HomeMy WebLinkAbout11/15/2010 Regulari
City of Springfield - ~ .
:Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY; NOVEMBER 15, 2010 .
The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, November 15, 2010 at 7:00 p.m., with Mayor Leiken
presiding.
ATTENDANCE ~ .. .
Present were Mayor Leiken and Councilors Ralston, Lundberg, Moore, Simmons, and Pishioneri.
Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City
Attorney Joe Leahy, Clerk III James Larson, and. members of the staff.
Councilor Wylie was absent (excused).
PLEDGE OF ALLEGIANCE '
,The Pledge of Allegiance was led .by Mayor Leiken.
SPRINGFIELD UPBEAT
1. Children's Bookmark Contest Winners.
Library Children's Services Manager Barbara Thompson presented this item. For 30 years now,
the Springfield Public Library had held a bookmark contest for grades kindergarten through
middle school. This year, over 825 students created original bookmarks and entered the contest.
All their designs, about books, reading, libraries or the year's theme, "A World of Reading", were
currently displayed in the children's department.
- The winners were: ,. ..
Elementary .
Kindergarten: Emma Dyemartin, Mr. Vernon Elementary
1 agrade: Jenny Carlos Sandoval, Riverbend Elementary
2 grade: Aine Oldham, Centennial Elementary
3~ grade: Brielle Bethune, Crest Elementary
4 grade: Matthew Brodeur, Home School
and Dawn Harrison, Douglas Gardens Elementary
5th grade: Shayli Cabeles, Brattain Elementary
Middle School .
6~ grade:. Anne Walkup, Home School
7 ~ grade: Lacey Bird, Briggs Middle
and J.J. Thomas, SMS .
8~' grade: Savannah Curtis, Walterville School
and Brynne Webb, Home School
City of Springfield
Council Regular Meeting Minutes
November 15, 2010. ;
Page 2 .
Mayor Leiken shook the hand of each of the winners. A photo was taken of all of the winners
with the Mayor. . .
Mayor Leiken thanked all of the parents for working with their children and also bringing them to
Council to receive their awards. Springfield was in great hands when it came to leadership for the
future of our community.
2. Employee Recognition: Jerry Smith, 40 Years of Service .
City Manager Gino Grimaldi presented this item. He introduced Chief Jerry Smith. Chief Smith
introduced his wife Sheila Smith, son Mike Smith and daughter-in-law Alicia. Mr". Grimaldi said
he likes to have the family members introduced because of the contribution they had made to the
City of Springfield by allowing Chief Smith to work for the City for 40 years.
1VIr. Grimaldi said it was a pleasure to honor Chief Smith for his 40 years of service. Chief Smith
had provided invaluable leadership to the community and the organization, and amazing
accomplishments. It was a pleasure to work with such a quality gentleman. He noted some of the
many accomplishments of Chief Smith over the last 40 years, perhaps the most significant the
~ new Police and Jail facility. Chief Smith's leadership and vision certainly made that happen and it
was having a positive impact on the community. Chief Smith had been.instrumental in the hiring
and promoting of many of the current .Police Department employees. He had put together a
department that was exemplary in serving our citizens. He presented Chief Smith with a plaque
honoring his service.
Chief Smith said he always felt that a Police Department could only be as good as the community
it served. He was amazed by the courageous things done by City- staff, and also.by our citizens
who assisted police in all aspects. He had been blessed by a great staff in the Police Department.
He was also in awe of the Mayor and Council who volunteered their time every week with a
"common interest of making Springfield a better place. He appreciated that. He also appreciated
both former City Manager Mike Kelly and current City Manager Gino Grimaldi.
CONSENT CALENDAR
Councilor Ralston pulled items 4a and Sa from the Consent Calendar.
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR
LUNDBERG TO APPROVE THE CONSENT CALENDAR WITH ITEMS 4A AND 5A
REMOVED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND. 0 AGAINST (1
ABSENT - WYLIE).
1. Claims
2. Minutes
a. October 11, 2010 - Joint LTD Meeting
b. October 25, 2010 - Work Session .
c. November 1, 2010 -Work Session
d. November 1, 2010 -Regular Meeting
City of Springfield ~ . - -
.Council Regular Meeting Minutes
November 15, 2010
Page 3 -
3: Resolutions ~ .
a. RESOLUTION NO. 1- A RESOLUTION DECLARING ONE (1 ~ WILDLAND FIRE
APPARATUS OWNED BY THE CITY OF SPRINGFIELD AS SURPLUS. AND
DIRECTING THE CITY MANAGER TO DISPOSE OF THE 1981 4X4 .
