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HomeMy WebLinkAbout11/09/2015 Work SessionCity of Springfield Work Session Meeting MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD NOVEMBER 9, 2015 The City of Springfield Council met in a work session in the Jesse Maine Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday November 9, 2015 at 5:30 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie, Moore, Ralston, Woodrow, and Pishioneri. 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. 1. Community Development Advisory Committee (CDAC) Interviews. Erin Fifield, Development Analyst, presented the staff report on this item. The Community Development Advisory Committee (CDAC) advises Council on matters related to the City's housing and community development activities funded by federal Community Development Block Grant (CDBG) dollars, for the purposes of benefiting low and moderate -income residents and improving downtown. The CDAC recommends annual CDBG funding priorities and allocations to Council in line with the adopted Eugene -Springfield Consolidated Plan. All three upcoming vacancies have term expirations on December 31, 2015. Two members have served two consecutive full terms, and can't reapply, per the By-laws. One member resigned this year due to a scheduling conflict. Council is scheduled to appoint new members during the Regular Session on November 16, 2015. The Mayor and Council introduced themselves and interviewed the following applicants: 1. Martha Brandl 2. Scott Chase The Council asked the following questions of the applicants: 1. Why are you interested in serving on the Community Development Advisory Committee (CDAC)? (Mayor Lundberg) 2. Describe your professional and personal experience as it relates to your desire to become a CDAC member. (Councilor Moore) 3. Describe your familiarity with Springfield's affordable housing and community needs resources. (Councilor Woodrow) 4. What is it about affordable housing and community development that interests you most? (Councilor VanGordon) 5. What skills and abilities do you bring that will contribute to an effective community advisory committee? (Councilor Ralston) 6. Describe your style of communication and your approach to consensus -making. (Councilor Wylie) 7. What does an economically and socially vibrant Springfield look like to you? (Councilor Pishioneri) City of Springfield Council Work Session Minutes November 9, 2015 Page 2 Isabelle Mathews was not able to attend the meeting to be interviewed. Mayor Lundberg said there were several points of discussion, including the fact that Scott Chase is currently serving on another City Committee. She noted some of the questions and asked that in the future, a question could be added that is more geared towards the financial aspect of serving on the CDAC, and how to prioritize allocating the funds. Councilor Ralston said he did not have an issue with Mr. Chase serving on another City committee. Discussion was held regarding Mr. Chase serving on both the Springfield Police Advisory Committee (SPAC) and the CDAC. Council decided to wait until they could interview the third applicant to make a final decision. Ms. Fifield said she would reschedule the interview with Ms. Mathews. 2. Mobile/Manufactured Home Park Information. Senior Management Analyst Courtney Griesel presented the staff report on this item. The City, not unlike other communities, is grappling with a large population of residents (estimated 1,400), owners and renters, living in mobile and manufactured homes in parks across the urban area. Many of these parks and/or structures are beyond their designed life, distressed and facing infrastructure failure, park overcrowding, informal agreements between park owners and structure owners and renters, and impacts of redevelopment where the park is on non -conforming industrially zoned and/or on privately owned land. These factors create an environment where park residents may be at risk of being displaced and municipalities and regional service providers may be unprepared for the sudden impact to a group of residents requiring housing assistance. In order to address these universal concerns, staff partnered with HUD and the South Willamette Valley Regional Solutions Team (S)ArVRST) to host a state-wide service provider and practitioner roundtable discussion around existing and needed tools and next steps. Immediate action items and tools identified included: • Mobile Home Park Owner Annual Training Promotion and Follow -Up • Convening of Current Funders and Resource Providers to Mobile Home Parks • Development of a Decision Tree • Creation of Rapid Response Teams and Team Structure • Statewide Transition Specialist Role Based on these items, the City, supported by HUD and the SWVRST, is requesting formal designation by the Governor's Office as an Oregon Solutions (OS) project to create a formal action plan and `tool kit' which might be available to a jurisdiction faced with sudden notice of park closure. The OS project will result in the creation of a sequence of `best practice' steps to help the impacted jurisdiction implement a formal park -specific action plan and rapid response team to manage communication, engage service providers, streamline local and state process and paper work, and request any additional assistance needed during the initial sensitive stage directly following receipt of closure notice. This solution is intended to be used as a template and foundational action plan for jurisdictions across the state. This work is expected to take place throughout the next 12 months with multiple updates to Council. City of Springfield Council Work Session Minutes November 9, 2015 Page 3 Councilor Moore said she had heard compliments