Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, July 18, 2019

MINUTES
July 18, 2019       

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, Alex Poythress, Eric Stark, Kevin Stine, Michael Zarosinski* (*arrived as noted); Councilmembers Kay Brooks and Dick Gordon were absent.
 
City Manager Brian Sjothun; Deputy City Manager Eric Zimmerman; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Mayor Wheeler stated there will be a change to the format of tonight’s meeting. Council business will be taken care of before the public hearing portion of the agenda. Those speaking under Oral Requests will have two minutes to speak; those under Public Hearings will have three minutes to speak, unless applicant or appellant. He provided the rules pertaining to public hearings.
 
20.  Recognitions, Community Group Reports
        
30.  Oral Requests and Communications from the Audience
30.1    Harlan Bittner, President of Siskiyou Velo Bicycle Club, spoke about a recent bicycle event. He recognized Councilmember Stine for his participation.
 
30.2    Bob Shand talked about the number of cars who drove on Beatty Street within two days of reporting.
 
Out of sequence.
 
60.  Consent Calendar
         60.1    COUNCIL BILL 2019-67
                     An ordinance authorizing execution of a contract in an amount of $697,196.99 with Emergency Communications of Southern Oregon to provide fire dispatch services for fiscal year 2019-20.
 
         60.2    COUNCIL BILL 2019-68
                     An ordinance authorizing execution of a contract in an amount of $1,441,482.79 with Emergency Communications of Southern Oregon to provide police dispatch services for fiscal year 2019-20.
 
         60.3    COUNCIL BILL 2019-69
                     An ordinance awarding a two-year contract in an amount not to exceed $350,000.00 to Butler Automotive Group to provide police fleet maintenance services.
 
         60.5    COUNCIL BILL 2019-71
An ordinance awarding a contract in an amount of $503,502.50 to JRT Construction, LLC, for the Crater Lake Avenue and Owen Drive Intersection Improvements Project.
 
         60.6    COUNCIL BILL 2019-72
                     An ordinance awarding a contract in an amount of $1,280,000.00 to Knife River Materials for the purchase of bulk asphalt concrete supply through June 30, 2021.
 
         60.7    COUNCIL BILL 2019-73
An ordinance authorizing payment in the amount of $550,888.00 to Rocky Knoll, LLC for acquisition of real property between Hillcrest Road and McAndrews Road for street improvements.
 
         60.8    COUNCIL BILL 2019-74
An ordinance authorizing payment in the amount of $173,600.00 to Cogswell Limited Partnership for acquisition of real property on Foothill Road between Hillcrest Road and McAndrews Road for street improvements.
 
Motion:  Adopt consent calendar.
Moved by: Kevin Stine                                                    Seconded by:  Clay Bearnson
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, and Stine and voting yes.
Motion carried and so ordered.  Council Bills approved: #2019-67, 2019-68, 2019-69, 2019-71, 2019-72, 2019-73, 2019-74.
 
70.  Items Removed from Consent Calendar
Councilmember Stark requested 60.4 be pulled as his firm represents Rogue Disposal but has no conflict of interest.
 
         60.4    COUNCIL BILL 2019-70
An ordinance authorizing execution of an Addendum to the Solid Waste Collection Franchise Agreement with Rogue Disposal and Recycling, Inc., to continue leaf pickup services from November 1, 2019 to January 20, 2023.
        
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, and Stine voting yes.
Ordinance #2019-70 was duly adopted.
 
80.  Ordinances and Resolutions
       80.1    COUNCIL BILL 2019-62
                     SECOND READING An ordinance authorizing the establishment of a 20 mph designated speed for Valley View Drive, between Hillcrest Road and Capital Avenue.
 
                     Councilmember Stine questioned if there has been any change in notifying the neighbors about the speed limit; Mr. Crebbin stated there was not.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                        Seconded by:  Clay Bearnson
Roll call:  Bearnson, D’Alessandro, and Stark voting yes; Poythress and Stine voting no.
Ordinance #2019-62 was duly adopted.
 
         80.2    COUNCIL BILL 2019-75
                     An ordinance ratifying a Purchase and Sale Agreement in the amount of $360,000.00 between Mark Wimmer and the City of Medford, to acquire the 1.44 acre parcel located at 703 Central Avenue.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, and Stine voting yes.
Ordinance #2019-75 was duly adopted.
 
Back in sequence.
 
