Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, August 01, 2019

MINUTES
August 1, 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:
 
Acting Mayor Tim D’Alessandro; Councilmembers Clay Bearnson, Kay Brooks, Dick Gordon, Alex Poythress and Eric Stark; City Manager Brian Sjothun, Deputy City Manager Eric Zimmerman, City Attorney Lori Cooper, City Recorder Karen Spoonts
 
Mayor Wheeler and Councilmembers Kevin Stine and Michael Zarosinski were absent.
        
20.  Recognitions, Community Group Reports
         20.1     Recognitions
  1. Employee retirements
    Employees from Building and Police were recognized.
     
  2. Ceremony for Police Chief Randy Sparacino’s retirement and Swearing in of New Police Chief Scott Clauson
    Randy Sparacino was recognized on his retirement. City Manager Brian Sjothun stated that Mr. Sparacino will take Deputy City Manager Zimmerman’s place while he is on deployment for approximately nine months. Scott Clauson was sworn in as Police Chief.
     
Acting Mayor D’Alessandro called a 10 minute recess at 6:15 p.m.
 
 
The meeting reconvened at 6:35 p.m. with the same members present.
 
         20.2    Community Group Reports
a.   Friends of Parks and Recreation Awards
      Parks and Recreation Director Rich Rosenthal presented the following Friends of Parks and Recreation awards: Olsrud Family Service Award to Jerry MacLeod; Business Award to McGrath’s Fish House; Community Service Award to Rogue Love; Youth Service Group Award to Spartan Boxing Club; and Youth Award to Preston Jernigan. Not in attendance for Individual Award, Anne Gordon.
 
b.   Medford Parks and Recreation Foundation Play Day Youth Scholarship Presentation
Joe Brett and Raul Woerner presented on behalf of the Parks and Recreation Foundation Play Day Youth Scholarships a check in the amount of $20,000.
 
30.  Oral Requests and Communications from the Audience
30.1    Bianca Ballara, Beyond Toxics, stated many cities are banning pesticides and requested the same in Medford. An educational event will be held September 18-19.
 
30.2    Nick Morales, UNETE, requested better conditions for the lower income people and requested the City take part in the free educational event as mentioned above.
 
30.3    Craig Hilty, Superintendent of the Rogue Valley Country Club, stated how they have worked with the neighbors pertaining to noise and obtained a permit received from the City Manager’s Office years ago with no expiration date. Rogue Valley Country Club is asking for the City’s support.
 
30.4    Stephen Svinth, 56 N. Peach St., thanked Council for choosing Scott Clauson as Police Chief. He noted the neighborhoods are safer than they were.
 
40.  Public Hearings
         40.1     COUNCIL BILL 2019-76
                     AN ORDINANCE amending sections 10.012, 10.108, 10.200, 10.314, 10.703, and adding section 10.818A of the Medford Municipal Code. (DCA-18-144)
           
            Principal Planner Carla Paladino presented the staff report. The proposed legislative amendment is to permit Cottage Cluster Developments in three of the City’s Residential Zoning Districts. The Planning Commission recommended adopting the proposal based on the Council Report dated July 12, 2019, including Exhibits A through J.
           
            Councilmember Stark questioned if this is primarily for infill development; Ms. Paladino clarified the amendment would allow more homes on a lot. Councilmember Gordon questioned the lots in Cedar Landing; Ms. Paladino was not sure of their layout. Councilmember Gordon expressed concern with the number of regulations. Ms. Paladino noted it was not included in certain areas, such as SFR-4, and they looked at the comments received from AARP. Councilmember Brooks questioned parking due to close proximity to bus stations; Ms. Paladino stated it was not discussed at the Planning Commission and parking can be an issue that is appealable. Councilmember Bearnson questioned staff’s thought of excluding SFR-4; Ms. Paladino noted staff was in favor of it. Councilmember Poythress questioned the footprint and square footage; Ms. Paladino noted the 1200 sq. feet seemed to be a good balance. Councilmember D’Alessandro questioned minimum standard features; Ms. Paladino noted there was nothing specific, except porches in the front.
 
