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HomeMy WebLinkAbout03/07/2016 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY MARCH 7, 2016 The City of Springfield Council met in regular session in the Council Chambers,225 Fifth Street, Springfield, Oregon, on Monday, March 7, 2016 at 7:05 p.m.,with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie, Moore, Ralston, Woodrow and Pishioneri. Also present were Assistant City Manager Jeff Towery, 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. SPRINGFIELD UPBEAT 1. Mayor's Recognition a. Women in Construction Week Proclamation. Mayor Lundberg read from the proclamation and proclaimed March 6-12, 2016 as Women in Construction Week, and recognized NAWIC Chapter 77 and its many dedicated volunteers who work on behalf and support women in construction. b. Una Nation of Mixed Bloods Proclamation. Mayor Lundberg read from the proclamation and recognized the Una Tribe of Mixed-Bloods, and honored them for service to Mixed-Blood Native Americans. She acknowledged Richard B. Lake III from the Una Tribe who was in the audience. The formal proclamation had been presented to Richard prior to the meeting. 2. Other a. 2015 Groundwater Guardian Presentation to City Council. Linda Pauly,Principal Planner, presented the staff report on this item. As part of the Drinking Water Protection Program, eight applications have come through ranging from McKenzie Willamette Medical Center remodel to a middle school remodel, memory care facilities, auto-body car businesses, and a variety of other development. She introduced Amy Chinitz from Springfield Utility Board. Yesterday marked the beginning of National Groundwater Awareness Week. In Springfield where 90% of our community's drinking water comes from groundwater,the need for that awareness is especially powerful. We are the largest groundwater dependent community in Oregon. With that distinction comes the responsibility to protect it. The Springfield Groundwater Guardian team takes that responsibility very seriously. The team is made of a broad range of stakeholders, all who conduct work that protects groundwater: teaching kids about water quality; sampling streams and private well water; facilitating proper disposal of household hazardous waste; demonstrating model rain gardens and bioswales; educating our City of Springfield Council Regular Meeting Minutes March 7,2016 Page 2 community about safe pesticide use; helping local businesses implement groundwater protection measures; and making sure groundwater is part of the conversation. All put together, the accomplishments earned Springfield its status as a Groundwater Guardian Community for the 19'h year. She presented a plaque that represents national recognition of Springfield's accomplishments during 2015. b. City of Springfield,Employer of the Year Award. KarLynn Akins, Human Resources Analyst and Volunteer Coordinator, presented the staff report on this item. She introduced Lee Toms our mail courier in a new program at the City.Lee said hello and explained his duties. Ms. Akins said when Lee started in this position, he told her his dream was to be a police officer. The first partner in the mail courier program was the Police Department and Lee's uniform is a police jacket and cap which he wears while delivering mail. On behalf of the City of Springfield and the Springfield Police Department, Officer Scott Akins presented Lee with a special certificate and official Police Department patch, as well as a badge. Officer Akins said many may look at this as a service the City of Springfield is providing, however when staff comes into work each day and sees Lee there, it makes it easier for them to go to work. He presented Lee with the plaque and patch. They are excited to have him as part of the Police Department's team. Ms.Akins then presented Lee with the Presidential Service Award pin for over 200 hours of volunteer service to the City of Springfield. On February 11, 2016, The City of Springfield was recognized as Employer of the Year for the ARC of Lane County. The City of Springfield was recognized for their innovation and on integrating the intellectual and developmental disabled population into the work place and community. A variety of businesses as well as government programs were nominated for this prestigious award. In late 2014, City staff began meeting on developing opportunities for the intellectual and developmentally disabled population within the City of Springfield. In early 2015,the first step of the program was kicked off by developing a courier program with the support of the Justice Center. She acknowledged Chief Doney, Wendy Polen,Kathy Cunningham and the records staff for being willing to try something new. This proved to be a huge success and assisted staff at the Justice Center to focus on other tasks. It