Agenda & Minutes

When available, the full agenda packet may be viewed as a PDF file by clicking the "Attachments" button and selecting the file you want to view.

Agendas are posted until the meeting date takes place.  Minutes are posted once they have been approved.

Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, October 01, 2015

Agenda
October 1, 2015

12:00 Noon & 7:00 p.m. 
Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon
10.    Roll Call
 
McLoughlin Middle School Students of the Month
 
20.    Approval or correction of the minutes of the September 17 regular meeting
 
30.    Oral requests and communications from the audience
         Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization.  PLEASE SIGN IN.
 
40.    Consent calendar
        
50.    Items removed from consent calendar
 
60.    Ordinances and resolutions
         60.1     SECOND READING. COUNCIL BILL 2015-99 An ordinance authorizing execution of an amendment to the Construction Manager/General Contractor contract with Adroit Construction for a new police station and secured parking structure.
        
         60.2     COUNCIL BILL 2015-100 A resolution adopting the third Supplemental Budget for the 2015-17 biennium.
 
         60.3     COUNCIL BILL 2015-101  An ordinance authorizing execution of an Agreement between the City of Medford and Teamsters Local 223/Medford Municipal Mechanics Association concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2014, through June 30, 2018.
 
         60.4     COUNCIL BILL 2015-102 An ordinance amending Section 7.023 of the Medford Code pertaining to a Modification of the Oregon Fire Code 2014 Edition.
 
         60.5     COUNCIL BILL 2015-103 An ordinance authorizing execution of a Memorandum of Understanding with the Bureau of Indian Affairs (BIA) to define the respective roles of the City and the BIA in the preparation of the Economic Impact Statement.
 
         60.6     COUNCIL BILL 2015-105 An ordinance authorizing the purchase of six new police patrol vehicles in the amount of $193,691.86 from Wire Works, LLC.
        
70.    Council Business
              
80.    City Manager and other staff reports
         80.1     Capital Improvement Projects Update by Greg McKown
 
         80.2     Quarterly Financial Report by Alison Chan
 
         80.3     Further reports from City Manager
 
90.    Propositions and remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                                    Fire Prevention Week – October 4-10, 2015
                                    Glen E. Guttormsen Day – October 4, 2015
                                    Great Oregon Shakeout Day – October 15, 2015
                                    National Community Planning Month – October, 2015
 
         90.2     Further Council committee reports
           
         90.3     Further remarks from Mayor and Councilmembers
 
100.  Adjournment to the evening session
 
EVENING SESSION
7:00 P.M.
Roll call
 
110.  Oral requests and communications from the audience
Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization.  PLEASE SIGN IN.
 
120.  Public hearings
Comments are limited to a total of 30 minutes for applicants and/or their representatives.  You may request a 5-minute rebuttal time.  Appellants and/or their representatives are limited to a total of 30 minutes and if the applicant is not the appellant they will also be allowed a total of 30 minutes.  All others will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. PLEASE SIGN IN.
120.1      CONTINUED. Consideration of a proposed Comprehensive Plan/Urban Growth Boundary Amendment affecting the General Land Use Plan (GLUP) map, the Medford Street Functional Classification Plan of the Transportation Element, and portions of the text of both the Urbanization and GLUP Elements.
120.2      COUNCIL BILL 2015-104 An ordinance amending Sections 10.012 and 10.337 of the Medford Code and replacing Section 10.839 pertaining to marijuana products and related businesses effective November 1, 2015. (DCA-15-104).
130.  Ordinances and resolutions
        
140.  Council Business
 
150.  Further reports from the City Manager and staff
 
160.  Propositions and remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports
                            
         160.2   Further remarks from Mayor and Councilmembers
 
170.  Adjournment

                                        
Minutes
October 1, 2015

12:00 Noon & 7:00 p.m. 
Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon

The regular meeting of the Medford City Council was called to order at 12:00 noon in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Chris Corcoran, Dick Gordon, Kevin Stine, Michael Zarosinski
                                  
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Councilmembers Tim Jackle and Eli Matthews were absent.
 
McLoughlin Assistant Principal Rick Parsagian introduced the students of the month and updated the Council regarding school events.
 
