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HomeMy WebLinkAbout03/21/2016 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY MARCH 21, 2016 The City of Springfield Council met in regular session in the Council Chambers,225 Fifth Street, Springfield, Oregon, on Monday, March 21, 2016 at 7:00 p.m.,with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, 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. Councilor Wylie was absent(excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. SPRINGFIELD UPBEAT CONSENT CALENDAR 1. Claims a. Approval of February 2016,Disbursements for Approval. 2. Minutes a. February 8, 2016—Work Session b. February 16, 2016—Work Session 3. Resolutions 4. Ordinances a. ORDINANCE NO. 6345—AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION 5.300 REGARDING SALE AND DISTRIBUTION OF TOBACCO TOBACCO PRODUCTS,AND INHALANT DELIVERY SYSTEMS TO MINORS. b. ORDINANCE NO. 6346—AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION 7.450 and 7.452 REGARDING TOBACCO AND INHALANT DELIVERY SYSTEM VENDING. c. ORDINANCE NO 6347—AN ORDINANCE AMENDING CHAPTER 5, "PUBLIC PROTECTION" SECTION 5.104"MISDEMEANORS AND VIOLATIONS—STATE STATUTES ADOPTED"OF THE SPRINGFIELD MUNICIPAL CODE (SMC) TO ADOPT BY REFERENCE OREGON REVISED STATUTES (ORS) CHAPTERS 161, 162, 163, 164, 165, 166, 167, 181, 471 475 AND ORS 480.110 TO 480.160 THEREBY ADOPTING STATE ORS CRIMINAL STATUTES. L City of Springfield Council Regular Meeting Minutes March 21,2016 Page 2 d. ORDINANCE NO 6348—AN ORDINANCE AMENDING CHAPTER 2, "GOVERNMENT AND ADMINISTRATION" SECTION 2.005 "TERRITORY -WARDS"OF THE SPRINGFIELD MUNICIPAL CODE(SMC)TO ADOPT LEGISLATIVE CHANGES REGARDING SIZE OF PRECINCTS 5. Other Routine Matters a. Allow Construction Activities Outside of the Hours of lam and 6pm, in Order to Complete Construction Activities in Association with the Repair of a Leaking Water Service at 3693 East Game Farm Road. b. Approve the Amendments to the Budget Committee Bylaws. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO APPROVE THE CONSENT CALENDAR. THE.MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—WYLIE). 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. Amend the Springfield Development Code to Regulate the Time,Place and Manner by Which Land and Buildings may be Used to Produce, Process, Sell Wholesale and Sell Retail Recreational Marijuana and Recreational Marijuana Products. ORDINANCE NO. 5 —AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTION 3.2-310 AND 3.2-410 ADDING VARIOUS RECREATONAL MARIJUANA BUSINESSES TO SPECIFIC COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, SECTION 4.7-177 ADDING DEVELOPMENT STANDARDS APPLICABLE TO RECREATIONAL MARIJUANA BUSINESSES; AND SECTIONS 3.2-210, 3.2-415, 3.2-610, AND 3.4-255 PROHIBITING RECREATIONAL MARIJUANA BUSINESSES; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Jim Donovan,Planning Supervisor, presented the staff report on this item. The proposed amendments to the Springfield Development Code are the result of 3 work sessions and a single public bearing of the Planning Commission. These proposals regulate the time; place; and manner by which land and buildings may be used and occupied for purposes of producing, processing, selling wholesale and selling retail recreational marijuana and recreational marijuana products. These regulations include relevant statutory requirements for setbacks from schools and other licensed marijuana businesses; identify specific zoning districts where these various uses are permitted; and identify specific zoning districts or locations where these various uses are prohibited. The Springfield City Council conducted a work session on November 9, 2015 to begin consideration of new land use regulations for state licensed medical and recreational marijuana business activities. Council directed staff to work with the Planning Commission to research the zoning issues and recommend a package of code revisions for Council review and adoption. The code proposal was developed with Planning Commission, industry and public input prior to the Planning Commission City of Springfield Council Regular Meeting Minutes March 21,2016 Page 3 recommendation of approval to City Council. The City Council may approve, amend or extend review of the recommended code amendments prior to adoption scheduled for April 4, 2016. Mr. Donovan reviewed the uses and the special standards associated with the different uses as outlined in Attachment 2 of the agenda packet. He noted that Springfield does not permit retail outlets to co- locate with any of the industrial uses. While referencing item number 4 regarding setbacks to parks, he noted that he had attended a Willamalane Board Meeting to explain the buffers. The Board was comfortable with the buffer. It exempts the trails at this point. He described the two tier approach to indoor growth and the different tiers for outdoor growth. Mr. Donovan said staff finds an adequate basis within the criteria of approval to adopt whichever package of time, place and manner the Council may choose. Councilor VanGordon asked about Section G,Planning Review, and under what situations MDS would be utilized for a marijuana related business. Mr. Donovan said if someone had a retail facility that was fully developed or had a recent site plan approval, staff would exercise the MDS provisions and address the requirements of recreational marijuana. It would give staff a chance to verify buffers. Councilor VanGordon asked if that would be for any commercial building, or only if moving a marijuana related business to another marijuana related business. Mr. Donovan said staff would look for the triggers for change of occupancy or a different category. Mayor Lundberg opened the public hearing. 