Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, August 16, 2018

AGENDA
August 16, 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
 
         20.2     Medford Parks and Recreation Foundation Check Presentation
 
         20.3     Medford Water Commission update by Brad Taylor
 
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 2018-99 An ordinance approving a minor amendment to the General Land Use Plan (GLUP) Map of the Medford Comprehensive Plan by changing the land use designation of 4.36 acres located at 555 Airport Road from General Industrial (GI) to Commercial (CM). (CP-18-054) Land Use, Quasi-Judicial
 
         40.2     COUNCIL BILL 2018-100 An ordinance amending sections 10.140, 10.200, and adding sections 10.715A, 10.716A, 10.717, 10.718, and 10.719 of the Medford Municipal Code to gain conformance with Senate Bill 1051 and to establish standards for multiple-family dwelling projects consisting of three or more attached units. (DCA-17-111) Land Use, Legislative
 
50.    Approval or Correction of the Minutes of the August 2, 2018 Regular Meeting
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-101 A resolution affirming the Public Works Directorís administrative decision requiring the repair of a defective sidewalk located at 3640 Fieldbrook Avenue.
 
         80.2     COUNCIL BILL 2018-102 A resolution adopting the Public Art Selection and Acquisition Policy.
 
         80.3     COUNCIL BILL 2018-103 A resolution adopting a fee for applications for deferred payment of System Development Charges.
 
         80.4     COUNCIL BILL 2018-104 An ordinance authorizing exemption from competitive bidding and awarding a contract in the amount of $465,808.71 to TriTech Software Systems Company for Law Enforcement Records Management System software.
 
         80.5     COUNCIL BILL 2018-105 A resolution in support of the Statewide Constitutional Amendment for Affordable Housing Bonds.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   Receivership Program and Nuisance Properties update
 
         100.2   Rogue Valley Fires update
 
         100.3   Further reports from City Manager
 
110.  Adjournment


MINUTES
August 16, 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 DíAlessandro*, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
*Arrived/left as noted.
.
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
Retirement employees from Human Resources and Technology Services were recognized.
 
*Councilmember Brooks arrived.
 
City Manager Brian Sjothun presented Mayor Wheeler with the Oregon Mayors Association Mayors Leadership Award, Award of Merit.
 
Mayor Wheeler recognized Councilmember Bob Strosser and former Mayor Lindsay Berryman.
 
         20.2     Medford Parks and Recreation Foundation Check Presentation
Joe Brett of the Medford Parks and Recreation Foundation presented a check in the amount of $17,093.00 for the Youth Recreation Scholarship Fund.
 
         20.3     Medford Water Commission update by Brad Taylor
                     General Manager Brad Taylor presented the Medford Water Commission quarterly report.
 
30.    Oral Requests and Communications from the Audience
         30.1     Lindsay Berryman, Downtown Medford Association, invited Council to the first September event Dancing and Dining in the Street, every Friday evening from 5:00 p.m. to 7:00 p.m.
 
         30.2     Cheryl Odle, Manager of Aspens on the Creek, thanked Council for cleaning up the greenway behind their development. They have volunteers who are willing to help keep the area clean.
 
         30.3     Treeza Fernandez, Aspens on the Creek, suggested goats be used to help clean up the greenway. She also suggested fireworks be banned in Medford.
 
         30.4     Brad Bennington, Builders Association of Southern Oregon, spoke about the issues pertaining to construction. He thanked Council for the SDC deferral program.
 
40.    Public Hearings
40.1     COUNCIL BILL 2018-99 An ordinance approving a minor amendment to the General Land Use Plan (GLUP) Map of the Medford Comprehensive Plan by changing the land use designation of 4.36 acres located at 555 Airport Road from General Industrial (GI) to Commercial (CM). (CP-18-054)
 
Dustin Severs, Planner III, presented the staff report. Councilmember Bearnson questioned the buffer pertaining to the OLCC license currently issued to a nearby property. Mr. Severs stated the marijuana business will be able to stay.
 
Councilmember Jackle stated he has a conflict of interest and will abstain; Councilmember Gordon, Wallan, and DíAlessandro disclosed ex parte contacts which will not affect their opinions.
 
Public hearing opened.
 
Raul Woerner, CSA Planning, stated he is representing the applicant. The subject property was owned by Pape and purchased by Grace Christian Elementary. Grace Christian likes the property as it can be well supervised. He noted their present location is leased from a church that they are not affiliated with. Mr. Woerner also stated the applicant has no issues with the marijuana business nearby. He requested time for rebuttal.
 
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                      Seconded by:  Kim Wallan
 
Councilmember Zarosinski expressed concern with the criteria and the problems with commercial areas.
 
Roll call:  Councilmembers Bearnson, DíAlessandro, Gordon, Stine, Wallan, and Zarosinski voting yes, Brooks voting no, Jackle abstained.
Ordinance #2018-99 was duly adopted.
 