20.    Approval or correction of the minutes of the September 17 regular meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.    Oral requests and communications from the audience
30.1     Vince Ceriello, representing Medford Senior Center, provided a history of the center before speaking about their increased membership, the services the Center provides and their fundraising efforts.
 
Councilmembers Corcoran and Gordon thanked Mr. Ceriello and the volunteers for serving at the Medford Senior Center. Councilmember Gordon requested the ownership information for Medford Senior Center and noted his preference that it “fall under” City of Medford’s Parks & Recreation Department, if City-owned.
                                                                                           
40.    Consent calendar
None.
 
50.    Items removed from consent calendar
         None.
 
60.    Ordinances and resolutions
60.1     SECOND READING. COUNCIL BILL 2015-99 An ordinance authorizing execution of an amendment to the Construction Manager/General Contractor contract with Adroit Construction for a new police station and secured parking structure.
 
Facilities and Project Manager Greg McKown presented an update on the police station construction and requested an amendment to the Adroit contract for total construction costs not to exceed $19,645,601.
 
Council discussed the fixtures, furniture and equipment cost as well as staff efforts to reduce costs. The project is expected to be completed the first week of October next year. 
 
Motion: Approve the ordinance authorizing amendment of the not to exceed CMGC contract with Adroit Construction, Inc. and acceptance of the construction GMP in the amount of $19,645,601.
Moved by:  Daniel Bunn                                                      Seconded by: Chris Corcoran 
Roll call:  Councilmembers Bunn, Corcoran, Bearnson, Gordon, Stine, and Zarosinski voting yes.
Ordinance #2015-99 was duly adopted.
        
60.2     COUNCIL BILL 2015-100 A resolution adopting the third Supplemental Budget for the 2015-17 biennium.
 
Motion:  Approve the resolution as outlined in the attached exhibit.
Moved by:  Michael Zarosinski                                            Seconded by:  Clay Bearnson
Roll call:  Councilmembers Zarosinski, Bearnson, Bunn, Corcoran, Gordon, and Stine voting yes.
Resolution #2015-100 was duly adopted.
 
60.3     COUNCIL BILL 2015-101  An ordinance authorizing execution of an agreement between the City of Medford and Teamsters Local 223/Medford Municipal Mechanics Association concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2014, through June 30, 2018.
 
Motion:  Approve the ordinance authorizing the agreement with Teamsters Mechanics.
Moved by:  Kevin Stine                                                       Seconded by:  Michael Zarosinski
 
Councilmember Bearnson questioned why the contracts were retroactive and how it could be prevented; Human Resource Director Mike Snyder noted negotiation processes may extend as the agreement terms are determined.
 
Roll call:  Councilmembers Stine, Zarosinski, Bearnson, Bunn, Corcoran, and Gordon voting yes.
Ordinance #2015-101 was duly adopted.
 
60.4     COUNCIL BILL 2015-102 An ordinance amending Section 7.023 of the Medford Code pertaining to a Modification of the Oregon Fire Code 2014 Edition.
 
Ms. Cooper noted a minor revision to the ordinance wherein the word “reports” was removed before the phrase “in the manner specified”.
 
Motion:  Approve the ordinance amending Section 7.023 of the Medford Municipal Code per the Fire Department’s recommendation.   
Moved by:  Clay Bearnson                                                 Seconded by:  Daniel Bunn
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Stine, and Zarosinski voting yes.
Ordinance #2015-102 was duly adopted.
 
60.5     COUNCIL BILL 2015-103 An ordinance authorizing execution of a Memorandum of Understanding (MOU) with the Bureau of Indian Affairs (BIA) to define the respective roles of the City and the BIA in the preparation of the Economic Impact Statement (EIS).
 
Councilmembers Bunn and Gordon questioned the necessity of the MOU, because the EIS statement should be released shortly. Ms. Cooper explained that cities and counties with a MOU may have a more involved status than a general member of the public, because they represent large groups of people. In addition, it could solidify our participation and bolster our position in the future.
 
Councilmember Gordon was very concerned the public may believe the City had input in this decision. He spoke directly to the public, advising the City had no control regarding whether the Coquille Tribe is able to obtain trust land in Medford. If the federal government allows the Tribe to obtain trust land, the City could only stop it by filing a lawsuit and suing the federal government.  Councilmember Gordon advised the City has had little to no say in this situation. If the federal government approves the land trust, the property will basically be an independent nation. The City would have very little control over the activities within its boundaries. Any structures would not have to pass our planning or building requirements, or pay any assessments for City services, unless they opted to pay them. By approving and signing this MOU, the City is only attempting to have some input. Councilmember Bearnson and Mayor Wheeler agreed with Councilmember Gordon’s statements.
 
