Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, March 03, 2016

AGENDA                                
March 3, 2016
12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon

  
10.    Roll Call
 
Introduction of McLoughlin Middle School Students of the Month
 
20.    Approval or Correction of the Minutes of the February 18 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 2016-27 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 117 S. Central Avenue.
 
         40.2     COUNCIL BILL 2016-28 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 135 – 149 S. Central Avenue.
 
         40.3     COUNCIL BILL 2016-29 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 125 S. Central Avenue.
 
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-30 A resolution adopting the fifth Supplemental Budget for the 2015-17 biennium.
 
         60.2     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.
 
         60.3     COUNCIL BILL 2016-31 An ordinance accepting the dedication to the City of Medford a street known as Hospitality Way which extends 434 feet in length.
 
         60.4     COUNCIL BILL 2016-32 A resolution approving referral to the electors of the City of Medford the question of imposing a three percent tax on the sale of marijuana items by a marijuana retailer within the City.
 
         60.5     COUNCIL BILL 2016-33 A resolution approving referral to the electors of the City of Medford the question of banning marijuana retailers within the City.
 
         60.6     COUNCIL BILL 2016-34 An ordinance authorizing execution of an amended Agreement with the Chamber of Medford/Jackson County to include requested additions and to allow for an extension of time to finalize negotiations.
 
70.    Council Business
         70.1     Multicultural Commission Appointment
 
80.    City Manager and Other Staff Reports
         80.1     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
 
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 COUNCIL BILL 2016-35 An ordinance amending sections 10.031. 10.146, 10.300, 10.348, 10.349, 10.350, 10.351, 10.352, 10.353, 10.354, 10.355, 10.358, 10.360, 10.365, 10.410, 10.411, and 10.414 of the Medford Code to align with the Airport’s Master Plan Update. (ZC-13-079, DCA-13-080) Legislative
 
         120.2 COUNCIL BILL 2016-36 An ordinance vacating an approximate 8,080 square feet of public right-of-way located north of Dakota Avenue between Park and S. Oakdale Avenues. (SV-15-160) Land Use, Quasi-Judicial
 
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




MINUTES
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 at the Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson*, 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
 
Councilmember Daniel Bunn was absent.
 
*Left and returned as noted.
 
Introduction of McLoughlin Middle School Students of the Month
McLoughlin Assistant Principal Rick Parsagian introduced the students of the month.
 
20.    Approval or Correction of the Minutes of the February 18 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.    Oral Requests and Communications from the Audience
         30.1     Paul Nielson, CPA, of Isler CPA, presented the audit report for the City of Medford. The Council received clarification on GASBI and how it pertains to PERS. Councilmember Gordon questioned how other cities receive this type of information; Mr. Nielson responded cities our size generally receive information through an Audit Committee.
 
         30.2     Don Anway, 200 N. Riverside, representing several hotels, noted concern regarding the tabled motion for a two year contract with Travel Medford. Councilmember Corcoran explained the contract will not change as the proposal is only an extension; Mr. Anway stated that if Council is going to eliminate Travel Medford, it should be done now to not waste time.
 
         30.3     Mark Millner, 12 Ashland Avenue, spoke about Dan Brame, a parking consultant used for downtown parking, and the $219,000 Mr. Brame received from MURA and the City for his services. He requested a study session with the Parking Commission to discuss the available parking. Mayor Wheeler noted Council has scheduled a study session with the Parking Commission next week.
 
         30.4     David Wright, 4036 Fieldbrook Avenue and Chamber Board Member, spoke pertaining to the Travel Medford contract; he would like our leadership to have vision to improve tourism and our life in Southern Oregon. He noted Council believed Travel Medford had done a good job and that fact should be considered. Councilmember Bearnson questioned the consequences if the contract is revised; Mr. Wright responded that Travel Medford’s experience, knowledge, relationship with local businesses and beyond should be all considered.
 
