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HomeMy WebLinkAbout08/16/2001 Work Session #' " City of Springfield Work Session Meeting . MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD THURSDAY, AUGUST 16,2001 The city of Springfield council met in work session in the Jesse Maine Room, 225 Fifth Street, Springfield, Oregon, on Thursday, August 16,2001, at 5: 15 p.m., with Council President Hatfield presiding. ATTENDANCE Present were Councilors Ballew, Fitch, Hatfield, Lundberg and Simmons. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, Administrative Coordinator Julie Wilson and members of the staff. Absent were Mayor Leiken and Councilor Ralston (excused). 1. Review of Proposed 2001 Charter. City Attorney Joe Leahy presented the staff report on this item. Mr. Leahy thanked participants for efforts related to the charter review project. He provided council with a revised copy ofthe "version I" document. The Springfield City Charter was fIrst created in 1893. It has been amended by the voters of the city of Springfield on several occasions and has been the subject of several comprehensive reviews that were not presented to the voters. The City 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. The current charter imposes a $500 limit on fines. . The Council can submit a charter amendment to the voters that addresses the fine issues or it can place a revised charter before the voters of SpringfIeld. At its meeting of May 29,2001, the Council directed that a Charter Committee be created to review the 2001 City Charter. Members ofthe Charter Committee were Anne Ballew, Ed Harms and John McCulley, and city of Springfield staff. Steve Loveland, General Manager and Mary Ann Rhodes, Director Customer Service and Marketing of the Springfield Utility Board, participated at various times either directly or indirectly with the committee. The Committee met six times and its recommending that the Council proceed with placing the 200 I Charter before the voters in November. Two versions of the Charter are being presented to the Council. The differences between the two versions pertain to the chapter concerning the Utility Board. The Council Briefing Memorandum discusses the differences between the Version I and Version II document. In order to place the 2001 City Charter before the voters in November, the Council must adopt an ordinance (with an emergency clause) and a resolution calling for the election not later than September 6, 2001. A regular meeting is presently scheduled for August 27,2001 in order to make the September 6,2001 filing deadline. . At this time, it is estimated that participation in the November election will cost $25,000 to $40,000. This amount could be lower if other jurisdictions place items on the November ballot. Adequate funds are available in the City Manager's OffIce and Public Works Department budgets. Mr. Leahy discussed version I and II. He also noted that version III was not included for review but would simply amend the Charter to comply with the requirements of State of Oregon DEQ regarding maximum penalty or fine to comply with DEQ/EP A Grants. . Work Ses'Sion Meeting - Minutes August 16, 200 I Page 2 . . Mr. Leahy discussed the process used to review the Charter. Mr. Leahy reviewed the general grant of powers and discussed the unique perspective of a general grant of powers. This included eight items. See Attachment D of the agenda packet for specific information on the eight items. Mr. Leahy reviewed issues related to the Springfield Utility Board (SUB). SUB General Manager Steve Loveland was available to answer questions of Council. Assistant City Manager Gino Grimaldi provided a handout regarding the proposed Charter revisions. Mr. Kelly discussed issues related to SUB's use of public ways and the payments to the city by SUB for use of public way and/or payment in-lieu-of taxes. Mr. Kelly discussed concerns related to version I ofthe proposed Charter as follows: o Proposed language prohibits the city from charging for use of public ways except for payment of an in-lieu-of license fee for telecommunication services. o SUB has proved notice that it intends to terminate current agreement regarding payment in-lieu-of taxes. o Existing Charter authorizes SUB to make a payment in-lieu of taxes. Version I also contains authorization to establish a procedure for attempting to resolve differences between SUB and the city regarding the amount of a payment in-lieu-oftaxes. o Should the city and SUB fail to reach an agreement regarding payment in-lieu-oftaxes, SUB might argue that, at termination of existing payment in-lieu-of taxes, within limits of the law, it could unilaterally establish amount of the payment in-lieu-of taxes. . Steve Loveland discussed services SUB provides to the city free of charge and indicated that SUB does always pay the in-lieu-ofpayments. Mike Kelly discussed language contained in the version I document regarding SUB in-lieu-ofpayments. It was suggested that language was added indicating that in-lieu-of tax payment amount(s) could be decided by arbitration or mediation, or have a third party resolve/mediate, if required. Councilor Fitch supported version 2. At a future date/time continued discussion should be held on Chapter 11. Councilor Hatfield supported version 2. He suggested, at some point in the future, an intergovernmental agreement be created to address concerns raised. Councilor Simmons said version II would be appropriate to refer to the voters. He said two versions should be brought before the voters. One version would propose retaining enumerated powers, increasing fees as appropriate and offer the revised version as a second option. He further discussed enumerated powers, home rule, regulations, and the benefits of an enumerated powers charter. He again sated the voters should be provided with two options for consideration. Councilor Ballew said whatever council decides upon, the option needs to be placed before voters to amend the fine structure. Councilor Ballew's reference was related to the Environmental Protection Agency regulations that require the city to have the ability to levy fines for industrial pretreatment violations of at least $1,000 per day. The current charter imposes a $500 limit on fines. . The Department of Environmental Quality inspects city pre-treatment programs every year. The issue of fine limits was brought to the attention of the city following a May audit. Work Session Meeting - Minutes August 16, 200 I Page 3 . Joe Leahy discussed pre-emption that the state may exercise. This would also apply for federal regulations/law. He discussed section 71 of the charter and clarified that this section is not a "catch all" section. He said this does not mean the city can do anything it wants to do. Charter Review Committee Member Ed Harms provided historical information regarding the replacement of the 108- year-old charter. He said the Oregon State Legislature adopted the charter, and it was not formally adopted by the voters. He explained that amendments were approved by the voters. In 1893 a process was established for city incorporation. He said every city tried to get charters amended in 1893. The general powers have existed (in law) for many years. The general incorporation law (1941) has a general grant of powers. He discussed an interpretation of a 1941 incorporation act (see ORS) and gave broad powers. Councilor Lundberg supported version two. She did not support sending more than one option to the voters. Councilor Lundberg asked about item #3 and briefly discussed the fact that the Mayor and Council president decide things such as timing of agendas, when and where, etc. Staff provided information regarding the council operating policies and the checks and balances offered through the policy document. Council routinely reviews the council policies and can amend them, as required, through the standard process. Council discussed the importance of an education/information campaign. Ed Harms was thanked for his leadership in this process. Version 2 will be brought before the voters. . ADJOURNMENT The meeting was adjourned at approximately 7: 15 p.m. (' Minutes Recorder - Julie Wilson ~~ Kim Krebs City Recorder .