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HomeMy WebLinkAbout03/24/2014 Work SessionCity of Springfield Work Session Meeting MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MARCH 24, 2014 The City of Springfield Council met in a work session in the Jesse Maine Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, March 24, 2014 at 5:30 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Moore, Ralston, Woodrow and Brew. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorneys Mary Bridget Smith and Lauren King, City Recorder Amy Sowa and members of the staff. Councilor Wylie was absent (excused). Mayor Lundberg welcomed a group of Boy Scouts from Troup 60 who were attending the meeting in order to receive a merit badge. The boys introduced themselves. 1. Library Advisory Board Candidate Interview. Library Director Rob Everett presented the staff report on this item In response to a January 2014 posting, the Library Advisory Board received one application to fill the seat of departing Board member, Jody Anderson. The Board interviewed candidate Dwight Dzierzek at its March 4, 2014 meeting and is forwarding its recommendation to Council to interview him as a finalist for the position. Mr. Dzierzek is a 25 year resident of Springfield and works in banking for Northwest Community Credit Union. He lives in Ward 4 of the city and in the past he has served as a member of the City's Budget Committee. He is actively involved in his community as a board member of the March of Dimes, Forests Today & Forever, and the Springfield Chamber of Commerce Greeters. The Library Advisory Board believes this candidate is eligible and qualified to serve on the board. Council is requested to review the candidate's application and interview him prior to appointing him to the Board. Council selected the questions they would ask of Mr. Dzierzek. They introduced themselves to Mr. Dzierzek and conducted the interview with the following questions: 1. Please tell us why you are interested in serving on the Library Board? (Mayor Lundberg) 2. Describe your professional and personal experience as it relates to your desire to become a Library Board member. (Councilor VanGordon) 3. What do you see as the Library's role in the community? (Councilor Ralston) 4. Are there any services or enhancements that you would like to see the Library provide? (Councilor Woodrow) 5. What initiatives are you interested in pursuing as a Library Board member? (Councilor Moore) City of Springfield Council Work Session Minutes March 24, 2014 Page 2 6. Given your other work & community commitments will you be able to actively serve on the Library Board as well? (Councilor Brew) 7. Is there anything further you would like to tell us or do you have any questions that we might answer? (Mayor Lundberg) Council agreed to appoint Mr. Dzierzek to the Library Board during the April 7, 2014 regular meeting Mr. Everett said he would notify Mr. Dzierzek. Mayor Lundberg reviewed the time frames of each agenda item for those that wanted to attend fora particular subject. 2. Downtown Parking Advisory Committee Applicant Interviews. Management Analyst Courtney Griesel presented the staff report on this item The City of Springfield is looking to fill positions on a newly formed Downtown Parking Advisory Committee. Between the initial advertisement for available positions on February 25'h and the final date to submit applications, March 14'b, staff received-a total of eight applications, all of which appear, to meet the eligibility requirements as outlined in the application. Staff is requesting Council interview applicants and recommend preferred candidates for appointment to the Committee. Staff is looking for a committee of seven members. The Committee's formation stems from the recommendation included in the 2010 adopted Downtown Parking Plan (Rick Williams, 20 10) to assure representation of affected private and public constituents from within the community to inform decision - makers. Committee members will be tasked with, among other related topics; • Assisting City staff in the implementation of the adopted Downtown Parking Management Plan. • Reviewing parking issues anticipated to develop over time. • Advising City Council and the Springfield Economic Development Agency on strategy implementation based on the guiding principles for parking management, as identified in the adopted Downtown Parking Management Plan. Staff believes, upon first review, all candidates included here are eligible to serve on the Downtown Parking Advisory Committee. Council is requested to review each candidate's application, interview them, and recommend applicants for appointment to the seven member Downtown Parking Advisory Committee. Councilor Ralston asked why they were interviewing every member. Mayor Lundberg said because this was a new committee, Council preferred to interview all applicants. Council selected the questions they would be asking of each candidate. They introduced themselves and conducted the interviews with the following questions: 1. Please tell us why you are interested in serving on the Downtown Parking Advisory Committee. (Councilor Ralston) City of Springfield Council Work Session Minutes March 24, 2014 Page 3 2. What do you see as the role of parking enforcement in Downtown? (Councilor Woodrow) 3. is there anything else you would like to share with us related to your desire to serve on the Downtown Parking Advisory Committee? (Councilor Moore) 4. Do you have any questions of the City Council? (Mayor Lundberg) Mayor Lundberg said Council needed to discuss options since one of the applicants was not able to attend tonight's meeting to be interview. Council decided to wait to interview the final candidate on April 7 and make their final decision at that time. Ms. Griesel said she would notify the applicants. 