Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, December 06, 2018

AGENDA
December 6, 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     Jeff Golden – Senator Elect District 3
 
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 2018-132 An ordinance amending sections 10.012, 10.314, 10.337, 10.821, and 10.826 of the Medford Municipal Code to modify standards for Accessory Dwelling Units. (DCA-18-113) Land Use, Legislative
 
         40.2     COUNCIL BILL 2018-133 An ordinance amending sections 10.033, 10.108, 10.112, 10.120, 10.124, 10.134, 10.185, 10.198, 10.204, 10,314, 10.334, 10.337, 10.705, 10.708, 10.710, 10.712, 10.713, 10.714, 10.732, 10.797, 10.824, and 10.1160 of the Medford Municipal Code to make housekeeping corrections and minor changes related to housing and density. (DCA-18-118) Land Use, Legislative
 
         40.3     COUNCIL BILL 2018-134 A resolution initiating a minor amendment to the Medford Comprehensive Plan to include the updated 2018 Sanitary Sewer Master Plan.
 
         40.4     COUNCIL BILL 2018-135 A resolution approving the formation of a Reimbursement District for recovery of a portion of costs associated with the construction of Tamarack Drive.
 
50.    Approval or Correction of the Minutes of the November 15, 2018 Regular Meeting
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-136 A resolution canvassing the returns of the General City Election on November 6, 2018, declaring the election of Councilmembers for terms beginning January 3, 2019.
 
         80.2     COUNCIL BILL 2018-137 An ordinance authorizing execution of a Lease Agreement with Rogue Valley Children’s Discovery Museum, Inc. for use of the Carnegie building located at 413 W. Main Street.
 
         80.3     COUNCIL BILL 2018-126 SECOND READING - 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:
                        Eagle Scout Jacob Watson – December 6, 2018
                        Leigh Johnson Day – December 5, 2018
 
         90.2     Committee Reports and Communications
                     a.   Citizen Committee Appointment
 
100.  City Manager and Staff Reports
         100.1   Further reports from City Manager
 
110.  Adjournment

MINUTES
December 6, 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*(*joined via phone as noted)
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
20.    Recognitions, Community Group Reports
         20.1     Jeff Golden – Senator Elect District 3
Senator Elect Jeff Golden appreciated the opportunity to speak to Council and stated he is honored to represent Medford. He is looking forward to a two way conversation.
 
         20.2     Eagle Scout Jacob Watson – December 6, 2018
                     Mayor Wheeler presented a proclamation to Jacob Watson.
 
30.    Oral Requests and Communications from the Audience
         30.1     Fellsha Dutton, expressed concern with public safety. She noted there have been several break-ins in her neighborhood. As she lives close to the greenway, her insurance went up from $300 to $700 due to a fire in that area.
 
40.    Public Hearings
40.1     COUNCIL BILL 2018-132 An ordinance amending sections 10.012, 10.314, 10.337, 10.821, and 10.826 of the Medford Municipal Code to modify standards for Accessory Dwelling Units. (DCA-18-113)
 
Planning Director Matt Brinkley provided the staff report and noted the Planning Commission recommended adopting DCA-18-113. Councilmember Bearnson questioned the standard regarding being within ¼ mile from transit; Mr. Brinkley stated ¼ mile is a reasonable 15 minute walk to public transit. Councilmember D’Alessandro stated that is RVTD’s measure as well. Councilmember Wallan questioned one per lot vs. one per dwelling unit. Mr. Brinkley noted the new wording is consistent with state statue. Councilmember Brooks questioned if you could have two ADUs for a larger lot. Mr. Brinkley noted the Planning Commission thought one was enough. Councilmember Gordon questioned the ECO Northwest’s letter on page 39 regarding the SDC waiver. Mr. Brinkley noted this is the first phase; the second part will be economic incentives in early spring and SDC waivers will be part of that discussion.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                      Seconded by:  Dick Gordon
Councilmember Brooks questioned off street parking and the approval back in 1960. Mr. Brinkley stated if you want to limit this allowance that will most be burdened by off street parking you would put in the provision that the property would have had to have been built before 1960.
 
