Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, August 15, 2019

MINUTES
August 15, 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, Dick Gordon, Alex Poythress, Eric Stark, Kevin Stine, Michael Zarosinski; Councilmember Kay Brooks was absent.
 
City Manager Brian Sjothun; Deputy City Manager Eric Zimmerman; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
20.  Recognitions, Community Group Reports
       20.1     Employee Recognitions                                                               
a.  Employee Anniversaries
Employees from Public Works, Engineering, Fire, and Police were recognized for their years of service.
     
b.   Employee of the Quarter
Building Department Development Services Administrator Carol Wedman was recognized as Employee of the Quarter.
 
       20.2     Community Group Reports
a.   Quarterly Travel Medford Update – Eli Matthews
Eli Matthews presented the quarterly Travel Medford update and spoke of new hotels coming into Medford, introduced the marketing team, and noted marketing has been successful. A new Travel Medford/Welcome Center information desk will be at the airport, manned 9 a.m. - 3:30 p.m. seven days a week. Mayor Wheeler thanked Travel Medford and Inn at the Commons for their assistance with the Oregon Mayors Association, which was recently here.
 
b.   Quarterly Economic Development Update – Colleen Padilla
Colleen Padilla, Executive Director of SOREDI, presented the quarterly economic development update. Regional strategy was addressed with thirty different focus groups to date; she encouraged everyone to take the survey located at their site.  A “business friendly” framed proclamation was presented to Mayor Wheeler.
 
c.   Quarterly Report from Alba Sister City Committee – Robin Snider
Robin Snider, President of the Alba Sister City Committee, spoke about the Alba students coming to Medford in September, the newly elected Alba Mayor Carlo Bo, who invited two people from Medford to attend the truffle festival, and in October 2020 Alba will be celebrating our 60th year as sister cities in their city.
        
30.  Oral Requests and Communications from the Audience
Mayor Wheeler noted the public hearing has been closed pertaining to Circle K and no new information can be entered into the discussion.
 
30.1       Daniel Joseph, Medford Gun Club, expressed concerns with transportation planning pertaining to Lear Way extension, Vilas accesses, and Vilas Road extension.
 
30.2       Robert Shand, Medford, spoke about annexing right-of-way and requested as the City seeks to gain more there are items that need to be repaired within the city, such as Bear Creek, Greyhound sign, and the fountain at Alba.
 
30.3       Those speaking against the Circle K development: Ron Nichols, Judy Farnsworth, Janis Jackson, Gary Sumrak, Patricia Anderson, Steve McNeal, Marty Dixon, and James Farnsworth.  City Attorney Lori Cooper stated the public hearing has been closed and no public input can be added.
 
30.4       Cathy Miller, Medford, spoke on behalf of all Normil Terrace neighborhoods, stated they are not opposed to development above them or Normil Terrace becoming a City, vs. County Road. Their biggest concern is access.
 
30.5       Clark Stevens, Richard Stevens & Associates, spoke in favor of the Normil Terrace exchange to the City. It is a standard County road, and can be made safer once the City owns the road. He noted the developer is looking at options for another road into the development and the project will be going to the Planning Commission.
 
40.  Public Hearings
40.1     COUNCIL BILL 2019-90
            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 1.34 acres located east of Crater Lake Avenue and north of Forest Hills Drive, Urban High Density Residential (UH) to General Industrial (GI).  (GLUP-19-001)
        
Planner Dustin Severs presented the staff report. The applicant for the project is RVTD; agent is CSA Planning. He noted RVTD would like the property reverted back to the original GLUP map designation. RVTD purchased the property in 2018 to expand their property. The Planning Commission forwards a favorable recommendation to approve the amendment per the staff report dated July 3, 2019, including Exhibits A-K.
 
Councilmember Zarosinski questioned the incompatibility next to residential; Mr. Severs noted additional findings would be needed for General Industrial and the discretion of the approving authority, which is the Planning Commission. Councilmember Gordon questioned buffering requirements; Mr. Severs stated a 6’ wall and buffering landscaping would be needed and SPAC would be reviewing for those issues. Councilmember Stine questioned are we still meeting our marks if we take this out of high density; Mr. Severs noted we are deficient in housing, although no comments were received from DLCD or any other housing entity. Planning Director Matt Brinkley stated things go back and forth, where GLUP changes goes the other way.
 
