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HomeMy WebLinkAbout04/04/2016 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY APRIL 4, 2016 The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Monday,April 4, 2016 at 7:00 p.m.,with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors Wylie(by phone), 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. Councilors VanGordon was absent(excused). PLEDGE OF ALLEGIANCE SPRINGFIELD UPBEAT 1. Mayor's Recognition a. Child Abuse Prevention Month Proclamation. Mayor Lundberg read from the proclamation calling upon all citizens, community agencies, faith groups, medical facilities, and businesses to increase their participation in our efforts to support families,thereby preventing child abuse and strengthening the communities in which we live. Katy from Court Appointed Special Advocates(CASA) came forward to accept the proclamation. CONSENT CALENDAR 2. Claims 3. Minutes a. February 16, 2016—Regular Meeting b. February 22,2016—Work Session c. March 21, 2016—Regular Meeting 4. Resolutions a. RESOLUTION NO. 2016-06—A RESOLUTION TO ACCEPT CITY PROJECT P21108-2; CITY HALL PLAZA RENOVATION. 5. Ordinances 6. Other Routine Matters a. Authorize the City Manager to Execute a Purchase and Sale Agreement with John and Christa Brombaugh, Trustees of the John and Christa Brombaugh Revocable Trust for Property Located at 17-03-34-41-00800. City of Springfield Council Regular Meeting Minutes April 4,2016 Page 2 IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR MOORE TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—VANGORDON). ITEMS REMOVED FROM THE CONSENT CALENDAR 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. Annexation of Territory to the City of Springfield—Annex 0.93 Acres of Property Located at 597 and 687 Aspen Street, Springfield. ORDINANCE NO. 6350—AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER AND FIRE DISTRICT AND DECLARING AN EMERGENCY. Andy Limbird, Senior Planner, presented the staff report on this item. A request for annexation to the City of Springfield has been received from Debra Jean Hudson, owner of properties addressed as 597 and 687 Aspen Street. The subject annexation territory is two adjoining residential parcels that each contains an existing single family dwelling. Annexation is requested to facilitate connection to the City sanitary sewer line due to a failed septic system on the property. The nearest public sanitary sewer connection is along the property frontage on Aspen Street. The City Council is authorized by ORS Chapter 222 and SDC Article 5.7-100 to act on annexation requests. In accordance with SDC 5.7-155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective upon signature by the Mayor and acknowledgement by the State. The subject property is currently zoned Low Density Residential(LDR)with an Urbanizable Fringe Overlay(UF-10)applied and is located inside the City's Urban Growth Boundary. According to the 2015 Lane County Assessment and Taxation records the subject properties have an aggregate assessed value of$303,790. The territory requested for annexation is within an established residential neighborhood and urban services are available along the frontage of the subject site. Staff is recommending concurrent annexation of a segment of Aspen Street right-of-way along the property frontage in order to provide contiguity with the City limits. An existing public sanitary sewer line is located along the west side of the Aspen Street right-of-way and the applicant has obtained necessary permits to connect the existing homes to sanitary sewer. Consistent with Council direction regarding annexations due to a failed septic system,the applicant will be allowed to connect to City sanitary sewer immediately upon payment of required fees. Staff is recommending adoption of the annexation ordinance by emergency clause in order to expedite the request for connection to public sanitary sewer because it would abate a potential health hazard. The annexation area can be served with the minimum level of key urban facilities and services as required in the Eugene-Springfield Metropolitan Area General Plan. The attached staff report also confirms the request meets the criteria of approval for annexations established in Section 5.7-140 of the Springfield Development Code(SDC). The applicant has executed an Annexation Agreement with the City that outlines the financial responsibilities for provision of urban services to the property. City of Springfield Council Regular Meeting Minutes April 4,2016 Page 3 The subject properties, including the Aspen Street right-of-way, comply with the standards and provisions of the SDC and applicable ORS for annexation; Council approval annexing these properties to the City and Willamalane and withdrawing same from Rainbow Water and Fire District is consistent with all applicable laws. Mayor Lundberg opened the public hearing. No one appeared to speak. Mayor Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR MOORE TO ADOPT ORDINANCE NO. 6350. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—VANGORDON). 2. 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. 