Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, June 21, 2018

 AGENDA
June 21, 2018

 6:00 p.m.
 Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon
 
 
10.    Roll Call
 
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
 
30.    Oral Requests and Communications from the Audience
         Comments will be limited to 4 minutes per individual, group or organization.  PLEASE SIGN IN.
 
40.    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.
 
40.1     COUNCIL BILL 2018-64 An ordinance repealing, replacing, amending, and adding various sections of Chapter 10 of the Medford Municipal Code pertaining to procedural requirements and other regulatory activities for land use to be effective July 23, 2018. Land Use, Legislative (DCA 15-088, CP 17-063)
 
            COUNCIL BILL 2018-77 An ordinance approving a minor amendment to the City of Medford Comprehensive Plan pertaining to review and amendment procedures.
 
40.2     COUNCIL BILL 2018-65 A resolution approving Substantial Amendment No. 2 to the City of Medford’s 2017-18 Action Plan for use of Community Development Block Grant funds.
 
40.3     COUNCIL BILL 2018-66 A resolution adopting the Action Plan for use of the City’s Community Development Block Grant (CDBG) funds for fiscal year 2018-19.
 
50.    Approval or Correction of the Minutes of the June 7, 2018 Regular Meeting
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-67 An ordinance awarding a contract in an amount of $227,018.00 to MIG to prepare a Self-Assessment and Transition Plan for the public right-of-way in accordance with the Americans with Disabilities Act.
 
         60.2     COUNCIL BILL 2018-68 An ordinance awarding a contract in an amount of $752,424.90 to Roxy Ann Rock, Inc. for the development of Village Center Park.
 
         60.3     COUNCIL BILL 2018-69 An ordinance authoring the purchase of Self Contained Breathing Apparatus equipment in the amount of $424,461.00 from Cascade Fire Equipment Company through the Cooperative National Purchasing Partners Program.
 
         60.4     COUNCIL BILL 2018-70 An ordinance amending sections 2.435 and 2.436 of the Medford Municipal Code pertaining to the appointment of Council liaisons and residency requirements.
 
         60.5     COUNCIL BILL 2018-71 An ordinance amending sections 2.204, 2.438, 2.461, and 2.470 of the Medford Municipal Code pertaining to the structure of membership of various Commissions.
 
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-32 - SECOND READING - An ordinance amending sections 4.405, 4.718, 4.735, 4.807, and 4.1200 of the Medford Municipal Code pertaining to Sanitary Sewer, Storm Drain, and Street Utility fees.
 
         80.2     COUNCIL BILL 2018-63 - SECOND READING – An ordinance authorizing execution of a two-year Prescott Park Road Use and Maintenance License Agreement between the City of Medford and Burl Brim Excavation, Inc., with a two-year-renewal option.
 
         80.3     COUNCIL BILL 2018-46 – SECOND READING - An ordinance authorizing execution of an Intergovernmental Agreement with Jackson County Fire District 3 for automatic aid response planning.
 
         80.4     COUNCIL BILL 2018-72 An ordinance amending section 2.439 of the Medford Municipal Code pertaining to the Housing Advisory Committee.
 
                     COUNCIL BILL 2018-73 An ordinance adding section 2.441 of the Medford Municipal Code pertaining to the Medford Community Development Grants Commission. 
 
80.5     COUNCIL BILL 2018-74 An ordinance amending sections 5.651 and 5.653 of the Medford Municipal Code pertaining to outdoor production of marijuana.
 
80.6     COUNCIL BILL 2018-75 An ordinance adding section 5.660 of the Medford Municipal Code pertaining to transportation of medical marijuana.
 
         80.7     COUNCIL BILL 2018-76 An ordinance authorizing the execution of an agreement with C.A. Galpin and Cedar Investment Group, LLC for the conveyance to the City of Medford of approximately 11.6 acres of open space and two miles of pathways within the Cedar Landing PUD.
 
