Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, July 19, 2018

AGENDA
July 19, 2018

 6:00 p.m.
 Medford City Hall, Council Chambers
411 W. 8th Street, Medford, Oregon
 
 
10.    Roll Call
 
20.    Recognitions, Community Group Reports
         20.1    Employee Recognition
 
         20.2    Medford Kiwanis Club Playground Check Presentation
 
         20.3    Friends of Medford Parks and Recreation Awards
 
         20.4    Quarterly Travel Medford Update by Eli Matthews
 
         20.5    ACCESS Shelter Update by Pam Norr
 
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     Consideration of an appeal of an administrative decision regarding the defective sidewalk at 1405 Oleander Street and 1701 Covina Avenue.
 
         40.2     Consideration of an appeal of an administrative decision regarding a Street Tree Permit decision for 1309 Alex Way.
 
         40.3     Consideration of an appeal of an administrative decision regarding the defective sidewalk at 714 Palm Street.
 
         40.4     Consideration of an appeal of the Planning Commission decision to approve the modification of a Conditional Use Permit to allow a “firewood ministry” at Westminster Presbyterian Church located at 2000 Oakwood Drive.
 
50.    Approval or Correction of the Minutes of the July 5, 2018 Regular Meeting
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-84 A resolution granting the property owner of 602 S. Central Avenue a six-month extension to complete hazardous sidewalk repairs.
 
         60.2     COUNCIL BILL 2018-85 A resolution reversing the Park and Recreation Director’s Street Tree Permit decision denying the removal of a tree and the tree well located at 101 N. Central Avenue, adjacent to Central Art Supply.
 
         60.3     COUNCIL BILL 2018-86 An ordinance amending sections 10.108, 10.110, 10.124, 10.142, 10.182, 10.200, repealing sections 10.111, 10.161, 10.224-1, 10.295, and adding section 10.185 of the Medford Municipal Code to clarify sections pertaining to the Public Parks zoning district and procedural requirements for land use.
 
         60.4     COUNCIL BILL-2018-87 An ordinance authorizing execution of two quitclaim deeds to release City interest in property impacted by the Oregon 62 Expressway Project adjacent to airport property.
 
         60.5     COUNCIL BILL 2018-88 An ordinance authorizing execution of an Agreement between the City of Medford and Teamsters Local 223 representing Water Reclamation Division Operators and Laborers concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2018, through June 30, 2020.
                               
         60.6     COUNCIL BILL 2018-89 An ordinance authorizing execution of an Agreement between the City of Medford and Teamsters Local 223 representing Medford Municipal Mechanics concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2018, through June 30, 2020.
 
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-90 An ordinance repealing sections 2.428 2,429, adding sections 2.451, 2.452, 2.454, and 2.457 of the Medford Municipal Code to create a Transportation Commission and alter other transportation related committees to be effective January 1, 2019.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     RVTD Funding via MPO
 
         90.3     Arts Commission Appointment
 
         90.4     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   Further reports from City Manager
 
110.  Adjournment

MINUTES
July 19, 2018

 6:00 p.m.
 Medford City Hall, Council Chambers
411 W. 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, Kevin Stine, Kim Wallan; Councilmembers Tim Jackle and Michael Zarosinski were absent.
 
City Manager Brian Sjothun; Deputy City Manager Kelly Madding; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
*Councilmember Brooks arrived.
                     Employees from Muni and Police were recognized for their years of service.
 
         20.2     Medford Kiwanis Club Playground Check Presentation
Medford Kiwanis presented a check in the amount of $5,000 to the City of Medford for the Olsrud Family Community Playground.
 
         20.3     Friends of Medford Parks and Recreation Awards
  Parks and Recreation Director Rich Rosenthal presented Friends of Parks and Recreation awards for the following categories: Individual - Dan O’Connor; Business – Soccer Post, Cheryl and Christopher Rose; Community Service - Medford Rogue Rotary Club; Youth – Medford United Football Club; Youth Individual – Cameron Gratta.
 
         20.4     Quarterly Travel Medford Update by Eli Matthews
Eli Matthews of Travel Medford presented the quarterly Travel Medford update. He also provided information on Travel Southern Oregon and the impacts of wildfire to our region.
 