2—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; SECTIONS 3.2-210, 3.2-415, 3.2-610, AND 3.4- 255 PROHIBITING RECREATIONAL MARIJUANA BUSINESSES; SECTION 6.1-110 ADDING APPLICABLE DEFINITONS; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Greg Mott, Planning Manager presented the staff report on this item. On March 21,2016 the Council voted to remove the proposed 1,000 foot buffer between Marijuana Retail Outlets and requested that staff provide additional information about siting certain marijuana businesses in the Light Medium Industrial(LMI)District. As a result,the ordinance was amended and staff has drafted a Council Briefing Memorandum addressing Council's request. The March 21, 2016 public hearing on proposed regulations of the production,processing,wholesale and retail trade of recreational marijuana was the culmination of three Planning Commission work sessions, a public hearing and two Council work sessions in the preceding 5 months. Various individuals and representatives of the marijuana trade provided testimony, generally in support of these proposals; one person was opposed to any regulations that would allow marijuana as a permitted use. The Council voted 5-0 to delete the proposed 1,000 foot buffer between Marijuana Retail Outlets (but change no other buffers)and requested that staff provide additional information about a suggestion from a member of the public to allow marijuana businesses in the LMI District. As a result of the change in the ordinance and request for additional information,the City Attorney recommends the City Council conduct another"first reading" of the amended Ordinance and hold a public hearing. Mr.Mott said in addressing the question regarding marijuana businesses being allowed in the LMI, a comparison of the zoning districts was included in the agenda packet. If Council goes forward with the recommended buffers between residential and production,the map shows the effects of indoor(500 feet)and outdoor(1000 feet)buffers between LMI and residential. All of the LMI would not meet that City of Springfield • Council Regular Meeting Minutes April 4,2016 Page 4 standard. If Council is interested in allowing marijuana production in the LMI,they would need to reconsider what the setbacks should be, and if the setbacks will be different in the other allowed zones. Mayor Lundberg asked if it would require another public hearing if they changed it again. City Attorney Mary Bridget Smith said it would warrant another reading, not necessarily another public hearing. Mr. Mott said Council will have a second reading and possible vote on this ordinance on April 18. The comparison report done by staff is part of the record. He noted correspondence which was received by Casey Houlihan from the Oregon Retailers and Cannabis Association regarding maintaining the 1000 foot buffer between retailers. Since March 21,the only other correspondence received was from Karl Mueller submitted on behalf of Brett Barkley which was received tonight and will be entered into the record. Mayor Lundberg opened the public hearing. 1. Karl Mueller, Springfield, OR. Mr.Mueller apologized for getting his information in too late for the Council to review. He noted five specific issues with the ordinance as written. • They would like to propose amending the ordinance to allow indoor Tier 1 and 2 in LMI, but not outdoor. They share the concern regarding odor in the LMI zone. The remainder of the impacts is appropriate for the LMI zone. The closest use in the Code is pharmaceutical manufacturing which is permissible in the LMI zone. 100% odor control is anticipated through proper filtration and the buffer is not required by State law. • They are proposing to amend the special use standards to eliminate the 500 foot buffer on indoor production in any zone for the same reason. The odor will be controlled 100%, and other impacts are completely negligible compared to any other industrial zone. This is a legal business. They would propose to retain the buffer on residential for production because of the solvents. • They are proposing to amend the special use standards to eliminate the minimum lot size requirements for indoor production. These lot sizes are 170%larger and 2170% larger than the canopy area of indoor production. There is no basis for that lot size requirement and is not a requirement of State law. • They are proposing to get rid of the special buffer with residential for outdoor production in the HI or SHI zone. Far more noxious uses are permissible without buffering. • If they do not agree to the change proposed in#4,they would request the special buffer be removed at least in the SHI zoned. He noted that scientific research facilities are listed in the marijuana businesses section of the ordinance,but there is nothing in the ordinance about where they are permitted. He would like clarification on that. Ms. Smith said while the Council hears additional testimony, she will review the ordinance with Mr. Mott. 2. Jeff Schlageter,Veneta,OR. Mr. Schlageter said he took over Cannabis LLC, located at 1936 Main Street on February 1, 2016. He currently employees 19 people with a starting wage of $12/hour,with most of his employees living in Springfield city limits.Payroll for the 11- month period of February 1, 2016 through December 31, 2015 was over$300,000 with payroll taxes. A large percentage of this was not able to be written off, as it would be with City of Springfield • Council Regular Meeting Minutes April 4,2016 Page 5 another industry. He hopes people take into consideration that the concept of free market has yet to be applied to this industry. They are subject to some of the heaviest tax rates,but are operating in an ever shifting regulatory climate. He is not afraid of competing with other businesses, but hopes for a level playing field compared how alcohol is sold. These are extremely expensive businesses to run, and they are not rolling in dough as some believe. Since January 4, Cannabis LLC had generated close to$60,000 in sales tax revenue. His concern is that without the appropriate time, place and manner,too many outlets will choke each other out. By including a 1000 foot buffer between recreational shops as they did with medical,this will insure a competitive and healthy market. He hopes the Council takes these facts into consideration. 3. Casey Houlihan, Executive Director of Oregon Retailers of Cannabis Association. Mr. Houlihan referred to the testimony he provided that was in the Council's agenda packet which included a statement in favor of the 1000 foot buffer between all types of cannabis retail businesses. There is a concern about the amount of interest they are seeing at the national level and in Oregon specifically because there are no residency requirements. They want to make sure when that wave of businesses hits as the OLCC rolls out the licenses,that the businesses already established can continue their work. They would like to make sure the out of state retailers can benefit from the local regulations that are in place in their localities are in place locally. The hardship some of these businesses are facing is highly disproportionate compared to other types of businesses. They appreciate that the Council is approaching this in a business friendly standpoint. The OLCC regulates the sale of retail liquor differently than how they regulate in stores, and have strict geographic regulations on where they are allowed based on population. The OLCC would never allow a retail store next to another retail liquor store. They would encourage the Council to consider grandfathering in existing production facilities in commercial zonings as well.A lot of businesses in the City are set up that way now. With the limited amount of space available for commercial production after the ordinance is enacted, growers will realize they will not be able to bring in their businesses. He noted that the first month of sales tax,they were able to bring in about$3.5M in tax revenue for the State. 4. Jessi Preston, Springfield,OR. Ms. Preston said she wanted to address the buffer zone and whether or not it was fair to place those types of limitations on businesses,when not placed on most other businesses. She agrees and didn't want to limit this for outside businesses that could bring money to our economy. She also thinks not having buffer zones makes it easier for people already here to open businesses and compete. If there are too many restrictions on where people can open up shops, not enough people will be able to open up shops. In order to make sure people who will do business right from out of state or in state,we need to be business friendly for both. Mayor Lundberg closed the public hearing. Ms. Smith referred to Mr. Mueller's comments regarding research,testing and laboratories which are listed in the definitions of the ordinance. This is the only place in the ordinance that research is found. She felt the definition could be more expansive. A research or lab facility in our Code would be similar to a processing facility and fall under the processing standards. There is no need to change the ordinance. Mayor Lundberg asked about the 10 acre and 1 acre references. City of Springfield • Council Regular Meeting Minutes April 4,2016 Page 6 Mr. Mott said the minimum lot size only applies in HI and SHI zones for Tier 1 or Tier 2 operations. In particular,the large lot size is to allow an outdoor operation to occur. He did not recall the discussion or review of other communities and the effects.No one on staff is an expert on odor; rather their expertise comes from their experience from complaints of a number of odors. We don't have a lot of control on odors, although it is addressed by the Code. For the most part, except for the random industrial activity that is permitted, odors are not expected. The only opportunity to address odor is during review of a discretionary use. It is not the same thing as noise or dust. The best way to mitigate odors in indoor facilities is to use air scrubbers. An overly large lot size may not make a difference for outdoor facilities. Mayor Lundberg said no matter how hard people try,there are complaints about odor. Councilor Moore said she was told there are cities that have enacted a 1000 foot buffer between retail facilities such as Portland. Ms. Smith said they have heard that other communities have the buffer in place. Mr. Mott said communities don't have to have that separation standard. If they choose to impose that standard, it cannot be more than 1000 feet. Councilor Moore confirmed that State regulation requires a 1000 foot buffers between dispensaries. Mr. Mott said that was correct. Also, dispensaries and grows cannot be at the same address. Councilor Ralston said there are a lot of things we aren't experts at yet. At a future date we may get the information that would allow them to revisit these issues. He would like to get more educated and get some experience and then look at this again. Ms. Smith suggested Mayor Lundberg close the record as well as the hearing. If Council has no recommended changes to the proposed ordinance, a second reading will be scheduled on April 18 and would go into effect 30 days after adoption. Mayor Lundberg closed the public record on this topic.No action is requested as this is a first reading. 