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HomeMy WebLinkAbout07/21/2014 RegularCity of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY JULY 21, 2014 The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Monday July 21, 2014 at 7:04 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie, Moore, Ralston, and Woodrow. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Mary Bridget Smith, City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. SPRINGFIELD UPBEAT 1. Mayor's Recognition a. Pride Day Proclamation. Mayor Lundberg read from the Proclamation. Paul Homan from HIV Alliance came to accept the proclamation. b. World Breastfeeding Week Proclamation. Mayor Lundberg read from the Proclamation. Jaclyn Mahoney from Daisy C.H.A.I.N. (Creating Healthy Alliances In New -Mothering) came to accept the proclamation. 2. Other a. Employee Recognition: Brandt Melick, 20 Years of Service. Mr. Grimaldi presented this recognition. He acknowledged the accomplishments of Mr. Melick over the last 20 years, including his current appointment as the new Information Technology (IT) Director for the City of Springfield. Mr. Melick has been active in his field outside of his work, through NASA and talking to youth about GIS and the career opportunities. Mr. Grimaldi said the City was looking forward to having Mr. Melick as the new IT Director and as part of the Executive Team. b. Employee Recognition: Robert Finsand, 15 Years of Service. Mr. Grimaldi presented this recognition. He acknowledged the accomplishments of Mr. Finsand over the last 15 years. Mr. Finsand introduced his wife, daughter and granddaughter who were in the audience. Mr. Finsand has always been known as a hard worker and is always looking at ways to deliver services to citizens better and more efficiently. He served for seven years as the Union President for AFSCME, and also helped with the United Way Campaign. One of his jobs is maintaining traffic signals, a job which involves a great deal of technical skills. City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 2 Councilor Woodrow noted that Mr. Finsand also volunteers and helps with traffic control for the Springfield Christmas Parade. CONSENT CALENDAR 1. Claims a. Approval of the June 2014, Disbursements for Approval. 2. Minutes a. June 9, 2014 — Work Session b. June 16, 2014 — Work Session c. June 16, 2014 — Regular Meeting 3. Resolutions a. RESOLUTION NO. 2014-24 — A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD COMPETITIVE BIDS REQUESTS FOR PROPOSALS, OTHER PERSONAL SERVICES CONTRACTS EXEMPT FROM BIDDING REQUIREMENTS UNDER THE PURCHASING REGULATIONS, AND APPROVE AMENDMENTS TO PUBLIC CONTRACTS IN CONFORMANCE WITH CITY OF SPRINGFIELD MUNICIPAL CODE AND ADMINISTRATIVE REGULATIONS DURING THE PERIOD COMMENCING JULY 29 2014 AND CONTINUING THROUGH SEPTEMBER 7, 2014 WHILE THE COMMON COUNCIL IS IN RECESS. b. RESOLUTION NO. 2014-25 — A RESOLUTION EXTENDING CITY OF SPRINGFIELD WORKERSTOMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY OF SPRINGFIELD. c. RESOLUTION NO. 2014-26 — A RESOLUTION APPROVING THE APPLICATION RE- CERTIFYING THE LANE WORKFORCE PARTNERSHIP BOARD OF DIRECTORS AS THE LOCAL WORKFORCE INVESTMENT BOARD UNDER THE WORKFORCE INVESTMENT ACT OF 1998. 4. Ordinances a. ORDINANCE NO. 6323 — AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE, SECTIONS 4.600 'DEFINITIONS", 4.706 "FEE FOR USE OF PUBLIC WAYS," ADDING A NEW SECTION 4.707 "TAX FOR PROVIDING UTILITY SERVICE," REPEALING SECTION 4.708 "ANNUAL FEES," AND ADOPTING A SEVERABILITY CLAUSE. 5. Other Routine Matters a. Authorize the Finance Director, on Behalf of the City of Springfield, to File a Claim with Oregon Department of State Lands Unclaimed Property Section for any Money or Property Being Held by the State of Oregon. City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 3 b. Authorize City Staff to Prepare Deeds to Transfer Ownership of 4 City Properties to the Springfield Utility Board and also Authorize City Staff to Prepare an Easement and a "Right of First Offer Upon Sale" Agreement Appurtenant to an Additional City Property, for the Springfield Utility Board's Benefit. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. ITEMS REMOVED PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. 1. Regulations for Medical Marijuana Dispensaries. ORDINANCE NO. 6324 — AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE CHAPTER 7 REGARDING MEDICAL MARIJUANA DISPENSARIES, AND DECLARING AN EMERGENCY. RESOLUTION NO. 2014-27 — A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING THE MASTER FEES AND CHARGES SCHEDULE AS ESTABLISHED BY THE SPRINGFIELD MUNICIPAL CODE IN ORDER TO INCLUDE A BUSINESS LICENSE FEE FOR MEDICAL MARIJUANA DISPENSARIES. Under SB 1531 (2014) local governments may impose "reasonable regulations" on dispensaries. Council has reviewed regulations that seek to meet community priorities of preventing the distribution of marijuana to minors and ensuring that medical marijuana dispensaries are adequately regulated by the city. In April, staff and the City Attorney's Office received Council direction to not adopt a moratorium but requested that staff return with potential regulations that protect children and allow the City to better regulate the new use. Council has reviewed concepts for