HomeMy WebLinkAbout01/12/2004 Work Session
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City of Springfield
Work Session Meeting
MINUTES OF THE WORK SESSION MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, JANUARY 12,2004.
The City of Springfield council met in a work session in the Library Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, January 12,2004 at 5:32 p.m., with Mayor Leiken
presiding.
ATTENDANCE
Present were Mayor Leiken and Councilors Ballew, Woodrow, Lundberg (5:55 p.m.), Fitch,
Ralston, and Malloy. Also present were City Manager Mike Kelly, Assistant City Manager
Cynthia Pappas, City Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff.
1. . Joint Meeting with the Springfield Arts Commission.
Mayor Leiken introduced the Arts Commission Chair, Janelle McMahan. The remaining
members of the Springfield Arts Commission introduced themselves. Present were Sandra
Dominguez, Judith Macomber, PJ Sargeant, Scott Wylie, Eleanor Palm, John Keskinen and Nada
Zawadony. Arts Commission member Don Durland was absent. Barbara Thompson is the staff
liaison for the Arts Commission and works in the Springfield Public Library. Ms. Thompson said
tonight's joint meeting is to share information and discuss common goals and issues of interest.
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Ms. Thompson said the purpose of the Arts Commission is to promote the arts in Springfield.
The commission does this by providing opportunities for performances, events and exhibits for
artists and by educating the community on the importance of art in Springfield. The Arts
Commission has been in existence for 17 years and began with the charge of creating Art Alley.
It has expanded into a very active organization that has accomplished many things with a very
limited budget. She said the opportunities for exhibits and displays are the Art Alley, the City
Hall Gallery and the Luigi Testa Sculpture gift. Art education is Youth Arts Workshops, the
Puppet Festival and Heritage Arts Grant.
Ms. Sargeant said Art Alley has been in existence for some time, with the most notable of the
murals being the Oregon Trail Mural painted on the east wall of the Emerald Art Center. The
newest mural is across from Emerald Art Center. She said that there is "A Walk of Art" for
citizens to view the many forms of art in the downtown area. Ms. Thompson handed out the "A
Walk of Art" brochure to council and Arts Commission members. Ms. Sargeant said the Arts
Commission has discussed some other locations for possible murals and is considering the
elevator wall.
Ms. Thompson said the Arts Commission no longer has an Art Alley budget. She distributed a
brochure on the Oregon Trail mural to council and Arts Commission members. The Luigi Testa
Sculpture Gift could also be incorporated in Art Alley as a sculpture garden if the boundaries
were expanded.
Mayor Leiken asked if the Arts Commission had discussed where the expansion of Art Alley
might be located in order to include the Luiga Testa Sculpture.
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Council Work Session Minutes
January 12,2004
Page 2
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Ms. Sargeant said along the Pioneer Parkway Walkway is a preferred site for some of the Luiga
Testa Sculpture. They are looking at ways to fund placement of the pieces.
Ms. Thompson said there is no timetable when the pieces need to be presented, so the Arts
Commission has continued to lend them to different businesses in the community until a
permanent place can be found.
Councilor Ralston asked how large the pieces were and the number of pieces.
Ms. Thompson passed around a notebook which showed the sculptures. There are 24 pieces,
with some of those having multiple pieces. Discussion was held regarding placement of these
pieces and the issue of vandalism. The pieces are quite sturdy and heavy, which makes them
difficult to steal. Ms. Palm discussed other cities which display these types of sculptures. Ms.
Thompson said there has been relatively little graffiti or vandalism done to the murals.
Ms. McMahan described how these pieces were obtained as a gift. Mr. Testa has no ties to the
Arts Commission, but has a friend in the area who told him Springfield had a commitment to
public art. She also discussed how these pieces are being lent out to different businesses at this
time. The value of the pieces is approximately $97,000.
Discussion was held regarding the new Springfield Station which is planned for completion in
August 2004. Mr. Black said they spoke with LID regarding placement of some of these pi~ces
at the new station on Pioneer Parkway.
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Ms. McMahan thanked Maintenance Manager Ed Black and his staff for their assistance in
moving these pieces to the different locations in the community.