Public hearing opened.
Geoff Harris, Hayden Homes, stated that they work on Cottage Homes in other areas and provided information on what they have learned. He called this horizontal density and is affordable for people and can be rented or owned. They already have six floor plans that meet this code. If it is considered ˝ unit for density, SDC should be considered as that too.
 
Public hearing closed.
 
Motion:  Approve the ordinance with corrections noted: 1) a single family dwelling unit or two attached units located within a cottage cluster development and 2) cottage units shall not exceed an overall maximum floor area of 1,200 square feet.
Moved by:  Clay Bearnson                                             Seconded by:  Kay Brooks
 
Amended Motion #1: If approved, conduct a review of the Code in a 9-12 month time frame and report back to Council.
Moved by:  Dick Gordon                                                Seconded by:  Clay Bearnson
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress and Stark voting yes.
 
Amended Motion #2: Amend motion to allow second story to be the same footprint.
Moved by:  Alex Poythress                                            Seconded by:  Kay Brooks
Roll call:  Brooks, Gordon, Poythress and Stark voting yes; Bearnson and D’Alessandro voting no.
Motion passes.
 
Councilmember D’Alessandro questioned House Bill 2001 pertaining to housing and how we would have to pull those other areas in too. Councilmember Stark was not in support, such as infill development in SFR-4. He stated we should follow the Planning Departments recommendation. If we do SFR-4, then it should be limited such as a corner lot. Staff would recommend lot size of SFR‑4 of 15,000 sq. ft.
 
Amended Motion #3: Amend motion for a parking allowance of one space per cottage if ˝ mile from bike or bus facilities.
Moved by:  Kay Brooks                                                  Seconded by:  Clay Bearnson
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion passes.
 
Amended Motion #4: Amend motion to allow cottage development in SFR-4 corner lots only.
Moved by:  Eric Stark                                                      Seconded by:  Dick Gordon
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion passes.
 
Main Motion Roll call:  Bearnson and Brooks voting yes; D’Alessandro, Gordon, Poythress, and Stark voting no.
Ordinance #2019-76 fails.
 
Motion: Approve Planning Commission recommendation with corrections noted: 1) a single family dwelling unit or two attached units located within a cottage cluster development and 2) cottage units shall not exceed an overall maximum floor area of 1,200 square feet; to allow cottage development in SFR-4 corner lots only; and 15,000 sq. ft. lot size.
Moved by:  Eric Stark                                                      Seconded by:  Clay Bearnson
 
Amended Motion #1: Amend motion for a parking allowance of one space per cottage if ˝ mile from bike or bus facilities.
Moved by:  Kay Brooks                                                  Seconded by:  Clay Bearnson
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion passes.
 
Amended Motion #2: Amend motion to allow second story to be the same footprint
Moved by:  Alex Poythress                                            Seconded by:  Kay Brooks
Roll call:  Brooks, D’Alessandro, Poythress, and Stark voting yes; Bearnson and Gordon voting no.
Motion passes.
 
Amended Motion #3: If approved, conduct review of the Code in a 9-12 month time frame and report back to Council.
Moved by:  Kay Brooks                                                  Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion passes.
 
Main Motion Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion carried and so ordered.
 
         40.2    COUNCIL BILL 2019-77
                     AN ORDINANCE amending sections 10.108, 10.110, and 10.188 of the Medford Municipal Code pertaining to Procedural Requirements. (DCA-19-022)
 
            Ms. Paladino presented the staff report. The proposal is a legislative amendment to expand the list of projects that can be administratively approved as Minor Historic Review applications. The Planning Commission recommended adopting the revisions based on the Council Report dated July 25, 2019, including Exhibits A through J.
 