3. Licensing Fee for Recreational Marijuana Businesses. RESOLUTION NO. 2016-07—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 TO INCLUDE BUSINESS LICENSE FEES FOR RETAIL AND NON-RETAIL RECREATIONAL MARIJUANA BUSINESSES. Mary Bridget Smith, City Attorney, presented the staff report on this item. 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 a licensing fee applicable to recreational marijuana businesses in the City of Springfield. Medical marijuana dispensaries are currently required to obtain a business license and pay a fee from the City under SMC 7.600 et seq. The City Council has already held a first reading on the business City of Springfield • Council Regular Meeting Minutes April 4,2016 Page 7 license and associated regulations with recreational marijuana businesses and City staff is proposing a license fee pertaining to those businesses. If this Resolution is adopted,this fee would be incorporated into the City's Master Fees and Charges Schedule and updated as per Council direction in the future. A staff review of business license fees charged by other cities including Portland,Eugene, Gresham, Corvallis, Bend and Medford for recreational marijuana businesses showed a wide range of fees from zero to $5,000 per year. Springfield currently charges medical dispensaries just over$1,000 per year (recently adjusted for inflation). Council indicated at their November 9, 2015 work session that staff should recommend a fee that distinguishes the production and sales activity of recreational businesses from medical dispensaries and is in line with what other cities charge. Staff recommends a fee of $2,000 annually. Council may adjust this fee as it feels appropriate now and each year thereafter. The financial impact is unknown because it is not currently known how many retail and non-retail recreational marijuana businesses will locate in the City of Springfield. Councilor Moore asked if this was an annual fee. Yes. She asked if medical dispensaries selling recreational marijuana would they have to pay the additional license. Ms. Smith said she would check. Mayor Lundberg asked about reducing the license fee for those who wanted to stay a medical dispensary only. Ms. Smith said they could look into reducing the medical marijuana dispensary fee at a later meeting. Mayor Lundberg opened the public hearing. No one appeared to speak. Mayor Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR MOORE TO ADOPT RESOLUTION NO.2016-07. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT—VANGORDON). 4. Liquor License Endorsements for the Renewal Period of 2016-2017. Sophia Seban,Property Management Specialist, presented the staff report on this item. The attached list of 164 businesses will likely be applying to the Development and Public Works Department for their 2016-2017 liquor license endorsements prior to June 30, 2016. On December 19, 1994, Council approved Ordinance No. 5768 that established specific criteria to be used when reviewing an application for a liquor license endorsement. Council may recommend denial based upon reliable, factual information as it relates to any of the criteria listed in Section 7.302 of the Springfield Municipal Code. Some of the required information for liquor license renewal, i.e., ownership of the establishment, cannot be determined until staff receives the actual application. However, some determination about meeting the listed criteria can be made now since the criteria relates to the level of police activity City of Springfield • Council Regular Meeting Minutes April 4,2016 Page 8 associated with the establishment. In the Activity Summary Report, police responses are roughly comparable to the same time period from the previous year. The public hearing this evening is scheduled for Council to receive community testimony relative to the liquor license renewal endorsement. At the conclusion of the public hearing, Council is requested to provide one of the following recommendations to the Oregon Liquor License Commission for the license renewal of the listed establishments: I. Grant; 2.No Recommendations; 3. Do Not Grant Unless(applicant demonstrates commitment to overcome listed concerns); or 4. Deny. At this time, staff has no information that would tend to support negative recommendations on these renewals. Accordingly, subject to any public input received at the hearing, and final submission of applications meeting all of the criteria, staff recommends that the Council provide a positive recommendation for renewal to the Oregon Liquor Control Commission. Ms. Seban noted that Albertson's 3332 recently submitted an application to Safeway. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR MOORE TO GRANT THE LIQUOR LICENSE ENDORSEMENTS FOR THE RENEWAL PERIOD OF 2016-2017. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 ABSENT). BUSINESS FROM THE AUDIENCE- Limited to 20 minutes. 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. Mariah Leung, Eugene, OR. Ms. Leung said she was here to speak on the ban on motorists to pedestrian panhandling donations. She does not see this ordinance has anything to do with safety, since laws are already in place for obstructing traffic. She has never witnessed safety hazards or delays at intersections with panhandlers. It would be interesting to document with video how often and for how long a driver is delayed due to panhandlers. She would think the Springfield Police have better things to do than ticket those drivers and passengers who donate on public property. She asked if the $50 fine would go to help the unhoused. This appears to be another hateful attempt to banish those deemed unwanted and possibly unsightly to the outskirts of town like our history shows we did to people of color. To hear Springfield Councilors talk in the past about all of the services they provide for the homeless, is an attempt to cover this negative law. Some supporters of the proposed ordinance imagine that all donations go for drugs or alcohol. As adults, we know some of those funds could possibly be used for those purposes, but don't need the City to make that decision for us. She noted the privileged attitude that only those that are housed can self-medicate. 2. Donna Riddle, Springfield, OR. Ms. Riddle said she opposes this proposed ordinance because there are laws to deal with activities that impede traffic. She had not seen or read about any pedestrian injuries or accidents related to panhandling. She has seen them related to people speeding and pedestrians not being able to see cars. She has not experienced her driving being impeded by panhandlers whether by the Breast Cancer volunteers or the homeless. She has seen risky situations when the police pull over a car to give someone a ticket, and had scary interactions when the people pulled over didn't think properly about getting out into traffic. Our public safety department has better things to do than ticket those trying to help others. She appreciates our public safety. She noted a time when her car was hit in a parking lot and the police were able to track down the person that had hit her car enabling her to work with the City of Springfield Council Regular Meeting Minutes April 4,2016 Page 9 insurance to get her car fixed. She appreciated the Police having the time to do that type of work. 3. Leonard Stoehr, Springfield, OR. Mr. Stoehr said whether they regard this ordinance as addressing a traffic issue or a homeless issue, it's important to remember that most cities that have passed a similar ordinance have faced a long legal battle on free speech grounds. At the end of the legal battles,the cities have lost. He noted that this ordinance would prevent firefighters and other charitable organizations from raising funds at intersections. He asked the Council to consider the potential expense of adoption to the City and the taxpayers. 4. John Thielking, Eugene, OR. Mr. Thielking,said during the work session, discussion was held regarding a HUD funded low-income housing project going in soon. HUD is changing their rules regarding a question on the application about whether or not the City is working to end criminalization of homelessness in your community. If answered incorrectly, points are deducted. That is something for the Council to consider when they are looking at criminalizing the act of handing someone a donation from a car. There are other ordinances on the books to address traffic safety, such as the child getting out of their car to give a donation. 5. Isa Aviad, Springfield, OR. Ms. Aviad said she has an emergency services background as a call-taker with 9-1-1,volunteers at a food pantry, is a faith based member and believes in being philanthropic and helping those in need. She endorsed the proposed ordinance based on experience. Several people have said they have not encountered any issues with people asking for donations, but she has it happen to her each week. There is a time and place to give, and in our community there is a multitude of ways to give to people in need without interrupting traffic and causing dangerous situations. Drivers who want to give would at most be inconvenienced by finding another way of being philanthropic,while everyone else around them may not only be inconvenienced,but far worse. People that give, can and do impede traffic flow. By asking for handouts, people can put themselves in danger and have done so by stepping into the roadway and sometimes crossing into the second lane of traffic. She had been distracted by reading the signs or from a dog that lunged at her car. This is another distraction for her daily driving. There are other ways to give. 6. Michael Williams, Springfield, OR. Mr. Williams asked how necessary this ordinance was, and feels it would harm those who rely on the generosity of fellow citizens.It is already an offense for a motorist to obstruct traffic. He asked how many citations there had been for generosity induced traffic violations or accidents caused. This ordinance is aimed at panhandlers. Motorists