3. NEDCO Downtown Mobile Food Vendor Program Housing Program Analyst Kevin Ko presented the staff report on this item. There were two parts to the Food Cart issue for the City of Springfield. This part dealt with city owned streets and property in downtown, and property owned by NEDCO. It was proposed that NEDCO would act as the manager of this part of the Food Cart program. A map of the coverage area was included in the agenda packet. The other part of the Food Cart program was on private property and fell under the Transient Merchant ordinance. Mr. Ko referred to the summary sheet prepared by NEDCO which was included in the agenda packet, as well as the draft set of guidelines for this program. The draft guidelines had been reviewed by staff and were currently under review by the City Attorney's office. Mr. Ko introduced Claire Carpenter - Seguin, Executive Director of NEDCO and Jim McCugh the new Main Street Manager from Helena, Montana. Councilor Woodrow asked what constituted a specific permitted location. Mr. Ko said the City and NEDCO had identified areas that did not conflict with existing brick and mortar, or food cart businesses. NEDCO would ask the food cart vendors where they would like to locate and then be very strategic about where food carts would be placed. Councilor Woodrow asked if a maximum number of food carts allowed had been identified. Dave Johnson from NEDCO said they had been looking more at the goal of how many they wanted. Councilor Woodrow asked if food cart vendors could provide seating. Mr. Ko said they could as long as they did not impede walkways: Councilor Woodrow said she saw in the draft that local food and local products would be encouraged. She liked that, but didn't want that to be a deciding factor or a negative against someone as it could be cost prohibitive. Mr. Johnson said this program will be cooperating with other programs at NEDCO facilitating access to the local food sources because of a network of farmers. The guidelines did not require that sourcing, but it was encouraged and NEDCO provided the support. City of Springfield Council Work Session Minutes March 24, 2014 Page 4 Councilor VanGordon referred to page 5 of the guidelines regarding the requirement for food cart vendors to have a valid food handler's card, a Lane County Environmental Health Mobile Food Unit license, and be at least 16 years old. He asked if those three were compatible. , Mr. Johnson said they were all compatible, although didn't know if they could acquire a food vending license if under the age of 16. Those requirements also pertained to employees. Councilor VanGordon asked if the guidelines had been reviewed with any of the brick and mortar restaurants or vendors downtown. Mr. Johnson said they had not. Councilor VanGordon asked if that was planned Mr. Johnson said that was the plan. There had been outreach to the brick and mortar businesses, but the guidelines were fairly recent. Councilor VanGordon said that would be very important due to earlier concerns voiced by downtown businesses. It would be beneficial to allow them to review and comment on the guidelines early in the process so any concerns could be addressed. He asked about language he had seen about not wanting businesses providing the same services near each other. He asked how that would be administered. Mr. Johnson said they intended to work with potential vendors and clients to be collaborative. They were looking at having conversation with those businesses that were doing some market analysis. Part of that conversation would include where they would fit into the landscape of the area. When they get approached by a vendor, they would take the information about what they want to serve and where and talk with the existing businesses. They were looking for a very collaborative process. Councilor VanGordon asked if they had any vendors signed up yet. Mr. Johnson said they had five different food truck vendors in a pilot program at the Farmer's Market. He had heard from about 30 -40 interested businesses in the surrounding region that had either heard about the program or were interested in siting, although may not be ready to put a cart downtown. Councilor VanGordon asked if the food vendors would have the opportunity to be involved in any other services offered by NEDCO. Mr. Johnson said they could, but it was not mandatory. They were working with the staff to hone services specifically for this type of business. Councilor VanGordon said he was looking forward to this program getting started. Councilor Moore asked about people who might have other locations