         30.5     Calvin Martin, 125 W. Pine Street, Jacksonville, representing clients on Table Rock Road, expressed concern with the potential Costco location. He noted all but one of the Costco stores in Oregon are located in commercial zones. Central Point’s proposed location is within an industrial zone and freight route. He noted various traffic problems from other Costco locations and explained that Medford’s Costco has 30% more traffic than Rogue Valley Mall.
 
40.    Consent Calendar
         40.1     COUNCIL BILL 2016-27 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 117 S. Central Avenue.
 
         40.2     COUNCIL BILL 2016-28 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 135 – 149 S. Central Avenue.
 
         40.3     COUNCIL BILL 2016-29 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 125 S. Central Avenue.
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                     Seconded by:  Michael Zarosinski
 
50.    Items Removed from Consent Calendar
Councilmember Gordon requested the removal of 40.1, 40.2 and 40.3 and asked whether Council was obligated to vote on these items today. City Attorney Lori Cooper clarified that Code did not provide a deadline for a Council decision; however, there is a safety issue with these sidewalks that should be taken into consideration by Council. Councilmember Gordon stated he walked part of Central Avenue and believes Council needs more information and should investigate whether the current system is reasonable.  He also noted the City should also be concerned with indemnity throughout any investigation period.
 
Public Works Director Cory Crebbin stated he conducted a site distance investigation on this topic and noted the manufacturer does not recommend maintenance for these pavers; he believes 90% of the issues are due to root balls caused by aggressive pruning away from awnings. The broken pavers next to the curbs are most likely caused by a large vehicle, such as a truck or RV.
 
Ms. Cooper clarified Medford Code Section 3.025 pertaining to sidewalk appeals which specifies appeals shall be heard within 60 days.  If the Council finds that sidewalk repairs are necessary, the owner shall have 20 days from the date of the Council determination, or as specified by the Council, to repair the sidewalk.  These appellants were provided 9 months to comply during the February 18, 2016 Council meeting.
 
Councilmember Zarosinski questioned whether the City could provide construction techniques and direction; Mr. Crebbin noted the City can provide information and also work with the city arborist to prevent this type of issue. Mayor Wheeler noted at some point the owner of the property needs to take responsibility according to our Code, but agreed the City should work with these property owners.
 
Councilmember Bearnson questioned if Council would be discussing this design flaw repeatedly; Mr. Crebbin couldn’t answer that question as a field test is needed at that location. He again stressed that other areas don’t have the same issues and replacing the pavers with concrete would be more expensive. Councilmember Corcoran noted the property owners did not get to choose which trees were planted. Mr. Crebbin noted that the same species of trees in other areas don’t cause this problem.
 
*Councilmember Bearnson left the dais.
 
Councilmember Stine asked how the City would determine the lowest life cycle cost if this were occurring on City property; Mr. Crebbin responded the Parks Department would be consulted and the pavers reinstalled correctly. Councilmember Gordon noted the trees should probably be removed in locations with awnings as there is a compatibility issue.  He believed the Council needed more information, should investigate whether the current system is reasonable, possible options for financing the repair work and determine the responsibility before voting on this issue. 
 
*Councilmember Bearnson returned to the dais.
 
Mayor Wheeler stated that the awnings were purchased for a design standpoint; much MURA money was spent to improve the value of these properties with the awnings.  Mr. Crebbin did not think the City should bear the burden of the repairs and noted the only other thing he could do is talk to the arborist and possibly install larger tree grates, although that expense would need to be approved.
 
Motion:      Table Council Bills 2016-27, 28, and 29 to the April 7, 2016 Council meeting.
Moved by: Kevin Stine                                                      Seconded by:  Chris Corcoran
Roll call:  Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-30 A resolution adopting the fifth Supplemental Budget for the 2015‑17 biennium.
 
                     Finance Director Alison Chan presented the staff report.
 
