HomeMy WebLinkAboutItem 03 Council MinutesAGENDA ITEM SUMMARY Meeting Date: 1/3/2017
Meeting Type: Regular Meeting Staff Contact/Dept.: Amy Sowa
Staff Phone No: 541-726-3700
Estimated Time: Consent Calendar S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE:
COUNCIL MINUTES
ACTION REQUESTED:
By motion, approval of the attached minutes.
ISSUE
STATEMENT:
The attached minutes are submitted for Council approval.
ATTACHMENTS:
Minutes:
a. November 28, 2016 – Work Session b. December 5, 2016 – Work Session c. December 5, 2016 – Regular Meeting
DISCUSSION/ FINANCIAL IMPACT:
None.
City of Springfield
Work Session Meeting
MINUTES OF THE WORK SESSION MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY NOVEMBER 28, 2016
The City of Springfield Council met in a work session in the Jesse Maine Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday November 28, 2016 at 5:30 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, City Attorney Mary Bridget Smith, City Recorder Amy Sowa and members of the staff.
Councilor Wylie was absent (excused).
1. Bicycle and Pedestrian Advisory Committee Interviews.
Emma Newman, Senior Planner, presented the staff report on this item.
The City is seeking to appoint at least four (4) or as many as ten (10) new committee members to
fulfill quorum requirements for the BPAC due to attrition and members’ terms ending.
The Springfield Bicycle and Pedestrian Advisory Committee (BPAC) currently has seven (7) voting
members. One (1) of the seven current members is completing their term duration at the end of December 2016. The other six (6) current voting members have terms that do not expire until the end of 2017. The other members who were appointed in December 2015 to fulfill the final year of the two-
year term seats that were vacant have resigned from the committee due to a variety of personal reasons since their appointments.
The committee bylaws state, “Applications shall be reviewed and evaluated by City Staff and the City Council. Committee positions shall be appointed by the City Council.”
The bylaws also state, “Membership of the Committee shall consist of 10-16 voting members.” Since there will only be six remaining voting members as of the end of December 2016, the City is seeking
to appoint enough voting committee members (at least 4) to fulfill quorum, as well as possibly appoint
a couple of additional voting members so that if resignations occur, additional mid-year recruitment would not be required. The Council could appoint all six (6) applicants if the Council wishes to do so.
Appointments are scheduled for the December 5, 2016 regular session.
The Mayor and Council introduced themselves to the following applicants.
Ian-Huei Yau
Matthew Auxier
Sheila Thomas
Steven Acker
Terilyn Jacobs
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Zach Golik did not attend the interviews.
Council asked the following questions of each applicant: 1. Why are you interested in serving on the Bicycle and Pedestrian Advisory Committee
(BPAC)? (Mayor Lundberg)
2. Have you attended a BPAC meeting? If so, what were your impressions? (Councilor Ralston)
3. What is it about pedestrian and bicycle issues that interests you most? (Councilor Pishioneri)
4. Describe your experience as it relates to your desire to become a BPAC member. (Councilor
Woodrow)
5. What initiatives are you interested in working on if you are appointed as a BPAC member?
(Councilor VanGordon)
6. Describe your familiarity with the City’s walking and biking infrastructure and amenities.
(Councilor Moore)
The Council discussed the applicants, their qualifications and any concerns. They chose to appoint
Ian-Huei Yau, Matthew Auxier, Sheila Thomas, Steven Acker, and Terilyn Jacobs to the BPAC during the December 5, 2016 Council meeting.
Mayor Lundberg said as they look into the future, they need to consider walking accessibility for all in our neighborhoods and throughout the City. She noted a recent meeting with AARP where they
discussed Age Friendly Communities which includes good walking paths and accessibility.
Councilor Woodrow suggested recruiting more people that are walkers, rather than just bicyclists.
Ms. Newman said she has reached out to walking groups, and will reach out to Carmel Snyder of
AARP as suggested by the Mayor.
Mayor Lundberg said she envisioned someday having maps showing one and a half mile walking
loops throughout the City.
Council agreed to appoint the five applicants that were interviewed.
2. Developing and Affordable Housing Strategy.
Sandy Belson, Comprehensive Planning Manager, presented the staff report on this item. She noted that the funding for the Myrtle Wood low-income housing credits was awarded to St. Vincent DePaul by Oregon Housing and Community Services. The HOME Consortium had already allocated funds for
that project. The project will move forward in the Spring of 2017. Nine of those units will serve disabled residents.
The City recognizes that there is an affordable housing issue within the community. At the work session on October 10, the Council discussed staff’s analysis of the current situation to better
understand the extent of the problem. The key findings pointed to a shortage of housing and the
expense of housing relative to household incomes. More than half of the renters and more than one-third of the owners in Springfield are cost-burdened, meaning they pay more than 30% of their income on housing and basic utilities. Female-headed households, children, those on fixed incomes, and
people with special needs are disproportionately affected. Previously, staff analyzed the various
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aspects of the housing problems and presented what the City has already done to address these
problems. But, there is still a need to increase the quantity and affordability of housing.
To prepare for a second work session, staff responded to Council questions. Staff is now seeking direction as to what outcomes the City wants to achieve in further developing an affordable housing strategy.