40.  Public Hearings
40.1    Consideration of an appeal of an administrative decision regarding a defective sidewalk at 711 W. Jackson Street.
        
Public Works Director Cory Crebbin presented the staff report and noted the property is located at 701 W. Jackson Street. Trees have caused sidewalk damage on W. Jackson Street. The Code does not provide relief to property owners due to tree damage.
 
*Councilmember Zarosinski arrived.        
 
Public hearing opened.
 
Cassie Jensen, 701 W. Jackson Street, thanked staff for their assistance. She provided information on the process that she has gone through so far, noting that the trees have caused damage to the sidewalks on Jackson and Summit Street. Ms. Jensen thought the City should be responsible. They need approval for the sidewalk grinding, which is not in Code. She noted some cities will pay for sidewalk assistance.
 
Councilmember Stine questioned how she would feel having a lien on their property. She noted they are a one wage earner family and can’t afford extra payments. Councilmember Zarosinski questioned if they owned the property when the ramp was changed. She noted they did not. She noted once the trees are removed, the roots still need to be removed, or the sidewalks will continue to have issues. Estimates so far run around $3,000.
 
Public hearing closed.
 
Councilmember Zarosinski questioned when the ramp was replaced and if there was any settlement based on the work the City did when they built the ADA ramp; Mr. Crebbin noted it was more than six years ago and could only speculate that roots were taken down at that time. Councilmember D’Alessandro questioned if the ADA will be replaced; Mr. Crebbin noted it will be when the road is repaired or if it is requested (then it goes on a list). Councilmember D’Alessandro questioned if the ADA ramp was done now could the sidewalk be repaired at the same time. Mr. Crebbin remarked replacing the ADA ramp would be about $6,000. Councilmember Stine questioned if the roots will be ground down; Mr. Crebbin stated they do stump grinding but they would not take out the roots under the sidewalk. Councilmember Poythress questioned if the trees were up to current code; Parks and Recreation Director Rosenthal noted these are not the recommended species of street trees but the Department would remove them for the sake of neighbor relations. He would have to research if the Department has the equipment and ability to abate tree roots underneath sidewalks. Councilmember Poythress stated if we planted the trees or recommended them, we should take responsibility. Councilmember Stine did not want to set a precedent. City Manager Sjothun questioned if we could add this to the next round of ADA ramps to be repaired and work with the property owner on a payment plan after the work is done. Mayor Wheeler noted the owner moved into this property a year ago and thought there was a way to do this equitably. Councilmember Zarosinski questioned if Jackson was an arterial street in residential zones; Mr. Crebbin noted that is true. There was discussion on the grinding from past years vs. the current standard. Councilmember Zarosinski noted the responsibility is the homeowners but questioned the panels by the trees and if there was movement to the ADA portion done previously. Mayor Wheeler would like the homeowner to work with staff and a competitive bid process. We could deny the appeal and allow time to work through the issue. Extension time of up to 150 days is allowed.
 
Motion:  Deny the appeal. The City to work with owner of property to come up with a solution, possibly including City replacement of the ADA ramp. Homeowner is responsible for sidewalk repair.
Moved by:  Tim D’Alessandro                                        Seconded by:  Kevin Stine
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Amended Motion:  Amend motion to grant a 90-day extension to work with staff.
Moved by:  Michael Zarosinski                                      Seconded by:  Clay Bearnson
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.     
 
Mayor Wheeler called a break at 7:00 p.m. due to a power outage.
The meeting resumed at 7:05 p.m. with all members present.
 
         40.2    COUNCIL BILL 2019-65
                     A resolution approving the appeal and reversing and modifying the decision of the Site Plan and Architectural Commission (SPAC) to deny plans for the construction of a 370 square foot coffee kiosk, a 3,300 square foot convenience store, and 1,304 square foot car wash and gas pumps on approximately 2.5 acres located at 1380 Springbrook Road within the C-C (Community Commercial) zoning district. AC-19-028
 
