Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, February 18, 2016

AGENDA                                
February 18, 2016
12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon

  
10.    Roll Call
 
Employee Recognition
 
20.    Approval or Correction of the Minutes of the February 4 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
40.1     COUNCIL BILL 2016-14 – Rescheduled from February 4, 2016 – A resolution appointing representatives to voting positions as the City representatives on boards and commissions.
 
40.2     COUNCIL Bill 2016-15 – Rescheduled from February 4, 2016 – An ordinance authorizing cash payments to Cedar Investment Group, LLC, for Street System Development Charge credits in the amount of $162,634.37 for the realignment of the intersection of Cedar Links Drive and Foothill Road, done as a condition of Sky Lakes Subdivision Phase 7B, a part of Cedar Landing PUD.
 
40.3     COUNCIL BILL 2016-21 A resolution initiating the vacation of a 60 foot by 70 foot section of East Second Street located between the railroad right-of-way and Front Street.
 
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
60.1     COUNCIL BILL 2016-16 – Rescheduled from February 4, 2016 – A resolution to commence foreclosure to recover delinquent assessments.
 
60.2     COUNCIL BILL 2016-17 – Rescheduled from February 4, 2016 – An ordinance authorizing exemption from competitive bidding and awarding a contract in the amount of $203,000 to David Smith & Associates for new citywide photogrammetric mapping.
 
60.3     COUNCIL BILL 2016-18 – Rescheduled from February 4, 2016 – An ordinance authorizing execution of an Intergovernmental Agreement between the City of Medford and Oregon Department of Transportation pertaining to landscape maintenance associated with Highway 238.
 
60.4     COUNCIL BILL 2016-22 An ordinance authorizing execution of an amendment to the lease agreement with AMWOHI MPL Tower Holdings, LLC, for property leased at Bear Creek Park used for a cellular communication tower and related equipment.
 
60.5     COUNCIL BILL 2016-23 A resolution authorizing the transfer of $700,000 from the General Fund Contingency Account to the Citywide Software Replacement Project Account for replacement of technology software.
 
60.6     COUNCIL BILL 2016-24 An ordinance awarding a contract in the amount of $1,572,685 to SunGard Public Sector, for software and professional services required to implement Finance, Human Resources, and Community Development software.
 
60.7     COUNCIL BILL 2016-25 An ordinance awarding a contract in the amount of $346,760 to Tyler Technologies, Inc. for software and professional services required for the implementation of Municipal Court software.
        
60.8     COUNCIL BILL 2016-26 An ordinance authorizing execution of a Disposition and Development Agreement between the City of Medford, and Alba Village Regency, LLC, the developer of Northgate Marketplace Phase II regarding Street System Development Charges for Building K.
 
70.    Council Business
              
80.    City Manager and Other Staff Reports
         80.1     Quarterly Travel Medford by Anne Jenkins
 
         80.2     Further reports from City Manager
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         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
 
Employee of the Quarter Presentation
 
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 Appeal of an administrative decision pertaining to an unsafe sidewalk at 117 South Central Avenue.
 
120.2 Appeal of an administrative decision pertaining to an unsafe sidewalk at 135 – 149 South Central Avenue.
 
120.3 Appeal of an administrative decision pertaining to an unsafe sidewalk at 125 South Central Avenue.
 
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
 
170.  Adjournment
 
 
 ​                           
 February 18, 2016
12:00 Noon and 7:00 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, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Employee Recognition
Employees were recognized for their years of service, promotions; new employees were introduced.
 
20.    Approval or Correction of the Minutes of the February 4 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.    Oral Requests and Communications from the Audience
         30.1     Parking Commissioner Brian Watkins provided the Parking Commission’s recommendations to the Downtown Parking Plan.  He explained that Commissioners utilized information from a parking consultant, local businesses and individuals for the proposal.  (See attached recommendations.)
 
                     Councilmember Bunn questioned the loading zone near the Craterian; Mr. Watkins responded those areas would remain loading zones.  Councilmember Gordon questioned the additional permit sales for the Evergreen North lot and if they were confident with the additional sale of permits; Mr. Watkins stated they were.
 
                     City Attorney Lori Cooper noted Council has ultimate authority over the recommendations.
 