Councilmember D’Alessandro stated he would be recusing himself as he is employed by RVTD and left the dais. Councilmembers Gordon and Poythress, both representing this ward, have not talked to anyone about this project.
 
Public hearing opened.
Raul Woerner, CSA Planning, representing RVTD, was in support of the minor amendment to the GLUP map. He stated the information from the neighboring property was incorrect pertaining to when the zoning was changed. He provided information on what the adjacent property requested in 2001. He noted RVTD was next to the proposed property before the residential neighborhood went in. He also stated CSA Planning submitted a housing development on Arrowhead.
 
Councilmember Gordon stated Mr. Woerner provided documentation tonight that he has not read nor are there enough copies for Council.
Public hearing closed.
 
Motion:  Approve the ordinance excluding CSA Planning’s submission as part of the findings.
Moved by:  Michael Zarosinski                                      Seconded by:  Clay Bearnson
 
Amended Motion: Continue public hearing to the next Council meeting of September 5, 2019.
Moved by:  Dick Gordon                                                Seconded by:  Alex Poythress
 
City Attorney Cooper noted Council could allow information provided by CSA Planning as part of the record, but not part of the findings. Council could base their findings on other parts of the record. Councilmember Poythress noted he would like to read the facts presented tonight.
 
Amended Motion Roll call:  Bearnson, Gordon, Poythress, Stark, and Stine voting yes; Zarosinski voting no.
Motion carried and so ordered.
 
Councilmember D’Alessandro returned to the dais.
 
         40.2    COUNCIL BILL 2019-91
                     AN ORDINANCE amending sections 10.033, 10.108, 10.124, 10.185, 10.188, 10.190, 10.194, 10.204, 10.309, 10.310, 10.314, 10.705, 10.708, 10.712, 10.713, 10.714, 10.716A, 10.717, 10.721, 10.747, 10.749, 10.750, 10.752, 10.821, 10.823, 10.824, 10.837, and 10.933 of the Medford Municipal Code to make housekeeping corrections and minor changes. (DCA 19-001)
 
Principal Planner Carla Paladino presented the staff report and stated the Planning Commission voted in favor of the proposed amendments during their June 27 hearing.
 
Councilmember Stine questioned Planning Commission’s recommendations; Ms. Paladino stated staff had originally proposed eliminating the requirement that a property must abut the zone in order to be changed to that zone, Planning Commission thought keeping the abutting requirement was appropriate. She provided information on the density range that Planning Commission decided on. Councilmember Zarosinski questioned when duplexes are acceptable on SFR-4; Mr. Paladino stated it was rather confusing, hence the reason for the changes.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Councilmember Bearnson questioned what staff would like pertaining to option 1 or 2; Ms. Paladino stated staff offered the options based on comments heard from the Council at the May study session that more should be done to promote density. Staff did not offer a preferred option. Councilmember Stine questioned abutting another property on SFR-10 zones; Ms. Paladino stated only one of the criteria needs to be met, not all of them. Councilmember D’Alessandro thought the lot size for a duplex was too small.
 
Motion:  Approve the ordinance.
Moved by: Eric Stark                                                       Seconded by: Alex Poythress
 
Amended Motion #1: Amend motion to change table for minimum lot size of SFR-4 to be 10,125 and SFR-6 to be 6,750.
Moved by: Michael Zarosinski                                       Seconded by: Tim D’Alessandro
 
Mayor Wheeler called a break at 8:38 p.m. and returned at 8:50 p.m. with same members present.
 
Amended Motion #1 Roll call:  D’Alessandro, Gordon, and Zarosinski voting yes; Bearnson, Poythress, Stark, and Stine voting no.
Motion fails.
 
Amended Motion #2: Amend the motion to not change the lot area range in 10.713 for the SFR-4 and SFR-6 zones; the intention is to keep the square footage as shown and adjust lot dimensions as needed.
Moved by: Michael Zarosinski                                       Seconded by: Dick Gordon
Roll call:  D’Alessandro, Gordon, Poythress, and Zarosinski voting yes; Bearnson, Stark and Stine voting no.
Motion carried and so ordered.
 
Amended Motion #3: Amend the motion to choose option #2, reducing the acres from three to one.
Moved by: Kevin Stine                                                    Seconded by: Clay Bearnson
Roll call:  Bearnson, Stine, and Zarosinski voting yes; D’Alessandro, Gordon, Poythress, and Stark voting no.
Motion fails.
 