municipal code and zoning regulations, along with feedback from representatives of the public and dispensary business community. Consistent with the direction provided by Council on July 14, 2014, the attached ordinance is presented for emergency adoption and implementation. The ordinance accomplishes the following: • Creates definitions for regulation • Requires dispensaries to obtain a business license, pay a fee and abide by adopted regulations (the fee is set at $500 annually) • Requires all employees to undergo a background check • New dispensaries shall locate in accordance with state regulations and local zoning regulations • Precludes minors on site • Requires labeling for product contents and protection of children • Requires compliance with the City sign ordinance City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 4 • Sets hours of operation at 7:00 a.m. to 9:00 p.m. • Precludes free distribution • Precludes public consumption on site These regulations will become effective immediately if adopted under emergency procedures. Under Oregon's land use laws, additional locational standards or other changes to the Springfield Development Code will be brought back for Planning Commission and City Council work sessions and action in October. Mayor Lundberg said it was important for those speaking tonight to know that Council was only addressing some of the points of discussion from last week, but not the land use portion. Mr. Donovan said he had received eight emails about the land use portion and responded to each, letting them know there would be further process on that portion later in the fall. Comments during the public hearing are limited to the fee resolution. Questions about buffers would be deferred. Councilor Moore asked if someone establishing a business now would be able to establish it without the land use regulations in place. She also asked if those businesses will have to move if they fall into a restricted area set by the Council in the future. Mr. Donovan said that will be part of the land use process and would be considered a non -conforming use. If a business moved in near a dispensary that made it non -conforming, staff would recommend not forcing a legally operating business to move. All of that will be open for discussion when they go through that land use discussion. There will be a lot of opportunity for comments and to discuss those issues. Councilor VanGordon asked if they had the option to take comments on the regulation ordinance. Ms. Smith said they can take comment on whatever topic they would like. Councilor VanGordon said he would like to hear comments on both the ordinance and resolution. Mayor Lundberg said she would allow all speakers, but wanted them to know that some of the things the audience may address will not be acted on by the Council until later in the year. Mayor Lundberg opened the public hearing. Kris McAllister, Springfield, OR. Mr. McAllister said he attended the last hearing on the moratorium and is here tonight to speak on the suggested regulations. He is supportive of safety, public image and community awareness, but is concerned about the way the City has chosen to go about this process. When other things are done in the City, citizens are often involved in the discussions before projects begin. He feels the patients are not being included in these discussions, only the businesses involved. Two dispensaries and one lab, which are no longer in existence, were consulted before suggestions were given to the Council. Approximately 18 people spoke to the Council regarding the moratoriums and the Council spoke of understanding and responsibility. Patients came out in the open to speak rather than having a venue to discuss more privately. The business side was covered, but it seemed they were more interested in business than in the people. He has an issue with restrictions that do City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 5 not hold to other medicines. He felt the City should hear input from the patients who use and need these medications. 2. Brenda Young Wickit Weedery, Springfield, OR Ms. Young said expressed many of her concerns in an email to the Council. She asked that the Council consider treating them with fairness. There are other controlled substance industries, such as tobacco and alcohol. She asked that they consider the rules used for those industries when setting rules for dispensaries. Dispensaries should be subject to those same laws. It makes more sense to make rules that are fair and apply to all similar types of business. She did a background check on her employees, but feels it is wrong to put a regulation on only their business because it made it sound like their employees are more of a risk than the average employee. That is the kind of rule that shouldn't be applied to dispensaries when it is not applied to others. The regulations regarding hours and giveaways make sense, but those that aren't done in other industries should not be applied to dispensaries. If there is a good reason, she would like to know it. Mike Meyers, Springfield, OR. Mr. Meyers said he has lived in Springfield all of his life. Springfield is about growth and small business, like the dispensaries. He saw a lot of unfairness in these rules and didn't see how they can be unfair to a business that is going to grow. Eugene is working with the people and has it right and he felt Springfield should take advice from them. He asked that they don't put rules in place to make it so dispensaries can't do business in Springfield just because some people don't like them. There are a lot of businesses he didn't like, but they are allowed to run their business. 