                     Planning Director Matt Brinkley presented the staff report and noted the additional exhibits that have been received. The property is located at the corner of Springbrook and McAndrews and is zoned C-C (Community Commercial) use. SPAC included conditions which are found on page 88 of the packet. Issues raised at SPAC included compatibility, traffic, site design, property values and crime, environmental impacts, red-tailed hawk, noise, lighting and glare, trash, and proximity to similar uses. SPAC’s final decision was a motion for denial based on intensity of the use not being compatible and aesthetics. Appeal analysis (assignments of error): 1) SPAC erred by improperly applying the compatibility standard 2) SPAC exceeded its jurisdiction by interpreting MLDC 10.200 to allow it to deny a use allowed under the zone 3) SPAC’s decision fails to include appropriate findings of fact and conclusions of law to support its denial and 4) there is not substantial evidence in the record to support the denial of AC-19-028. Staff recommended that the appeal be approved, and that SPAC’s decision be reversed, and the following conditions of approval be added 1) limit hours of operation to 6:00 a.m. to 10 p.m. 2) additional screening to include additional street frontage landscaping and additional screening for rooftop equipment and 3) move photometric analysis to discretionary condition.
 
                     Councilmember D’Alessandro questioned if remanding is an option. City Attorney Cooper stated staff would not want that due to the 120-day rule. The 120-day rule can be exceeded if applicant, in this case the appellant, agrees to an extension. Councilmember Zarosinski questioned evidence to support findings and errors in law. Councilmember Zarosinski questioned the HVAC screening on the roof, Mr. Brinkley noted it was raised about incompatibility but was dropped. Staff believed that additional screening could be conditioned.  Regarding light spillage, photometric analysis is not a code requirement, but could be imposed through a discretionary condition. Councilmember Stark mentioned that discretionary conditions are not optional for the applicant; rather, they are placed at the discretion of the Commission and not a requirement of the Code. He further stated noise, smell, and visual appearance could be addressed through landscaping and buffering but questioned if additional buffering could be required. Assistant Planning Director Evans noted there are other opportunities. The code-required buffer yard is currently 10 feet but could be increased. The code-required perimeter wall is 6 feet, but could be increased to a maximum of 8 feet; anything taller would require an exception. The vehicle stacking for the coffee kiosk is a recommended condition of approval and proposed dedicated turn lanes are a condition of the traffic analysis which was performed at zone change. Mr. Brinkley stated Council could affirm SPAC’s decision and provide adequate findings to support that decision, which SPAC failed to do in reaching its decision. The gas station is proposed to include four or six pumps. Ms. Evans noted the difference between the Neighborhood Commercial and Community Commercial zones is lot coverage; but the difference between lot coverage for those zones would not likely reduce the size of the proposed development in this particular case.  Mayor Wheeler questioned the car wash dryer and noise. Mr. Brinkley noted that this concern could be addressed by restricting hours of operation and through the City’s current noise ordinance, which regulates how much noise could be heard. Additional mitigation of noise could be addressed through conditions requiring noise study and compliance with that study. Ms. Evans provided information on the decibels and stated it depends on use and hours of operation.
 
Mayor Wheeler asked whether any councilmembers had ex-parte contacts to disclose. Councilmembers D’Alessandro, Poythress and Stark had calls from citizens regarding this appeal, but stated this would not affect their decision.
 
Public hearing opened.
  1. Stuart Foster, attorney for appellant, reserved rebuttal time. The subject property is a 2-1/2 acre parcel and falls way below the maximum coverage. There is a letter from the architect that lays out a great number of items addressed. It will be bicycle and pedestrian oriented. The applicant has no problems with conditions presented tonight. We are appealing denial of SPAC as they thought the uses were not compatible with the residential neighborhood, which is beyond the authority of SPAC. They can only impose reasonable conditions of the development. There is a 10 foot landscape buffer adjacent to the wall. The Code requires landscaping to grow to 20 feet tall within ten years. The City Council designated this as Commercial. It was rezoned to Community Commercial in 2015 by the Planning Commission. The applicant agrees with the conditions as presented, and agreement to additional conditions and even additional wall height along property lines. They request that Council reverse the SPAC decision, adopt the Planning staff’s interpretation that is in the record, direct Planning staff, in consultation with the applicant, consistent with the conditions discussed tonight, to bring back a proposed draft resolution for Council with proposed conditions. The applicant would then agree to a 30-day extension. Councilmember Stark asked about mitigating sound, increasing the landscape buffer, and limiting hours of operation for the entire development. Mr. Foster thought this could be discussed. Councilmember Stark asked if the restricted hours of operation would be for the entire development. Mr. Foster responded that he understood the hours would be 6 a.m. to 10 p.m. for the entire development.
 
Mayor Wheeler called a break at 8:25 p.m. and resumed at 8:39 p.m. with all members present.
 