1. Bob Keefer Willamalane Parks and Recreation District Superintendent, Springfield, OR. Mr. Keefer said the Willamalane Board met with Mr. Donovan who explained the complexity of this issue in relation to parks. What is unique about Springfield is the combination of school parks working together to site public facilities together. So many of our parks are already within the 1000 foot buffer of the State statute for schools. The 500 foot buffer didn't have a great impact on that provision,but gave the buffer they want. The Board appreciated being able to comment and authorize Mr. Keefer to provide a letter to the Council recommending the Council support the proposal. 2. Karl Mueller, Springfield, OR. Mr. Mueller said he was here on behalf of his client who opposes a portion of the ordinance. They oppose the prohibition of marijuana production facilities in the LMI(Light Medium Industrial)zone and asked the Council to consider allowing production of marijuana in the LMI zone. They believe the meaningful operating characteristics and impacts of a marijuana production facility are similar to the uses allowed in the LMI zone than those allowed in the HI(Heavy Industrial)or SHI(Special Heavy Industrial) zones. He did not see an explanation in any of the materials why any of the zones were selected for prohibition. He found in a Director interpretation as submitted by Wave Holding, LLC, a statement that, "The range of industrial activities is generally broad,but there is an emphasis on production being a phase or two beyond raw material conversion. Marijuana production"growing" is not consistent with the production uses anticipated in this zone, nor is there the expectation of the conversion of raw bulk shipments to finished product."He feels interpretation of the LMI zone is in error and the ordinance should not be codified by the City in this form. The statement that"growing is not consistent with the production use anticipated City of Springfield Council Regular Meeting Minutes March 21,2016 Page 4 in the zone" is conclusory, without articulate support and not supported by the evidence in the record. Part of the challenge is that growing,trimming and harvesting marijuana doesn't fit entirely neatly within any of the industrial zones,but their position is that manufacturing indoor marijuana and the impacts associated with that production is far more similar to the uses and impacts allowed in the LMI zone than those in the HI and SHI zones. He read from the section on LMI in the Springfield Development Code, and noted the term"generally involved(in the secondary processing)". There is no requirement that uses are always involved in secondary processing or that precludes the primary processing of materials or the production of said materials in the LMI zone. Mayor Lundberg said she would ask Mr. Donovan to clarify his concerns so Council can discuss it further. 3. Dan Larsen, Springfield, OR. Mr. Larsen said marijuana is against federal law and any rules and regulations the Council enacts would also be against federal law. 4. Kris McAlister, Springfield, OR. Mr. McAlister said the Planning Commission did their job well and he felt the elected leadership and City leadership has been open to conversations about this topic. He felt that being more inclusive in the coming year would be beneficial to try to understand that Springfield stands on its own and does not follow other communities. There are things in this plan that he does not agree with, but he feels it is a good step in the right direction. He would like to make sure they separate recreational from medical marijuana in all of their processes. Each individual has their own needs that need to be considered. 5. Jessi Preston, Springfield, OR. Ms. Preston said the decisions made here will affect how big business looks at our community and whether or not they want to come in and bring money into our community. Mayor Lundberg closed the public hearing. NO ACTION REQUESTED. FIRST READING ONLY. Mayor Lundberg asked Mr. Donovan to address the testimony on LMI. Mr. Donovan said when working with the Planning Commission,they considered some of the olfactory impacts of large marijuana grows. He described the size of the grows they considered and how they determined the square footage. In considering those potential impacts, and from concerns from people living near small grows where there is a substantial olfactory impact, it was necessary to use the average person reasonable test approach of having both size and distance limitations, and having them located in HI districts where olfactory impacts are anticipated from large operations. Using those three factors and addressing the processing of raw materials may fit better with the HI zone. Mr. Towery noted that Mr. Mueller provided his testimony in writing,which would be provided to the Council and City Attorney. Councilor Pishioneri said he personally disagreed with the use of marijuana and intoxicants,but as an elected official he must represent the people. He also represents people who are in business or trying to start a business in Springfield, and this is a business venture. He would like to propose eliminating the over and above state standards for buffers for retail sales of marijuana so everyone is on the same City of Springfield Council Regular Meeting Minutes March 21,2016 Page 5 playing field. Current regulations do not regulate how many bars or restaurants can be located within 1000 feet. This is a buffer on business which he disagrees with, and feels we should treat all businesses the same. He asked that they strike anything over and above state law in regards to retail sales buffers. Councilor Ralston asked if there was an example he could show on the map. Councilor Pishioneri said it would leave only the state buffers for schools and many of our parks are protected by that buffer. Mayor Lundberg said the way it is currently written,two retail businesses could not locate next to each other. Councilor Pishioneri reiterated that he opposes the use of intoxicants,but he has a responsibility to the people of the community. This is about