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HomeMy WebLinkAbout04/04/1994 Work Session . . . City of Springfield Work Session Council Meeting MINUTES OF THE MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, APRIL 4, 1994 The city of Room 2, 225 6:05 p.m. Springfield Council met in the Springfield City Hall, Meeting N. Fifth Street, Springfield, Oregon, on Monday, April 4, 1994, at ATTENDANCE Present were Mayor Morrisette and Councilors Schanz, Walters, Beyer, Shaver and Burge (6:07). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney's Tim Harold and Joe Leahy, City Recorder Eileen Stein, Human Resources Director Frank Hotchkiss and members of staff. 1. City Attorney Evaluation Councilor Schanz introduced Tim Harold and Joe Leahy of the city's law firm, Harold and Leahy. Councilor Schanz reviewed the process and procedures for the City Attorney evaluation. He explained there were six categories the attorney's were evaluated on: General Legal Counsel, Legislative Counsel, Litigation, Interaction with Other Governmental Entities, Citizen Requests, and Any Other Comments or Concerns. General Leqal Counsel Responses: 15 excellent and 3 good Councilor Walters questioned the process regarding the Library video check-out policy. Mr. Harold explained the process the City Attorney's Office used to review the issue and find case law. The Council and Mr. Harold and Mr. Leahy had a lengthy discussion regarding the American Civil Liberties Union (ACLU) and the National Motion Picture Association and how their input affected the attorney's legal opinion, Litiqation Responses: 16 excellent, 1 good and 1 did not score Councilor Burge stated the City Attorney's Office deserves a high rating for defusing litigation. Councilor Shaver said Springfield has been able to avoid litigation through excellent legal advise. Interaction with Other Governmental Entities Responses: 13 excellent, 1 good and 6 did not score Mr. Harold said he is concerned over comment #5 on the Performance and Development Appraisal form, addressing a representation conflict with the Springfield Utility Board (SUB). Mr. Harold clarified the relationship his office has with SUB and explained if the city and SUB ever have a conflict, then Mr. Harold and Mr. Leahy refer both clients to seek other legal counsel. . ". '. ~ City of Springfield Work Session Council Meeting Page two Citizen Requests Responses: 12 excellent, 2 good and 4 did not score Mr. Leahy briefly explained a comment made in reference to Texas lap dancing. No other comments were made. Any Other Comments or Concerns Not Already Addressed Councilor Schanz reviewed each concern individually. Councilor Shaver commented on the first comment by saying he would prefer legal counsel use the term "may" be unconstitutional versus "it is" unconstitutional. He stated until a case is litigated, it is neither constitutional or unconstitutional. Mr. Leahy referred to the first comment made by Mr. Harold and Mr. Leahy. He stated code enforcement issues have not been given as much attention as in the past and said he will be responding to a recent staff memo within the next two weeks. Mr. Leahy clarified the members of the City Attorney's Office do not always personally agree with the opinions they render. Councilor Schanz ended the evaluation by congratulating Mr. Harold and Mr. Leahy and stating they received a very good evaluation. 2. Business from Council Councilor Shaver gave an update on the Southern Willamette Private Industry Council (SWPIC). He explained SWPIC is limited on what they can accomplish with the major changes happening in the Clinton administration. He stated he would keep the Council posted on any progress. Councilor Shaver gave an update on the McKenzie Watershed Council. He stated SUB was offered a seat on the Council and Willamalane Parks and Recreation was asked to assist. Councilor Walters presented a recap of the Talgo Train visit and explained he presented a speech for Springfield in Mayor Morrisette's absence. The Council discussed the amount of state and federal dollars needed to bring the train to Eugene/Springfield and help to boost the local economy. ADJOURNMENT The meeting was adjourned at 6:50 p.m. Minutes Recorder - Shari Higgins ATTEST: c~ #4331