The financial impact of these decisions will depend on what Council ultimately includes in the
affordable housing strategy. Once Council has agreed on some affordable housing objectives, staff
will return in a future work session with potential strategies to meet those objectives using various tools available. Council can then explore what resources could be utilized to foster housing choice
and affordability in the short and long term, thereby achieving its desired outcomes. By setting
priorities, the City can focus its efforts to improve housing affordability in the community.
Ms. Belson referred to the Council Briefing Memorandum attached to the agenda packet which
answered the questions raised by Council during their last work session on this topic. 1. How does the Data Analysis discussed at the Council Work Session on October 10th compare with the Springfield Residential Land and Housing Needs Analysis adopted in June 2011? 2. How much land is needed to build a 50-unit apartment complex, or a 100-unit apartment complex? 3. Is there land available to develop multi-family housing?
The Council Briefing Memorandum provided in the agenda packet included responses to those questions. She provided data in terms of acreage that is still vacant by plan designation for residential
uses. Regarding how big of a property is needed to build apartments depends on the number of units,
etc. Examples were provided in the memo. The final question of whether or not we have land ready to go for multi-family housing is also addressed in the memo. Information about discussion staff had
with some developers to find out why they weren’t developing and what would incentive them to develop was also included in the memo. She referred to a previous question from Council Moore about accessory dwelling units (ADU) and distributed a brochure describing the Code requirements
for accessory dwelling units. Springfield does allow single room occupancies and treat that like multi-family housing, which is allowed in medium or high density housing districts, as well as mixed-use
districts. She spoke regarding rooming houses and the definition on the Code about family. She
described it further.
Councilor Pishioneri asked for more information about the definition of family and this allowance.
Ms. Belson said there are definitions for boarding houses and rooming houses in the Code which are
different than just renting out a house. Low density districts allow one or two bedrooms rented out, but if there are more rooms rented out than that, it must be on a collector or arterial street.
Councilor Moore asked for further clarification on the number of rooms to rent out. She noted that
rooming houses used to be quite prevalent in cities, but due to Code changes have disappeared. Many low-income people lived in those types of dwellings. She asked about opening up our Code to allow
certain types of housing.
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Ms. Belson said there may be some tweaks to the Code that could remove some of the impediments,
but in general all housing types are allowed in Springfield’s Code.
Councilor Moore said she did notice there are some restrictions related to parking, yet many renters don’t have cars.
Councilor VanGordon asked if the Code was clear that these other uses are allowable.
Ms. Belson said it is not easy to understand. The accessory dwelling handout is a way to address that
issue. Citizens are welcome to come to the counter to get more information.
Councilor VanGordon said the issue is finding a way to make it understandable for the average person
and clarify the language. As they move to a more self-serve culture, it is important to have our Code understandable.
Mayor Lundberg referred to the brochure and said there was still a lot that was not clear. It may be that Code changes are made to make it clearer. It should be self-explanatory if we are trying to encourage
these uses. Ms. Belson said in looking at the housing continuum, there needs to be adequate housing options in
each area of the continuum. Staff looked at the different income segments within Springfield and what would be affordable and not cost burdened. They then identified potential objectives of how we could meet the needs from that perspective. One approach in addressing affordable housing is by
determining what is affordable at various income levels and then identifying ways to address the housing needs of that population. To focus the discussion, staff limited the list of potential objectives
to those already mentioned by Council or that staff believes would be effective within the Springfield
context.
Ms. Belson distributed a chart showing Potential Objectives in Affordable Housing. She described the
figures in the chart and the potential objectives for each area median income.
Councilor Ralston asked if most mobile home parks were for senior citizens. Ms. Belson said many are, but not all.
Councilor Moore said part of encouraging alternate housing options could include Code changes. She is wondering how we are going to increase the supply because the City doesn’t have a lot of money.
Ms. Belson said some is regulatory and some is through outreach and education. The City could use Community Development Building Grant (CDBG) funds specifically for low-income rental housing.
Ms. Fifield said there are ways CDBG funding could also be used for land banking.
Councilor Woodrow asked how subsidizing could happen.
Ms. Fifield said the cost of development was prohibitive. Subsidizing could include lowering the
development costs which could translate to lower rent.
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Councilor Woodrow said she is fine considering something like that. Her concern is that Section 8
housing only goes so far. If we were to re-create a similar type of housing specific to Springfield, we would also run out eventually. She would like to look at a way to encourage people to stay where they
are in the continuum without creating a program that would run out of funds or sustenance. She is not sure of the answer.
Councilor VanGordon said there is a lot of information here. He asked if the City currently had enough residential developable land.
Ms. Belson said it depends on who you ask. From her personal perspective in looking at the information, there is a more vacant low density land than high density land. It used to be the other way
around so the City looked at adding high density land in the Glenwood Refinement Plan. Development
is not reaching the target densities. There have been people telling us that they weren’t able to get these projects to pencil out.
Councilor VanGordon said he is willing to look at how to make those work. He said he felt there was something besides reducing system development charges (SDCs) that the City could do.
Ms. Belson said SDCs and public facilities are things the City can control. The other option would be land banking.