*Ms. Cooper left and returned to the dais.
 
                     Ms. Chan noted the Council requested staff to take $700,000 out of contingency to pay for the ERP and then come back with strategies to replenish contingency. Ms. Chan clarified the supplemental budget requirements, per Council’s request.
 
                     City Manager Pro Tem Hoke presented a list of projects that Council could postpone to provide the funding for the Tyler contract.  In response to a concern by Councilmember Gordon, Ms. Chan noted the City Hall remodel redesign was part of the bid, but general fund money will need to be used.
 
Motion:      Approve the resolution adopting the fifth Supplemental Budget for the 2015‑17 biennium.
Moved by: Kevin Stine                                             Seconded by: Michael Zarosinski 
Roll call:    Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
                     Resolution 2016-30 was duly adopted.
 
         60.2     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.
 
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:  Eli Matthews
 
Councilmember Gordon noted he will be voting no due to size of the project and the current workload of Technology Services.  Mr. Hoke explained additional staff will be hired to help with this contract; Mr. Townsend stated approximately 90% of the project cost is for assistance, which will be provided through the software implementation.  Councilmembers discussed the funding and the $332,000 restored to contingency.
 
Motion:      As a friendly amendment, incorporate the General Fund Capital Improvement Projects spreadsheet outlining the funding.
Moved by: Chris Corcoran
 
Mayor Wheeler explained that Council needed to vote on Councilmember Stine’s pending motion before any motions to amend, pursuant to Robert Rules of Order. 
 
Roll call:  Councilmembers Corcoran, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmembers Bearnson and Gordon voting no.
Ordinance 2016-25 will be placed for a second reading.
 
Amended Motion:  Direct staff to incorporate the numbers from the General Fund Capital Improvement Project spreadsheet of February 26, 2016 into action.
         Moved by: Kevin Stine                                             Seconded by: Chris Corcoran
 
Modified Amended Motion:  Direct staff to take the recommendations from the General Fund Capital Improvement Project Spreadsheet of February 26, 2016 to replenish the contingency. 
Moved by:  Kevin Stine                                                  Seconded by:  Chris Corcoran
Roll call:  Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
         Motion carried and so ordered.
 
         60.3     COUNCIL BILL 2016-31 An ordinance accepting the dedication to the City of Medford a street known as Hospitality Way which extends 434 feet in length.
 
                     Mr. Crebbin presented the staff report stating this is a private street and the developer requested information on how to dedicate the land to the City.
 
Motion:      Adopt the ordinance accepting the dedication to the City of Medford a street known as Hospitality Way which extends 434 feet in length.
Moved by: Clay Bearnson                                       Seconded by:  Kevin Stine
Roll call:    Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
                     Ordinance 2016-31 was duly adopted.
 
         60.4     COUNCIL BILL 2016-32 A resolution approving referral to the electors of the City of Medford the question of imposing a three percent tax on the sale of marijuana items by a marijuana retailer within the City.
 
Mayor Wheeler declared a 5 minute recess at 1:47 p.m. and noted because of the hour, some agenda items would be postponed to the evening meeting. 
 
*   *   *   *   *
 
Meeting reconvened to the noon session at 1:53 p.m. with the same persons present. Mayor Wheeler noted that Agenda Item 60.6 would be postponed to the evening meeting.
 
                     Deputy City Attorney Kevin McConnell presented the history of the marijuana regulation and noted these Council Bills were formalizing what Council approved on December 17, 2015. The topic was brought to Council early to answer any questions on the proposed resolution.
 
                     Councilmember Stine questioned the definition of term “marijuana retailer”; Mr. McConnell explained it is defined pursuant to state law as recreational. Councilmember Stine questioned whether this would tax marijuana paraphernalia and/or products containing marijuana; Mr. McConnell noted paraphernalia is not included, but products containing marijuana would be taxed.
 
                     Councilmember Bearnson declared ex parte contacts and a potential conflict of interest.
 
