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HomeMy WebLinkAbout05/19/2014 RegularCity of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY MAY 19, 2014 The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Monday May 19, 2014 at 7:04 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Moore, Ralston, Woodrow and Brew. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Mary Bridget Smith, Administrative Assistant Amy Jo Ripka and members of the staff. Councilor Wylie was absent (excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. SPRINGFIELD UPBEAT 1. Mayor's Recognition a. Recognition of Kevin Ko, Housing Programs Analyst City Manager Gino Grimaldi said Kevin Ko has taken a position at Clackamas County and will be moving to Portland. Although Mr. Ko was just a couple of weeks shy of his 20 years with the City, the time he has put in with the city equals more than 20 years. Mr. Grimaldi presented Mr. Ko with his 20 -year plaque. He noted the service Mr. Ko has provided to the City and the citizens of Springfield, making their lives much better with compassion and a sense of purpose. He has been a quiet and effective leader, and will be greatly missed. Mr. Ko introduced his wife, Val Ko, who was in the audience. He has been honored to have served the Mayor and Council over the years and has always felt supported. Taking this new position was a very tough decision. He and his wife love the Eugene /Springfield area, but the opportunity presented itself at the right time. He appreciates the City of Springfield and John Tamulonis for hiring him. Mayor Lundberg presented Mr. Ko with a plaque from the Mayor and Council. She said she served on the Human Services Commission before she started as a councilor and has worked with Mr. Ko since that time. She had always found him to be someone she could look to and ask his opinion. He had also written a letter as a citizen to the Mayor and she appreciated his opinion. The plaque is in appreciation of his leadership, integrity and service to the citizens of Springfield. She wished him the best in his new job. CONSENT CALENDAR 1. Claims a. Approval of April 2014, Disbursements for Approval City of Springfield Council Regular Meeting Minutes May 19, 2014 Page 2 2. Minutes a. April 21, 2014 —Regular Session b. April 28, 2014 — Work Session c. May 5, 2014 —Work Session d. May 5, 2014 — Regular Session 3. Resolutions 4. Ordinances a. ORDINANCE NO. 6319 —AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND THE RAINBOW WATER DISTRICT. 5. Other Routine Matters IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR RALSTON TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT — WYLIE). ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. BUSINESS FROM THE AUDIENCE Reverend June Fothergill, Ebbert Memorial United Methodist Church and Springfield Shelter Rights Alliance (SSRA). Springfield, OR. Reverend Fothergill said her church has been involved in the St. Vincent DePaul parking program for several years. She thanked the Council for recently improving that program by including the Conestoga Huts. These huts allow people without vehicles or housing, to have a safe and legal place to be. There are currently five huts in Springfield, two at the First Baptist Church on G Street, two at Northwood Christian Church on Hayden Bridge Road, and one at St. John's Episcopal Church on Game Farm Road. These huts have been a great help to our neighbors without housing. She is very proud to report that one of the women who was recently in a hut, has now moved into her own apartment. Having a safe place off the street allowed her to move her life forward. Reverend Fothergill is currently on the team that selects the possible Hut residents. They have a waiting list and are working to get five more huts in Springfield, and doing fundraising to help with that. She thanked the Council for their willingness to allow these vital programs that help some of our most vulnerable neighbors. 2. Pastor Peter Fones, St. John's Episcopal Church, Springfield OR Pastor Fones said their parish has been in partnership with Springfield Shelter Rights Alliance (SSRA) since February 22, 2014 and are hosting a Conestoga Hut on their property. One single adult male, Frank, has lived there since that time. Pastor Fones said he is honored to have the opportunity to provide Frank with that City of Springfield Council Reeular Meeting Minutes May 19, 2014 Page J chance. Frank is either working, looking for work or helping the church on their property. He works through a temp agency and takes the bus, but was recently able to purchase a new bicycle to get where he needs. He is a hard worker. It is important to be able to provide this opportunity. Frank takes care of his work and bills, and also volunteers at the parish twice a month helping set up and distribute meals at their food pantry. The parish is able to give, and Frank is able to give as well. Their parish is considering a second hut. They have not had any complaints from neighbors and the property is being well cared for. He thanked the Council and City for allowing this to occur. Leonard Tarantola. Eugene, OR. Mr. Tarantola said he has two business developments in the Springfield area. He builds small business workshops. He has discovered that some of his tenants are leaving to rent at the Booth Kelly development because the rents are so much lower. It is a very unequal playing field from that point of view. He suggests the City should get out of the business of competing with the private sector because of that advantage. He suggests the City sell Booth Kelly at fair market value, and let a private party compete in the private world. This has happened to him more than once and he has mentioned it before. It seems very unfair. Their consideration is appreciated. 