is estimated this saved the Court, Police Department and Jail over 400 hours of staff time in 2015 alone. In December 2015,the program was expanded to include City Hall. Last month Ms.Akins met with the Operations division to discuss including this department as well. The courier program picks up the mail, as well as interoffice mail, and delivers it to City departments daily. In addition the front desk in Administrative Services is staffed just under 20 hours a week by volunteers in this program. It is estimated this has saved over 600 hours of work time to date, allowing employees to focus on other more pressing work assignments while teaching valuable job skills to a segment of the population who rarely have access to City government employment. She thanked Human Resources Director Greta Utecht,Administrative Specialist Linda Olson and all of the Human Resources staff for their willingness to support the staffing of their front desk. City of Springfield Council Regular Meeting Minutes March 7,2016 Page 3 While this program has taken some staff time to manage and develop,the impact on the City of Springfield's employees, as well as added productivity this service has provided to City departments, is immense. One of the added benefits is more positive dispositions and more kindness and care shown.A staff member is Police was quoted as saying, "Lee brightens our day. We can have this crazy stressful day going,things can all be going wrong, and we see Lee and he makes us smile, and he reminds us of all that's good." This program allows the City to teach valuable job skills to a population that rarely has access to City government jobs. One of the volunteers was recently hired by SPROUT for a paying position. Her experience in working the front desk is what enabled her to get that job. In addition to these programs, for the first time ever, over 20 disabled individuals led and participated in the 2015 Christmas parade by carrying banners announcing the parade, recognizing our Mayor and City Councilors, as well as float division winners. They walked the entire parade route and proudly represented the City of Springfield. These activities help to meet the Council goals of inclusion and diversity in the work place. She thanked the Council for their forward thinking and support of individuals who do things differently. They are setting an example of how we do things for our entire community and the City of Springfield employees. They look forward to the future. CONSENT CALENDAR 1. Claims 2. Minutes a. January 19, 2016—Work Session b. January 25, 2016—Work Session 3. Resolutions 4. Ordinances 5. Other Routine Matters a. Authorize the City Manager to Sign an Agreement Amending the Agreement between the Lane Radio Interoperability Group partners to Provide for Additional System Manager Services through Lane County. b. Approve Direct Appointment of AMEC Foster Wheeler for the Channel 6 Firm Update Engineering Services Contract in the Amount of$50,993 and Authorize the City Manager to Execute the Contract. IT WAS MOVED BY COUNCILOR WOODROW 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 City of Springfield Council Regular Meeting Minutes March 7,2016 Page 4 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. 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. 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(FIRST READING) Chief of Police Tim Doney presented the staff report on this item. The proposed amendment would prohibit motor vehicles from stopping in the roadway for the purpose of transferring property to pedestrians. This is a revised proposal from the Work Session held on February 16, 2016, and does not include penalties for pedestrians from the first draft. It does have the provision exempting those that have a permit for pedestrian activity as defined in Oregon Administrative Rules. There were questions regarding this issue due to the activities by organizations raising funds. City Attorney Mary Bridget Smith has done some research and can answer questions. Staff recommends the City Council schedule the ordinance for second reading and adoption at a future meeting. Ms. Smith said she could address questions regarding pedestrian activity following the public hearing. Mayor Lundberg reminded everyone that the section about citing the person accepting the donation was removed. Mayor Lundberg opened the public bearing. 