4. Eric Chavez, Eugene, OR. Mr. Chavez is the manager of Cannabis Dispensary in Springfield. He said he attended the rules committees in Salem when the State was drafting the rules. On the Rules Advisory Committee, they had representatives from the District Attorneys, Chiefs of Police, Sheriff s Association and the Pharmacy Board, and horticulturist from Oregon State University. He believes that if they did not see a need for these ordinances over the year they developed their rules, neither should the city. These regulations do not apply to other businesses. He feels there are other problems facing our children that are far more dangerous than marijuana. They need to make sure everything leaves in a child proof container. He questions why that hasn't been applied to liquor bottles. There is no large lobbying group that comes to the defense of marijuana like they have for tobacco, alcohol and pharmaceuticals. When taking into account the safety of children, it should be done in an honest and rational manner. He asked Council to think long and hard about what these regulations would be doing to the patients and everyone in the community. Everyone that goes into the dispensary has to have a card approved by their physician, and it not going into the hands of children unless by the parents. These dispensaries are for the patients. Jayson Thomas, Cannabis, LLC, Springfield, OR. Mr. Thomas said he was here to encourage the Council to not vote in favor of an emergency measure as it sends the wrong message to the public that this is a dire problem that needs addressed now. They need to work with the dispensary owners and patients that are affected by these rules. It did hurt him as a business owner and his thirteen employees. Scaling down the hours of operation to closing at 9:OOpm instead of 10:00pm would adversely affect his business. There is a small window between 9- 1 Opm when many patients who are just getting off work come to the store. He hired a security guard seven days a week from 7-1 Opm to protect those patients. He encouraged Council to consider keeping the hours open until I0:OOpm. Rather than putting this through as an City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 6 emergency and adversely affecting his business, he asks that they give him time to develop a structure to keep everyone employed through the hours set. 6. Vern E. Campbell, Eugene OR. Mr. Campbell said he had been a patient of traditional medication for a long time. He has now found an alternative medicine that works well. All medication have side effects, but he has found this (medical marijuana) to be a good alternative. He didn't understand why the City is making it hard for people to get their drugs. It is not difficult to get medications from a pharmacy. Springfield needs business in downtown. 7. Kevin McGehee, Springfield, OR. Mr. McGee said he has lived in Springfield of the past 10 years and currently lives at Shelter Care Brethren. He is not a card holder, but is advocating for a friend with MS. In 2013 Gallop revealed that 58% of Americans were in favor of legalization. It's inevitable because the old laws only serve to encourage the black market diverting U.S. money towards an illegal and deadly element to the society, the cartels. Tax it and win. The Oregon Medical Marijuana P_ (OMMP) is here because cannabis has definite medicinal value. There is a need for dispensaries because not everyone can grow their own or tolerate conventional pain medicine. A dispensary is a pharmacy. There are two sex -oriented businesses near to several schools. Those kinds of businesses notoriously attract criminal activity. If they want to rid the town of vice, they should start with the gentlemen's clubs and porn purveyors. Leave the medicine to experts to decide its benefits to society. There is no more danger of marijuana entering the hands of minors than a regular pharmacy has with potentially more dangerous drugs. Ray Soice, Springfield, OR. Mr. Soice said he is a patient and felt that people that opened the dispensaries are great and made it easier for patients to get their medications. He lives within a half a block from a strip club and has kids. There is a Head Startjust across the corner. He didn't understand why the regulations against the dispensaries aren't applied to other businesses. Calvin Rutherford, Springfield, OR. Mr. Rutherford said he is a patient, but is not able to grow for himself because of his young grandchildren who live with him. If he was to grow on his property, he would take the risk of having someone seeing or smelling his medicine growing, coming onto his property and endangering his family. He's had nothing but bad luck with growers since he got his card. Since the dispensaries have opened, he doesn't have to worry about going out and getting his medication on the streets in dangerous situations. He can go into a nice calm environment and get his medication without fear. He understood that they didn't want children on the premises, but not allowing people on the premises who do not have a card makes it difficult for patients that don't have a driver's license and can't use City transportation. He hopes the Council takes that into consideration and works with the dispensaries. 