Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, December 20, 2018

AGENDA
December 20, 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
 
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 2018-138 A resolution adopting a fifth Supplemental Budget for the 2017-19 biennium.
 
         40.2     COUNCIL BILL 2018-139 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 2.35 acres located at 2211, 2231, and 2251 Table Rock Road and 659 Berrydale Avenue from Urban High Density Residential (UH) to Service Commercial (SC). (CP-18-133) Land Use, Legislative
 
         40.3     COUNCIL BILL 2018-140 An ordinance approving a legislative amendment to the Environmental Element of the Medford Comprehensive Plan to incorporate the 2016 Urban Reserve Local Wetlands Inventory. (CP-17-117) Land Use, Legislativel
 
50.    Approval or Correction of the Minutes of the December 6, 2018 Regular Meeting
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-132 – SECOND READING - 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.
 
         80.2     COUNCIL BILL 2018-141 An ordinance awarding a one-year contract with an option of four one-year renewals to Pedemonte Law in the total amount of $306,260 to perform public defender services for the City of Medford.
 
         80.3     COUNCIL BILL 2018-142 An ordinance authorizing execution of an amendment to the Solid Waste Disposal and Landfill Capacity Guarantee Agreement between the City of Medford and Dry Creek Landfill, Inc., extending the existing agreement to January 1, 2049.
 
         80.4     COUNCIL BILL 2018-143 An ordinance authorizing the City Manager to apply to the Jackson County Circuit Court to appoint the City of Medford as the receiver for Tax Maplot 372W36BB 2700 known as 1039 Cherry Street.
 
                     COUNCIL BILL 2018-144 An ordinance authorizing the City Manager to apply to the Jackson County Circuit Court to appoint the City of Medford as the receiver for Tax Maplot 372W25BD 7900 known as 1530 West Main Street.
 
         80.5     COUNCIL BILL 2018-145 A resolution approving the Building Director’s selection of eligible properties for abatement pursuant to the Housing Receivership Ordinance of the City of Medford.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     Presentation of Plaques
 
         90.3     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   Foundation Board Appointments
 
         100.2   Further reports from City Manager
 
110.  Adjournment
 
 
 
MINUTES
December 20, 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, Tim D’Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski; Councilmember Kay Brooks was absent.
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
Employees from Fire and Police were recognized for their years of service. Police Officer Tim Pickens was recognized for receiving the Medal of Valor award from the Oregon Peace Officers Association.
 
30.    Oral Requests and Communications from the Audience
         30.1     Robert Shand expressed the need for ADA ramps around Third and Front and in the Liberty Park area, where sidewalks are also needed.
 
         30.2     Carolyn Shaw Straus, a property manager on S. Central, stated a noxious odor code is needed pertaining to hemp processing. Hemp processing is done in and outside of the building next to the property she manages.
 
         30.3     Danielle Stanford proposed a new provision for emergency shelter as an accessory use during times of emergency and natural disaster. She noted we have more people homeless than beds.
 
40.    Public Hearings
40.1     COUNCIL BILL 2018-138 A resolution adopting a fifth Supplemental Budget for the 2017-19 biennium.
 
            Chief Financial Officer/Assistant City Manager Ryan Martin presented the staff report.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-138 was duly adopted.
 
         40.2     COUNCIL BILL 2018-139 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 2.35 acres located at 2211, 2231, and 2251 Table Rock Road and 659 Berrydale Avenue from Urban High Density Residential (UH) to Service Commercial (SC). (CP-18-133)
 
                     Assistant Planning Director Kelly Evans presented the staff report. She noted the Planning Commission forwarded a favorable recommendation.
 
Public hearing opened.
 
Scott Sinner, Scott Sinner Consulting, spoke on behalf of the applicant and recommended approval of the ordinance. He stated with the approval of the Comprehensive Plan Amendment the process is less complicated.
 
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                    Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-139 was duly adopted.
 
         40.3     COUNCIL BILL 2018-140 An ordinance approving a legislative amendment to the Environmental Element of the Medford Comprehensive Plan to incorporate the 2016 Urban Reserve Local Wetlands Inventory. (CP-17-117)
 
                     Principal Planner Carla Paladino presented the staff report. Adopting the Local Wetland Inventory is required by State of Oregon Administrative rules, and is the final step in completing the Urban Growth Boundary Amendment process. The Planning Commission, she noted, recommended removal of a proposed wetland buffer from the version of the proposal that they reviewed. That provision had been removed and, Ms. Paladino stated, the proposal presented to Council was the one recommended by the Planning Commission for approval. Councilmember Bearnson questioned if a buffer would be addressed at a later date; Ms. Paladino stated at present it had been removed from the comprehensive plan amendment before Council tonight and is not part of this review. A buffer could be considered at some point in the future.
 