            Councilmember Gordon requested the inclusion of fire ratings on shingles. Ms. Paladino stated the Planning Commission did not want to make the call on the dais as they didn’t want to penalize those in the historical areas. She noted we could add the rating. Councilmember Stark thought composite was safe. Assistant Building Director Chad Wiltrout noted wood shingles are allowed except if too close to other buildings/property lines. Deputy Chief/Fire Marshall Greg Kleinberg noted he had a concern with wood shingles as they dry out with high temperatures and the treatment dries out. Councilmember D’Alessandro stated this should be addressed at another meeting.
 
Public hearing opened.
No one spoke.
Public hearing closed
 
Motion:  Approve the ordinance.
Moved by:  Alex Poythress                                            Seconded by:  Eric Stark
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Ordinance #2019-77 was duly adopted.
 
Motion:  Direct staff to research roof materials (shakes) and bring information back to Council via a study session.
Moved by:  Dick Gordon                                                Seconded by: Kay Brooks
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion carried and so ordered.
 
Acting Mayor D’Alessandro called a recess at 8:13 p.m.
 
 
The meeting reconvened at 8:21 p.m. with the same members present.
 
40.3    COUNCIL BILL 2019-78
A RESOLUTION adopting the first Supplemental Budget for the 2019-21 biennium.
 
            CFO/Deputy City Manager Ryan Martin presented the staff report.
 
Public hearing opened.
No one spoke.
Public hearing closed
 
Motion:  Approve the resolution.
Moved by:  Clay Bearnson                                             Seconded by: Alex Poythress
Roll call:  Bearnson, Brooks, D’Alessandro, Poythress, and Stark voting yes; Gordon abstained.
Resolution #2019-78 was duly adopted.
 
 
         40.4    COUNCIL BILL 2019-79
                     AN ORDINANCE amending Section 9.101 of the Medford Municipal Code pertaining to adoption of an Oregon Residential Specialty Code for wildfire hazard mitigation.
 
            Fire Marshall Greg Kleinberg presented the staff report.
 
            Councilmember Brooks questioned the chemicals due to the fire in Paradise. Mr. Sjothun questioned if this an all or nothing adoption; Mr. Kleinberg stated it has to be approved as is. Mr. Sjothun questioned the outreach done; Mr. Wiltrout stated Mahar and homebuilders have been notified and education and discussion has been given to the public. The Code must be consistent statewide. Mr. Kleinberg provided information on the Wildfire Hazard Zone, which is determined by ODF and Jackson County. Councilmember Gordon questioned if this will impact Fire District #2; Mr. Kleinberg noted this has to be a county wide ordinance. Mr. Kleinberg noted there could be an implementation date, which would be better than not doing anything at all.
 
Public hearing opened.
 
Bob Roe, 4597 Eagle Trace Drive, President of Eagle Trace Homeowners Association, stated they are in support of the ordinance.
 
Brad Bennington, Homebuilders Association, stated regulatory impacts are crippling the industry. The homes that survived in Paradise had a barrier around their home. Councilmember Bearnson questioned the average home price; Mr. Bennington noted they are around $200 square foot. Most people buying homes here are moving in the valley. He noted the homes built today are safer than years past, and people who want to safeguard their home using these precautions can do so.
 
Ryan Jennings, Hayden Homes, requested Council delay this and consider defensible space. Pertaining to Councilmember Brooks’ question, Benzene is a naturally occurring product and enters the water system through fires. Councilmember Stark noted this would be in the wildfire zone. Mr. Sjothun questioned if other cities have defensible space; Mr. Jennings stated they do with a 30’ parameter around the home.
 
Geoff Harris, Hayden Homes, noted this is an all or nothing code that only allows you to say yes or no. He stated defensible space is more effective.
 
Randy Jones, Mahar Homes, requested Council pause this so we could have a serious discussion on wildfire mitigation. He noted a lot of the things addressed Mahar Homes already does but there are areas that they don’t know how to do what is required. He would like to see a realistic line drawn on the wildfire zone. He noted the building officials cannot answer his questions that he provided. Councilmember Gordon thought we had to approve this; Mr. Jones stated it is optional and not one city in the state has adopted this. Mr. Sjothun stated that he would like time to have his questions answered; Mr. Jones agreed.
 
