Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, November 15, 2018

AGENDA
November 15, 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     Rogue Disposal update by Gary Penning
 
         20.3     Quarterly Economic Development update by Colleen Padilla
 
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 2018-130 An ordinance amending sections 10.012, 10.106, 10.108, 10.110, 10.124, 10.156, 10.214, and 10.220 of the Medford Municipal Code to include a procedure for preparing and adopting urbanization plans. (CP-16-075 and DCA-18-120) Land Use, Legislative
 
         40.2     COUNCIL BILL 2018-131 An ordinance approving a legislative amendment to the Neighborhood Element and the Review and Amendment section of the Medford Comprehensive Plan to incorporate procedural requirements for preparing and adopting urbanization plans for areas within the expanded Urban Growth Boundary. (CP-16-075 and DCA-18-120) Land Use, Legislative
 
50.    Approval or Correction of the Minutes of the November 1, 2018 Regular Meeting
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-126 An ordinance adopting a revised Transportation System Plan (2018-2038) and approving a legislative amendment to the Transportation Element, Public Facilities Element, and the Conclusions, Goals, Policies, and Implementation Strategies of the Medford Comprehensive Plan. (CPA-16-036) 

90.    Council Business
         90.1     Proclamations issued:
                        Small Business Saturday, November 24, 2018
 
         90.2     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   League of Oregon Cities Elected Essentials Workshops
 
         100.2   Further reports from City Manager
 
110.  Adjournment


MINUTES
November 15, 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 Kay Brooks, Tim DíAlessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan*, Michael Zarosinski; Councilmember Clay Bearnson was absent.
 
Acting City Manager Eric Zimmerman; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
Employees from Building and Police were recognized for their years of service. Besides being recognized for years of service, Kimberlyn London was also recognized as the Permit Technician of the Year.
 
*Councilmember Kim Wallan arrived.
 
         20.2     Rogue Disposal update by Gary Penning
Gary Penning of Rogue Disposal provided an update on the upcoming fee increase. Councilmember Gordon questioned recycling in other communities and recycling options. Mr. Penning noted they have looked at the market and there is nothing in the near future for other recyclables.
 
         20.3     Quarterly Economic Development update by Colleen Padilla
Colleen Padilla of SOREDI presented the quarterly economic development report, stated SOREDI was thankful to participate in the Pop Up event, and invited Council to upcoming events. Councilmember Brooks questioned hemp being legalized; Ms. Padilla noted the key is that SOREDI receives federal funds and hemp must be federally recognized.
 
30.    Oral Requests and Communications from the Audience
         30.1     Robert Shand, thanked those who serve on Council and outgoing members. He also talked about compacting trash.
                    
40.    Public Hearings
40.1     COUNCIL BILL 2018-130 An ordinance amending sections 10.012, 10.106, 10.108, 10.110, 10.124, 10.156, 10.214, and 10.220 of the Medford Municipal Code to include a procedure for preparing and adopting urbanization plans. (CP-16-075 and DCA-18-120)
 
         40.2     COUNCIL BILL 2018-131 An ordinance approving a legislative amendment to the Neighborhood Element and the Review and Amendment section of the Medford Comprehensive Plan to incorporate procedural requirements for preparing and adopting urbanization plans for areas within the expanded Urban Growth Boundary. (CP-16-075 and DCA-18-120)
 
 
            Principal Planner Carla Paladino presented the staff report. She stated there are two legislative amendments (40.1 and 40.2) and the Planning Commission voted 8-0 in favor. The background, urbanization plan procedure, compliance, and amendments were provided.
 
            Councilmember Gordon was concerned with 50% of the owners who may not want to participate. Ms. Paladino noted they would be notified through the process and hopefully talking with their neighbors to be part of the process. These are master plans and they can come back later to amend when they are ready. Urbanization plans cover an entire planning unit, but not an entire Urban Reserve Area. Councilmember Gordon questioned who would pay to create an Urbanization Plan; Ms. Paladino stated those who wish to submit the plan would be required to pay the review fee. It could be divided equally among interested parties, it is really up to them. Councilmember Gordon questioned who would comply with the density; Ms. Paladino noted there is some wiggle room with density and staff have discussed mechanisms for transferring density, but as it stands now a plan will need to identify how the density will be met. Mr. Brinkley added that a party can participate in the land use review process for an Urbanization Plan and appeal an approval, even though they didnít participate in creating the plan. Councilmember Gordon questioned the conceptual plans presented in the UGB and asked if there is a commitment to develop according to those conceptual plans. Mr. Brinkley stated you canít diverge too far from the conceptual plan, and Urbanization Plans would likely be very consistent with them.
 
            Councilmember Wallan questioned why we are doing this; Mr. Brinkley noted that the land was in Urban Reserve Areas and compliance with the Regional Plan element of the Cityís Comprehensive would need to be demonstrated. Urbanization is Medfordís way of demonstrating compliance.
 
Public hearing opened for 40.1 and 40.2.
 
Mike Savage, CSA Planning, spoke on 5.3.6 pertaining to counting slopes as open space and the 25% safe harbor. He would suggest to leave it up to the landowners to determine if it is appropriate to build on that land. Councilmember Zarosinski questioned how we stay in compliance pertaining to the UGB amendment. Mr. Savage stated it is not a precise measurement. Councilmember Wallan questioned if he had an opinion on 5.5.1; he noted they support 5.5.1. He also talked about average density requirements.
 
Mike Montero, Montero & Associates, supported the plan and appreciated the questions and comments from Council. He noted the plan acknowledges the unexpected and accommodates for it. He noted on page 14 it does address Councilmember Gordonís comments on the landowner who does not want to be a part of the process. On page 15, the conception plan allows flexibility. There is sufficient safeguard for property owners.
 