Public hearing opened.
 
Mike Montero, Montero and Associates, noted there are many agencies involved with wetlands. He urged the ordinance be approved. Councilmember Gordon asked if the City could do anything to expedite the permitting process. Mr. Montero noted early intervention and coordination is critical. Councilmember Wallan questioned if the Planning Commission wanted more changes besides the buffers. Mr. Montero responded that the Commission’s concern was that the proposed development code amendment that they reviewed was unclear and that they directed staff to have it come back as a separate issue in the future.  He noted that the Urban Growth Boundary Amendment process has been going on for 20 years and it is time to get it done.
 
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                               Seconded by:  Tim D’Alessandro
 
Councilmember Jackle did not think what Mr. Montero talked about is reflected in the Findings presented on pages 108 and 113 of the Council Packet. Planning Director Matt Brinkley explained the difference between the Safe Harbor and the ESEE process; it was staff’s opinion that the Safe Harbor is much more regulatory than the ESE process. He believes that the ESEE process included in the proposal before Council is more consistent with the Planning Commission’s desire for greater flexibility in the application of wetland regulations. The Commission had recommended this approach. He further stated that any wetland regulations implemented through an amendment to the Land Development Code would likely defer to existing permitting processes administered by the Department of State Lands and the Army Corp of Engineers.
 
Amended Motion: Findings should be understood in the context of Mr. Montero’s comments that the Planning Commission recommended that City should not implement its own local regulations that would do any more than minimum required by the City.
Moved by:  Tim Jackle                                                     Seconded by:  Dick Gordon
 
Councilmember Wallan stated she would remove everything except the inventory from what we are adopting. Councilmember Zarosinski verified to do one of two items an ESSE analysis or Safe Harbor. Mr. Brinkley responded to Councilmember Zarosinski’s question, reiterating the State requirements and the difference between the Safe Harbor and ESEE process. Councilmember Jackle was okay with the proposal as long as the Planning Commission’s intent was represented. Councilmember Zarosinski noted an amendment tries to at least capture what the Planning Commission intended.
 
Amended Motion Roll Call: Councilmembers D’Alessandro, Gordon, Jackle, Stine, Wallan and Zarosinski voting yes; Bearnson voting no.
 
Councilmember Zarosinski noted that unless we take authority for wetland regulation from the Army Corp of Engineers, which he doesn’t think we can, local regulations would just add another layer of bureaucracy that he does not think is necessary.
 
Main Motion Roll Call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-140 was duly adopted.
 
50.    Approval or Correction of the Minutes of the December 6, 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 2018-132 – SECOND READING - 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.
 
                     Councilmember Gordon requested clarification on what is a bicycle facility. Planning Director Matt Brinkley noted Chapter 10 does provide the definition of a bicycle facility and this definition was also added to the ordinance.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                               Seconded by:  Mike Zarosinski
 
Amended Motion: Amend 10.821.b.6(e) exemption for parking if the existing structure was built prior to January 1, 2019.
Moved by:  Michael Zarosinski                                         Seconded by:  Kim Wallan
 
Councilmember Zarosinski stated this would apply where there are smaller, lots in older, established neighborhoods, where there are narrower streets, and these neighborhoods would be impacted by this.
 
Amended Motion Roll Call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Wallan and Zarosinski voting yes; Stine voting no.
 
Main Motion Roll Call:  Councilmembers Bearnson, D’Alessandro, Gordon, Stine, and Zarosinski voting yes; Jackle and Wallan voting no.
Ordinance #2018-132 was duly adopted.
 
         80.2     COUNCIL BILL 2018-141 An ordinance awarding a one-year contract with an option of four one-year renewals to Pedemonte Law in the total amount of $306,260 to perform public defender services for the City of Medford.
 
Motion:  Approve the ordinance.
Moved by:  Kim Wallan                                                    Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-141 was duly adopted.
 
         80.3     COUNCIL BILL 2018-142 An ordinance authorizing execution of an amendment to the Solid Waste Disposal and Landfill Capacity Guarantee Agreement between the City of Medford and Dry Creek Landfill, Inc., extending the existing agreement to January 1, 2049.
 
                     Councilmember Gordon requested a staff report. Mr. Sjothun noted this extends the landfill   capacity guarantee for another ten years. In the 1990’s, federal obligations changed pertaining to capacity.
 