  1. Shara Baack stated she is against the development presented.
  2. Dolly Behrens opposed the commercial development.
  3. MT Dimick thanked SPAC for listening to them and opposed the development.
  4. Jeff Feyerham talked about compatibility of this next to homes.
  5. Nick Geil believed SPAC acted properly. This use is not compatible to this neighborhood.
  6. Jack Juhkentaal talked about mixed use and how this does not fit in this location. Councilmember Stark questioned if he was talking about the project as a whole; Mr. Juhkentaal stated he was.
  7. Evan Lipson was concerned with safety, noise, traffic, and gas pollution.
  8. Joan Middendorff stated there are noise and traffic issues already and opposed the development.
  9. Nicole Milam urged a Traffic Impact Analysis be completed before any approval is done for this property.
  10. Gary Sumrak stated the applicant did not give all neighbors proper notice.
  11. Mark Tuai, attorney with Brophy Schmor, representing one of the neighbors, stated there was clear evidence of SPACs decision. Councilmember Zarosinski questioned compatibility and how does anyone meet that with any neighborhood. Mr. Tuai noted SPAC used a determination that is in the Code
  12. James Leavens has not seen commercial anywhere where there is residential on all sides. SPAC made a decision on this two months ago, and they are appointed by Council. His property is 3 feet above this property and would be close to the garbage bin.
  13. Robin Lee noted the zoning process was inadequate. Community Commercial should not fit this development, and vehicles miles will be worse.
  14. Ronald Nichols disagreed with this project in our neighborhood.
  15. Joe Weber is against the development presented.
  16. Lindsey Geil expressed health concerns regarding toxic chemicals due to gasoline emissions.
  17. Laura Coruso talked about how difficult it is to get out of her driveway on McAndrews due to heavy traffic. She was concerned about future retail being more than one story.
  18. Michael Hurt stated he lives directly next door to this development. Nobody wants this in the neighborhood.
  19. Virginia Baker thought this development should be in another location.
  20. Stuart Foster noted this was established as Community Commercial, should bring pedestrian traffic, which could reduce vehicle miles traveled. He asked Council to reverse the decision of SPAC with the conditions he mentioned earlier.
 
Public hearing closed.
 
Councilmember Stine stated this is zoned C-C and questioned compatibility. Mr. Brinkley stated that SPAC has to look at criteria within its authority, namely the functional and aesthetic adequacy of proposed development. SPAC can decline a permitted use if it is based on the criteria they can review but they did not do that. This property was evaluated for traffic when the zone change was done. Council is now at the position that SPAC was in and have the opportunity to make those findings. Councilmember Bearnson questioned if we can dictate hours of operation; Mr. Brinkley noted this has not happened before and it addresses issues that have been brought up, such as a noisy car wash, or a convenience store that is operating late hours. Councilmember Zarosinski questioned odor, noise, lights, traffic and questioned vehicles per day on McAndrews and Springbrook. Mr. Crebbin noted 22,000 cars a day currently pass through the intersection. Staff expects 3,000 trips/day for this development. Mr. Crebbin was unsure if the driveways accessing the development were full movement or not. A safety analysis has been done. Mayor Wheeler questioned the choke point on E. McAndrews where it narrows to one lane in either direction and are there any plans to widen that portion of McAndrews. Mr. Crebbin noted nothing is budgeted at this time, though widening is a project in the City’s Transportation System Plan. If left turns would create a safety issue, the City could install medians to prevent left turns from entering the site.
 
Motion:  Extend meeting to midnight.
Moved by:  Alex Poythress                                            Seconded by:  Michael Zarosinski
Roll call:  D’Alessandro, Poythress, Stark, Stine and Zarosinski voting yes; Bearnson voting no.
Motion carried and so ordered.
 
Councilmember Zarosinski questioned data on 86 calls for service for mischievous activity; Mr. Brinkley noted that was data from Phoenix.  Deputy Police Chief Clauson spoke and stated he was not familiar with those statistics. Chief Clauson did look at the plans and assessment of the neighborhood, and believes this plan is well lit with a modern buildings. Hours are important too. Regarding concern about notice with zone change, Mr. Brinkley noted the question before the City Council tonight was whether SPAC erred in its decision, and not a zone change from 2015. Mayor Wheeler questioned intensity of use; Mr. Brinkley said that SPAC was trying to address this issue but never provided any clear definition or explanation of what it meant by intensity.
 
