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HomeMy WebLinkAbout10/20/1997 Regular I, . . . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, OCTOBER 20, 1997 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, October 20, 1997, at 7:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Ballew, Beyer, Burge, Dahlquist, Maine and Shaver. Also present were City Manager Michael Kelly, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, City Recorder Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION Reverend Steve Chinn, Springfield Seventh Day Adventist Church, provided the invocation. SPRINGFIELD UPBEAT 1. Mayor Morrisette proclamation October 23-31, 1997 as Red Ribbon Week. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims a. September 1997, Disbursements for Approval. 2. Minutes a. October 6, 1997 - Joint Meeting With Willamalane Park and Recreation District. b. October 7, 1997 - Regular Meeting 3. Resolutions a. RESOLUTION NO. 97-46 - A RESOLUTION TO ACCEPT THE GA TEW A Y FIRE STATION PROJECT FROM DORMAN CONSTRUCTION COMPANY IN THE AMOUNT OF $1.006.648. 4. Ordinances .,) , . . . Regular Session Meeting Minutes October 20, 1997 Page 2 5. Other Routine Matters a. Approve Endorsement of OLCC Liquor License Application for Hollywood Taxi, Formerly Burrito Jalisco and the 535 Club, Located at 535 Main Street, Springfield, Oregon. b. Accept the May 20 and May 27, 1997 Minutes of the Budget Committee Meetings. c. Approval of the September 1997 Quarterly Updated Financial Reports. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS BUSINESS FROM THE AUDIENCE 1. Jim Forbes, Executive Director of Looking Glass Youth and Family Services, requested funding for the organization's Evaluation and Treatment Center. He said immediate and critical funding shortage existed. The facility has been located on River Road, in Eugene, for 27 years. Mr. Forbes estimates approximately 15% of youth served are from Springfield. Mr. Forbes said Mayor Jim Torrey indicated the city of Eugene..is prepared to assist in,closing the funding gap if any assistance it provides is matched by the city of Springfield and Lane County. The initial funding gap was apparently $150,000. The gap as of October 17 is $40,000. If Springfield provides one third of this, it would total $13,000. Fifteen percent of the gap totals $6,000. Mr. Forbes answered questions from council regarding the funding request. Mr. Forbes intended to follow-up with other agencies regarding funding assistance. He said Lane County may contribute funding to the project. Mr. Kelly said council can direct either cash reserves or the opportunity fund be used to fund the request. He said about $24,000 remain in the opportunity fund. Councilor Ballew asked about deadlines. Mr. Forbes said the center would like to provide a. 30-days closure notice to those impacted. Mayor Morrisette said this was a reasonable request. He said the private sector should assist with funding. Councilor Beyer was aware that other community programs have been impacted due to budget issues. She thought it was possible the governor was not aware of impacts due to funding problems. She suggested a meeting be coordinated to discuss funding issues. Councilor Shaver discussed the upcoming mid-year budget review. He said Mayor Jim Torrey indicated that the city of Eugene planned to contribute some funding. Councilor . . . .., .. Regular Session Meeting Minutes October 20, 1997 Page 3 Shaver said this interim funding may help to carry Looking Glass through until a mid-year 'budget review occurs in Springfield. He thought the request could be reviewed at that time. No formal direction was provided. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS ORDINANCES 1. Ordinance Levying Assessments for Street Widening Improvements on Game Farm Road, Project 1-969. ORDINANCE NO. 5863 - AN ORDINANCE LEVYING ASSESSMENTS FOR STREET WIDENING IMPROVEMENTS ON GAME FARM ROAD BETWEEN HARLOW ROAD AND OAKDALE STREET AND VICINITY, (PROJECT 1-969) IN THE CITY OF ,. SPRINGFIELD. LANE COUNTY AND DECLARING AN EMERGENCY. Finance Director Bob Duey presented the staff report on this issue.' The city has completed a local improvement project, including street widening improvements. on Game. Farm Road, between Harlow'Road and Oakdale Street and vicinity, Project 1-969, underthe,waiver' process. Being a project under the waiver process, a public hearing is not required. The council is requested to adopt the ordinance assessing the properties for this project in the amount of$20,745.58. The ordinance contains an emergency clause which makes it effective immediately upon adoption. The emergency clause is being used because staffwould like to enter the liens on the city docket as soon as possible. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5863. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL. 1. Committee Appointments 2. Business from Council a. Committee Reports b. Other Business 1. Councilor Shaver reported the Southern Willamette Private Industry Council is in the process of reviewing their current agreement. He would keep council updated on progress. i.; . . . " Regular Session Meeting Minutes October 20, 1997 Page 4 2. Councilor Maine said a reception was scheduled for Wednesday, October 22, 1997, between 3:00-6:00 p.m., for the new Lane Regional Air Pollution Authority Director. 