Motion:      Move to approve the recommendations set forth by the Parking Commission.
Moved by: Chris Corcoran                                      Seconded by:  Clay Bearnson
   Roll call:    Councilmembers Bearnson, Bunn, Matthews and Zarosinski voting yes; Councilmembers Gordon, Jackle and Stine abstained. 
         Motion carried and so ordered.
 
30.2     Phyllis Nelson, 406 E. Main, spoke regarding various issues with downtown parking and requested increasing the parking time on East Main Street from one hour to two hours.
 
         30.3     Mark Millner, 309 E. Main, believed that the perception of downtown parking is negative and a solution was needed. He suggested replacing Pay by Phone options with parking meters for Main Street. He also requested Parks and Recreation Department add lights to the trees on Main Street.  Councilmembers Bearnson and Corcoran noted various parking options on and around Main Street. Councilmember Gordon believed downtown building owners should form an association to improve the downtown area without involving City government.
         30.4     Rosemary Harrington, 3291 Miller Court, stated she rarely visits downtown Medford because of the parking.
 
         30.5     Garth Harrington, 3291 Miller Court, agreed with Rosemary Harrington and requested increasing the parking time limits.        
 
         30.6     Don Anway, 200 N Riverside, representing 10 major hotels in the Medford area, requested Council sign a four-year contract with Travel Medford and believed the delay was impacting travel and tourism in our area.
 
         30.7     Cody Diehl, 35 8th Street, representing Fired Up Food Truck, addressed the parking issue on Main Street and requested Council’s approval to park his food truck in front of the Bohemian Club from 11:30 p.m. to 2:30 a.m. as he has an agreement with them. 
 
                        Police Sergeant Don Lane, Supervisor of Code Enforcement, stated he researched the issue and determined Medford Code prohibited street parking for food trucks. Councilmember Bunn stated that sidewalk vending is allowed and questioned why permission couldn’t extend to that parking space. Councilmember Jackle believed this is a land use issue and it should go to the Planning Commission.  Councilmember Stine questioned if Mr. Diehl could have a revocable permit while we work this out; Ms. Cooper responded that could be looked into. Councilmember Zarosinski was certain the Planning Commission recently reviewed and updated the Municipal Code regarding mobile services and any further revision should be processed through the Planning Commission.  Mayor Wheeler explained that Mr. Diehl could park on private property behind the Bohemian Club in the interim. 
 
*Councilmember Corcoran left the dais.
 
Motion:      Direct staff to review street parking for mobile food vendors.
Moved by: Kevin Stine                                             Seconded by: Daniel Bunn
 
Mr. Diehl noted that the alley is unlit and there is no visibility from the bar upstairs. He also believed that violence has decreased in the location during the period he is parked in front of the club.
 
Roll call:    Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine and Zarosinski voting yes.
                     Motion carried and so ordered.
 
40.    Consent Calendar
         40.1     COUNCIL BILL 2016-14 – Rescheduled from February 4, 2016 – A resolution appointing representatives to voting positions as the City representatives on boards and commissions.
 
         40.2     COUNCIL Bill 2016-15 – Rescheduled from February 4, 2016 – An ordinance authorizing cash payments to Cedar Investment Group, LLC, for Street System Development Charge credits in the amount of $162,634.37 for the realignment of the intersection of Cedar Links Drive and Foothill Road, done as a condition of Sky Lakes Subdivision Phase 7B, a part of Cedar Landing PUD.
 
         40.3     COUNCIL BILL 2016-21 A resolution initiating the vacation of a 60 foot by 70 foot section of East Second Street located between the railroad right-of-way and Front Street.
 
Motion:      Adopt consent calendar.
Moved by: Kevin Stine                                             Seconded by: Daniel Bunn
Roll call:    Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered. The following Council Bills were approved: 2016-14; 2016-15, and 2016-21.
 
50.    Items Removed from Consent Calendar
         None.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-16 – Rescheduled from February 4, 2016 – A resolution to commence foreclosure to recover delinquent assessments.
 
                     Finance Director Alison Chan noted during the past 15 years no houses have actually been foreclosed upon, but this process resulted in payments for the past-due accounts. 
 
