HomeMy WebLinkAbout07/07/2008 Regular
City of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, JULY 7,2008
The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, July 7, 2008 at 7:00 p.m., with Mayor Leiken presiding,
ATTENDANCE
Present were Mayor Leiken and Councilors Lundberg, Ballew, Ralston, Woodrow, and
Pishioneri. Also present were Assistant City Manager Jeff Towery, City Attorney Joe Leahy, City
Attorney Bill Van Vactor, City Recorder Amy Sdwa and members of the staff.
Councilor Wylie was absent (excused).
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Leiken.
SPRINGFIELD UPBEAT
I. Com cast Donation to the Springfield Library..
Ms. Thompson asked Council to join her in thanking Com cast for their generous support of the
Library Summer Reading Program with a donation of$3000. She thanked the Mayor and Council
for the support they give to the Library by giving them Summer Reading t-shirts. The City
Recorder distributed the t-shirts to the Mayor and Council.
Ms. Thompson introduced Libby Steffen, Governmental Affairs Representative from Comcast.
Ms, Thompson said the Summer Reading Program was a reading incentive program for children.
With the grant they received from Comcast, each child that signed up to be a summer reader
received a free new book as a kick -off for their summer reading, Comcast also sponsored the
kick-off event. She explained the kick-off event that drew nearly 350 people to the plaza this
year, The Summer Reading Club was a lot of fun, but also served an educational purpose,
Children that read over the summer were able to maintain or increase their reading proficiency
and were better able to start school in the fall.
Ms, Thompson said the Summer Reading Program continued to grow. Last year, 1100 children
received a free book. This year, only three weeks into the program, they were nearly at that
number already. Comcast had been willing to grow the grant with the growth of the program,
Libby Steffen said on behalf of Com cast they were pleased and proud to sponsor a program that
encouraged and promoted literacy of our youth. She presented Mayor Leiken with a check for
$3000 to support the Library's Summer Reading program.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 2
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED
WITH A VOTE OF 5 FOR AND 0 AGAINST (1 Absent - Wylie);
1. Claims
a, Approval of the June 2008, Disbursements for Approval.
2. Minutes
a. June 2, 2008 - Regular Meeting
b. June 9, 2008 - Work Session
c. June 9, 2008 - Special Regular Meeting
3. Resolutions
a. RESOLUTION NO. 08-33 - A RESOLUTION TO ACCEPT PERMIT PROJECT
P30509; REYNOLDS FAMILY PROJECT.
b, RESOLUTION NO, 08-34 - A RESOLUTION TO ACCEPT PROJECT P20437; GAME
FARM ROAD SOUTH. SANITARY SEWER AND STORM TRUNK FROM HAND J
CONSTRUCTION COMPANY IN THE AMOUNT OF $550.934.09.
4. Ordinances
5. Other Routine Matters
a. Approval of the Liquor License Endorsement for Southwest Buffet & Family
Atmosphere, Located at 1537 Mohawk Blvd., Springfield, Oregon.
b. Award the Subject Contract to Eugene Sand Construction Inc, in the Amount of
$363,509.00 for Project P20545: 5th Street Overlay, Main to G Street.
c. Award the Subject Contract to Professional Underground Services in the Amount of
$436,621.68 for Project P20513: Sanitary Sewer Rehabilitation 2007.
d, Authorize the City Manager to Enter into a Contract with Kpff Consulting Engineers in
the Amount of not to Exceed $176,000 for Engineering Services for Land Use and
Project Plan Review.
e. Authorize the City Manager to Enter into a Contract with Balzhiser & Hubbard Engineers
in the Amount of not to Exceed $60,000; this Contract Expires on June 30,2009.
f. Authorize the City Manager to Enter into a Contract with Branch Engineering, Inc, in the
Amount of not to Exceed $60,000,00; this Contract Expires on June 30, 2009,
g, Authorize the City Manager to Enter into a Contract with Kpff Consulting Engineers in
the Amount of not to Exceed $60,000; this Contract Expires on June 30, 2009.
h, Grant Springfield Utility Board Right-of-Way Electrical Easements for Electrical
Infrastructure at the Perimeter of the Springfield Justice Center Site,
1. Authorize the Mayor to Sign a Contract with the Firm of Leahy, Van Vactor & Cox LLC
for General Counsel Services.
ITEMS REMOVED
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Council Regular Meeting Minutes
July 7, 2008
Page 3
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.
1, Liquor License Application for Jack Dugger.
City Attorney Joe Leahy from the City Attorney's Office presented the staff report on this item.
The owner, Jack Dugger, has requested the City Council to endorse his OLCC Liquor License
application for 535 Main Street, Springfield, Oregon 97477.
On the basis of the grounds found in the license refusal basis ofORS ~ 471.313(4), ORS ~
471.313(5), OAR ~ 845-005-0320, OAR ~ 845-005-0325, or OAR ~ 845-005-0326, or the license
restriction bases of OAR ~ 845-005-0355, the City of Springfield should recommend denial of the
liquor license application endorsement for Shakers (535 Main).
[For further discussion see Staff Report: Attachment 2 in the agenda packet]
Mr, Leahy referred to a binder that was provided to the Mayor and Council with information on
this item. Attachment I of the binder was the application, attachment 2 was the memorandum
from the City Attorney's office and the Building Official containing a recommendation. Mr.
Leahy noted that Dave Puent, Building Official; Jerry Smith, Chief of Police; and Bill Van
Vactor, attorney with the City Attorney's office; and Matt Doden, Law Clerk who assembled the
staff report, were available to answer questions, Mr, Doden would take Council through some
charts as part ofthe presentation.
Mr. Leahy said if Council had any questions of any of them, please ask at any time. The staff
report was completed Tuesday afternoon. Mr. Leahy called the applicant Mr. Dugger at that time
and the packet was picked up by Mr, Dugger that afternoon. Additional information had been
turned in from the Police Department regarding 411 Main Street. That information was
distributed to the City Recorder and Mayor and Council. Four additional copies were available
for the public. That additional material would be commented upon during the review of the charts
by Mr. Doden. Mr. Leahy referred to a memo in the Council packet under Correspondence and
Petitions from Leia Pitcher, attorney from Thorp, Purdy representing the Springfield School
District #19. Another item dated July 5 from Bob W. Mitchell, Ronald Smith, and Kim Scarcello,
was distributed to the Mayor and Council.
Mr, Leahy said his office had discussed the process for tonight, which he relayed to the Mayor,
Council and audience. Anyone wishing to testify needed to fill out a card. Cards would be called
by the Mayor in order of receipt. Everyone would have a maximum of three minutes. They would
strongly encourage those speaking to manage their time. He reminded the audience that the
Council members were volunteers and there were other items on the agenda, He asked that those
individuals who had something to add to the testimony identify their name and address and be
succinct and avoid redundancy. If someone who had spoken previously had captured their
thought they should say so and allow additional time for others to speak. Anything the citizens
could do to help the Council and themselves economize time, would be very beneficial to the
hearing.
Mr. Leahy said the hearing tonight was on the liquor license application for Jack Dugger at 535
Main Street. The owner had requested that the City Council endorse the Oregon Liquor Control
Commission (OLCC) application. A number of items flowed from this process that interested
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Council Regular Meeting Minutes
July 7, 2008
Page 4
citizens needed to understand: I) The Council was not making a decision. That decision rested
with the OLCC. The Council was simply making a recommendation; 2) The application was
about a liquor license; 3) The application was not about nude or partially nude dancing; 4) The
OLCC had criteria it used to determine whether or not an applicant received a liquor license. Staff
had reviewed those criteria. An examination of those criteria pointed to facts that must be
obtained and examined. They attempted to do that in the staff report submitted to Council. The
criteria must be applied to the facts. People testifying would be well advised to address the
criteria. He noted some of the criteria that OLCC would consider: 1) whether the applicant had
been convicted of a felony; 2) whether the applicant had violated liquor license laws of the State
of Oregon; 3) whether the applicant had maintained an unsanitary establishment; 4) whether the
applicant was not of good repute and moral character; 5) whether the applicant had a poorrecord
of compliance with the liquor laws of Oregon; 6) whether the applicant's establishment had a
history of serious and persistent problems; 7) whether the applicant had given false or misleading
information; 8) whether there was evidence of alcohol related problems at other licensed premises
of the owner; 9) whether the applicant's proposed business location was within 500 feet of
schools; 10) whether public interest or convenience did not demand granting of the liquor license.
All of those were criteria the OLCC would review and consider in reference to the facts presented
to them. He again referred to the separate memo from School District 19 regarding the business
location within 500 feet of schools.