1. Peter Ferrero, Springfield, OR Mr. Ferrero said he had listened to the discussion on this ordinance through the press, and heard it is based on a traffic safety issue. He asked what data as opposed to opinions have police gathered,verified and substantiated proving accidents that were attributed to panhandling activities in Springfield. In another City where a similar ordinance was passed,the American Civil Liberties Union(ACLU)became involved and through court action the original action was reversed as unconstitutional. If this ordinance passes and it goes to court, it could be a great expense to the City. 2. Danielle Smith, Springfield, OR Ms. Smith said she urges the City to vote no on this unconstitutional ordinance. She felt Council could do a better service to everyone in this community by strengthening and leveraging partnerships and resources with the poor, homeless, and panhandlers instead of against them and their donors with another violation. They need and deserve a charity,yet this law would maximize the inconvenience for them or their donors to rightfully give and receive. Their willingness to legislate this is an affront to the sensibilities to all citizens who love and cherish our freedoms. This may also be considered a violation of free of religion, a fundamental human right. They already have every necessary resource they need to ensure public safety in this matter. She would like to see more public safety enforcement at busy intersections for protecting pedestrians and bikes using crosswalks. She asked where the hazard reports for panhandling were, showing any compelling reason for such an ordinance to be passed. City of Springfield Council Regular Meeting Minutes March 7,2016 Page 5 She asked how they intended to compensate panhandlers for their loss of income which they would be responsible for. There is more to this than improving traffic flow. It is also about the overall discouragement towards the giving of any charity to panhandlers based upon how much they might receive and what they might buy with it, which she believes is no one's business. This ordinance seeks to do just that be requiring a motorist to either waste their time or continue without stopping to give. She respectfully requests the Council vote no and not waste any more resources developing this ordinance. 3. David Strahan, Springfield, OR. Mr. Strahan said his concerns relate to several aspects, one of which is cost including signage, enforcement and a possible lawsuit. There is also a loss of income for those affected by this law. There already seem to be multiple laws in place that address impeding traffic and pedestrian positioning on roadways,this punishes people who have a kindness of heart and want to help someone else. He would like to hear about the safety concerns. The firefighters are in traffic at the busiest intersections in Springfield with no incidents. This seems to lie in the face of one of the Council goals, "Fostering an environment that values diversity and inclusion".Just because someone doesn't have a home or stable income doesn't mean we need to spin the taxpayers' money passing laws that only seem to punish people who have a kind heart and don't really address the safety concern. He asked that they work with the laws already in place, and work toward inclusion, not exclusion. 4. John Thielking, Eugene, OR Mr. Thielking said he is here to express his concern about the proposed ordinance. He didn't see panhandling as much of a safety problem. The only issue is if the recipient was drunk. In that case,they could be arrested for being drunk in public. He didn't feel they should pass this ordinance. 5. Jack Dresser,McKenzie Highway Springfield OR Mr. Dresser said a Citizen United decision established money as speech. If corporations and wealthy donors can give millions of dollars to political candidates under the banner of free speech,then the least among us are entitled to the same right—to give and receive. This ordinance is very clearly a violation of the first amendment. Anyone handing out money is protected. They could expect a lawsuit if they approve this ordinance. 6. Mariah Leung, Eugene, OR. Ms. Leung said she lives in Eugene, but they are all connected so what happens in Springfield affects the people that live in Eugene. She is opposed to this ordinance. It is on public property, and our transient and homeless population is part of our public. She has personally never seen any obstruction of traffic so this seems like a transparent effort to banish our marginalized population to the outskirts of town. She is against this ordinance. 