INTERNATIONAL ENGINE IN ACCORDANCE WITH CITY OF SPRINGFIELD
MUNICIPAL CODE 2.714.
4. Ordinances -
. ~ a. Removed - -
5.. Other Routine Matters - -
a. Removed
b. Authorize City Manager to Renew Independent Contractor Agreements with Select
Consultant Engineering Firms for use by the Engineering and Transportation~.Services
Division.
c. Accept the Financial Reports, for September 30, 2010.
_ a. Allow/Not Allow Construction Activities Outside the Hours of 7 a.m. and 6 p.m. for
Emerick Construction Company to Work on Symantec Expansion Project. Requested-
Hours are Monday -Saturday 6:30 p.m. - 4:30 a.m. Beginning Immediately and Ending
. December 30, 2010.
ITEMS REMOVED
5.
a. Authorize the City Manager to Sign a Contract to Purchase or Lease One (1) Wildland
Fire Apparatus from Hughes Fire Equipment, Inc. for an Amount Not to Exceed
$346,159.00.
Councilor Ralston said they would first discuss Item Sa.
Councilor Simmons asked if the City exercised the $1 option at the end of the five years to obtain
title to the vehicle.
That was correct. -
Mr. Leahy asked-if the plan was to exercise that option. Yes. '
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR
_ LUNDBERG TO AUTHORIZE THE CITY MANAGER TO BOTH ACCEPT THE
PROPOSAL FROM HUGHES FIRE EQUIPMENT, INC. FOR THE PURCHASE OF -
ONE (1) IHC CONTENDER WILDLAND PUMPER NH259 FOR $346,159.00 AND TO -
ENTER IN TO AFINANCIAL CONTRACT WITH OSHKOSH CAPITAL FOR THE
LEASE/PURCHASE ACQUISITION OF THE IHC CONTENDER WILDLAND -,
PUMPER FOR A PERIOD OF 5 YEARS WITH ANNUAL PAYMENTS OF $72,472:88.
`Tw~H~vE~. MOTION PASSED WITH A VOTE OF 5 FOR AND ~0 AGAINST (1 ABSENT -
,. 1
City of Springfield
Council Regular Meeting Minutes
November 15, 2010 ~ .
Page 4
4.
a. ORDINANCE NO. 6262 - AN ORDINANCE OF THE COMMON COUNCIL OF
THE OF THE CITY OF SPRINGFIELD AMENDING CHAPTER 7 "BUSINESS
AMBULANCE AND EMERGENCY MEDICAL SERVICES" SECTION 7.036
"EXEMPT PERSONS AND ACTIVITIES" TO ADD A NEW EXEMPTION FOR
VEHICLES OPERATED BY ANOTHER MUNICIPALITY PURSUANT TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SPRINGFIELD.
IT WAS MOVED BY COUNILOR RALSTON WITH A SECOND BY COUNCILOR
LUNDBERG TO ADOPT ORDINANCE N0.6262 AN ORDINANCE OF THE COMMON
COUNCIL OF THE OF THE CITY OF SPRINGFIELD AMENDING CHAPTER 7
"BUSINESS, AMBULANCE AND EMERGENCY, MEDICAL SERVICES", SECTION
7.036 "EXEMPT PERSONS AND ACTIVITIES" TO ADD A NEW EXEMPTION FOR
VEHICLES OPERATED BY ANOTHER MUNICIPALITY PURSUANT TO AN
. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SPRINGFIELD.
Councilor Simmons said he would vote no on that due to reasons he had already explained to
staff.
Councilor Pishioneri asked for Councilor Simmons' reasons as.they may be helpful.
Councilor Simmons said there were legal issues in regard to this ordinance that the City Attorney
had provided an opinion on, and Councilor Simmons disagreed with a portion of that opinion. He
would prefer not to discuss the differences in public. Counsel was confident and concise.
Councilor Pishioneri asked the City Attorney if there was an issue that Council should know
about.
Mr. Leahy said there were a couple of items involved, the first being the ordinance before
Council. It was legitimate to say the City was operating in an area of the law that was not exactly
on point with what .was being done in reference to the 90 day trial period. Springfield was
. contracting with the City of Eugene through an IGA, and in turn Eugene had contracted with a
, private carrier.for non-emergency transports. Councilor Simmons had read the Lane .Code which
.interpreted in the way Councilor Simmons had done, supported his concerns. about the legality.
Mr. Leahy read the Lane Code and received a letter of interpretation from Lane County which
indicated it was a gray area, but the City could be comfortable with the 90 day trial period. If we
.were doing anything more than 90 days, he would share Councilor Simmons' concern. ;
Councilor Pishioneri asked if the Lane County Code was based on State Statute, .and if the City
was going to have problems in that regard.