would need to find a place to park before acting on a generous impulse, so panhandlers would need to find places where motorists could park first. He is not sure where those places are located. He asked Council to think about where they would panhandle if drivers had to park first. He asked them to think about who was really affected by the ordinances—not the drivers, but the person panhandling who is once more pushed aside. Too much attention is being paid to symptoms and not enough to causes. A Shelter First Program would help alleviate the panhandler population, and solve real problems rather than hypothetical traffic problems. The City is to be commended for taking some beginning steps to address the problems of the unhoused, unemployed and partially employed, but this ordinance is a large step backward. He asked them to vote no on this ordinance. 7. David Strahan, Springfield, OR. Mr. Strahan said this ordinance isn't about the heart of Springfield,but is so we don't have to look at the needy. He could see himself getting a ticket because he hands things out. Giving to those along the side of the road is not going to stop City of Springfield Council Regular Meeting Minutes April 4,2016 Page 10 traffic, but maybe slow it down. There are laws that deal with impeding traffic and position in the roadway. He asked that they don't fine people for giving to others. There aren't parking places near where people panhandle. He has seen Springfield's heart at Thurston after the shooting. He knows the City gives to agencies that help the unhoused, but he asked that they not penalize people's hearts. 8. Sarita Lief, Springfield, OR. Ms. Lief said she is speaking in opposition of this ordinance. She is deeply troubled by this ordinance and feels this is not about public safety or traffic. She asked where the figures were for traffic violations and accidents caused by roadside panhandling. Our vehicle code already regulates drivers. There are plenty of places in Springfield that need better enforcement of already existing traffic rules. She noted several. She is ashamed the Council is considering using the excuse of public safety to vilify the most vulnerable amongst us, and to demean our drivers who are responsible for exercising their judgment to give or not give to panhandlers in a safe manner. The true ambition of this ordinance is to get panhandlers out of site and out of mind. She asked where the concerns are for the unhoused and undernourished and their children. She asked the Council not to disgrace themselves or the City with a vote for this unnecessary ordinance. 9. Sue SierraLupe, Eugene, OR. Ms. Sierra Lupe said she is a business owner in Springfield. She comes from a long line of women who help the unhoused with no accidents from their giving. She helps the unhoused by giving them rescue packs(she displayed). The reason why the women in her family, including her children, give to those in need is because they work for agencies that give to those in need and they know it is not enough and people fall through the cracks. They have nowhere else to go besides the street corners. At Occupy Medical they see malnutrition every week. She passes the rescue bag out the window of her car. Perhaps 5 seconds of helping her fellow citizen inconveniences someone, but it is not a safety issue. The safety issue is the increase in residents in Springfield. Accidents are actually happening along Main Street,not from panhandling. 10. Danielle Smith, Springfield, OR. Ms. Smith said she didn't come to pledge allegiance to the corporatism or discrimination or anything that would cause another economic hit against the poor class in our area, but to ask the Council not to pass this ordinance. She didn't want to see Police looking for good Samaritans to see if they are handing something out the window. Saying there are enough resources for the homeless is wrong; sometimes they just need to have some cash. They can't get cash from a charity or a place to sleep. She asked them to remember the oath of the constitution the Council took. It's a shame to see this happening and she hopes they will consider that if they pass this ordinance,they will be affecting poor people repeatedly. Our area is a magnet for middle and upper class people, not the poor. She asked them to please take care of the poor first. The people in the Glenwood area living in trailer parks are facing homelessness and having nowhere to go. She hopes they begin discussions as to how the City might be able to assist with that. 11. Debra Jean Hill, Springfield, OR. Ms. Hill said the other day she saw a man who looked down on his luck and she thought she should give a hot food item she had purchased to him. She knew this ordinance was being considered, so she tried to think about how to give it to him safely. She had two sleeping children in her car, so walking to him was not an option. Parking her car and calling to him so he could cross traffic didn't seem like a safe option either. The safest option was to follow the flow of traffic, stop at the stop sign and hand it to him quickly. She circled the block twice until the flow of traffic flowed appropriately. She has seen panhandlers cross traffic to get cash from a driver, and she didn't feel that was right City of Springfield Council Regular