Mr. Leahy said staffs analysis was set forth in Attachment 2 included in the agenda packet,
followed by 36 numbered exhibits. He called several of the exhibits to the Council's attention:
Exhibit 31 was 10 I comments received to date; Exhibit 31 A was a letter from Police ChiefJ erry
Smith; Exhibit 31B was a letter from Cheryl Leontina from the Emerald Arts Center; Exhibit 31 C
was a letter from Tom Draggoo, President of the Springfield Renaissance Development
Corporation regarding the Wildish Theater; Exhibit 31D was a letter from St. Vincent DePaul
Director Terry McDonald; Exhibit 31E was a letter from David Loveall, owner of two buildings
at 326 and 322 Main Street; Exhibit 31F was a letter from John Tamulonis, City of Springfield
Economic Development Director. Mr. Leahy noted that they did not plan to go through
attachment 2 as they had assumed the Mayor and Council had read the criteria and the facts
included. If they had specific questions on any of the criteria, Mr, Van Vactor, Mr. Doden or Mr.
Leahy could respond.
Mr, Leahy asked Matt Doden to present charts and other information. The information was also
available in smaller copies in their report.
Mayor Leiken asked Council to hold their questions if possible until after the public hearing in
the interest of time. If there were issues during the presentation, they could ask.
Mr. Doden introduced himself and said he was a law clerk with the City Attorney's office. He
said he would be reviewing two provisions relevant to ORS 417.313(5) and OAR 845.005.0326.
The provisions dealt with whether the applicant, at his current establishment or any other
previously owned establishment, had alcohol related activities that resulted in unlawful activities,
lewd activities, disturbances, whether the area itself was deemed a problem area. Most of the
information in the charts documented the unlawful activities the Springfield Police Department
helped the City Attorney's office gather. The first chart he discussed was on Exhibit 2E in the
binder. The chart showed the number of calls for service at the previous Shakers' location at 1836
South A Street, over the last five years. He noted that the data for 2008 was an estimate and the
data didn't start until June 2,2003, He then referred to the chart in Exhibit 2B, the number of
calls for service at the proposed Shakers' location, over the last five years. He then referred to the
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Council Regular Meeting Minutes
July 7, 2008
Page 5
chart on Exhibit 2A, calls for service within 500 feet of the proposed Shakers' location, Over the
last five years, 2892 calls for service occurred at that location,
Mr. Doden referred to the chart on Exhibit 2D, calls for service at Club 420 which was currently
owned by Mr. Dugger and would be relevant to the consideration of the OLCC. Within the last
five years, there had been 561 calls for service at that location. Since 2004, this business had been
in the top five for calls for service of liquor serving establishments, In Exhibit 7, the data revealed
that there had been more arrests at Club 420 from 2004 through 2008 than any other liquor
serving establishment in Springfield. He referred to the chart on Exhibit 2C, calls for service
within 500 feet of Club 420 over the last five years. There had been 13,615 calls for service
within 500 feet of Club 420.
Mr. Doden said the next series of data they gathered was based largely on anecdotal evidence
received regarding events people had witnessed in the area. Police pulled crime data regarding
specific crimes that may be occurring around Club 420. The first map was a landmark map
showing relevant locations that the OLCC would consider. These locations were relevant to OAR
subsection 0326 (proximity to schools). Two schools noted in the lower right of the chart were
located within 500 feet of the establishment. It also denoted with stars the downtown taverns in
the area, the Springfield Museum, the Emerald Arts Center, the Springfield Library, and the
Wildish Theater, many of which held child oriented activities, which the OLCC would consider
as relevant in deciding if this was a proper area for a liquor serving establishment.
Mr. Doden referred to Exhibit lB, prostitution arrests during the last five years in Springfield.
The larger the circle on the map meant the larger number of instances. One of the larger portions
of activity for prostitution in downtown Springfield was Main Street between 4th and 5th Street.
The next map was the same area, but zoomed in.
Mr. Doden said the next category of crime was assaults over the last five years as shown on
Exhibit lL, assaults in Springfield. Again the most significant area was between 4th and 5th on
Main Street. Exhibit I C showed the number of drug incidents over the last five years. The
primary area of activity was between 4th and 5th on Main Street. He referred to Exhibit IE, which
showed the number of fights, disputes and disorderly subjects. The primary area of activity was
Main Street between 4th and 5th Street. The final map, Exhibit ID, showed the number of found
syringes in the area over the last five years. Again, the primary area of activity was on Main
Street between 4th and 5th Streets,
Mr. Doden referred to two file graphs. He said after seeing this data, the City Attorney's office
questioned whether or not this was a center of activity among a larger area of activity, or if this
block had some unique characteristics compared to other blocks in the area, The Springfield
Police pulled data for calls for service block by block along Main Street. The comparison of those
blocks was in Exhibit 34A. Over the last five years, the most significant number of calls for.
service was in the 400 block. The next chart on Exhibit 34B showed type of crime block by
block. It should be noted that while the 400 block had 1283 calls for service, no other block had
more than 415, In regard to fights, disputes, disorderly subjects, assaults and drugs, the 400 block
had more activity than any other block combined.
Mr. Leahy asked Mr, Doden to discuss the exhibit distributed to the Mayor and Council at the
beginning of the meeting.
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Council Regular Meeting Minutes
July 7, 2008
Page 6
Mr, Doden said Club 420 was not the only liquor serving establishment in the 400 block. Also
located on that block was a club that currently went by the name of Stables, and had also gone by
the name of JT's Place and the Main Street Bar, The supplemental chart distributed to the Mayor
and Council showed the amount of calls that occurred at that location over the past five years,
While Club 420 had 561 calls for service over the last five years, the bar immediately next door
had 87 calls for service.
Councilor Pishioneri confirmed that every year these came up for renewal. Yes. Last year, Club
420 was specifically addressed by Council. He asked how the Council responded.
Mr. Puent said the Council made no endorsement to OLCC.
Mayor Leiken asked ifOLCC had granted them a license. Yes.
Mayor Leiken said there were a lot of people that wanted to participate so he reviewed the
process. He would open the comment period, allowing three minutes or less per person. He hoped
that if someone heard something that was similar to their own testimony, they would simply say
"ditto" or "pass". He thanked everyone for coming out tonight. If there was something important.
to the citizens of Springfield, they did come out to talk to the Council, and they appreciated that.
He said he would call people in the order their cards were received. He would use the timer to
keep to the three minutes.
Mayor Leiken opened the public hearing.
1. Kitty Wear, 2676 Carbona Street, Eugene, OR. Ms, Wear said she was a parent of two A3
students who had been in the area at night because of the many school activities at night,
especially at the Wildish Theater. They had come in contact with very intoxicated and
belligerent people who had been in the local bars, Ms, Wear said she was part of a project
where several people viewed Club 420 for a couple of nights. The number of people loitering
out front, drunk, and stumbling with interactions that appeared to be drug and prostitution
deals, was amazing, She saw in the paper that the owner of Club 420 had said he had
someone come out to tell people to stop loitering, but in the several hours each night she
observed the bar, no one came out and no one asked anyone to move. She was concerned
because there was very little parking in the downtown area, which meant people had to cross
school grounds in order to get into these locations.
2. Garry Weber, Springfield School Board Chair, 525 Mill Street, Springfield, OR. Mr. Weber
asked Dave Jewett and Leia Pitcher to join him at the podium. He said he was representing
the other members of the School Board: Jonathan Light, Laurie Adams, AI King and Nancy
Bigley. He wanted to let Council know.that as public officials representing this community of
68,000 members, including 11,000 school age children, the School Board unanimously took
action on a resolution in opposition to the location of Shaker's in downtown Springfield,
More specifically tonight, they requested the City Council send a recommendation to deny
the OLCC license. They encouraged the City Council to proceed in that matter and would do
whatever they could as a neighboring publicly elected body to assist.
3. Dave Jewett, Thorp, Purdy, Jewett Law Firm. Mr. Jewett said he had been part of this
community for over thirty years and was here on behalf of the School District. He said he was
part of a program to bring bright young lawyers to our community, such as Leia Pitcher, who
had graduated in the top 15% of her class from the University of Oregon and came to his firm
a few months ago.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 7
4. Leia Pitcher, Thorp, Purdy, Jewett Law Firm. Ms. Pitcher thanked the Mayor and Council
for the opportunity to represent the School District's concerns about Shaker's OLCC
application. The School Board passed a resolution requesting the Council recommend denial.
In addition to the grounds presented by the City Attorney's office, OLCC permits denial of an
application where the premises to be licensed was within 500 feet of a school and would
adversely affect the school. There were two schools within 500 feet ofthe proposed Shaker's
site; A3 and Gateways High School.. There were approximately 300 students in those schools,
including 50 that took night classes at Gateways. These students migrated throughout
downtown between A3, Gateways, the Wildish Theater, Emerald Arts Center, and the
Memorial Building, There was a real campus downtown with students between the age of 12
and 20 moving throughout the day and into the evening. These students also used publk
transportation to get to and from school. This was a particular concern because the proposed
location for Shaker's was between the Springfield L TD Station and the schools. These
children were trying to get an education at some of the most unique schools in the area. She
described the two schools. Exposing the students to the unhealthy environment described
with the illegal activities in that area was irresponsible. This was an atmosphere of excessive
drinking, solicitation, drugs and assault. Bringing that type of activity within 500 feet of two
of the most unique schools in the area was not just a detriment to the students, but to the
community as a whole. She urged the Council to please recommend denial to the OLCC
application. She also noted that as a separate government body, the School Board would
recommend to OLCC that they deny this application, She had a copy of the School Board
resolutions if they wanted to see it.