                     Councilmember Jackle requested revising the language to match the agenda item. Ms. Chan explained a payment plan does not mean payments were written off or forgiven.  Mayor Wheeler noted this is the same language used last year and it worked well. Ms. Chan stated these property owners have not made a payment for at least two years.
 
Motion:  Approve the resolution to commence foreclosure to recover delinquent assessments.
Moved by:  Kevin Stine                                           Seconded by:  Clay Bearnson
 
Mayor Wheeler recommended placing a sign in front of each property stating which bank owns the property. 
 
Amended motion:  Amend the resolution to apply to only those properties which are vacant.  The non-vacant houses would need to be removed.
Moved by:  Tim Jackle                                            Seconded by:  Dick Gordon
 
Councilmembers Stine and Bearnson agreed to the friendly amendment.
 
Roll call on main motion as amended:  Councilmembers Bearnson, Bunn, Gordon, Matthews, Stine, and Zarosinski voting yes; Councilmember Jackle voting no.
Resolution 2016-16 was duly adopted.
 
         60.2     COUNCIL BILL 2016-17 – Rescheduled from February 4, 2016 – An ordinance authorizing exemption from competitive bidding and awarding a contract in the amount of $203,000 to David Smith & Associates for new citywide photogrammetric mapping.
 
                     Technology Services Director Doug Townsend noted this software will be part of the GIS system and used by many entities.  Councilmember Zarosinski questioned if we have LiDAR in the city; Mr. Townsend stated we do not. David Pastizzo, GIS Coordinator, provided clarification on LiDAR.
 
                     Councilmember Gordon questioned the priority of this project versus another which is short approximately $700,000; Mr. Townsend responded that both projects are high priority.
 
         Motion:  Adopt the ordinance authorizing exemption from competitive bidding and awarding a contract in the amount of $203,000 to David Smith & Associates for new citywide photogrammetric mapping.
Moved by: Kevin Stine                                            Seconded by:  Daniel Bunn
Roll call:    Councilmembers Bearnson, Bunn, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Gordon voting no.
Ordinance 2016-17 was duly adopted.
 
         60.3     COUNCIL BILL 2016-18 – Rescheduled from February 4, 2016 – An ordinance authorizing execution of an Intergovernmental Agreement between the City of Medford and Oregon Department of Transportation pertaining to landscape maintenance associated with Highway 238.
 
Motion:  Adopt the ordinance authorizing execution of an Intergovernmental Agreement between the City of Medford and Oregon Department of Transportation pertaining to landscape maintenance associated with Highway 238.
Moved by:  Daniel Bunn                                          Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-18 was duly adopted.
 
         60.4     COUNCIL BILL 2016-22 An ordinance authorizing execution of an amendment to the lease agreement with AMWOHI MPL Tower Holdings, LLC, for property leased at Bear Creek Park used for a cellular communication tower and related equipment.
 
                     Councilmember Bearnson asked if the funding went to Parks & Recreation; Parks & Recreation Director Brian Sjothun noted the funds are budgeted and are used for road maintenance at Prescott Park.
 
Motion:  Adopt the ordinance authorizing execution of an amendment to the lease agreement with AMWOHI MPL Tower Holdings, LLC, for property leased at Bear Creek Park used for a cellular communication tower and related equipment.
Moved by:  Kevin Stine                                           Seconded by:  Eli Matthews
Roll call:  Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
         Ordinance 2016-22 was duly adopted.
 
         60.5     COUNCIL BILL 2016-23 A resolution authorizing the transfer of $700,000 from the General Fund Contingency Account to the Citywide Software Replacement Project Account for replacement of technology software.
 
                     Ms. Chan provided the background information. Councilmember Bearnson questioned a plan to replace the contingency; Ms. Chan explained contingency is replaced with each biennium. Councilmember Gordon would like to discuss Agenda Items 60.6 and 60.7 before approving this resolution.
 
Motion:      Table the resolution authorizing the transfer of $700,000 from the General Fund Contingency Account to the Citywide Software Replacement Project Account for replacement of technology software.
Moved by: Daniel Bunn                                          Seconded by:  Dick Gordon
Roll call:    Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution 2016-23 was tabled.
 