Councilor VanGordon said the bigger driver is economic growth. He is interested in land banking to drive us towards more affordable housing. He would also like to look at a non-profit or someone
interested in a tiny house program and getting a pilot program started.
Ms. Belson said they would need to know if it would be transitional or permanent housing.
Councilor VanGordon said he would like to hear what the professionals have to say about whether or
not it should be transitional or permanent. He referred to the options in the Council Briefing Memo
and said he isn’t interested in rent control or putting City funds into projects unless they are funds specific for development or CDBG funds.
Ms. Fifield clarified what was meant by rent control (90 days and dollar amounts).
Councilor VanGordon said they need to consider what they would like to ask the State legislature for regarding affordable housing. He noted that our population growth was very low. There is a lot more to consider such as partnerships, looking at our Code and other alternatives.
Councilor Woodrow said in addition to making the brochure more understandable, we need to be sure we are not discouraging developers. The 90-day notices are discouraging to property owners so she is
not in favor of that option. She would like to focus on property owners and developers and encouraging those strategies.
Councilor Moore said the City should help tenants through education. She asked about the State requirements for evictions and rent increases.
Ms. Fifield said it was 30 days’ notice.
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Councilor Moore said she believes the City has a responsibility to renters who don’t have advocates to
provide education to both renters and landowners regarding fair housing. She doesn’t like the idea of changing zoning and land designation to allow different housing, but feels the Code should be
reviewed. It is very cost prohibitive for her to develop her extra lot. She appreciates the list and the options. She agrees that land banking is a good option. She would also like to look at the Housing Policy Board because it kept the City informed. It was a place for developers and non-profits met.
Ms. Fifield said staff does attend occasionally.
Councilor Pishioneri asked where we came up with 300 square foot minimum for the accessory building. It is very restrictive if they are looking for more options. He noted his question at the last
meeting about ADU’s that have a place for an axle and frame, but were not permitted.
Ms. Belson said the City doesn’t allow vehicles as part of the dwelling. It would depend on how it was
constructed whether or not it would be allowed once the axle was removed.
Councilor Pishioneri said if we are trying to provide more options and using the frame model of a
trailer to build a structurally sound home and meets other requirements, he doesn’t see why it couldn’t be allowed. He also noted the 9’ x 18’ driveway requirement. He referred to the bicycle lanes on Daisy and how it eliminates the ability for those homes with a single car garage to add a second driveway. If
there is parking available, it shouldn't matter whether or not they choose to park on the street. He referred to the section that states that “if a separate entrance to the ADU is proposed, a hard surface walkway a minimum of 3 ft. wide shall be required . . .”. He felt it should say “the walkway must be
ADA compliant”. He doesn’t agree with proposing a 90 day minimum for eviction, or proposing a 90-day minimum for rent increase. The State laws are very clear and known by everyone. If they want
that changed at the State level, they need to address it with the legislature.
Councilor VanGordon said he would like to pursue a SDC waiver for low-income high-density
residential development, and perhaps a tax abatement for targeted situations.
Mayor Lundberg said communities around us are building and growing and Springfield hasn’t done a
lot of development since 2008. Our population isn’t growing and housing is not growing, which affects rent. She is more concerned that they figure out how to encourage people being able to build. The City has always had home ownership as a higher priority than rentals, so our Codes have been
geared around home ownership. She would be interested in looking at any variable such as making ADU’s easier, land banking, incentives, SDCs, etc. We need more housing and we need to increase options to make development affordable. These tools could help make rentals more affordable through
non-profits and private development. Some could be for senior living. We need to open the door better to get development. We seem to have enough property, so we need to find a way to help people pencil it out. Council needs to set the priority to focus on housing and affordable housing for all, and the
Community Development Advisory Committee (CDAC) needs to know that when looking at allocations. They also need to work on partnerships. She noted that AARP was planning a middle-
housing summit for developers and others in February. They are a partner the City can work with.
Councilor Pishioneri asked if the situation with the lots in the Thurston Hills in the 1980’s was similar
to land banking.
Mr. Grimaldi said the City funded infrastructure for developers in that area. The City no longer does
that. When the recession hit, it caused the City to acquire thousands of lots that have since been sold.
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In that situation, money was loaned with the plan of getting a return on the development. In land
banking they expect no return.
Councilor Moore referred to the brochure and asked why ADU’s were only allowed in low density residential. She lives in a medium density district.
Mayor Lundberg asked what would be the quickest to tackle.
Ms. Belson said providing incentives in the SDCs and prioritizing CDBG funds for housing through
the action planning process.
Ms. Fifield said the Myrtle Wood development just received their funding and tax credits and hope to
develop late next year. New development takes time.
Ms. Belson said land banking could also be started soon.
Mayor Lundberg asked if staff knew of any duplexes or fourplexes that need repair or are foreclosed
on that a non-profit might want to rehabilitate using incentives from the City. Ms. Fifield said there was an option to buy a single family home or duplex. Rehabilitation was not part
of that conversation, but there was a struggle per federal regulations to find something in the price range. The question is whether or not there is a way to do thing ongoing as opposed to having money available as homes become available.
Mayor Lundberg said she would like to encourage someone, either a non-profit or private developer,
to take on that type of project.