being open for business in Springfield. If it is a legal business, we should be open for all businesses. Councilor Ralston said he agreed. Putting restrictions on legal businesses is being biased. Mr. Donovan said the buffers were considered by the Planning Commission, and were based on restrictions of medical marijuana dispensaries. Ms. Smith confirmed that they were talking about resale outlets only, the 1000 foot buffer from other recreational marijuana retail businesses. There is also a proposed 50 foot buffer separately a marijuana retail outlet from residential districts or 500 feet from parks. Councilor Pishioneri said he wanted it to conform to State law. Mr. Donovan said during the Planning Commission discussions they looked at perpetuating the State system, and had the support of the existing business community for recreational and medical marijuana. The Planning Commission discussed the balance in being business friendly. After thoughtful discussion,the Planning Commission and staff recommendation is to stay with the State regulations regarding school and dispensary buffers of 1000 feet. The 50 foot buffer to residential is not in the State statute, nor is the separation from parks. Councilor Pishioneri confirmed that he wanted the 1000 foot buffer between retail businesses to be removed. He is fine leaving the 50 foot residential buffer and the 500 foot park buffer. Councilor Moore said zoning restrictions are much easier to remove than to add. Since we don't have a history of dealing with recreational marijuana businesses, she would like to see the buffer kept in the ordinance and revisiting it in a year to see if they should be lifted. Councilor Woodrow said she is fine with Councilor Pishioneri's proposal. We don't currently restrict other businesses from locating next to each other. They need to be fair and treat all businesses the same. She feels the businesses will sort themselves out. Councilor VanGordon agreed and said if they just look at them as businesses, they should be treated like other businesses. He is supportive of removing the 1000 foot buffer between businesses, especially since we don't have a good explanation of why it was added. City of Springfield Council Regular Meeting Minutes March 21,2016 Page 6 Mayor Lundberg said she was fine either way. She would like to see the information about the LMI zone and why it should be allowed. If we are business friendly, we need to be consistently business friendly. This is a first reading so there is time to make changes. Councilor Ralston said the issue he sees is the odor and we haven't had to deal with that in the past. Normally uses in the LMI zone don't cause an odor. If there was a way to resolve that, he would be fine removing buffers. Mayor Lundberg said she would like to get all information and arguments for and against the buffer before having a final discussion and making a decision. Mr. Donovan said staff would look at location of LMI zones proximate directly to LDR zones. They will also look at indoor and outdoor. It may take a modification of the HI or LMI zoning district which may require more time. Mayor Lundberg asked that when they come back to discuss this, he identify LMI, HI and SHI so they can see them in groupings and how many there are. Councilor Pishioneri asked that staff also check exhaust air treatment modification and how effective that might be to mitigate the odor. Mr. Donovan said in addition to location and zoning regulations, staff will look at some of the mitigation techniques as well. Councilor VanGordon said information on the mitigation techniques will be helpful. There are a lot of residential areas, especially in his ward, that are adjacent to LMI zones. Ms. Smith said they could bring this forward on April 4 for another first reading. Council could make a motion and take a vote on the retail to retail buffer, and staff could have that prepared for April 4. Staff will also do the research on the industrial zoning and bring that information. Mr. Donovan said due to public involvement, he would recommend another public hearing be held regarding the 1000 foot buffers. IT WAS MOVED BY COUNCILOR PISHIONERI WITH A SECOND BY COUNCILOR WOODROW TO CHANGE ORDINANCE NO. 5 UNDER THE HEADING OF RETAIL TO STRIKE THE STATEMENT OF THE 1000 FOOT BUFFER FOR THE SEPARATION OF RECREATIONAL MARIJUANA RETAIL BUSINESSES FROM ALL OTHER MARIJUANA RETAIL OUTLETS. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 0 OPPOSED (1 ABSENT—WYLIE). Mayor Lundberg said this would come back for another public hearing. 2. Business License Regulations for Recreational Marijuana Businesses. ORDINANCE NO. 6—AN ORDINANCE ADDING SECTIONS 7.1100-7.1104 TO CHAPTER 7 OF THE SPRINGFIELD MUNICIPAL REGARDING RECREATIONAL MARIJUANA BUSINESSES (FIRST READING) Mary Bridget Smith, City Attorney, presented the staff report on this item. City of Springfield Council Regular Meeting Minutes March 21,2016 Page 7 Under House Bill 3400(2015), local governments may pass ordinances relating to and governing the production, use, sale, and licensing of recreational marijuana. The City seeks to adopt reasonable regulations governing recreational marijuana businesses in the City of Springfield. Council is in the process of considering development code amendments adopting land use regulations for medical and recreational marijuana businesses. Medical marijuana dispensaries are currently required to obtain a business license from the City under SMC 7.600 et seq, but there is no such requirement for recreational marijuana businesses. City staff recommends that recreational marijuana business regulations be adopted at the same time as the associated land use regulations in order to prevent a gap during which these businesses are allowed under the development code,but not regulated by the municipal code. The attached ordinance is modeled after the medical marijuana dispensary regulations,with modifications as