7. Mary Broadhurst, Springfield OR Ms. Broadhurst said she is well aware this is not Springfield's first attempt to criminalize panhandling. The last time it cost the City of Springfield a lot of money as the case went to the Court of Appeals and found unconstitutional. The City was responsible for their own attorney fees as well as the fees and costs of the ACLU and plaintiffs. She fears they are again looking at an unconstitutional ordinance that will cost the taxpayers. The City says this ordinance is not for panhandling but is for public safety and traffic flow issues, so they would question what evidence there could be to find this unconstitutional. When the court determines whether or not an ordinance is constitutional, it looks at the intent of the ordinance. It is clear the first step would fail as there is no reason for this ordinance. ORS 811.130 addresses impeding traffic and states that"a person commits the offense of impeding traffic if the person drives a motor vehicle in a manner that impedes or blocks the normal and reasonable movement of traffic". That is what the City purports this ordinance will do. Since we already have a law in place,there is City of Springfield Council Regular Meeting Minutes March 7,2016 Page 6 no need for this ordinance. While this proposed ordinance is not written as an explicit attack on constitutional rights,it does so implicitly. This will cost the City a lot in legal fees. Today she spoke with a fellow attorney from the ACLU. She indicated she is watching this ordinance very closely. Instead of wasting the time and energy of Council, staff and the residents of this City on the passage and subsequent defense of an unconstitutional ordinance, perhaps the City should consider how best it could advance its goals of being inclusive and a diverse community,rather than promoting the creation a community of untouchables for the crime of not having a place to sleep. 8. Thomas Watkins,Eugene, OR Mr. Watkins said he submitted a letter prior to the meeting regarding this issue. He feels it is not only an issue of motorists, but an issue of safety for City employees. They are looking at an ordinance that will not only help City employees,but also the citizens. He is in favor of this ordinance going through. It has worked well over the last eight years in Roseburg and there haven't been any lawsuits. The ORS 811.130 deals with vehicles and not pedestrians. This is a matter of public safety. Anyone passing money out to someone has the option of pulling off to the side of the road, getting out of their car in a safe way, and giving people money. The itinerants can register with the IRS or go elsewhere. 9. June Fother igill, Springfield, OR Ms. Fothergill is the Pastor of Ebbert Memorial Church. Her congregation spoke about this on Sunday. They have members who put together gift bags for those asking for help and this would impact those who want to give gift bags to those along the roadway and not feel like they are violating an ordinance. They want to be a community where everyone feels welcome. 10. Dakota Weitman, Springfield, OR Mr. Weitman said the City needs to be careful how they politic ordinances because they are creating a false narrative of a safety concern that doesn't exist. When they do that,they create concern among the people that they don't need, especially in a community that is trying to create inclusion. They separate others be saying it's unsafe to give, and that they will cause problems for everyone else through this action. When they do that,they start to"other" those in the community that don't have as much as others. Mayor Lundberg closed the public hearing. Mayor Lundberg noted that the ordinance has an exemption for those with permits. If this is safety issue, she wants to address all safety and includes removing everyone off the street, including firefighters. City Attorney Mary Bridget Smith said this ordinance is based on other ordinances from other Oregon cities that have not had legal issues. She noted the provision that exempted people engaging in pedestrian activities from being cited from this.Pedestrian Activities is a permit acquired from the State and is generally a group soliciting contributions. This is a permit the group can get ahead of time; they get signs,wear protective clothing and get insurance. Through this permit,they are able to ask for donations and be out in the roadway. Some of the groups that use this permit are the Firefighters(Fill the Boot), and the Cancer Society.Under Business from the Audience at the last Council meeting there was feedback questioning why that exemption was include if this was based on safety concerns. Following research to see if the City would be required to have that exemption, it was determined that the City is not required to have that exemption if this ordinance is addressing safety. Those activities could occur on the sidewalk with signs directing people to a safe place to pull off to donate. A driver could legally park and donate. City of Springfield Council Regular Meeting Minutes March 7,2016 Page 7 Mayor Lundberg said there are a number of streets that are a State highway. She asked if that affected how the ordinance was enforced if the exemption was removed. Ms. Smith said she will double check regarding state facilities that overlay City streets and the City's jurisdictional rights. Mayor Lundberg said the purpose is not trying to restrict the activity, but where it occurs and taking it off the street. The basis is for safety, so all