                     Councilmember Bearnson requested a study session to determine where the money will be allocated; Councilmember Gordon would like the language easier for people to understand, specifically clarifying this does not cover medical marijuana.  Mr. McConnell clarified he did not want to deviate far from the state law language, but could add the word “recreational”.
           
Motion:  Approve the resolution approving referral to the electors of the City of Medford the question of imposing a three percent tax on the sale of marijuana items by a marijuana retailer within the City and the accompanying exhibits; direct the City Attorney to prepare the ballot title for the measure and deposit the ballot title with the City Recorder within the time set forth by law; and authorize the City Recorder to act on behalf of the City and to take such further action as is necessary to carry out the intent and purposes set forth herein, in compliance with the applicable provisions of law subject to final approval of the ballot question and the ballot statement by the City Council.
Moved by: Dick Gordon                                           Seconded by:  Kevin Stine
 
Ms. Cooper asked Mr. McConnell whether it would be more helpful to postpone this issue, because the exhibits have not been finalized; Mr. McConnell agreed it would be best to postpone the vote. 
 
Councilmember Zarosinski asked whether a motion to table the issue would cancel the pending motion; Mayor Wheeler confirmed it would. 
 
Motion:      Table the issue until the next City Council meeting [March 17] with revisions clarifying recreational versus medical marijuana.
Moved by: Michael Zarosinski                                 Seconded by:  Kevin Stine
Roll call:    Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
                     Motion carried and so ordered.
 
         60.5     COUNCIL BILL 2016-33 A resolution approving referral to the electors of the City of Medford the question of banning marijuana retailers within the City.
 
Councilmember Stine would like the bill to clarify recreational versus medical as discussed in 60.4.  He also preferred the motions be written in a way that voting yes would create changes and voting no would not.  As currently written a “no” vote passes the ban. 
 
Motion:      Table Council Bill 2016-33 until the next City Council meeting [March 17].
Moved by: Kevin Stine                                             Seconded by:  Chris Corcoran
Roll call:    Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
                     Motion carried and so ordered.
 
         60.6     COUNCIL BILL 2016-34 An ordinance authorizing execution of an amended Agreement with the Chamber of Medford/Jackson County to include requested additions and to allow for an extension of time to finalize negotiations.
 
            Mayor Wheeler noted that Council Bill 2016-34 has been postponed to the evening meeting.
 
70.    Council Business
         70.1     Multicultural Commission Appointment
                     Councilmember Stine noted Maricela Munoz is a student at South Medford High School.
 
Motion:      Appoint Maricela Munoz to the Multicultural Commission for a partial term, expiring January 31, 2018.
Moved by: Kevin Stine                                             Seconded by:  Clay Bearnson
Roll call:    Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
                     Motion carried and so ordered.
 
80.    City Manager and Other Staff Reports
         80.1     Further reports from City Manager:  None.
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         90.2     Further Council committee reports:  None.
           
         90.3     Further remarks from Mayor and Councilmembers:  None.
 
100.  Adjournment to the Evening Session
         The meeting adjourned to the evening session at 2:10 p.m.
 
 
EVENING SESSION
7:00 P.M.
 
The evening meeting of the Medford City Council was called to order at 7:05 p.m. at the Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, 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
 
Councilmember Daniel Bunn was absent.
 
*Councilmember Gordon arrived as noted.
 
110.  Oral Requests and Communications from the Audience
         None.
 
*Councilmember Gordon arrived.      
 
*Out of sequence.
 
         60.6 COUNCIL BILL 2016-34 An ordinance authorizing execution of an amended Agreement with the Chamber of Medford/Jackson County to include requested additions and to allow for an extension of time to finalize negotiations.
 