Councilor Moore asked who HACSA was selling their renting housing to, or if they might be
available.
Ms. Fifield said they had been working with NEDCO about purchasing those for the purpose of low-
income home ownership. Mayor Lundberg asked if we would be out of compliance if we focused our HOME funds towards
rentals instead of home ownership. Ms. Fifield said there is room to make that adjustment.
Ms. Belson said the City has a program allowing people to live in vehicles on church or industrial sites as part of emergency housing. There is an option to try to expand that program and provide more sites
in the near future.
Mayor Lundberg said last time it was difficult to get the industrial sites and churches to participate in
the program. It will take more of an effort by someone and perhaps having a business approach another business would be the best way. Council would be very supportive of expanding that program.
Mayor Lundberg said they could look at incentives (SDC reductions), CDBG funds, and emergency
housing now, and look at Code changes in the future.
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Ms. Belson said she could outline the steps involved. There would be a process for building Code
changes, etc.
Mr. Grimaldi said staff will take the direction Council has given and bring it back to see if it is right. They can then modify if needed. It will take a couple more conversations to get to a strategy.
Councilor Pishioneri said he wants to make sure changes are well thought out and consideration is taken of how those changes could affect other things.
ADJOURNMENT
The meeting was adjourned at 7:20 p.m.
Minutes Recorder – Amy Sowa
______________________ Christine L. Lundberg
Mayor Attest:
____________________ Amy Sowa
City Recorder
City of Springfield
Work Session Meeting
MINUTES OF THE WORK SESSION MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY DECEMBER 5, 2016
The City of Springfield Council met in a work session in the Jesse Maine Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday December 6, 2016 at 6:15 p.m., with Council President Woodrow presiding.
ATTENDANCE
Present were Councilor President Woodrow and Councilors VanGordon, Wylie, Moore, Ralston, and Pishioneri. Also present were City Manager Gino Grimaldi, City Attorney Mary Bridget Smith, City Recorder Amy Sowa and members of the staff.
Mayor Lundberg was absent (excused).
1. Discussion Regarding Creation of an Administrative Inspection Warrant to Assist with Enforcement of the Springfield Municipal Code.
Anette Spickard, Development and Public Works Director, and Kristina Kraaz, City Attorney’s office, presented the staff report on this item.
Staff requests Council discussion and input on the creation of an administrative inspection warrant as a tool to assist in the enforcement of the Municipal Code.
The City lacks a provision in the Municipal Code to allow staff to request an administrative inspection warrant from the Municipal Court to aid in the collection of evidence necessary for code enforcement actions.
Administrative warrants are a useful tool for code enforcement in many different areas – illicit
discharge, Land Drainage Alteration Permits, building safety code enforcement, nuisance code, and
development code enforcement. Administrative warrants are a common tool used in cities across the country and the standard for the Municipal Court to grant these warrants is firmly rooted in established
Supreme Court case law.
The tool can also be used in collaboration with the existing Chronic Nuisance Property code
administered by the Police Department. The City already has authority to immediately enter onto
private property without a warrant in the case of an emergency or for an immediate public health and safety risk without any code amendments. Adopting an administrative inspection warrant provision
into the Municipal Code will provide a specific standard and criteria to allow the City to seek Court
approval to gather necessary evidence for a code enforcement action absent such emergencies.
If Council directs, staff will draft the necessary Ordinance and will schedule the public hearing and reading process to occur when Council returns from winter recess. Staff will also contact the Municipal Court to discuss the implementation of the new code if it is adopted by Council at the end
of the public hearing and reading process.
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Council Work Session Minutes
December 5, 2016 Page 2
Ms. Kraaz said the standard for a judge to order an administrative warrant is different from a criminal
warrant. A criminal warrant requires probable cause, and administrative warrants require reasonable cause, which could be shown by a code enforcement officer during their routine checks.
Councilor Pishioneri asked if reasonable cause was the same as reasonable suspicion.
Ms. Kraaz said they are the same standard.
Councilor Pishioneri said he wants to know if our Court would see this at the same level as a criminal
warrant. He would like to see that the request for a warrant falls under exigency circumstances. He explained the definition of exigency circumstances. He would like to see some sort of language to
make sure our requests are treated the same in Court. He’s not comfortable with a staff person making
a decision to submit the warrant.
Ms. Spickard said they would have internal processes and discussion before it was submitted.
Councilor Pishioneri said it needs to be written clearly to protect the City. He said he is a proponent
of property owners’ rights, but if the situation affects public health and safety, that would override a property owners’ protections of not allowing people to come onto their property.
Ms. Kraaz confirmed that he wants it tied to a health and safety need. Without this ordinance, the only way to get on any private property is to go to Lane County and ask a judge for a warrant. If this is restricted to health and safety, the City wouldn’t have any way to go onto the property owner’s
property for anything that wasn’t included in the ordinance.
Councilor Pishioneri said if it is not an issue of public health and safety, we have time to go through
other channels.
Ms. Spickard said there are a handful of difficult code enforcement circumstances that go to Court. We
try to work with people without going to Court.
Councilor Pishioneri said before we would go onto the property, staff would go to Court for a hearing anyway.