         20.5     ACCESS Shelter Update by Pam Norr
Pam Norr of ACCESS provided an update on a future homeless shelter for our community.
 
30.    Oral Requests and Communications from the Audience
         30.1     Bob Shand thanked staff for various issues and suggested the new MURA director be added to the City’s website.
 
         30.2     Leticia Gonzalez and Cesar Flores both spoke about the homeless issues.
                    
40.    Public Hearings
40.1     Consideration of an appeal of an administrative decision regarding the defective sidewalk at 1405 Oleander Street and 1701 Covina Avenue.
 
Acting Public Works Director Alex Georgevitch presented the staff report. He stated there is a revised motion.
 
Public hearing opened.
 
Mayor Wheeler stated the applicant of 1405 Oleander Street was not able to attend but would like an extension of time.
 
Jennifer Pell, 1701 Covina Avenue, stated a tree from the neighbor’s property lifted the sidewalk on her property. There is very little of the sidewalk that is on her side of the property. They are willing to help get the sidewalk fixed.
 
Councilmember Wallan stated Ms. Pell would have to be on more than 50% of the neighbor’s property in order to fix the sidewalk. Mr. Georgevitch noted it is the public right-of-way so there is no trespassing involved. He had discussed this with the Legal Department where they came up with a 50/50 motion.
 
Public hearing closed.
 
Councilmember Bearnson questioned the 18% interest rate; City Manager Sjothun noted it is in our Municipal Code and the City Recorder has the option to reduce the interest rate.
 
Motion:  Direct staff to implement a 50/50 cost share for the defective sidewalk panel that splits the property line, provide six months to complete sidewalk repairs, and if the property owners elect to have the City complete the work, they can negotiate with the City Recorder on the interest rate for the defective sidewalk at 1405 Oleander Street and 1701 Covina Avenue.
Moved by: Tim D’Alessandro                                           Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, and Stine voting yes; Brooks and Wallan voting no.
Motion carried and so ordered.
 
         40.2     Consideration of an appeal of an administrative decision regarding a Street Tree Permit decision for 1309 Alex Way.
 
                     City Arborist Adam Airoldi presented the staff report. It was suggested that Parks work with Community Relations Coordinator Kristina Johnsen to provide information to the public on how to properly take care of the trees to prevent root problems. It was stated root pruning would be about $300-400.
 
Public hearing opened.
 
Cathie Roemmich, speaking on behalf of William and Victoria Bright, stated the property owners would like to replace the tree as it was not planted deep enough. These are tap roots, and if you cut them, the tree could die. The Bright’s did purchase a permit to either cut the roots or put a new tree in.
 
Public hearing closed.
 
Councilmember Stine questioned if that neighborhood has the same trees; Mr. Airoldi noted there are several species in this subdivision. Councilmember D’Alessandro stated he lives in this area and surface roots are an issue in this neighborhood. He agreed that the citizens need to be alerted on proper care of trees.
 
Motion: Allow the homeowner to remove and replace the tree that is causing the problem according to City standards.
Moved by:  Kim Wallan                                                    Seconded by:  Tin D’Alessandro
 
Councilmember Brooks noted she will not be supporting the motion as her Google search stated this tree should not have root issues.
 
Roll call:  Councilmembers D’Alessandro, Gordon, and Wallan voting yes; Bearnson, Brooks, and Stine voting no. Mayor Wheeler voted yes.
Motion carried and so ordered.
 
         40.3     Consideration of an appeal of an administrative decision regarding the defective sidewalk at 714 Palm Street.
 
                     Mr. Georgevitch presented the staff report.
 
Public hearing opened.
 
Wendy Roberts, 714 Palm Street, thought the neighbor should replace the sidewalk, as they had a tree removed several years ago which damaged the sidewalk. She noted the tree was in the neighbor’s planter strip and caused significant damage to her landscaping. She had talked to the neighbor about this but nothing has been resolved.
 
Public hearing closed.
 
Staff was unaware if a permit was obtained to take down the tree.
 
Motion:  Deny the sidewalk appeal at 714 Palm Street.
Moved by:  Dick Gordon                                                  Seconded by: Tim D’Alessandro
 
Councilmember Gordon stated Ms. Roberts needs to consult with legal counsel as this is not something Council can determine.
 