and want to just have a spot downtown a couple of days a week. She asked if that would be allowed. Mr. Johnson said vendors were to follow guidelines unless they sought approval from NEDCO. When launching the program, they would have some flexibility regarding days and hours. He would like to have conversations with the businesses to determine where to site them, but what days and hours. City of Springfield Council Work Session Minutes March 24, 2014 Page 5 Mayor Lundberg said there were places that stated `working on behalf of the city which caused her some concern. She asked who the vendors would call if they were unhappy about something regarding the program. There needed to be language in the guidelines about recourse for both vendors and brick and mortar businesses. Some of the wording was ambiguous such as "aesthetically pleasing" and "family friendly ". She felt those needed definitions. Outreach to the brick and mortar businesses was critically important. She was supportive of program, but wanted to have the outreach. She asked if there was a cap on the number of vendors that would be allowed. There needed to be more clarity on the seating, and better definitions regarding `locally grown'. She wanted to make sure the City Attorneys were involved in some of the language included. She asked about the process between NEDCO and the City. Councilor Brew asked if there would be a preference given to SPROUT vendors over other vendors. He asked how decisions were made and how disputes would be handled. Mr. Johnson said any business that came into the program would be considered a SPROUT business. In terms of direct competition, he would handle that the way he handled the Farmer's Market vendors, which included seniority as a factor. When vendors had the same type of offering, they would work to schedule those businesses around each other. He provided an example. Because they were working specifically with food truck vendors to identify their location and hours of service, they had some flexibility for people to work around each other. Mayor Lundberg referred to a recent presentation by Gil Penalosa who had beemall over the world and had seen food carts and vendor carts. He had several suggestions around expectations from those vendors such as: lighting on the carts for a set amount of time; responsibility for garbage; and responsibility for policing. She suggested they look at that video which was available online. The whole premise was that there were a lot of things that could be done, that didn't cost a lot of money, but had a huge impact. The carts would be responsible for the atmosphere. She would like to incorporate some of his approach in this program if possible. Councilor Ralston asked if some of the carts would be tied to electricity. Mr. Johnson said that wasn't specifically addressed, but some food truck owners had their own ,onboard set ups. Councilor Ralston said he didn't want generators making a lot of noise. Councilor Moore asked about the relationship between the City and SPROUT in regards to this program and asked that it be clearly defined. She asked how it was different from other businesses. Mr. Ko said they were suggesting that once the guidelines were finalized, the City and NEDCO would enter into an agreement regarding responsibilities and roles of each. That would be the second part to the guidelines. The guidelines were the communications from NEDCO to the vendors, but the agreement would be between the City and NEDCO. Mayor Lundberg asked if the next steps would be for the council to see the guidelines again. Yes. Ms. Carpenter- Seguin identified Jim McHugh, the new Downtown Manager and Dave Johnson, the Market Manager at SPROUT. Mr. Johnson had compiled the work and had worked hard to be thoughtful about models to follow and what to include. City of Springfield Council Work Session Minutes March 24, 2014 Page 6 Councilor Woodrow said she appreciated that he had framed the guidelines for Springfield. Mr. Johnson said much of what he developed came from talking with current businesses and users in Eugene and then honing that into what would work in Springfield. 4. Moratorium on Medical Marijuana Facilities (Dispensaries). Assistant City Attorney Lauren King and Assistant City Manager Jeff Towery presented the staff report on this item. The 2013 Oregon Legislature passed House Bill 3460, directing the Oregon Health Authority (OHA) to establish and regulate a medical marijuana facility (dispensary) registration system. Under that law, registered medical marijuana dispensaries are authorized to sell medical marijuana beginning March 1, 2014. On March 21, 2014 the OHA started issuing the first batch of facility registrations, although that information is confidential unless the applicant releases their names. The media printed that eight registrations had been released, although it was not known where they were located, and that six dispensaries had applied for application in Springfield. Ms. King said under the law, dispensaries can be located in areas zoned commercial /industrial mixed - use, but can't be located at the same location as a grow site, within 1000 feet of a school, or within 1000 feet of another facility. Planning