Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, April 16, 2015


 
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                    April 16, 2015
 
 
The meeting was called to order at noon in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Clay Bearnson, Kevin Stine, Eli Matthews, Michael Zarosinski, Tim Jackle and Chris Corcoran.
 
Councilmember Daniel Bunn was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
Employee Recognition
Sgt. Joshua Reimer, Police Detective was recognized as the Employee of the Quarter.
 
Employees from Planning and Public Works Department were recognized for their years of service.
 
Matthew Sutton, Public Works Department was recognized for his promotion to Public Works Technician.
 
Gary Hatten, Police Officer was recognized for his retirement.
 
20.     Approval or correction of the minutes of the April 2, 2015 regular meeting
         There being no corrections the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Quarterly Update by SmithWest
Chris Smith addressed the Council and provided an update on their activities including transportation funding, appropriation bills, and the FEMA consultation issue regarding Everett Washington
 
30.2   Jessica Gomez, representing Sustainable Valley Initiative addressed the Council and introduced the new Program Director Rosetta Shaw.  She provided an overview of the activities of the organization in promoting entrepreneurship.
 
Councilmember Corcoran questioned the change in the mission of the organization.  Ms. Gomez noted that they have learned a lot about the local community and these lessons have clarified the assistance that the companies need.  They have revised their programs to better support these businesses.
 
30.3   Courtney Coughlin and Chris Anderson, Inn At The Commons, Medford addressed the council to request a modification on the parking management on the North Riverside Lot.  Ms. Coughlin noted she had met with the Parking Commission to discuss how parking passes are currently allocated in the contract they have with the City.  They currently get 500 passes per month that are restricted for use at a rate of 100 per event.  She would like to request that the contract be modified to allow them to receive the 500 with flexibility in how these are utilized during the month.  She noted she often has left over passes as some of the events have 30-40 attendees and the additional passes cannot be used for a different event.  Ms. Coughlin noted that if the Council would agree to the added flexibility, she would agree to not using more than 100 in any one day.
 
Lynette O’Neal, Assistant to the Deputy City Manager addressed the Council and confirmed that Ms. Coughlin did present to the Parking Commission.  The Parking Commission agreed to 500 per month be allowed and utilized as requested by Ms. Coughlin for a period of three months.  The Commission also recommended that Pay by Phone be installed in the N. Riverside Lot. 
 
Councilmember Corcoran questioned what impact it would have if changed.  Ms. O’Neal noted that the Parking Enforcement personnel have to be able to enforce and permits for the lot are also issued to individual users.  Councilmember Corcoran spoke to the agreement which he views was a partnership between the City and the Inn At The Commons.  He feels that the Inn At The Commons should have senior parking rights to support this convention center and that the City’s need would be secondary.  Ms. O’Neal noted that the Parking Fund owns the lot and that all users should be treated the same.  She noted the Parking Fund has to maintain the lot and ensure all the agreement requirements are met.
 
Councilmember Gordon agreed with Councilmember Corcoran regarding the partnership.  He requested clarification of the request.  Ms. O’Neal restated the request.
 
Councilmember Bearnson noted he felt that the request could be accommodated for the three month period and then this issue be revisited after the final development of the lot.
 
Motion:  Allow modification to agreement with Inn At The Commons to allow them to use the 500 passes allowed by contract throughout the course of any month, for a period of three months, with no more than 100 utilized by day.
Moved by:  Dick Gordon              Seconded by:  Eli Matthews
Roll Call:    Councilmembers Dick Gordon, Eli Matthews, Clay Bearnson, Tim Jackle, Eli Matthews, Kevin Stine and Michael Zarosinski voting yes.
Motion carried and so ordered.
 
40.     Consent calendar
40.1   COUNCIL BILL 2015-33  A resolution initiating the vacation of a portion of a public alley located between East Main Street and Euclid Avenue, approximately 295 feet west of Academy Place.  (SV-15-023)
 
40.2   COUNCIL BILL 2015-34  An ordinance awarding a contract in the amount of $767,067.76 to Knife River Materials, Inc., to perform asphalt pavement overlays on various city streets.
 
40.3   COUNCIL BILL 2015-35  An ordinance authorizing Change Order #5 to a contract with Vitus Construction, Inc., in the amount of $14,735.20 for additional infrastructure development at the new parking lot located at 10th and Oakdale Streets.
 
Motion:  Adopt the consent calendar.
Moved by:  Eli Matthews              Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Eli Matthews, Chris Corcoran, Clay Bearnson, Dick Gordon, Kevin Stine, Tim Jackle and Michael Zarosinski voting yes.
Motion carried and the following Council bills were duly adopted:  2015-33, 2015-34 and 2015-35.
 
50.     Items removed from consent calendar
 
60.     Ordinances and resolutions
60.1   Consider a petition to waive the penalties and interest assessed Mehtan Inn’s for late payment of Transient Lodging Tax.
 
