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City Council Minutes

Thursday, July 02, 2015

July 2, 2015
12:00 p.m. 
Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon
The regular meeting of the Medford City Council was called to order at 12:00 noon in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Chris Corcoran, Dick Gordon, Tim Jackle, Kevin Stine, Michael Zarosinski
City Manager Pro Tem Bill Hoke; Acting City Attorney Kevin McConnell; Deputy City Recorder Karen Spoonts
Councilmember Eli Matthews was absent.
20.    Approval or correction of the minutes of the June 18, 2015 regular meeting
         There being no additions or corrections, the minutes were approved as presented.
30.    Oral requests and communications from the audience
         Mayor Wheeler thanked staff for the new gavel.
30.1        Friends of Medford Parks and Recreation Awards     
Parks and Recreation Brian Sjothun presented the annual Friends of Medford Parks and Recreation Awards. This year’s award winners are: Individual – Gerald Hall; Business – State Farm Insurance; Community Service Group – Special Olympics Oregon, Jackson County; and Youth Individual or Group – S.F. Giants Community Fund. Mayor Wheeler thanked all of the volunteers.
Mr. Sjothun invited Council to the Torch Relay for the Special Olympics World Games Sunday at the Harry & David Field.
30.2        Steve Sartin, 253 E. Main, stated that he was sitting on the fence pertaining to the opening of OMMP dispensaries although he has smoked marijuana since he was 18. The average stereotype that goes with pot smokers is such a mixed bag; after researching how marijuana helps people with various illnesses he is now on a mission to help those who need marijuana for medical reasons.
30.3        Phil Carvallo, owner of Patients Helping Patients, urged Council to approve medical marijuana dispensaries.
Acting City Attorney McConnell stated that there is still litigation with Mr. Carvallo and we are not allowed to speak to him.
40.    Consent calendar
50.    Items removed from consent calendar
60.    Ordinances and resolutions
60.1     COUNCIL BILL 2015-71  Ordinance authorizing execution of a contract in the total amount of $1,874,223.26 with Emergency Communications of Southern Oregon to provide police and fire dispatch services for fiscal year 2015-16.
Motion:  Adopt the ordinance authorizing execution of a contract in the total amount of $1,874,223.26 with Emergency Communications of Southern Oregon to provide police and fire dispatch services for fiscal year 2015-16.  
Moved by:  Daniel Bunn                                             Seconded by: Chris Corcoran 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes.
Ordinance # 2015-71 was duly adopted.
60.2     COUNCIL BILL 2015-72  Ordinance authorizing execution of an Agreement between the City of Medford and Teamsters Local 223/Medford Municipal Mechanics concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2014, through June 30, 2018.
Staff requested this be pulled from the agenda.
60.3     COUNCIL BILL 2015-73 Ordinance providing for the compensation of the City Manager Pro Tem.
         Motion:  Adopt the ordinance providing for the compensation of the City Manager Pro Tem.  
Councilmember Bunn noted that this is the same compensation package that was awarded previously. Councilmember Corcoran remarked that was four years ago after former City Manager Mike Dyal retired. Councilmember Stine questioned the car allowance of $750 a month; Human Resource Director Mike Snyder noted that it was the same amount that was given the last time. Councilmember Stine questioned which employees have a car allowance and if there is a formula that states how much to give. Mr. Snyder stated that upper management does have a car allowance. Mr. Hoke stated that his contract was negotiated with the Mayor and there was no formula.  Councilmember Corcoran stated that one would think that you are behind a desk and questioned how much time Mr. Hoke is away from the office; Mr. Hoke noted that he is out about one-third of the time, either driving or walking. He also takes care of Economic Development. Councilmember Corcoran noted that with Economic Development you are tasked with driving potential clients around.
Moved by:  Daniel Bunn                                             Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes.
Ordinance #2015-73 was duly adopted.
         Mayor Wheeler thanked Mr. Hoke for stepping up as City Manager Pro Tem.
70.    Council business
a.         Councilmember Bunn stated that there is a new process on collecting the transient lodging tax although it is more burdensome on staff.
b.         Media opportunities are available should any Councilmember be interested.
c.         Councilmember Bunn mentioned that we will again be sending letters to the editor.
d.         The State of the City address will be Thursday, July 13 at the Rogue Valley Country Club.
e.         The proposed design of a new conference table for the Medford Room was presented. The large tree which was removed from the new parking lot was sent to a mill in Central Point and will be used for various applications, such as this table. If Council approves, the table will be made to fit the room. City Manager Pro Tem Hoke stated that the drawing is from Prison Industries and their work is good; Assistant Parks and Recreation Director McKown is taking the lead on this project. Mr. Hoke further stated that since we are redoing the audio/video in the Medford Room we thought this would be a nice compliment.
f.          Councilmember Jackle questioned if we still have the grace period for the transient lodging tax ordinance. Finance Director Chan noted that the ordinance is on her to do list and there will be clarification on the ordinance.
g.         Councilmember Corcoran noted there is a position open for the youth member on the Parks and Recreation Commission; Preston Jernigan was interviewed for the position and Councilmember Corcoran remarked how impressed he was with this young man.