Ms. Spickard said this gives the City time to gather more evidence for Court, or verify there is a violation.
Ms. Smith said in the past, there have been a handful of times when there were issues with elicit discharge which relate to public health and safety. In those situations, the City can’t go onto the property to test. Those are the times an administrative warrant would be used. She referred to another
case where a number of people were living in unsafe conditions and the City could not get onto the property to see what was truly going on.
Councilor Pishioneri asked if a homeowner could be cited on show cause.
Ms. Smith said the City would try first to get entry voluntarily, and then go through the process for the
warrant and affidavit.
Ms. Kraaz said execution of the warrant would work similar to a criminal warrant.
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Councilor Pishioneri asked if there was a process that would encourage the property owner to allow
the City on their property prior to the warrant being issued.
Ms. Kraaz said the City would need documentation showing they tried to get permission for entry. Councilor Pishioneri asked if there was a way to trigger notification to Council or the City Manager
that a warrant is being issued, just prior or shortly after.
Mr. Grimaldi said there are ways to make sure that happens.
Ms. Smith noted that if the City finds other evidence of criminal wrongdoing under the warrant, they
can’t use it; rather it is specific to the purpose of the warrant.
Ms. Kraaz said that is correct. She described further. There are exceptions, but generally other
evidence found would not be admissible.
Councilor Pishioneri said that is important when training code enforcement.
Ms. Spickard said they practice that currently.
Councilor Pishioneri said if they notice illegal activity first, they should probably go to Police. Ms. Spickard said Code Enforcement and Police staff work collaboratively on many issues. In some
cases, they can request Police accompany Code Enforcement.
Councilor Ralston said he was first concerned and doesn’t want to violate private property rights.
After reading through the materials, he feels more comfortable with the definitions of what constitutes probable cause. He feels substantial evidence is needed. He wants something that can be used to take
care of problem drug houses since that is what needs to be cleaned up most. He has faith in the
oversight of this through internal policies.
Councilor VanGordon said he is overall supportive, but has some questions about the process. He asked if Code Enforcement officers could issue the warrant. Yes. He would like more structure around that part of the process. He wants the internal process in place before the ordinance passes.
Ms. Kraaz said they do have processes in place, and the judge must first review what is submitted by Code Enforcement officer and makes the determination whether or not to issue the warrant.
Councilor VanGordon said he wants to make sure leadership is aware. He referred to Section 5.630 of the proposed ordinance which refers to reasonable cause “to believe that there exists in any structure
or upon any property any condition which constitutes a violation of a statute, ordinance, regulation, rule, standard or order”. That sounds very broad.
Ms. Spickard said this would be for the Nuisance Code, Development Code, Illicit Discharge and Land Drainage Alteration Permit requirements and Municipal Code. It’s a tool to enforce the laws in
the City Municipal Code and Development Code.
Councilor VanGordon asked why it would need to be written that broadly.
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Ms. Kraaz said there are places in the Municipal Code and Development Code regarding illicit
discharge and LDAP permits that leave discretion to the City Manager to implement standards and rules. Some of those standards are set by an order, or consent order from the previous owner. The
extra language in the ordinance is intended to cover those types of situations. If they are not included, the City may not be able to use this tool in those circumstances. Language could be added to the ordinance that identifies which rules and orders.
Councilor Wylie said she likes the idea of identifying which rules. The City Manager should be
included in the approval to go ahead with this warrant. It’s important enough and she wants that stop
gap. We have to respect and honor property owner’s rights, but we also have to respect the neighbor’s property rights who are impacted by noise, danger, etc. There has to be a balance. That’s why she
would like it to be brought to the City Manager. We need to have tools to protect the neighbors and
deal with offenders.
Councilor Moore asked about Section 5.638, “Emergency Inspection without Warrant” and what that
means.
Ms. Kraaz said an emergency circumstance would include things like discharge going into City water that was going to seriously jeopardize people’s health. If the only way to stop it was to go onto private property, that would be allowed without a warrant. This preserves the constitutional exception to
search and seizure warrant requirement. We have always had this ability. Councilor Moore said she is concerned that when the City asked people if they can come onto the
property and the people say ‘no’, they will have time to remove evidence while we seek a warrant.
Ms. Kraaz said there is language that covers that situation. In many cases, the goal is compliance. If
the threat of someone coming into search makes them clean up the problem, and there is not an issue with that, it could be beneficial. In a case where we need to know what’s going on without tipping off
the property owner, those facts if reasonable, could allow this process.
Ms. Spickard said in the daily course of work, staff tries to work with the property owner to reach
compliance. If we find someone who is not cooperative in the beginning and we let them know this is a potential process we can use, they may be more likely to abate the offense.
Councilor Moore said it sounds like there are some times when we don’t want them to know ahead of time in case they tamper or hide the evidence.
Councilor Pishioneri said he is fine with having the Department Director and Supervisor approving and just notifying the City Manager rather than having him part of the approval process. He noted that exigent circumstances are similar to emergency. He described the differences. Code enforcement
officers are enforcing the law. He is concerned about how this is currently worded under emergency situations.
Ms. Kraaz said if there is an emergency where immediate access is necessary for public safety and welfare, the warranty is exempted. Councilor Pishioneri agreed with that.