         60.6     COUNCIL BILL 2016-24 An ordinance awarding a contract in the amount of $1,572,685 to SunGard Public Sector, for software and professional services required to implement Finance, Human Resources, and Community Development software.
 
                     Mr. Townsend provided a history of the project, noting it will allow the City to simplify the budget process, improves workflow and purchasing processes, moves the City to a Windows-based system, and eliminates redundant servers and data. Mr. Townsend was concerned about a delay resulting in renegotiation of the contract.  Councilmember Stine questioned if this is the latest technology; Mr. Townsend noted some portions of the software were older than a decade, but were enhanced. Councilmember Jackle questioned how much of the contract is labor; Mr. Townsend estimated that 90% of the cost is for professional services. Councilmembers discussed the cost breakdown, the services provided now, possible future services, how the City would pay for the expenses and from what accounts.  
 
Motion:      Remove Agenda Item 60.5 from the table.                                                                        
Moved by: Daniel Bunn                                           Seconded by:  Tim Jackle
Roll call:    Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
         Motion:      Approve the resolution authorizing the transfer of $700,000 from the General Fund Contingency Account to the Citywide Software Replacement Project Account for replacement of technology software, Project FN1 222.
         Moved by: Kevin Stine                                             Seconded by:
 
Councilmember Stine clarified his motion is with the understanding that staff will come back with the different options on projects that haven’t begun.
 
Roll call: Councilmembers Bearnson, Bunn, Gordon, Matthews, Stine, and Zarosinski voting yes; Councilmember Jackle voting no. 
Resolution 2016-23 was duly adopted.
 
         Motion:  An ordinance awarding a contract in the amount of $1,572,685 to SunGard Public Sector, for software and professional services required to implement Finance, Human Resources, and Community Development software.
         Moved by:  Kevin Stine                                           Seconded by:  Clay Bearnson
Roll call: Councilmembers Bearnson, Bunn, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Gordon voting no. 
Resolution 2016-24 was duly adopted.
 
         60.7     COUNCIL BILL 2016-25 An ordinance awarding a contract in the amount of $346,760 to Tyler Technologies, Inc. for software and professional services required for the implementation of Municipal Court software.
 
                     Councilmember Zarosinski questioned the importance of this software; Mr. Townsend explained our goal is to remove all items from the current software and Municipal Court Clerk Denise Bostwick stated the current system is twenty years old and the Tyler system should significantly improve our workflow process.
 
Motion:  Adopt the ordinance awarding a contract in the amount of $346,760 to Tyler Technologies, Inc. for software and professional services required for the implementation of Municipal Court software.
Moved by:  Kevin Stine                                           Seconded by:  Daniel Bunn
 
Councilmembers Gordon and Bearnson believed the City cannot afford to update everything at the same time. Mayor Wheeler questioned whether this software improved communication with the state and other agencies. Ms. Bostwick noted it will integrate with all the state courts, which are already using Tyler software. Mayor Wheeler believed it was very important to approve this expense.
 
Roll call:  Councilmembers Bunn, Corcoran, Matthews and Stine voting yes; Councilmembers Bearnson, Gordon, Jackle and Zarosinski voting no.
Motion failed.
 
Mayor Wheeler suggested a reconsideration of the vote. Councilmember Zarosinski noted the merits are obvious and explained this is a contingency process and there are other pending general fund items. Councilmember Bunn questioned if the contract can be held; Mr. Townsend believed it was possible.
 
         60.8     COUNCIL BILL 2016-26 An ordinance authorizing execution of a Disposition and Development Agreement between the City of Medford, and Alba Village Regency, LLC, the developer of Northgate Marketplace Phase II regarding Street System Development Charges (SDC) for Building K.
 
Public Works Director Cory Crebbin presented the staff report explaining the street SDC fees, noting contractors had obtained four building permits for this 140,000 square foot building.
 
*Councilmember Matthews left the dais.
 
Councilmember Gordon questioned the impact on future SDC fees.  Mr. Crebbin noted staff considers the financial impact negligible.  Attorney for Alba Village Regency, Sydnee Dreyer, noted that Building K was designed for four tenants and will be similar to a strip mall.
 
*Councilmember Matthews returned to the dais.
 
