Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, January 07, 2016

Agenda
January 7, 2016
12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West Eighth, Medford, Oregon

10.    Roll Call

 
20.    Approval or Correction of the Minutes of the December 17 Regular Meeting
 
30.    Oral Requests and Communications from the Audience
Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization.  PLEASE SIGN IN.
 
40.    Consent Calendar
        
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
60.1     COUNCIL BILL 2016-01 An ordinance authorizing a sole-source exemption from competitive bid and awarding a contract in the amount of $145,223.70 to Taser International to provide body worn cameras and video storage for the Police Department.    
 
60.2     COUNCIL BILL 2016-02 An ordinance granting to Teleport Communications America, LLC., (TCA) the non-exclusive privilege (franchise) to use the public way to locate, construct, operate and maintain facilities within the City of Medford.
           
60.3     COUNCIL BILL 2016-03 An ordinance awarding a contract in an amount of $509,096.90 to Michels Corporation to perform Cured in Place Pipe (CIPP) lining of failing sewer pipes.
 
60.4     COUNCIL BILL 2016-04 An ordinance dedicating to the City of Medford real property as public right-of-way to accommodate modifications to existing traffic signals at the intersections of Oakdale with 8th and Main Streets.
 
60.5     COUNCIL BILL 2016-05 A resolution initiating the vacation of a public alley located in between Park and Oakdale Avenues beginning at Dakota Avenue and running northerly 402 feet. (SV-15-160)
 
60.6     COUNCIL BILL 2016-06 A resolution authorizing the transfer of $4,300 from the Mayor & Council Vision account and $19,200 from the Mayor & Council Professional Services account to the Mayor & Council Subscriptions & Dues account.
 
70.    Council Business
             
80.    City Manager and Other Staff Reports
         80.1     Annual Economic Impact Report for U.S. Cellular Community Park by Brian Sjothun
 
         80.2     Further reports from City Manager

90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamation issued
                        Martin Luther King, Jr. Day
                    
         90.2     Further Council committee reports
           
         90.3     Further remarks from Mayor and Councilmembers
 
100.  Adjournment to the Evening Session
 
 
 
EVENING SESSION
7:00 P.M.

Roll Call
 
110.  Oral Requests and Communications from the Audience
Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization.  PLEASE SIGN IN.
 
120.  Public Hearings
Comments are limited to a total of 30 minutes for applicants and/or their representatives.  You may request a 5-minute rebuttal time.  Appellants and/or their representatives are limited to a total of 30 minutes and if the applicant is not the appellant they will also be allowed a total of 30 minutes.  All others will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. PLEASE SIGN IN.
 
120.1   Public hearing to consider an appeal by Rogue Retreat for Street System Development Charge (SDC) fees incurred.
 
120.2   COUNCIL BILL 2016-07 An ordinance vacating an approximate 10,379 square feet of public right-of-way located at the southwest corner of the intersection of South Holly Street and Garfield Street; reserving easements. (SV-15-114) Land Use, Quasi-Judicial
 
120.3   COUNCIL BILL 2016-08 An ordinance approving a minor amendment to the General Land Use Plan (GLUP) Map and the Public Facilities Element of the Medford Comprehensive Plan by removing the Limited Service Area overlay designation from 50 parcels totaling approximately 36 acres in the Lone Pine and Foothills area. (CP-11-007/GLUP-11-008) Land Use, Quasi-Judicial
 
130.  Ordinances and Resolutions
        
140.  Council Business
         140.1   Boards and Commissions appointments
 
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
 
170.  Adjournment
 
 
Minutes
January 7, 2016
12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West Eighth, 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, Eli Matthews, Kevin Stine, Michael Zarosinski*
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts; Deputy City Recorder Winnie Shepard
 
*Michael Zarosinski arrived at 12:04 p.m.
 
Mayor Wheeler noted the passing of Andy Mauer and Mary Jane Dellenback and their contributions to the area during their lifetimes.
 