appropriate under state law for recreational marijuana businesses. The ordinance accomplishes the following: • Creates definitions for regulation • Requires recreational marijuana businesses to obtain a business license,pay a fee and abide by adopted regulations; creates separate licenses and fees for retail and non-retail businesses(i.e. processors,producers,wholesalers). • Requires all employees to undergo a background check • New recreational marijuana businesses shall locate in accordance with state regulations and local zoning regulations • Precludes minors on site except where allowed under state regulations. • Requires compliance with the City sign ordinance • Requires compliance with the City alarm code(alarm systems are required under OLCC regulation) • Sets hours of operation(consistent with OLCC regulations for retail sales). • Precludes free distribution • Precludes public consumption on site. Mayor Lundberg opened the public hearing. 1. Dan Larsen, Springfield, OR. Mr. Larsen recommended that the City Council not give any marijuana dispensaries permission to sell within the City limits.It is in violation of Federal law to allow this to happen. 2. Kris McAlister, Springfield, OR. Mr. McAlister said there are two documents the Council may want to consider—the Ogden memorandum and the Cole Memorandum which give clear instructions on how businesses, if by motion of the members of the State to do certain things regarding cannabis,there are ways to do it and ways not to do it. These documents are great for setting up our system. He has issues with businesses, especially those selling both medicinal and recreational marijuana, being refrained from giving away free items, especially for those in hospice and low-income. As those are not set by a cap,these are open to the free market and people's health is a high commodity. Mayor Lundberg closed the public hearing. NO ACTION REQUESTED.FIRST READING ONLY. City of Springfield Council Regular Meeting Minutes March 21,2016 Page 8 Ms. Smith noted an error in the agenda item summary stating an emergency clause. This ordinance does not have an emergency clause and will come back for a second reading. 3. Amendments to Medical Marijuana Business Regulations. ORDINANCE NO. 6349—AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION 7.601, DEFINITIONS AND 7.603, OPERATIONAL REQUIREMENTS, REGARDING MEDICAL MARIJUANA DISPENSARIES, AND DECLARING AN EMERGENCY. Mary Bridget Smith, City Attorney, presented the staff report on this item. Under SB 1531 (2014) local governments may impose"reasonable regulations"on dispensaries. The City has determined that current state regulation of dispensaries under HB 3400 (2015) is consistent with City policy. The City seeks to amend its medical marijuana regulations to be consistent with State regulation of the packaging and labeling of marijuana, conditions under which minors are allowed in dispensaries, and the definitions of marijuana under state law. HB 3400 (2015)mandates that the State adopt labeling regulations and regulations requiring child- resistant safety packaging for marijuana and marijuana items. Due to these new state labeling and packaging regulations, municipal regulation of packaging and labeling is no longer necessary to enforce City policy. Under OAR 333-008-1220, adopted pursuant to HB 3400 (2015), all useable marijuana and marijuana items must be labeled with the following information: • The amount of THC and CBD potency • The weight of flowers or plant material, or weight or volume of usable marijuana in the packaged finished product for marijuana items • Test batch number and date tested • Who performed the testing • A label for flowers or useable plant material describing the strain • A warning label for edibles which states: "WARNING: MEDICINAL PRODUCT—KEEP OUT OF REACH OF CHILDREN" in bold font and a size that is larger than the font size of the other printing on the label. After HB 3400 passed, medical marijuana statutes were renumbered. Accordingly, references to ORS chapter 475 need to be updated to the new statute numbers in chapter 475B. In addition,HB 3400 corrected an error in the definition of"marijuana"that previously miscategorized the plant family of Cannabis, and the correct definition should be incorporated into the Municipal Code. The proposed ordinance also repeals the prohibition against minors entering any portion of a dispensary, as result of feedback to City from dispensary stakeholders. Areas where usable marijuana is located would remain off-limits to minors by OHA regulations; this ordinance would not affect minors in recreational retail businesses. These regulations will become effective immediately if adopted under emergency procedures. Mayor Lundberg opened the public hearing. 1. Dan Larsen, Springfield, OR. Mr. Larsen reminded Council of the people who have been endangered and hurt with marijuana. Recently, a house blew up when someone was City of Springfield Council Regular Meeting Minutes March 21,2016 Page 9 processing it for the oil. It is a threat to the community and his neighbors. He feels the Council doesn't have our children's best interests in mind. There are overdoses when children get ahold of marijuana products. They need to look at the laws. Dispensing and use of marijuana is against federal law and Springfield is going against what is in that law. He can't understand how they can continue processing and giving permission for a drug which is intoxicating and damaging to young people, causing brain damage. It's like selling drugs to support schools. 2. Jessi Preston, Springfield, OR. Ms. Preston referred to the provision of allowing children in the dispensary and said it is the same as taking your child with you to the pharmacy. It is just as safe. There are many laws in place so there is no one using it at the site. The establishment should be a safe environment if it is following all of the regulations. 