5. Laurie Adams, 2175 II th Street, Springfield, OR. Ms. Adams said she was on the School
Board, but was not representing the School Board, but rather her many constituents and
parents that hoped and prayed Council would deny this OLCC application. Ms, Adam~ said
she had lived in Springfield since 1965, and was part of a family that owned a downtown
business between 1933 and 1971. Their business became undesirable in downtown
Springfield and left downtown and moved to the outside oftown. She remembered when
Springfield was vibrant with businesses that drew people downtown. She didn't envision that
Springfield in the future, but believed in downtown Springfield and that it could be a growing
and exciting downtown. 1':Jany businesses had believed in downtown, including the School
District who had invested millions of dollars in urban renewal. She noted the many
businesses in downtown Springfield. The citizens of Springfield believed in this community
by passing bond measures for the City and School District, an Urban Renewal measure and
had said through their letters and phone calls that another tavern was not what they
envisioned. Shame on Mr. Dugger for thinking Springfield didn't have the self respect and
confidence to live up to its dreams, and for thinking he could set up shop in Springfield and
the community wouldn't say 'no thank you'. We weren't the Springfield of fifty years ago,
but we were the Springfield of 2008 and were proud of what we had accomplished and proud
of who we were, She asked the Council to say 'no thank you' to Mr. Dugger and his OLCC
request for another bar in downtown Springfield. The citizens needed the Council to help
them hold on to our dream for Springfield. ,
6. Jack Dugger, 38941 Wendling Road, Marcola, OR. Mr. Dugger said he didn't feel he had to
defend himself. He thanked Jerry Smith for smearing his name from information about his
felony from the past in 1969 when he was 18 years old. He said it had been left out that Mr. .
Dugger was 18 years old and had received a full governor's pardon. The charts were
incorrect. The 500 foot rule could be used for other bars next to the Museum and the bank,
The results would be the same for the other bars, He said he was not a one man crusade to fix
Springfield, but he did his best. When he met with Chief Smith over a year ago, he urged Mr,
Dugger to call the Police, but if he called the Police it was used against him. He referred to
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 8
another sheet that was missing from these facts that showed the number of calls relevant to
the operation of the business, which was a considerably lower number. He needed a location,
this building fit the criteria, and he wasn't thinking there would be any opposition because
there was nothing on the outside of the building that would offend anyone. The clientele that
Shaker's attracted was a totally different clientele than what was normally seen on downtown
Main Street. He said people were judging him before even knowing him, calling him
unreputable, He moved to end this discussion and take it where there was an unbiased
opinion. He noted that no one had approached him with any other solution.
7. Trent Dugger. 2463 34th Street. Springfield. OR. Mr. Dugger said he was proud to say that
Jack Dugger was his father, There were two men he looked up to in this world, his Dad and.
Grandfather. Ifhe could become half the men they were, he would be doing pretty good. He
sat by and watched the City Council and the media drag his father's name through the ringer.
In his life, he had never wanted to have to speak publicly, but today was different. He wanted
everyone to know that the slander and allegations were unfair and undeserving, The City and
the media had portrayed his dad as a person of low moral character and he was here to
protest. Having served in the United State Marine Corp, he took that as a personal attack. His
father had raised three kids to be honest, hard working and fair, even with the realization that
life was not always the same in return, Mr. Dugger (Trent) said he had served honorably for
this country's freedoms and he didn't feel his service for those freedoms should be abused by
some pencil pusher in an elected position, He had three kids of his own and had been married
for over nine years, He hoped that his children would never have to see their father go
through this type of harassment. He didn't see how making Jack Dugger the scapegoat for all
the City's problems could solve this matter. He commended his father for his courage to
stand up to this type of criticism. He thanked his father for showing him how to stand up and
not get pushed around just because of his or her stature. He said they would never be able to
fix the problems downtown by sitting in a chair and pointing fingers.
Mayor Leiken reminded the audience to show respect for all the speakers. He referred to
comments made when Mr. Dugger spoke, Showing respect had been a tradition in this
community for a long time, whether you agreed or disagreed. He asked the audience to keep their
comments to themselves
8. Patrick Haves. 712 Oakdale. Springfield. OR, Mr. Hayes said he was an employee of Jack
Dugger, Many people were pointing fingers and trying to place blame on Mr. Dugger. He
said he couldn't control what happened outside of his establishment. They tried to control
what happened in their establishment and had been told to call the Police, but now that was
being used against them. There were other businesses around their establishment that didn't
do anything to help the neighborhood be better. He noted the number of employees that Mr,
Dugger kept working so their families didn't have to live off the State, It was not fair to
blame him. for all of the downtown issues, They were not running ads trying to bring drug
addicts to their facilities. They called the Police all the time to try to clean up their area. They
didn't overserve people, but did their job, were respectable and were making a living. He said
this felt like a witch hunt. It was a good business Mr, Dugger was trying to bring downtown,
9. Julie Hunt. 38941 Wendling Road. Marcola. OR. Ms. Hunt said the facts and information
from the Police Department were false and misleading, Information from the Fire Department
was false, misleading and incorrect. She said if people did their own research, which she did,
they would see the information was incorrect. She said she was not the fIrst person to make
statements before the Council that the facts'were incorrect. An article in the paper said an ex-
city councilor noted that the information about the downtown urban renewal measure was
incorrect. She didn't understand how the Council could make a decision on a motion that was
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Council Regular Meeting Minutes
July 7, 2008
Page 9
just put on the agenda today without hearing any of the information, She said the Police listed
Club 420 whenever there was an arrest anywhere near Club 420. She referred to an incident
of someone receiving a ticket for driving while suspended. The gentleman that got the ticket
was in the audience. He was not on Club 420 property at the time, but was going down 4th
Street and turning on an alley, nowhere near Club 420. The Police put Club 420 down as the
address. There was another incident of a hit and run by the Dari Mart at 18th and Main. There
was incorrect information on that report, Council needed to find out the facts before making
their decision.
10. Mary McDonnell, 1135 North B Street, Springfield, OR. Ms. McDonnell said she fully
agreed with everything said by Jack and Trent Dugger, as well as Julie Hunt. She didn't
understand why the City was trying so hard to attack a man that had done nothing wrong, He
just wanted to succeed in a business in downtown Springfield.
11. Darcy V. Wilt. 92175 Marcola, OR. Mr. Wilt said he had known Jack Dugger for 35 years.
Mr, Dugger had great integrity, was honest and hard working, and had raised three kids on his
own. He had been a good friend. Mr. Wilt said he was sort of the unofficial Mayor of
Marcola and wished they had a similar business in his town, supporting that community. He
felt Mr. Dugger was getting a bad shake here.
12. Lynn Schutte, 36777 Wheeler Road, Pleasant Hill, OR and Ann Elliott, 35578 Westminster
Street, Pleasant Hill, OR. Ms, Schutte said they attended Ebbert United Methodist Church on
the comer of 6th and C in Springfield. The women sang a temperant song. They asked
Council to please say no to Dugger's Liquor License proposal.
13. Arline Link, 564 66th Street, Springfield, OR, Ms. Link said she was not here to attack
anyone, but to testify regarding an incident that happened to a friend of hers from Eugene,
This friend parked her car on 4th Street (Springfield) to go to Econo Sales and before she got
to Main Street, an intoxicated man propositioned her, and it scared her. The extra liquor and
. aroused men made downtown an unsafe place for ladies and that was her concern. The goal
of TEAM Springfield was to have a safe place to. live, but with more liquor and intoxicated
people around, it was not safe,
14. State Senator Bill Morrisette, 348 G Street, Springfield, OR, Senator Morrisette talked about
what the City could do and what they couldn't do. What the City could do was use the urban
renewal resources to create in that building a business that would be very unique to
Springfield, such as a bakery, ice cream store or coffee shop. They could take it for a non-
profit. As a senator, he worked for funding for the Emerald Art Association and St, Vincent
DePaul. While talking with the community development person in Salem about getting some
additional money for St. Vincent's thermal water process, this person asked him, "When are
you going to do something about prostitution (in downtown)?" He said he was very offended.