Alison Chan, Finance Director provided a staff report.  She noted that this organization has been late previously and the current Finance Department policy is a waiver of penalties and interest once every three years. 
 
Councilmembers discussed the current policy and Councilmember Jackle noted he felt the policy should be comparable to IRS rules with a  5-day grace period.
 
Councilmember Stine questioned if this was a wide spread issue and Ms. Chan noted that this is not an issue for most businesses.
 
Motion:  Sustain the petition and refund the late fees and penalties.
Moved by: Tim Jackle                  Seconded by:  Michael Zarosinski
 
Councilmember Zarosinski noted he felt the penalty is punitive.  Councilmembers further discussed the City policy and need to clarify the code language pertaining to this issue.
 
Roll Call:  Councilmembers Tim Jackle, Michael Zarosinski, Dick Gordon and Chris Corcoran voting yes. Councilmembers Clay Bearnson, Eli Matthews and Kevin Stine voting no.
Motion carried to a second reading.  (*See note under item 160.2 (c) – not a second reading)
 
Motion:  Direct staff to revised ordinance regarding transient lodging tax payment delinquency date policy and process and include a grace period.
Moved by:  Tim Jackle                 Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Tim Jackle, Chris Corcoran, Dick Gordon, Clay Bearnson, Michael Zarosinski, Kevin Stine and Eli Matthews.
Motion carried and so ordered.
 
60.2   COUNCIL BILL 2015-36  A resolution rescinding Resolution No. 8515 and Sections 3, 4, and 5 of Resolution No. 6838 pertaining to reimbursement rates for mileage, meals and lodging for City Councilmembers.
 
Councilmember Jackle question Councilmember Bunn’s previous question regarding the language in the Medford  Charter regarding Councilmember reimbursements.  Lori Cooper, City Attorney noted she had reviewed the Medford Charter and that did not affect this issue.  Councilmembers requested clarity on the language and effect of the policy.  Alison Chan, Finance Director gave an overview and noted that the Council Finance Committee would have the authority to make exceptions.
 
Motion:  Adopt the resolution pertaining to reimbursement rates for mileage, meals and lodging for City Councilmembers.
Moved by:  Clay Bearnson                        Seconded by:  Eli Matthews
Roll Call:  Councilmember Clay Bearnson, Eli Matthews, Chris Corcoran, Dick Gordon, Tim Jackle, Kevin Stine and Michael Zarosinski voting yes.
Resolution 2015-36 was duly approved.
 
70.     Council Business
70.1   Councilmember Corcoran spoke to a request by Senator Bates that the City submit a letter to him requesting that Senate Bill 931 be until the February 2016 session.  A letter has been drafted as requested and was distributed to the Council for review.
 
Motion:  Authorize the Mayor to submit the letter to Senator Bates requesting Senate Bill 931 be held till the February 2016 session to allow City staff to meet with affected property owners.
Moved by:  Chris Corcoran                       Seconded by:  Kevin Stine
Roll Call:  Councilmembers Chris Corcoran, Kevin Stine, Clay Bearnson, Tim Jackle, Michael Zarosinski, Eli Matthews and Dick Gordon voting yes.
Motion carried and so ordered.
 
Councilmember Gordon spoke to the letter submitted by CSA & Associates and requested that the staff analyze the information.
 
70.2   Councilmember Corcoran spoke to Governor Brown being in Medford on April 13th and speaking to her regarding the work being done on Hawthorne Park.
 
70.3   Councilmember Corcoran spoke to the groundbreaking on April 14th by the Chamber Leadership Class for the natural playground facility at Hawthorne Park.
 
80.           City Manager and other staff reports
80.1   Capital Improvement Project Update Report – Brian Sjothun
Mr. Sjothun addressed the Council and provided an update on the Capital Improvement Projects.  He noted that the Parks & Recreation Leisure Services Plan Update Survey has been distributed to the Council.
  
80.2   Mr. Swanson noted that there is an upcoming radio spot on KCMX on April 21st and if someone is interested in attending to let staff know.
 
80.3   Mr. Swanson noted that the Medford Forum on April 23rd will be Brian Sjothun speaking about the Leisure Services Plan Update.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               Municipal Clerks Week, May 3-9, 2015
 
 90.2   Further Council committee reports.
 a.   Councilmember Matthews reported on the Alba Sister City Association meeting and that the recent student exchange went very well.  He noted that the annual Taste of Alba event will be in May 30th.
        
 b.   Councilmember Bearnson reported that the Arts Commission has chosen the artists for the I-5 Pillar Project.
 
 90.3   Further remarks from Mayor and Councilmembers.
a.   Councilmember Stine noted he had attended Pear Blossom Run and Parade and it was a great event. 
 
b.   Councilmember Stine reported on attending an event hosted by ACCESS on Veterans/Homelessness.  He noted that the issue that the non-profits dealing with this issue are having is not funding but actually being able to locate rentals for these individuals.
 
c.   Councilmember Gordon spoke to the Jackson County Treatment Court graduations and encouraged Councilmembers to attend if possible.
 
d.   Councilmember Corcoran spoke to the density of internet companies and that Southern Oregon Regional Economic Development, Inc. will be presenting to the Council in a study session soon to address how they are altering their business approach.
 