groups would need to follow the restriction. She asked that the ordinance not have that exemption. People could still advertise on the sidewalk and be directed to a safe place. Councilor Moore said she received several emails and had heard the testimony about this ordinance. Someone said they didn't want to live in a city that was so coldhearted. She noted that Springfield contributes a lot to people in need in our community. The CHETT Program is a great example of how people are generously giving to those in need. The other is the G Street Oasis which is a collaboration of TEAM Springfield, Catholic Community Services and Brattain House all working to provide an oasis for stability for homeless families with children. Ebbert Memorial Church provides meals for those in need. Some of our Community Development Block Grant(CDBG) funds go towards the Human Services Commission for non-profits that provide services. This is a giving, caring community and she wanted to make sure that was known. There are many opportunities for individuals to contribute to individuals who are in need. She spoke to someone that provided services who had talked with a number of people who had signs on the street, and found that the majority of the money they received was to support their addiction, enabling people rather than having them seek help. This is a caring community, and this is not the point of this ordinance. The City also cares about safety. Councilor Wylie asked if we have any information of any cities going through a lawsuit at this time with a similar ordinance. She would also like to have information about how many accidents have resulted from panhandling over the last few years. Ms. Smith said she would gather that data. Councilor VanGordon asked if someone could respond regarding the State impeding traffic law,and if it could be used to address the issue. Ms. Smith said she would look at it and get information back to Council. Councilor Ralston said it is not so much about accidents, but disrupting traffic flow. Councilor Woodrow said she was looking at it more about changing the location of the occurrence, not the action. They are trying to be proactive to avoid having further accidents or major accidents involved. Each one of them has noted times when the light turns green while traffic is stopped. They are not taking away the charitable part of this community, but moving it out of the traffic flow. Councilor Pishioneri said he saw a teenage girl get out as a passenger of a car to give money to someone at the side of the road at I-105 and Main Street, a very fast and busy intersection. He has seen multiple incidents of citizens out in traffic giving money. They are trying to be proactive so people don't get hurt. He does feel they should allow pedestrians through the ODOT permit process because of the safety equipment they use. Mayor Lundberg said she wouldn't sign an ordinance unless it removes the exemptions. City of Springfield Council Regular Meeting Minutes March 7,2016 Page 8 Councilor Woodrow said they have kids on the sidewalks directing people to car washes in parking lots and it works. She doesn't see where the safety ordinance can't be equitable and provide opportunities for the"Fill the Boot"activity in a parking lot. Safety to her is the main concern and should be across the board. If it's advertised and directed clearly, people can pull over to donate. Mayor Lundberg said this is a first reading. She asked the Council if they were okay bringing back the ordinance with the exemption removed. The majority agreed. Ms. Smith said she would bring information back to the Council regarding legal challenges faced by other cities, data on safety or traffic flow, and whether or not the Impeding Traffic statute serve the same purpose. They will bring back an ordinance with the exemption removed. 2. Supplemental Budget Resolution. RESOLUTION NO. 2016-04—A RESOLUTION ADJUSTING RESOURCES AND REQUIREMENTS IN THE FOLLOWING FUNDS: GENERAL SPECIAL REVENUE COMMUNITY DEVELOPMENT REGIONAL WASTEWATER DEBT SERVICE REGIONAL WASTEWATER REVENUE BOND CAPITAL PROJECT DEVELOPMENT ASSESSMENT CAPITAL STORM DRAINAGE CAPITAL REGIONAL WASTEWATER CAPITAL, STORM DRAINAGE IMPROVEMENT SDC STORM DRAINAGE REIMBURSEMENT SDC SANITARY SEWER REIMBURSEMENT SDC SANITARY SEWER IMPROVEMENT SDC, SDC TRANSPORTATION REIMBURSEMENT SDC TRANSPORTATION IMPROVEMENT REGIONAL WASTEWATER AND VEHICLE& EQUIPMENT FUNDS. Bob Duey,Director of Finance, presented the staff report on this item. Mr. Duey said they were working to combine some funds in the future. At various times during the fiscal year the Council is requested to adjustments the annual budget to reflect needed changes in planned activities,to recognize new revenues, or to make other required changes. These adjustments to resources and requirements change the current budget