Motion:  Appoint Preston Jernigan to serve as youth member on the Parks and Recreation Commission   
Moved by:  Chris Corcoran                                        Seconded by: Clay Bearnson 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
h.         Councilmember Gordon expressed concern with the planning on the transient lodging tax and the draft contract with Travel Medford. Mr. Hoke remarked that the draft was sent to Council to solicit remarks and that the Chamber is working on their part. Mr. Hoke requested comments be sent to him so that they can be presented to the negotiating team. Councilmember Gordon noted that he did that with the first go-around but there are still errors pertaining to the names on the contract. Mr. Hoke requested Councilmember Gordon meet with him after the meeting.
80.    City Manager and other staff reports
80.1     Wetlands update
Planning Director Jim Huber presented the wetlands update. A wetlands consultant had presented a wetland inventory as part of the Urban Reserve. This is part of the urban growth amendment process and must comply with Goal 5. There was an open house in March where all property owners were invited and a meeting last night to present the draft report. The total study area is over 6,000 acres. The next step is to compile the data, refine the draft report and receive more public input. Once approved by the State, Planning staff will incorporate it into the Comprehensive Plan.  Council will see this again Spring of next year.
Councilmember Corcoran questioned if it was known wetlands or in buildable lands; Mr. Huber remarked that this won’t affect the buildable lands too much and is what they have expected.  
80.2   Further reports from City Manager
a.   Recruitment Process for the City Manager
Mr. Hoke requested Council’s input on the City Manager recruitment process by the end of next week. He stated that there is flexibility for Council to get into the process and is designed to keep us within legal requirements. Mr. Hoke remarked that Human Resources Director Mike Snyder and Purchasing Agent Jennifer Huston were both involved in this as well.
Councilmember Jackle questioned if a Citizens’ Committee will be appointed and if so, he would like to get them involved now so that we can receive their input as well. Mr. Hoke noted that you can add the citizen input anytime you like but expressed caution with an interview committee too large as it needs to be manageable. The intent all along was that there would be a Citizens’ Committee. Councilmember Jackle would like their input even with the headhunter as he has never done this before.  Councilmember Corcoran agreed with Councilmember Jackle’s comments and many in the community have more experience than councilmembers do. Council discussed public meeting laws. Mayor Wheeler thought we should select three or four executives in our community that have experience with this. Councilmember Bunn noted that we can get this going and the committee shouldn’t delay the process. Councilmember Corcoran did not want to issue the Request for Qualifications (RFQ) until a committee looks at this. Councilmember Jackle agreed.
90.    Propositions and remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
         90.2    Further Council committee reports
a.   Councilmember Zarosinski questioned what the process is for the RFQ; Mr. Hoke noted that we can start with the input needed from Council on who they want on the Citizens Committee. Councilmember Bearnson questioned if we can put a cap on the number of Chamber members. Mayor Wheeler noted that the focus will be on the qualifications of the executive. Councilmember Bunn stated that a formal vote can be taken on July 16. Mayor Wheeler requested all information be brought back to staff by the end of next week.
90.3   Further remarks from Mayor and Councilmembers
a.   Mayor Wheeler stated that there is a Council Study Session immediately following this meeting pertaining to Federal Lobbyist and there will be an Executive Session prior to the evening session at 6:45 p.m. tonight. He remarked that the meeting tonight may not start at 7:00 p.m.
100.  Adjournment to the Council Study Session located in the Medford Room
Council adjourned to the Council Study Session at 1:02 p.m.
7:00 P.M.
The regular evening session of the Medford City Council was called to order at 7:10 p.m. in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Dick Gordon, Tim Jackle, Kevin Stine, Michael Zarosinski
City Manager Pro Tem John W. Hoke; Acting City Attorney Kevin McConnell; Deputy City Recorder Karen Spoonts
Councilmembers Chris Corcoran and Eli Matthews were absent.
110.   Oral requests and communications from the audience
Mayor Wheeler thanked Deputy City Recorder Karen Spoonts for the flags at the dais.
120.   Public hearings
Acting City Attorney Kevin McConnell read a statement on conducting quasi-judicial land use hearings.
120.1   COUNCIL BILL 2015-74 Resolution approving the extension of Lozier Lane to Orchard Home Drive as part of the Lozier Lane Extension Project. (TF-15-056)
Planning Director Jim Huber presented the staff report, the approval criteria and the location of this project on the adopted Southwest Medford Circulation Plan. He noted that there were two new letters received and were at Council’s places. Planning Commission does recommend approval.