Councilor VanGordon said he is fine with the City Manager being informed as long as a Department Director or other staff in a leadership position approves. He would like to know how often this would
be used when people are non-compliant.
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Ms. Spickard said they would look at it case by case.
Councilor Woodrow said she doesn’t disagree with anything.
Mr. Grimaldi said staff would bring this back for a first reading and public hearing.
ADJOURNMENT
The meeting was adjourned at 6:52 p.m.
Minutes Recorder – Amy Sowa
______________________ Christine L. Lundberg
Mayor Attest:
____________________ Amy Sowa
City Recorder
City of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD MONDAY DECEMBER 5, 2016
The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Monday December 5, 2016 at 6:59 p.m., with Council President Woodrow
presiding. ATTENDANCE
Present were Council President Marilee Woodrow and Councilors VanGordon, Wylie, Moore, Ralston, and Pishioneri. Also present were City Manager Gino Grimaldi, City Attorney Mary Bridget
Smith, Assistant City Attorney Kevin Kraaz, City Recorder Amy Sowa and members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Woodrow.
SPRINGFIELD UPBEAT 1. Mayor’s Recognition
2. Other
a. Library Bookmark Contest Winners.
Emily David, Library Manager, presented the staff report on this item. This is the 36th year for the
contest and 1400 entries were received, the most ever.
Councilor Woodrow said she saw a lot of the entries come in on the deadline of October 31 while she
handed out candy in the Library. The theme for this year’s contest was “Build a Better World”.
Ms. David read the names of the winners:
Kindergarten: Aliyah Ornelas (Ridgeview)
1st Grade: Jake Fisher (Centennial)
2nd Grade: Koah Thomson (Page)
2nd Grade: Mya Torkelson (Riverbend)
3rd Grade: Piper Hueftle (Two Rivers-Dos Rios)
4th Grade: Alaina Bartlett (Centennial)
5th Grade: Jasmine Durkin (Douglas Gardens)
6th Grade: Madison White (Briggs)
7th Grade: Alyssa Jordan (Agnes Stewart)
7th Grade: Isabella Bevans (Briggs)
8th Grade: Jessica Alegre (Briggs)
9th Grade: Simon Lee (Homeschool)
11th Grade: Grace Lee (Homeschool)
12th Grade: Gabrialla Binford (Baker Charter Web Academy)
City of Springfield
Council Regular Meeting Minutes
December 5, 2016 Page 2
Councilor Woodrow congratulated each winner.
CONSENT CALENDAR
1. Claims
2. Minutes
a. November 21, 2016 – Work Session
b. November 21, 2016 – Regular Meeting
3. Resolutions
a. RESOLUTION NO. 2016-29 – A RESOLUTION AUTHORIZING THE CITY MANAGER
TO AWARD COMPETITIVE BIDS, REQUESTS FOR PROPOSALS, OTHER PERSONAL
SERVICES CONTRACTS EXEMPT FROM BIDDING REQUIREMENTS UNDER THE CITY PURCHASING REGULATIONS, AND APPROVE AMENDMENTS TO PUBLIC
CONTRACTS IN CONFORMANCE WITH CITY OF SPRINGFIELD MUNICIPAL CODE AND ADMINISTRATIVE REGULATIONS DURING THE PERIOD COMMENCING DECEMBER 6, 2016 AND CONTINUING THROUGH JANUARY 2, 2017 WHILE THE
COMMON COUNCIL IS IN RECESS.
4. Ordinances
5. Other Routine Matters
a. Approval of Liquor License Application for Hop Valley Brewing Company, located at 980 Kruse Way, Springfield, Oregon.
b. Approve Amended Springfield Library Advisory Board Rules for Governance.
c. Approve the November 8, 2016 General Election Report of Board of Canvassers and Proclamation for the Election of Springfield City Council Position for Ward 3, Springfield
Utility Board Members for Position #1, Position #3 and Position #5, and City Measure #20-
252, Fuel Tax and 20-254, Marijuana Tax.
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR WYLIE
TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
ITEMS REMOVED
PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at
both entrances. Please present cards to City Recorder. Speakers may not yield their time to others.
1. Ordinance and Agreement Regarding Collection, Enforcement, Administration and Distribution of the Local Marijuana Gross Receipts Tax.
ORDINANCE NO. 1 – AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS 7.1001, 7.1002, 7.1004, 7.1005, AND 7.1011 THROUGH 7.1014 TO
INCORPORATE STATE MARIJUANA TAX PROVISIONS FOR THE COLLECTION,
City of Springfield
Council Regular Meeting Minutes
December 5, 2016 Page 3
ENFORCEMENT, ADMINISTRATION AND DISTRIBUTION OF THE LOCAL
MARIJUANA GROSS RECEIPTS TAX, REPEALING SECTIONS 7.1006-7.1010, AND CONTAINING A SEVERABILITY CLAUSE (FIRST READING)
Bob Duey, Finance Director, presented the staff report on this item.
At the November election, local voters passed a measure allowing a 3% local gross receipts tax on the sale of recreational marijuana and related products. To satisfy State requirements the City must
amend local ordinances to align itself with the program requirements. This was known at the time of
the ballot but was delayed until the actual passage of the measure. In addition, staff is recommending that the City contract with the State for the collection and distribution of tax money owed by the in-
city retailers of recreational marijuana.