Amended Motion:  Change condition of ¼ mile to transit or bicycle facility, multi-use path to ½ mile.
Moved by:  Clay Bearnson                                                 Seconded by:  Kay Brooks
 
The exemptions on Exhibit A, page 25 were discussed. When questioned, staff could not provide an answer on what the impact to ‘½ mile’ would be. Bicycle facility is a bike-way or similar standard. Councilmember Stine questioned exceptions to the parking requirements. Assistant Planning Director Kelly Evans stated they could appeal, under provision 5. There are approval criteria. The appeal fee is $700. Councilmember Bearnson questioned if the bullet criteria could be eliminated pertaining to bikes, etc. Councilmember Stine noted it would reduce ADUs in certain areas. Mr. Sjothun noted this is not Council’s first crack on this and can be reviewed with Housing & Commission Advisory Commission.
 
Revised Amended Motion: Change the amended motion to ½ mile to a bicycle facility and ¼ mile to a transit facility.
Moved by:  Clay Bearnson                                                 Seconded by:  Kay Brooks
 
Amended Motion Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, and Stine voting yes; Jackle and Wallan voting no.
 
Councilmember Jackle stated he will vote no as the Housing Commission has yet to hear this.
 
Main Motion Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, and Stine voting yes; Jackle and Wallan voting no.
Ordinance 2018-132 will be placed for second reading.
 
         40.2     COUNCIL BILL 2018-133 An ordinance amending sections 10.033, 10.108, 10.112, 10.120, 10.124, 10.134, 10.185, 10.198, 10.204, 10,314, 10.334, 10.337, 10.705, 10.708, 10.710, 10.712, 10.713, 10.714, 10.732, 10.797, 10.824, and 10.1160 of the Medford Municipal Code to make housekeeping corrections and minor changes related to housing and density. (DCA-18-118)
 
                     Principal Planner Carla Paladino provided the staff report. Councilmember Wallan questioned who developed the changes; staff noted they did.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                      Seconded by: Kay Brooks  
 
Councilmember Gordon stated public hearing signage does not seem to come down. He questioned where we got the number of 6-15 residents allowed in Residential Facilities and referred to a memo Attorney Cooper wrote several months ago which addressed this. He questioned if there was flexibility with this number; Ms. Cooper stated state statue addresses this as well as the federal Fair Housing Act.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, and Wallan voting yes; Jackle voting no.
Ordinance #2018-133 was duly adopted.
 
         40.3     COUNCIL BILL 2018-134 A resolution initiating a minor amendment to the Medford Comprehensive Plan to include the updated 2018 Sanitary Sewer Master Plan.
 
                     Deputy Public Works Director Alex Georgevitch presented the staff report and noted the major changes to the plan. There are several projects per ward; Wards 2 and 3 are only partially served by Medford as the remainder is served by Rogue Valley Sewer. He read into the record a letter just received from CSA Planning, who were a member of the Technical Advisory Group (TAG), and recommended support of the plan.
 
Public hearing opened.
Mike Montero, Montero & Associates, supported the Sanitary Sewer Master Plan.
 
Randy Jones, Mahar Homes, and member of TAG, strongly encouraged Council to approve the plan.
 
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Kevin Stine                                                      Seconded by: Kay Brooks
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Resolution #2018-134 was duly adopted.
 
         40.4     COUNCIL BILL 2018-135 A resolution approving the formation of a Reimbursement District for recovery of a portion of costs associated with the construction of Tamarack Drive.
 
Mr. Georgevitch presented the staff report. Councilmember Bearnson questioned if the formation of a Reimbursement District should be done before the work is completed; Ms. Cooper noted the code does allow creation of a Reimbursement District after improvements have been constructed. Councilmember Bearnson questioned if there was a time limit; Ms. Cooper noted there is no restriction in state or city code.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Kim Wallan                                                       Seconded by:  Tim D’Alessandro
 
Councilmember Stine asked whether the applicant would be required to sign a release and indemnification before the funds were paid. Ms. Cooper noted a hold harmless and indemnification has been signed and submitted to the City.
 