Ms. Zawadony spoke regarding the Puppet Festival. She said all commission members work
together to make this a fine event for the community. The festival features performances by
renowned, professional puppeteers as well as children's workshops. Ms. Zawadony described
the work involved in putting on this festival. This event is attended by people from our
community and outside communities.
Arts Commission members discussed the festival and the joy it brings to the families of
Springfield who attend. All of these events are free.
Ms. Thompson said the Puppet Festival is a joint operation with the Museum and the Library
Youth Services Department. About 1200 people attend this event. It is very unique and is the
only Puppet Festival in the Pacific Northwest. They have outgrown the space at the senior center
and look forward to holding this event in the Richard E. Wildish Theater in the future.
Ms. McMahan discussed the Youth Arts Workshop and the workshops offered. They have held
programs such as the Nutcracker (in years past), watercolor classes, Chinese painting and other
rotating programs. These workshops target middle school students and are also free.
Mayor Leiken asked how many youth are able to participate in these programs.
Discussion was held regarding the number of children participating at the different events.
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Mayor Leiken asked about the budget of the Arts Commission.
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Council Work Session Minutes
January 12, 2004
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Ms. Thompson said it is between $50 and $200 per event, depending on the workshop and the
number of hours it runs. Discussion was held regarding the cuts in the Arts programs in the
schools.
Mayor Leiken asked if the Arts Commission had solicited the private sector to get additional
funding for these projects. He would like to encourage them to solicit private citizens
throughout the metro area to be involved and increase their budget.
Ms. McMahan said that has been a topic of conversation during their meetings. Part of the
purpose of lending the Luigi Testa sculpture pieces to businesses is to get their interest. Budgets
for the Arts are decreasing in the schools and public entities.
Mr. Keskinen said the Arts Commission has discussed this issue for about a year and they now
need some type of list of possible contributors.
Mayor Leiken noted some local businesses and private parties who may be interested in
supporting the Arts Commission and the youth programs they provide.
Ms. McMahan said Lane Arts is another resource.
Councilor Ballew suggested sponsorship for specific projects.
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Ms. McMahan said they have received some sponsorship for part ofthe Puppet Festival from
Pacific Continental Bank. Discussion was held regarding acknowledgment of those who sponsor
these events.
Ms. Zawadony said they offered a free performance to see the Mozart Players with the option of
donating toward the performance. They received a good amount of money from that event.
Ms. Sargeant discussed the City Hall Art Gallery and the benefit for the location of this display
area. The artists that display their work are given the option of having a reception before or
during their show. No commission is received by the Arts Commission. This is a service of the
Arts Commission and is always changing. There are wonderful shows in this area including
three dimensional works in the display cases and the open lobby area.
Mr. Wylie discussed the Springfield School District exhibit in March of each year in celebration
of Youth Arts Month. This has been a successful exhibit and has been going on for a number of
years. This exhibit allows students to display their artwork in a public location.
Discussion was held regarding the display and the benefit of having it change frequently. There
are a diverse number of displays.
Ms. Palm discussed the Heritage Arts Grant program. She said they received eleven requests for
grants this year and awarded ten. She described the projects and materials paid for by these
grants. She said they were not able to give the full amount requested by everyone, but were able
to spread the funding around to many groups.
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Ms. Thompson said the Arts Commission would be coming to the council regarding placement
of the Luigi Testa sculptures in the future. They discussed the Wildish Theater and the prospect
of a cultural district, including the Library, the Emerald Arts Center, the Theater and the
Museum.
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Council Work Session Minutes
January 12,2004
Page 4
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Councilor Fitch asked if there would be a possibility of talking with the Arts Commission
regarding a possible mural for the front of the Wildish Theater. It was suggested the theater
contact the Arts Commission for assistance with that project.
Councilor Fitch thanked the Arts Commission members for their dedication.
Councilor Woodrow encouraged the Arts Commission to contact him as council liaison if they
would like to discuss anything with him.
2. Contract for 3rd Party Plan Review and Inspection Services for PeaceHealth RiverBend
Proiect.