         40.2     COUNCIL BILL 2018-100 An ordinance amending sections 10.140, 10.200, and adding sections 10.715A, 10.716A, 10.717, 10.718, and 10.719 of the Medford Municipal Code to gain conformance with Senate Bill 1051 and to establish standards for multiple-family dwelling projects consisting of three or more attached units. (DCA-17-111)
 
                     Planning Director Matt Brinkley apologized that the staff report was not included in the original agenda packet. Seth Adams, Planner III, presented the staff report. The proposal includes an amendment that SPAC decisions would be final on qualifying affordable housing projects, and any appeals would go directly to LUBA.
 
                     Councilmember Stine questioned the appeal process and whether it should be appealed to LUBA or Council. Staff noted the 100 day rule in Senate Bill 1051 applies today; under state law an applicant would be able to waive that timeline. City Attorney Cooper noted it is our own rules to appeal to Council. Councilmember Stine thinks they should go to Council but questioned the 100 days. Councilmember Bearnson questioned if this would prevent issues such as the Spring Street apartments and neighboring property owners complaining about the development; Mr. Adams noted neighbors can still complain about what comes in their neighborhood. Councilmember Wallan questioned how the proposed regulations will make it easier to develop affordable housing. Mr. Brinkley noted the 100 day timeline is an issue. With established design standards in place, projects will be approved by SPAC. Senate Bill 1051 needs to be conformed to, and clear and objective development standards are needed. We may have to change some things as we go along. Councilmember Zarosinski questioned if Charles Point complied with these standards; Mr. Adams stated they did with the parking, the length of the buildings, and most items presented.
 
Public hearing opened.
 
Brad Bennington, Southern Oregon Builders Association, stated that the state law changed and we need to make sure we are in compliance. Councilmember Gordon questioned his thoughts on the 100 days and appealing to Council vs. LUBA. Mr. Bennington doesnít think anyone wants to go to LUBA but the 100 days are there for motivation. He does not think it will be problematic.
 
Public hearing closed.
 
Mr. Sjothun questioned if Council would like more time to review the staff report they received this week, and if so, this item can be continued to the September 6 meeting. Councilmember Gordon stated he did not read the staff report. Councilmember Jackle spoke in favor of changing the parking criteria if you couldnít meet the criteria based on the size of the property. Mr. Brinkley hopes to have the final standards to Council by the end of December.
 
Motion:  Continue Council Bill 2018-100 to the next meeting of September 6.
Moved by:  Kevin Stine                                                      Seconded by:  Kay Brooks
 
Councilmember Gordon questioned the glazing of the windows and questioned if it was debatable.
 
Roll call:  Councilmembers Bearnson, Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Council had additional questions about this item. Councilmember Gordon expressed concern with glazing limits. He would like options regarding Planning Commissionís recommendations. Commissioner Stine would like to see any appeals come to Council. Mayor Wheeler noted while on the MURA board he learned that human beings donít like blank walls. Glazing makes people feel safer and the look is better. Councilmember Jackle talked about the LUBA appeal period.
 
50.    Approval or Correction of the Minutes of the August 2, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
**************
Mayor Wheeler called a recess at 7:59 p.m.; the meeting resumed at 8:12 p.m. with all members present.
 
****************
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-101 A resolution affirming the Public Works Directorís administrative decision requiring the repair of a defective sidewalk located at 3640 Fieldbrook Avenue.
 
Motion:  Approve the resolution.
Moved by:  Clay Bearnson                                                 Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-101 was duly adopted.
 
         80.2     COUNCIL BILL 2018-102 A resolution adopting the Public Art Selection and Acquisition Policy.
 
Motion:  Approve the resolution.
Moved by:  Clay Bearnson                                                 Seconded by:  Kay Brooks
Roll call:  Councilmembers Bearnson, Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-102 was duly adopted.
 
         80.3     COUNCIL BILL 2018-103 A resolution adopting a fee for applications for deferred payment of System Development Charges.
 
Motion:  Approve the resolution.
Moved by:  Kim Wallan                                                       Seconded by:  Tim DíAlessandro
Roll call:  Councilmembers Bearnson, Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-103 was duly adopted.
 
         80.4     COUNCIL BILL 2018-104 An ordinance authorizing exemption from competitive bidding and awarding a contract in the amount of $465,808.71 to TriTech Software Systems Company for Law Enforcement Records Management System software.
 
Motion:  Approve the ordinance.
Moved by:  Dick Gordon                                                    Seconded by:  Kim Wallan
 
Councilmember Gordon stated there is an email from Jackson County Administrator Danny Jordon stating that he would propose this in their budget. Councilmember Zarosinski stated the use of sole source is totally appropriate for this contract.
 
Roll call:  Councilmembers Bearnson, Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-104 was duly adopted.
 