Main Motion Roll call:  Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Ordinance #2019-91 was duly adopted as amended.
 
50.  Approval or Correction of the Minutes of the August 1, 2019 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
60.  Consent Calendar
         60.2    COUNCIL BILL 2019-93
                     AN ORDINANCE authorizing a contract with Univar Solutions for supply and delivery of sodium hypochlorite and sodium bisulfite, in the amount of $193,200.00, for use at the Regional Water Reclamation Facility. 
        
Motion:  Adopt consent calendar.
Moved by:  Clay Bearnson                                             Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills approved: #2019-93
 
70.  Items Removed from Consent Calendar
Councilmember Gordon requested an exhibit map be shown.
 
60.1     COUNCIL BILL 2019-92
            A RESOLUTION establishing a public hearing date for the vacation of excess right-of-way for the Larson Creek Trail on a parcel located at 816 Black Oak Drive in the SFR-4 (Single-Family Residential, 2.5 to 4 dwelling units per gross acre) zoning district (SV‑19‑046).
 
            Cory Crebbin, Public Works Director, presented the staff report. He noted the easement has been realigned and is being paved today and tomorrow. Councilmember Gordon appreciated St. Mary’s for the easement they are giving to the City.
 
Motion:  Approve the resolution.
Moved by:  Dick Gordon                                                Seconded by:  Eric Stark
Roll call:  Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
        
80.  Ordinances and Resolutions
       80.1     COUNCIL BILL 2019-94
                     A RESOLUTION reversing and modifying the Site Plan and Architectural Commission’s decision to deny plans for the construction of a 370 square foot coffee kiosk, a 3,300 square foot convenience store, and 1,304 sq. 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) 
 
                     Mr. Brinkley provided changes per Council’s direction and stated that correspondence received after the public hearing cannot be considered. He stated the 120 day deadline is August 19, 2019. Issues and conditions were presented as follows: Glare (require a photometric analysis prior to the issuance of the first permit); operating hours (store fuel & coffee: 6 a.m. to 10 p.m.; car wash 8 a.m. to 6 p.m. although applicant requests 7 a.m. to 8 p.m.); traffic and access (prior to the issuance of the first building permit for vertical construction, the applicant shall receive confirmation from the City Transportation Manager that the traffic study submitted as part of the zone change for the property addressed the operations, safety and queueing on the site and that the site can safely accommodate the two full movement driveways with the addition of the left turn storage); buffering (8’ wall on north and east, mix of deciduous and conifer trees, and glare protection of streets, including 3-foot wall); noise (require a noise study prior to the issuance of the first permit); landscaping (revised landscape plan); odor (requires compliance with statutory requirements); applicant proposes prior to the issuance of the Certificate of Occupancy for the fuel station, the applicant will comply with all requirements applicable to the site for vapor recovery and containment as required by the State of Oregon DEQ).
 
                     Councilmember Stine questioned the condition regarding the car wash hours and what happens if the appellants don’t agree. Mr. Brinkley noted the appellants can appeal the decision, they can violate the condition of approval and the City will send code enforcement, or they live with condition as written, and in the future ask SPAC to modify. Councilmember Stine questioned the mitigation for headlights; Mr. Brinkley noted the perimeter of the parking lot and the intent is where the cars are parked. Councilmember Stark questioned the landscape plan; Assistant Planning Director Kelly Evans stated it would be a required landscape plan consisting of three areas: frontage, inside, and buffer yard landscaping. Ms. Evans noted a building helps with headlights so a wall won’t be need around the perimeter of the land.
 
Motion:  Approve the resolution with conditions as attached under Agenda Item 80.1.
Moved by:  Michael Zarosinski                                      Seconded by:  Tim D’Alessandro
 
Councilmember Zarosinski stated he would be concerned if this was in his neighborhood although he has seen it work.
 
Amended Motion #1:  Amend motion to require the car wash to be closed on Sunday.
Moved by:  Kevin Stine                                                   Seconded by:  No one seconded
Motion failed for a lack of a second.
 
Amended Motion #2:  Amend motion to limit car wash hours on Sunday from 10 a.m. - 2 p.m.
Moved by:  Michael Zarosinski                                      Seconded by:  Kevin Stine
Roll call:  D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Bearnson voting no; Gordon abstained.
Motion carried and so ordered.
 