Meeting Minutes April 4,2016 Page 11 for the driver to make someone cross traffic. That person is impeding traffic,but taking a few seconds to hand something out the window for someone is not impeding traffic. She opposed this order and asked the Council to let charity be. 12. Brian McDermott, Springfield, OR. Mr. McDermott said he is a recent transplant to the area. Over the past 6 months, he has started a website and gathered donations. Twice a week he delivers bananas to the poor in the Eugene and Springfield area on his bike and he volunteers to help the needy. He thinks the concern for public safety is a ruse. There are outlets for the homeless,but proposing an ordinance that punishes those who want to be charitable nullifies any good that is being done. It is a violation of first amendment rights. Punishing those handing out to the less fortunate goes counter to what this country stands for. It is important to show the value of charity to young people. He has taken his children with him to deliver to the homeless and also gives when he is driving. If this ordinance goes through, it will be hard to tell his son why he can't give any more. He noted a large fundraising event at Pennsylvania University. During fundraising time, students were out in traffic collecting donations and they had no accidents. 13. Steven Dear, Eugene, OR. Mr. Dear said he and his wife moved here from North Carolina and they love it here. It is a wonderful place with kind people and incredible beauty. They will be buying a home and are looking in Springfield. They want to move to a community that values imagination, compassion and responsibility. There are wonderful people in this community doing great things, but this ordinance does not reflect those values. There are other laws already on the books that address these things. Springfield could set an example by being imaginative in handling this issue and he encouraged them to do that. He wouldn't want to move to Springfield if this ordinance passes. 14. Shari Walton, Springfield, OR. Ms. Walton chose not to speak. 15. Terra Williams, Springfield, OR. Ms. Williams said Chapter 6 in the Municipal Code already addresses the concerns of safety, so this ordinance seems superfluous. She feels this is as a traffic safety concern. Originally,this amendment included a fine for the panhandler, but that was removed. That seems like a move to repackage this amendment as altruistic. Her family has lived in Thurston for a decade. Main Street has long stretches without lights or signals, and there have been numerous accidents. If the City cared about traffic safety,they would be more concerned about deaths caused by reckless driving. 16. Anna Chorlton, Springfield, OR. Ms. Chorlton said there are other laws that address impeding traffic. She asked if there was evidence being relied upon to support this ordinance. With a background as a legal assistant, she saw an increase in homeless clients due to reductions in services. They did lose clients to traffic deaths,not from panhandling but from crossing the street and getting hit. She feels this ordinance is trying to cover up a bigger problem. It would not address the root causes of this issue, and was a waste of time and resources. They had already addressed that they would not fine the panhandlers themselves, yet there has been discussion about whether or not to have allowances for certain charities. That would institute a two-tier system which is discriminatory. As a homeowner and taxpayer, she has concerns about poor risk management by the City. We need to be thinking ahead. She urged them to vote no on the ordinance. 17. Shannon Mudge, Springfield, OR. Mr. Mudge said he owned the store Dragon Vine on Pioneer Parkway. Panhandling is a constant concern in this area. He noted an example of drug City of Springfield • Council Regular Meeting Minutes April 4,2016 Page 12 deals occurring at the intersections with panhandlers. The panhandlers then turn the money over to another person.Police have been notified and they have documentation. It is a common practice on Pioneer Parkway and he has also seen it occur downtown. This is a traffic issue. One third of people hit in New York City in 2013 were panhandlers, and according to US studies, 80% of people that panhandle have been known to commit crimes. Typically, any panhandler in the Pioneer Parkway area goes to a store to do Keno lottery. He sees it every day, many times a day. 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. 6351 —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. Mary Bridget Smith, City Attorney, presented the staff report on this item. The proposed 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. Ms. Smith said the version focuses on the driver, and does not exempt charities. Councilors had asked staff to check with the charities about this ordinance. Chief Doney spoke with someone from the Cancer Society,who would prefer to have the exemption for their charity because it is profitable, but understands the public safety issues and will work with the City if it passes.Ms. Smith spoke with the IAFF Firefighters Union and they do not object to not including the exemption. They understand the traffic safety issues and will be focusing on other types of fundraising. Councilor Moore said it