Motion:  Approve the ordinance.
Moved by:  Kim Wallan                                                    Seconded by:  Kevin Stine
 
Councilmember Wallan noted she has recently toured the Dry Creek Landfill and it is a remarkable operation. Councilmember Bearnson questioned if the capacity is only guaranteed if Rogue Disposal is the waste hauler; Gary Penning of Dry Creek Landfill stated the capacity is only with Dry Creek Landfill and does not involve Rogue Disposal. He also noted years ago there were two key pieces that the County wanted 1) the 30 year capacity and 2) all residents and collection companies are charged the same rate.
 
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-142 was duly adopted.
 
         80.4     COUNCIL BILL 2018-143 An ordinance authorizing the City Manager to apply to the Jackson County Circuit Court to appoint the City of Medford as the receiver for Tax Maplot 372W36BB 2700 known as 1039 Cherry Street.
 
                     COUNCIL BILL 2018-144 An ordinance authorizing the City Manager to apply to the Jackson County Circuit Court to appoint the City of Medford as the receiver for Tax Maplot 372W25BD 7900 known as 1530 West Main Street.
 
                     Building Director Sam Barnum presented a staff report. Councilmember Wallan questioned if there has been any response from the owner of 1039 Cherry Street; Mr. Barnum noted only one response with the first notice in 2017; there has been no response to the second notice, which was sent about 90 days ago.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-143 and 2018-144 were duly adopted.
 
         80.5     COUNCIL BILL 2018-145 A resolution approving the Building Director’s selection of eligible properties for abatement pursuant to the Housing Receivership Ordinance of the City of Medford.
 
                     Mr. Barnum presented the staff report.
 
Motion:  Approve the resolution.
Moved by:  Kim Wallan                                                    Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-145 was duly adopted.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     Presentation of Plaques
For serving on Council, a plaque was presented to outgoing Councilmember Tim Jackle and flowers presented to his wife. Councilmembers Zarosinski and D’Alessandro received a plaque for serving as Council President and Council Vice-President, respectively.
 
Certificate of Election(s) were presented to Councilmembers Bearnson, Stine, and Zarosinski.

 
 
         90.3     Committee Reports and Communications
                     a.   Councilmember D’Alessandro stated there will be a Medford Water Commission rate increase. A graph was presented showing various city water rates. Greg Jones was sworn in as a Water Commissioner board member.
 
                     b.   Councilmember Gordon would like the City Manager to address the issues contained in the handwritten document that was presented by Danielle Stanford under item 30.3.  City Manager Sjothun stated he will bring something back to Council next week. Councilmember Bearnson remarked that he heard about a Comprehensive Homeless Action Plan for Los Angeles while attending the National League of Cities Conference (NLC).
                    
100.  City Manager and Staff Reports
         100.1   Foundation Board Appointments
  1. Mr. Sjothun stated there are positions open for the Howard Memorial Sport Park Board as outlined in the memo at Council places.
 
Motion:  Appoint Dan O’Connor and Rich Rosenthal to the Howard Memorial Sports Park Board of Directors and to act on behalf of the City of Medford.
Moved by: Michael Zarosinski                                          Seconded by:  Tim D’Alessandro
 
Councilmember Zarosinski stated these are good choices. Councilmember Jackle noted the appointment of each trustee should be based on the individual, not on their status.
 
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Councilmember Zarosinski noted open nominations would be better vs. appointing the Council liaison to the Parks and Recreation Commission, as the Councilor who is the liaison does change. He stated he would be interested to serve on the Board. Mr. Sjothun noted you can appoint one or two board members.
 
Motion:  Appoint Councilmember Zarosinski to the Howard Memorial Sports Park Board of Directors to act on behalf of the City of Medford.
Moved by:  Tim Jackle                                                     Seconded by:  Kim Wallan
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Appoint Councilmember Stine to the Howard Memorial Sports Park Board of Directors and to act on behalf of the City of Medford.
Moved by:  Dick Gordon                                                  Seconded by:  Clay Bearnson
 
Mr.  Sjothun noted John Schleining is the fifth board member and will stay on for a period of time.
 
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Stine, Wallan, and Zarosinski voting yes; Jackle voting no.
Motion carried and so ordered.
 
Mr. Sjothun noted the by-laws for the trust do not have any language regarding the duration of time (terms) that board trustees are allowed to serve, but will be looking at the by-laws and sorting out these types of issues. Councilmember Wallan questioned if a councilmember left the Council would they be removed from the board; Mr. Sjothun noted they don’t have that figured out yet. Councilmember Wallan hoped that would be added to the by-laws.
 
         100.2   Further reports from City Manager
                     a.   Mr. Sjothun commented on the Continuum of Care handout presented to Council and appreciated what Councilmember Bearnson stated about what he learned at NLC.
 
                     b.   Mayor Wheeler noted this is our final meeting for 2018. We have accomplished a lot of things and he is proud of the group.
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 7:39 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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