Amended Motion #3:  Amend motion to have the car wash closed from 3 p.m. – 5 p.m. Monday through Saturday for a siesta.
Moved by:  Clay Bearnson                                             Seconded by
Motion failed for a lack of a second.
 
Amended Motion #4:  Amend motion to limit car wash hours on Sunday from 10 a.m. - 4:30 p.m.
Moved by:  Tim D’Alessandro                                        Seconded by:  Michael Zarosinski
Roll call:  D’Alessandro, Stark, and Zarosinski voting yes; Bearnson, Poythress, and Stine voting no; Gordon abstained. Mayor Wheeler voted no.
Motion failed.
 
Main Motion Roll call:  D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Bearnson voting no; Gordon abstained.
Resolution #2019-94 was duly adopted as amended.
 
         80.2    COUNCIL BILL 2019-95
                     AN ORDINANCE authorizing execution of a Jurisdictional Exchange Agreement in the amount of $300,000 between the City of Medford and Jackson County to provide roadway maintenance and improvements on 17 roadway sections.
        
                     Deputy Public Works Director Alex Georgevitch presented the staff report. The proposed request includes 17 street segments that total approximately 4.19 linear miles. Several of these segments are not fully improved; hence the $300,000 that Jackson County would provide for future maintenance. He provided information on the application for development of approximately 90 acres in the Normil Terrace area. The County will not recommend approval of development while they have jurisdiction of Normil Terrace.
 
                     Councilmember Bearnson questioned how far the $300,000 will go for 17 roads; Mr. Georgevitch explained how the money could be used to improve Normil Terrace or some other road. Not all 17 streets need improvement. Councilmember Bearnson questioned how you prioritize as Orchard Home needs to be repaired as well. Public Works Director Cory Crebbin noted Orchard Home is a local access road, so it was not the County’s responsibility. Usually the County does not offer any money with jurisdictional transfers. The County could appeal to this body should the City approve the development if the jurisdictional exchange is not approved. City Manager Brian Sjothun questioned if conditions could be placed on the development application before this jurisdictional exchange is approved. Mr. Georgevitch stated he tried to negotiate with the County and they were not willing to budge. The application is with the City and it is going to the Planning Commission shortly. Having stipulations on the zone change is expected. Councilmember Zarosinski stated the developer needs to improve the road, not the City.
 
Motion:  Extend the meeting to 10:30 p.m.
Moved by:  Kevin Stine                                                   Seconded by:  Eric Stark
Roll call:  D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Bearnson and Gordon voting no.
Motion carried and so ordered.
 
Motion:  Approve the ordinance.
Moved by:  Eric Stark                                                      Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Ordinance #2019-95 was duly adopted.
                                                                                                                                                          
90.  Council Business
       90.1     Proclamations issued:  None.
        
         90.2    Committee Reports and Communications
                     a.   Council Officers: Oregon Recovers proclamation will be before Council in September. Councilmember Stine requested majority vote on Council language regarding the Council Goal Fund; mercy for a first time parking ticket.
                     b.   Parks & Recreation Commission Youth Position
Motion:  Appoint Vanesa Gonzalez to the Parks & Recreation Youth position effective immediately and ending June 30, 2020.
Moved by:  Kevin Stine                                                   Seconded by:  Alex Poythress
Roll call:  Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered. 
 
                     c.   Mayor Wheeler stated Dee Smith from St. Vincent de Paul will trade garbage for bus passes. They hope to clean up the greenway and other places.
 
                     d.   Councilmember Bearnson stated there are appointments needed for Housing Advisory Commission and can we pull from applicants not appointed; Councilmember Zarosinski stated interviews with the liaison would be appropriate. He also thought a recruitment would be helpful.
 
                     e.   Councilmember D’Alessandro stated a TRADCO meeting was held on Tuesday which was well attended.
 
                     f.    Councilmember Zarosinski was in Washington, DC where he was asked to meet with those who Councilmember Bearnson and D’Alessandro had already met with.
 
                     g.   Councilmember Stark attended two Jail Advisory Committee meetings which have been informational. Councilmember D’Alessandro requested agenda copies.
 
                     h.   Mayor Wheeler stated he can’t tell you how proud he was of Medford and Travel Medford for the recent Mayor’s Conference held in Medford and the many compliments received from the mayors.
 
100. City Manager and Staff Reports
                    
110. Adjournment
            There being no further business, this Council meeting adjourned at 10:24 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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