about Ms. Griesel pulling together the roundtable discussion and coming to an outcome. This is a statewide issue. Councilor Ralston said he wants to make sure that whatever solution is found, it does not find that the City or government agency is financially responsible for relocations. If a park closes, it is up to the park and tenants to work out a solution. He is excited about the opportunities presented. Councilor Pishioneri said these are opportunities to upgrade people's living conditions and an economic opportunity for the City. He would like to be able to use Economic Development funds to make things happen if it is possible or needed, as long as there is a return on tax money. Ms. Griesel said during the roundtable those issues were addressed. The discussion continued to come back to the fact that the City and State would get the calls and we currently have no process for handling calls and directing people appropriately. Councilor VanGordon said it is an important issue and he is glad the City is working on this and some progress has been made. He asked what the deliverable would be at the end of twelve months if the OS designation was received. Ms. Griesel said they have proposed a rapid response action structure. It would be an action plan that once triggered would create a series of solutions based on circumstances. It helps navigate the existing resources in the State and jurisdictions. In order for that to occur, all of the service providers need to know how this works and be on board. In theory it could work for any mass closure of housing. Councilor VanGordon said decision trees are very linear and structured, and he felt they needed more flexibility. He shares Councilor Ralston's concern about tax dollars, but also knows that if it happens we need to do what we can. The final tool kit needs to be something very useful. The meeting notes identified three scenarios. He suggested collapsing those into two scenarios to get a simpler tool kit. Ms. Griesel said the tool kit may or may not use the scenarios. Councilor Woodrow said each community in Oregon is unique, with unique situations. The tool kit needs to be adaptable to each community's needs and not penalize them if they don't use something. Councilor Moore asked if this would address a situation similar to Jim's Landing. These are our citizens and we should try to help out where we can. Ms. Griesel said the group agreed those types of issues are examples where this could be a response for staff. Regardless of who is responsible, governments will get the calls and be responsible for passing that call to the next service provider as appropriate. The easier the process, the better. In many cases, the structure of a mobile home park is similar to the structure of an apartment dwelling. Mayor Lundberg said Ms. Griesel had done an excellent job and Springfield is the leading example in Oregon in terms of how to deal with an issue that is a statewide issue. We can help direct what transpires. There are many mobile home parks in Springfield and we haven't had a plan in place to address a closure. No matter who pays, you still have citizens who come to the government for help. This is a way to approach what we can do and find solutions. It opens up many opportunities to figure out housing for all of our citizens and how we use our land. Many good things result from this tool kit. It also makes us prepared when people come and need help. City of Springfield Council Work Session Minutes November 9, 2015 Page 4 Councilor Moore asked if it would help with the application if a support letter was included from the Mayor or Council. She said she would be happy to provide something if needed. Ms. Griesel said a letter was being drafted for the Mayor's signature, but others would help. Councilor Ralston asked about notification required if a mobile home park closes. Ms. Griesel said in a standard closure, the park owner has to give residents a one-year notice, and some monetary assistance. The monetary assistance is not enough to cover cost and only applies if the resident owns the structure. There are still a large percentage of renters in the parks. Mayor Lundberg said Council was supportive of staff moving forward with their work. 3. Potential Regulations of Medical and/or Recreational Marijuana. Mary Bridget Smith, City Attorney, presented the staff report on this item. In November 2014, Oregon voters approved Measure 91, the Control and Regulation of Marijuana Act, which legalized the growth, sale, and use of marijuana for recreational purposes. Currently, registered medical marijuana dispensaries are authorized to sell medical marijuana to medical marijuana cardholders and recreational users over the age of 21. Beginning in January, Oregon Liquor Control Commission (OLCC) will accept applications for recreational marijuana business licenses. The 2015 Legislature adopted HB 3400, an omnibus bill that amends the Oregon Medical Marijuana Act (OMMA) and Ballot Measure 91. Additionally, the Legislature adopted HB 2041 (2015), which revised the tax structure for recreational marijuana and SB 460 (2015), which authorizes early sale of recreational marijuana by medical marijuana dispensaries. Under HB 3400 and home rule authority the City has a number for options for regulating marijuana. Whether to regulate is a local choice. Ms. Smith described the three different form of regulating marijuana—tax, business license, and land use – and how those can be addressed. Through tonight's discussion, Council can then identify where gaps may exist between what state law allows and what the City wishes to further restrict. Councilor Ralston said he supports the medical marijuana program and does not want to tax medical marijuana