10. Gina Bottom, Springfield, OR. Ms. Bottom said she has a very low income, suffers from PTSD and sleeping disorders. People with low incomes can fill out Drug Assistance Program (DAP) applications to get their prescriptions for free so she asked why she couldn't choose her grower. She wasn't able to get medicine from the doctors when she didn't have health insurance. Even after getting health insurance, it is very difficult to get in to see a psychiatrist. Her medications helped her very much and she didn't want that to change. City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 7 Councilor Moore said some of the restrictions the City was looking at applying to these businesses are coming from the State, the Oregon Health Authority (OHA), and the City had no choice on those. Ms. King said the OHA restrictions were in place regardless of action by the City. Having the City adopt the same regulations allowed the City to enforce it locally rather than waiting for the OHA to address violations. Councilor Wylie said this was the first time entering into a business partnership with dispensaries, new laws and new regulations. The City is feeling their way and trying to be fair and serve patients who need the medication. The Council is trying to do the best they can to meet all of the needs of the community. She noted that the State required background checks for many businesses such as nursing homes, health care centers, drug and alcohol centers and anyone dealing with human services. As they review any regulations over the years, things may change. Councilor Ralston said he was trying to find the regulation that wouldn't allow a person without a card to be on the premises of a dispensary. That could be a problem for people that didn't have a driver's license or was handicapped and needed a caregiver to go with them everywhere. Ms. King said there is an exception that guardians can have a card. That exception is authorized under the OHA law. Councilor Moore noted that the City Council is not required to have background checks. Mayor Lundberg said they are under a lot of other regulations. She confirmed with staff that more meetings would be held that will include dispensary owners. She agreed that a patient representative should also be part of that meeting. Mr. Donovan said as directed by the Council, staff would be meeting with the industry and could also reach out to people with grow cards. With the time frame available for the current proposed regulations, staff reached out to the industry representatives and also covered the local and statewide association. Due to privacy laws, they did not ask if any were card holders, and felt they had good representation for the steps they were about to take. They can and will reach out to those people who have volunteered to be in the next information process. Mayor Lundberg said she didn't have a problem staying open until 10:00pm because she understood getting off a later shift. Councilor VanGordon said he was comfortable with a 10:00pm closing time. The rest of the Council agreed. Mayor Lundberg said this is something new, and (marijuana use) is still a federal offense. It is a risk to those we are trying to help when those that do not have a card try to get marijuana. The City wants to be supportive and ensure everyone has an ability to get what they need in a way that is safe for everyone, and they probably won't get it right the first time around. The topic of buffer zones will be discussed later. She is interested in the license fee and making the amount higher, perhaps up to $1000. They can look at the fee after a year to see if changes need to be made. The staff work is going on now and will continue over the next year at least. If recreational marijuana gets passed, there will be more to decide. They need to cover their costs and try to make it work so everyone is within the parameters of what the City is trying to accomplish, and the higher fee could help offset those costs. City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 8 Councilor Ralston asked about the liquor license fee. Ms. King said that fee the City is allowed to charge is limited by State law for liquor licenses in the amount of $100. The State charges substantially more. Mayor Lundberg said there are additional fees for liquor license and the City is only one layer. Ms. King said when staff met with the industry, the industry representatives said they make good money and suggested the fee be set so it is not prohibitive, but ensures legitimate business owners. Mr. Donovan said one cost by the City in addition to the process and tracking, was the cost of background checks which are performed by the City at a cost of about $250 per person. One of the dispensary owners felt it was a good idea to have background checks on all of their employees, although some dispensaries may not do that without the regulation. Staff will be able to look at costs