4. Jeff Harms, Springfield, OR Mr. Harms said he is here as a member of the Pacific NW Regional Council of Carpenters. The Glenwood Refinement Plan is an exciting proposition for our community, bringing life to the corridor between two of Oregon's greatest communities. His concern lies in the subsidies the City and County are giving to a development group in order to fund the proposed Riverfront Hotel and Conference Center. The need to subsidize private projects with public money should be debated, however, with the City's commitment of $2.5M and the County's proposed commitment of $6M, the public benefits and contractor requirements should be assigned a contract. The City of Eugene has recently chosen to give $8.5M in tax exemptions to the Capstone Collegiate Communities for projects in downtown Eugene. This project has resulted in over 20 OSHA violations, most of which are serious in nature. Contractors performing the work were not licensed in the State of Oregon and multiple wait complaints of withholding pay, no overtime, unsanitary and unsafe working conditions have resulted. He hopes the City of Springfield can create a policy that holds developers and contractors accountable to labor laws and protects the community that is funding nearly half of the construction costs. Such subsidies should be denied or rescinded based on the project requirements and performance pending the City's discretion. He asked them to consider installing clawback language which gives the City the ability to rescind tax money for serious safety and/or labor violations. Such violations typically have monetary penalties that do not carry enough of a financial impact to stop unscrupulous business practices. The City Council has the authority and obligation to the City of Springfield and its citizens to adopt policies that protect the community from these irresponsible contractors and developers. As a representative of the Carpenters' Union, it is his duty to uphold wage, safety and community standards. He is appalled at the obvious exploitation of our local labor force in the Capstone Project. It is disgusting how this project and many others like it have such a lack of respect for humanity and our community. Please don't let this happen in Springfield. We need accountability for the actions that hurt our community, not rewards of public money. He is asking the City Council and Lane County Board of Commissioners to have the courage and foresight to proactively govern this process so they can continue to offer incentives for development projects which encourage responsible job creation and economic growth. He asked the City Council and Board of Commissioners to explore options to adopt criteria that will hold all parties responsible. 5. Leonard Tarantola. Eugene, OR Mr. Tarantola said on projects such as the Capstone Project where they are asking for a tax break, they show their bottom line of a 3% return on investment at City of Springfield Council Regular Meeting Minutes May 19, 2014 Page 4 a cost of $89M. Based on the minimal return on investment, the developer said they needed a tax break to make it worthwhile. He felt that at the end of the project, it would be appropriate to see if the developer's costs are actually $89M. If their costs are considerably less and their return on investment much higher, they should not get the tax break. That check at the end of the project to see if those calculations are valid would be appropriate. COUNCIL RESPONSE Councilor Brew said Capstone was unique because it was a tax credit. He asked the City Attorney if the Davis /Bacon prevailing wage laws applied if the City gave the developer cash for the Glenwood conference center. Ms. Smith said it would depend on who is doing the construction. It would apply if the public entity was doing the construction, but may not if it was being done by the private developer. CORRESPONDENCE AND PETITIONS BIDS ORDINANCES 1. Springfield Fire Code, 2014 Edition. ORDINANCE NO. 2 — AN ORDINANCE ADOPTING A FIRE CODE FOR THE CITY OF SPRINGFIELD BY ADOPTING, AMENDING, ADDING AND DELETING SECTIONS TO THE STATE OF OREGON 2014 FIRE CODE AMENDMENTS REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIAL AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES AS HEREIN PROVIDED: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE: AND REPEALING ORDINANCE NO 6257 ADOPTED JUNE 21sT OF 2010 BY THE CITY OF SPRINGFIELD. Springfield Fire Marshal, AI Gerard, presented the staff report on this item The Fire Code adopted by the city must be consistent with State Fire Protection Statutes, and equal to or more stringent than the Fire Code promulgated by the State Fire Marshal. The State Fire Marshal has adopted the 2014 Edition of the International Fire Code with an effective date of July 1, 2014. The Department of Fire & Life Safety is currently enforcing the 2010 Edition of the International Fire Code with Oregon and Springfield Amendments. Adoption of the 2014 Edition of the International Fire Code with Amendments will enable the Department of Fire & Life Safety to provide a high level of fire safety protection within the City. This Ordinance shall take effect July 1, 2014 upon its adoption by the Council and approval by the Mayor so that the City of Springfield Fire Code is compliant with the State of Oregon 2014 Fire Code Amendments which become effective July 1, 2014. Replacement of International Fire Code books have totaled approximately $1800 spent out of the FY 13 -14 budget. City of Springfield Council Regular Meeting Minutes May 19, 2014 Page 5 Items to Note: • The 2014 Oregon Fire Code has been completely reorganized to make it easier for its users. • Traffic calming devices are prohibited unless approved by the Fire Code Official • Emergency responder radio coverage requirements have become further clarified • Emergency lighting testing and maintenance requirements are now in the fire code. No action requested. First reading only. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Councilor Moore said she had a great time on Saturday at the Spring Cleanup Event. It is nice to greet people that are so happy about an event put on by the City. Mayor Lundberg agreed. She said they would add dog treats to hand out next year. BUSINESS FROM THE CITY MANAGER 1. Approve a Contract Amendment for Pre - Scheduled and Inter- facility Non - Emergent Basic Life Support Ambulance Transports in ASA 45 with Rural Metro of Oregon, Inc. Deputy Fire Chief, Joe Zaludek, presented the staff report on this item Springfield Fire & Life Safety is requesting to modify the current contract for pre - scheduled inter - facility non- emergent basic life support ambulance transports with Rural Metro of Oregon, Inc. to align Springfield's contract with City of Eugene's. Fire & Life Safety selected Rural Metro of Oregon, Inc. through an RFP process in 2011 to provide ongoing services for non - emergency, basic life support ground ambulance transports within ASA #5. The current contract extension expires on January 31, 2015. Rural Metro of Oregon, Inc. (RMA) provides pre - scheduled and inter - facility non - emergent basic life support ambulance transport services within the Ambulance Service Area assigned to Springfield (ASA #5) as part of a tiered response plan. The City of Eugene Fire & EMS also contracts with Rural Metro for similar services. This amendment will align Springfield's contract with Eugene's. With the IAFF workforce integration slated for July 1, 2014, it is imperative our operating strategies are identical across the metro area. This amendment allows RMA to respond to certain low -level scene calls in ASA #5, a minor change in the work RMA currently performs for Springfield. This change is part of the larger vision for our tiered ambulance system, as discussed with Council in past presentations. SFLS will continue to provide emergency ambulance responses at the advanced life support (ALS) level, while providing appropriate resources to handle certain calls requiring a lower level of care. This tiered response system provides the best use of limited resources, and ensures quality emergency medical care throughout the community. City of Springfield Council Regular Meeting Minutes May 19, 2014 Page 6 IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR RALSTON TO AUTHORIZE CITY MANAGER TO SIGN A CONTRACT AMENDMENT WITH RURAL METRO OF OREGON, INC. FOR PRE - SCHEDULED AND INTER - FACILITY NON - EMERGENT BASIC LIFE SUPPORT AMBULANCE TRANSPORTS IN ASA 95. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT — WYLIE). 2. Municipal Court Appointed Attorney Services to the City of Springfield. Finance Director, Bob Duey, presented the staff report on this item. The City of Springfield currently contracts with numerous individual attorneys on a rotating basis for court appointed services. Substantial increased activity in the Court has resulted in this system becoming administratively inefficient for the Court and requires additional coordination for the City's Prosecutor. Re- appointments of a second attorney for a single defendant for show causes and failures to appear results in additional cost and time. Court Administration is looking to improve the current system and control future costs by contracting with single firm for all appointments. In a Financial Judiciary review February 24, 2014 Council work session it was recommended the staff embark on a sourcing exercise for the City court appointed services. In March 2014 a Request for Proposals (RFP) was publically issued in accordance with City purchasing administrative regulations. The City received two responses — Rosta & Connelly, P.C. and McKenzie Defense Consortium, LCC. The RFP proposals submitted were evaluated by the City Manager's Office, Police Department, the Prosecutor's office, three sitting Judges, the Court Supervisor and the Director of Finance, who is also the Court Administrator. The RFP was issued for an estimated case load of over 2,100 new case appointments per year with an existing backlog of show causes. Criteria for evaluation included cost, qualifications, service delivery, workload management and proposal completeness. The McKenzie Defense Consortium, LCC has been selected as the most responsible respondent. The value of the contract is estimated to be $236,500. Expenses for indigent representation in FY12 were $220,000 and in FY13 were $238,500. FY14 is projected to be similar to FY13. The contract value is not anticipated to reduce the line item budget for indigent defense, but a single consortium providing the services will have a significant effect on soft cost savings which include court staff time and city prosecutor's discovery efforts. Mr. Duey said the Court is looking at other things that can be done in their processes to help reduce the costs in the future. Councilor VanGordon asked if $95 /per case is our current rate. Mr. Duey said the current rate is $75 /per case. Councilor VanGordon asked about the language in the contract stating that the City would only get reimbursed $80 if the defense attorneys didn't meet the case threshold in the contract. He asked for clarification on that section. City of Springfield Council Regular Meeting Minutes May 19, 2014 Page 7 Mr. Duey said the administrative costs are built into the number of cases they are handling. Until they get to a more clear number of cases, they didn't want them to be assigned work and not get paid for the case. Their overhead is based on a certain number of cases. The number of cases is difficult to determine. Previously, the attorneys were paid per charge, which could mean multiple charges per case. This contract would pay them per case, and would actually reduce overall costs. Mr. Towery said another factor was that every time there was a failure to appear, the case was pulled from the initial attorney and given to the next attorney. Both attorneys would get paid. In this case, the consortium gets all the cases, but there is only one payment for each case. Councilor VanGordon asked if there was a conflict of interest with the consortium being made up of attorneys from different offices. Mr. Duey said they had required the consortium to get a letter from the Oregon State Bar that states that as long as they are not co- mingling and their funds and records are kept a certain way, there will be no conflict of interest if they move from one attorney to another. The consortium has agreed to those terms. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR RALSTON TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND SIGN AN AGREEMENT WITH MCKENZIE DEFENSE CONSORTIUM, LLC FOR COURT APPOINTED ATTORNEY SERVICES FOR THE PERIOD FROM JULY 1, 2014 TO JUNE 30, 2015 WITH THREE (3) ONE (1) YEAR RENEWALS. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT — WYLIE). BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 7:35 p.m. Minutes Recorder Amy Sowa Christine L. Lundberg Mayor Attest: / 1�1d Lll� City Recor r