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Stine, and Wallan voting yes; Brooks voting no.
Motion carried and so ordered.
 
         40.4     Consideration of an appeal of the Planning Commission decision to approve the modification of a Conditional Use Permit to allow a “firewood ministry” at Westminster Presbyterian Church located at 2000 Oakwood Drive.
 
                     Planning Director Matt Brinkley presented the staff report. Councilmember Stine questioned the amount of money needed to file the appeal; staff noted it was about $200.
 
Public hearing opened.
 
Susan Lee, 34 Glen Oak Court, stated she is opposed to the wood pile in a residential neighborhood. She noted the church stated they cannot afford a fence to hide the woodpile. She further provided other concerns, such as rats, increase in wood lot operation, Planning Commission’s denial of requiring rodent control, her issues not addressed with the Planning Commission, and bias to the church.
 
Councilmember Gordon questioned her contact with the church; she noted she contacted Code Enforcement. She also met with the pastor but did not know the governing board. He did not support staff’s contention because she did not submit what Planning noted.
 
Doug Schmor, 201 W. Main, stated he is a member of the church in question, and noted this is not the time to discuss new evidence. The only legal issue he saw was the question of whether or not a woodpile ministry can be operated as part of an accessory use. He noted there was evidence in the record of the primary residence of use. He submitted an analysis of legal cases which he will be submitting pertaining to accessory use.
 
Jay Harland, CSA Planning, provided information on the Planning Commission’s decision and comments on the record.  The Planning Commission had provided information on the public benefit.
 
Ms. Lee stated the reference code the applicant provided does not seem appropriate. All other activities provided by the church is stated in the code, except the woodpile.
 
Councilmember Stine stated he does not see any way we can reverse the code. Ms. Lee thought they needed to provide impacts and not limit future growth.
 
Mr. Schmor noted there is an application for the Conditional Use Permit. Pertaining to size of the project, the record does have evidence that the church will not grow the woodpile beyond a third of an acre. Council could add that as a condition and the church would be fine with that.
 
Ken Newcomb, member of the Westminster Presbyterian Church, stated there was a decision made where one person in the room does not agree with it. Unfortunately, you can’t please everyone all of the time.
 
Public hearing closed.
 
Motion:  Affirm the decision of the Planning Commission.
Moved by: Kevin Stine                                                     Seconded by:  Dick Gordon
 
Councilmember Stine and Gordon found substantial evidence to support the Planning Commission. Councilmember Gordon noted there are handouts that have not been read by Council. Attorney Cooper noted she did not believe it was necessary for them to be reviewed before voting.
 
Councilmember Wallan stated she is an Elder of the church and will recuse herself.
 
Roll call:  Councilmembers Brooks, D’Alessandro, Gordon, and Stine voting yes; Bearnson voting no; Wallan recused herself.
Motion carried and so ordered.
 
A 10-minute break was called at 8:45 p.m.; the meeting resumed at 8:55 p.m. with the same members present except Councilmember Brooks.
 
50.    Approval or Correction of the Minutes of the July 5, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-84 A resolution granting the property owner of 602 S. Central Avenue a six-month extension to complete hazardous sidewalk repairs.
 
         60.3     COUNCIL BILL 2018-86 An ordinance amending sections 10.108, 10.110, 10.124, 10.142, 10.182, 10.200, repealing sections 10.111, 10.161, 10.224-1, 10.295, and adding section 10.185 of the Medford Municipal Code to clarify sections pertaining to the Public Parks zoning district and procedural requirements for land use.
 
         60.4     COUNCIL BILL 2018-87 An ordinance authorizing execution of two quitclaim deeds to release City interest in property impacted by the Oregon 62 Expressway Project adjacent to airport property.
 
         60.5     COUNCIL BILL 2018-88 An ordinance authorizing execution of an Agreement between the City of Medford and Teamsters Local 223 representing Water Reclamation Division Operators and Laborers concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2018, through June 30, 2020.
                               
         60.6     COUNCIL BILL 2018-89 An ordinance authorizing execution of an Agreement between the City of Medford and Teamsters Local 223 representing Medford Municipal Mechanics concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2018, through June 30, 2020.
 