Roll call:  Councilmembers Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes; Bearnson voting no.
Resolution #2018-135 was duly adopted.
 
50.    Approval or Correction of the Minutes of the November 15, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
**********
 
Mayor Wheeler called a recess at 7:33 p.m.; the meeting resumed at 7:45 p.m. with the same members present.
 
**********
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-136 A resolution canvassing the returns of the General City Election on November 6, 2018, declaring the election of Councilmembers for terms beginning January 3, 2019.
 
Motion:  Approve the resolution.
Moved by:  Kevin Stine                                                      Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Resolution #2018-136 was duly adopted.
 
         80.2     COUNCIL BILL 2018-137 An ordinance authorizing execution of a Lease Agreement with Rogue Valley Children’s Discovery Museum, Inc. for use of the Carnegie building located at 413 W. Main Street.
 
                     City Manager Brian Sjothun spoke about the tenant obligations and alterations must be approved by the proper department, including the Historic Commission. Sunny Spicer, Kid Time, stated an architect will be doing their design work. Their board has signed the agreement. Ms. Cooper noted the lease does allow the tenant to fence the property without having to come back to the City for approval. Sunny Spicer noted that the fencing will have to be reviewed and approved by the Historic Commission.
 
Motion:  Approve the ordinance.
Moved by:  Kay Brooks                                                      Seconded by:  Kim Wallan
 
Mayor Wheeler expressed concern with fencing around the parameter and would like the public to still have some access. Ms. Spicer noted the fencing is for the children’s security and safety and it is a priority for them to make it accessible.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Ordinance #2018-137 was duly adopted.
 
*Councilmember Zarosinski joined the meeting via phone.
 
         80.3     COUNCIL BILL 2018-126 SECOND READING - 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)
 
                     Attorney Cooper noted there were minor changes as presented in the document at Council places. Mr. Sjothun noted Council will continually have the opportunity to make changes.
 
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                      Seconded by:  Tim D’Alessandro
 
Council discussed the pros and cons of the Plan.
 
Roll call:  Councilmembers D’Alessandro, Jackle, Stine, Wallan, and Zarosinski voting yes; Bearnson, Brooks and Gordon voting no.
Ordinance #2018-126 was duly adopted.
 
*Councilmember Zarosinski left the meeting.
 
90.    Council Business
         90.1     Proclamations issued:
                        Eagle Scout Jacob Watson – December 6, 2018
                        Leigh Johnson Day – December 5, 2018
 
         90.2     Committee Reports and Communications
                     a.   Citizen Committee Appointment
Councilmember D’Alessandro provided the history of filling a council vacancy. Councilmember Wallan presented an irrevocable letter of resignation with her final day being January 4, 2019.
 
Motion:  Accept the resignation letter from Councilmember Wallan.
Moved by:  Dick Gordon                                                    Seconded by:  Kay Brooks
No roll call was taken.
 
Motion:  Re-open the Council vacancy process and re-notice as directed in the Medford Code.
Moved by:  Kevin Stine                                                      Seconded by:  Kay Brooks
 
Councilmember Wallan noted the whole point of the motion done at a previous Council meeting was to start the process to eliminate this type of issue. Mayor Wheeler agreed; there was no doubt that we were going to have an opening.
 
Roll call:  Councilmembers Bearnson, Brooks, Gordon, and Stine voting yes; D’Alessandro, Jackle and Wallan voting no.
Motion carried and so ordered.
 
Motion:  To have all 14 Citizen Committee candidates be voted on by the entire council.
Moved by:  Clay Bearnson                                                 Seconded by:  Kay Brooks
 
Councilmember Wallan stated the point of the Citizen Committee is to recognize the ward. Council has the right to veto who is selected. She strongly urged a no vote and let Councilmember Zarosinski select the five candidates and bring back to Council. Councilmember Bearnson noted all candidates are from Ward 4. Mr. Sjothun noted Council will receive the information on the Citizen Committee candidates the week of December 17. Ms. Cooper noted ethically Councilmember Wallan can vote for the Citizen Committee. Mayor Wheeler noted this is the second time that Councilmember Wallan’s character has been attacked. Councilmember Bearnson noted the intent is for transparency. Councilmember Jackle noted Councilmember Densmore was on the Citizen Committee which recommended that Councilmember Jackle be appointed to the Council vacancy created by Mr. Densmore’s resignation.
 