Mr. Leahy said he couldn't find an Oregon Revised Statute (ORS) or Oregon Administrative Rule
(OAR) that was precisely on point. This .was the Lane County Code in implementing the ,
ambulance service areas.
,THE- MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (SIMMONS) (1
ABSENT -- WYLIE). .
City of Springfield
Council Regular Meeting Minutes
November 15, 2010
. Page 5
.PUBLIC HEARINGS -Please limit comments to 3 minutes. Request to speak cards are available
at both entrances. Please present cards to City Recorder. Speakers may "
not yield their time to others.
BUSINESS FROM THE AUDIENCE
1. Dan Egan, P:O. Box 155, Springfield, OR. Mr. Egan acknowledged'that this was the
Mayor's last Council meeting and congratulated him on a long run as Mayor. He noted that
he was the Director of the Springfield Chamber of Commerce and a member of the
Downtown Advisory Committee. Council had reviewed the work from the consultant on the
downtown and had approved those plans. He was here tonight to speak on the high speed rail.
High speed rail in Springfield had a history that went back before 1995. In 1995 a report was
given to the Council and to the City of Eugene, about which city would be best suited fora .
station. At that time; the Springfield Chamber favored high speed rail as an instrument of
economic development, specifically for Springfield to bring attention to downtown. The
Council at that time .did not support high speed rail and did not join the high speed rail
coalition in the Willamette Valley. In the Downtown Plan recently adopted by the Council,
there was. a place holder for high speed rail. There was a lot of interest in high speed rail and
there were funding mechanisms available for corridors. The committee would like to bring to
. the Council's attention that this was something,we needed to fight for to get the Springfield
name on the terminus of high speed rail. Currently, it had only listed Eugene. They also
wanted to put forth the best case for that (station) to be centered here in the new downtown
Springfield they were hopeful for in the next few years. High speed rail was coming back to
the Council after all these years.
2. John Thomas, 2130 Ridgeway Drive, Eugene, OR. Mr. Thomas said he served as the Chair
for the Downtown Development Committee. He noted that there was another member of the
committee in the audience that would like to testify and then Mr. Thomas would conclude the
testimony. ~ .
3. Annie Hommel, 568 South Sa' Street, Springfield, OR. Ms: Hommel said she was the area
- resident of the .Downtown Advisory Committee. Ms: Hommel discussed what she had heard
from community members about support for high speed rail. Right now we were presented
with an opportunity that shouldn't be passed up. In talking with other area residents and
community, members, she had been met with nothing but enthusiasm. Access was a big part
of high speed rail and access to the Springfield the .community was imagining in the future.
-..The Advisory Committee had worked very hard on the feedback they provided for the Plan
Council adopted. That means getting people here in our downtown.. When she showed people.
where on the map this station could be located, they noted the proximity to the Lane Transit
District (LTD) station, making it an ideal location. That area. was underutilized and something
like this was needed at this location. Having a high speed rail start in Vancouver, British
Columbia and ending in Springfield, would do more to put Springfield on the map and that
was very exciting. Business owners and residents were excited about that prospect. The
committee was hoping the Council would help as they moved forward with this and put this
on the agenda.
John Thomas continued his testimony. The committee was asking for a work session at this
juncture. The committee was in the mode of seizing the moment, which was what they had
"
City of Springfield
Council Regular Meeting Minutes
.November 15, 2010 ,
Page 6
done with the rest of the Crandall Ara.mbula plan. He read from the Plan regarding high speed
terminus, "The Urban Design Plan proposes a "multi-modal hub" that maximizes current. ~.
investment in transit by locating aHigh-Speed Rail (HSR) station and spark-and-ride
lot/structure in close proximity to the current BRT station. Additionally, the proposed station
location is adjacent to properties outside the downtown study area that are ideally located and
..large enough to serve as maintenance facilities needed for HSR system operations. Efforts
should be made by the City to include the proposed station and related transit facilities as part
of ODOT's ongoing HSR environmental analysis or any subsequent supplemental
environmental analysis, engineering and design studies."
Mr: Thomas said this was one of the most logical parts of this plan because we had parking,
areas for maintenance, the EmX, and we were going after the Greyhound bus station.
Looking at downtown Eugene and the 5~' Street area, there was no parking and no room for
maintenance. The consultants identified this as a very logical way to seize the moment. There
were different constituency groups that were aligned with the committee, as well as a State
Senator, Representative, Congressman DeFazio, and others to make this come together. They
just asked for a work session to provide more definitive information to help make the best
decision for the next step.