Motion:  Approve the ordinance authorizing execution of a Memorandum of Understanding with the Bureau of Indian Affairs.
Moved by:  Clay Bearnson                                                 Seconded by: Daniel Bunn
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Stine, and Zarosinski voting yes.
Ordinance #2015-103 was duly adopted.
                    
60.6     COUNCIL BILL 2015-105 An ordinance authorizing the purchase of six new police patrol vehicles in the amount of $193,691.86 from Wire Works, LLC.
 
Councilmember Gordon asked whether the purchase could be delayed until the police station’s actual overage is known. Police Chief George explained the importance of the vehicles as the Police Department delivers services through driving.
 
Council discussed the purchase, including the vehicle rotation procedure and replacement determination.
 
Motion:  Adopt the resolution authorizing the purchase of six patrol cars from Wire Works, LLC.   
Moved by:  Daniel Bunn                                                      Seconded by: Kevin Stine 
 
Council discussed the City’s budget and spending habits.
 
Roll call:  Councilmembers Bunn, Stine, Bearnson, Corcoran, Gordon, and Zarosinski voting yes.
Ordinance #2015-105 was duly adopted.
        
70.    Council Business
70.1     Councilmember Bunn noted a change in the Council’s editorial article schedule in the Mail Tribune. 
 
70.2     Councilmember Bunn stated the Hospital Facilities Board would like to change our Municipal Code to expand their residency requirement to include Jackson County, and eliminating the two sequential term limit.
 
Councilmembers Gordon and Corcoran, both of whom serve on the Board, offered differing opinions; Councilmember Gordon recommended no changes and Councilmember Corcoran recommended the revision. Councilmember Gordon requested that only one member be a resident of Jackson County.
 
         Councilmember Bunn requested a draft ordinance accepting the request. 
 
         70.3     Procurement Guidance on City Manager Recruitment
                     Councilmember Bunn noted that this will be discussed at today’s study session.
 
80.    City Manager and other staff reports
80.1     Capital Improvement Projects Update by Greg McKown
Facilities & Project Manager Greg McKown provided an update on various cost reductions on the fire station projects.
 
Mr. Hoke asked for Council direction regarding how to proceed. After Council discussion, Mayor Wheeler recommended beginning stations two and four and a redesign of station three.
 
Motion:  Move forward with the actual construction for Fire Stations #2 and #4 at this time.
Moved by:  Dick Gordon                                                        Seconded by:  Daniel Bun
Roll call:  Councilmembers Gordon, Bunn, Bearnson, Corcoran, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
80.2    Quarterly Financial Report by Alison Chan
           Item postponed due to length of meeting.
 
80.3     Further reports by City Manager
           None.
 
100.     Adjournment to the evening session
  Council adjourned to the evening session at 1:53 p.m.
 
 
EVENING SESSION
7:00 P.M.
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Chris Corcoran, Dick Gordon, Tim Jackle, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; Deputy City Attorney Kevin McConnell, City Recorder Karen Spoonts
 
Councilmember Eli Matthews was absent.
 
110.  Oral requests and communications from the audience
None.     

120.  Public hearings
Mayor Wheeler noted City Council received more than 1,000 pages of exhibits to date and a study session may be scheduled.

120.1      CONTINUED. Consideration of a proposed Comprehensive Plan/Urban Growth Boundary (UGB) Amendment affecting the General Land Use Plan (GLUP) map, the Medford Street Functional Classification Plan of the Transportation Element, and portions of the text of both the Urbanization and GLUP Elements.

Councilmembers Bunn and Corcoran recused themselves.

Principal Planner John Adam advised that Planning Department staff recommended a revision adding 43 acres to the UGB, because of unusable lands.  This addition would contain 19 acres of low density residential, 11 acres of high density residential, 8 acres of commercial and 6 acres of office commercial.

Mr. Adam spoke of two letters from ODOT, noting the concept plan was approved by the Metropolitan Planning Organization’s Policy Committee and that staff requested additional information from ODOT before responding. A draft Functional Transportation Amendment map is being prepared, outlining the collector and arterial streets.  It will not be finalized until the UGB’s boundary is determined and will be an extension of the Transportation System Plan (TSP).  Public Works Director Cory Crebbin noted the map is conceptual, but will provide a general outline.  When the TSP is updated, it will be submitted to the Council and will be part of the Comprehensive Plan.  
 
Fire Chief Fish explained the evacuation plan for the east Medford hillside. The plan included two evacuation routes, new posted signage, new building codes, and forms of notification. The Fire Department will rely on Medford Police and other enforcement to help with evacuations. Notification is the key to getting people out.

Mr. Adam discussed the process for meeting the 6.6 units per acre density commitment, the Starlite/Myers Lane area’s request for exclusion from annexation, and the City’s industrial land calculation.

Councilmember Gordon requested the Planning Commission take a look at PUDs. 

Mayor Wheeler discussed a letter from Perkins Coie stating the City could have a binding commitment. Mr. McConnell recommended a review of the conceptual land use method used by other cities, their success and deed restriction examples.
 
A study session has been tentatively scheduled for October 22 at 6:00 p.m.

Councilmembers Bunn and Corcoran rejoined Council.

120.2      COUNCIL BILL 2015-104 An ordinance amending Sections 10.012 and 10.337 of the Medford Code and replacing Section 10.839 pertaining to marijuana products and related businesses effective November 1, 2015. (DCA-15-104).

Planning Director Jim Huber noted the proposal’s purpose is to adopt regulations to control negative effects/externalities from marijuana-based businesses.  Planning staff identified six different types of businesses, including production, processing, wholesale, and retail, laboratory and dispensaries. Zoning determinations included restricting marijuana‑related businesses in residential zones, prohibiting grow sites, production, processing, storage or sales outdoors, and regulating odor and glare control.  Mr. Huber advised that marijuana-related dispensaries and retail businesses will not be permitted within a 1000 foot area around schools or within 1000 feet of each other, per state law.  The Planning Commission recommends an unfavorable recommendation of the time, place and manner restrictions until after the OLCC makes a final regulation.

Councilmember Bearnson questioned the reason for the Conditional Use Permit (CUP) for retail businesses and the time period for appeals.  Mr. Huber explained a CUP provides more control, but the requirement could be revised.  The appeal process should not take years.

Mr. McConnell noted, among other things, that if the zone text amendment is approved and effective on November 1, 2015, medical marijuana dispensaries would be permitted to sell a limited retail marijuana product. He also explained that passing this ordinance would remove the moratorium as of the date specified.

Councilmember Bearnson left at 8:27 p.m. and returned at 8:29 p.m.

Councilmember Bearnson suggested the Council consider moving the effective date of the ordinance from November 1, 2015 to December 1, 2015 which would be closer to the OLCC’s determination. 

Police Lt. Kevin Walruff advised that OLCC’s rules may be more restrictive regarding time, place, and manner, but any changes implemented by Council should hold up.  The OLCC is also drafting regulations for labs, packaging, amounts, labeling, dispensing and locating.

Public hearing opened.
 
William Mansfield, P.O. Box 1721, Medford, clarified that he was speaking as a citizen and only as a citizen. He voiced concerns regarding marijuana distribution and sales in Medford and supported more restrictions, neighbor notification, a CUP and also requested the matter go to a citizen vote. Councilmember Bearnson asked whether Mr. Mansfield supported a CUP just to delay operation of the business; Mr. Mansfield stated all of his comments were to impair the operation of marijuana-related businesses in Medford.

Councilmember Bearnson noted his potential conflict of interest in this matter.

Public hearing closed.

Motion #1:  Adopt the ordinance as recommended by planning staff, with an effective date of December 1, 2015.   
Moved by:  Clay Bearnson                                                 Seconded by:  Kevin Stine
 
Councilmember Bearnson did not agree with the CUP and outlined his reasoning. Councilmembers Jackle, Corcoran and Zarosinski preferred to wait for OLCC determination before voting.
 
Motion #2: Amend the motion to include language that the City of Medford will opt out of early recreational marijuana sales. 
Moved by: Michael Zarosinski                                             Seconded by:  Kevin Stine
 
Councilmember Zarosinski clarified his intention was to postpone recreational sales until the OLCC rules were established.
 