He noted that strip joints attracted prostitutes. He told the person at the State that if we could
convince the OLCC to close some of these places down, we could do something about
prostitution, There were two things the legislature could do, When he was Mayor, he testified
before the OLCC about not issuing a license in that same location. He introduced a bill that
the OLCC would follow the direction of the local jurisdiction, but that didn't go anywhere, so
he added "unless they had a compelling reason not to", which meant they would have to
explain exactly why they were not following the recommendation of the jurisdiction, He said
he would be introducing that bill again. He felt the local jurisdiction should be able to carry
some weight with the OLCC. He said he would also introduce a constitutional amendment
that would allow zoning of sex shops. The Supreme Court allowed that; however, Oregon's
Constitution needed to be changed.
15. Alethalou Harmon, 145 Pioneer Parkway East, Springfield, OR, Ms, Harmon said she was
before the City Council about three months ago with concerns, Those concerns were
addressed and received and the City officials had come through with flying colors. There
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Council Regular Meeting Minutes
July 7, 2008
Page 10
were now beautiful flower baskets and signage downtown. She appreciated that Council
heard her and responded to her. On the same hand, the City had done so much work in
putting a Farmer's Market together, having the Wildish Theater as a vital part of downtown,
there was hope for downtown. The business that wanted to come in was inappropriate and not
functional to what was wanted downtown. She agreed with the woman who spoke about her
friend who felt uncomfortable coming downtown. She fought that all the time. She wanted
them to think of downtown Springfield like people thought of Old Town Florence; of the
shops. They had bars in Florence, but they were doing something right. We needed to do the
same thing. The City had taken so many steps in the right direction. She asked Council to
please not allow this to happen.
16. Deanna Remior, 2681 Garson Lane, Springfield, OR. Ms. Remior said she didn't understand
why there were small children in the audience, as it was not an issue for small children. She
spoke on behalf of Mr. Dugger's character, She said a few years ago she had filled in at the
old Main Street Bar and Grill. She was by herself, and Mr, Dugger came in and checked in on
her and tried to clear the sidewalks, This reminded her of five years ago when the County
issued a subdivision to go in by Monaco or Country Coach. People complained of the smoke
and noise, but those industries were already there when the residents moved in, This bar had
been there for many years. Mr. Dugger was a very thoughtful individual and she would be
proud to work for him.
17. Michael Moreno, 210 Main Street #B, Springfield, OR. Mr. Moreno thanked the Mayor and
Council for their time and serVice. He talked about Mr. Dugger's sign on his window. The
sign mentioned the $300,000 taken in by lottery machines, but in his opinion, the majority of
that money was put in by people that couldn't afford it. Mr. Dugger's employees were not on
State services, but the people they affected were. He felt that many of the women that worked
at this type of establishment were supporting drug habits of themselves or their boyfriends, It
was not a good thing. Those kinds of businesses hurt families and kids. He wanted to get rid
of those places in downtown. We were on the right track.
18. Terry Corris, 497 N. 68th Street, Springfield, OR. Mr. Corris thanked the City Council and
City Attorneys for their work pertaining to Shaker's Club review. He also thanked the
parents, students and community members that had gotten involved in the process to
revitalize this great city. Mr. Corris said he was the father of a student at the A3 School, a
Springfield resident for over fifteen years, a small business owner and a citizen that had voted
for the Springfield urban renewal bond. Over the past month and a half, many parents,
students and community members had been working hard to get the word out about the
negative influence patrons ofthese strip clubs contributed to our City. According to Police
records, these clubs had more complaint calls for Police action than any other segment of the
City of Springfield, Students selling tickets at the Wildish Theater had been hassled by
individuals that had been on some sort of drugs. This was occurring before Shaker's was even
opened. He asked what would happen when drunks came out of Shaker's all worked up from
watching strippers and see the school's young adult women, What about grown women who
were dressed up to attend a show at the Wildish? Would they have to be escorted to their
cars? How many residents that lived near these establishments had problems with the patrons
of these businesses? Homeowners and apartment tenants of downtown Springfield had shared
that they had found people having sex in their garages, yards, and a constant supply of used
needles and trash. The average age of patrons at strip clubs was 21 through 35, versus non-
nude clubs that average 21 through 76 years old. The gender of strip clubs wass mostly male,
whereas in bars, the crowd was of mixed-gender, Parking was also an issue, causing the
Wildish Theater, Emerald Arts Center, and many small businesses to contend with even
fewer spaces. He noted the many restaurants that had closed over the years due to lack of
customers. He asked how a city could prosper with this type of element. Why would any
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 11
business want to locate here only to watch their hard earned money go down the drain? The
town of Springfield was growing and giving Eugene a scare and a run for their money, yet
Springfield was still viewed as a City that loved strip clubs, bars and businesses that failed
due to lack of customers. As a City, we had been turning this image around with the addition
ofthe Wildish Theater, A3 School, Emerald Arts Center and affordable housing, He was only
concerned because of the element this type of business brought around and how that element
tended to bleed around the good people of Springfield. Downtown Springfield had the
potential to be a vibrant thriving area of our great town, but we needed to make it a friendly
place that attracted families, businesses and encouraged our great City leaders to spend
valuable time to accomplish this goal.
19. Michelle Mortenson, 8344 McKenzie Highway. Springfield, OR. Ms. Mortenson said she
had a daughter that attended the A3 School (the digital recorder stopped here due to
malfunction). The safety of the students was a concern for her. She discussed a recent
incident in downtown where she was approached by someone selling drugs. She said one of
the businesses downtown had posted a sign to watch for prostitutes. Strip clubs attracted these
types of activities. She asked Council to please oppose this application.
20. Maxwell Tolle, 2495 16thStreet, Springfield, OR. Mr. Tolle said he had grandchildren he
was concerned about. He was opposed to a business like Shaker's and felt it did not need to
open next to a school. We needed to protect the kids, not the bar. He would not spend a dime
at that establishment.
21. Caroline Rollier, 4885 Aster Street, Springfield, OR. Ms. Rollier said she had a daughter at
the A3 School. Her daughter was aware of the activities that went on downtown and was
instructed never to walk alone. Her daughter had been approached by people pushing drugs,
She asked Council to recommend denial of the application to the OLCC. The community
needed to step up and clean downtown.
22. Kathryn Crabtree, 446 24th Street, Springfield, OR. Ms. Crabtree said she frequented Club
420, and said there was drug activity there all the time. Her niece had dealt drugs there and
was now serving time in prison. Ms. Crabtree said she was opposed to granting this liquor
license because she didn't feel things would change. She said the bartenders did their best to
keep illegal activity from occurring, but there was a concentration in that area of drug
activity.
23. Tina Sousely, 446 24th Street, Springfield, OR, Ms, Sousely said she also went to Club 420
every once in a while. While there, she had many.people ask if she wanted to buy drugs. She
was currently in recovery, but knew that the place to get drugs was Club 420.
24, Julie Lopez, 91628 Donna Road, Springfield, OR. Ms, Lopez said she agreed with Terry
Corris and asked the Council to please vote no. She had two children at the A3 School, and
felt it was not safe downtown, She agreed with urban renewal, but this business was not a
good addition to downtown.
25, David Lanning, 6806 C Street, Springfield, OR. Mr. Lanning said he was a pastor at the
Springfield Faith Center. The safety of our children should be paramount. If the City had
allowed schools to be placed downtown, then they had a responsibility to keep the children
safe. He asked that Council not approve this liquor license application, Mr, Lanning said he
grew up in Springfield and remembered what it used to be like downtown. Over the years it
had deteriorated and that needed to change. The City Council was doing a great job in the
changes that were taking place, but businesses like this would work against downtown being
the marquis it could be. The issues of drug addiction and prostitution needed to be addressed.
We needed to make an investment in Springfield, He asked Council to do what they could to
stop a license being given to this business. .
26. Emily and LaDonna Cooper. P.O. Box 378, Springfield, OR. Emily said as a young woman,
she frequented businesses downtown. She didn't feel safe walking near the bars. The City had
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 12
cleaned up in several areas, but a bar would bring unsafety to Springfield. Ladonna said she
and her sister, Emily, felt unsafe when walking past the bars. They couldn't walk downtown
after 6:00pm without being harassed.. The people from the bars migrated to other areas of
downtown. She requested Council recommend denial for a liquor license for another bar in
downtown.
27, Jamie O'Connor, 1135 North G Street, Springfield, OR. Ms. O'Connor talked about
discrimination. She read an excerpt from the newspaper regarding Mr. Dugger, She said it
was discrimination against one bar owner and not other bars in the same area. There was a
two inch binder on Mr. Dugger's background, history of activity, and breaking laws. She
asked if they had looked at the facts because one sheet showed much less activity at Mr,
Dugger's bar. She said there were more arrests for prostitution near Springfield High School.
All of the evidence was based on OLCC criteria and was discriminating. She noted that one
of the bars right next to the school must have abided by OLCC rules. She said that as an
employee of Club 420 she had told people to stop loitering outside of their establishment. The
people that worked there tried to take care of that.