Supervisor Jim Donovan and staff prepared a map showing those restrictions applied and the areas remaining where a facility could locate. Ms. King noted that the 2014 Oregon Legislature passed Senate Bill 1531. SB 1531 provides that cities may only impose "reasonable regulations" on the hours of operation; limitations on where the facility may be located in the authorized zones; and reasonable conditions on the manner in which a facility may dispense medical marijuana. Additionally, SB 1531 permits local governments to adopt an ordinance declaring a moratorium on the operation of registered medical marijuana dispensaries until May 1, 2015. The moratorium must be adopted by May 1, 2014. If the City passed a moratorium, dispensaries that had received their license could get a full refund, but could not operate a facility. Ms. King said medical marijuana dispensaries were not a use that was listed in Springfield's Development Code. Mr. Donovan said the State House of Representatives was in committee up until the go -live date, Immediately upon receiving the State's final rules, staff created a public handout for the general public and those that had expressed interest. Staff viewed this as a new use which meant it had to go through zoning approval. That was outlined in the information provided to the public. Councilor Brew asked if the legislations specifying zoning for permitted locations pre - empted the City's ability to specify zoning requirements. Ms. King said that was something the City would want to look at more under the "Reasonable Regulations ". The time, place, and manner requirement was complicated. Staff and the City Attorneys had discussed mixed -use zones, of which the City has eight. All of those had residential as a primary or secondary use. They would want to look at that more closely and how it could fit within the "Reasonable Regulations ". There were a lot of new changes that happened quickly from the State. City of Springfield Council Work Session Minutes March 24, 2014 Page 7 Mr. Towery said in many communities, dispensaries may be classified as a specialty retail use. Some communities didn't allow specialty retail to occur in certain zones, such as industrial. Those were the type of issues communities would sort through during the course of a moratorium. Mr. Donovan said the statute listed mixed -use, but excluded residential uses. Residential uses did occur in all of the mixed -uses. It would be reasonable to strongly consider whether or not a dispensary was allowed in a mixed -use area where residential was the primary use. Those were some of the things identified by staff when going through the statute. Councilor Moore said if regulations were set by the City, they could include hours of service and where they were located. She asked if there was anything else. Ms. King said they could also regulate the manner in which they dispense. Time, place and manner are usually associated with I` Amendment rights and could be complicated. Staff and the City Attorney's office wanted to be very thoughtful about those regulations. Councilor Ralston said he hadn't heard good enough explanation of why they wanted to put a moratorium on something that could be a legal activity. Those applying for licenses would be at a competitive disadvantage from other communities and he didn't want to create that environment. He asked why staff was suggesting the City enact.a moratorium. Ms. King said from the City Attorney's perspective as they worked with staff, they were looking at how to process applications, know where they were sited and if they were licensed. It was also a chance for Council to add more specific requirements and provide more clarification. Mr. Grimaldi said staff was presenting it as an option. Councilor Ralston said it felt like they were trying to find a way to say someone couldn't develop here. He wanted to be open for business. Councilor Moore said she had received a number of emails from those that didn't want the City to enact a moratorium. She would be interested in hearing from citizens in Springfield in a broader sense and perhaps some that might feel the City did need more time. She would like to have a public hearing. Ms. King said they would recommend a public hearing. If the City didn't take action by May 1, there was no opportunity to do a moratorium. There could be some complications for those already issued a license by the OHA. Councilor Moore said if they enacted a moratorium, it could be less than one year or could be shortened at a later date. Ms. King said that was correct Councilor VanGordon asked if the legislature would be bringing this issue up again in the 2015 legislation. Ms. King said part of this bill required the Senate and House Judiciary Committee as well as working committees to identify whether or not these were appropriate regulations or if cities should have more City of Springfield Council Work Session Minutes March 24, 2014 Page 8 authority. There was still more to come and was very fluid. They were also anticipating that recreational marijuana use could potentially be legalized by a vote in November. Councilor VanGordon said the City didn't have a lot of planning framework in place right