and are processed through supplemental budget requests scheduled by the Finance Department on an annual basis. This is the second of three scheduled FYI 6 supplemental budget requests to come before Council. The supplemental budget being presented includes adjusting resources and requirements in General, Special Revenue, Community Development, Regional Wastewater Debt Service,Regional Wastewater Revenue Bond Capital Project,Development Assessment Capital, Storm Drainage Capital, Regional Wastewater Capital, Storm Drainage Improvement SDC Storm Drainage Reimbursement SDC, Sanitary Sewer Reimbursement SDC, Sanitary Sewer Improvement SDC, SDC Transportation Reimbursement, SDC Transportation Improvement, Regional Wastewater and Vehicle&Equipment Funds. The City Council is asked to approve the attached Supplemental Budget Resolution. The overall financial impact of the Supplemental Budget Resolution is to increase Operating Expenditures of$384,264,Capital Projects $6,075,000, Interfund Transfers $4,724,344,Debt Service $35,645,000 and increase in Misc. Fiscal Transactions$466,000. These are offset by reserves $42,466,478 and new revenue $4,828,130. City of Springfield Council Regular Meeting Minutes March 7,2016 Page 9 Mr. Duey explained the changes in the supplemental budget,the largest in the regional wastewater in which the City is doing a refunding and refinancing of two bond issues early resulting in eliminating an$8.9M interest payment over the next 10 years. They will refinance the 2008 bonds and resell them at a lower interest rate saving over$4M in interest over the next 10 years. He noted the factors that provided that opportunity. Councilor VanGordon asked if the reduction in interest would affect further increases in fees. Mr. Duey said it would not. It has less to do with operating costs and affected the debt ratio. The hope is to get to a"pay as you go"operation rather than paying interest for capital projects. 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 WYLIE TO APPROVE/NOT APPROVE RESOLUTION NO.2016-04. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Steve Moe, Springfield, OR Mr. Moe referred to a Register Guard article about the retirement of Fire Chief Groves and the interim Chief being appointed by Eugene Mayor and City Manager. He said he was not in support of the merger and it feels like Springfield is not in control. Mayor Lundberg said the article was incorrect in how this worked. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Jennifer Leigh Clough, Springfield, Oregon, Regarding a Dog Mauling Incident. 2. Correspondence from Gail Riggs, Springfield, Oregon,Regarding the Unlawful Transfer Ordinance. 3. Correspondence from Thomas S. Watkins, Eugene, Oregon, Regarding the Unlawful Transfer Ordinance. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR WYLIE TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES City of Springfield Council Regular Meeting Minutes March 7,2016 Page 10 1. Update Springfield Municipal Code Section 5.104 "Misdemeanors and Violations—State Statutes Adopted". ORDINANCE NO. 2—AN ORDINANCE AMENDING CHAPTER 5 "PUBLIC PROTECTION" SECTION 5.104 "MISDEMEANORS AND VIOLATIONS—STATE STATUTES ADOPTED"OF THE SPRINGFIELD MUNICIPAL CODE(SMC)TO ADOPT BY REFERENCE, OREGON REVISED STATUTES (ORS) CHAPTERS 161 162 163 164 165 166, 167, 181,471, 475 AND ORS 480.110 TO 480.160 THEREBY ADOPTING STATE ORS CRIMINAL STATUTES (FIRST READING). Mary Bridget Smith, City Attorney, presented the staff report on this item. The purpose of this amended Ordinance is to include any changes in the statutes listed in SMC, Section 5.104 that occurred in the last legislative session. There is no financial impact with this ordinance. SMC Section 5.104 adopts by reference and makes state misdemeanor and violation crimes an offense against the City of Springfield so they may be prosecuted in Springfield Municipal Court. This Section is updated on an annual basis to capture any changes that have occurred in the incorporated statutes during the most recent legislative session. NO ACTION REQUESTED. FIRST READING ONLY. 2. Proposed Changes to Springfield Municipal Code 5.300 and 7.450-452 to Address Recent Changes in State Law Regarding E-cigarettes. ORDINANCE NO. 3 —AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION 5.300 REGARDING SALE AND DISTRIBUTION OF TOBACCO TOBACCO PRODUCTS,AND INHALANT DELIVERY SYSTEMS TO MINORS ORDINANCE NO. 4—AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION 7.450 and 7.452 REGARDING TOBACCO AND INHALANT DELIVERY SYSTEM VENDING. Mary Bridget Smith, City Attorney, presented the staff report on this item. This ordinance would update the Springfield Municipal Code(SMC)to reflect state changes in regulating nicotine products and e-cigarettes, specifically by amending SMC 5.300 and SMC 7.450- 452 to define"inhalant delivery