Motion:      Allow the current Travel Medford contract to expire with no extensions or renewals; in the interim, direct staff to issue an RFP to find a new destination marketing organization.
Moved by: Clay Bearnson                                       Seconded by:  Kevin Stine
 
Councilmember Bearnson believes a decision should be made now and he didn’t see any other way to handle the issue.  Councilmember Jackle noted he will not support the motion and preferred an extension.
 
Roll call:    Councilmembers Bearnson and Stine voting yes; Councilmembers Corcoran, Gordon, Jackle, and Zarosinski voting no; Councilmember Matthews abstaining.
Motion failed.
 
Motion:      Approve the ordinance authorizing execution of an amended Agreement with the Chamber of Medford/Jackson County to include requested additions and to allow for an extension of time to finalize negotiations based on the finding that:
 
The Medford City Charter provides that a portion of the transient lodging tax (an amount not to exceed 25% of such tax) may be used for the purpose of promoting, directly or through contract, the use of the City of Medford for recreational, cultural, convention and tourist-related activities and services.  The City has contracted with the Chamber of Medford/Jackson County (“Chamber”) to provide these services since approximately 1975.
 
Contracts for promoting the use of the City of Medford for recreational, cultural, convention and tourist-related activities and services are exempt from competitive bidding and competitive quoting pursuant to Medford City Ordinance 2.579.  However, the City Council desires to formally adopt these findings to support its award of a contract to the Chamber.
 
The City has determined that such services are in the public interest and will be for a public purpose for the benefit of the City and that securing tourism business produces revenue for the City, by increasing business license fees and transient lodging taxes, and revenue for City owned properties such as U.S. Cellular Park. 
 
The promotion of tourism is a highly specialized service requiring expertise and the confidence of participating local businesses.  
 
The Chamber has a unique position as a promoter of recreational, cultural, convention, and tourist-related activities and services.
 
The Chamber has been recommended by persons whose business are subject to the tax imposed as the non-profit corporation the City should contract with for the aforesaid purposes. 
 
That considerable additional time and expenditure of funds would be needed if other firms were required to develop the expertise necessary for this work, which the Chamber already has by virtue of previous work on the project. 
 
The execution of an amended Agreement with the Chamber of Medford/Jackson County to include requested additions and to allow for an extension to finalize negotiations, which agreement is on file in the City Recorder’s Office is hereby authorized and the effective date of this Agreement is July 1, 2016 through June 30, 2018.
 
Moved by: Michael Zarosinski                                 Seconded by:  Chris Corcoran
 
Councilmember Zarosinski gave credit to City Attorney Lori Cooper and Councilmember Jackle who assisted him with the language and also noted he used the City of Portland’s language to draft his motion.  Councilmember Corcoran spoke regarding the history of the Chamber contract and the council opinions over the years.  He noted the Chamber and their members are a vibrant part of our community. Councilmember Bearnson stated this should be about supporting Travel Medford and Council acknowledges the work Travel Medford has accomplished for the City, yet we are proposing something that does not benefit them.
 
Councilmember Jackle noted that Travel Medford is part of the Chamber and is not a separate entity; and wished the term of the contract was longer. Mayor Wheeler believed we are doing a disservice to Travel Medford, because there is no difference between Travel Medford and the Chamber.  He believed we would have a stronger group if Travel Medford were separated from the Chamber. Mayor Wheeler also noted the City is unaware what expenses are paid with our funds and the need for regular budget presentations as well as information on future activities.
 
Roll call:    Councilmembers Corcoran, Gordon, Jackle, and Zarosinski voting yes; Councilmembers Bearnson and Stine voting no; Councilmember Matthews abstaining.
Ordinance 2016-34 will be placed for a second reading.
 
Councilmember Gordon talked about the creation of the work group, but did not see how Council could move forward with that work group until after the second reading; Mayor Wheeler agreed.
        