3. Kris McAlister, Springfield, OR. Mr.McAlister thanked the City for the adjustment to the lobbies. Children should not be left in vehicles while people wait in line to get their legally obtained cannabis. Having these rules and having an engagement with these people will allow the community to understand the real dangers. He asked that when they consider the legality of this product,they make sure there are safe places in our community for product to be dropped off to be blasted,which is currently illegal by our State without a permit. Part of the issue includes not being done through medical blasting, but through consumers trying to make their own medicine avoiding costs and regulations. These are people who are not going to follow the rules anyway. He asked that the City look at options where we can have safe areas for people to go, or incentives for businesses to come here and put the burden into the hands of people who are trained to make the system as compliant with federal law where possible, state law, and engaging with the people as they are, not as we want them to be. Mayor Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO ADOPT ORDINANCE NO. 6349. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST(1 ABSENT—WYLIE). 4. Master Fees and Charges Schedule—Spring 2016 Update. RESOLUTION NO. 2016-05—A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ADOPTING A MASTER FEES AND CHARGES SCHEDULE FOR FEES, CHARGES, RATES, PERMITS AND LICENSES AS ESTABLISHED BY THE SPRINGFIELD MUNICIPAL CODE, FIRE CODE,AND BUILDING CODE. Bob Duey, Finance Director, presented the staff report on this item. Mr. Duey said this is a follow-up from the work session held Monday, March 14 in which they discussed adjusting the Master Fee Schedule. The packet includes information describing all of the changes under consideration that are not just based on a cost of living adjustment(COLA)change. The full Master Fee Schedule is also included in the packet and includes those changes as well as the COLA changes. He referred to the manufactured dwelling park license which they evened out to make it more consistent and uniform. They changed the name of the Commercial Plan Check fee,which is now the Fire Code Plan Check fee. He noted other changes discussed last week, including the Building Fees which were recommended by the State. Mayor Lundberg opened the public hearing. City of Springfield Council Regular Meeting Minutes March 21,2016 Page 10 No one appeared to speak. Mayor Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO APPROVE RESOLUTION NO.2016-05. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—WYLIE). BUSINESS FROM THE AUDIENCE 1. Dan Larsen, Springfield, OR. Mr. Larsen spoke regarding the ordinance related to panhandling and the fines for giving items to those in the roadway. Living in Springfield for 20 years, he goes through the intersection at Gateway and Beltline often. There are often panhandlers at that site, and he has witnessed near accidents at that location several times. He has seen cars stop even at green lights in order to give, nearly causing rear-end collisions. He feels it is an unsafe situation having panhandlers soliciting drivers. The other issue is the trash left behind by the panhandlers. Other cities have similar ordinances in Oregon, and they also have it in Boise, ID where his daughter lives. He asked the Council to pass the ordinance. 2. Michael Carrigan, gene, OR. Mr. Carrigan is staff support for the Springfield Shelter Rights Alliance, a program of Springfield Alliance for Equality and Respect(SAFER). He thanked the City for their role in creating the G Street Oasis project. It is a wonderful collaboration and helps scores of families in Springfield. He spoke regarding rest stops in Eugene and would like to propose those in Springfield. Square One Village in Eugene has been incredibly successful and a model to the world. At the last Eugene City Council meeting, the Council voted unanimously to authorize the rest stops for another year. He felt rest stops would work well in Springfield,too, and don't cost the cities or county any money. They are supported by the people that run and support them. Mr. Carrigan said he is mainly here to speak in opposition of the ordinance banning panhandling on public roadways. The ordinance is unneeded and unfair, and that there are existing statutes that address reckless driving and impeding traffic. For many unhoused folks, especially single men, asking for donations on a street corner is how they survive. It is wrong to make it more difficult for concerned drivers to help out those in need. He referred to a non- housed veteran who goes to `work' everyday on a corner in Eugene and makes just enough to get by. He doesn't want to make it more difficult for those trying to earn money or those wishing to help. 3. Sue Sierralupe, Eugene, OR. Ms. Sierralupe said her business is located in Springfield. She was raised in a very religious family that taught her that volunteer work is an obligation,not an option. Happily, she gains much from her volunteer work, donating her free time to Lane County Master Gardener's Association, Mt. Pisgah Arboretum, and Occupy Medical. There are a myriad of jobs she can perform,the majority of them center on education, problem solving, public outreach, and non-glamorous jobs that involve cleaning products. The non- profits that she volunteers for survive through public support,just as the unhoused citizens do. Some volunteers she serves with feel begging is beneath them, but if she does not ask the organizations will cease to exist. This is also true for the unhoused who need a place to ask for money or supplies legally. She can assure them that anyone who tells you that service organizations such as hers are up to the task of keeping the economically destitute in this City of Springfield Council Regular Meeting Minutes March 21,2016 Page 11 country or county afloat is lying. They are overwhelmed