Councilmember Zarosinski questioned the report from the Planning Commission pertaining to recommendations from the Planning Department; Mr. Huber noted that it would be reviewed at a later time during the design stage.
Councilmember Bearnson questioned the spike on the map.  Mr. Huber noted it was a walkway and there is right-of-way for that already.
Councilmember Jackle questioned if this is just the land use portion and does not condemn property; Mr. Huber stated that was correct.
Public hearing opened.
Public Works Director Cory Crebbin remarked that Public Works is the applicant and that this is one of the 17 transportation projects. Mr. Crebbin addressed the issues that were brought up in public comments. The final speed on the road will be either 30 or 35 mph. Reclassifying Orchard Home Drive will need to be done at a later time through the Comprehensive Plan. One property owner requested curb tight sidewalks although they do not live on this stretch. Council can provide a conditional approval for eliminating the planter strips based on what the majority of people want. As far as swales in the planter strip that has to do with grades and storm water drainage so we don’t look at that in the preliminary design phase but we can look at that later. 
Councilmember Gordon questioned if the neighbors will have an opportunity to give testimony on the planter strips at a later time; Mr. Crebbin noted that they have been noticed and this is the time for them to voice their opinion. Councilmember Gordon questioned if this would come back to Council; Mr. Crebbin noted that it would for a construction contract as there is no federal money involved and there is no resolution of need required.
Councilmember Bunn questioned how the initial speed is determined. City Engineer Alex Georgevitch indicated that the speed limit on that street varies from 30 and 35 mph and will be determined by Engineering for this portion of the road.
Councilmember Bearnson questioned if the reclassification would have an adverse effect on traffic on Orchard Home Court. Mr. Crebbin noted that Council can only approve this particular project, not the Comprehensive Plan.
Councilmember Zarosinski questioned if there was something in our code addressing curb tight and a wider sidewalk.  Mr. Crebbin indicated that would have to be an exception by Council as currently it is five feet. 
Chris Miller, 1802 Orchard Home Drive, expressed concern with not addressing the reclassification now. She questioned why we do not use Columbus Avenue as a north-south collector and keep Orchard Home Drive as a smaller road, but allow bicycles, sidewalks, with no additional parking for homeowners. Mr. Crebbin presented a map that addressed Ms. Miller’s concern and indicated the project does not go down to her home.
Councilmember Bearnson questioned if the ultimate goal is to have street curb sidewalks and planter strips down to South Stage as time goes on.  Mr. Crebbin noted that right now it is in the Comprehensive Plan adopted by the City Council that we have planter strips on all Medford streets.  So either the Planning Commission or the City Council has to positively say “we don’t want planter strips on that street”.  Normally that happens at a public hearing on a development application or for a transportation facility application.
Councilmember Zarosinski asked if there is on street parking on collector streets. Public Works Engineering Technician Craig Howe noted there is parking on the east side of the street but parking will be removed from both sides.
Councilmember Gordon questioned if Ms. Miller could comment on parking.  Ms. Miller stated that she wanted to remove the park strip and parking on the side of the road. Councilmember Bunn asked who was responsible for the planter strips. Mr. Crebbin noted that this would be maintained by the City. Councilmember Zarosinski questioned who maintains the planter strips. Councilmember Bunn noted that the Parks Department does but does not have the budget to keep all planter strips maintained.
Mayor Wheeler requested Mr. McConnell’s thoughts. Mr. McConnell suggested continuing this item to allow time for more input. Mr. Crebbin provided the Code 606.730 which indicated it is the City’s responsibility for the park strip.  Councilmember Gordon questioned if this is in the design stage and the planter strips could be eliminated. Mr. Huber asked if he was referencing the memo from Planning Department Planner Carla Paladino.
Public hearing closed.
Councilmember Bunn indicated he likes planter strips and we either need to put money into taking care of them or change the Transportation System Plan (TSP) and eliminate them. We should not grant exceptions here and there. Councilmember Zarosinski agreed and questioned what we do now. Council discussed the placement of the sidewalks. Mayor Wheeler noted that we need a consistent policy pertaining to taking care of planter strips.
Mr. Crebbin noted that Council has conditioned irrigation to be installed. The project does pay for it but would preclude treatment of storm water. Mayor Wheeler questioned do we need the bioswale per our code. Mr. Crebbin stated that we will need to meet the storm water standards one way or another and we might not be able to do that in the planter strip if the planter strip is landscaped.
Councilmember Gordon questioned if we can approve and review the final drawings before it goes to bid. Mr. Huber presented the choices they had; this is a land use decision and Council can approve, modify, deny, or remand.
Councilmember Bunn noted that our standards are not perfect or ideal and conditional is not the right thing to do.
Motion:  Approve the resolution authorizing the Lozier Lane extension project as recommended by the Planning Commission.
Moved by:  Councilmember Daniel Bunn                   Seconded by: Councilmember Clay Bearnson
Councilmember Bearnson expressed concern that there is a planter strip on Orchard Home Drive and it would be inconsistent to what already exists. Councilmember Zarosinski is torn and is not thrilled to add another planter strip that will not be taken care of. Councilmember Stine questioned what the timeline is; Mr. Crebbin noted that it has been on the plan since 1996, a continuance will not impact it but changing the Comprehensive Plan would not be done in this budget. Councilmember Bearnson questioned how far would the planter strip would go. Mr. Georgevitch provided information on where planter strips are located.
Roll call:  Councilmembers Bearnson, Bunn, Gordon, Jackle, Stine, and Zarosinski voting yes.
Resolution #2015-74 was duly adopted.
120.2   COUNCIL BILL 2015-75  Ordinance amending Sections 10.012, 10.146, 10.337, 10.667 and 10.840 of the Medford Code pertaining to uses in commercial and industrial zoning districts, procedures, and protocol in the land use permitting process. (DCA 15-052)
Mr. Huber stated that these are “spring cleaning” amendments and include brewery-public house; codifying existing referral agency procedures; adding a manufacturing use similar to others already allowed in C-H; security for public improvements; and portable storage containers. He questioned if City Council would want to leave the portable storage containers ordinance as is or initiate an amendment to allow portable storage containers because the ordinance has sunsetted.
Councilmember Jackle questioned the brew house amendment and if we can have a McMenamins.  Mr. Huber provided information on the OLCC permit for cider and stated that we have not had anyone request that. Councilmember Jackle questioned the portable storage units and stated that is a limited land use decision and requires notice to neighbors, therefore he is not in favor of this ordinance. He stated that he was concerned with the conditions of Wal-Mart pertaining to storage. Mr. Huber noted this was heavily discussed at a Planning Commission study session. Councilmember Bunn questioned how much time they spent on it; Mr. Huber indicated they were very thorough and had more than one study session. Councilmember Bearnson questioned if they were allowed to have the storage units there year round; Mr. Huber noted that they are not.
Public hearing opened.
John McBride, Wal-Mart, stated that the storage units are used during the holiday time with a 30-day extension.
Public hearing closed.
Mr. McConnell stated that Section 10.840(6) will be omitted from the motion as it has sunsetted.
Motion:  Approve Council Bill 2015-75, sections 1 through 4 which omit the amendments to section 10.840(6).   
Moved by:  Daniel Bunn                                                  Seconded by:  Clay Bearnson
Councilmember Bearnson questioned if we need to add a Chapter 10 amendment.  Mr. McConnell stated that pertaining to Section 10.840(6) Council did not enact before the sunset and this would be stricken from the Medford Code. If Council desires, there is a procedure to start the procedure again pertaining to storage units with the Planning Department.
Roll call:  Councilmembers Bearnson, Bunn, Gordon, Jackle, Stine, and Zarosinski voting yes.
Resolution #2015-75 was duly adopted.
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 Bearnson questioned if we should direct staff to redraft the ordinance pertaining to the storage units; Mr. Huber stated the ordinance is drafted and we can take what we did to the Planning Commission. Mr. McConnell remarked on Councilmember Jackle’s concerns and that notice should be given to the neighboring properties. Councilmember Bunn questioned how long it would take to adopt; Mr.  Huber noted about six months if we have a shorter sunset. Councilmember Stine questioned if it should have come to Council before the sunset; Mr. Huber stated that they were waiting to see if there were any complaints.
Councilmember Bunn was concerned with Councilmember Jackle’s concerns about not building a large enough building, therefore needing storage containers. Councilmember Zarosinski stated he was on the Planning Commission when this came through and provided his thoughts. Councilmember Jackle asked Legal Department to research whether this would be a Limited Land Use Decision or not and whether SPAC had imposed a condition that would prohibit these.
Mr. McBride noted that the spirit of the bill was all retailers in that area use storage units and there was no concern with it at that time. We are trying to get something in the code to be in compliance with the City and not be an eyesore. Mr. McBride noted retailers throughout town use them.
Motion:  Direct staff to initiate an amendment to allow portable storage containers.
Moved by:   Clay Bearnson                                             Seconded by:  Kevin Stine
Councilmember Jackle did not say land use but limited land use decision. He requested feedback from Legal on the two questions. Mr. McConnell stated he will look into it and talked about compliance.
Roll call: Councilmembers Bearnson, Bunn, Jackle, Stine, and Zarosinski voting yes; Councilmember Gordon voting no. 
Motion was duly passed.
170.  Adjournment
         The meeting adjourned at 8:51 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
Deputy City Recorder

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