90.    Council Business
         90.1     Proclamations issued:
                        Beta Sigma Phi Day – June 23, 2018
                        Parks and Recreation Month – July 2018
                        Smart Irrigation Month – July 2018
 
         90.2     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   Further reports from City Manager
 
110.  Adjournment


 
MINUTES
June 21, 2018

 6:00 p.m.
 Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon


The regular meeting of the Medford City Council was called to order at 6:00 p.m. in the Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Kay Brooks*, Tim D’Alessandro, 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
 
*Left/arrived as noted.
 
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
Employees from Police and Parks were recognized in their retirement; the longevity torch was passed to Public Works Technician Rich Sanders.
 
30.    Oral Requests and Communications from the Audience
         30.1     Mayor Wheeler presented a proclamation for Beta Sigma Phi Day – June 23, 2018.
 
         30.2     Lindsay Berryman spoke about the SPARC program for downtown, which will soon be called Downtown Medford Association, and the importance of downtown. Councilmember Brooks questioned SPARC’s thoughts of downtown public restrooms; Ms. Berryman noted that has not been brought up but she can bring that up to SPARC.
 
         30.3     Salvador Corona spoke about obstruction of justice.
 
         30.4     Robert Burstein, Rhonda Barry, and other businesses by the bottle drop off area, expressed concern with situations that are happening in their area. Mayor Wheeler stated staff will be working on the issues.
 
         30.5     Karen Campbell, a member of Compass House, talked about the importance of this organization.
 
         30.6     Randy Jones, of Mahar Jones, spoke about the Prescott Park Road Use and Maintenance License agreement.
 
         30.7     Zach Kohler and Carol Moore were in favor of the delivery of marijuana.
 
40.    Public Hearings
40.1     COUNCIL BILL 2018-64 An ordinance repealing, replacing, amending, and adding various sections of Chapter 10 of the Medford Municipal Code pertaining to procedural requirements and other regulatory activities for land use to be effective July 23, 2018. Land Use, Legislative (DCA 15-088, CP 17-063)
 
            The staff report for Council Bills 2018-64 and 2018-77 were presented by Principal Planner Carla Paladino. Councilmember Wallan questioned if Legal reviewed the changes on a line-by-line item; City Attorney Cooper noted it was reviewed. Staff presented clarification on “The Scope of Appeal”.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                          Seconded by:  Michael Zarosinski
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-64 was duly adopted.
 
            COUNCIL BILL 2018-77 An ordinance approving a minor amendment to the City of Medford Comprehensive Plan pertaining to review and amendment procedures.
           
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                          Seconded by:  Michael Zarosinski
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-77 was duly adopted.
 
40.2     COUNCIL BILL 2018-65 A resolution approving Substantial Amendment No. 2 to the City of Medford’s 2017-18 Action Plan for use of Community Development Block Grant funds.
 
            The staff report was presented by Principal Planner Angela Durant. She noted the only person that came to the office to speak about this project had wanted a tree removed for some time (the tree is not in a planter strip).  Completion of the project was discussed. Mr. Sjothun noted the direction from Council was to sell the property.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Kay Brooks                                                    Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-65 was duly adopted.
 
40.3     COUNCIL BILL 2018-66 A resolution adopting the Action Plan for use of the City’s Community Development Block Grant (CDBG) funds for fiscal year 2018-19.
 
            The staff report was presented by Principal Planner Angela Durant.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Kay Brooks                                                    Seconded by:  Dick Gordon
 
Councilmember Gordon attended the Commission meetings, noted they really did their homework and appreciated their recommendations.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-66 was duly adopted.
 
50.    Approval or Correction of the Minutes of the June 7, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
A 10 minute recess was called at 7:36 p.m. and reconvened at 7:47 p.m. with the same members present except Kay Brooks.
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-67 An ordinance awarding a contract in an amount of $227,018.00 to MIG to prepare a Self-Assessment and Transition Plan for the public right-of-way in accordance with the Americans with Disabilities Act.
 
         60.3     COUNCIL BILL 2018-69 An ordinance authoring the purchase of Self Contained Breathing Apparatus equipment in the amount of $424,461.00 from Cascade Fire Equipment Company through the Cooperative National Purchasing Partners Program.
 