Motion:      Adopt the ordinance authorizing execution of a Disposition and Development Agreement between the City of Medford, and Alba Village Regency, LLC, the developer of Northgate Marketplace Phase II regarding Street System Development Charges (SDC) for Building K.
Moved by: Daniel Bunn                                           Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-26 was duly adopted.
 
Motion:      Direct staff to prepare a supplemental budget recognizing the greater-than-budgeted general fund balance and appropriating it to contingency.
Moved by: Daniel Bunn                                           Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Due to the hour, Mayor Wheeler noted the remaining topics for the noon session would be continued to the evening meeting.  
 
70.    Council Business
              
80.    City Manager and Other Staff Reports
         80.1     Quarterly Travel Medford by Anne Jenkins
 
         80.2     Further reports from City Manager
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         90.2     Further Council committee reports
           
         90.3     Further remarks from Mayor and Councilmembers
 
100.  Adjournment to the Evening Session
         Council adjourned to the evening session at 2:48 p.m.
EVENING SESSION
7:00 P.M.
 
The regular evening session of the Medford City Council was called to order at 7:21 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, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper*; Deputy City Recorder Winnie Shepard
 
            *Clay Bearnson and Lori Cooper arrived at 7:22 p.m.
 
Employee of the Quarter Presentation
City Manager Pro Tem Bill Hoke spoke regarding Quint Oller’s accomplishments and the actions leading to the recommendation as Employee of the Quarter. 
 
110.  Oral Requests and Communications from the Audience
         None.
 
120.  Public Hearings
120.1   Appeal of an administrative decision pertaining to an unsafe sidewalk at 117 South Central Avenue.
 
Public Works Director Cory Crebbin provided a staff report noting this unsafe sidewalk is located in front of Rogue Community College (RCC).  RCC does not believe they are responsible, believing an incorrect tree type caused the damage.  Mr. Crebbin provided information from City Arborist Adam Airoldi noting an approved tree was planted and explained that Medford Code Section 3.010 requires property owners to maintain abutting sidewalks. 
 
Councilmember Zarosinski asked when the sidewalk was constructed; Mr. Crebbin stated in the last 10 years or so, but the warranty on City construction is one year. Councilmember Bunn asked whether there were other failures.  Mr. Crebbin clarified that a failure was anything that exceeded standard and although he did not see other failures, some areas were not standard. 
 
Public hearing opened.
 
Grant Lagorio, Rogue Community College, spoke regarding the trees near the college.  He provided evidence of areas where City trees have caused damage.  He explained the importance of a root barrier when planting trees and did not believe it was the RCC’s responsibility to pay for the damages.  Councilmember Bearnson stated this situation appears to be due to the incorrect placement of pavers.
 
Mayor Wheeler noted the rules are fairly clear on this type of issue.  It is the responsibility of the property owner to repair damages to an abutting sidewalk.  Councilmember Gordon believed if Medford Urban Renewal Agency’s construction was faulty, the City should pay for any repair and noted the pictures proved many pavers were out of alignment.  Mayor Wheeler clarified that Council generally upholds the City’s decision on these issues, because of the Code requirements.  
 
Councilmember Gordon stated he received concerns from business owners that pavers allowed water to enter their basements.   Councilmember Bearnson stated if this was an error on the City’s part, this should not be the responsibility of the property owner to replace.
 
Public hearing closed.
 
Motion:  Uphold the appeal of the administrative decision pertaining to an unsafe sidewalk at 117 South Central Avenue.
Moved by:  Clay Bearnson                                      Seconded by:  Kevin Stine
 
Mayor Wheeler urged the Council to deny this appeal.  Councilmember Bunn stated that the City should uphold the Code on this decision.  However, if the City determines a systemic failure, we should reimbursement property owners for their replacement expense.   Ms. Cooper recommended a waiver to prevent City liability.
 
Roll call:  Councilmember Bearnson voting yes; Councilmembers Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting no.
Motion failed.
 
Motion:  Denial of the appeal to the administrative decision pertaining to an unsafe sidewalk at 117 South Central Avenue.
         Moved by:  Dick Gordon                                         Seconded by: Kevin Stine
Roll call:  Councilmember Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Bearnson voting no.
Motion carried and so ordered.
 