Councilor Malloy excused himself from discussion on this item due to a conflict of interest
regarding his employment with PeaceHealth.
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Community Services Manager Dave Puent presented the staff report on this item. Mr. Puent said
when the RiverBend project was fIrst proposed, the city considered providing planning review
and inspection services in-house by hiring additional staff. After studying this option for several
months, it was determined to contract for the services as a cost-savings to the city. In October
2003, the city requested proposals from qualified State of Oregon Registered 3rd Party Plan
Review and Inspection Agencies to perform plan review, project administration and on-site
inspection services related to the proposed construction of the PeaceHealth's RiverBend Project.
Five firms submitted written proposals. After evaluating the proposals, three fIrms were selected
for interviews. At the conclusion of the interviews and subsequent follow-up site visits to
several jurisdictions where the fInalist has performed similar type work, the Selection Committee
composed of city management staff recommended CLAIR for this contract. CLAIR was found'
to have a clear understanding of the sC9pe of the project requirements, a highly
competent/experienced staff and a well-defined plan for accomplishing the multitude of tasks
associated with this project.
The proposed contract provides for work to begin in late January of 2004 and continue through
February of2007. Total cost of the contract for this period, including all hourly personal service
charges, indirects and reimbursable costs to CLAIR will not exceed 85% of the total building
permit fees paid to the city. Building permit fees are computed on the overall valuation of
construction. Based on a project value of $270 million, the minimum estimated permit fees to
the city are approximately $1.8 million (excluding plumbing electrical and mechanical permit
fees). A Not-To-Exceed (NTE) amount is proposed as an alternative to the customary flat-fee
amount to not only allow the contractor to be reimbursed for actual cost for providing these
services, but for the city to capture potential cost-savings should the actual costs be less than the
NTE amount. CLAIR will submit monthly invoices to the city for all work performed, including
any other monthly costs authorized under the contract. Mr. Puent said the scope of services is
described in Attachment II, page 2, included in the agenda packet.
If the Master Plan and/or any other subsequent required approvals are not obtained from the city
or any outside agency that would not allow the proposed project to go forward, the contract with
CLAIR and the city can be terminated immediately. .
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Councilor Ballew said according to the chart in Attachment II, page 21 of the agenda packet, it
looks like the work is being done by the same few people. She questioned if there was enough
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Council Work Session Minutes
January 12,2004
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staff. She also referenced the other people listed on Attachment II, page 19, included in the
agenda packet.
Mr. Puent explained why each person had several positions and functions. This is a timeline and
as they finish one project they would go on to work on the next. Many are cross-certified and
can perform different inspections. The chart shows who is the primary person for each function
and the people listed on Attachment II, page 19, show the individual inspectors and their hourly
rate.
Councilor Lundberg asked if this is the first time the City of Springfield has contracted out this
type of work.
Mr. Puent said this is the fIrst time we have contracted a 3rd party for this scope of work.
Mr. Kelly explained that in the past we have hired temporary staff or used current staff to work
on a specific project.
Councilor Ralston asked if the hourly rates listed on Attachment II, page 19, in the agenda packet
were accurate for these positions. He feels the city could do this work for much less.
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Mr. Puent said that they researched using city staff, including benefits, overhead and indirects
and using a 3rd party provider was less expensive. Some of the issues with using city staff
include fInding the qualified staffto perform these services and hiring them as full-time
employees only to terminate them after three years. The original proposal was based on using
in-house staff.
Councilor Woodrow asked about the company's insurance. He asked who would be liable if
something went wrong with the building after it was built and it was found to be inadequately
built or not properly inspected. He questioned whether or not it could come back to the city.
Mr. Puent said that would be determined in a court of law. Part of the contract includes a $3M
insurance policy carried by the CLAIR Company. They are responsible and certifIed by the
State of Oregon.