100.   Adjournment to the evening session
         The business adjourned to the evening session at 1:37 p.m.
 
***********************************************************
EVENING SESSION
 
The evening meeting was called to order at 7:10 p.m. in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff:
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Clay Bearnson, Kevin Stine, Eli Matthews, Michael Zarosinski, Tim Jackle and Chris Corcoran.
 
Councilmember Daniel Bunn was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
 
120.   Public hearings
120.1    COUNCIL BILL 2015-37  An ordinance amending Sections 10.012, 10.314, 10.337, and 10.813 of the Medford Code pertaining to beekeeping.  (DCA-15-014) (Land Use, Legislative)
 
Jim Huber, Planning Director addressed the Council and introduced Carla Paladino, Planner III. Ms. Paladino addressed the Council and provided an overview of the code amendment. She noted that the current code does not allow bee keeping except in an agriculture overlay.  She noted that the Planning Commission supports the ordinance.  She reviewed the types of hives that would be allowed, the registration process and the requirements of water and flyaway barriers.  She spoke to the public emails and letters that have been received and are included in the agenda packet. 
 
Councilmembers questioned how the ordinance would be enforced and Ms. Paladino noted it would be on a complaint basis and enforced by Code Enforcement.
 
                     Councilmembers discussed the number of hives per lot size. 
 
Public hearing opened.
1.  Richard Dumanowski, 2602 McAndrews Road, Medford, addressed the Council and noted he was a hobby bee keeper.  He spoke in support of the ordinance except that he would be restricted from having a hive as he lives in a multi-family residential area.

2.  Scott Allison, 891 Beswick Way, Ashland, addressed the Council and spoke in support of the ordinance.  He spoke to his experience with his hives and that the neighbors have found that his hives have been beneficial. 

3.  Ashley Boughner, 2160 Greenbrook Dr., Medford, addressed the Council regarding the ordinance.  She spoke to her research in bee sting deaths and that this a minor risk with only 51 known deaths nationwide.  She was in support of the ordinance but did not intend to have a hive.

4.  Sarah Red-Laird, 285 Wightron Street, Ashland, spoke in support of the ordinance. 

5.  Ellen Wright, 97 Pine Street, Ashland, spoke in support of the ordinance.  She spoke to the issue of bee stings and that honey bees are not aggressive. 

6.  Pamela Biele, 812 N. Modoc Ave., Medford, addressed the Council and spoke in support of the ordinance.  She is planning to become a bee keeper in Medford.

7.  Jami Ronda, 1244 Covina Ave., Medford, addressed the Council in support of the ordinance.  She is planning to become a bee keeper.

8.  Jena Harris, 16 Florence Ave., Medford, addressed the Council and spoke in support of the ordinance.

9.  Larry Edwards, 6225 Tamarack Lane, Central Point, addressed the Council in support of the ordinance.

10.  Jesse Botens, 210 Fordham, Medford, addressed the Council and spoke in support of the ordinance.
Public hearing closed.
 
Motion:  Adopt the ordinance amending Chapter 10 of the Medford Code pertaining to beekeeping with an amendment to require written permission from property owner for renters to have hives.
Moved by:   Clay Bearnson                       Seconded by:  Kevin Stine
 
Councilmembers discussed the motion.  Councilmember Jackle noted he would not support as he would prefer this use be addressed via a Conditional Use Permit process.    Councilmember Zarosinski expressed concern with the number of hives being allowed in a residential area.  Councilmember Gordon also expressed concern on the number of hives and how the proposed language could allow for 30 hives in Single Family Residential 10 (SFR-10) zoning.
 
Roll Call:  Councilmembers Clay Bearnson, Chris Corcoran, Eli Matthews and Kevin Stine voting yes. Councilmembers Dick Gordon, Michael Zarosinski and Tim Jackle voting no.
Motion carried to a second reading.
 
130.   Ordinances and resolutions
        
140.   Council Business
 
150.   Further reports from the City Manager and staff
        
160.   Propositions and remarks from the Mayor and Councilmembers
160.1    Further Council committee reports.
          
160.2    Further remarks from Mayor and Councilmembers.
a.  Councilmember Gordon noted he had distributed a flyer for a new event, the Pear Blossom Bike Ride for 2016.
        
b.  Councilmember Gordon noted that the Site Plan & Architectural Commission is still has vacancies.  He encouraged Council to seek applicants.  Councilmember Jackle noted that it might be helpful if the meetings were held in the evening versus during the work day. 
 
c.  City Attorney Lori Cooper noted that the appeal heard on noon would not need a second reading but would be brought back as a resolution to adopt the Council findings at the next meeting.
 
170.   Adjournment
         There being no further business the meeting adjourned at 8:15 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.
 
 
 
Glenda Wilson
City Recorder

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