incurred in a year and address the issue of the fee at that time. If the average number of employees per dispensary is five, the fee of $1000 would cover those costs. Councilor Moore responded to the person who was concerned about the emergency clause on the ordinance. She asked staff why this was going forward as an emergency. Mr. Donovan said the emergency clause was to put something in place prior to the Council recess. There are two operating dispensaries with provisional licenses issued. They may have several more applications between tonight and when they bring the land use discussions. Before Council goes on break, they want to have something in place to serve both the dispensary owners and the citizens of Springfield. If adopted, the ordinance will go into effect immediately. Councilor Woodrow said considering everything put into this, and the background checks, a $1000 fee is more than fair. They will revisit that fee when they look at everything else in a year. Councilor VanGordon said he was comfortable going with $1000. The regulations are a start of the conversation, not the end. He feels it is responsible to have background checks and wants to make sure the costs are covered for the City. Councilor Moore asked if they could charge separately for the background checks. Mr. Donovan said it can be done however they chose, although having it done once a year may be more efficient. Ms. King said they are proposing that once the dispensary will pay a fee which will include the background check for any new employees hired throughout the year. The City could also pay a fee per employee basis, but would need to be managed and staffed. There is not a concern legally. Mr. Donovan said the office of the director handles business licensing. We are set up to do this similar to any other license. They are capable of doing it differently and that could be revisited in the future. As proposed and reviewed tonight would be a good place to start. City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 9 IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPROVE ORDINANCE NO. 6324 WITH THE CHANGE IN HOURS OF OPERATION TO STAY OPEN UNTIL 10PM. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPROVE RESOLUTION NO. 2014-27 WITH A CHANGE TO THE FEE FROM $500 TO $1000. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Mayor Lundberg thanked all who came out to speak tonight. BUSINESS FROM THE AUDIENCE Steve Moe, Glenwood, OR. Mr. Moe said he had spoken before the Council previously about the bike bridge over the Willamette River. He provided three photos showing pictures taken before the new bridge was built and after the bridge was built. It upset him that the view had changed so the river was not visible anymore. He referenced the signs out near Mt. Pisgah about the urban growth boundary (UGB). Many of the people in that area are scared and rumors have become facts. The City needs to meet with the public and try to get the facts to them to alleviate their concerns. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1W ORDINANCES Ordinance Amending Springfield Municipal Code 5.700-5.714 Abatement of Chronic Disorderly Property. ORDINANCE NO. 6325 — AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS REGARDING THE ABATEMENT OF CHRONIC DISORDERLY PROPERTIES, SECTIONS 5.700-5.714 AND SPECIFCIALLY SECTIONS 5.700, 5.704, and 5.710 AND DECLARING AN EMERGENCY. City Attorney, Mary Bridget Smith, presented the staff report on this item. These proposed changes to the Springfield Municipal Code are the result of a review by the Police Department and City Attorney's Office and are intended to make the abatement of chronic disorderly properties a more streamlined process while protecting citizens' property rights. At a recent Council meeting, community members brought forward concerns about a chronic disorderly property in their neighborhood and whether the current version of the Municipal Code regulating chronic disorderly property was an effective tool for dealing with such situations. Council directed the City Attorney's Office and Police Department to review the ordinance to see if any City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 10 improvements could be made. The Police Department, City Attorney, and City Prosecutor met and reviewed the ordinance, reviewed similar ordinances in other cities across the state and reached out to other jurisdictions for their experience in abating such properties. The following proposed changes to the ordinance are the result of those efforts. The changes can be summarized as follows: • The definition of chronic disorderly property has been changed to property in a residential neighborhood in which three (instead of four) prohibited activities have occurred in a 60 day period. • Prohibited activities have been expanded to include violations of the City's noise ordinance and frequenting a place where controlled substances are used. • The procedure for the Ordinance has been changed to clarify that the reports are police reports and does not require the two initial police reports to occur during a 30 day period. Meaning, when the Police Chief initially reviews a potentially chronic disorderly property to determine if he will send a warning letter, he could reach back to a period of time longer than 30 days. • The procedure has been changed to allow the Police Chief to direct the City Attorney to institute legal proceedings for abatement after a third occurrence instead of fourth. • The Ordinance will specifically provide that criminal convictions for the prohibited activities are not required for the abatement process to occur. Councilor Ralston confirmed there didn't need to be a conviction. Ms. Smith said there would be Police reports that are verified, but not a conviction. Mayor Lundberg said they did an admirable job. She thanked both Ms. Smith and Chief Doney for trying to address this particular home in the 18th Street neighborhood. This gets more closely at how to deal with that situation effectively. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO NOT APPROVE/APPROVE ORDINANCE NO. 6325. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Police Planning Task Force (PPTF) Appointments. Services Bureau Manager, Mike Harman, presented the staff report on this item. The Police Planning Task Force has four At -Large positions available, with two current members eligible for second terms, one vacant due to the resignation of Carol Ford, and one due to the expiration of Dave Jacobson's second and final term. The Task Force also has two Business Representative positions open, with one current member eligible for a second term and one vacancy due to Mechelle Clough moving out of the area. Wendy Polen and Christine Stole were interviewed at the July 14, 2014 Council Work Session. Diana Alldredge was unavailable for the Council interview but has served as the Task Force Chair. Staff recommends all three be reappointed for second terms, with Wendy Polen's Business City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 11 Representative term to expire in November of 2017, Diana Alldredge's At -Large term to expire in May of 2018, and Christine Stole's At -Large term to expire in June 2018. Michael Bean and Michelle Khanthanhot were also interviewed at the July 14, 2014 Council Work Session. Staff recommends that Michael Bean be appointed to the open Business Representative position, to expire in August 2018, and that Michelle Khanthanhot be appointed to the open At - Large position, to expire in August 2018. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO REAPPOINT TO THE POLICE PLANNING TASK FORCE, WENDY POLEN WITH A TERM EXPIRIING NOVEMBER 30, 2017, DIANA ALLDREDGE WITH A TERM EXPIRING MAY 31, 2018, AND CHRISTINE STOLE WITH A TERM EXPIRING JUNE 30, 2018. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPOINT MICHAEL BEAN AND MICHELLE KHANTHANHOT TO THE POLICE PLANNING TASK FORCE WITH TERMS ENDING AUGUST 31, 2018. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports Mayor Lundberg said she attended the Mill Race Opening today. It was beautiful and there was a lot of participation. This project has been in process for 27 years. Some of the people that had worked on this through the years and since retired came out to the event. The trail just needs to be finished that will allow people to go from Booth Kelly out to Clearwater Park. That will then loop along the river and back to Booth Kelly. 2. Councilor Moore commended the Eugene Springfield Fire Department in the tremendous job they did in fighting the fire at Swanson Forest Products that could have been much worse. She is concerned for those that have lost their jobs and appreciate those that are coming forward to help get people back to work. Mayor Lundberg said she had a list of things people have put together to help. We are a community that prides itself on coming together and helping those in need. She spoke with Congressman DeFazio and the State delegation today about the situation. All are concerned and want to see the business become whole again. She wishes Swanson all the best in sorting things out and when they want the City's help, we will be ready to assist. b. Other Business BUSINESS FROM THE CITY MANAGER City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 12 Council Compensation Ballot Title. RESOLUTION NO. 2014-28 — A RESOLUTION CALLING FOR AN ELECTION ON PROPOSED REVISIONS TO SECTION 24 OF THE SPRINGFIELD CITY CHARTER TO BE HELD ON NOVEMBER 4, 2014, AND SETTING FORTH A BALLOT TITLE. Communications Manager, Niel Laudati, presented the staff report on this item. Following several public meetings and work sessions by both Council and the Committee for Community Involvement (CCI), Council asked staff to prepare a resolution with ballot title for public hearing prior to any action for the placement of this measure on the November 6"' General Election ballot. In 2013, a small sub -committee made up of members of the City Council, the City Attorney's Office and the City Manager's Office met on several occasions to review the need for an update of the City Charter to allow for a reasonable monthly compensation. After discussion and reviewing council compensation from across the state, the sub -committee recommended a $300 per month stipend for each councilor and a $500 per month stipend for the Mayor. The issue was then forwarded by the City Council to the Springfield CCI for review and direction. After meeting, producing a survey and holding a public hearing, the CCI recommended that the Council move forward in