Public hearing closed for 40.1 and 40.2.
 
Councilmember Zarosinski continued to have concerns about potential complications involving the Buildable Lands Inventory and asked staff for guidance. Mr. Brinkley noted the state statue does provide for a margin of error in BLIs, and further stated that demand for urban land must be looked at its totality. For Medford, floodplains were identified as buildable even though they are not actually buildable in many cases. He felt that the potential impact on the BLI would be nominal, and that how to treat land with slopes over 25% was a question of policy for council more than a technical matter.
 
City Attorney Lori Cooper read Council Bill 2018-131.
 
Ms. Paladino noted 5.3.6 was originally drafted to say Slopes greater than 25 percent and Council could choose to use that language.
 
Motion:  Approve Council Bill 2018-131 as proposed by staff.
Moved by:  Dick Gordon                                                  Seconded by: Mike Zarosinski
 
Councilmember Gordon noted it will be an interesting process and staff has done a good job. Councilmember Wallan preferred the short version so will vote no.
 
Amended Motion: Amend 5.3.6 to read Slopes greater than 25 percent and remove the following language from 5.5.1 and determining its ability or limitations to serve the site.
Moved by:  Michael Zarosinski                                         Seconded by: Kim Wallan
          
Councilmember Gordon questioned if that would change 5.3.6 pertaining to instruction. Councilmember Zarosinski clarified land is deemed unbuildable in the buildable lands inventory. Ms. Paladino stated there is a provision to develop 25%, but if you donít want to build on such land you donít have to. The applicant would note on the plans what they are going to do. This provides flexibility.
 
Amended Motion Roll Call:  Councilmembers Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Main Motion Roll call:  Councilmembers Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-131 was duly adopted as amended.
 
Motion:  Approve Council Bill 2018-30.
Moved by:  Dick Gordon                                                  Seconded by:  Kevin Stine
Roll call:  Councilmembers Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-130 was duly adopted.
 
50.    Approval or Correction of the Minutes of the November 1, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-126 An ordinance adopting a revised Transportation System Plan (2018-2038) and approving a legislative amendment to the Transportation Element, Public Facilities Element, and the Conclusions, Goals, Policies, and Implementation Strategies of the Medford Comprehensive Plan. (CPA-16-036)
        
                     Mr. Brinkley presented the recommended changes as requested at the last Council meeting. Councilmember Jackle stated he is not interested in the changes on page 9. Councilmember Wallan questioned leaving the median out on Cherry Lane and not wanting to put in jersey barriers. She agreed with Councilmember Jackleís statement regarding the language on page 9. She also requested the analysis spent on the various wards. Ms. Paladino provided a list of separating the projects out by ward, costs, and distribution of percentages per ward. Councilmember Brooks talked about the projects that are boarding adjacent wards. Councilmember Gordon asked if the table included the $17 million from MURA and the extension of Columbus. Ms. Paladino noted this does not include MURA money but does include the extension of Columbus.
 
Motion:  Approve the ordinance with the revisions excluding the language proposed on page 9 of the TSP.
Moved by:  Kim Wallan                                                    Seconded by:  Tim DíAlessandro
 
Councilmember Zarosinski is pleased with the outcome of the TSP. Councilmember Gordon noted it comes a long way but we have not addressed the arterial streets or bicycle community needs. Councilmember Jackle noted there are things that could be better but we need to pass and move on. Councilmember Brooks expressed her concern with bicycle and pedestrian needs.
 
Roll call:  Councilmembers DíAlessandro, Jackle, Stine, Wallan, and Zarosinski voting yes; Brooks and Gordon voting no.
Ordinance 2018-126 will be placed for second reading.
 
90.    Council Business
         90.1     Proclamations issued:
                        Small Business Saturday, November 24, 2018
 
         90.2     Committee Reports and Communications
                     a.   Boards and Commissions Appointments
Motion:  Appoint Terra McLeod to the Parking Commission business representative with a term beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Michael Zarosinski                                         Seconded by:  Kevin Stine
Roll call:  Councilmembers Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Marta Tarantsey and Krystal Stone to their positions on the Multicultural Commission, with terms beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Kay Brooks                                                    Seconded by:  Kevin Stine
Roll call:  Councilmembers Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Simone Stewart to a position on the Arts Commission with a term beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Kevin Stine                                                    Seconded by:  Michael Zarosinski
Roll call:  Councilmembers Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Lane Forncrook and Rene Forncrook to the Cemetery Commission with terms beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Kevin Stine                                                    Seconded by:  Dick Gordon
Roll call:  Councilmembers Brooks, DíAlessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Julian Cordle to a position on the Parks & Recreation Commission.
Moved by:  Kevin Stine                                                    Seconded by:  Michael Zarosinski
 
Councilmember Stine stated he is reappointing the chair for the application process. After discussion the motion was withdrawn.
 
                     b.   Potential Ward 4 Vacancy
Councilmember Zarosinski stated the last potential Ward 4 vacancy notice ran in the paper today. Those who would like to run for the position must turn in their application by November 27 to the City Recorder. A Citizen Committee will also need to be appointed; if Council knows anyone who is interested please forward the name(s) to the City Recorder. Interviews will be on December 13. Council Officers to provide further information after the December 6 Council Officers meeting.
 
100.  City Manager and Staff Reports
         100.1   League of Oregon Cities Elected Essentials Workshops
Acting City Manager Eric Zimmerman stated there will be an Elected Essentials Workshop in Grants Pass on Friday, December 14.
 
         100.2   Further reports from City Manager
                     a.   Mr. Zimmerman recognized the Medford firefighters who will be gone for 14 days fighting fires in California.
 
110.  Adjournment
         Mayor Wheeler noted there is Executive Session immediately following this meeting. There being no further business, this Council meeting adjourned at 7:53 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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