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HomeMy WebLinkAbout01/03/2017 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD TUESDAY JANUARY 3,2017 The City of Springfield Council met in regular session in the Council Chambers,225 Fifth Street, Springfield, Oregon, on Tuesday January 3, 2017 at 7:00 p.m.,with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie,Moore, Stoehr,Woodrow and Pishioneri. Also present were City Manager Gino Grimaldi, City Attorney Mary Bridget Smith, City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. BUSINESS FROM THE CITY ATTORNEY 1. Springfield Mayor and Council Members—Oath of Office City Attorney Mary Bridget gave the Oath of Office to Mayor Lundberg and Councilors Moore, Stoehr and Pishioneri. SPRINGFIELD UPBEAT CONSENT CALENDAR 1. Claims 2. Minutes a. November 28, 2016—Work Session b. December 5, 2016—Work Session c. December 5, 2016—Regular Meeting 3. Resolutions 4. Ordinances 5. Other Routine Matters IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR MOORE TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 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. City of Springfield Council Regular Meeting Minutes January 3,2017 Page 2 1. Ordinance 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 THROUGH 7.1006 AND 7.1010 THROUGH 7.1014 TO INCORPORATE STATE MARIJUANA TAX PROVISIONS FOR THE COLLECTION ENFORCEMENT,ADMINISTRATION AND DISTRIBUTION OF THE LOCAL MARIJUANA GROSS RECEIPTS TAX, REPEALING SECTIONS 7.1007-7.1009,AND CONTAINING A SEVERABILITY CLAUSE. 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 with the program requirements. Staff first presented a recommended ordinance and asked Council to hold a first reading public hearing on this ordinance on December 5"'. Since that time the State has requested that additional information be provided in the ordinance. The City Attorney's Office has reviewed this request and drafted a revised ordinance that meets these requirements. Because the changes could be viewed as significant it is recommended that a first reading and public hearing be held again with the second reading scheduled for January 17"'. Mr. Duey explained the changes to the ordinance. Mayor Lundberg opened the public hearing. 1. Kris McAllister, Springfield, OR. Mr.McAllister asked that the Council educate themselves on this issue in all aspects. He distributed written testimony as well.His concerns are with zoning and planning surrounding the taxed product which has been put forth by the City. For the past two years, staff has not been able to do develop local focused ordinances, instead leaning heavily on work done by other cities and states in similar situations;while being unable to discuss potential options due to limited staff time allowed on the topic. In the past, he has suggested a non-binding advisory board to aid both the Planning Commission and staff in presenting concepts that not only help Springfield revenues,but also its businesses and local consumers. In light of the continually changing expectations from the State,and the desire for a community to shape its own destiny,he proposes an ad hoc task force on the topic, to generate information and identify obstacles,with a report to be presented after the August break on Springfield's Cannabis Plan. This committee could consist of appointed community members,producers and processors licensed within the City. It would allow the community to assess and create its own standard,while proceeding with growth and stability in mind.As the 9"'largest city in the state,perhaps we can set the example of how to be inclusive, and productive. While he is not especially concerned about the state of the responsible adult use system,he has witnessed the erosion of the compassionate medical system due to excessive local and state fees, over regulation without adequate reform and community silence in return for tax revenues from captive audiences. Excessive fees and licenses,with fewer allowed legitimate players,make for higher rates across the board, especially for those priced out of their medical cards, forced to purchase larger amounts at inflated costs. These sick people, who are not planned for by their city, or their OLCC dealer, suffer,move to opiates or cheaper black market medicine. Perhaps further engagement can be had if the staff tasked with cannabis were not assuring citizens that they would have ample time to participate in public City of Springfield Council Regular Meeting Minutes January 3,2017 Page 3 discourse, only to have unrealized deadlines known for a year and a half, forcing Council to make last minute ordinances with muted public access, or risk having no action allowed through statutes as demonstrated by the initial processing behind this tax. Our Council stated this was an opportunity to build up our economy, provide local jobs for our displaced workers, and set a standard apart from Eugene. If this Council wishes later, he is willing to share the experience of trying to navigate our City's process since it began handling dispensaries and legalization on an official capacity. He appreciates the time to speak before Council. Mayor Lundberg closed the public hearing. Mayor Lundberg said she would like to be responsive and look into what we might be overlooking. Mr. Grimaldi said he would schedule a meeting with staff to meet with Mr.McAllister to get more information from him and report back. NO ACTION REQUESTED. FIRST READING ONLY. BUSINESS FROM THE AUDIENCE 1. Rocko O'Donnell, Eugene,OR Mr. O'Donnell said they are Imperial Trading which is located on 16'b Street behind Bullfrog Enterprises. They have been in Springfield doing business since 2010. They focus on cannabis growing and medicinal oil processing. They love being in Springfield; part of the business community, contributing tax dollars, and providing premium,well-regarded products. Imperial owns the property where the business is located, but a street ordinance classification will compromise operations, and likely force them to move the business. They are asking the City Council to consider grandfathering Imperial's business so they can continue to operate, hire more employees, expand and thrive in Springfield. The industry is in its beginning stages, and they want to be in Springfield as it matures, stabilizes, and thrives. They hope to thrive with it and contribute more over time to the City financially and culturally,that benefits everyone. They feel and know great things are ahead for Springfield, and the Imperial team would be grateful if the Council would consider allowing them to stay at their current location and continue to operate. He thanked them for their consideration. COUNCIL RESPONSE Mayor Lundberg asked for follow-up on his concerns. Mr. Grimaldi said someone would meet with Mr. O'Donnell tonight or tomorrow. CORRESPONDENCE AND PETITIONS BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Mayor/Council Committee Assignments. City of Springfield Council Regular Meeting Minutes January 3,2017 Page 4 The Springfield Charter and Council operating policies require that the Mayor make and formally confirm Mayor/Council committee assignments. Mayor Lundberg referred to the committee assignments on the attachment. Councilor Wylie confirmed those assignments begin immediately. 