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HomeMy WebLinkAbout10/27/1997 Work Session , , . . . MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, OCTOBER 27, 1997 The city of Springfield council met in work session in the Jesse Maine Room, 225 Fifth Street, Springfield, Oregon, on Monday, October 27, 1997, at 6:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Ballew, Beyer, Burge, Dahlquist, Maine and Shaver. Also present were Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, City Recorder Julie Wilson and members of the staff. 1. Review ofSanipac Franchise and Related Matters. Senior Management Analyst Len Goodwin presented the staff report on this issue. Sanipac produces an annual report for the city describing its operations under the existing franchise. That report has been presented and may be reviewed by the council. In addition, staff, in . conjunction has developed a program to offer limited collection of yard debris from citizens. Sanipac has produced its tenth annual report on operations under its hauling franchise.. The report discloses flat revenues to the city and modest growth in the number of customers served. Sanipac has also, in conjunction with city staff, developed a program of limited collection of small quantities of yard debris, to ameliorate some of the impact of the city's decision to terminate the brush chipping program which has been in place for several years. This program would be funded by customer payments and not impose additional costs on the city. Sanipac General Manager John Hire was available to answer questions from council. Mr. Goodwin and Mr. Hire discussed pickup of residential yard debris. In the budget for the current fiscal year, the Public Works Department eliminated General Fund support for a brush chipping program. An increasing number of private sector firms have opened depots where residents can dispose of this debris for a nominal fee. As a result, although demand remains high, the need is much reduced. Elimination of the program could, however, create an. inconvenience for residents who do not have access to a pickup or other suitable means of transporting this bulky debris to a recycling depot. Sanipac has indicate that it is willing to collect debris on a limited schedule. They are in the process of implementing such a plan in Eugene, which did not have an equivalent to the city brush chipping program. Council asked about the possibility of Sanipac providing brush chipping services. Council discussed the possibility of leasing equipment to Sanipac for brush chipping. Councilor Maine supported holding two or three neighborhood cleanup programs per year rather than just one spring clean-up program. Councilor Burge did not think a brush chipping program needed to be city sponsored. , , . . . Work Session Meeting Minutes October 27, 1997 Page 2 Mayor Morrisette discussed past problems with backyard burning. Maintenance Manager Ed Black said the spring cleanup program was eliminated from the budget last year due to budget reductions. He said the program is scheduled for one day this spring. He said staff would support direction provided by council regarding a cleanup program. Councilor Ballew supported services offered by Sanipac. She also liked the idea of scheduling more than one clean up progr~ms per year. Mr. Hire discussed commercial recycling and EPA requirements. Councilor Shaver discussed the unique relationship between the city and Sanipac. Councilor Shaver suggested Sanipac look into the feasibility of operating a chipper. He also suggested Sanipac provide bilingual brochures to better meet needs of the community. 2. Discussion of Proposed Bus Rapid Transit (BRT) Policy Language for Use in Transplan. Traffic Engineer Brian Barnett presented the staff report on this issue. The BRT policy language is one of many policies under consideration by TransPlan writers. In view of the many issues related to the BET policy the policy language is forwarded for council consideration. Springfield staff believe the language is flexible and are supportive of the language as written. Steffan Viggiano, Lane Transit District (L TD) Planning and Development Manager, answered questions about definitions. He said this issue could relate to preemption. Another representative from L TD said L TD would have priority over regular traffic, but not police and fire. Councilor Burge had a concern that if the language was adopted, it could be interpreted that council supported preempting LTD rights of way beyond the automobiles rights of way. If this were the case, he did not support it. Councilor Burge did not support approving signal prioritization. Councilor Shaver provided background regarding this issue. He said that Lane~County has met with L TD and had concerns similar to council's along with additional concerns. He discussed the conditions regarding improvement, material, support oflocal governments and financing plans that were feasible. Public Works staff was overseeing the project and would provide council with information and recommendations regarding the project. Councilor Dahlquist discussed the need for language clarification. Council suggested the word "if' system and "if' financing be inserted into the proposed language. 3. Telecommunications Ordinance of 1997. Len Goodwin presented the staff report on this issue. Changes in the nature of the telecommunications industry resulting from federal legislation require modifications to the city ordinances to provide for regulation of this industry and protection of public infrastructure. . , . . . Work Session Meeting Minutes October 27, 1997 Page 3 The Telecommunications Act of 1996 has made profound changes in the nature of telecommunication industry which have significant impact on local jurisdictions. By promoting competition and rapid development of new telecommunications technologies, the Act creates a number of circumstances which could substantially increase the interest of private companies using public rights of way and easements for their corporate purposes. While the Act clearly preserves the rights of local governments to manage their rights of way, and to receive reasonable compensation for their use by telecommunications provider, current city ordinances are inadequate to protect the city's exercise of the powers and may create circumstances where the city's activities would be inconsistent with the requirements of the law, particularly as they create local barriers to entry which impede companies from entering into the telecommunications business. The proposed ordinance seeks to harmonize city ordinances with those laws while preserving the city's investment in its infrastructure. The proposed ordinance is scheduled for a first reading and public hearing on November 3, 1997. The ordinance reflects minor non-substantive changes suggested by the City Attorney's Office to improve clarity and conform to the proposed Springfield Municipal Code. Mr. Goodwin reviewed regulatory framework, protection of rights of way and a summary of fees. Mr. Grimaldi said ongoing discussion was occurring with Springfield Utility Board. He also said an executive session was scheduled for November 10 to further discuss the proposed Principles of Cooperation Agreement. Mr. Goodwin provided clarification regarding rights of way and easements. Councilor Burge discussed telecommunication lines. He said the owner ofthe line would need to replace the easement to the condition it was in prior to construction. He discussed specific granting of easements and intended purposes. He said a property owner may challenge some requests. Mr. Goodwin said if it was not a public utility easement, there was no basis to access the property. If it was, things placed on the easement are not there as a right, therefore, the city has no obligation to restore them. The council could recommend a new policy. Proposed language clarification could be provided by legal counsel. Mr. Goodwin discussed easements and conditional use issues. Councilor Shaver discussed fees and in-house costs. He also had concerns over right of way issues. He said if someone did street repair an area, a bond should be required to be ensure that repairs are adequate and last. Mr. Goodwin said the city could recover all direct costs. This would include retaining an engineer to review a project. This cost could be billed back to the applicant. Regarding preservation, the ordinance did address protection of the city's interest. Councilor Shaver had concern over in-house costs, specifically staff time. .. ,".,..' . . . Work Session Meeting Minutes October 27, 1997 Page 4 Mr. Goodwin recently received a copy of language the city of Eugene used. He said an annual two percent of gross revenue was included in their language. Mr. Goodwin discussed fees as it may relate to SUB. Councilor Ballew discussed the need for SUB to be treated equal to other providers. She asked about fees and how they were established. Mr. Goodwin said it was a combination of different calculations. He also discussed the cost of encroachment and other permit fees. Councilor Maine discussed the fact that Springfield served both citizens and businesses. Councilor Shaver said the issue of fees and charges needed to be further discussed. Staff was aware of some concerns and others may be raised. Mr. Goodwin discussed timing issues and process. It was agreed the issue would be revisited sometime after November 3. ADJOURNMENT The meeting was adjourned at 7:20 p.m. Minutes Recorder - Julie Wilson Greg Shaver Council President Attest: ~ City Recorder " LD~