Motion:  Adopt consent calendar.
Moved by:  Michael Zarosinski                                         Seconded by: Kevin Stine
*Kay Brooks arrived.
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills approved: #2018-67, 2018-69
 
70.    Items Removed from Consent Calendar
         60.2     COUNCIL BILL 2018-68 An ordinance awarding a contract in an amount of $752,424.90 to Roxy Ann Rock, Inc. for the development of Village Center Park.
 
Councilmember Bearnson requested a staff report on 60.2. Mayor Wheeler noted citizens have requested butterfly plants for that park. Parks Director Rich Rosenthal presented the staff report.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                               Seconded by:  Dick Gordon
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes; Zarosinski abstained.
Ordinance # 2018-68 was duly adopted.
 
         60.4     COUNCIL BILL 2018-70 An ordinance amending sections 2.435 and 2.436 of the Medford Municipal Code pertaining to the appointment of Council liaisons and residency requirements.
 
Councilmember Wallan requested clarification on the Urban Growth Boundary (UGB). Staff noted the ordinance is correct as there will still a UGB.
 
Motion:  Approve the ordinance with an effective date of January 1, 2019.
Moved by:  Kim Wallan                                                    Seconded by:  Tim D’Alessandro
 
Councilmember Gordon questioned when the ordinance will be effective. City Attorney Cooper noted to be precise we could add that to the motion but in general, it is for the New Year. Councilmember Brooks questioned if a student could be on other boards/commissions. Mr. Sjothun noted that will be on a future meeting.
 
Roll call:  Councilmembers Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Bearnson voting no.
Ordinance #2018-70 was duly adopted.
 
         60.5     COUNCIL BILL 2018-71 An ordinance amending sections 2.204, 2.438, 2.461, and 2.470 of the Medford Municipal Code pertaining to the structure of membership of various Commissions.
 
Councilmember Stine questioned the amount of members needed for the Cemetery Commission; Parks and Recreation Director Rosenthal was fine dropping the number down to seven, with the possibility of one being a youth member.
 
Motion:  Approve the ordinance, including modifying the number of members on the Cemetery Commission to seven members effective January 1, 2019.
Moved by:  Kevin Stine                                                    Seconded by:  Kim Wallan
Roll call:  Councilmembers D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Bearnson and Brooks voting no.
Ordinance 2018-71 will be placed for a second reading.
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-32 - SECOND READING - An ordinance amending sections 4.405, 4.718, 4.735, 4.807, and 4.1200 of the Medford Municipal Code pertaining to Sanitary Sewer, Storm Drain, and Street Utility fees.
 
Motion:  Approve the ordinance.
Moved by:  Michael Zarosinski                                         Seconded by:  Tim D’Alessandro
 
Councilmember Gordon talked about indirect costs and the history of moving Public Works from the General Fund. He also talked about the revised AIC and receiving wrong information. Councilmember Jackle talked about the difficulties of not having Public Works in the General Fund. He would like to see this looked at during the Budget process.
 
Roll call:  Councilmembers D’Alessandro, Gordon, Wallan, and Zarosinski voting yes; Brooks, Jackle and Stine voting no; Bearnson abstained.
Ordinance #2018-32 was duly adopted.
 
         80.2     COUNCIL BILL 2018-63 - SECOND READING – An ordinance authorizing execution of a two-year Prescott Park Road Use and Maintenance License Agreement between the City of Medford and Burl Brim Excavation, Inc., with a two-year-renewal option.
 
                     Parks and Recreation Director Rich Rosenthal presented the staff report noting this agreement allows them to use the road. A separate agreement pertains to the changes to the road for pedestrians, dust, etc. which can be approved by the City Manager.
 
Motion:  Approve the ordinance.
Moved by:  Kim Wallan                                                    Seconded by:  Tim D’Alessandro
 
Councilmember Jackle noted he would still like a shorter agreement.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, Wallan, and Zarosinski voting yes; Jackle voting no.
Ordinance #2018-63 was duly adopted.
 