had been mentioned that posting this ordinance is very effective in other cities. She asked if posting signs regarding the existing ordinance for improper position or impeding traffic might be effective. It is a much steeper fine. Mr. Doney said the baseline for that State statute is $110. Improper position on the highway would be for the pedestrian, and impeding traffic is on the driver. Councilor Moore said it sounds like there is no law for staying on the sidewalk and impeding traffic. Mr. Doney said we have laws that are similar. This particular ordinance is clearer than the other laws. Councilor Woodrow thanked everyone for testifying, and appreciates their awareness and points of view and their care in giving to pedestrians and panhandlers. She noted that not everyone is as careful and diligent as they are and that is what is trying to be addressed. The City is addressing this from a City of Springfield Council Regular Meeting Minutes April 4,2016 Page 13 safety issue and it is not a ruse. She has heard from at least a couple dozen people who support this ordinance. She appreciates their testimony. The Council is truly concerned about safety. Councilor Wylie said she has done some studying of this issue,trying to understand where someone could park to give a donation. It would be far less safe to find a parking place,than handing something out the window. She appreciated everyone's comments, and thinks looking at the safety issue,parking is less safe. She feels this ordinance is petty and she will likely vote against it. Mayor Lundberg said when Council first asked about the ordinance, it was with safety in mind. What is being discussed is a much bigger issue. The reason people are on a street corner is because they do need help. She would rather address helping the homeless from another perspective and the Council is dedicated to doing that. This ordinance was set up with safety in mind and falls in line with her commitment to the Mayor's Challenge for Safe Streets. Councilor Moore said she appreciates people coming to speak, and all of the calls and emails she had received. She cares about people in need, and her family goes to where people are and hands out food and socks. She is a caring person,but sees this as a safety issue. The current laws do not address all of the issues. Councilor Pishioneri said whichever way people vote,he wants those that testified know that they heard each of them.He reminded them that the Councilors are not getting paid, and are doing this as volunteers. They know the issues and work hard every week to try to make things better for the entire community. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR MOORE TO ADOPT ORDINANCE NO. 6351. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (WYLIE)AND 1 ABSENT (VANGORDON). BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports i. Councilor Moore reported on the League of Oregon Cities(LOC)committees on which she serves: Community Development Committee and Energy Committee. She noted that she sent information to the rest of the Council regarding those meetings. Planning Manager Greg Mott also attended those meetings. Councilor Woodrow thanked Councilor Moore for the information she provided. b. Other Business City of Springfield Council Regular Meeting Minutes April 4,2016 Page 14 BUSINESS FROM THE CITY MANAGER 1. Strategizing for Long-Term Fiscal Health. Bob Duey,Finance Manager, presented the staff report on this item. The City is beginning its third year using the methodology of priority-based budgeting as a tool to help focus the allocation of available resources to those services that help most to advance Community and Council goals. For this annual budget process to prove successful, it is important that the City has established long-term fiscal targets or performance measurements that support the long-term fiscal stability for both a consistent level of base services year after year and plan in advance for expanded or new and innovative services. At a recent work session, Council reviewed three proposed financial policies concerned with defining the elements that make up a fiscally healthy organization. Council is being asked to adopt the proposed financial policies. Transitioning from traditional to priority-based budgeting involves learning curves for annual budgeting as well as strategic planning, performance measurement, and evaluating long-term fiscal health of the organization. The ultimate goal is to be able to provide consistent services to City of Springfield citizens, now and in the future. In order to realistically assess that possibility,the City needs to objectively identify and establish its long-term fiscal health goals for 5, 10 or 20 years into the future. Mr. Duey noted that other policies would come to Council for consideration and approval in the Fall. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR MOORE TO ADOPT UPDATED VERSIONS OF THREE CITY FINANCIAL POLICIES THAT INCLUDE A RESERVE POLICY,A REVENUE POLICY AND AN ACCOUNTING, AUDIT AND FINANCIAL REPORTING POLICY. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST(1 ABSENT—VANGORDON). 2. Other Business BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 8:40 p.m. Minutes Recorder Amy Sowa • 41& Christine L. Lundberg , Mayor Attest: J-(TLS`& City Reco er