Ashland Division Chief Ralph Sartain stated the building community had time to work on this and noted this is the best we could do with all stake owners.  Councilmember Poythress questioned the role defensible space has on this; Chief Sartain noted that is a part of it but would need to be added as a resolution.
Public hearing closed
 
Councilmember D’Alessandro suggested that this come back at a date certain where the builders and the City can work together. City Attorney Lori Cooper noted this is an OAR and has a force of law.
 
Motion:  Direct staff to bring this back to Council on the first meeting in November and work with building folks in Medford.
Moved by:  Dick Gordon                                                Seconded by:  Alex Poythress
 
Councilmember Poythress would like this to go through the Housing Commission. Councilmember Bearnson questioned when was R24 adopted; Mr. Kleinberg noted it was adopted on January 24, 2019. He noted there was a public process in Salem and there were about 30 stakeholders that he alerted to this process. Building Director Barnum reached out to the building community after it was adopted, but they did not reach out to him.
 
Amended Motion #1: Amend motion to continue the meeting to October 17.
Moved by:  Kay Brooks                                                  Seconded by:  Clay Bearnson
Roll call:  Bearnson, Brooks, Gordon, and Stark voting yes; D’Alessandro and Poythress voting no.
Motion carried and so ordered.
 
Motion:  Continue the meeting until 11:00 p.m.
Moved by:  Eric Stark                                                      Seconded by:  Alex Poythress
Roll call:  D’Alessandro, Poythress, and Stark voting yes; Bearnson, Brooks and Gordon voting no.
Motion fails.
 
Motion:  Continue the meeting until 10:30 p.m.
Moved by:  Kay Brooks                                                  Seconded by:  Alex Poythress
Roll call:  Bearnson, Brooks, D’Alessandro, Poythress, and Stark voting yes; Gordon voting no.
Motion passes.
 
Main Motion Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion carried and so ordered.
 
50.  Approval or Correction of the Minutes of the July 18, 2019 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
60.  Consent Calendar
         60.2    COUNCIL BILL 2019-81
AN ORDINANCE authorizing the purchase of a 2019 Peterbilt Longline Striper from JX Truck Center, in the amount of $498,299.
 
         60.3    COUNCIL BILL 2019-82
                     AN ORDINANCE authorizing execution of Phase 1 of an Energy Savings Performance Contract (ESPC) with Ameresco, Inc., in the amount of $131,340.
 
         60.4    COUNCIL BILL 2019-83
                     A RESOLUTION initiating annexation to the City of Medford of  a portion of the North Ross Lane right-of-way, a portion of Highway 238 (Rossanley Drive) right-of-way, and a 58.1-acre tract of land. (A-19-003). 
 
         60.5    COUNCIL BILL 2019-84
                     AN ORDINANCE ratifying a Purchase and Sale Agreement in the amount of $99,000 between Portland Limited Partnership and the City of Medford, to acquire the .57 acre parcel located at 801 Central Avenue.
 
         60.6    COUNCIL BILL 2019-85
AN ORDINANCE ratifying settlement of the attorney fee award in the amount of $350,000, in Jackson County Circuit Court Case No. 080137L7.
 
         60.7    COUNCIL BILL 2019-86
                     AN ORDINANCE awarding the Jackson County Sheriff’s Office $185,000 from MADGE State Forfeiture funds to purchase a Smiths Detection B-Scan body scanner, to be utilized for Jackson County jail prisoner intake.
 
Motion:  Adopt consent calendar.
Moved by:  Eric Stark                                                      Seconded by:  Alex Poythress
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion carried and so ordered.  Council Bills approved: #2019-81, 2019-82, 2019-83, 2019-84, 2019-85, 2019-86
 
70.  Items Removed from Consent Calendar
Councilmember Gordon requested 60.1 be removed; Councilmember Bearnson requested 60.8 be removed.
        