20.    Approval or Correction of the Minutes of the December 17 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.    Oral Requests and Communications from the Audience
         30.1        Steven Jenson, 1502 Kokanee Lane, Grants Pass thanked the Council for their service.
 
40.    Consent Calendar
         None.
 
50.    Items Removed from Consent Calendar
         None.
 
60.    Ordinances and Resolutions
60.1     COUNCIL BILL 2016-01 An ordinance authorizing a sole-source exemption from competitive bid and awarding a contract in the amount of $145,223.70 to Taser International to provide body worn cameras and video storage for the Police Department.
 
Interim Police Chief Randy Sparacino provided a staff report.  He explained the new body worn cameras will reduce liability, make the department more transparent and will save the expense of an additional employee by utilizing Evidence.com’s software.  Two examples of the cameras were displayed:  one that attached to eye glasses and one that attached to the body.
 
Councilmember Corcoran questioned whether Jackson County was also beginning the project. Police Lieutenant Scott Clauson confirmed and explained that using Evidence.com will allow our Police Department to share files with Jackson County and the District Attorney’s Office.  Councilmember Corcoran questioned how and when the cameras will be used.  Mr. Clauson noted that camera use is determined pursuant to House Bill 2571, effective June 30, 2015.  When an officer takes action or anticipates taking action the camera will be activated.  Mr. Clauson stated the cameras are powered through a battery pack and an officer must activate it to record. Councilmember Corcoran questioned whether there are policies in place to prevent selective recording. Mr. Clauson responded that a countywide policy was created and any violation would be a supervisory issue.  Mayor Wheeler questioned if there are ongoing expenses involved with the camera use, such as data storage.  Mr. Clauson explained the data storage was an additional expense and noted the storage was very secure, meets the FDIC requirements, is tamperproof and our Police Department cannot delete the recordings. In addition, the Police Department will receive new cameras every 2.5 years and new tasers every five years, which cost approximately $1,200 to $1,500.  Councilmember Bunn questioned the length of the data retention policy. Mr. Clauson responded the minimum is 180 days, but the Police Department can request extensions.  Councilmember Bearnson asked whether officers were required to notify citizens of the recording.  Mr. Clauson responded yes, with an exemption for officer safety situations.  Councilmember Stine noted his appreciation and support of the cameras. City Attorney Lori Cooper asked about the term of the contract.  Mr. Clauson responded it is a five-year contract, but the City may terminate it at any time.  Ms. Cooper asked for clarification of the expenses. Mr. Clauson explained this request included the cost of the physical equipment and one year of data storage.  Councilmember Zarosinski asked how this system compares to other systems.  Mr. Clauson noted they are comparable, however with the data storage solution included, the cost for this brand was significantly reduced.  Currently, our Police Department produces approximately 109 DVDs per month for the District Attorney’s Office, using 87 hours of staff time.  Mayor Wheeler asked about the training. Mr. Clauson noted Taser International will provide one week of in-house training. 
 
Motion:      Adopt the ordinance authorizing a sole-source exemption from competitive bid and awarding a contract in the amount of $145,223.70 to Taser International to provide body worn cameras and video storage for the Police Department.
Moved by: Kevin Stine                                             Seconded by:  Daniel Bunn
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-01 was duly adopted.
 
60.2     COUNCIL BILL 2016-02 An ordinance granting to Teleport Communications America, LLC., (TCA) the non-exclusive privilege (franchise) to use the public way to locate, construct, operate and maintain facilities within the City of Medford.
 
Councilmember Bunn asked whether the company was known.  City Manager Pro Tem Bill Hoke noted the company is associated with AT&T.
 
Motion:      Adopt the ordinance granting to Teleport Communications America, LLC., (TCA) the non-exclusive privilege (franchise) to use the public way to locate, construct, operate and maintain facilities within the City of Medford.
Moved by: Daniel Bunn                                           Seconded by:  Kevin Stine
 
Councilmember Corcoran questioned how this company was associated with AT&T.  Mr. Hoke explained it is a communication company which may provide communication services through another company, etc.  Councilmember Jackle asked whether this company could utilize existing fiber and whether the company would be responsible for the expense of cutting the streets.  Mr. Hoke explained the company would be financially responsible for any type of street work. Councilmember Bunn asked whether 7% was required by state law.  Mr. Hoke responded the company agreed to the 7%.  Councilmember Gordon asked whether this company had conducted any services within the City.  Mr. Hoke responded he knew of no such work. Councilmember Stine asked whether other businesses were vying for the ability to provide this service. Mr. Hoke answered yes; the City has several franchise agreements for this work.
 