Councilmember Zarosinski thought we could add a condition of no left turns on Springbrook. He doesn’t think he can change the zoning through the appeal process. Odor and idling cars are a concern. The further away from the residences the better. Lighting is addressed. Noise ordinance and studies we could require. He hopes to minimize the impact as much as possible as this can be appealed higher up. Councilmember Poythress stated that as their Ward representative, this is a bad situation. He talked about the requirements and zoning required in order to add to the city’s Urban Growth Boundary. He was not confident that City Council could come up with findings to defend SPAC’s decision if the matter were reviewed by the Land Use Board of Appeals.
 
Motion:  Approve the resolution approving the appeal and reversing the SPAC decision to deny AC 19-028, including the Condition of Approval on page 88, and adding conditions limiting hours of operation from 6 a.m. to 10 p.m., screening as recommended by staff, moving the condition requiring a photometric analysis from a Code requirement to a Discretionary Condition, adding a 8 foot wall on the northerly and easterly property lines, and limiting the car wash hours from 8 a.m. to 6 p.m.
Moved by:  Kevin Stine                                                   Seconded by:  Michael Zarosinski
 
Amended Motion #1:  Amend motion to require a ingress/egress and a traffic safety analysis.
Moved by:  Tim D’Alessandro                                        Seconded by:  Kevin Stine
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Amended Motion #2:  Amend motion to limit hours of operation for the coffee kiosk from 6 a.m. to 10 p.m.
Moved by:  Alex Poythress                                            Seconded by:  Kevin Stine
Roll call:  D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Bearnson voting no.
Motion carried and so ordered.
 
Amended Motion #3:  Amend motion to continue hearing 30 days to allow the applicant to meet with staff and refine conditions, including size of the buffer, landscaping the buffer to mitigate visual appearance, noise, smell, include left turn restrictions on McAndrews and Springbrook as necessary.
Moved by:  Eric Stark                                                      Seconded by:  Alex Poythress
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Mr. Sjothun noted this item will come back to Council on August 15
 
Amended Motion #4:  Amend the amended main motion that the decision to reverse the SPAC denial was based council’s finding that SPAC improperly applied the use of compatibility and had a lack of findings to support their decision; and adding conditions due to overwhelming and valid concerns of the neighbors regarding safety of the traveling public, noise and light pollution, and to limit impact to the surrounding neighborhood, and to adopt staff’s Executive Summary regarding the appeal decision.
Moved by:  Michael Zarosinski                                      Seconded by:  Kevin Stine
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Main Motion Roll call: D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Bearnson voting no.
Resolution #2019-65 was duly adopted as amended.
 
         40.3    COUNCIL BILL 2019-66
An ordinance proclaiming annexation to the City of Medford, portions of the Lozier Lane right-of-way from Stewart Avenue to West Main Street, and withdrawal of said properties from Medford Rural Fire Protection District #2, effective pursuant to State law. A-19-002
 
                     Dustin Severs, Planner III, presented the staff report.
 
Public hearing opened.
Janet Lee and Robert Turkbly opposed the annexation.  Neither wanted their property annexed into the city.
Public hearing closed.
 
It was noted this annexation does not apply to any homeowner’s property; the City is not proposing to annex any private properties through this action.
 
Motion:  Approve the ordinance.
Moved by:  Michael Zarosinski                                      Seconded by:  Alex Poythress
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes.
Ordinance #2019-66 was duly adopted.
 
50.  Approval or Correction of the Minutes of the June 20, 2019 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
90.  Council Business
       90.1    Proclamations issued:
                        Ice Cream Month – July 2019
                        Parks and Recreation Month – July 2019
                        Smart Irrigation Month – July 2019
        
         90.2    Committee Reports and Communications
                     a.   Councilmember Bearnson stated the Housing Advisory Commission conducted interviews for the vacant position as a Realtor & Multifamily Housing Operator representative. They recommended John Stranahan for this vacancy.
 
Motion: Appoint John Stranahan to the Housing Advisory Commission to serve as the Realtor & Multifamily Housing Operator representative, with a term beginning immediately and ending January 31, 2021.
Moved by:  Clay Bearnson                                             Seconded by:  Kevin Stine
Roll call:  Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
100. City Manager and Staff Reports
         100.1  Further reports from City Manager
 
110. Adjournment
There being no further business, this Council meeting adjourned at 11:21 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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