Kim Krebs~ City Recorder Councilor Tammy Fitch Presiding Officer