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-02 was duly adopted.
           
60.3     COUNCIL BILL 2016-03 An ordinance awarding a contract in an amount of $509,096.90 to Michels Corporation to perform Cured in Place Pipe (CIPP) lining of failing sewer pipes.
 
Public Works Director Cory Crebbin provided staff report.  Councilmember Bunn asked how long the contractors would be working in each location.  Mr. Crebbin responded each location would take approximately one day and area residents are notified in advance.  Mayor Wheeler asked how Public Works was prioritizing the projects. Mr. Crebbin responded that pipes are checked approximately every five years.  Mr. Crebbin also noted this new procedure will result in a 67% savings over trenching and replacing the sewer lines.  In response to Councilmember Zarosinski’s request, Engineering Technician III Peter Brown explained the technical details of the thickness of the pipes and capacity differences.
 
Motion:      Adopt the ordinance awarding a contract in an amount of $509,096.90 to Michels Corporation to perform Cured in Place Pipe (CIPP) lining of failing sewer pipes.
Moved by: Kevin Stine                                             Seconded by:  Clay Bearnson
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-03 was duly adopted.
 
60.4     COUNCIL BILL 2016-04 An ordinance dedicating to the City of Medford real property as public right-of-way to accommodate modifications to existing traffic signals at the intersections of Oakdale with 8th and Main Streets.
 
Mr. Crebbin provided a staff report. Councilmember Bearnson asked whether the configuration of Oakdale would be revised.  Mr. Crebbin responded this would not reconfigure the streets, but would include new ADA ramps.
 
Motion:      Adopt the ordinance dedicating to the City of Medford real property as public right‑of‑way to accommodate modifications to existing traffic signals at the intersections of Oakdale with 8th and Main Streets.
Moved by: Daniel Bunn                                           Seconded by:  Eli Matthews
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-04 was duly adopted.
 
60.5     COUNCIL BILL 2016-05 A resolution initiating the vacation of a public alley located in between Park and Oakdale Avenues beginning at Dakota Avenue and running northerly 402 feet. (SV-15-160)
 
Councilmember Bunn asked how and why this vacation was initiated.  Mr. Crebbin provided the history of this vacation, explaining that approximately 10-15 years ago a study session was conducted resulting in a list of 33 alleys planned for vacation. Public Works began with the easiest and have continued working the list.  Councilmember Stine noted this issue was discussed during a Landmarks and Historic Preservation Commission meeting and asked why a person would object.  Mr. Crebbin had not heard of any specific reasons. Citizens were utilizing the alleys for personal use and were not actually used as alleys.  Councilmember Gordon clarified that the property would still retain the City’s utilities easements.  Mr. Crebbin confirmed the City’s easements would remain.
 
Motion:      Approve the resolution initiating the vacation of a public alley located in between Park and Oakdale Avenues beginning at Dakota Avenue and running northerly 402 feet.
Moved by: Kevin Stine                                             Seconded by:  Eli Matthews
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution 2016-05 was duly adopted.
 
60.6     COUNCIL BILL 2016-06 A resolution authorizing the transfer of $4,300 from the Mayor & Council Vision account and $19,200 from the Mayor & Council Professional Services account to the Mayor & Council Subscriptions & Dues account.
 
Mr. Hoke noted that on December 17, the Council directed staff to bring forth this transfer to provide approved funding to SOREDI. 
 
Motion:      Approve the resolution authorizing the transfer of $4,300 from the Mayor & Council Vision account and $19,200 from the Mayor & Council Professional Services account to the Mayor & Council Subscriptions & Dues account.
Moved by: Chris Corcoran                                       Seconded by:  Daniel Bunn
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution 2016-06 was duly adopted.
 