4. Glen Myers, 1890 15~' Street, Springfield, OR. Mr. Myers said he owned a business at 440.
Main Street called Trash and Treasures. He was here regarding the change of management of
Jack's Place. The gentleman that wanted to open it had talked with Mr. Myers at great length
about what he wanted to do there. Mr. Myers was still skeptical. He had waited for over a
year for the bar to close so his business could start to grow, and now another bar was being
considered at that site. A bar was a bar, and it would be difficult to get the bad element of
clientele to leave. He was not sure how that would work.
5. Don Hubbard, 2637 Mimi Street, Eugene, OR. Mr. Hubbard said he was representing L- inks
Deli and Spirits. He was here to make himself available for any questions the Council might
have. He understood Mr. Myers' frustration and that of others with the way the facility was
currently operated. He noted that he was his own businessman and Mr. Duggar had nothing to
do with the new business: He did plan to utilize some of the revenue from the lottery to make
some improvements. He printed out his response to some of the restrictions that might part of
his liquor license. He agreed with three of the five restrictions. One of the restrictions was to
limit hours of operation until 10:00pm, but he would like to stay open slightly longer than
..that four nights a week, and until 2:OOam three nights a week on busier nights. He had put a
lot of money into this facility and needed to make sure his investment was supported with
revenues. He realized this area had a bad reputation, and he had addressed those concerns in
person and. in correspondence with Dave Puent: He was looking to put in a facility that would
.promote good food, but he needed the liquor license to use the lottery revenues for~the
facility. He said he could stay to answer questions from the Council. ~ ,
,COUNCIL RESPONSE
Mayor Leiken referred to the speakers on high speed rail. He and Assistant Public Works Director
Len Goodwin met with the Chairman and CEO of Union Pacific a couple of months ago.
Although Union Pacific dealt mostly with freight, they did talk about high speed rail. He was glad
to see the enthusiasm from the committee on this topic. Of the two cities, Springfield was the .
only city with an EmX loop at this time. That was a positive piece in our community. When the .
City of Springfield
Council Regular Meeting Minutes
November 15, 2010
Page 7
Olympic Trials were back in Eugene in 2012, people would be able to stay in one of the 1100
hotel rooms in Gateway, and take the EmX loop to the University of Oregon. We needed to focus
not only on what Springfield had, but also the University of Oregon in Eugene. Glenwood would
. one day be a great riverfront development. The high speed rail would be very expensive as it
would need its own rail. He felt Springfield should get in the front of the line on this discussion.
Councilor Lundberg agreed a work session would be appropriate. Eugene had been talking about
it and it was time Springfield was at the table with enthusiasm for our own interest. This would :
happen with or without Springfield. .
Mayor Leiken said they needed to take advantage of having Representative Beyer as
Transportation Chair while she was in that position.
- CORRESPONDENCE AND PETITIONS ,
1. Correspondence from Mayor Leiken Regarding his Resignation as Mayor of Springfield.
IT WA5 MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCIIOR
LUNDBERG TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION - .
PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT - WYLIE).
BIDS
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
1. Business from Council
a. Committee Reports
1. .Councilor Moore said she attended the Friday Night Art.Walk in Springfield. It was a
lot of fun and she was looking forward to the next one 'on the' second Friday in
December. She thanked NEDCO for sponsoring that event.
2. Councilor Simmons reported on the Metropolitan Wastewater Management
Commission (MWMC). He said the first round of data came in on Senate Bi11737
regarding water quality discharge from plants. Most everyone exceeded the nominals.
A second round of evaluation was being done to look at measuring all the plants that
discharged into the rivers. There would be some consequences in having to deal with
that water quality in the future. He felt they needed to do a baseline of what the river
actually contained because arsenic and other components were naturally occurring. .
- None of the sewer plants in the Willamette system would be able to meet those -
standards without significant modifications. The shading projects of planting trees
. along the. Mill Race would contribute to the temperature reductions in the river
systems.. Staff was doing an excellent j ob:
BUSINESS FROM THE CITY MANAGER
City of Springfield
Council Regular Meeting Minutes
November 15, 2010
Page 8
1. October 2010, Disbursements for Approval.
-~ Councilor Lundberg recused herself and declared a conflict of interest from this item as a
.payment was included in the disbursements to her employer, Marshal's Heating and Air
Conditioning.
Finance Director Bob. Duey presented the staff report on this item. The October 2010 .
Disbursements for Approval was attached for Council review and approval. Checks totaling
$9,104,358.10 were issued in October- 2010. Documentation supporting these payments had been
reviewed.
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR
PISHIONERI TO APPROVE THE OCTOBER 2010, DISBURSEMENTS FOR
APPROVAL. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST (1
ABSTENTION - LUNDBERG).