because we don't tax other medicines. He would also not like to go to the voters to support a 3% tax in recreational marijuana since we already get a share from the State. Mr. Grimaldi said the tax amount from the State is based on the number of establishments. Councilor Pishioneri said he is not in favor of taxing medical marijuana, but supports taxing retail recreational marijuana. He would like to look at the amount we would receive and where they are to be dedicated. He feels the voters would pass it if the City identified where the funds would be allocated. Councilor VanGordon agreed there should be no tax on medical. He would like more information on a tax for recreational marijuana, how it would work, and where the funds would go. If they are going to go to the voters for this tax, they need that information. City of Springfield Council Work Session Minutes November 9, 2015 Page 5 Councilor Moore said she would like information on the following: if the taxes we receive from liquor and cigarette sales are designated to a particular fund or just into the General Fund; and how the liquor and cigarette taxes were collected or distributed. Councilor Woodrow said she was not in favor of taxing medical marijuana. She could be in favor of taxing recreational marijuana, but would want to know how it is collected, how much we would collect, and if it would be worth collecting in terms of our cost to collect. Councilor Wylie asked about the status of the Council vote to tax marijuana. Ms. Smith said when Council adopted the ordinance to allow taxation of marijuana it was to give the City some flexibility. They approved the authority to tax, but did not set an amount. With the new legislation regarding going to the voters to implement a tax for recreational marijuana, she would recommend referring it to the voters. Councilor Ralston asked how much revenue a tax on recreational marijuana would bring into the City. The only way he would support such a tax is if it went towards something to get the City off one of our levies. He would like to see the revenue projections less the cost to collect. Ms. Smith said they would have that information before referring something to the voters. Mayor Lundberg said she does not want to tax medical marijuana. She spoke regarding the other aspects for Council consideration. She is in favor of the staff recommended zoning. Ms. Smith confirmed that Council did not want to tax medical marijuana, but wanted more information about potential revenue for recreational marijuana, the process and where the funds could be allocated. Another consideration was to implement a business license for recreational marijuana. There are different type of owners for recreational — retailers, wholesalers, processors, and growers — and it might be helpful to know what types of businesses are in the City when looking at a potential tax. Councilor Ralston said currently medical marijuana dispensaries are selling recreational marijuana and already paying a business license. He asked if they would have to pay two business licenses. Ms. Smith said medical marijuana dispensaries under the temporary rules are able to sell recreational marijuana because the State won't be able to issue the licenses until later in the year. She is asking if the Council would like to have a business license for those recreational businesses that will be regulated by the Oregon Liquor Control Commission (OLCC). It would help identify where they are located and the type of business they are running. Mayor Lundberg said when someone gets a liquor license, it has to go through the City and there is a fee. She would like the same process for recreational marijuana. Councilor Pishioneri said it would also help by monitoring police calls. Ms. Smith said she will check with the OLCC about their process and how it connects with the City. It does in the land use. City of Springfield Council Work Session Minutes November 9, 2015 Page 6 Mayor Lundberg said they need to look at what the City will do separately because it is different from liquor because of the different types of businesses. She is most interested in zoning and where they are located. Councilor VanGordon said he was comfortable keeping licenses for both medical marijuana and recreational marijuana. He asked about consumption of power for growers and the impact on the power grid. He asked how we get information on that and the impact on Springfield Utility Board (SUB). Mr. Grimaldi said another issue with growers is the odor that can impact neighbors. Ms. Smith said those were more land use issues, and have been discussed by staff. Councilor Moore said they should look at implementing significant code enforcement and fines for those violating laws to help track problem areas and issues. Ms. Smith said there are two types of violations. The first are around licensing violations and the second are for land use. She will look at both. Councilor Woodrow asked where daycare exists in the zoning. Ms. Smith said State law does not address daycare, only schools. Councilor Woodrow said it is hard to add that in, yet it is a concern. Daycares can come and go in residential area so it makes it difficult to monitor and use as a buffer area. Ms. Smith said they could look at that in regards to different types of daycare. There are daycare centers that are likely to be in commercial or industrial areas; and in-home daycare centers that are in residential only. There could be other laws regarding strictly residential areas that may cover the latter, but she would look into it further. Councilor Ralston said he remembers the maps showing the buffer zones, which left few places for medical marijuana dispensaries. He doesn't want to be more restrictive