28. Fred Simmons, 312 South 520d Place. Springfield, OR. Mr. Simmons said when Eugene was
dry and Springfield was wet, many people came to Springfield for drink. The fIrst
amendment regarding adult entertainment was well settled, and was not an issue to debate,
The issue was where the City wanted to go with downtown. If Mr. Dugger wanted to open his
bar, he must be judged on past experience and testimony from citizens. He didn't like Club
420, but felt it was a mistake to build schools within 500 feet of establishments that were
already serving alcohol. Ifhe was on the Council, he would vote to deny based on the facts
and what needed to be done downtown. Many would be in support of buying that property
and putting it to better use. The decision needed to be based on facts, not based on Mr.
Dugger and the type of establishment. He recommended Council vote to deny the application
then move forward.
29. Dan Brandel, 353 South 68th Place, Springfield, OR. Mr, Brandel said he was a pastor at
Valley Hills Community Church. Six students from the A3 School were in the youth group at
his church and they had big concerns about this bar going in downtown. This issue was not
about Mr, Dugger or freedom of expression, but what was best for the City of Springfield,
listening to the voters to continue that process, and keeping students and citizen's safe. He
asked Council to do the right thing by recommending denial.
30. John Thomas, 2130 Ridgeway Drive, Eugene, OR, Mr. Thomas said he was the Chair ofthe
downtown urban renewal committee and served on the A3 Board. He had lived here for many
years. He noted that the people in this room weren't pointing fingers, were not being paid,
and wanted to take the downtown back. We couldn't legislate morality, He said that Chief
Smith spoke the truth which was critical for Council to make their decision, A bar in and of
itself was not wrong, but the cost to downtown was huge. Council had the power to convey
that to the OLCC,
31. Dan Egan, 850 N, 6th Street, Springfield, OR. Mr. Egan said he represented the Springfield
Chamber of Commerce and had submitted two letters on this issue. This was not a new topic
for downtown. Our downtown had been sad and unsafe, and it had been hard to stop that. It
had taken the efforts of the City Council and many others. The signal to the private sector
was that we were trying to make it a better place. There was a reason why some people didn't
get their OLCC license renewed, and this was one, He reminded Council that the Wildish
Theater was formerly Club 101, The SpringfIeld Renaissance Development Corporation
bought that property to make a statement about what they wanted downtown. There was great
promise in downtown. He asked Council to please reject the application.
32, Jesse Day, 109 S, 14th Street, Springfield, OR. Mr, Day said he was ashamed to be a business
owner in Springfield. He said that Mr. Dugger had done nothing to this community but build
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 13
it up, When Mr. Day bought his bar (formerly The Woodsman) customers and employees
alike were drug addicts, but now he has cleaned that up..The only thing the City was doing
was hurting the community, There were bars within blocks of churches, Residents lived all
around his establishments. The businesses should have rights, because the City had rights.
Mayor Leiken closed the public hearing.
Councilor Pishioneri said he had no questions or comments at this time,
Councilor Woodrow said he had no questions. He said this was not awitch hunt, but rather a
matter of what the citizens had requested in the criteria presented to Council.
Councilor Lundberg said she had a background downtown having once owned a business
downtown. She discussed the A3 School locating downtown and the desire for school to be a
positive experience for students, The current climate of downtown was not comfortable. She
noted that because of the criteria and information presented, she was not supportive of putting
more of an interface from this type of establishment with the students, She wanted the kids to be
downtown, She was not opposed to bars, but there was a concentration of bars and issues in the
400 block. There was a proximity issue at that location and she did not want to support something
that would continue that trend, She did not want to support this application. She said she had been
a proponent of looking at who owned the buildings and of the City taking ownership of some of
those places to complete the transition of downtown.
Councilor Ballew said the information was compelling to recommend denial of the application.
There was community resistance, information put forward that supported the statements that there
was an unsanitary business, and noncompliance with a business plan, She would be compelled to
recommend denial.
Councilor Ralston referred to testimony from Jamie O'Connor about arrests near Springfield
High School for prostitution and asked if that information was correct.
Chief Smith said it was not.
Councilor Ralston said he was surprised that Mr. Dugger had not been approached with other
options. He thought the City lJ.ad done that and felt that was an opportunity. He said he was not
prejudiced against his establishment, but this was within 500 feet of a school and was not the
direction the community wanted to go, There were a lot of drug and alcohol related issues, as well
as prostitution in this area. He would not be supportive of recommending renewal of this license,
Councilor Pishioneri said the Council needed to look at the facts that this was a license issue, not
a personal issue, Council needed to look at this liquor license application based on the facts
presented. He said he had actually been looking for reasons to allow it, but he couldn't find any,
He would recommend denial.
Mayor Leiken said Council was only making a recommendation. He asked Mr, Puent about
OLCC interviewing Club 420 last year and if a plan had been set. He asked for any additional
information regarding that plan.
Mr. Puent said representatives from OLCC and the Springfield Police met with Mr. Dugger, but
Mr. Puent was not aware of the specifics of the meeting or the plan.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 14
Mayor Leiken said based on the foregoing information, it was important to look at Mr, Dugger's
current OLCC license at Club 420. The City Council tried to send a message last year to OLCC to
deny his license for Club 420 and didn't get any action. If the City felt they had been ignored
again, he felt he needed to notify the Governor.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO DENY THE LIQUOR LICENSE ENDORSEMENT FOR JACK
DUGGER AT 535 MAIN STREET, SPRINGFIELD, OREGON. THE MOTION PASSED
WITH A VOTE OF 5 FOR AND 0 AGAINST (1 Absent - Wylie).
Mayor Leiken thanked everyone for coming out this evening.
Mayor Leiken called a five minute recess at 8:45pm.
Councilor Pishioneri left the meeting during the recess.
Council reconvened at 8:55pm
Mayor Leiken commended the Council and the citizens. Most of them testified on the criteria,
2. Council Initiated Amendment to the Metropolitan Area General Plan Diagram, Case Number
LRP 2008-00008.
ORDINANCE NO. 6223 - AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD
METROPOLITAN GENERAL PLAN DIAGRAM BY REDESIGNATING 8.79 ACRES OF
LAND FROM LOW DENSITY RESIDENTIAL (LDR), TO MEDIUM DENSITY
RESIDENTIAL (MDR): AND DECLARING AN EMERGENCY.
City Planner David Reesor gave a brief summary of his staff report on this item. He noted the
criteria of approval listed on the wall behind Council. He read those criteria. The current Metro
Plan Diagram designates properties in the subject area as LDR, while the existing zoning and
much of the development of the area is primarily MDR. This Plan/Zone conflict is the result of
the adoption of the present Metro Plan diagram (c. 2004) which designates these properties LDR
even though all previous actions by the Planning Commission and City Council established MDR
as the appropriate designation for this area.
This Plan/Zone conflict was initially brought before the Planning Commission during a work
session on Aprill st, 2008 and the City Council on April 21 st, 2008, after which the City Council
initiated a Metro Plan Diagram Amendment. This issue came to the City's attention when a
property owner in the subject area inquired about future development potential of his property.
The Planning Commission and Staff discussed the planning history of this area including
previous actions that resulted in upzoning property from LDR to MDR and the subsequent MDR
development that followed. Staff mentioned that these earlier zone changes were based on Plan
diagram interpretations of an earlier version of the Plan diagram.
After the City Council initiated this Plan Amendment application, City Staff conducted a
neighborhood meeting for properties in and around the affected area on May 29th, 2008. Two
property owners attended the meeting - one property owner within the subject area; and the other
property owner just west of the subject area. No concerns were raised,
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 15
June 17th, 2008, the Planning Commission held a public hearing on the proposed Plan Diagram
Amendment. No public testimony was received and no concerns were raised, The Planning
Commission deliberated and voted 6 in favor, 0 opposed, and 1 absent to forward a
recommendation of approval to the City Council.
The designation of this area became an issue because the new Plan diagram is decidedly more
precise in appearance and projects more locational certainty than previous Plan diagrams. In
particular, it would be difficult to conclude that Rainbow Drive is not the east-west dividing line
between MDR and LDR designations even though past land use actions, including MDR
development west of Rainbow, contradict such a conclusion. The former Plan diagram was
vague about the relationship between Rainbow and an MDR/LDR dividing line, but the Council
at that time was persuaded that the diagram, the text and the circumstances present in that area
supported an MDR determination west of Rainbow Drive. Given the history of past development
and zone change approvals in the area and findings in the attached Staff Report which support the
proposed Plan Amendment, Staff and the Planning Commission recommend approval of this
Council initiated Amendment to the Plan Diagram. Given the circumstances, including (I) length
oftime to resolve the issue, and; (2) upcoming summer recess for Council; Staff requests that the
Council adopt this Ordinance by emergency,
Similar Plan/Zone conflicts exist throughout Springfield. As previously mentioned to Council,
Staff will provide the Planning Commission and Council with a number of options for reconciling
any Plan/Zone conflicts that may exist as we update our land use data records during the HB 3337
inventory work.