Mr. Leahy referred to Attachment I, page 15, paragraph 13 of the contract included in the agenda
packet relating to that question. In this paragraph it states that "To the fullest extent of the law,
Independent Contractor shall defend, indemnify and hold harmless CITY, its officials,
employees, servants, and agents from and against all claims, demands, and judgments (including
attorney fees), made or recovered against them including but not limited to damage to real or
tangible personal property or for bodily injury or death to any person, arising out of, or in any
manner connected with the performance of this Agreement by Independent Contractor, its
officers, employees, and agents." He said there is no guarantee, but there is protection through
this contract. He said in the negotiation of this agreement, there is no back-up that would limit
their negligent acts. There would be no question of whether or not they were negligent. It would
be rising out of their actions.
Mr. Kelly corrected his statement regarding overhead and indirect costs being included in these
figures. Those costs would be charged separately. It is up to council to direct staff to bring
forward more information if they do not feel comfortable with this contract.
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Council Work Session Minutes
January 12, 2004
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Councilor Ballew said she is not surprised by the costs. She asked if this company has done
comparable work.
Mr. Puent said this company just completed a hospital in Medford that was several hundred
thousand square feet. He noted other large projects they have been involved with.
Councilor Lundberg said if these people have expertise in this area, it makes sense to hire them
to take on this project. She is comfortable supporting this contract.
Councilor Ballew asked if Mr. Puent and PeaceHealth Project Manager Carole Knapel would
have additional support staff to deal with their additional work.
Mr. Puent said there is proposed funding in the PeaceHealth contract to hire additional clerical
assistance for the city. He said details on how the additional staffing would be utilized have not
been determined.
Mayor Leiken asked if contracting for a third party service is something the city may do more of
in the future.
Mr. Puent said third party contracting for plan review and inspections is still fairly new, and was
only considered due to the scope ofthe project. He does not see it as something that will be used
more in the future. He said the city has outside agencies available to help with plan reviews, but
have not needed to utilize those services.
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Councilor Woodrow asked if this contract had been reviewed by PeaceHealth and if they had a
preference in how the services were provided.
Mr. Puent said there have been discussions regarding permit inspection services with
PeaceHealth, but not this particular contract. He said he believes their preference would be to
have a third party plan review contract.
Councilor Fitch commended staff for finding this alternative to get the job done at a lower cost.
This is a much larger project than the city has been involved with in the past and it will be
beneficial to have the expertise this company can provide. It will allow city staff to remain
focused on city business and is an efficient use of funds.
Mr. Kelly said there was an executive session scheduled later this evening to discuss some issues
that had arisen regarding labor contracts, but those issues were resolved during meetings with the
concerned parties. There is no longer a need to hold the executive session because of this
resolution.
3. Intergovernmental Agreements.
Assistant City Manager Cynthia Pappas presented the staff report on this item. Each year staff
prepares a budget that includes ongoing fmancial commitments with several metro area partner
agencies. This work session provides an opportunity for council to discuss the level of funding
that might be considered for each of these contracts, before the draft budget is fmalized.
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The FY 04 Budget contains $316,365 (General Fund) and $10,000 (Street Fund) in funding for a
variety of services provided through IGA's with metro area partner agencies. For many years,
the Council and Budget Committee have chosen to increase the contracts at the level requested
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January 12, 2004
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by each partner agency, based on cost-of-living increases or a formula-driven increase, such as
population growth. In recent years, the choice to increase the funding levels in these contracts
has become increasingly difficult while at the same time, the council has had to reduce city staff
and hold materials and services expenditures flat.
Ms. Pappas said this discussion is a reminder to council of the partner agencies the city has
contracts with and pays dues to. She said a Budget Committee meeting is scheduled for January
27 and more detail regarding the proposed budget will be discussed at that time. There are seven
intergovernmental partner agencies; some are contract based, some are dues based and some are
assessment-based. Normally these are brought to council at their first budget committee meeting
in May, but this is a chance to discuss these now to provide direction to staff regarding these
funds. She referred to the chart on Attachment I, page 1 included in the agenda packet, listing
the amounts budgeted in the '04 budget to these agencies. She discussed the amounts, how they
are calculated and how they are funded. The dues or contract amounts may increase.
Councilor Fitch said many of these are based on population and/or a formula. She asked if the
city had input on how the formula is calculated.