than what they decided before for either. Councilor Pishioneri said he has seen a number of shops in a short distance on Main Street and would like to see buffers for recreational marijuana. The State law says they cannot have one medical marijuana facility within 1000 feet of another. He would like to have minimum state levels for recreational. It makes sense to have a buffer of no less than 1000 feet from schools, daycare centers and child development centers. He also felt there should be a 100 foot buffer from residential, leaving plenty of opportunity to have private businesses selling recreational marijuana. Ms. Smith said the zoning discussion will assist with the topic of a buffer. Staff can provide maps showing those zones. She asked if the zones in the memo made sense. Councilor Pishioneri said it treated them the same as other similar businesses. Mr. Donovan said this is continuation of a discussion regarding buffers between dispensaries and from residential districts to dispensaries. They had also discussed distance from daycares, parks and transportation corridors. Willamalane was more focused on the parks where children congregate rather City of Springfield Council Work Session Minutes November 9, 2015 Page 7 than the transportation corridors. They will now be adding discussion about recreational marijuana buffers. The maps will show all of the impacts of any buffer options. Councilor Moore said dispensaries are only for dispensing and not for consuming, similar to liquor stores. That is different than a bar where people consume the product. Councilor VanGordon said he is in favor at looking at a residential buffer. Fifty feet seems small and 500 feet seems too big. Councilor Moore said producing and growing also need different regulations. Councilor Wylie said she is concerned about buffer zones overlapping leaving no place for businesses. It is wise to be concerned, but she is more concerned about the odor of growers in residential areas. She wants to be sensible. Mayor Lundberg said she is concerned about extracts and other flammable products. Liquor stores are State run so that is why there are so few of them. There will need to be a robust code around these different types of businesses because there are a lot of issues. Ms. Smith said staff would look into safety and other impacts to neighbors for land use. She asked if Council was fine with staff taking the land use regulations to the Planning Commission first and then back to Council. Council agreed that going through the Planning Commission first was fine. Mr. Grimaldi said the information brought to the Planning Commission will be framed around the issue brought up by Council. Ms. Smith said the State is still working through some of the regulations. Staff will look at the land use options, taking into consideration safety and impacts to neighbors. They will also look at buffers and zoning. This information will go to the Planning Commission and then back to the Council. She will go through Finance to get information for the business license and tax discussion. At this time, dispensaries can sell recreational marijuana until the OLCC gets its registration going for recreational. More dispensaries may start selling recreational marijuana between now and when the City is able to put regulations in place. The first licenses from OLCC will be issued approximately by the 3rd quarter of 2016. Applications will be taken in January 2016. Councilor Pishioneri asked if there was anything we could do to implement a moratorium on recreational sales. Ms. Smith said she would check. Mr. Grimaldi asked if he wanted to put in something very restrictive, and then open it up later. Councilor Moore asked what growers and producers could do in the meantime. Ms. Smith said they would not be able to start growing or producing until the licenses are issued. Councilor Moore said there should be a difference in licensing based on the amount someone is growing or producing. City of Springfield Council Work Session Minutes November 9, 2015 Page 8 Ms. Smith said the current recommendation is to look at a City business license for a recreational retailer and for a recreational grower, wholesaler or producer. They had not considered differentiating by size or quantity. Councilor Moore said she would like to differentiate the license fee based on the amount produced. Mayor Lundberg asked if the State was working on rules for recreational. Ms. Smith said she believed they were. Mayor Lundberg said those people interested in this have their own best interest in mind and will be cautious in case tighter restrictions are put into place later. She would prefer to let the free market run its course while things are being worked out. The City can identify their intentions so people know what they might expect as part of their planning. Councilor Pishioneri said he is concerned that people could use a grandfather clause in court to continue doing business where they start. Ms. Smith said her understanding is that the grandfather rules apply only to medical grows and not recreational. She will look into that further. Councilor Pishioneri said he wants to be confident on the rules that will be coming and let businesses know of the possible zone regulations that would affect their business. Mr. Donovan said recreational facilities cannot get a license yet. The City should have our rules in effect by the 3rd quarter when licenses are issued. Mr. Grimaldi said the buffers currently in place are only those in the State Code. None of the buffers talked about in the Council work session last year are in effect. ADJOURNMENT The meeting was adjourned at 7:04 p.m. Minutes Recorder — Amy Sowa Christine L. Lundberg Mayor Attest: Amy Sow City Recorder