Mr, Reesor noted that staff recommended approval.
Mayor Leiken said one of the properties listed was owned by his mother-in-law and father-in-law,
and the Mayor had partnered with them on this property and received financial benefit. Because
of that, he recused himself from this item on the agenda,
Council President Lundberg presided over this part of the meeting.
Councilor Ballew asked if there was any opposition, No.
Council President Lundberg opened the public hearing.
Noone appeared to speak.
Council President Lundberg closed the public hearing.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
BALLEW TO ADOPT ORDINANCE NO. 6223. THE MOTION PASSED WITH A VOTE
OF 4 FOR AND 0 AGAINST (2 Absent - Wylie and Pishioneri).
Mayor Leiken returned to preside over the rest of the meeting,
3, Annexation of Territory to the City of Springfield (Franklin BoulevardlGlenwood
BridgelWillamette River) - Case Number C SP 2008 - LRP2008-00006.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 16
ORDINANCE NO, 6224 - AN ORDINANCE APPROVING THE ANNEXATION OF
CERTAIN TERRITORY TO THE CITYOF SPRINGFIELD AND THE LANE COUNTY
METROPOLITAN WASTEWATER SERVICE DISTRICT: AND WITHDRAWING THE
SAME TERRITORY FROM THE GLENWOOD WATER DISTRICT AND DECLARING
AN EMERGENCY.
Planning Supervisor Jim Donovan presented the staff report on this time. Mr, Donovan noted that
he was proud to work for the City and the Council, and proud of the way we did business. Mr.
Donovan reviewed the new annexation law that went into affect for Springfield with the
elimination of the Lane County Boundary Commission. An intergovernmental agreement (IGA)
was signed with the Lane County Metro Wastewater Service District (MWSD) and the
Willamalane Parks and Recreation District so that as Springfield annexed property, it could be
done concurrently with those districts. The annexation was a three part process: 1) annexing
property to the City of Springfield; 2) annexing to the Lane County Metro Wastewater Service
District; and 3) moving the property from special service districts to City services.
Mr. Donovan .said this annexation request was initiated by City Council Resolution No. 08-06 on
March 17,2008 (Attachment 3, Exhibit B in the agenda packet). The annexation area includes
Franklin Boulevard right-of~way, a portion of the Glenwood Bridge, and a portion of the
Willamette River.
The annexation area is about 19l;4 acres in size and is public right-of-way (Franklin Boulevard,
::l:12,80 acres; Glenwood Bridge, ::l:5,OO acres) and waterway (Willamette River, ::l:1.45 acres).
Urban services, primarily public safety services, are desired for this portion of the Franklin
Boulevard transportation corridor. The Staff Report (Attachment I in the agenda packet) includes
an analysis of the annexation request and recommended Council actions. Maps of the annexation
area are Attachment 2 of the agenda packet.
The requirements in Springfield Development Code (SDC) Article 5,7 are addressed in Staff
Report. The annexation area can be served with the minimum level of key urban facilities and
services as required in the Eugene-Springfield Metropolitan Area General Plan. Services are
immediately available or can be provided in a timely manner.
The Director's recommendation to the City Council is to (a) approve the annexation of territory to
the City of Springfield and Lane County Metropolitan Wastewater Service District; and (b)
withdraw the same annexation area from the Glenwood Water District.
The City Council is authorized by ORS Chapter 222 and SDC Article 5.7 to accept, process, and
act on annexation requests initiated by City Council resolution.
If approved with an emergency clause, the annexation will become effective immediately upon
signature by the Mayor consistent with SDC 5.7-155 and ORS 222.040, 222.180, and 222.465.
Based on this method of initiation, an election on the question of annexation is not allowed.
The annexation area includes public facilities and waterway and is located inside the urban
growth boundary (UGB), The current City limits run along the eastern boundary of the site,
Urban services-primarily public safety services-are desired for this public infrastructure,
There is no assessed value attached to public right-of-way or waterway. Emergency adoption of
the ordinance allows the area to be served immediately,
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 17
Councilor Ballew asked if taking this action completed the annexation action,
Mr. Van Vactor said that was correct.
Councilor Ballew confIrmed that the next step would be filing this information with the Lane
County Assessor's office and other affected agencies.
Mr. Van Vactor said that was correct. He noted that withdrawal from the water district didn't take
place until July I of next year due to timing.
Councilor Ballew asked about the Lane County Metro Wastewater Service District. She said she
thought we weren't a district, but rather functioned under an IGA.
Mr. Van Vactor said it still existed. He explained the history of that district. He said at some
point, the MWSD could be suspended.
Councilor Ralston asked if annexing this property to the City affected who was responsible for
maintenance of the bridge or roadways.
Mr. Donovan said the maintenance agreements with the Oregon Department of Transportation
(ODOT) were unaffected. The main thing changing was law enforcement. Everything the Lane
County Boundary Commission formerly did behind the scenes was now being done by City staff.
Former LCBC staff member Paula Taylor was on contract to the City helping staff through this
process, Ms. Taylor was present in the audience.
Mr. Donovan noted that all three annexation ordinances had emergency clauses. There was a 90
day prohibition for annexations prior to a General Election and the November 4 election date did
affect these annexations if processed without an emergency.
Mayor Leiken acknowledged that City staff was taking the information that had been used for this
process by the LCBC and implementing it in our new process.
Councilor Lundberg asked about law enforcement and addressing issues at the bridge.
Chief Smith said it meant that Springfield police officers could impose City ordinances, such as
public drinking, loitering, etc, Prior to the annexation, Springfield Police could not enforce any
City ordinances as it was out of our jurisdiction.
Mayor Leiken opened the public hearing,
I. Gail Slater, 546 F Street, Springfield, OR, Mr. Slater said he and his wife had lived in
Springfield and enjoying-it in general for three years, They were victimized within the fIrst
year by a group of transients that drifted in and out of some apartments on 5th Street. He made
the observation that these same transients camped under the bridge area. Also during their
first year in Springfield, they were disturbed to see a parade of aggressive criminals, who
were transients, performing illegal activity, He described some of those things he had
witnessed and said he and his wife were shocked when they saw these things, They called for
help, but to no avail. Mr. Slater said he currently worked with public health for Lane County.
This area was a public health hazard, because there was no sewer and no garbage control. The
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 18
bacteria from the sewage would be going into the Willamette River. He had heard stories of
cleanup activities rmding syringes along the river. The thefts and vandalisms were connected
with the transients under the bridge. He reiterated the issues; crime, po~lution, assaults, drugs,
and alcohol. He asked the Council to take hold of this situation because no one else had or
would,
2, Fred Simmons. 312 South 52nd Place. Springfield. OR. Mr, Simmons said he was supportive
of the intent, but not the specificity of the action. He felt it brought forward some
constitutional questions that could come before the courts. He said to be prepared to deal with
those issues when they used this as a methodology for dealing with the transients. He said to
beware of the unintended consequences. When Bright Oaks closed, they moved the transients
from the east side of the park to the west side, He asked where they would move when they
eliminated the opportunity for them to use that area. He said to take a positive action by
annexing, but figure out how to deal with the issues. The City was never going to make
Glenwood into the good it could become without getting rid of the transient situation. He
cautioned them to be very careful when sending out employees to that area to make sure they
had the proper safety equipment for collecting needles, It was an extremely dangerous place
for public health. He encouraged Council to approve the annexation, but to be aware that it
could move the problem elsewhere.
Mayor Leiken closed the public hearing.
Mayor Leiken thanked staff for an extraordinary job and moving forward on this. He thanked
ODOT for working with the City on this, especially the local office.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ADOPT ORDINANCE NO. 6224. THE MOTION PASSED WITH A
VOTE OF 5 FOR AND 0 AGAINST (2 Absent - Wylie and Pishioneri).
4. Annexation of Territory to the City of Springfield (57th St Prop LLC - Case Number C SP
2008 - LRP2008-0000 I).
ORDINANCE NO. 6225 - AN ORDINANCE MODIFYING AND APPROVING THE
ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD. LANE
COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT. AND
WILLAMALANE PARK AND RECREATION DISTRICT: AND WITHDRAWING THE
SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION
DISTRICT AND DECLARING AN EMERGENCY.
City Planner Andy Limbird presented the staff report on this item. The property owner has
requested annexation of a 1.51 acre parcel located at 725 South 57th Street (Map 18-02-04-11,
Tax Lot 4600). As submitted by the owner, the annexation area comprises a single tax lot and
contains a single-family dwelling. The purpose of the annexation is to allow connection of the
existing house to City sewer and water, and to facilitate future development although no specific
development plans have been submitted at this time. The attached Staff Report (Attachment I in
the agenda packet) includes an analysis of the annexation request and recommended Council
actions. Maps of the annexation area, as submitted, are included with the Staff Report
(Attachment 2 in the agenda packet).