         80.3     COUNCIL BILL 2018-46 – SECOND READING - An ordinance authorizing execution of an Intergovernmental Agreement with Jackson County Fire District 3 for automatic aid response planning.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                    Seconded by:  Kim Wallan
Roll call:  Councilmembers Bearnson, D’Alessandro, Jackle, Stine, Wallan, and Zarosinski voting yes; Brooks and Gordon voting no.
Ordinance #2018-46 was duly adopted.
 
         80.4     COUNCIL BILL 2018-72 An ordinance amending section 2.439 of the Medford Municipal Code pertaining to the Housing Advisory Committee.
 
Motion:  Approve the ordinance.
Moved by:  Kim Wallan                                                    Seconded by:  Michael Zarosinski
 
Councilmember Gordon requested a staff report; Planning Director Matt Brinkley presented the report.
A representative from a tenant organization as well as someone in the transportation industry was requested by Councilmember Brooks. Planning Director Brinkley would prefer not to expand to over nine members.

 
Amended Motion #1: Amend motion to change from two local realtors to one local realtor and one member from a tenant organization.
Moved by:  Kay Brooks                                                    Seconded by:  Clay Bearnson
 
Councilmember Stine questioned if we have tenant organizations; Councilmember Brooks noted we have at least two and there are over 200 members in one of the organizations. The responsibility of the Commission was discussed.
 
Roll call Amendment #1:  Councilmembers Bearnson, Brooks, and Stine voting yes, D’Alessandro, Gordon, Jackle, Wallan and Zarosinski voting no.
Motion failed.
 
Amended Motion #2: Amend motion to reduce the at large members from two to one, to add a member representing a tenant organization.
Moved by:  Michael Zarosinski                                         Seconded by:  Kevin Stine
Roll call Amendment #2:  Councilmembers Bearnson, Brooks, D’Alessandro, Stine and Zarosinski voting yes, Gordon, Jackle, and Wallan voting no.
Motion carried and so ordered.
 
Councilmember Gordon questioned the terms of the commissioners and how they will be filled. Mr. Brinkley noted there will be a transition from the Housing Advisory Committee and a Steering Committee and Planning Department will assist Council for recruiting.
 
Roll call on Main Motion: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Zarosinski voting yes; Wallan voting no.
Ordinance #2018-72 was duly adopted.
 
                     COUNCIL BILL 2018-73 An ordinance adding section 2.441 of the Medford Municipal Code pertaining to the Medford Community Development Grants Commission. 
 
                     Councilmember Gordon thought appointments need to be done quickly because of CDBG deadlines. Principal Planner Angela Durant suggested appointments start in October because of priorities and that the group needed to be a broader composition of the public.
 
Motion:  Approve the ordinance and direct staff to appoint via Council and Mayor those who served before October 2018, and include Council liaison and alternate to the Housing Advisory Commission interview process.
Moved by:  Mike Zarosinski                                             Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-73 was duly adopted.
 
80.5     COUNCIL BILL 2018-74 An ordinance amending sections 5.651 and 5.653 of the Medford Municipal Code pertaining to outdoor production of marijuana.
 
            Councilmember Bearnson noted he may have a potential conflict of interest but will be voting on 80.5 and 80.6.
 
Motion:  Approve Version #3 ordinance
Moved by:  Clay Bearnson                                               Seconded by: Kim Wallan
 
Mayor Wheeler remarked he is opposed to grows in residential areas and issues than can arise from them. He noted that the citizens of Medford voted down outdoor marijuana grows in residential areas. There was discussion on the appearance, security, number of plants and noise from fans.
 
Amended Motion #1: Amend ordinance to remove cannabis structure from language and allow growing inside a residence and garage as defined and garage attached to the residence.
Moved by:  Tim Jackle                                                     Seconded by: Dick Gordon
 
Councilmember Jackle noted this is a fourth amendment as this does not allow for a detached garage. Police Sgt. Lane provided information on the original ordinance and the issues with unsightly structures. Many people still consider that to be an outside grow. Mayor Wheeler stated his issues and talked about vetoing the ordinance.
 