         80.5     COUNCIL BILL 2018-105 A resolution in support of the Statewide Constitutional Amendment for Affordable Housing Bonds.
 
                     Mr. Sjothun noted our state lobbyist, Cindy Robert, presented this item to us. He presented this to Council Officers, who directed him to bring this forward. Any bonds submitted would need to be approved by the voter.
 
Motion:  Approve the resolution.
Moved by:  Clay Bearnson                                                 Seconded by:  Kay Brooks
 
Councilmember Gordon stated this is a constitutional amendment and he has issues amending the state constitution. Councilmember Brooks thinks this changes something that is a barrier in the constitution currently and addresses a very serious need. Councilmember Bearnson stated constitutions need to be changed at times. Councilmember Zarosinski expressed concern with the bonding issue of the amendment. Councilmember Brooks noted the Housing Authority can also issue bonds.
 
Roll call:  Councilmembers Bearnson, Brooks, DíAlessandro, Jackle, Stine, and Zarosinski voting yes; Gordon and Wallan voting no.
Resolution #2018-105 was duly adopted.
 
90.    Council Business
         90.1     Proclamations issued:
                                    Dave McGillivray Day, August 29, 2018
 
         90.2     Committee Reports and Communications
                     a.   Councilmember Zarosinski stated Senator Merkley held a smoke roundtable discussion and noted there is current litigation on the farm bill. Councilmember Zarosinski asked CFM to break down the differences on what would be beneficial to our area.
 
                     b.   There was discussion about separate cell phones for Council; Mr. Sjothun sent a survey out pertaining to cell phone usage; four cities provide a stipend of $30-50/month pertaining to cell phone use. The Charter does allow a stipend for items that could be covered such as this. The stipend would be available to Council to be reimbursed for cell phone usage. Ms. Cooper stated if you accept a stipend it has to be used for City business. Communications on Councilorís cell phones who receive a stipend would be considered public records. Councilmember Bearnson stated he brought this topic up. Councilmember Zarosinski stated if you are interested please contact Mr. Sjothun. Mr. Sjothun noted there are not many phones owned by the City that could be reused. He stated it would be about $50/month to purchase a phone. If everyone would do it, the cost would be about $5,500/year and come out of the Mayor/Council budget. Councilmember Gordon questioned if it is a taxable fringe benefit; Finance Director Martin stated it would be.
 
*Councilmember Brooks left.
 
                     c.   Parks & Recreation Reappointment
Motion:  Reappoint Preston Jernigan to the youth position on the Parks & Recreation Commission with a term beginning immediately and end June 30, 2019.
Moved by:  Kevin Stine                                                      Seconded by:  Dick Gordon
Roll call:  Councilmembers Bearnson, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
                     d.   Arts Commission Reappointment
Motion:  Reappoint Gabrielle Taylor to the youth position on the Arts Commission with a term beginning immediately and end June 30, 2019.
Moved by:  Clay Bearnson                                                 Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
                     e.   Councilmember Gordon noted there was an interesting project that came though SPAC pertaining to lightly used shipping containers that will be used for a mini warehouse. The total build out will be 500 containers.
 
                     f.    Councilmember Stine took his daughter to Bear Creek Park before the playground was demolished. Last week he went to one of the planning meetings for the development of the new playground.
 
100.  City Manager and Staff Reports
Mr. Sjothun presented a handout for the final TSP review, which will be discussed at the August 23 Council Study Session. He also presented the 2018-19 Legislative Policy Statement handout for the upcoming forum with candidates running for state office. He would like to bring this back to Council on September 6 and requested Council review and provide their input.
 
         100.1   Receivership Program and Nuisance Properties update
*Councilmember DíAlessandro left and returned.
 
Building Director Sam Barnum presented the receivership program update, Corporal Tom Venables presented the chronic nuisance properties, and Principal Planner Angela Durant presented the affordable housing program.
 
Councilmember DíAlessandro questioned if there is a limit to the number of properties we can put in the receivership process; Mr. Mitton noted there is a budget limitation. Mr. Sjothun noted we are developing a YouTube video on all three of these programs.
 
         100.2   Rogue Valley Fires update
Fire Chief Brian Fish presented an update on how Medford firefighters have assisted with the Rogue Valley fires. Medford Police Department also served on some of the local fires.
 
Councilmember Gordon questioned if others in the City have served fighting fires; Mr. Fish was not aware of any other employees. Councilmember DíAlessandro questioned the cell phone issue that happened from the Central Point fire; Mr. Fish said the service was overwhelmed and caused those problems.
 
         100.3   Further reports from City Manager
                     None.
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 9:11 p.m.
 
The proceedings of the City Council meeting were recorded and are filed in the City Recorderís Office. The complete agenda of this meeting is filed in the City Recorderís Office.
 
 
 
 
Karen M. Spoonts, MMC
City Recorder
 

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