         120.2   Appeal of an administrative decision pertaining to an unsafe sidewalk at 135 – 149 South Central Avenue.
 
Mr. Crebbin provided a staff report.  He noted that this situation was similar to the RCC issue; however there is no tree involved. 
 
Public hearing opened.
 
Ben Tresser, owner of Central Avenue Properties, spoke regarding the sidewalk in front of his building at 135-149 South Central Avenue.  He believed the problem was related to unstable pavers and showed multiple photographs of other uneven pavers within the downtown area. 
 
               Public hearing closed.
 
Councilmember Bunn asked Ms. Cooper whether the Code required a finding of negligence for the payment of sidewalk damage; Ms. Cooper responded it does not.
 
         Motion:  Deny the appeal of the administrative decision pertaining to an unsafe sidewalk at 135‑149 South Central Avenue.
Moved by:  Michael Zarosinski                                Seconded by:  Daniel Bunn
 
Amended motion: Deny the appeal of the administrative decision pertaining to an unsafe sidewalk at 135‑149 South Central Avenue and provide nine months to comply.
Moved by:  Dick Gordon
 
Second amendment to motion: Deny the appeal of the administrative decision pertaining to an unsafe sidewalk at 135‑149 South Central Avenue, provide nine months to comply and require an indemnity agreement. 
Moved by:  Daniel Bunn
 
Roll call on main motion as amended:  Councilmembers Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Bearnson voting no.
Motion carried and so ordered.
 
         120.3   Appeal of an administrative decision pertaining to an unsafe sidewalk at 125 South Central Avenue.
 
                     Mr. Crebbin provided a staff report.  Councilmember Zarosinski asked if there were weep holes through the curb along this street; Mr. Crebbin noted he was aware of some where there were basement sumps.
 
Public hearing opened.
 
                     Mike Ziemer, representing Betty Mallis and the Franklin Building, spoke regarding the sidewalk issue at 125 South Central Avenue. He believed the electrical boxes were the cause of the paver movement.  The location in question must be lowered five inches to comply.  Mr. Ziemer consulted an arborist and was informed that lowering the pavers five inches would kill the tree. 
 
            Public hearing closed.
 
Motion:  Deny the appeal of an administrative decision pertaining to an unsafe sidewalk at 125 South Central Avenue and grant the appellant nine months to comply.
Moved by:  Chris Corcoran                                     Seconded by:  Daniel Bunn
 
Amended motion: Deny the appeal of an administrative decision pertaining to an unsafe sidewalk at 125 South Central Avenue, grant the appellant nine months to comply and require an indemnity agreement.
Moved by:  Daniel Bunn
 
Councilmember Zarosinski noted that there has been more than enough information to review the pavers in these areas.
 
Roll call on main motion as amended:  Councilmembers Bunn, Corcoran, Gordon, Matthews, Stine, and Zarosinski voting yes; Councilmember Bearnson voting no; Councilmember Jackle abstained.
Motion carried and so ordered.
 
Councilmember Bunn clarified with Mr. Crebbin that City inspectors are mandatory reporters for the ADA; Mr. Crebbin confirmed.  Councilmember Stine noted the Council should award the first applicant the additional nine-month consideration as the other appellants.
 
Motion:      Reconsider 120.1 for the purpose of granting an extension of time to comply. 
Moved by: Daniel Bunn                                           Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:      Denial of the appeal to the administrative decision pertaining to an unsafe sidewalk at 117 South Central Avenue and to grant the appellant nine months to comply, provided they sign an indemnity agreement approved by the City Attorney.
Moved by: Daniel Bunn                                           Seconded by: Dick Gordon
Roll call:    Councilmembers Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Bearnson voting no.
Motion carried and so ordered.
 
Councilmember Bunn recommended refunding replacement costs to these agencies if the issue was determined to be the City’s responsibility.
 
130.  Ordinances and Resolutions
         None.
 
140.  Council Business
140.1  Wise Governments Committee
Mayor Wheeler spoke regarding an opportunity for a Councilmember to volunteer on the Wise Government Committee.  Councilmember Gordon asked if any Councilmember was interested in serving on this committee.  No one volunteered.
 