The legalization of recreational marijuana within the State of Oregon is bringing many changes to both
State and local governments. One of these is the legislative decision to allow local jurisdictions along
with the State an option to tax recreational marijuana sales that occurs within its jurisdiction. Prior to this legislative action it was probably going to be subject to a court interpretation as whether local
jurisdictions would have the ability to enact a local tax in addition to the state tax. In an attempt to preserve the right to a local tax, Springfield amended its local municipal code prior to
the state-wide vote to legalize recreational marijuana. Admittedly it was unknown if this would preserve that right over the soon to be passed state measure. Since the election the State has developed a taxing program that provided local governments an option for participating in taxing
recreational marijuana that Springfield has taken advantage of by placing the 3% local tax option on the November ballot.
The tax will go into effect January 1, 2017 yet taxes aren’t due until April. Retailers will have 30 days to file their taxes, and the State will have 30 days to pay cities, so the City won’t see any taxes until
late May or early June of 2017. The distribution of taxes to cities is no longer based on per capita, but
rather on the number of actual retailers in each community. At this time, Springfield has 7 who have picked up information on licenses. Regarding State shared revenues, the City has not yet received any
funds as the State is still in the cost recovery stage. There will be no State revenue sharing until the
State feels they have covered their start-up costs. Discussions regarding any revenue will be discussed during the budget process in May, although it will still be unknown how much we will receive. The
second reading on the ordinance will take place in January of 2017. Councilor Pishioneri asked if those that add retail to a medical facility will be counted as retail. Yes.
Ms. Kraaz said there are limited allowances for dispensaries that dispense medical only, and they aren’t taxed. Once they begin selling retail, they will need to be licensed for retail and will be taxed.
Councilor Pishioneri asked how the City will know how many retail establishments open in
Springfield.
Mr. Duey said both recreational and medical marijuana businesses are required to obtain a business
license from the City.
Councilor Pishioneri asked what would happen if someone opened a business, but did not get a
license.
City of Springfield
Council Regular Meeting Minutes
December 5, 2016 Page 4
Ms. Smith said staff would contact the business and inform them of the requirement. We can also use
enforcement through Municipal Court if needed.
Mr. Duey said they have to register with State for both medical and recreational, and the State notifies the City.
Council President Woodrow opened the public hearing.
No one appeared to speak.
Councilor President Woodrow closed the public hearing.
NO ACTION ON THE ORDINANCE. FIRST READING ONLY. IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR WYLIE
TO AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE STATE OF OREGON TO COLLECT AND DISTRIBUTE TO THE CITY OF SPRINGFIELD TAXES OWED BY THE ENACTMENT OF A 3% LOCAL TAX ON THE SALES OF RECREATIONAL MARIJUANA. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE AUDIENCE
COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS
BIDS
ORDINANCES
1. Springfield 2030 Comprehensive Plan: Adoption of Amendments to the Springfield Urban Growth
Boundary (UGB) and Eugene-Springfield Metropolitan Area General Plan, Designating Land to Meet Employment Land Needs for 2010-2030 Planning Period and Designating Land for Natural
Resources; Public Facilities; Parks and Open Space. (Metro Plan Amendment File No. LRP 2009-00014).
ORDINANCE NO. 6361 – AN ORDINANCE AMENDING THE SPRINGFIELD URBAN
GROWTH BOUNDARY; THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) TEXT AND DIAGRAM TO AMEND THE METRO PLAN
BOUNDARY, ADOPT THE SPRINGFIELD 2030 COMPREHENSIVE PLAN (2030 PLAN) ECONOMIC AND URBANIZATION POLICY ELEMENTS AND ASSIGN PLAN DESIGNATIONS TO NEWLY URBANIZABLE LANDS; THE SPRINGFIELD ZONING MAP
TO ASSIGN NEW ZONING; THE SPRINGFIELD DEVELOPMENT CODE TO ADD SECTIONS 3.2-915 – 3.2-930 ESTABLISHING THE AGRICULTURE-URBAN HOLDING
AREA LAND USE ZONING DISTRICT (AG); AND ADOPTING A SEVERABILITY
CLAUSE.
Linda Pauly, Principal Planner, presented the staff report on this item.
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Council Regular Meeting Minutes
December 5, 2016 Page 5
Springfield has completed its evaluation of land needed to provide adequate employment opportunities
for the 2010-2030 planning period consistent with Oregon Statewide Planning Goal 9: Economic Development; has prepared Economic and Urbanization comprehensive plan policies and land use
regulations to support attainment of community economic development and urbanization objectives; and has evaluated lands to be included in an expansion of the UGB to address land needs that cannot be met within the existing UGB consistent with ORS 197.298 and Oregon Statewide Planning Goal
14: Urbanization.
On November 7, 2016 the Council, Lane County Board of County Commissioners and Lane County
Planning Commission (LCPC) conducted a joint meeting to consider the testimony received from the public and to deliberate adoption of the ordinance. The Council made a preliminary decision to adopt
the proposed 2030 Plan amendments (Exhibits A-E) and directed staff to prepare Final Findings
(Exhibit F, F-1) to support Council’s preliminary decision.