2. Liquor.License Application for Links Deli and Spirits.
Community Services Manager Dave Puent presented the- staff report on this item. The business
owner of Links Deli and Spirits had requested the City Council to provide an endorsement
recommendation for his OLCC Liquor License Application. The application was for change of
ownership.
On December 19, 1994, Council approved Ordinance No. 5768 that established specific criteria to
be used when reviewing an application for a liquor license endorsement. The Council's
recommendation must be based upon reliable, factual information as it related to any of the
criteria listed in Section 7.302 of the Springfield Municipal Code:..
At the conclusion of the hearing and after considering relevant facts, Council was requested to
provide one of the four following recommendations to OLCC regarding the license application: 1.
Grant; 2. No Recommendation; 3. Do Not Grant Unless; or 4. Deny.
,For the past two years, the Council had recommended to OLCC that the liquor license for the
current establishment located at this address be denied because of the inordinate level of
illegal/criminal activity that occurred at or near this address. OLCC staff had supported this
recommendation and recommended denial. The present owner was currently challenging the
OLCC's determination before the Office of Administrative Hearings. Based on these reasons,
and the serious and persistent criminal activity occurring at or near this address, should Council
decide to grant the application, staff recommended that the Council include in its
recommendation the following restrictions:
. 1. No Party with a financial interest in the business may have or face pending OLCC
violations
2. Hours of operation limited to 7:00 AM to 10 PM.
3. Emphasis at the establishment must be on food sales and service.
4. Certified security staff shall be on duty at premises during all hours of operation
5. No OLCC violations in the next year.
City staff recommended that the alternative to this recommendation;with restrictions was denial.
City of Springfield
Council Regular Meeting Minutes
November 15, 2010
Pag"e 9
Mr. Puent noted that the proposed new owner had submitted several pieces of correspondence to
the City over the last few weeks, articulating his plan to address the concerns that his business
would not contribute to or allow the continuance of unlawful activity in the downtown area. He
had stated that he would put a strong emphasis on security and base his model of business on an
existing establishment called McMennamin's. Using this establishment as a :model would place
food services as a primary and the sale of alcohol as a secondary or ancillary item. Based on tl~e
series of unlawful activity occurring at this address, staff would recommend that if the Council
chose not to deny the liquor license endorsement, they include the conditions noted above. Those
imposed license restrictions reinforced what Mr. Hubbard already said he would do at this
establishment. Mr. Puent noted that Peter O'Rourke from OLCC was present to answer any
questions. ..
Mayor Leiken said he appreciated having an OLCC representative at the .meeting.
Councilor Pishioneri asked if Mr. Hubbard was any relation to the current owner, or if there were
any continued ties with the current owner of the establishment.
Mr. Puent said Mr. Hubbard's name was the only one on the OLCC Liquor License Application.
The only relationship would be that Mr. Duggar would still own the property and lease the
property to Mr. Hubbard.
Mr. Hubbard clarified his comments regarding the restrictions. He said Mr. Duggar owned the
property, and Mr. Hubbard would lease it from him. There were no managerial ties with Mr.
Duggar. Mr. Hubbard said he was very interested in managing the establishment on his own.
Councilor Lundberg confirmed that Mr: Hubbard owned the. business.
Mr. Hubbard said he created the business name and the plan.
Councilor Lundberg asked if Mr. Hubbard could have any type of business he chose in the lease
agreement, even a business that did not serve alcohol.
Mr. Hubbard said that was correct: He had concerns about the transition from an establishment
with a poor reputation to a food only establishment. He felt the transition would take some time.
He would be making some improvements to the facility and converting the kitchen. His intention
was to run it very slowly for about 9 months until he got all the workers trained and in line.
Councilor Simmons asked how long Mr. Hubbard had been employed by Mr. Duggar.
Mr. Hubbard said he had worked for Mr. Duggar about five or six years ago for a short time as a
bartender. Currently, he worked three days a week. For the last year, he` worked one day a week
for Mr. Duggar to get statistical data and to make sure he would be able to generate enough
finances to support himself after graduating from college.
Councilor Simmons said Mr. Hubbard had actually been employed by Mr. Duggar for close to
five years. ~ .
Mr. Hubbard said yes, but not consecutively.
City of Springfield
Council Regular Meeting Minutes
. November 15, 2010
Page 10
Councilor Simmons said Mr. Hubbard was a bartender in the establishment during the period of
time when the denial occurred.
Mr. Hubbard said that was correct, but only one night a week. He was looking out for his
investment. He didn't feel he should go into a business without knowing the figures.
Councilor Simmons said when Mr. Hubbard submitted his original application,. staff had
requested he respond to certain questions regarding a business plan. The documents that Mr.
