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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