Motion: Direct City Manager Pro Tem Bill Hoke to appoint a staff member to attend these meetings and provide input on behalf of the City. 
Moved by:   Dick Gordon                                         Seconded by: Chris Corcoran
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes; Councilmember Matthews abstaining.  
Motion carried and so ordered.
 
         140.2   Senior Center Board volunteer
Mayor Wheeler noted Medford Senior Center would like a volunteer to serve on their board; Councilmember Gordon clarified a Councilmember was requested to serve as a voting member. Councilmember Gordon requested staff determine the meeting dates and times and provide the information to the Council.
        
140.3   Councilmember Gordon noted that an interview would be scheduled for the Landmarks & Historic Preservation Commission.  The City received one application from a former employee.
 
140.4   Councilmember Gordon spoke regarding the Travel Medford contract and the lack of consensus on a new contract due to a variety of reasons.
 
Motion:  Direct staff to prepare an extension to the current Travel Medford/City of Medford visitor services contract to June 30, 2018 or the effective date of a new contract, whichever occurs first.
Moved by: Dick Gordon                                                Seconded by:  Chris Corcoran
 
Councilmember Bunn asked for clarification; Councilmember Gordon explained that if the City would like to enter into a new contract with Travel Medford and the new contract is signed before June 30, 2018, the new contract could take effect.
 
Amended motion:  Incorporate this language into the motion:  Travel Medford will promote Medford and the Rogue Valley without discrimination and regardless of affiliation with the Chamber of Medford/Jackson County.
Moved by: Kevin Stine                                            Seconded by:  Clay Bearnson
 
Councilmember Bunn clarified that this language was agreed upon by both parties.   Councilmember Matthews noted his affiliation with the Chamber and that he would recuse himself from this issue.
 
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes; Councilmember Matthews abstaining.  
Motion carried and so ordered.
 
Second amendment to motion:  Direct staff to include language from Paragraph 3 of Exhibit A [see below] or substantially similar language from the contract relating to the creation and retention of records.
Moved by:  Daniel Bunn                                          Seconded by:  Michael Zarosinski
 
Councilmember Bunn believed this language was also agreed to previously.  Councilmember Zarosinski requested the proposed language be read into the record.  “Travel Medford shall maintain records and accounts that will allow the City to assure proper accounting for all funds paid for performance of the agreement.  The City shall have the right, during the term of the agreement or within 180 days after the expiration or termination of the agreement, to audit the Travel Medford record for a period of three years prior to the date of the audit.  The audit shall be undertaken by a qualified person or entity to be paid for by Travel Medford. Travel Medford agrees that semi‑annually it will provide financial records from its accountants relating to the preceding six months to the City.  The financial records shall include, but are not limited to, a balance sheet, an income statement and expense reports. Travel Medford shall maintain financial records for at least six years after the expiration of the agreement.” 
 
Roll call on the second amendment:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes; Councilmember Matthews abstaining.  
Motion carried and so ordered.
 
Third amendment to the motion:  Revise extension term from two years to one year; from 2018 to 2017.
         Moved by:  Clay Bearnson                                            Seconded by:  Daniel Bunn
 
Councilmember Zarosinski noted he would not agree to the amendment, explaining the study/review is expected to take a significant amount of time.  Mayor Wheeler agreed and stating a two-year cycle is more realistic.
 
Roll call on the third amendment:  Councilmembers Bearnson, Bunn, and Stine voting yes; Councilmembers Corcoran, Gordon, Jackle, and Zarosinski voting no; Councilmember Matthews abstaining.  
Motion failed.
 
Roll call on main motion as amended:  Councilmembers Corcoran, Gordon, Jackle, and Zarosinski voting yes; Councilmembers Bearnson, Bunn, Stine voting no; Councilmember Matthews abstaining.
Motion as amended carried and so ordered.
        
Mayor Wheeler spoke regarding the creation of a working group consisting of members from the Chamber, Travel Medford and Council to discuss the Travel Medford contract. 
 
Motion:      Create a working group to study the feasibility of Travel Medford becoming a separate legal entity, independent from the Chamber of Commerce of Medford/Jackson County.
Moved by: Dick Gordon                                                Seconded by:  Michael Zarosinski
 
Councilmember Bunn asked whether this was to direct staff to bring something more formal or whether the motion created a group; Mayor Wheeler clarified his intention was to enable the formation of a working group.
 