The annexation area can be served with the minimum level of key urban facilities and services as
required in the Eugene-Springfield Metropolitan Area General Plan, Services are immediately
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 19
available at the property frontage, and for this reason it is the determination of staff that an
Annexation Agreement is not required, The west property line of the annexation area is separated
from the City limits by an unincorporated, lO-foot wide segment of South 57th Street. To the
north and south of the property, the entire street right-of-way for South 57th Street is inside the
City limits. It is recommended that this segment of South 57th Street be included in the
annexation to eliminate the potential for a remnant portion of unincorporated street right-of-way
surrounded by the City limits.
The Director's recommendation to the City Council is to (a) modify the annexation area to
include the lO-foot wide strip of South 57th Street adjacent to the subject property, (b) approve the
annexation of territory, as modified,. to the City of Springfield, Lane County Metropolitan
Wastewater Service District, and Willamalane Park and Recreation District; and (c) withdraw the
same modified annexation area from the Willakenzie Rural Fire Protection District.
The City Council is authorized by ORS Chapter 222 and SDC Article 5,7 to accept, process, and
act on annexation requests from property owners (Attachment 3, Exhibit B in the agenda packet).
Without an Emergency Clause, the annexation will become effective the day following the next
election cycle (November 5,2008), consistent with SDC 5.7-155 and ORS 222.040, 222.180, and
222.465, Based on this method of initiation, an election on the question of annexation is not
allowed.
A lO-foot wide portion of existing South 57th Street right-of-way is recommended to be included
in the annexation area. The annexation area, as modified, includes one residential unit and is
located inside the urban growth boundary (UGB). The current City limits run along three sides of
the site. Annexation is being requested in order to facilitate future development. Lane County
Assessor's records attribute a 2007 assessment value of $305,945 to the property. As new
development occurs, the assessed value will increase and additional revenue will be added to the
City's tax base.
Councilor Ballew said there were two applications in this area, Both included rights of ways, She
asked how that worked.
Mr. Limbird said City staff, in consultation with Lane Council of Governments (LCOG) staff
were working through that issue. He explained the section of right-of-way recommended in the
second annexation request (Ga1ceran). In the current situation, all the properties around this
roadway were annexed to the City,
Councilor Ballew asked if this was a problem around the City.
Mr, Limbird said it was. Public Works and Development Services staff would work together on a
unified consistent approach to annexation to bring all right-of-ways into the City, Annexation of
right-of-way to the City didn't automatically transfer maintenance responsibilities. That would
require a jurisdictional transfer.
Councilor Woodrow asked ifthey would be,required to put in a curb and sidewalk.
Mr. Limbird said they would be required to sign an improvement agreement for future curb,
gutter, sidewalk, and street trees. Any future development would entail street improvements to
City standards.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 20
Councilor Woodrow asked about the drainage area abutting this property. He asked if the County
would do anything to improve that area with the Bob Straub Parkway project.
Mr. Limbird said no improvements would be required on existing properties, just on new
development.
Mayor Leiken opened the public hearing.
No one appeared to speak
Mayor Leiken closed the public hearing.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ADOPT ORDINANCE NO. 6225. THE MOTION PASSED WITH A
VOTE OF 4 FOR AND 0 AGAINST (2 Absent - Wylie and Pishioneri).
5. Annexation of Territory to the City of Springfield (Ron Galceran - Case Number C SP 2008
- LRP2007-00022).
ORDINANCE NO. 6226 - AN ORDINANCE MODIFYING AND APPROVING THE
ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD. LANE
COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT. AND
WILLAMALANE PARK AND RECREATION DISTRICT: AND WITHDRAWING THE
SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION
DISTRICT AND DECLARING AN EMERGENCY.
Planner Andy Limbird presented the staff report on this item. The property owners have
requested annexation of a 1.81 acre parcel located at 855 South 57th Street (Map 18-02-04-14,
Tax Lot 200). As submitted, the annexation area includes Tax Lot 200 and a 5-foot wide strip of
South 57th Street right-of-way; staff are recommending also annexing the east 25 feet of the South
57th Street right-of-way as measured from centerline, The purpose ofthe annexation is to allow
connection of the existing house to City sewer and water, and to facilitate a future land division
for residential development. The attached Staff Report (Attachment I) includes an analysis of the
annexation request and recommended Council actions. Maps of the annexation area, as modified,
are included with the Staff Report (Attachment 2 in the agenda packet).
The annexation area can be served with the minimum level of key urban facilities and services as
required in the Eugene-Springfield Metropolitan Area General Plan. Services are immediately
available or can be provided in a timely manner. An executed Annexation Agreement that
addresses urban service provision and financing responsibility between the City and the property
owners is attached (Attachment 3, Exhibit C).
The Director's recommendation to the City Council is to: (a) modify the annexation area to
include a 25-foot wide portion of South 57th Street right-of-way along the property frontage; (b)
approve the modified annexation of territory to the City of Springfield, Lane County Metropolitan
Wastewater Service District, and Willamalane Park and Recreation District; and (c) withdraw the
same modified annexation area from the Willakenzie Rural Fire Protection District.
The City Council is authorized by ORS Chapter 222 and SDC Article 5.7 to accept, process, and
act on annexation requests from property owners, The attached Annexation Agreement has been
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 21
executed by the'City Manager. The City and property owners have reached agreement on
responsibilities for service provisions and costs for providing the urban services needed for
further residential development. The property owner submitted a request for annexation in July,
2007 and, without an Emergency Clause, the annexation will become effective the day following
the next election cycle (November 5,2008), consistent with SDC 5.7-155 and ORS 222.040,
222.180, and 222.465.
Lane County Assessor's records attribute a 2007 assessment value of$181,018 to the property.
As new development occurs, the assessed value will increase and additional revenue will be
added to the City's tax base.
Councilor Ballew said one of these annexations had an annexation agreement. She asked ifby
approving the annexation, they were also approving the agreement.
Mr, Limbird said the City Manager had already executed the annexation agreement. This
application was a little more complicated and contained future portions of public streets. He
explained. Staff had received only one letter in response to the public notification. The letter was
an expression of support from an adjacent property owner, He noted that the letter would be
placed in the record by reference.
Councilor Ralston asked if these types of annexations could be done all at once since there would
be others in this area.
Mr. Limbird said they had no further requests for annexation in this location at this time and
Council had chosen not to prompt annexations, but to leave it to owner requests. It was
coincidental that three requests for annexation had come to Council over the last year in this area.
Councilor Ralston said this could be ripe for causing island annexations.
Mayor Leiken opened the public hearing.
I. Bernice Hill. 1052 South 58th Street. Springfield. OR, Ms, Hill asked about a street near her
home and ifthey were going to continue that street up towards South 57th, She wanted to
know what the owner was going to do with the property behind her home. Her home faced
South 58th and the house on the other side faced South 57th Street.
Mr. Limbird said the requested annexation area along with the property to the north would share
an east/west public street that would connect the current dead end South 58th Street. That would
provide a link to South 57th Street. That connection was identified on the City's conceptual street
map. There would also be a portion of South 58th Place heading south for eventual connection
with the existing South 58th Place, That was the development intent and would be seen through a
subdivision allocation.
Mayor Leiken suggested that if that didn't answer her question, Ms. Hill talk to Mr. Limbird.
Mr, Limbird said he would give his business card to Ms. Hill. He noted that the property owner
had not formally applied for land division.
Mayor Leiken closed the public hearing.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 22
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ADOPT ORDINANCE NO. 6226. THE MOTION PASSED WITH A
VOTE OF 4 FOR AND 0 AGAINST (2 Absent - Wylie and Pishioneri).
BUSINESS FROM THE AUDIENCE
None.
COUNCIL RESPONSE
CORRESPONDENCE AND PETITIONS
1. Memo from Leia K. Pitcher, Thorp, Purdy, Jewett, Urness and Wilkinson, Representing
Springfield Public Schools, Regarding the City of Springfield's Recommendation to OLCC
on Shaker's Application for a Liquor License.
2, Petition from Citizens of Springfield Regarding the Patrician Manufactured Homes,
3. Correspondence from Lou Tettenburn, 2290 33rd Street, Springfield, Oregon Regarding the
Lowe's Development on Marcola Road and the Patrician Mobile Home Park and Conference
Center,
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO APPROVE THE CORRESPONDENCE FOR FILING. THE MOTION
PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST (2 Absent - Wylie and Pishioneri).
BIDS
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
1, Committee Appointments.
2. Business from Council
a, Committee Reports
1) Mayor Leiken said the Governor's subcommittee on transportation had its final
meeting. There was some pretty good news on the recommendation being presented
to the Governor and legislature on a split ofODOT money, He explained the
recommended allocations of 50% to the State, 30% to the counties and 20% to the
cities, He said he would be sending a rough draft to the Council.