now. Mr. Donovan said it was fair to say because the City didn't have dispensaries as a listed use. They would need to start by discussing whether or not the City wanted to follow just State requirements or enact reasonable local regulations. Staff would prepare that information for Council consideration. Councilor VanGordon said he agreed it was important to have a public hearing on this topic. He was interested in taking on a one -year moratorium. We want to be open for business, but it was hard to change regulations after businesses had been open, especially if it meant a move. This was a new industry and it was important to have a good understanding of the first steps so they did it right. He would be interested in looking at this again in eight or nine months as long they had conversations in between. It made sense to take advantage of the extra time to do it right. Councilor Woodrow agreed. She felt they were in a time squeeze because of the May 1 deadline to make a decision based on little information. She appreciated the emails received and the diligence and deliberation by those preparing to set up. That didn't guaranteed that the next person who wanted to open a dispensary would have that same due diligence. She appreciated the work done so far by those operators, but they needed to stop and consider the zoning issues, time, place and manner. She wanted to make sure access didn't get to teenagers or younger. She wanted a public hearing and to hear from everyone that wanted to speak. She was inclined to look at a moratorium for some amount of time. Councilor Brew said he didn't feel he had enough information so it would be great to have a public hearing. It would be helpful to have a staff report at the public hearing listing the decisions needed to be made and the most expedient way to get there. Mayor Lundberg said she was not in favor of a moratorium. Those that wanted marijuana were getting it now; the City just wasn't in the loop. This was the State's effort to put us into the 21" Century and we needed to look at it seriously. There were people that were legitimate and would go to a medical marijuana dispensary that was legal, but would not get it otherwise even though they could benefit. A close friend of hers was dying of cancer, so she would like to see this move forward in some way to make this available for people who wanted this option. Someone that knew of her friend had offered the Mayor a way to get a card for her friend. That was the type of thing that was already happening. Dispensaries were legal, and there was likely going to be a referendum about recreational marijuana on the November ballot. The City would benefit because of the potential tax revenue. They needed to be realistic. Springfield had a great track record of being able to figure things out quickly. The City would be left behind in terms of business establishment if we didn't make a decision now to figure out how to allow people to open dispensaries. She was very supportive of a public hearing in order to hear what the general public wants. The time had come for the City to rethink how they were doing this. They did need more information about this topic and what decisions needed to be made based on regulations. They also needed to hold a public hearing. She would like to be able to move forward. Councilor Woodrow said she understood, but wanted to make sure they could get that done in a timely manner. If they could get things set up in a timely manner and they determined after public input, they didn't need a moratorium, she was fine with that. Councilor Brew said staff would be looking at zoning, etc. anyway City of Springfield Council Work Session Minutes March 24, 2014 Page 9 Ms. King said that was correct. The way the law and Code were set up, the City didn't have a way to know where the dispensaries were being located. They should determine if it was a listed use and the correct zoning. Councilor Moore said businesses as a whole came into Springfield without our knowledge. She thought they needed to look at some type of general business license so the City would know who was doing business in Springfield. When people applied for their business license, the City could provide code language for what was allowed or required a permit. That was part of a larger conversation. Councilor Ralston said he was not in favor of a moratorium. He had confidence in the City. Springfield had always been a leader and got things done before anyone else. He noted that many medications he takes have bad side effects. Mr. Grimaldi said for the public hearing, staff could make an additional attempt to come up with some regulations that permitted the businesses to move forward in a way that was best to avoid any zoning conflicts or other issues in neighborhoods. They could bring forward an option for the Council rather than just a moratorium. Ms. King said the law had been changing very quickly. Mayor Lundberg said they appreciated everyone's hard work. This was a new frontier. Mr. Grimaldi said the public hearing would be scheduled for April 7. ADJOURNMENT The meeting was adjourned at 7:13 p.m. Minutes Recorder — Amy Sowa g istine L. Lundberg yor Attest: Owl Amy Sowa City Recorder