Hubbard had responded with didn't show the) source of income. Lane ,Community College and
others had counselors available to provide a confident business plan. Based on what Mr. Hubbard
.had submitted, the intentions were clear, but the methodology on how to get there was somewhat
confusing. He didn't feel comfortable with the information presented to staff. If there was
additional information, he would like to see that before making a decision. He didn't feel the
package was complete or concise. He asked again if Mr. Duggar owned the building which he
would be leasing.
Mr. Hubbard said Mr. Duggar did own the building. ~ '
Councilor Simmons asked if the sale had gone through for Mr. Duggar on this building.
Mr. Leahy noted that there was another building that Mr. Duggar was trying to buy across the
street.
Councilor Simmons recalled that 535 Main was owned by someone else. He was speaking of the
420 Club possessor's record of owner which did not appear to be Mr. Duggar. He was concerned
there were some issues that needed to be resolved before moving forward on this license.
Mr. Leahy said sometimes the Assessor's records didn't reflect the actual title.
Mr. Hubbard said the Oregon Lottery had called with a similar question, but after looking at the
land deed record, confirmed that Mr. Duggar owned the property.
Councilor Simmons didn't feel the information submitted was complete or concise enough to
move forward.
Mr. Hubbard said he would be.willing to meet and talk with anyone to provide details of his
business plan. He had taken a business management class, and could. offer any format the Council
chose. No one had indicated that they wanted a different form: He had approximately eighty
pages at home, including forty to fifty of statistical data. The main aspects of this scenario
included security, the food, and if this would be a similar place to the current establishment. The
answer to the last question was `no'. Mr. Duggar's only tie to this property was property
ownership. He didn't feel he should be penalized for other's mistakes. He understood the concern .
and due diligence, but didn't want to be judged by other's actions. ;
Councilor Moore asked if Lottery Sales and having a Liquor License were tied together. Yes. She
referred to the McMennamin's model and asked if McMennamin's sold lottery tickets.
Mr. Hubbard said he would not be selling lottery tickets, but wanted to have lottery machines.
City of Springfield
Council Regular Meeting Minutes
November I5, 2010 .
i ~ Page 11
Councilor Moore asked if McMennamin's had lottery machines. Yes. She referred to the part of .
the name `Deli' . In her mind, Deli meant -cold sandwiches. She asked if he could define what. he
was talking about. in terms of a deli.
Mr. Hubbard said when he wanted to keep shuffle board and pool at the establishment. Regarding
the food, he wanted to bring a limited menu of good food. There were suggestions he serve food
to minors to make this a more family friendly establishment, but lie didn't feel it was appropriate
to transition to that type of establishment from what.was currently in place. He would be pushing
-food sales and the service of good food would be his number one job, beyond securing the facility
and running it properly. He put `Deli' in the name because he thought it would boost food sales,
which was one of his main goals. Calling it a tavern or something similar would not .bean
appropriate model..A lot of the companies that had deli's, such as Jasper's Deli, didn't offer an
extensive- food menu. He was trying to use the existing revenue for this business, clean it up and
sell good food, using all the revenues to support his business.
Councilor Moore said there was a recommendation regarding limiting tie hours to 7:OOam to
10:00pm. If food was the emphasis, not many people would be eating much. after I O:OOpm.
Mr. Hubbard said he didn't want to limit his ability to survive. He felt he should do this
responsibly, respectfully, and professionally, but it was also his right to make sure the business
could survive. He had a lot of data between ~10:00pm-1:OOam, and there was a lot of revenue
generated off the lottery machines during those hours, and he would like to continue to provide
that service. He may want to key in on some of the customers getting off the LTD bus at 11:OOpm
just two blocks away. He did put in a slight compromise to close at 12:30am four nights a week, .
and at 2:OOam the other three nights a week. He wanted to work with the City Council, but also
needed to insure he could meet all of his responsibilities. He needed. to be able to pay for a
security professional and other things.
Councilor Ralston said he appreciated the business plan and felt it could work in another site, but
if the Council approved this plan with conditions, that would just show that there was a way to
circumvent the process. Adding or changing the name to include `deli'. wasn't going to change the
clients, which were the current problem. He didn't feel new ownership and a new business plan
was going to change the problem in that area. ~ .
Mr. Hubbard asked what the solution would be at that location.
Councilor Lundberg said Mr. Hubbard had told the Council that he had worked for Jack Duggar
at Club 420. He asked what other experience Mr. Hubbard had in the restaurant business.