3. Councilor Ballew reported the Metropolitan Wastewater Management Commission was in the process of conducting a water flow system study to review periods of high water and identify stress points. Mayor Morrisette asked Councilor Ballew to ask the Commission to consider reviewing the feasibility of charging a user fee to garbage disposal users. He said garbage disposal users generate a lot of bulk into water system. BUSINESS FROM THE CITY MANAGER 1. Principles of Cooperation Agreement. City Manager Mike Kelly presented the staff report on this issue. The Springfield City Council is considering adoption of a telecommunications ordinance imposing licensing, construction standards and other requirements on telecommunications services providers. This item is scheduled for discussion during the October 27, 1997 work session. A public hearing and first reading of the ordinance is scheduled for November 3, 1997. This item is being provided in advance to allow additional time to review the item, In developing this telecommunications ordinance, it became clear the city's utility relationship with the Springfield Utility Board (SUB)needed to be referenced: in a companion agreement. This is because the city and SUB enjoy a unique working relationshipwhich"has developed over time based in part only on informal understandings. These understandings and past practices needed to be updated and blended with State and Federal law in order for SUB to feel secure in their emerging roles as a telecommunications and natural gas provider. A Principles of Cooperation Agreement was developed which details the respective utility roles. The agreement sets respective policy level duties and responsibilities whereas the telecommunications ordinance deals more with details and is applicable to all providers including SUB. SUB reviewed and approved the agreement on May 14, 1997. SUB shall continue to pay to the city in-lieu-oftax payments as ,provided in the AgreementoL January 1, 1995 between the parties. SUB shall have the right to develop and operate commercial telecommunication. services and the city has the right to charge reasonable fees for all providers including SUB. SUB has the right to control, regulate or operate Natural Gas facilities and services and city shall continue to establish and charge franchise fees to all Natural Gas providers including SUB. It is the intent the city shall suffer no loss of revenue as a result of this agreement. 1. Ron Optiz, Northwest Natural Gas, 790 Goodpasture Island Road, Eugene, spoke regarding the proposed agreement. He expressed concern regarding the agreement and also questioned SUB qualifications to be a provider of this service. He discussed the franchise between the city and Northwest Natural Gas. He hoped council would table this request and further review it. He discussed capacity issues. (..- . . .;,. . . . Regular Session Meeting Minutes October 20, 1997 Page 5 City Attorney Joe Leahy discussed the conflict between the city, SUB and Mr. Leahy's firm. His firm provided legal services to both the city and SUB. His office did assisted both the city and SUB to retain other legal counsel. He said Mr. Sercombe represented the city another attorney represented SUB. Mr. Leahy said it was appropriate for council to meet during an executive session to seek legal advice and be provided with a thorough legal review. Councilor Shaver said there was a need for a comprehensive review. Mr. Leahy talked about the ongoing problem and discussed pending Charter review along with the proposed Charter change from enumerated to general powers. He said the issue needed to be resolved in order for the Charter to be placed on a ballot for an election and should be done so in an economic manner. Mr. Kelly said both he and Mr. Loveland agreed they would like to create a policy committee between the city and SUB to review outstanding issues. Councilor Maine would like to review the in-lieu-of tax agreement in the future. Mayor Morrisette noted the Charter requirement of SUB's general manager to attend council meetings. Mayor Morrisette said that some time ago, council became involved in discussions,with SUB over the six percent in-lieu-of fee. SUB wanted to reduce this to three percent. Both agencies met at a neutral location, McKenzie Hospital Board Meeting Room, to discuss this issue. Mayor Morrisette said he did not understand why both SUB and the city had the same attorney. Mr. Leahy addressed ethical issues. He reminded council of Mr. Harms and his firm's stand on this issue. He said he knew for a fact that Mr. Harms was very clear in directing both the city and SUB to retain other legal counsel due to the firms conflict of interest. Mr. Harms was clear that he could not represent them. There was a need to retain independent legal counsel. Mr. Leahy was very clear that Mr. Harms was at that meeting only for the sake of assisting to get the process in motion. Mayor Morrisette said that this was discussed at that time. He did not understand why something has not happen between then and now. . Mr. . Leahy said it was his understanding that, at that time, there were good arguments on both. sides of the six percent versus the in-lieu-of fees. Therefore, the idea was not to have the two entities file litigation but to resolve the issue. If council did not want to do that, it was council's choice. Councilor Shaver suggested this issue be tabled and that staff schedule an executive session meeting to discuss outstanding issues, specific Charter language and specific powers. He also requested that councilors forward questions, comments or concerns regarding this issue to either Mr. Kelly or Councilor Shaver in advance of the meeting. ",,- . . . . Regular Session Meeting Minutes October 20, 1997 Page 6 Council asked that staff poll them by telephone. 3. Other Business BUSINESS FROM THE CITY ATTORNEY RECESS INTO EXECUTIVE SESSION Council recessed into executive session Pursuant to ORS 192.660(1)( d) at 8: 13 p.m. Council reconvened into regular session at 8:28 p.m. 1. AFSCME Unit Labor Negotiation Update. Risk Manager Craig Gibons said this item was discussed during an executive session this evening. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO RATIFY THE PROPOSED AGREEMENT. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Minutes Recorder - Julie Wilson Greg Shaver Council President c Attest: