Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, May 18, 2017

AGENDA
May 18, 2017

12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon
 
 Mayor’s Youth Advisory Commission Student Government Day
 
10.    Roll Call
 
Employee Recognition
 
20.    Approval or Correction of the Minutes of the May 4, 2017 Regular Meeting
 
30.    Oral Requests and Communications from the Audience
         Comments will be limited to 4 minutes per individual, group or organization.  PLEASE SIGN IN.
 
         30.1     Landmarks & Historic Preservation Commission Awards and Update by Scott Henselman
 
40.    Consent Calendar
        
50.    Ordinances and Resolutions
 
60.    Public Hearing
60.1     COUNCIL BILL 2017-46 A resolution authorizing the City Manager to proceed with the sale of surplus City-owned real property consisting of .23 acres located on the south side of East Main Street at the intersection of Crater Lake Avenue, to Rogue Community Health.
 
70.    Council Business
             
80.    City Manager and Other Staff Reports
         80.1     Quarterly Economic Development update from SOREDI by Colleen Padilla
 
         80.2     Quarterly Financial Report by Alison Chan
 
         80.3     Council Meeting Format Change
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Kids to Parks Day – May 20, 2017
                        National Public Works Week – May 21 – 27, 2017
 
         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 4 minutes per individual, 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 4 minutes. PLEASE SIGN IN.
 
120.1   Consideration of an appeal of an administrative decision regarding the sidewalk and curb ramp fronting Wolf Run and Eagle Trace.
 
120.2   COUNCIL BILL 2017-47  An ordinance amending section 10.337 of the Medford Municipal Code to permit marijuana production, the growing of field crops, and the manufacture of sugar or confectionary products in the Heavy Commercial (C-H) zoning district. (DCA-17-014) Land Use, Legislative
 
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
May 18, 2017

12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon 
 
Mayor’s Youth Advisory Commission Student Government Day
 
The regular meeting of the Medford City Council was called to order at 12:00 noon in the Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Dick Gordon*, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski
 
City Manager Brian Sjothun; Deputy City Manager Kelly Madding; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Mayor’s Youth Advisory Commission Student:  Dylan Moncus
 
Councilmembers Kay Brooks and Tim D’Alessandro were absent.
 
*Left and returned as noted.
 
Mayor Wheeler stated that Dylan Moncus of the Mayor’s Youth Advisory Commission will be running the meeting.
 
Employee Recognition
Larry McClung was recognized for his years of service; Tom Sweeney and Sue McKenna were congratulated for their retirements.
 
20.    Approval or Correction of the Minutes of the May 4, 2017 Regular Meeting
         There being no changes, the minutes were approved as presented.
 
30.    Oral Requests and Communications from the Audience
30.1        Landmarks & Historic Preservation Commission Awards and Update by Scott Henselman
Scott Henselman, Chairman of the Landmarks & Historic Preservation, reported on their activities and awards. 
 
30.2        Matt Roberts, Cigar Cave, requested an amendment to Medford Code 5.265 for sale and use of tobacco products at certain events.
 
Councilmember Stine questioned if other cities allow this or provide exemptions; Mr. Roberts noted Portland has several grandfathered smokehouses/smoke shops, but he requested cigar sales be allowed at special events through a process similar to the sale of alcohol at special events. 
 
40.    Consent Calendar
         None.
 
50.    Ordinances and Resolutions
         None.
 
60.    Public Hearing
60.1     COUNCIL BILL 2017-46 A resolution authorizing the City Manager to proceed with the sale of surplus City-owned real property consisting of .23 acres located on the south side of East Main Street at the intersection of Crater Lake Avenue, to Rogue Community Health.
 
Deputy City Manager Kelly Madding presented the staff report. She noted our lease with Rogue Community Health expired and they would like to purchase the property.
 
Councilmember Gordon noted the required paving was part of the lease, but was not done; City Attorney Lori Cooper noted paving will be a condition of SPAC approval and is required by Code. A lease is also needed for a smaller piece of city-owned property currently used by Rogue Community Health. A cross easement for the dental office could be allowed if Council requests.
 
Public hearing opened.
 
CEO of Rogue Community Health William North noted the parking lot would be paved if necessary and outlined the services provided, including those to uninsured patients. 
 
Council and Mr. North discussed the other piece of city-owned property that Rogue Community uses for ingress/egress. Mr. North responded that it is difficult to get patients to their location, but they would like to acquire the property that the building currently is in and would work with the City on their requirements. Resources are available to pave the property that was not done.
 
Mike Boldt, 922 E. Main Street, noted he owns the property next to Rogue Community Health and his customers use the city-owned property for parking and for ingress/egress to his property.   
 
Councilmember Gordon noted he knew Dr. Boldt personally.  He questioned if Rogue Community Health and Dr. Boldt had discussed a cross easement or eliminating the Main Street driveway; Dr. Boldt responded they had not.  Councilmember Gordon questioned whether Dr. Boldt had a legal easement for this property; Dr. Boldt believed he did.  City staff was unsure and would need to verify whether it exists.
 
Staff recommended eliminating the ingress/egress on East Main, although the current issue is whether the property is surplus and the City should sell it; if the City retains it a lease should be prepared and completed as soon as possible.
 
Public hearing closed.
 
Councilmember Zarosinski questioned whether to sell both properties together; City Manager Brian Sjothun explained that Rogue Community Health contacted the City in September regarding this property purchase, but there was no policy in place and no list of surplus real property.
 
Councilmember Jackle noted a conflict of interest. 
 
Ms. Cooper explained that another public hearing is required to sell additional property as it was not noticed. 
 
Council and Ms. Madding discussed the use of tax lot 3500; as it appears to be used for a thoroughfare and a parking lot. 
 
MotionThe property identified as tax lot 3300 is deemed surplus to the City’s needs and authorize the City Manager or the City Manager’s designee to approve the sale of the property to Rogue Community Health at market value if the terms of the Council are met.  The additional terms are as follows:
 
  1. The subject property shall be paved to meet City standards for parking lots as contained in MMC Chapter 10 within twelve (12) months;
  2. The driveway access from East Main to the subject property be eliminated consistent with Public Works Department standards within 60 days of the transfer of the property;
  3. A tree preservation plan be developed and executed for the existing tree on the northwest corner of the property until such time as Rogue Community Health or their successors applies for a land use permit for future development at 900 East Main Street; and
  4. Including cross-easement for tax lot 3300 and tax lot 3200.
     
Moved byDick Gordon                                                   Seconded by:  Kim Wallan
 
Councilmember Gordon acknowledged there was another tax lot in this location and Council discussed the sale of that property.  Councilmember Wallan clarified her intention was an easement across the property; Councilmember Gordon agreed and recommended an additional cross easement as well.
 
Discussed was the notice given to the public for the sale of the property. Councilmember Gordon noted this medical facility needs to grow and this property will help facilitate that growth.
 
Roll callCouncilmembers Bearnson, Gordon, Wallan, and Zarosinski voting yes; Councilmember Stine voting no; Councilmember Jackle abstaining.
Resolution 2017-46 was duly adopted.
 
*Councilmember Gordon left the dais.
 
70.    Council Business
70.1     Councilmember Zarosinski reminded councilmembers to notify their alternate if they are unable to attend their meetings. 
 
70.2     Councilmember Zarosinski asked whether any Councilmember wished to serve on a newly formed Communications Committee to work on the City’s communications plan. Councilmember Stine volunteered to serve.
 
*Councilmember Gordon returned to the dais.
 
70.3     Councilmember Zarosinski noted concerns have been raised regarding Prescott Park and the rock quarry sharing the same road.
 
70.4     Councilmember Zarosinski questioned whether a citizen could initiate a Code amendment independently, without coming before Council.  
 
70.5     Councilmember Bearnson noted interviews were held for an appointment to the Multicultural Commission.
 
MotionAppoint Neeta Lakshmi Singh to a partial term on the Multicultural Commission, with a term ending January 31, 2018.
Moved by:    Kevin Stine                                                   Seconded by:  Michael Zarosinski
Roll Call: Councilmembers Bearnson, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
80.    City Manager and Other Staff Reports
80.1     Quarterly Economic Development update from SOREDI by Colleen Padilla
SOREDI Executive Director Colleen Padilla presented the quarterly report, noting this is their 30th year anniversary. Councilmember Zarosinski appreciated the virtual building fliers.
 
80.2     Quarterly Financial Report by Alison Chan
Finance Director Chan presented the overview of the financial report.  Councilmember Gordon questioned the cash basis and what would it look like with accruals. Ms. Chan noted a new report would be available with new software.
 
80.3     Council Meeting Format Change
Mr. Sjothun spoke regarding potentially eliminating the noon meeting and moving all Council items to evening meetings, beginning September 2017. Councilmembers noted their preferences and determined to bring this topic back during the evening meeting.
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: 
 
         This item moved to the evening session.
 
                        Kids to Parks Day – May 20, 2017
                        National Public Works Week – May 21 – 27, 2017
 
         90.2     Further Council Committee Reports:  None.
           
         90.3     Further remarks from Mayor and Councilmembers
a.   Mayor Wheeler reminded everyone of the Medford Urban Renewal Board meeting tonight at 6 p.m. and a Council meeting at 7 p.m.
 
100.  Adjournment to the Evening Session
         Council adjourned to the evening session at 1:44 p.m.
 
EVENING SESSION
7:00 P.M.
 
 
The regular evening session of the Medford City Council was called to order at 7:00 p.m. in Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Dick Gordon, Kevin Stine, Kim Wallan, Michael Zarosinski
 
City Manager Brian Sjothun; Deputy City Manager Kelly Madding; City Attorney Lori Cooper; Deputy City Recorder Winnie Shepard
 
Councilmembers Kay Brooks, Tim D’Alessandro and Tim Jackle were absent.
 
110.  Oral Requests and Communications from the Audience
         None.
 
120.  Public Hearings
120.1   Consideration of an appeal of an administrative decision regarding the sidewalk and curb ramp fronting Wolf Run and Eagle Trace.
 
Mayor Wheeler noted there was a request to continue the issue to another date, but Council could move forward if they wished; City Attorney Lori Cooper clarified that a newly retained attorney needed time to adequately represent the appellants with this issue.
 
MotionApprove the request for continue.
Moved byKim Wallan                                            Seconded by: Dick Gordon
 
Councilmember Gordon noted there may be citizens present who wished to speak on this issue; Mayor Wheeler requested feedback from the audience. No one spoke.
 
Roll callCouncilmembers Bearnson, Gordon, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Mayor Wheeler noted Agenda Item 120.1 was continued to the June 15, 2017 meeting.  
 
120.2   COUNCIL BILL 2017-47  An ordinance amending section 10.337 of the Medford Municipal Code to permit marijuana production, the growing of field crops, and the manufacture of sugar or confectionary products in the Heavy Commercial (C-H) zoning district. (DCA-17-014) Land Use, Legislative
 
Principal Planner Carla Paladino provided a staff report outlining the current zoning regulations and the proposed revisions and noted that marijuana production (growing) is currently allowed in all industrial zoning districts. 
 
  • Planning Commission vote was four approved, two opposed and one abstention.
  • Marijuana businesses need land use approval before opening
  • This revision includes vegetables and other crops as well
  • Use of pesticides within City limits should be addressed
  • Crop production could increase traffic; trucks hauling products in and out
  • Marijuana signage is allowed in commercial areas, but not items
  • Would business qualify for Exclusive Farm Use (EFU) designation
 
Public hearing opened.
 
         Councilmember Bearnson noted ex parte contact, but stated it would not impact his decision. 
 
  1. Tom Bradley, 247 Barnett Road, property owner of commercial land, encouraged this change. Mr. Bradley stated he has inspected marijuana production properties and witnessed no traffic or odor issues.He outlined the potential financial benefits from the sale of marijuana or other high‑value crops grown in these zones. 
  2. Jared Pulver, 3908 Crystal Springs Drive, a Planning Commissioner for Medford and a Commercial Real Estate Broker, spoke. He appreciated this particular situation, but did not believe that farming belonged in commercial zoning. 
  3. Trina Helfrich, Eads Investments, noted she was one of the property owners that brought the issue to the Planning Commission.She clarified that marijuana production is highly regulated by the OLCC and that the business increased security, including adding cameras.  
  4. Kyle Bosworth, tenant of Trina Helfrich at Eads Investments, spoke regarding building improvements required for marijuana production, including the air filters, controlled temperature, and the security. A proper facility would have proper ventilation to prevent odors from emanating.
  5. Dan Gilbert, Kush Gardens, stated approval of this Code benefits building owners and tenants as federal regulations made landlords unwilling to rent to marijuana retailers. Mr. Gilbert reported that the OLCC prohibited pesticide use on marijuana crops, required high ventilation in buildings and that moisture is controlled to prevent mold.
 Public hearing closed.
 
Council discussed the matter with Planning Director Matt Brinkley and Ms. Paladino, noting the following:       
 
  • Zone amendments create an “island” of different zoning which causes mismatched zoning
  • Council may not have seen many requests for this change as there is a fee to bring this issue forward
  • Revisions will allow growing in commercial zones
     
MotionAdopt the ordinance.
Moved by:   Kevin Stine                                                    Seconded by:  Clay Bearnson
 
Councilmember Stine stated this circumstance was different because of the particular circumstance.  He believed the revision allowed people to do what they wanted on their own property.  Councilmembers noted the following:
 
  • This issue is not about marijuana; it is about good planning for Medford
  • This particular space is surrounded by heavy commercial and light industrial
  • City should create a general rule
  • This particular situation is a best-use location for marijuana production
 
Roll callCouncilmembers Bearnson, Stine, Wallan, and Zarosinski voting yes; Councilmember Gordon voting no.
Ordinance 2017-47 was duly adopted.
 
130.  Ordinances and Resolutions
         None.
 
140.  Council Business
         None.
 
150.  Further Reports from the City Manager and Staff
MotionDirect staff to prepare and present the necessary code changes for Council consideration of the following:
  • Eliminate the noon meeting of the Medford City Council
  • Beginning September 7, 2017 Council meetings will be held on the first and third Thursday of each month beginning at 6 p.m., as per the schedule presented under Agenda Item 80.3 from today’s noon meeting
  • Study Sessions are to be held on the second Thursday of each month beginning at 6 p.m.
  • Additional study sessions will be scheduled for the fourth Thursday of each month, if needed
Moved byKevin Stine                                                     Seconded by:  Kim Wallan
 
Councilmember Stine noted that people are unable to serve on Council as they cannot attend noon meetings.  Council discussed the change, noting the following:
  • Length of the meetings
  • City’s visioning process included reducing meeting time
    • Limit the speaking time
    • Councilmembers should keep meetings short
    • Move time sensitive items to the beginning of the meetings
Councilmember Gordon noted that he will abstain, but thought people with families may prefer being home during the evenings.  
 
Roll callCouncilmembers Bearnson, Stine, Wallan and Zarosinski voting yes; Councilmember Gordon abstaining.
Motion carried and so ordered.
 
160.  Propositions and Remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports
a.   Councilmember Zarosinski noted the Water Commission discussed not going into debt for capital projects and maintain one year of contingency funding.  He also spoke regarding funding for the Duff II Plant and the Water Commission is considering three more years of rate increases.
 
b.   Councilmember Wallan noted there is no Cemetery Commission meeting for May, but there is an open house on Memorial Day weekend. 
 
c.   Councilmember Wallan noted she was unable to attend the SOREDI meeting in Grants Pass.  However, during the last SOREDI meeting a business needed 150 acres to bring their business to Jackson/Josephine County and there is no land available to accommodate them.  The business reduced their request to 100 acres and SOREDI was still unable to accommodate the group. 
 
d.   Councilmember Gordon noted the Rogue Valley Manor, Cascade Manor and Asante are financially able to pay their bonds.  Asante will be requesting a $100 million bond in the next few years.
 
e.   Councilmember Gordon noted the League of Oregon Cities Executive Director, Matt McCauley, was retiring August 18, 2017.
 
Councilmember Gordon stated League of Oregon Cities serves 242 cities and provides good services; Councilmembers could argue about the dues being high, but it is a good organization and deserved our support.
 
f.    Councilmember Bearnson noted the Medford Arts Commission has issued an RFP for new Police Station art.   Councilmember Bearnson recommended spending additional funding on Medford Arts. 
 
         160.2   Further remarks from Mayor and Councilmembers:  None.
 
Out of sequence.  (Item moved from the noon agenda.)
 
         90.1     Proclamations issued: 
                        Kids to Parks Day – May 20, 2017
                        National Public Works Week – May 21 – 27, 2017
 
Back in sequence.
 
170.  Adjournment
         There being no further business, this Council meeting adjourned at 8:14 p.m.
 
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, MMC
City Recorder
 

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