Motion to end debate called and passes.
 
Roll call on Amended Motion #1:  Councilmembers Gordon and Jackle voting yes; Bearnson, Brooks, D’Alessandro, Stine, Wallan, and Zarosinski voting no.
Motion fails.
 
Amended Motion #2: Amend Version #3 to remove plastic sheeting from definition of cannabis structure and replace with corrugated plastic or polycarbonate siding.
Moved by:  Kay Brooks                                                    Seconded by: Clay Bearnson
Roll call on Amended Motion #2:  Councilmembers Bearnson, Brooks, Stine and Wallan voting yes; D’Alessandro, Gordon, Jackle and Zarosinski voting no. Mayor Wheeler breaks the tie vote by voting no.
Motion fails.
 
Roll call on Main Motion:  Councilmembers Bearnson, Brooks, and Stine voting yes; D’Alessandro, Gordon, Jackle, Wallan and Zarosinski voting no.
Ordinance #2018- 74 Version #3 failed.
 
Motion: Approve Version #2 ordinance to include addition of attached garage.
Moved by:  Michael Zarosinski                                         Seconded by: Dick Gordon
 
Chief Sparacino stated there are differences in charges for an attached or unattached garage (burglary #1 vs. burglary #2 charges).
 
A 10 minute recess was called at 9:56 p.m. and reconvened at 10:06 p.m. with the same members present.
 
A motion was made to continue the meeting to 10:30 p.m. and was passed.
 
Amended Motion: Amend motion to include preexisting structures at the time of this ordinance.
Moved by:  Kay Brooks                                                    Seconded by: Clay Bearnson
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan and Zarosinski voting yes.
Motion carried and so ordered.
 
Roll call on Main Motion:  Councilmembers Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan and Zarosinski voting yes; Bearnson voting no.
Motion carried and so ordered.
 
80.6     COUNCIL BILL 2018-75 An ordinance adding section 5.660 of the Medford Municipal Code pertaining to transportation of medical marijuana.
 
Motion:  Approve Version #3 ordinance.
Moved by:  Clay Bearnson                                               Seconded by:  Kay Brooks
 
Council discussed transportation of medical and recreational marijuana. Mayor Wheeler presented his concerns with version #3, which is delivery of both medical and recreational. He was unsure at this time if he would veto.
 
Roll call:  Councilmembers Bearnson, Brooks, Gordon, Stine, and Wallan voting yes, D’Alessandro, Jackle and Zarosinski voting no.
Ordinance #2018-75 was duly adopted.
 
         80.7     COUNCIL BILL 2018-76 An ordinance authorizing the execution of an agreement with C.A. Galpin and Cedar Investment Group, LLC for the conveyance to the City of Medford of approximately 11.6 acres of open space and two miles of pathways within the Cedar Landing PUD.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                               Seconded by:  Kim Wallan
 
Councilmember Gordon questioned what happens after the 15 years ends in the agreement. Attorney Dan O’Connor, representing the City, noted there is a statute of a 15 year time limit pertaining to these types of agreements.
 
*Councilmember Brooks left and returned.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-76 was duly adopted.
 
A motion was made to extend the meeting to 10:50 p.m. Motion passed.
 
90.    Council Business
         90.1     Proclamations issued:
                        Beta Sigma Phi Day – June 23, 2018
                        Parks and Recreation Month – July 2018
                        Smart Irrigation Month – July 2018
 
         90.2     Committee Reports and Communications
                     a.   Councilmember Zarosinski stated that Councilmember Gordon had requested the utility bill be separated out according to the fees. Council agreed.
 
                     b.   Councilmembers Gordon and Wallan interviewed Shane Sevcik and Roberta Thornton for the Hospital Facilities Authority Board.
 
Motion:  Appoint Shane Sevcik to the Hospital Facilities Authority Board with a term expiring January 31, 2023.
Moved by:  Kim Wallan                                                    Seconded by:  Dick Gordon
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
100.  City Manager and Staff Reports
         100.1   Further reports from City Manager
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 10:42 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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