70.    Council Business
Councilmember Bunn noted the Charter requires the election of Council Officers during the first annual meeting and that Mayor Wheeler was to preside over the President’s appointment. Councilmember Bunn nominated Councilmember Corcoran for president.  Councilmember Corcoran explained that although he would be honored to serve, he must decline due to the time the service required in addition to his full‑time employment.  Councilmember Corcoran nominated Councilmember Gordon.
 
Motion:      Appoint Dick Gordon for Council President for 2016.
Moved by: Chris Corcoran                                                Seconded by:  Unnecessary per Mayor
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:      Michael Zarosinski for Council Vice President for 2016.
Moved by: Eli Matthews                                                    Seconded by:  None
 
Motion:      Kevin Stine for Council Vice President for 2016.
Moved by: Clay Bearnson                                                Seconded by:  None
 
         Mayor Wheeler closed the nominations.
 
Roll call: Councilmembers Bearnson and Stine voting for Stine; Councilmembers Bunn, Corcoran, Gordon, Jackle, Matthews and Zarosinski voting for Zarosinski. 
Councilmember Zarosinski was appointed as Vice President for 2016.
 
Mayor presented awards to the outgoing President and Vice President, Daniel Bunn and Chris Corcoran. 
             
80.    City Manager and Other Staff Reports
         80.1     Annual Economic Impact Report for U.S. Cellular Community Park by Brian Sjothun
 
On behalf of Brian Sjothun, Rich Rosenthal, Acting Parks & Recreation Director, provided the economic impact report for U.S. Cellular Community Park outlining the various activities and the park’s financial benefits.  There was an estimated 8% increase in economic impact compared to 2014 ($11 million).  Parks & Recreation received an award from the Amateur Softball Administration for tournament hosting excellence.  Mr. Rosenthal identified the City’s many partners and sponsors.
 
Councilmember Bunn requested a copy of the multiplier study.  Councilmember Bearnson asked whether teams were migrating from other fields to USCCP.  Mr. Rosenthal explained the park has seen an increase in little league teams playing due to the convenience of having the games in our area.  High schools are also aligning their programs and coordinating the games to use the field.
                    
80.2     Further reports from City Manager
Mr. Hoke requested a report from Interim Chief Sparacino regarding a recent bank robber which resembled Mike Rowe, from the television show entitled “Dirty Jobs”. The story made national news after our Police Department posted the robber’s photos on our Facebook page and it went “viral”.    
 
Councilmember Corcoran noted a local sign which thanking the Police Department and former Police Chief Tim George. Mr. Hoke also noted his appreciation for our Police Department.
  
80.3     Councilmember Gordon requested an update on the Travel Medford and Chamber of Commerce contract.  Mr. Hoke responded the City is waiting for a response from Travel Medford’s legal counsel.  Councilmember Gordon recommended the City work ahead of time to ensure the promotion of our community and southern Oregon by Travel Medford. Mr. Hoke appreciated Councilmember Gordon’s input and noted the current contract expires at the end of June.  Councilmember Gordon stated that Travel Medford should be already promoting activities which will occur after June 30 and the City could be impacting Travel Medford’s ability to promote tourism activities.  Mr. Hoke responded that he will have our legal counsel contact theirs. 
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1    Mayor Wheeler read a proclamation honoring Martin Luther King, Jr. Day on January 18, 2016.
                    
90.2   Further Council committee reports
Councilmember Bearnson noted he attended the Housing & Community Development Commission meeting wherein they discussed a clean bill which will be presented to the State Legislature to end the ban on inclusionary zoning.  He stated Commissioners plan to attend a Council meeting to request support of the bill. Councilmember Gordon asked for an explanation of inclusionary zoning.  Councilmember Bearnson responded that it requires developers to build/develop a percentage of their projects for affordable/working force housing.  Oregon is one of two states in the country that does not require inclusionary zoning.  Councilmember Bearnson supports the removal of the ban and recommended Council support. 
           