120.  Public Hearings
120.1 COUNCIL BILL 2016-35 An ordinance amending sections 10.031. 10.146, 10.300, 10.348, 10.349, 10.350, 10.351, 10.352, 10.353, 10.354, 10.355, 10.358, 10.360, 10.365, 10.410, 10.411, and 10.414 of the Medford Code to align with the Airport’s Master Plan Update. (ZC-13-079, DCA-13-080) Legislative
 
Principal Planner John Adam presented the staff report. He noted the proposal updates the Airport Approach Overlay boundary, adding the airport fence line, and creating a new overlay entitled the Airport Area of Concern.
 
Public hearing opened.
 
No one spoke.
 
Public hearing closed.
 
Motion:  Adopt the ordinance amending sections 10.031. 10.146, 10.300, 10.348, 10.349, 10.350, 10.351, 10.352, 10.353, 10.354, 10.355, 10.358, 10.360, 10.365, 10.410, 10.411, and 10.414 of the Medford Code to align with the Airport’s Master Plan Update.
Moved by:  Clay Bearnson                                       Seconded by: Michael Zarosinski 
 
Councilmember Gordon attended a SPAC meeting on this topic and there was concern about building within the fence line, as it could impact the neighbors’ view.
 
Roll call:  Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-35 was duly adopted.
 
         120.2 COUNCIL BILL 2016-36 An ordinance vacating an approximate 8,080 square feet of public right-of-way located north of Dakota Avenue between Park and S. Oakdale Avenues. (SV‑15-160) Land Use, Quasi-Judicial
 
City Attorney Lori Cooper read a statement on conducting quasi-judicial land use hearings.
 
Planning Director Jim Huber presented the staff report and noted the applicant is the City of Medford Public Works Department and there were two objections filed.  Councilmembers discussed the possible impact of the vacation on the residences as well as the cost to the City.
 
Public hearing opened.
 
Public Works Director Cory Crebbin noted this land does not meet the proper definition of an alley, as it is does not connect two public streets.  In addition, state law prohibits structures from obstructing easements.  Mr. Crebbin also provided information on the placement of fences and “paper alleys”, which Council directed staff to vacate.
 
Councilmember Gordon questioned if residents could obtain fence permits to build to the center of the alley and who would be responsible for the blockage of any utility access. Mr. Crebbin noted utility companies would take the fence down and reinstall it, although they don’t need to and that a fence permit is no longer required. If the vacation is approved as stated, homeowners could build a fence; if it is approved per Avista’s request, they would not be able to build a fence. Mr. Huber provided information on a pipeline in the alley and partially in some backyards. He also remarked that Avista does check for gas leaks on a regular basis.
                  
Alison Kalemkeris, 710 S. Oakdale, stated she was originally in favor of the vacation, but is no longer.  She had asked Avista to mark the gas line and they would like to enclose a structure in their backyard. Ms. Kalemkeris explained that if she could build a six foot fence, with access for utility trucks, she would be able in favor of the vacation.
 
Boy Scout Troop 60 was in attendance working on a merit badge; while they were leaving, Mayor Wheeler thanked them for attending.
 
Aaron Thayer, 705 Park Avenue, stated that other citizens may build a ten foot fence, which does not provide tree trimmers or utility companies with alley access. He noted he does not want the property or the property tax increase.
 
Neither Mr. Crebbin nor Mr. Huber had a rebuttal statement.
 
Public hearing closed.
 
Councilmember Stine questioned if the City had any previous issues pertaining to fence placement within the vacated alleys; neither Mr. Crebbin nor Mr. Huber recalled any issues previously. Councilmember Stine stated it is a legitimate argument if residents believed they could build a fence and find out later the public needs access.  Councilmember Zarosinski asked how an easement was defined; Mr. Crebbin stated it is not defined, but that there is state law and legal precedence stating that the property owner can do anything that doesn’t unduly interfere with the grantee’s right to have their facilities in the easement.
 