- Mr. Hubbard said he had management experience, not restaurant experience. He had his menu put
together and the basis.for what needed to be done. He worked for Hynix for a couple of years and
ran a PR Strip crew and managed 12 people, breaking every record in that process. At 19 years of
age, he started his own detail business that was very lucrative for four years. He worked as the
Assistant Produce Manager at Albertson's in their largest store in their division. He could lead
people and come up with good plans that were efficient and intelligent, and get people to follow
rules. He loved food and had some, excellent recipes and ideas he felt would work for this area.
He was looking for the opportunity. He had an Associates' Degree in Education, and took '
City of Springfield
Council Regular Meeting Minutes
November 15, 2010
Page 12
business classes over the last year at the University of Oregon. He felt he had the experience in
the bar business to know.how to ,handle people that had been drinking. and avoid areas of trouble.
Councilor Pishioneri said he appreciated Mr. Hubbard's efforts, but' found it difficult to support
this application. He needed to see how the current situation at that location was resolved before
he could be comfortable to support a business like that in that location.
IT Vt~'AS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR
LUNDBERG TO DENY THE LIQUOR LICENSE ENDORSEMENT FOR LINKS DELI
AND SPIRITS. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1
ABSENT - WYLIE).
Mr. Leahy said staff would interpret that as a recommendation for denial to OLCC. Yes. In the
event that OLCC did not accept the denial, he asked if the Council would like to look at the
conditions to see if any of them might be appropriate. Council should discuss that option now.
Councilor Ralston said if it was going to be afood-oriented business downtown, he was in favor
of having restaurants. He felt that 10:00pm was too late, but he would accept that as a condition.
He agreed with the other recommendations from staff.
Discussion was held regarding another motion:
IT WAS MOVED AS A SUPPLEMENTAL MOTION BY COUNCILOR PISHIONERI
WITH A SECOND BY COUNCILOR RALSTON, THAT IF BY CHANCE OLCC DOES
NOT GO WITH THE RECOMMENDATION OF DENIAL OF THE LIQUOR LICENSE;
AND THEY GET A LICENSE, THAT THE CONDITIONS SET FORTH BY CITY
STAFF WOULD BE ADHERED TO AS PART OF THAT CONDITION.
Councilor Lundberg asked about the conditions and when they would get a report on those.
Mr. Leahy said if OLCC approved this, they wouldn't see it again until the annual review.
THE MOTION PASSED WITH A VOTE OF 3 FOR AND 2 AGAINST (SIMMONS AND
RALSTON) (1 ABSENT- WYLIE).
3.. Non-Emergency Ambulance Services Intergovernmental Agreement (IGA).
Deputy Chief Mark Walker presented the staff report on this item. In response to Lane County
Code Chapter 18 Amendments staff was seeking authorization to enter into an Intergovernmental
Agreement with the City of Eugene to utilize their private contractor to provide non emergency
transports.
Recent amendments to Lane County Code Chapter 18 clarified that Springfield Fire and Life
Safety was the sole authorized ambulance provider in Lane County: Ambulance Service Area
(ASA) #5. The Lane County Fire Defense Board and all Lane County ASA holders supported
these amendments. The amendments allowed, oversight of all ambulance calls ensuring the .
standards were met and adhered to. It also allowed ASA holders to develop a "tiered response"
system. Tiered response would allow ASA holders to customize the ambulance response to best
fit the requirements of an ambulance request, for service. .
City of Springfield .
Council Regular Meeting Minutes
- November 15, 2010 .
Page 13
In order to ensure that Fire and Life Safety Ambulances were available for emergency calls, staff
had recommended that the city enter into an intergovernmental agreement. with the City of
Eugene to provide non emergency and inter-facility transports on a trial basis using their private
contractor. ~~
Ambulance calls for the paramedic unit stationed in the Gateway station had increased by
approximately 50 calls per month since the adoption of Lane County Code Chapter 18
amendments. This increase was primarily non- emergent inter-facility .calls. These calls placed
the unit unavailable for emergency calls during their duration. Emergency calls received while the
unit was unavailable were routed to the next closest ambulance. This created response delays for
the emergency call.
The intergovernmental agreement proposed was for a trial period. This period would allow
. Springfield Fire and Life Safety to collect and evaluate data necessary to make long term
decisions regarding the provision ofnon-emergency ambulance service within ASA#5.
This would also. allow Springfield Fire and Life Safety staff to evaluate the impact on the
Ambulance Transport Fund. The net impact of Springfield Fire and Life Safety not responding to
the non-emergency~inter-facility responses was projected at $26,000 for a full year. The
evaluation period was 90 days. Further, this number did not take into account lost revenue on
emergency calls covered by other agencies when Springfield units were tied up on non-
emergency basic life support return transports. The positive impact of having the unit available
for emergency calls would require evaluation during this trail period. .
. Councilor Simmons referred.to pages 2 and 3 in Attachment 1 of the agenda packet. On page 2,
section 4, the City Manager had explained that the $25,000 figure was the anticipated loss of
revenue. Since it was a moving target, he wasn't sure how they could determine that was their net
loss. He referred to page 3, section 8.2.2 under the Liability/Indemnification it stated, "Cover or '
require indemnification or payment of any judgment against any individuals or party for
intentionally wrongful conduct outside the scope of employment, of any individual or party". The
language of this agreement exposed the City to significant liability potential along with the loss of
revenue. He felt uncomfortable with this. This was one of those issues where there was
reasonable disagreement. He was supportive of developing a strategy for non-emergency
transport, and appreciated the firefighters agreeing to the change. There were some problems with
this agreement that made him very uncomfortable. He could not support this at this time.
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR
LUNDBERG TO AUTHORIZE THE CITY MANAGER TO SIGN AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EUGENE TO
' SUBCONTRACT NON-EMERGENCY AND INTER-FACILITY AMBULANCE
SERVICES WITHIN LANE COUNTY AMBULANCE SERVICE AREA #5 ON THE
BEHALF OF THE CITY OF SPRINGFIELD. THE MOTION PASSED WITH A VOTE , .
OF 4 FOR AND 1 AGAINST (SIlVIl~ZONS) (1 ABSENT- WYLIE).
4. The Oregon Department of Environmental Quality (DEQ) Intergovernmental Agreement
(IGA) for Construction Activities Automatically Covered by NPDES 1200-C.
City of Springfield .
Council Regular Meeting Minutes
November 15, 2010
Page 14
.George Walker, Environmental Services Supervisor for Water Resources, presented the staff
report on this item. The Oregon Department of Environmental Quality (DEQ) was proposing to
streamline their erosion control permit process by allowing local municipal erosion control
programs to provide coverage in place of the DEQ 1200-C erosion control permit. This change
meant that contractors would not need to obtain redundant erosion control permits from both the
City and the DEQ for qualifying projects.
Construction activities which included clearing, grading, excavation; and stockpiling.of soils ,
and/or disturbing one or illore acres and discharging stormwater were regulated by the DEQ
issued National Pollutant Discharge Elimination System (NPDES) 1200-C permit. The language
proposed for the replacement NPDES 1200-C permit to be issued December 1, 2010 contained a
new provision for construction activities disturbing less than five acres. Those projects within a
jurisdiction with a "qualifying local program" would be eligible for automatic coverage if certain
conditions were met and the local jurisdiction permitted the activity..
Springfield's Land &Drainage Alteration Program (LDAP) was reviewed by DEQ and deemed a
"qualifying local program." Collaborating with DEQ through the proposed IGA would reduce
the, need for developers to obtain duplicate state and local erosion and sedimentation permits for
sites meeting the required conditions. The outcome would be a streamlined permitting process
that eliminated some permit fees and the plan review time related to the DEQ's NPDES 1200-C
registration for development projects. The proposed IGA defined the responsibilities of Oregon
DEQ and the City of Springfield. DEQ was not delegating authority or responsibility to the City
and would retain enforcement authority under the 1200-C permit conditions. The financial
impact to the City would relate to minimal reporting of information currently collected and
maintained under the LDAP program, and very small additional administrative cost.
Staff recommended the Council approve the motion allowing the City Manager to enter into this
agreement with Oregon DEQ.
Mayor L,eiken said this was a good move to help the process for developers. He thanked staff and
DEQ for making this happen.- Local businesses preferred to work. with local staff.. .
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR
LUNDBERG TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT FOR CONSTRUCTION ACTIVITIES AUTOMATICALLY COVERED
BY NPDES 1200-C. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0
. AGAINST (1 ABSENT - WYLIE).
BUSINESS FROM THE CITY ATTORNEY
Mr. Leahy said in the orientation meetings with Councilor Moore; she had questions regarding
discussions among councilors and derogatory comments made about a business or individual. He
reminded Council that they had absolute privilege when they were engaged in discussions at the
Council.. When they stepped down from the Council and were being interviewed or talking to
someone, that privilege disappeared. In order to encourage robust discussion and interaction of
the .public business, they had that privilege while in the Council meeting.
Mayor Leiken thanked Mr. Larson for helping with the meeting.
ADJOURNMENT
City of Springfield
Council Regular Meeting Minutes ~ .
November 15, 2010
. Page 15
The meeting was adjourned at approximately 8:30 p.m.
Minutes Recorder Amy Sowa
~~~~
Mayor '
Attest:
~'
City Rec r" er