Councilmember Gordon asked whether Mayor Wheeler preferred a couple Councilmembers to determine a proposal and provide a recommendation to the full council; Mayor Wheeler agreed and noted he would be happy to participate in the group. Councilmember Corcoran suggested an even representation for and against the separation; Mayor Wheeler agreed and recommended Council approval of the members participating in the working group.
 
Amended motion:  Create a working group to study the feasibility of Travel Medford becoming a separate legal entity, independent from the Chamber of Commerce of Medford/Jackson County and provide a recommendation to the Council within 18 months.
Moved by: Michael Zarosinski
 
Mayor Wheeler explained that was his intent, but would like the recommendation to occur within 12 months. 
 
Seconded amendment to the motion: Create a working group to study the feasibility of Travel Medford becoming a separate legal entity, independent from the Chamber of Commerce of Medford/Jackson County and provide a recommendation to the Council within 12 months.
Moved by:  Michael Zarosinski
 
 
Councilmember Jackle asked whether the current contract contained an integration clause; Councilmember Gordon briefly reviewed the contract and did not see that language.  Councilmember Jackle clarified this is outside of the original contact. 
 
Councilmember Gordon preferred to establish the committee of two Councilmembers who will provide a recommendation to the entire Council. He suggested Councilmembers Bunn and Zarosinski to serve.
 
Roll call on main motion as amended: Councilmembers Bearnson, Bunn, Gordon, Stine and Zarosinski voting yes; Councilmembers Corcoran and Jackle voting no; Councilmember Matthews abstained. 
Motion carried and so ordered.
 
140.5   Mayor Wheeler spoke regarding the Tyler Contract and recommended approval of the contract.  Technology Services Director Doug Townsend explained he received an extension of 60 days before a new contract would be required. Councilmembers discussed whether to reconsider this contract, the cost of the software, the staff work involved in drafting the contract, the use of contingency funds, and Roberts Rules regarding reconsideration.
 
Motion:      No pending general fund project may be appropriated without additional approval by City Council.
Moved by: Michael Zarosinski                                 Seconded by:  Daniel Bunn
 
After discussion, Councilmember Zarosinski withdrew his motion. 
 
Motion:  Reconsider Council Item 60.7 regarding Tyler software and postpone the topic to the March 3, 2016 City Council meeting.
Moved by:  Michael Zarosinski                                Seconded by:  Daniel Bunn
Roll call:  Councilmembers Bearnson, Bunn, Gordon, Matthews, Stine and Zarosinski voting yes; Councilmember Jackle voting no; Councilmember Corcoran abstained. 
Motion carried and so ordered.
 
*Out of sequence.
 
Travel Medford Report
Senior Vice President of Travel Medford, Anne Jenkins, provided a report for Travel Medford.  She spoke regarding various topics including transient lodging tax, website traffic, Facebook activity as well as the events held this quarter.
 
150.  Further Reports from the City Manager and Staff
         None.
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 Stine requested a joint study session with the Parking Commission to discuss the issues brought forward during the noon session. 
 
b.     Councilmember Bearnson spoke regarding an email received regarding a family struggling to find housing in southern Oregon.
 
Motion:      Direct staff to support House Bill 2465 and Senate Bill 115-33, inclusionary zoning legislation.
Moved by: Clay Bearnson                                       Seconded by:  Kevin Stine
 
Councilmembers discussed the topic.  Councilmembers Corcoran and Matthews did not believe they knew enough about the topic to vote.  Councilmember Jackle did not believe that inclusionary zoning would actually solve the problem of housing and suggested a study session to review evidence in support or against inclusionary zoning.  Councilmember Bunn noted he volunteers with ACCESS and is recused from voting on this topic. Councilmember Gordon agreed to co-sign a letter with Councilmember Bearnson.
 
Roll call:  Councilmembers Bearnson and Stine voting yes; Councilmembers Bunn, Gordon, Jackle, Matthews and Zarosinski voting no; Councilmember Corcoran abstained.  
Motion failed.
 
170.  Adjournment
         There being no further business, this Council meeting adjourned at 9:44 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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