and don't have the staff or resources to handle the job. Our unhoused patients at Occupy Medical often come for medical attention caused by exposure and malnutrition. They know and use the charity resources yet,they are hungry, cold and weary. Usually, cash in hand means they can rent a hotel room,buy groceries or a tarp.None of us in this community are fooled by the line that panhandling is a traffic concern. Handing something out a car window does not endanger anyone.Asking for help is wise. Do not outlaw kindness,people need to give. 4. Kris McAlister, Springfield, OR. Mr. McAlister asked Council to consider some alternatives when it comes to code enforcement within our community. We all live in our own bubbles and sometimes find other people's yard or cars problematic. Currently,we have an anonymous complaint system where people can't face their accusers, and are often the only ones in their neighborhood being warned. He asked that they consider bow they have solved other problems. Several years ago we did not have a coordinated volunteer program, and now we have a paid city staffer with a great program. He suggested we consider having an ombudsman who reaches out if there is a complaint, allows it to be resolved before a warning letter or a paper trail is started. 5. Dakota Weitman, Springfield, OR. Mr. Weitman spoke regarding the panhandling ordinance. The City Council has decided to phrase this as a public safety issue and in doing so is criminalizing the act of goodwill. Without substantial evidence that there is a public safety concern, he asked why they were intent on creating an undue conflict that will only make citizens feel as though they need to look over their shoulder to see if their generous acts will instead be viewed as a criminal one. This conflict extends to private businesses that should not have to deal with pedestrians and vehicles taking up spaces in their parking lots to transfer funds. The City Council is putting an undue burden on those of us who have done nothing wrong in an attempt to clean up the area.He is 100%for making our streets safer,but thinks we should tackle real issues such as distracted driving,well lit streets and crosswalks, all of which would benefit everyone rather than a select few. Without substantial evidence for public safety concern, he contends that the City Council does not intend in actively listening to the public on this issue,but instead are feeling a legal obligation to public comment before moving forward with their own pre-determined agenda. He urged the City Council to treat their elected position with more respect. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS ORDINANCES 1. An Ordinance Amending Chapter 6,Vehicles and Traffic,Adding Section 6.112 to the Springfield Municipal Code, Unlawful Transfer on Vehicular Portion of the Right-of-Way. ORDINANCE NO. 8—AN ORDINANCE AMENDING CHAPTER 6,VEHICLES AND TRAFFIC,ADDING SECTION 6.112 TO THE SPRINGFIELD MUNICIPAL CODE UNLAWFUL TRANSFER ON VEHICULAR PORTION OF THE RIGHT-OFWAY(FIRST READING) City of Springfield Council Regular Meeting Minutes March 21,2016 Page 12 Tim Doney, Chief of Police, and Mary Bridget Smith, City Attorney, presented the staff report on this item. The revised ordinance would prohibit motor vehicles from stopping in the roadway for the purpose of transferring property to pedestrians and does not exempt situations where drivers or passengers donate to persons asking for charitable contributions under a pedestrian activity permit. Council had asked for some additional information which he will be providing. He noted that transfer of property is not a crime, but would be illegal if passed by the Council. It would be similar to a traffic violation and people could not be arrested or have a criminal history. Chief Doney reported on statistics related to accidents attributed to this type of activity at intersections. There are dozens, if not hundreds of accidents and this would require a labor intensive hand search and staff was unable to do that in time for this meeting. He spoke with the motor officers on the traffic team asking them of any recent accidents where transfer was a contributing a factor. They did not, however mentioned that it was a safety issue due to traffic being impeded when this activity occurs, especially at busy intersections. They do, on occasion, cite people under Oregon Revised Statutes related to traffic such as impeding traffic. The City Attorney prepared a memo that outlined some of the specifics in reference to impeding traffic. The other ORS that was quoted by the officers was improper position upon a highway. They are both Class D state traffic infractions with a minimum fine of$60 and maximum fine of$250,with the presumptive standing fine of$110. Between January of 2015 and present date,they have issued 9 citations in the City for impeding traffic and 19 citations for improper position upon a highway. During that time period,there have been 49 crashes in the City that involved an automobile and pedestrian, resulting in 8 fatalities,accounting for about 10-11%of the statewide fatalities. Two weeks ago, Chief Doney observed the intersection of Beltline and Gateway. In a 20-minute period, he observed one gentleman soliciting from at least three vehicles in the roadway and one did impeded traffic. When talking to people in the department, one of the employees mentioned that they had been involved in a car accident in Eugene in which cars in front of them had stopped to make a donation and was rear-ended. Chief Doney said per Council direction,the exemption for charities was removed. This does not stop the act of giving or being benevolent,but moves it outside of the roadway to a safe location. When he worked in Medford where they had a similar ordinance, he found that the signage helped to move the transfer of property out of the roadway. It didn't stop it, but moved it to an adjacent property where the