BUSINESS FROM THE CITY MANAGER
I. FY08-09 Budget Allocations to Human Services Commission - Veteran Services Office.
Assistant City Manager Jeff Towery presented the staff report on this item. The City allocated
$128,394 from the General Funds, to the Human Services Commission (HSC) in the FY08-09
budget, as well as $90,747 from the Community Development Block Grant (CDBG) fund.
During deliberations by the Budget Committee and City Council, there was support for setting
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 23
aside an additional $20,000 of General Fund money for Buckley House services, in the event that
Lane County budget cuts resulted in reductions in their programs, Lane County was able to fully
restore Buckley House funding but made other cuts to HSC- funded services, Lane County has
proposed that $20,000 from the City of Springfield be matched with $37,000 from the City of
Eugene to leverage nearly $120,000 in State funds in order to provide a variety of Veteran
Services as outlined in the attached letter.
An affirmative vote would result in the expenditure of $20,000 currently in General Fund
reserves.
Councilor Ballew said she would not be supporting this. She did support veterans, but she found
it irritating that this was a Federal government responsibility and local governments were doing it
for them.
Councilor Ralston said he served on the HSC. When funds were unexpectedly received for the
Buckley House and the HSC had still cut veteran's service, he suggested Springfield could
possibly share that cost with Eugene and Lane County. He felt it was important because it was
matching money from both the Federal and State government. It restored the minimum service
amount.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO AUTHORIZE THE EXPENDITURE OF $20,000 TO THE HUMAN
SERVICES COMMISSION FOR SUPPORT TO THE VETERAN SERVICES OFFICE.
City Attorney Joe Leahy asked for a moment to check on the quorum issue related to a budget
item being voted upon,
Mr. Leahy suggested going forward while they continued to check. If there was need, they could
come back later on this issue,
THE MOTION PASSED WITH A VOTE OF 3 FOR AND 1 AGAINST (BALLEW) (2
Absent - Wylie and Pishioneri).
2. Agreement Between the City of Springfield, Springfield Renaissance Development
Corporation, Springfield School District 19 and Willamalane Park and Recreational District.
for Support of Wild ish Theater and Springfield's Downtown Urban Renewal District.
Assistant City Manager Jeff Towery and City Attorney Joe Leahy presented the staff report on
this item. The following are the fundamental terms of this Agreement,
SRDC presently has these outstanding financial obligations:
a, A loan due and payable to Siuslaw Bank in an amount not less than $600,000,
b. The balance of a loan in the amount of approximately $93,371.55 payable to the State of
Oregon, Oregon Housing and Community Services - Community Incentive Fund Loan.
SRDC, Willamalane, and the School District intend to form a non-profit corporation to ensure the
long term economic development viability of the Wildish Theater.
1. Donation by CITY. City agrees to donate $100,000 to SRDC for:
A. $75,000 for helping to pay the Note to Siuslaw Bank,
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 24
B. $25,000 for the WILDISH THEATER Endowment Fund to be used for long term care
and maintenance of the WILDISH THEATER,
2. Loan by City. CITY agrees to loan $100,000 to SRDC for payoff the Note to Siuslaw Bank.
The loan shall be secured by a Note executed by SRDC and guaranteed by School District
and Willamalane subject to the following conditions:
A. No interest on the Note.
B. Due and payable not later than July I, 2018.
C. Forgiven upon proof of satisfaction of loan from State of Oregon,
3. Assignability. SRDC may assign Agreement to the .new non profit.
Resources are available from the funds collected related to the rezone of the former Chambers
property. Those funds were dedicated to the construction of So. 32nd Street improvements and
other economic development activities. Approximately $2.4 million remains with about $2
million committed to other projects.
Mr, Leahy concurred with Mr. Towery's report. The essential terms of the money were spelled
out in the agreement. The only issue related to the security for the loan. Mr. Leahy and the City
Manager would like some discretion for security of the loan.
Mayor Leiken asked Mr, Leahy about the issue of a possible tie on this item and if he would be
able to break the tie with the limited number of Council members present. He asked if this item
should be tabled.
Mr. Leahy said a quorum was four members of the Council. The vote on the previous item was
fine and a vote on this item, even if a tie vote was broken by the Mayor, would be fine according
to the Charter.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
BALLEW TO APPROVE THE FUNDAMENTAL TERMS AND AUTHORIZE THE
CITY MANAGER TO EXECUTE SUBJECT TO CITY ATTORNEY APPROVAL ON
THE SECURITY OF TIlE LOAN.
Mr. Leahy asked for more clarification on the fundamental terms. The only discretionary issue in
this was the security of the loan.
Councilor Ralston said he felt he had compromised in saying he would approve of loaning the
$100,000, but it was not his intent to forgive the loan under any circumstances, He would not
support this agreement for that reason.
Councilor Ballew said she was not overly happy about the loan, but asked if Councilor Ralston
could support it if it were modified.
Councilor Ralston said he would support it if it was not a forgiven loan.
Councilor Woodrow asked if that would be an issue of the agreement was amended to say the
loan would not be forgiven,
Members of the SRDC in the audience acknowledged that it would be a major issue.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 25
Mr. Towery said the direction they felt they had received from Council was that Council's
overriding concern was that all of the debt be cleared. They understood it was not unanimous, but
they heard that if all the debt could go away through repayment or forgiveness, that would satisfy
the Council's primary concerns.
Mr. Leahy said the $25,000 to help with long term endowment was also added, They had tried to
put together what they heard from Council.
Councilor Woodrow said he would stand by the original motion.
THE MOTION PASSED WITH A VOTE OF 3 FOR (BALLEW, WOODROW, MAYOR)
AND 2 AGAINST (LUNDBERG AND RALSTON) (2 Absent - Wylie and Pishioneri).
3. Authorization to Proceed with Thurston Fire Station #16 Replacement Project - P20534.
Mr. Towery noted that this was Ms. Knapel's last day with the City of Springfield,
Project Manager Carole Knapel presented the staff report on this item. On October 15, 2007, the
Council approved the Functional and Space Program for the Thurston Fire Station #16 Project
and directed staff to proceed with the design ofa 9550 square foot facility. On February 4,2008,
the Council selected a two story pitched roof option with a construction budget of $1 ,832,000 and
directed staff to proceed with the project design. On May 19,2008, Council approved the design
development phase ofthe project, increased the construction budget to $2,081,450 and directed
the staff to proceed with completion of the design. The Council also directed staff to negotiate
with the CM/GC to bid the work and to develop a Guaranteed Maximum Price (GMP) proposal
after construction work bids were recelved. The construction documents have been completed
and the CM/GC, John Hyland Const. has completed the bidding process. The bid results indicated
an initial construction cost for the project of $2,234,283. Working with the architect and the
CM/GC, staff identified $58,400 in value engineering reductions, resulting in a GMP proposal of
$2,175,883 - approximately $94,500 above the approved budget. The project staff has identified
some additional value engineering items and is completing the analysis of these items.
In order to allow the project to proceed to construction, staff recommends the award of the
construction contract in the amount of $2, 175,883. In addition, staff recommends that Council
direct the value engineering process to continue in order to examine alternatives which would
reduce the construction amount by $30,000. To provide for the increase the construction cost,
staff proposes two actions. First staff recommends the transfer of approximately $64,400 in funds
from the project contingency to the construction budget. Up to this point, the contingency which
is included in the project budget was approximately 11.5%. This transfer will reduce the
contingency to approximately 8%. This reduction in contingency is appropriate now that bids
have been received for the work. Second, staff recommends that Council increase the project
budget by $30,000 and that this amount be included in the construction contract as a reserve
amount to be used in the event that the remaining value engineering reductions cannot be
achieved. Staff will report back to Council on the completed value engineering process in
September 2008.
Mayor Leiken thanked Ms. Knapel for her time with the City. He said he was sorry to see her go.
She had been involved in several signature projects for the City and was a top notch professional.
City of Springfield
Council Regular Meeting Minutes
July 7, 2008
Page 26
Ms. Knapel said it had been a pleasure working for the City and the Council.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO APPROVE AN INCREASE IN THE PROJECT BUDGET OF $30,000
FOR THE THURSTON FIRE STATION #16 PROJECT AND DIRECT STAFF TO
CONTINUE A VALUE ENGINEERING ANALYSIS. THE MOTION PASSED WITH A
VOTE OF 3 FOR AND 1 AGAINST (BALLEW) (2 Absent - Wylie and Pishioneri).
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO APPROVE THE GUARANTEED MAXIMUM PRICE OF $2,175,883
FOR THE CONSTRVCTION OF THE THURSTON FIRE STATION #16. THE MOTION
PASSED WITH A VOTE OF 3 FOR AND 1 AGAINST (BALLEW) (2 Absent - Wylie and
Pishioneri).
BUSINESS FROM THE CITY AITORNEY
ADJOURNMENT
The meeting was adjourned at approximately 9:55 p,m.
Minutes Recorder Amy Sowa
Attest:
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City Re rder