 
         60.1     COUNCIL BILL 2019-80
                     A RESOLUTION denying the appeal filed by the 701 Jackson Street property owner for sidewalk repair and granting 701 Jackson Street property owner a 90-day extension to complete hazardous sidewalk repairs.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                             Seconded by:  Eric Stark
Roll call:  Bearnson, D’Alessandro, Poythress, and Stark voting yes; Brooks voting no; Gordon abstained.
Ordinance #2019-80 was duly adopted.
 
         60.8    COUNCIL BILL 2019-87
                     AN ORDINANCE adding section 2.176, to the Medford Municipal Code pertaining to creation of the Council Goals Fund.
 
Motion:  Approve the ordinance authorizing the addition of section 2.176 of the MMC to create a “council goals fund” amending 2.176(2) to read: “The purpose of this fund is to receive gross revenues received from the marijuana tax to provide funding restricted to expenditures required to implement goals adopted by the Council. Monies in this fund shall not be used for ongoing, operational expenditures. Council shall identify and prioritize goals, with corresponding funding amounts, as part of the biennial budget process. Except for those purposes established in this section, in no case shall revenues be transferred from the marijuana tax fund to the city’s general fund, or any other fund, for any other purpose.”
Moved by:  Clay Bearnson                                             Seconded by:  Kay Brooks
 
Councilmember Gordon questioned if this conflicts with 40.3; staff stated it does not.
 
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Ordinance #2019-87 was duly adopted.
 
80.  Ordinances and Resolutions
       80.1     COUNCIL BILL 2019-88
AN ORDINANCE authorizing an exception to Medford Municipal Code Section 5.225(e) allowing the Rogue Valley Country Club to operate powered lawn equipment outside of the times specified in that section.
 
Councilmember Stark noted he is a member of RVCC but did not have a conflict. Mr. Sjothun noted there was one complaint received and they have not been able to reach that person via phone.
 
Motion:  Approve the ordinance.
Moved by:  Alex Poythress                                            Seconded by:  Clay Bearnson
Roll call:  Bearnson, D’Alessandro, Gordon, Poythress, and Stark voting yes; Brooks voting no.
Ordinance #2019-88 was duly adopted.
 
         80.2    COUNCIL BILL 2019-89
                     AN ORDINANCE repealing section 6.940(1)(d) of the Medford Municipal Code pertaining to penalties for certain parking violations.   
        
Motion:  Approve the ordinance.
Moved by:  Dick Gordon                                                Seconded by:  Alex Poythress
 
Eric Mitton stated that when this provision was originally enacted, there were excess monthly permits going unused and this provision encouraged violators to convert their parking tickets to monthly parking passes. However, this Code section no longer serves a purpose, since there is now a waiting list for monthly parking permits.
 
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Ordinance #2019-89 was duly adopted.
 
90.  Council Business
       90.1     Proclamations issued
                     None
        
         90.2    Committee Reports and Communications
                     a.   Council Officers Update
                           In the interest of time, Councilmember D’Alessandro suggested Council read the minutes when they go out.
 
                     b.   Appointment to Police Advisory Committee
The Police Advisory Committee conducted interviews for their vacant Ward 4 representative position. They recommended Robert Roe for this vacancy.
                          
Motion:  Appoint Robert Roe to the Police Advisory Committee to serve as the Ward 4 representative, with a term beginning immediately and ending January 31, 2022.
Moved by:  Kay Brooks                                                  Seconded by:  Clay Bearnson
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, and Stark voting yes.
Motion carried and so ordered.
 
                     c.   Councilmember Stark questioned the supplemental budget and a future study session; Mr. Martin stated this was approved by motion tonight. Mr. Sjothun noted this will be coming to Council in the near future.
 
d. Councilmember Poythress stated there was no tourism meeting this month. He stated places such as Airbnb or Expedia are not collecting transient lodging fees.
 
100. City Manager and Staff Reports
         100.1  Mr. Sjothun stated upcoming G3 meetings can discuss Airbnb.
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 10:25 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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