Roll call:  Councilmembers Bearnson, Brooks, Gordon, and Stine voting yes; D’Alessandro, Jackle and Wallan voting no.
Motion carried and so ordered.
 
Mr. Sjothun stated options will be presented at the next Council meeting.
 
                     b.   Boards and Commissions
There are several positions for which candidates still need to be interviewed. A study session will be held the evening of Thursday, December 13 to hold interviews. Mr. Sjothun noted as we continue to recruit for unfilled positions, some candidates may apply for other boards and commissions.
 
Motion:  Appoint Craig Switzler, representing education, to the Community Development Grants Commission effective immediately with a term ending January 31, 2022.
Moved by:  Kay Brooks                                                      Seconded by: Dick Gordon
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Denise James as the Business Representative and Addison Smith to the Minority Position on the Police Advisory Commission with terms beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Tim Jackle                                                       Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Motion carried and so ordered.
 
Motion:  Appoint Ashley Boughner and Millie Carlton to the Arts Commission, with terms beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Kevin Stine                                                      Seconded by:  Tim Jackle
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Daniel Smith and Karl Geidans to the Landmarks & Historic Preservation Commission with terms beginning February 1, 2019 and ending January 31, 2023.
Moved by:  Tim D’Alessandro                                            Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Jason Anderson to the Medford Water Commission with a term beginning February 1, 2019 and ending January 31, 2024 and appoint Greg Jones to a partial term on the Medford Water Commission with a term beginning immediately and ending January 31, 2021.
Moved by: Gary Wheeler                                                   Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Wheeler voting yes.
Motion carried and so ordered.
 
Mayor Wheeler read Leigh Johnson’s proclamation.
 
Councilmember D’Alessandro asked if staff had any questions regarding Ward 4 opening and boards and commissions; Mr. Sjothun recapped the previous motions.
 
100.        City Manager and Staff Reports
               100.1   Further reports from City Manager
                           a.   Hope Village has a letter of credit in the amount of $20,000. The bank is holding onto that, and they would like to use that money at Hope Village. They are requesting the letter of credit be released.
 
Motion:  Direct staff to allow Hope Village’s letter of credit to be released.
Moved by:  Tim Jackle                                                       Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Motion carried and so ordered.
 
                           b.   Kristina Johnsen, Community Relations Coordinator, presented an update on the 17th Operation Care. The next Operation Care will be April 22 in Ward 2. Mr. Sjothun noted people are appreciative of staff and council coming to their neighborhood.
 
                        c.   Mayor Wheeler remarked that he was at Veranda Park for a tree lighting ceremony and many residents told him how much they appreciated living in Medford.
 
                           d.   Councilmember Gordon recognized Chris Letz, Mayor of Phoenix, who was in the audience and is on the board of RVCOG. Councilmember Gordon spoke about a presentation Kelly Madding made at a recent RVCOG meeting regarding rural urban fire buffers, or as she calls it, a fire overlay. He stated we need a rural urban fire buffer as well. Commissioner Brooks commented on fire insurance going up. Councilmember D’Alessandro noted this was discussed at a Council Officers meeting last week and Jackson County will have a public hearing on this next week. Mr. Sjothun would like to take a field trip of lessons learned from Sonoma County and ask the questions: how do we get people to stay once a fire happens, how do we get them through the process, and what could they have done in advance?
 
                           e.   Councilmember Jackle thanked Mayor Wheeler for Leigh Johnson’s proclamation and noted that Mr. Johnson was instrumental in generating community support for the City’s receivership ordinance.
 
                           f.    Ward 4 Vacancy Procedure
 
Motion:  Select the Ward 4 Citizen Committee on January 17, interview candidates on January 24, and appoint a Ward 4 councilmember on February 7.
Moved by:  Kevin Stine                                                      Seconded by: Dick Gordon
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, and Stine voting yes; Wallan voting no.
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 8:57 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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