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HomeMy WebLinkAbout08/27/2001 Regular . . . -, "7 ~ ., MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL' HELD ON MONDAY, AUGUST 27,2001 The Springfield City Council met in a Special Regular Session at Springfield City Hall, Jesse Maine Meeting Room, on Monday, August 27,2001, at 5:30 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, and Councilors Ballew, Fitch, Hatfield, Lundberg, and Simmons. Councilor Ralston was absent (excused). Also present were Assistant City Manager Gino Grimaldi, City Recorder Kim Krebs, City Attorney Joe Leahy, City Attorney Tim Harold, and members of the staff. BUSINESS FROM THE CITY MANAGER 1. 200 I Springfield City Charter Election. ORDINANCE NO. 5989 - AN ORDINANCE CALLING AN ELECTION FOR SUBMITTING TO THE ELECTORS OF THE CITY OF SPRINGFIELD. OREGON. AT THE GENERAL ELECTION TO BE HELD ON THE 6TH DAY OF NOVEMBER. 2001. THE FOLLOWING PROPOSED REVISED CHARTER OF THE CITY OF SPRINGFIELD. TO BE ENTITLED "THE 2001 SPRINGFIELD CITY CHARTER". REFERRED TO THE ELECTORS OF SAID CITY BY THE COMMON COUNCIL FOR THEIR APPROVAL OR REJECTION. PROVIDING FOR THE USE OF THE SAME ELECTION PROCESS AS SHALL BE USED IN THE GENERAL ELECTION. AND ALL ACTS NECESSARY FOR CARRYING ON SAID ELECTION. AND DECLARING AN EMERGENCY. RESOLUTION NO.OI-54 - A RESOLUTION CALLING FOR AN ELECTION ON A PROPOSED REVISED CITY CHARTER TO BE HELD ON TUESDAY. NOVEMBER 6.' 200 I. AND SETTING FOR A BALLOT TITLE. Assistant City Manager Gino Grimaldi and City Attorney Joe Leahy were present for the staff' report. Mr. Leahy said at the previous work session of the Council, and in the staff report that accompanies the Agenda Item Summary (AIS) highlights the information. He said he would like to recommend one change in the Ordinance language, and that change is the deletion of Section 50 One Mill Levy, (Attachment B page 28), and also to renumber Sections 52 - 55 to be numbered 50 - 54. Mr. Leahy said the reason for the deletion of Section 50, is 1) Councilor Simmons had some concerns about whether this section triggered the need for a majority. He said he spoke to the Secretary of States Office, and to Bob Duey, Finance Director for the City, and they both concur that the deletion of this section is of no consequence, because it has no effect on anything. Mr. Duey explained the differences in the language before and after Measure 50. Councilor Simmons explained why he had a concern with the language in Section 50, and he does not think it has a significant impact. Mr. Leahy said he would also recommend a change in wording on the Ballot Title, instead of the Environmental Quality Commission; insert the words Department of Environmental Quality. (Attachment B, page 30). ,. I Minutes of the Springfield City Council Regular Session - August 27, 2001 Page - 2 . Councilor Simmons said the code is clear that the City needs to have the authority to seek and fine. There is a compounding issue that if the Charter is passed, that doesn't mean you have a legal right to impose a fme. He said if a hearing is requested it appears the charter would need to be adopted first, and then the pre-treatment program would need modified later, but it becomes a substantial modification of the pre-treatment program. He said City Prosecutor Dave Logan is signed on as a Deputy District Attorney (DA) with the authority of the DA. He said a tentative solution is on the books currently, and it may not meet the federal test. He said to use the DEQ language as an exclusive reason and justification to change the Charter is shallow in the discussion portion. Mr. Leahy said Councilor Simmons might be correct. He said over the last three months the Department of Environmental Quality (DEQ) has had ongoing discussions with the City Attorney's Office, and has been very aggressive in pushing the order that finds the City in violation. He said he has resisted by telling the DEQ the City is making an effort to change the language. He said the DEQ has wanted the City to stipulate that they have been in violation in the language of the order, and he has refused to do that. Mr. Leahy and Councilor Simmons discussed issues related to the DEQ. . Mr. Leahy said he has received direction from Dan Brown, Public Works Director, and Susie Smith, Environmental Services Manager that these changes need to be made in order for their program to be in compliance with the DEQ. He said they have had discussions about the Order, and he has refused to sign it because he did not want an Order to be filed against the City that reflects the City is not in compliance. Councilor Lundberg said she is supportive of taking this proposed Charter to the citizens of Springfield at the November 6th, 2001 election. She said there have been many comprehensive reviews by more than one committee, and there are many other revisions that need to be made, and it is time to carry it forward. There was discussion regarding the language in the proposed Ballot Title. Councilor Hatfield said our current Charter is from the 19th Century, and it is now time to bring it into the 21 st Century. There was discussion about the need to educate and inform the voters. City Attorney Tim Harold said the office ofthe City Attorney can only tap dance for so long in order to find the authorities under the enumerated powers language. Mr. Leahy said it probably makes clear some of the areas where we have been operating in the 20th and 21 st century the kinds of things that cities do, that may not be specifically enumerated. He said the city has an enumerated list from 1893 and also a savings clause at the end of that section that limits it to the enumerated list. He said there are some things that the Council has discussed before, that makes clear the authority like lobbying, economic development, acquire property for economic development purposes, and there are many more. He said it is a reality in this century that is different than the circumstances in 1893. . . . . \ I i Minutes of the Springfield City Council Regular Session - August 27, 200 I Page - 3 Councilor Simmons said he understands what Mr. Leahy is saying, but he still stands as opposed to the change unless there is a clear and prevailing statement. Councilor Ballew said it is important to look at the positive side relative to the specifics; there are things in the Charter, which are unrealistic. She said there are limitations in the current charter language. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT ORDINANCE NO. 5989. THE MOTION PASSED WITH A VOTE OF 4 IN FAVOR AND 1 AGAINST (SIMMONS). IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT RESOLUTION NO. 01-54. THE MOTION PASSED WITH A VOTE OF 4 IN FAVOR AND 1 AGAINST (SIMMONS). ADJOURNMENT , The meeting was adjourned at 5:55 p.m. ~:. Minutes Recorder - Kim Krebs