systems"and regulate them in the same manner as tobacco products. This changes SMC 5.300 to include"inhalant delivery products"and updates the definition of "tobacco products"; changes SMC 7.450-452 to include"inhalant delivery products. The proposed ordinances close the loophole that currently does not require e-cigarette vendors to obtain a city business license or pay a license fee. It is unknown how many e-cigarette retailers and e- cigarette vending machine operators would be required to obtain a license. Mayor Lundberg said the County was looking at making changes such as increasing the age of smoking to 21 years old. She asked about the status of that and other changes and if it would only apply unincorporated areas. City of Springfield Council Regular Meeting Minutes March 7,2016 Page 11 Ms. Smith said she would find out if their changes only applied to unincorporated areas of the County or to the cities as well. If it applies to the cities, she will bring it back to Council in a separate ordinance. NO ACTION REQUESTED. FIRST READING ONLY. 3. Amend Springfield Municipal Code 2.005. ORDINANCE NO. 5 —AN ORDINANCE AMENDING CHAPTER 2 "GOVERNMENT AND ADMINISTRATION" SECTION 2.005 "TERRITORY -WARDS"OF THE SPRINGFIELD MUNICIPAL CODE(SMC)TO ADOPT LEGISLATIVE CHANGES TO SIZE OF PRECINCTS (FIRST READING) Amy Sowa, City Recorder,presented the staff report on this item. Following new legislation,the Springfield Municipal Code needs to be amended to reflect new precinct assignments. In the 2015 legislative session,HB 2177 changed the maximum precinct size from 5,000 to 10,000 electors. As a result of the change in ORS 246.410,the following precincts have been combined with the highlighted number as the one retained: 4 Springfield precincts: • 2234 and 2236 • 2340 and 2342 • 2562 and 2564 • 2676 and 2678 Registered voters whose precinct number changed were mailed a new Voter Notification Card in early February to reflect their updated precinct number. The change will result in the following precinct assignments by ward: Ward 1 Precinct 2122 Ward 2 Precincts 2234, 2236.(now combined into 2234), 2238 Ward 3 Precincts 2340, 2342,(now combined into 2340), 2344 Ward 4 Precinct 2456 Ward 5 Precincts 2562, 2--%4 (now combined into 2562) Ward 6 Precincts 2676, 247-8(now combined into 2676) NO ACTION REQUESTED. FIRST READING ONLY. BUSINESS FROM THE CITY COUNCIL 1. Councilor Moore said she attended the Planning Commission meeting and was impressed with the thorough discussion concerning the marijuana ordinance. City of Springfield Council Regular Meeting Minutes March 7,2016 Page 12 Councilor Moore also attended the Economic Forecast at the Hult Center of February 29 which was very informative. 2. Councilor Woodrow said LCOG has updated their website to make it more user friendly. They are trying to make it more accessible. If anyone has concerns or questions,please let LCOG know. Councilor Woodrow acknowledged the McKenzie Cascade Dog Fancier's Club who donated $10,000 to the Springfield K9 Foundation for a future K9 partner. The check presentation was in Albany during the AKC Dog Show and Mayor Lundberg, Councilor VanGordon and Councilor Woodrow were all there for the event. The Dog Club has been supportive of the K9 program for quite some time and was excited to be able to donate those funds. Councilor Woodrow said during the Springfield Police Advisory Committee meeting, they reviewed commendations and complaints. There were eleven commendations and only one complaint which was unsubstantiated. She thanked the Police Department for the job they do. 3. Councilor Moore said the Friends of the Springfield Public Library are having a book sale this Friday and Saturday. She encouraged everyone to come out. 4. Mayor Lundberg said Springfield continues to be a leader community in Advanced Wood Products(AWP), and she plans to stay there. She is presenting to Rotary about AWP and the work being done to keep us in the forefront. In a couple of weeks, she will be attending the Mass Timber Conference in Portland and will be a presenter along with Judith Sheine from the University of Oregon. The people in the room will know as much as they do if not more. She has wooden business card to remind people that Springfield, Oregon is the leader in Advanced Wood Products. We were mentioned by Michael Green, the guru of cross laminated timber (CLT)at the Logging Conference. Mr. Green will also be presenting at the Mass Timber Conference. The School District is excited and working on curriculum for students to prepare them to go into a variety of careers involving wood products. She also noted that Roseburg Forest Products is moving their headquarters to Springfield. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 8:17 p.m. Minutes Recorder Amy Sowa f Christine L. Lundberg, A�J Mayor Attest: City Rec der