2. City Council President Appointment. The Springfield Charter and the City Council Operating Policies and Procedures provide that at the first regular meeting in January after each general election,the Council shall elect by ballot one of its members as President of the Common Council. Mayor Lundberg said they would take nominations and then each person would vote. Councilor Wylie nominated Councilor Moore for Councilor President. Councilor Stoehr seconded. Councilor Pishioneri nominated Councilor VanGordon for Council President. Councilor Woodrow seconded. Councilor Wylie said in the past they had chosen the person with the longest tenure as the Council President. She would hope they would continue to do that and would assume it is Councilor Moore's turn. Votes were as follows: Councilor Moore-3 in favor(Wylie,Moore and Stoehr) Councilor VanGordon—3 in favor(VanGordon, Woodrow and Pishioneri) City Attorney Mary Bridget Smith said because there was a tie,Mayor Lundberg could vote to break the tie per Charter rules. Mayor Lundberg voted for Councilor VanGordon. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO APPOINT COUNCILOR VANGORDON AS COUNCIL PRESIDENT. THE VOTE WAS 4 IN FAVOR AND 0 AGAINST (3 ABSTENTIONS—WYLIE,MOORE AND STOEHR) 3. Business from Council a. Committee Reports b. Other Business Councilor VanGordon said he attended the G Street OASIS meeting today. For the first time,they were able to generate their December statistics. Thirty-two families are in the program. Counting their kids,that is 119 people in our community who are getting support through this program. That translated to 84 visits to the day center for services,with 84 volunteer hours. They have moved six people to permanent housing. Two additional people had left the area and returned home. They're seeing a real challenge finding affordable housing and people have to find housing outside the area.Next month,they will look at the school attendance rate to see if there is an increase. They City of Springfield Council Regular Meeting Minutes January 3,2017 Page 5 have three regular volunteers and will try to get more from the church so they can provide more services. Councilor Moore she, Councilor Pishioneri and Mayor Lundberg attended the Flame Dedication Ceremony last week. It is a beautiful flame and she appreciated meeting the artist. BUSINESS FROM THE CITY MANAGER 1. City Attorney Contract Renewal. Bob Duey,Finance Director,presented the staff report on this item. The current contract with the firm of Leahy,VanVactor, Cox and Melendy has expired. Staff completed an evaluation process of the firm's services and made the results available to the Council's Finance&Judiciary Committee that shared and discussed the results with the firm's representatives. The Finance&Judiciary Committee is making the recommendation that a new contract with the firm be approved by the full Council as a 2-year contract with the terms and conditions identified in the new contract and described in the briefing memorandum. Mr. Duey reviewed the new contract and the evaluation process, and noted that the City Attorney's office received a positive evaluation. The recommendation from the Finance/Judiciary Committee is to sign the two-year contract through June 30, 2018 with the proposed rate increases. They also recommended that in order to remain transparent,they should go out for a Request for Qualifications (RFQ)before the end of the two-year extension. They recognize that the quality of the firm is excellent, but feel it is important for transparency to go out for bid on occasion. Councilor Pishioneri added that the Finance/Judiciary Committee looked closely at the numbers and could not argue against the proposed fees. They have been a great firm and great to work with, getting very positive evaluations. Going out for a Request for Proposals(RFP)has nothing to do with quality of service,but is to fill their fiduciary responsibility to look at the services the City contracts with to make sure the City is getting what they pay for. It was many years ago when they last went out for an RFQ. Councilor VanGordon asked if the first rate change was to get them caught up to market rate. Mr. Duey said it was partly that, but not quite a full increase to bring it to market. It would be fully to market rate after the second year. Councilor Wylie agreed they should go out for an RFP to be straightforward and open. Mayor Lundberg said since costs are changing, she would also like to look at the possibility of in- house counsel. It may be something we could look into and it could work out better for the City. Councilor Wylie said if they went to an in-house Counsel they would need to contract out for some of the other services. Mayor Lundberg said that is correct and is what they do now. Councilor Pishioneri said he was open to that as long as they do their due diligence for their fiscal responsibility. City of Springfield Council Regular Meeting Minutes January 3,2017 Page 6 Mr.Duey said changing city attorneys would require a transition period. He would suggest looking into the option of an in-house option first, and then decide if they want to go out for an RFP. Councilor Pishioneri said he wants to make sure they do it right. Councilor VanGordon said he would be behind the two-step process. It makes sense. Councilor Woodrow said we are in a good position and have time to get where we want to go and do the research. She likes the two-step process as suggested. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR PISHIONERI TO APPROVE THE RENEWAL OF THE LEAHY,VANVACTOR, COX AND MELENDY CITY ATTORNEY'S CONTRACT WITH A TWO YEAR CONTRACT THAT WOULD EXPIRE ON JUNE 30,2018. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Mayor Lundberg welcomed new councilor Leonard Stoehr. ADJOURNMENT The meeting was adjourned 7:38 p.m. Minutes Recorder Amy Sowa -61r-ist a&L-u' er - Sean VanGordon -Mayer Council President Attest: aA4t}9� U' G_. City Record r