         90.3   Further remarks from Mayor and Councilmembers
                  None.
 
Mayor Wheeler noted the evening’s meetings.
 
100.  Adjournment to the Evening Session
     Council adjourned to the evening session at 1:19 p.m.
 
 
 
EVENING SESSION
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, Chris Corcoran, Dick Gordon, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts and Deputy City Recorder Winnie Shepard
 
Councilmember Tim Jackle was absent.

110.  Oral Requests and Communications from the Audience
None.
 
120.  Public Hearings
120.1   Public hearing to consider an appeal by Rogue Retreat for Street System Development Charge (SDC) fees incurred.
 
Councilmember Corcoran noted a potential conflict of interest and recused himself from this issue.
 
Public Works Director Cory Crebbin provided a staff report outlining the history of the issue.  He explained that SDC fees are charged as a flat rate, because the City could not determine street usage.  Any units containing kitchen facilities are considered apartments.  Rogue Retreat’s units contain kitchens and are considered separate.  Councilmember Bunn asked how the City handles accessory dwelling units.  Mr. Crebbin responded that if it contained a kitchen, it was considered a separate unit.  Councilmember Stine questioned whether the Code considered reduced fees for certain types of homes. Mr. Crebbin stated in specific circumstances a lower trip generation rate is possible, but this situation did not qualify. Councilmember Gordon asked if the Council were to waive fees, what would be the City’s findings of fact.  Mr. Crebbin responded that it would depend on the discussion and the reasons provided. Councilmember Bunn suggested that if the Council wished to pay for these fees, we could consider it a donation or grant versus using the SDC fund and setting a precedent.  This is not a lot of money for the City, but is a huge amount for a non‑profit.  Mr. Crebbin explained an option wherein the applicant can find five similar facilities and conduct a traffic study to determine a possible SDC reduction.  However, this option was not recommended for Rogue Retreat, because the study would cost more than their SDC fees. 
 
City Attorney Lori Cooper noted the Code leaves room for interpretation regarding the primary nature of the establishment and that Public Works could make findings based on impact. Mayor Wheeler asked Mr. Crebbin whether Rogue Retreat was required to pay the SDCs within a specific amount of time.  Mr. Crebbin responded that these fees were paid, because Rogue Retreat needed to obtain building permits.  Mayor Wheeler clarified the Council needed to determine the findings of fact to support a reduction. 
 
Public hearing opened.
 
Chad McComas, 1743 Alcan, Medford, the Executive Director for Rogue Retreat, spoke regarding his business and the need for affordable housing in Medford.  These particular units were remodeled and are planned to be used for mothers exiting local drug treatment programs.  The remodeling project continues to increase expenses.  Rogue Retreat is a non-profit and will not make any money from these units.  Councilmember Bearnson thanked Mr. McComas for his service with Rogue Retreat and with the Housing Commission. 
 
Public hearing closed.
 
Councilmember Gordon spoke regarding previous appeals from non-profits for payment of City fees.  He did not recall ever waiving the fees and noted there were not funds available to provide to Rogue Retreat.  Ms. Cooper explained that any decision could be deemed a precedent.  If the Council included language that this was a special case, it would not stop other applicants from referring to the decision in the future. Councilmember Bunn agreed with Councilmember Gordon that City fees may be prohibiting affordable housing.  He suggested adding funds to a line item in the next budget cycle for these types of requests. 
 
Mayor Wheeler did not think that the City should refund the fees and set a precedent, but perhaps the Council should consider ways to assist with these types of projects.  Now that the Council has recognized the problem, we need to deal with the problem. 
 
Motion:      Deny the reduction of SDC fees for Rogue Retreat.
Moved by:  Daniel Bunn                                                    Seconded by:  Dick Gordon
 
Councilmember Bunn spoke in favor of creating a new policy to help non-profits and noted he would like to discuss the matter in a couple of weeks.  Councilmember Bearnson questioned whether the motion could be modified to include a donation of $5,000 to offset the expense.  Mayor Wheeler responded that a separate motion would be preferred.  Councilmember Stine asked about setting a precedent and how often precedents impacted future decisions.  Ms. Cooper explained that if the City reduced or waived SDC fees for this organization, and in the future denied a reduction or waiver for another organization, the City may face arguments that it was not treating everyone the same. Councilmember Gordon suggested using remaining funds from CDBG funds to pay for these types of requests.  Mayor Wheeler agreed noted that was a good suggestion. Councilmember Zarosinski explained the Code recognizes different facilities and their impact.  Councilmember Bearnson asked if Rogue Retreat would be penalized during the CDBG process if they received funding to assist with the fees.  Mayor Wheeler did not believe this should impact any request made by the agency.  City Manager Pro Tem Bill Hoke noted that it did not appear that Rogue Retreat qualified for CDBG reimbursement. 
 
Roll call:  Councilmembers Bunn, Gordon, Matthews, Stine and Zarosinski voting yes; Councilmember Bearnson voting no; Councilmember Corcoran abstained. 
Motion carried and so ordered.
 
Motion:   Direct staff to find $5,000 in funding and/or contingency for Rogue Retreat. 
Moved by: Kevin Stine                                                      Seconded by: Clay Bearnson
 
Councilmember Bunn clarified that Councilmember Stine’s intention was to bring the issue back to Council.  Councilmember Zarosinski agreed with providing some funding, but not the entire $5,000.  Councilmember Bearnson noted that the Council approved $23,500 to foster economic growth and this funding would assist citizens with housing.
 
Roll call: Councilmembers Bunn, Bearnson, Gordon, Matthews, Stine and Zarosinski voting yes; Councilmember Corcoran abstained. 
Motion carried and so ordered.
 
120.2   COUNCIL BILL 2016-07 An ordinance vacating an approximate 10,379 square feet of public right-of-way located at the southwest corner of the intersection of South Holly Street and Garfield Street; reserving easements. (SV-15-114) Land Use, Quasi-Judicial
 
City Attorney Lori Cooper read a statement on conducting quasi-judicial land use hearings.
 
Planning Director Jim Huber provided a staff report.  Councilmember Bunn asked for clarification on the type of land.  Mr. Huber explained it is a combination of earth and asphalt. Councilmember Bunn questioned whether old Holly Street had been removed.  Mr. Huber responded that for the most part, it had been.  Councilmember Gordon questioned the location of the driveway and asked for more information.  Mr. Huber explained the location of the driveway and indicated it on the map. Once the property was vacated, the City would provide an easement to this driveway.
 
Public Works Director Cory Crebbin, representing the applicant, noted the easement’s location for the driveway and explained the easement would be maintained as part of the vacation.  Councilmember Bunn clarified that when property is vacated it usually reverts back to the two houses to the west of the property.  Mr. Crebbin clarified that the property would revert to the two houses abutting the vacated right-of-way.  Councilmember Corcoran noted it was not equal amounts of property.  Mr. Crebbin again indicated on the map the location of the property division.  The north property would receive significantly more property than the property on the South. 
 
Mr. Huber continued with the staff report and outlined staff’s recommendation to approve the vacation. 
 
Councilmember Stine asked whether the City owned the land.  Mr. Huber responded that it is public right-of-way.  Councilmember Stine asked whether there was value to the land.  Mr. Crebbin clarified that public right-of-way is a master easement which provides jurisdiction to the City, but the land doesn’t belong to the City.  Mr. Crebbin noted there are water and utility easements on the property and explained the Council had directed the vacation of this right-of-way. 
 
Public hearing opened.
 
No one spoke.
        
Public hearing closed.
 
Motion:  Adopt the ordinance vacating an approximate 10,379 square feet of public right-of-way located at the southwest corner of the intersection of South Holly Street and Garfield Street; reserving easements.
Moved by:  Clay Bearnson                                       Seconded by:  Chris Corcoran
Roll call:  Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, Stine and Zarosinski voting yes. 
Motion carried and so ordered.
 
120.3   COUNCIL BILL 2016-08 An ordinance approving a minor amendment to the General Land Use Plan (GLUP) Map and the Public Facilities Element of the Medford Comprehensive Plan by removing the Limited Service Area overlay designation from 50 parcels totaling approximately 36 acres in the Lone Pine and Foothills area. (CP-11-007/GLUP-11-008) Land Use, Quasi-Judicial
 
Principal Planner John Adam provided the staff report.  He noted it would remove the limited service overlay applied in 1992, because City water could not reach this area.  Now that the area is receiving City water, the overlay is no longer necessary. Councilmember Bunn asked if there were other overlays; Mr. Adam noted this is the only overlay. Councilmember Corcoran asked if this was in the Urban Growth Boundary (UGB).  Mr. Adam confirmed. 
 
Public hearing opened.
         
          No one spoke.
 
Public hearing closed.
 
Motion: An ordinance approving a minor amendment to the General Land Use Plan (GLUP) Map and the Public Facilities Element of the Medford Comprehensive Plan by removing the Limited Service Area overlay designation from 50 parcels totaling approximately 36 acres in the Lone Pine and Foothills area. (CP-11-007/GLUP-11-008) Land Use, Quasi-Judicial
 
Moved by:  Kevin Stine                                            Seconded by: Daniel Bunn
Roll call:  Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, Stine and Zarosinski voting yes. 
Ordinance 2016-08 was duly adopted.
 
130.  Ordinances and Resolutions
         None.
        
Mayor Wheeler turned the meeting over to Council President Dick Gordon. 
 
Councilmember Gordon noted Mayor Wheeler would not be traveling to Washington DC.  Councilmember Corcoran noted the Council had overspent the Council budget sending Council to NLC. Councilmember Gordon recommended Council keep Councilmember Corcoran’s comments under advisement. 
 
Councilmember Gordon noted Mr. Hoke requested approval for outside legal counsel regarding the Urban Growth Boundary (UGB) update.
 
Councilmember Gordon turned the meeting back to Mayor Wheeler.
 
Councilmember Bearnson asked if the outside legal counsel would be needed through the completion of the UGB or until another attorney was hired.  Mr. Hoke preferred continuation through the completion of the UGB.  Councilmember Bearnson asked if the funding was budgeted.  Mr. Hoke was not aware any funding budgeted, but assistance was needed.  Councilmember Corcoran asked if there were savings from vacating staff.  Mr. Hoke noted there were, but not enough to pay this expense. He explained that if the Council approved this request, the matter would come back as a contract for Council approval.
 
Motion:      Direct staff to procure outside legal counsel through the UGB process.
Moved by: Daniel Bunn                                                    Seconded by: Chris Corcoran
 
Councilmember Corcoran asked Ms. Cooper whether he could vote on this issue as he had recused himself from the UGB process.  Ms. Cooper advised that it was a budget issue and his conflict of interest did not preclude him from voting on this motion.
 
Roll call: Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, Stine and Zarosinski voting yes. 
            Motion carried and so ordered.
 
140.  Council Business
Pertaining to staff liaison appointments, Councilmember Gordon asked the Council to notify Councilmember Zarosinski or him if they wished to change from their current Boards or Commissions. 
 
         140.1   Boards and Commissions appointments
 
a.   Site Plan & Architectural Commission:  One full-term at-large position with a term ending January 31, 2020 and one partial-term contractor vacancy with a term ending January 31, 2018.  An application for the contractor vacancy was received from Curtis Turner.  An application for the At-Large position was received from Marcy Pierce. 
 
Motion:        Appoint Marcy Pierce to the full-term vacancy with a term ending January 31, 2020 and appoint Curtis Turner to the partial-term contractor vacancy, with a term ending January 31, 2018.
Moved by:   Daniel Bunn                                          Seconded by:  Chris Corcoran
Roll call:      Mayor Wheeler and Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, and Zarosinski voting yes; Councilmember Stine voting no.
Motion carried and so ordered.
 
b.   Landmarks & Historic Preservation Commission:  Two partial-term vacancies with terms ending January 31, 2018 and January 31, 2019.  Councilmember Bunn noted that Marcy Pierce was no longer interested in serving on this Commission and that her application should be considered withdrawn.  An application was received from Karl Geidans.
 
Motion:       Appoint Karl Geidans to the partial-term position ending January 31, 2019.
Moved by:   Kevin Stine                                           Seconded by: Clay Bearnson
Roll call:      Mayor Wheeler and Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
c.   Joint Transportation Subcommittee:  Two full-term positions with terms ending January 31, 2020 and one partial-term vacancy with a term ending January 31, 2019.   Applications were received from Rick Bennett, Steve Bismarck, Ashley Boughner, Edgar Hee and Jenna Marmon.
 
Motion:        Appoint Edgar Hee to the partial-term position with a term ending January 31, 2019 and Jenna Marmon and Rick Bennett to the full-term positions with terms ending January 31, 2020.
Moved by:   Michael Zarosinski                               Seconded by: Daniel Bunn
 
Councilmember Zarosinski noted that all of the candidates were qualified to serve.  Councilmember Stine suggested Ms. Boughner may be interested in serving on the Landmarks & Historic Preservation Commission.
 
Roll call:  Mayor Wheeler and Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
d.   Parking Commission:  One full-term position with a term ending January 31, 2019.  Applications were received from Val Handel and Gerry Katz.
 
Motion:        Appoint Val Handel to the full-term position with the term ending January 31, 2019.
Moved by:   Clay Bearnson                                      Seconded by: Eli Matthews
Roll call:      Mayor Wheeler and Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
e.   City Budget Committee:  Two full-term vacancies with terms ending January 31, 2020.  Councilmember Bunn noted that Kevin Keating is interested in serving, but all current Councilmembers have interviewed him previously.  Councilmember Gordon asked whether any Councilmembers opposed the consideration of Mr. Keating without an interview.  Applications were received from Robert Bartalini, Bill Boehning, Kevin Keating, and George Schroeder.
 
Roll call for two full-term vacancies:       Mayor Wheeler and Councilmembers Bunn, Bearnson, Corcoran, Gordon, Matthews, Stine and Zarosinski voting for Robert Bartalini; Councilmembers Bearnson and Matthews voting for Bill Boehning; Councilmember Bunn, Corcoran, Stine and Zarosinski voting for Kevin Keating; Mayor Wheeler and Councilmember Gordon voting for George Schroeder. 
 
Result:  Robert Bartalini was appointed to the City Budget Committee with a term ending January 31, 2020. 
 
Roll call for remaining full-term vacancy:  Councilmember Bearnson voting for Bill Boehning; Councilmembers Bunn, Corcoran, Matthews, Stine and Zarosinski voting for Kevin Keating; Mayor Wheeler and Councilmember Gordon voting for George Schroeder.
 
Result:  Kevin Keating was appointed to the City Budget Committee with a term ending January 31, 2020.
 
150.  Further Reports from the City Manager and Staff
Mr. Hoke followed up on the contract negotiation with Travel Medford.  Ms. Cooper explained that she had mis-spoke during the noon meeting and Doug Schmor, the attorney for Travel Medford, had responded since December 1, 2015.  Councilmember Bearnson asked what about the current term on the contract.  Ms. Cooper responded that it is a one-year contract which expires June 31, 2016.  Mr. Bunn asked whether the new would come back to the Council for approval; Mr. Hoke confirmed.  Ms. Cooper said the Council should consider whether to replace the current contract before it expires or to let it run its full term before the new contract becomes effective.  Councilmember Bearnson asked who paid Mr. Schmor, Chamber or Travel Medford.  Mr. Hoke believed he was counsel for the Chamber, but he was not sure. 
 
160.  Propositions and Remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports
                    None.
                            
         160.2   Further remarks from Mayor and Councilmembers
                    None.
 
170.  Adjournment  
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.
 
 
 
 
Winnie Shepard
Deputy City Recorder
 

 
 

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