Ms. Pappas said we typically do not. George Kloeppel from LCOG explained the formula to
those who attended a recent Springfield, Eugene, Lane County (SEL) meeting. He told the three
partners that there may be increases. Discussion was held between the partners regarding
whether or not maintaining the fees would be possible because of the budget constraints each
agency is facing.
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Councilor Fitch said she is concerned that the city has no input into these formulas.
Ms. Pappas said the formulas are consistent from year to year.
Councilor Lundberg said she has a desire to know more about each agency. Each agency has a
different way of using the funds they are given. She discussed the money given to both Lane
Council of Governments (LCOG) and Metropolitan Policy Committee (MPC), both LCOG
functions. She said some agencies use LCOG heavily and she would like to know what the City
of Springfield is buying with the general contribution. Using population based formulas may not
always be equitable regarding services used. She said the same is true with Human Services
Commission (HSC) and the formula they use. It may be part of the city's advocacy on how we
would like our contribution used or the calculation of the fees. She would like to see that
information before going into the budget discussion/decision-making process.
Ms. Pappas referred to Attachment IV, included in the agenda packet. The work activities for
LCOG are defined in that attachment. She asked what additional information council would like
to see regarding these services.
Councilor Ballew said it needs to be determined what we should be doing and what we can stop
doing. These agencies have expenses to budget and the council needs to make a policy decision
on how we will allocate money for certain services. She discussed the League of Oregon Cities
(LOC) and the benefits ofthat agency, but recognized that ifthe city can no longer afford their
services, that decision needs to be made. We cannot expect them to receive less money and
provide the same level of services to the city.
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Councilor Fitch discussed the Lane Metro Partnership and the lack of services they have
provided for Springfield. She would like to look at that agency and consider leaving the task of
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Council Work Session Minutes
January 12,2004
Page 8
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economic growth to in-house staff. She would like to notify the Lane Metro Partnership that
these things are being considered and council and staff should have serious discussions about
that issue. We are in the first year of a three year contract period; however, the contract is
renewable each year. We do have the option of no longer funding this agency.
Mr. Kelly said he has prepared a letter to send to all outside agencies, with notice being given to
them that we are in a tight budget year and there could be cuts. If council approves distribution
of this letter, he would like to have this letter go out this month. The agencies would not, then,
be caught unaware in April or May when the Budget Committee reconvenes. As the Chamber
President, he met with the Springfield Chamber of Commerce executive board and the leadership
team of Lane Metro Partnership to discuss these issues. The Lane Metro Partnership plans to
give the Chamber their work plan showing they will be doing more recruiting.
Councilor Malloy would also like to know what we are getting from each organization. If the
city is not getting a return for its money, council needs to look at better ways to spend that
money. He also asked if there was any duplication in services. There is not.
Councilor Ballew said she would support Mr. Kelly sending the letter to the outside agencies
advising them there may be changes in funding from the city.
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Councilor Lundberg discussed MPC and some of the mandated projects they support. Some of
the other projects need to be examined to determine if they should be stopped or postponed until
more funding is available. She would like more feedback from LOC. One thing our legislators
told councilors at a past meeting was that the LOC should be working to help cities with issues
as they arise. She would like to see the~ plan and what we are buying.
Mr. Kelly said there is a TEAM Springfield meeting on January 24, which will include a report
from Ed Bergeron and the legislative session. Mr. Bergeron attended these sessions as a
representative of TEAM Springfield. The local legislators have been invited to attend this
meeting to give their view of the last session and what is on the horizon. That may be a good
time to ask those legislators about the issues with LOC.
Mayor Leiken feels the LOC has been invigorated with the new representative. The City of
Springfield may not be getting a lot of return for our money, but we may see some benefits. The
larger cities are more likely to receive the larger benefits. A phone call to legislators from the
Mayor or a city councilor would have more impact than having the LOC contact them. He noted
some of the benefits of being associated with LOC, such as their conference and the opportunity
to share with other cities in the same situation as Springfield.
Councilor Ballew said whether there are lobbyists or not, there is only a limited amount oftime
to get to your legislators. The value of the LOC is choosing which issues to pursue. You must
choose the issues that are the most important. She feels we do get value from LOC.