placing a Charter amendment regarding Council compensation on the ballot in November, 2014. The draft ballot title and Charter language contain the previously discussed amounts of $300 and $500 per month, respectively. The financial impact for implementing this stipend at $300 and $500 would be $27,600 per fiscal year. Ms. Smith said there is one procedural matter to clarify. The City Council are considered public officials and must abide by statutes regarding ethics, including conflict of interest. An actual conflict of interest occurs if they are making a decision that directly gives them a financial benefit or lets them avoid a financial detriment. After consulting with the Oregon Ethics Commission, she feels that this current situation is not an actual conflict of interest. If they vote on this resolution, they are creating a situation where they could have a potential conflict of interest. Therefore, they need to announce that they have a potential conflict of interest by putting this forward and letting the voters decide what they want to do. Once they have made that declaration, they may vote as usual. Councilor Moore, Councilor VanGordon, Councilor Woodrow, Councilor Wylie and Councilor Ralston acknowledged individually that they potentially had a conflict of interest in voting for this resolution. Mayor Lundberg acknowledged that she potentially had a conflict, although would not be voting on this item. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO NOT ADOPT RESOLUTION NO. 2014-28. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (VANGORDON). City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 13 2. Glenwood Priority Discussion. Assistant City Manager, Jeff Towery, presented the staff report on this item. During their May 27h Work Session, Staff presented Council with a list of possible projects to be pursued which might further stimulate the redevelopment of Glenwood, specifically the Phase I Riverfront Area. During this presentation, Council identified several key projects to be further reviewed as potential priority areas for the City to focus resources. These projects included the development of the Riverfront Linear Park and Path, the establishment of the greenway setback line, implementation of a Vertical Housing Zone, and the update of city specifications and design guidelines. Mr. Towery said staff felt each of the projects is important to pursue for many reasons. The Riverfront Linear Park and Path is a distinctive feature for redevelopment and sets a firm anchor for future development opportunities and lessens the burden to private developers to handle the acquisition, design and construction of the facility. It also insures a connective linear front multi -use path and creates an existing amenity to assist in attracting development to the riverfront area. To not pursue this project at this time would mean the path would be built in segments as redevelopment occurs over an unknown timeline. Staffs initial recommendation due to the complexity of the project, is to work with a consultant to develop a reasonable timeline for implementation, public process, property acquisition, annexation, design and navigating the National Environmental Policy Act (NEPA) process. The development project would provide the City with a detailed scope and a critical path, as well as opportunity for a funding and design partnership with Willamalane. It provides a lot of clarity for the projects scale and priority. This is a significant project and staff expects the development of the path and ultimately the construction and financing could take from seven to nine years. If the Council wants to move forward, staff will provide options. Current staff efforts could be impacted such as management of the Historic Commission, the Bike and Pedestrian Committee and plan review. Mr. Towery said any property that pursues redevelopment along the riverfront has to identify a greenway setback line. Within that line only water -related or water -dependent uses are allowed. All properties along the river will be required to establish their greenway setback line, typically at their own cost. This project could be pivotal in the decision making process in how a developer could move forward with developing their parcel. Staff recommends working with property owners to establish a greenway setback line for the entire Glenwood riverfront area as it could ease the prospect for development and allows the linear park and path to move forward. The City would notify impacted property owners to seek permission to access their property and conduct surveys. The work would be performed at no cost to the property owner. Staff anticipates this project would take about nine months to complete. Some of the areas that could be impacted in resources are current development review, Metro Plan amendments and the 2030 Plan. Mr. Towery said the Vertical Housing Zone is the third project. It is a zone intended to incentivize through subsidies mixed-use projects that include ground floor commercial and one or more upper floors of residential property. A Vertical Housing Zone would offer a ten-year property tax exemption and is a tool for the City to provide both incentives for the required mixed-use and shifts the funding burden away from the Urban