property owners didn't have an issue with it. Chief Doney also noted that under the proposed ordinance,the maximum fine was $50, substantially less than the presumptive fine by state statute. Councilor Pishioneri explained the presumptive fine. Mayor Lundberg thanked staff for making the changes to the ordinance. Councilor Ralston said he was opposed to taking out the exemption. He noted that the Mayor said she would not sign this if they left the exemption in the ordinance,yet the City Council makes the decision. Mayor Lundberg said she just wouldn't sign it. Councilor Ralston said the exemption is for those that get permits and are just out one a year. He didn't have a problem. City of Springfield Council Regular Meeting Minutes March 21,2016 Page 13 Mr. Grimaldi said if the Mayor did not want to sign it would go into effect without a signature. Councilor Pishioneri said there was a process where it could be brought back for further consideration. He agreed that groups that had proper permits and cones, etc. could be made safe. Mayor Lundberg said it was not only the firefighters,there are other groups. Councilor Woodrow said she is in favor of removing the exemption. She has appreciated the fundraising efforts of firefighters,but has also seen traffic safety issues even with the precautions they take. She feels it is necessary to be fair. We are looking at this as a safety issue and not targeted to a specific group. If this is to go forward as a safety issues, which she believes it is, it needs to apply to everyone. If people want to fundraise or panhandle, it needs to be off the street so there are no issues. Councilor VanGordon asked if there had been discussions with the firefighters about the exemption being pulled. Ms. Smith said she spoke to them originally to find out their process. They didn't talk about the details about their position on the ordinance. Councilor VanGordon said without that discussion,they don't know if it would be a hardship for them. He asked what the non-profit groups that get a permit are required to do besides have insurance. Ms. Smith said for the pedestrian activity permit,there is a definition for soliciting contributions for a non-profit. They are required to wear reflective clothing, have signs,have insurance, and get the permit ahead of time. Even with those things in place,they are not supposed to impede traffic out in the roadway. Councilor VanGordon asked if those with a permit could be cited for impeding traffic. Ms. Smith said she believed they could. When she spoke to the Oregon Department of Transportation (ODOT)permit tech, she was told that when the permit is approved, it is not a license to go out and be unsafe in the roadway. The Statute where the pedestrian activity permit comes in is a pedestrian statute. Councilor VanGordon asked if a driver stopped to give to a permitted charity and impeded traffic,they could be cited. Ms. Smith said potentially. The impeding traffic violation is very broad. The proposed unlawful transfer ordinance is a prohibition against that activity. Councilor VanGordon said he is comfortable moving forward with the ordinance in general because it is a safety issue. The citation for this ordinance is quite a bit less than the Statute of impeding traffic. He agrees it's more consistent to say it is not allowed for anyone, but the firefighters are a great partner and he doesn't want to impact them. He would be comfortable leaving the exemption out, and then hearing from the firefighters and other non-profits. He asked Chief Doney if the officers had noticed the same safety risk with non-profits as they did with individuals. Councilor Woodrow said if they are going to consider the hardship on non-profits,be also needs to consider the hardship on the panhandlers. It needs to be consistent and fair across the board. Her career City of Springfield Council Regular Meeting Minutes March 21,2016 Page 14 is in social service so she is not immune to what it is happening. She felt they couldn't make an exception for non-profits. Mayor Lundberg said when the firefighters are out soliciting they are not out there as firefighters,but as solicitors. They are basing this on safety and to her it is black and white. If it is based on safety, either no one is allowed to do it or everyone is allowed to do it. The non-profits will find other ways to raise funds if this is no longer an option. People can be on the sidewalk asking people to pull into a parking lot to give. She felt the grocery stores and businesses may appreciate helping in that way. Councilor Moore said she asked Mitham Clement,head of the local Salvation Army, if they could set aside one day a month for bell ringers to collect money outside grocery stores to give to those in need. We are a very creative group of people and there are other ways to make it(donating)easier, but in an area that's controlled. Ms. Smith said this is a first reading so no action is requested. She will do some additional research on the firefighter's position. They will bring it back to the next Regular Meeting for a vote. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Budget Committee Appointments. Bob Duey, Finance Director, presented the staff report on this item. Three vacancies have occurred on the City's Budget Committee due to the term expirations of members from the Ward 3, Ward 5 and Ward 6 positions. Each full term of the Budget Committee is for a 3-year period,with the positions staggered to have two vacancies occur every December. After interviews on March 17th, Council members directed staff to prepare for the appointment of Nathan Mischel for Ward 3, Victoria Doyle for Ward 5 and Diana Alldredge for Ward 6. The City's charge for the Budget Committee states as a qualifier 6 members from the Council and 6 citizens by Ward(Citizen members may not be officers, agents or employees of the City, per ORS 294.336(4). IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO APPOINT NATHAN MISCHEL TO SERVE A 1-YEAR TERM ON THE BUDGET COMMITTEE FOR WARD 3 WITH A TERM TO EXPIRE DECEMBER 31,2016. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—WYLIE). IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO APPOINT VICTORIA DOYLE TO SERVE A 3-YEAR TERM ON THE BUDGET COMMITTEE FOR WARD 5 WITH A TERM TO EXPIRE DECEMBER 31,2018. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST(1 ABSENT—WYLIE). City of Springfield Council Regular Meeting Minutes March 21,2016 Page 15 IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO APPOINT DIANA ALLDREDGE TO SERVE A 3-YEAR TERM ON THE BUDGET COMMITTEE FOR WARD 6 WITH A TERM TO EXPIRE DECEMBER 31,2018.THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—WYLIE). b. Historic Commission Appointments. Mark McCaffery,Planner, presented the staff report on this item. The Springfield Historic Commission has four vacancies; two term expirations and two resignations. The two vacant positions created by term expiration will be filled with four-year terms. The two vacant positions created by resignations will be filled for the unexpired portion of each term. The appointment schedule is designed to maintain expertise and institutional knowledge by overlapping appointments. The Historic Commission is authorized and guided by provisions contained in Chapter 2 of the City's Municipal Code. The Code authorizes the Mayor and City Council to fill unexpired portions of commissioner terms upon resignation and appoint new members using staggered term membership. The Code also requires the Council to solicit recommendations from the Willamalane Park and Recreation District and Lane County School District#19(Springfield schools). The City received three applications for the four vacancies duly noticed. The Council interviewed Ms.Koenig and Ms. Karp at the February 22, 2016 Work Session and interviewed Mr. Siegle at the March 14,2016 Work Session. Ms. Koenig is a Willamalane employee who was recommended by Willamalane to succeed Vincent Martorello's term as a commissioner. The appointment of Ms. Koenig to fill the unexpired portion of Commissioner Vincent Martorello's term and appointment of Ms. Karp and Mr. Siegle to fill the four-year term vacancies would be consistent with the Council's post-interview assessment of each candidate. Appointments to the Historic Commission must be confirmed during a Regular Session by motion and a vote of the City Council. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO APPOINT KRISTINA KOENIG TO THE HISTORIC COMMISSION TO SERVE THE UNEXPIRED PORTION OF COMMISSIONER VINCENT MARTORELLO'S TERM,WHICH EXPIRES FEBRUARY 2,2018. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—WYLIE). IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO APPOINT MACKENZIE KARP AND JONATHAN SIEGLE TO THE HISTORIC COMMISSION FOR FOUR-YEAR TERMS EXPIRING ON MARCH 20,2020. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST(1 ABSENT—WYLIE). 2. Business from Council BUSINESS FROM THE CITY MANAGER 1. Approval to Lease/Purchase One (1)Fire Pumper. City of Springfield Council Regular Meeting Minutes March 21,2016 Page 16 Joe Zaludek, Deputy Fire Chief, presented the staff report on this item. Fire&Life Safety(FLS) is seeking approval to lease purchase one(1)fire pumper for front-line service. The current 75' ladder truck is a 2001 E-One that has exceeded its' reliable lifespan and is in need of replacement. This apparatus has operated as a first-out engine at fire station#14 (4765 Main Street station), in east Springfield for the past 15 years. This is the second aerial apparatus in the Springfield fleet. This request is to replace the existing 75' ladder with a pumper. This will reduce purchase costs, and save on maintenance costs long term. Eugene has an aerial apparatus in reserve that is already being used by Springfield when needed as per IGA. The E-One apparatus currently has approximately 108,000 miles. Increasing maintenance costs and general wear and tear on this apparatus make replacement of it a high priority. This is the last of the five(5)first out apparatus to be replaced. Three (3)pumpers were replaced in 2010 and the 100' Pierce aerial platform in 2013. Cooperative purchasing language in an existing Fire-Rescue Group Purchasing Contract with Pierce Manufacturing was available to procure this new Pierce Velocity Pumper. The City is using a five year lease purchase option, based on the significant cost of the apparatus. The first two payments on the lease could come from the Vehicle &Equipment Replacement Fund(Fund 713). In years 3-5 funds currently dedicated to fire engine/pumper leases could be used to make the $127,628 per year payments. This is an identical pumper to the most recent City of Eugene pumper purchases and represents the joint equipment standard for Eugene Springfield Fire.Additionally, efficiencies are gained by having all of the equipment and supplies in the exact same place when providing emergency response services —seconds count. Pierce's price represents a good value for the investment,and will maintain interoperability with Eugene Fire's current/future apparatus plans. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT TO LEASE PURCHASE ONE (1)FIRE PUMPER FROM PIERCE MANUFACTURING,INC. FOR AN AMOUNT NOT TO EXCEED $593,108.00. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST(1 ABSENT—WYLIE). IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR VANGORDON TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A 5-YEAR,TAX EXEMPT,LEASE PURCHASE AGREEMENT WITH PNC EQUIPMENT FINANCE TO FINANCE THE PUMPER. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—WYLIE). 2. Other Business BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY City of Springfield • Council Regular Meeting Minutes March 21,2016 Page 17 ADJOURNMENT The meeting was adjourned 8:36 p.m. Minutes Recorder Amy Sowa Christine L. Lundberg Mayor Attest: City Recor r