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Councilor Ralston said he is very familiar with two of these agencies because he serves on their
boards. They are currently working on their budgets and they, too, are facing large cuts. He said
the Human Services Commission (HSC) is very hopeful to retain the funding they have received
in the past because there is great need. He said Lane Regional Air Pollution Authority (LRAP A)
allows local control which is important to businesses. The money made by fees, stays in our
area. He said we could cut funding to LRAP A without a large impact. He said they are fiscally
responsible.
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Council Work Session Minutes
January 12, 2004
Page 9
Councilor Woodrow asked if the fact we no longer have a member on the LOC Board would
affect the services we receive from them.
Mayor Leiken said Gary Pape from Eugene took the place of Lyle Hatfield of Springfield on the
LOC Board.
Mr. Kelly said it is not often that Springfield does have a representative on the LOC Board. It
should not make a difference in services received.
Councilor Woodrow said he agrees with Mr. Kelly's idea of putting all outside agencies on
notice. We cannot increase and need to look at possibly decreasing.
Councilor Ballew said it would be valuable to know how our city employment would be affected
if we continue to fund these agencies.
Councilor Fitch asked if that could be discussed at the Budget Committee.
Mr. Kelly said at the Budget Committee meeting discussion will be held on our budget with a
fire district and without a fire district. Those two scenarios will be shown to the Budget
Committee and the different impacts each will have on the city organization. The service impact
will also be noted at that time. Council may choose to look at these fees to outside agencies in
relationship to those discussions. Council will have all the information needed at that meeting to
make decisions on this issue.
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Mayor Leiken discussed the Lane Metro Partnership and the disappointment in the work they
have done for Springfield. Economic development is positioned the way the State is positioned.
He feels we will rely on OECDD Representative, Bob Warren, more than anything else. We will
not be hurting in economic development if we choose to eliminate the service from Lane Metro
Partnership for a year. He said the name change from Eugene/Springfield Metro Partnership to
Lane Metro Partnership was not a good choice and has hurt the effectiveness of the partnership.
Councilor Fitch said perhaps tonight is not the time to make a decision on these fees and charges.
She agrees the letter from Mike Kelly to the outside agencies should be mailed. More
information will come forward on January 27 which will help in making decisions regarding this
funding.
Councilor Ralston said of the money received by HSC, half is from Community Development
Block Grant (CDBG) funding and the other half from the General Fund. He would like Housing
Program Specialist Kevin Ko to provide information for the Budget Committee meeting on what
Lane County and Eugene pay to the HSC. The amount Springfield contributes is small in
comparison to what we get in return.
Councilor Lundberg said she would like the HSC to take a look at how they solicit for their
contracts. They do not provide most of their own services; they are allocated to service agencies.
She would like them to look at who gets chosen and how those agencies are chosen. She said the
same is true with other agencies. Some changes may need to be made in this area.
Councilor Ralston said the HSC has streamlined their services already in many ways. He would
like to see an itemized list of all ofthe organizations and what they do for the HSC.
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Discussion was held regarding results based contracting and looking at results.
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Council Work Session Minutes
January 12,2004
Page 10
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Mayor Leiken asked if LRAP A was the only independent air pollution authority in the state.
That is correct and if they were dissolved it would be dissolved by Department of Environmental
Quality (DEQ). The DEQ does have a local office in Eugene.
Ms. Pappas summarized council's request. Prior to the Budget Committee Work Session on
January 27 she will prepare a communication packet memo that addresses the questions
regarding the money paid to these outside agencies, how it i~ being used and services provided.
Mr. Kelly discussed the joint public hearing that will take place with the Willakenzie Fire
District (WPD). Following the public hearing portion of the meeting, there will be a time for the
council and WPD board members to discuss issues within the intergovernmental agreement
(IGA).
ADJOURNMENT
The meeting was adjourned at 7:28 pm.
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Minutes Recorder - Amy Sowa
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Attest:
~l:e LD(( ~
.^.my ~0'.Ya
City Reeem:kr
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