Renewal District payment of system development charges (SDC). Staff recommends an initial cost benefit assessment be conducted and brought back to the Council for review. The analysis could be done within three months and would not have a significant impact on staff workload. Fully establishing a Vertical Housing Zone would take about nine or twelve months City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 14 and would occupy just under one full time employee (FTE). It is a reasonable goal to have the Vertical Housing Zone in place by July 1 2015. Some of the impacted project work would include the Community Development Block Grant (CDBG) administration, Downtown Design Plan, and Development Code updates. Mr. Towery said there are a number of codes that are not aligned. The best case scenario would be to line those up with the development standards in the Glenwood Riverfront Plan. They expected to do that work as part of the normal work plan over the next several months, but could be given a different priority based on Council guidance. Staff feels this would be a year-long project that would fully occupy one FTE. Depending on the staff work, it could impact Downtown Design, the capital improvement projects, Americans with Disabilities Act (ADA) compliance planning, emergency management, and flood plain mapping. Mayor Lundberg said she would prefer to bring these back during a work session in the fall due to the complexity. Councilor Moore said it sounds like nothing would happen this summer rather than looking into the setbacks. She asked if there are plans for anything else to start in the summer. Mr. Towery said none of the projects were currently on staff's work plans. During Goal Setting, Council asked staff to look at different ways to address Glenwood. Historically, projects such as the linear park and the greenway setbacks were done development by development and parcel by parcel. If Council wanted staff to pursue either of those projects, staff would need Council direction. Councilor Woodrow said she would like all of the projects brought to a work session so they could have a good discussion. So much of this was so important. Mayor Lundberg said she felt the linear park and the riverfront trail are two projects. The path has to do with an amount of space needed along the riverfront, and the linear park was more about development. She asked to have them separated. Councilor Wylie said she has concerns about these projects impacting current businesses, so it needed more discussion. She would like to see this in a work session. Mayor Lundberg said they had already seen maps showing the impacts of the Franklin Boulevard redesign. Mr. Towery said the first three projects listed, there will be initial steps and work done by staff that would be brought back for Council input and direction to continue or change direction or not proceed. Councilor Ralston said they all had merit and the Council wanted to focus on Glenwood. He could support going forward. Staff was asking the Council how to allocate resources such as staff time for these projects. They may not all need to be done now. Mayor Lundberg said during Goal Setting, Council wanted to focus on Glenwood, so staff is asking how they want to reallocate resources. Her number 1 priority is the path and she wanted it sooner than nine years. She felt they needed more information on each proposed project so Council could discuss it more thoroughly during a fairly short work session. They could then choose a couple to put their focus. City of Springfield Council Regular Meeting Minutes July 21, 2014 Page 15 Councilor Moore asked about the Vertical Housing Zone and that the State was considering sunsetting that in 2015. She asked if that was in January or July. Staff will need to confirm. Mr. Towery said there is a timeline on that issue due to the SEDA program of paying SDCs in Glenwood. That is not an inexpensive proposition and diverts urban renewal resources from other potential projects. After a couple of significant projects go in, a different type of incentives, such as Vertical Housing Zone would be appropriate to pursue. They could sunset the SDC program at the same time they initiate the Vertical Housing Zone or keep them both on the books with the option to developers of one or the other (not both). Mayor Lundberg said that was the kind of information that would be helpful for the work session. Mr. Towery said over the course of summer break, staff could do some in-depth analysis and bring a description to the Council of the project with identified impacts. That initial analysis step would not create a significant impact to staff s existing workload. He suggested they do that with direction from the Council. They could then bring that information back to Council when complete, approximately three months. A work session on the other projects could be scheduled right after the summer break. Council agreed that would work well. Mr. Grimaldi reminded Council of the Team Springfield joint elected officials meeting on Monday, July 28 at Willamalane Parks and Recreation District on South 32"d Street. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 8:35 p.m. Minutes Recorder Amy Sowa Attest: IDA� Go- R* City Recorder r lb4'd�t7r Hillary Wylie Council President