Motion:  Adopt consent calendar.
Moved by:  Dick Gordon                                                  Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, and Wallan voting yes.
Motion carried and so ordered.  Council Bills approved: #2018-84, 2018-86, 2018-87, 2018-88, 2018-89.
 
70.    Items Removed from Consent Calendar
Councilmember Bearnson requested 60.2 be removed as he did not support the decision.
 
         60.2     COUNCIL BILL 2018-85 A resolution reversing the Park and Recreation Director’s Street Tree Permit decision denying the removal of a tree and the tree well located at 101 N. Central Avenue, adjacent to Central Art Supply.
 
Motion:  Adopt the resolution.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kevin Stine
Roll call:  Councilmembers D’Alessandro, Gordon, Stine, and Wallan voting yes; Bearnson voting no.
Ordinance #2018-85 was duly adopted.
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-90 An ordinance repealing sections 2.428 2,429, adding sections 2.451, 2.452, 2.454, and 2.457 of the Medford Municipal Code to create a Transportation Commission and alter other transportation related committees to be effective January 1, 2019.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Stine, and Wallan voting yes.
Ordinance #2018-90 was duly adopted.
 
90.    Council Business
         90.1     Proclamations issued: None
 
Out of sequence.
 
         90.5     Council Vice President D’Alessandro stated a volunteer from Council is needed for the Audit Committee.
 
         90.6     A Council liaison is needed for approximately 75 days to keep Council appraised on the new Bear Creek Playground Project (Olsrud Family Community Playground).
 
*Councilmember Brooks arrived.
 
Motion:  Appoint Tim D’Alessandro as Bear Creek Playground Project liaison and Kevin Stine as alternate.
Moved by:  Dick Gordon                                                  Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, and Wallan voting yes.
Motion carried and so ordered.
 
         90.3     Arts Commission Appointment
Motion:  Appoint Amy Drake to the Arts Commission with a term beginning immediately and ending January 31, 2019.
Moved by:  Clay Bearnson                                               Seconded by:  Kay Brooks
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, and Wallan voting yes.
Motion carried and so ordered.
 
Back in sequence.
 
         90.2     RVTD Funding via MPO
Councilmember D’Alessandro stated he will recuse himself since he works for RVTD.
 
In the Council packet, Deputy City Manager Kelly Madding provided a memorandum regarding the Rogue Valley Metropolitan Planning Organization (RVMPO).
 
The City Council is being asked to provide the City’s RVMPO Policy Committee representative, Councilmember Kim Wallan, direction on action to be taken at the July 24 RVMPO Policy Committee Meeting.
 
A letter received from Jackson County Commissioners raised the question of whether RVTD should continue to receive one-half of all STBG funds received by the RVMPO given that RVTD passed a five-year operating levy in 2016 and is going to receive funding from the recently adopted payroll tax via the State Transportation Improvement Fund (STIF).
 
Mr. Sjothun stated Tonia Moro and Julie Brown of RVTD, as well as Al Densmore are in the audience should Council have any questions.
 
Councilmember Wallan noted all cities will have to comply; Ms. Madding noted small cities compete for funding as well.
 
Motion:  Direct Councilmember Wallan to support the formation of a subcommittee composed of selected members from the RVMPO and the RVMPO Technical Advisory Committee to develop funding options for RVTD; participate on the subcommittee; and bring back the options to the full City Council in order to receive further direction.
Moved by:  Dick Gordon                                                  Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, Brooks, Gordon, Stine, and Wallan voting yes; D’Alessandro recused himself.
Motion carried and so ordered.
 
Councilmember Gordon noted there are conflicting viewpoints and hope this subcommittee can work through that.
 
         90.4     Committee Reports and Communications
                     None
 
100.  City Manager and Staff Reports
         100.1   Further reports from City Manager
a.   Mr. Sjothun noted it is Deputy City Manager Madding’s last day. While she was here, she helped us through the UGB and MURA process. With her new position as Ashland City Administrator, she will help foster a better relationship with Ashland. She thanked Mr. Sjothun and Council for the opportunity to serve.
 
b.   The BUILD Grant for the Federal Government was submitted today via Mr. Alex Georgevitch and Ms. Kelly Madding.
 
c.   Mr. Sjothun attended the City County Manager’s Association where it was noted it is difficult to fill positions.        
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 9:23 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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