Adoption of Springfield’s Commercial and Industrial Lands Buildable Lands Inventory and Economic
Opportunities Analysis (CIBL/EOA) is critical to Springfield’s ability to plan, zone and develop land within the community consistent with the community’s livability and economic prosperity goals and
redevelopment priorities. The CIBL/EOA Final Report provides empirical data to establish the amount and type of employment sites needed to accommodate forecasted employment growth and target employers. Springfield’s need for employment sites larger than 5 acres cannot be met within
the existing UGB. The proposed UGB amendment adds approximately 257 acres of suitable employment land in two areas — North Gateway and Mill Race — to add suitable sites to meet the identified need for 223 acres of sites larger than 5 acres consistent with the prioritization requirements
of ORS 197.298 and the Oregon Land Use Goal 14 Administrative Rule.
Councilor VanGordon said he was excited that the Council could take action on this item. He thanked
Ms. Pauly and staff for their hard work. This has been a long process, but he feels we are in a good place.
All of the Council agreed.
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR WYLIE
TO ADOPT ORDINANCE NO. 6361. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
a. Bicycle and Pedestrian Advisory Committee Appointments.
Emma Newman, Senior Planner, presented the staff report on this item.
The BPAC is seeking to fill four to ten (4-10) vacancies to fulfill the 10-16 person BPAC membership
requirements.
The Bicycle and Pedestrian Advisory Committee opened recruitment for new membership from September 21st through November 4th 2016. In total, six (6) candidates submitted applications.
The City Council interviewed five (5) candidates during the November 28th work session.
City of Springfield
Council Regular Meeting Minutes
December 5, 2016 Page 6
The City Council deliberated and chose to appoint Ian-Huei Yau, Matthew Auxier, Sheila Thomas, Steven Acker, and Terilyn Jacobs.
IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR WYLIE TO APPOINT IAN-HUEI YAU, MATTHEW AUXIER, SHEILA THOMAS, STEVEN
ACKER, AND TERILYN JACOBS TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE WITH TERMS EXPIRING DECEMBER 31, 2018. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
2. Business from Council
a. Committee Reports
1) Councilor Moore reported on the special EmX Steering Committee meeting. During the
meeting, they discussed changing the role of the EmX Steering Committee to a broader Strategic Planning Committee to help LTD look at an overview of what is going on. She
also attended a transit meeting sponsored by BEST, “Public Transit as an Instrument of Freedom” with Gerard Walker presenting.
Councilor Moore said she attended the First Friday Communities of Color meeting at the Museum which is sponsored by the City and School District. The Museum had a wonderful exhibit of the history of the Springfield Christmas Parade.
Councilor Moore said the Springfield Christmas Parade was wonderful. She thanked
Councilor Woodrow for her work on making it a success.
2) Councilor Ralston said Lane Regional Air Protection Agency (LRAPA) will be asking all
of its partners for a 10% increase.
Councilor Ralston noted that tonight is his last meeting and yet it’s not his last meeting as
a City Councilor as he has a McKenzie Watershed Council meeting coming up. He
provided a few parting comments on City issues: There is not a lot the Council can do about affordable housing. He feels we cut ourselves short with the expansion of the urban
growth boundary (UGB) by not including more high density residential. He encouraged the Council to look seriously at rezoning when the opportunities arise. The City can subsidize by not charging fees and it is a priority. It is amazing to think that twenty years
ago he was on the Planning Commission and the projects they were working on that have come to fruition. The last twenty years have been amazing, and has been his life and his privilege to work with the Council. There have been those that have left the Council for
many reasons. Springfield has the best staff and the best Council.
Councilor Woodrow thanked Councilor Ralston for all he has done over the years and his
dedication to the City. It has been for the betterment of the City.
Councilor Moore thanked Councilor Ralston.
Councilor Wylie thanked Councilor Ralston. While he was on the Planning Commission,
she was serving on the Lane Transit District (LTD) Board. She appreciates his dedication
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Council Regular Meeting Minutes
December 5, 2016 Page 7
and knows it’s sincere. She hopes he stays involved because he has passion and
knowledge.
Councilor Ralston said he will be applying for the next Planning Commission opening. Councilor VanGordon noted the level of contribution Councilor Ralston has given to this
community. He has always appreciated his insight and wisdom.
Councilor Pishioneri said every good governance needs checks and balances and
Councilor Ralston has been the definition of that. He has stood up to what is dear to him, has questioned and challenged, and it is very much appreciated. He appreciates someone
being willingly open. Councilor Ralston has been the voice of many people in the
community and has been courageous. It has been a pleasure serving with him and he looks forward to seeing him in the future.
b. Other Business
BUSINESS FROM THE CITY MANAGER Mr. Grimaldi said there is a Going Away Party for Councilor Ralston scheduled for December 15 at
3:30pm in the Library Meeting Room. BUSINESS FROM THE CITY ATTORNEY
ADJOURNMENT
The meeting was adjourned 7:26 p.m.
Minutes Recorder Amy Sowa
______________________
Christine L. Lundberg
Mayor
Attest: ____________________
City Recorder