Mr. McConnell advised that Senate Bill 460 would allow the sale of limited retail marijuana product along with medical marijuana.  However, the Council could opt out of those recreational sales through December 31, 2016 without taking the issue to the voters, by adopting an ordinance.
 
Motion #2 roll call:  Councilmembers Bunn, Gordon, Stine, and Zarosinski voting yes; Councilmembers Bearnson, Corcoran, and Jackle voting no.
Motion carried and so ordered.
 
Mayor Wheeler stated that Council would now vote on the amended main motion, to adopt the Planning Commission’s recommendation removing the conditional use process, but including Senate Bill 460’s language to delay the retail sales. 
 
Motion #3:  Amend the amendment’s date from December 1, 2015 to November 1, 2015. 
Moved by: Kevin Stine                                                        Seconded by: None.
Motion died for a lack of a second.
 
Mayor Wheeler asked for Council to vote on the original motion with Councilmember Zarosinski’s amendment.
 
Motion #1 roll call:  Councilmembers Bearnson, Bunn, Corcoran, Stine, and Zarosinski voting yes; Councilmembers Gordon and Jackle voting no.
Motion will go to a second reading.
 
Councilmember Gordon requested the updated ordinance include the time, place and manner language.   Mr. McConnell recommended including the hours of operation in the ordinance. 
 
Councilmember Bearnson reminded Council about the 3% tax out to the voters, creating a business license and recommended creating a business license index with information on gross revenues.  Mr. McConnell stated he could come back with a 3% tax on marijuana retailers and medical marijuana dispensaries.
 
Motion: Staff to prepare an ordinance referring to voters a 3% tax on marijuana sales and repealing existing marijuana taxes.
Moved by: Daniel Bunn                                                           Seconded:  Chris Corcoran
After Council discussion, Councilmember Bunn withdrew the motion.
 
130.  Ordinances and resolutions
         None.
 
140.  Council Business
Councilmember Bunn provided a status on the Request for Qualifications (RFQ) for the City Manager hiring process. 
 
Motion: Declare that the price informality is minor and we should move forward with all six submissions.
Moved by:  Kevin Stine                                                       Seconded by:  Dick Gordon
Roll call:  Councilmembers Bunn, Stine, Gordon, Bearnson, Jackle voting yes; Councilmembers Corcoran, Zarosinski voting no.
Motion carried and so ordered.
 
Councilmember Bunn clarified that we now had six applicants for the RFQ. 
 
Motion #1:  Authorize the Mayor to appoint an Ad Hoc Committee to review and comment on the RFQ applicants.
Moved by:  Daniel Bunn                                                      Seconded by:  Chris Corcoran
 
Motion #2:  Amend to use the same Ad Hoc Committee.
Moved by:  Dick Gordon                                                     Seconded by:  None.
 
Mayor Wheeler advised that he intended to use the same members, if they were interested and available; Councilmember Gordon withdrew his motion. 
 
Motion #3:  The full Council and Mayor will conduct the scoring.
Moved by:  Dick Gordon                                                     Seconded by:  None.
Motion failed due to lack of a second.
 
Councilmembers discussed the scoring process, noting the Ad Hoc Committee would review applicants and provide a recommendation, but the Council would have final approval.
 
Motion #1 roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Stine, and Zarosinski voting yes.
 
150.  Further reports from the City Manager and staff
None.
 
160.  Propositions and remarks from the Mayor and Councilmembers
160.1 Further Council committee reports
         None.
 
160.2 Further remarks from Mayor and Councilmembers
         Proclamations issued:
Fire Prevention Week – October 4-10, 2015
Glen E. Guttormsen Day – October 4, 2015
Great Oregon Shakeout Day – October 15, 2015
National Community Planning Month – October, 2015
 
Mr. Hoke noted the Fire Department’s Station 5 open house is Saturday from 1 - 4:00 p.m.
 
170.  Adjournment
 
The proceedings of the City Council meeting were recorded and are filed in the City Recorder's office. The complete agenda of this meeting is filed in the City Recorder's office.
 
 
 
Karen M. Spoonts
City Recorder

© 2017 City Of Medford  •  Site By Project A

Quicklinks

Select Language

Share This Page

Back to Top