Councilmember Stine asked what happens if civil complaints are brought pertaining to the building of fences or other issues if the City vacates the property and no longer has control; Mr. Crebbin responded that vacated property is no longer a public right-of-way and the public would no longer have access to the property.  Councilmember Stine questioned if there was a resident that used the alley for access to their property and someone builds a fence in the alley, that resident would not be allowed access; Mr. Crebbin agreed. 
 
Motion:  Adopt the ordinance vacating an approximate 8,080 square feet of public right-of-way located north of Dakota Avenue between Park and S. Oakdale Avenues.
Moved by:  Chris Corcoran                                      Seconded by:  Tim Jackle
 
Councilmember Stine noted he would vote no on this motion, due to the fence issue. He explained that residents maintained the land for years and have concerns with the possibility of building a fence prohibiting access. Councilmember Gordon believed approval would cause issues with the neighbors. Councilmember Zarosinski would not support the motion as neighbors are using the alley and it would not allow property owners to control the vacated land. Councilmember Jackle noted the motion did not include the addition of a PUE.  Therefore, as written, it would allow fences. 
 
Roll call:  Councilmembers Corcoran, Jackle and Matthews voting yes; Councilmembers Bearnson, Gordon, Stine and Zarosinski voting no.
Motion failed.
 
Ms. Cooper noted the approval criteria must be discussed on the record.  Councilmember Zarosinski stated the vacation does not meet Goal 1 of the Transportation System Plan as it does not provide for multi-model transportation nor safe, efficient accessible movement of all people and goods as the alley is currently used for those purposes and would not be allowed in the future.
 
130.  Ordinances and Resolutions
         None.
 
140.  Council Business
a.   Councilmember Gordon noted Kathy Helmer was interviewed for the Landmarks & Historic Preservation Commission.
 
Motion:  Appoint Kathy Helmer to the Landmarks & Historic Preservation Commission with a term ending January 31, 2018.
Moved by:  Clay Bearnson                                       Seconded by:  Kevin Stine
Roll call:  Mayor Wheeler and Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
b.   Councilmember Gordon spoke regarding the staff liaison appointments for 2016 to various Boards and Commissions. 
 
Motion:  Approve the appointment of the non-voting Council members and Liaisons to the City’s various Boards, Commissions and Authorities.
Moved by:  Dick Gordon                                          Seconded by:  Kevin Stine
Roll call:  Mayor Wheeler and Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
c.   Councilmember Gordon requested a synopsis of the trip from Councilmembers who went to Washington D.C.  Councilmember Zarosinski explained Councilmembers met with nine different agencies and three different Oregon Congressional Delegations and FEMA representatives while in Washington D.C. The majority of the grants that we had on the table were more regional in nature.  He believed it was a productive trip.
 
Councilmember Bearnson agreed it was a successful trip and thought the trip would increase support for Medford’s issues.
 
d.   Councilmember Gordon stated there is an coming study session to discuss Medford’s homeless population as well as the Third and Front Street property. Mr. Hoke will provide information to bring the Council up-to-date.
 
e.   Councilmember Gordon stated there is an upcoming meeting with the editorial staff of the Mail Tribune and potential topics should be sent to him.
 
f.    Councilmember Gordon explained that Parks & Recreation Director Brian Sjothun suggested changes in Council’s involvement with the Arts, Cemetery and Mayor’s Youth Advisory Commission.  Staff will provide additional information on this topic.
 
150.  Further Reports from the City Manager and Staff
         a.   Medford Senior Center had requested Council participation on their board. Beginning in April, their Board will meet the fourth Tuesday of every month at 2:00 p.m. for approximately 90 minutes.  Councilmember Gordon questioned whether a staff member would be acceptable in this position; Mayor Wheeler noted the Senior Center may be willing to change their meeting time to accommodate those who work. Council directed Mr. Hoke to determine whether a senior staff member may participate in lieu of a Councilmember and whether the meeting times could be changed. 
 
         b.   Mr. Hoke noted that Roger Thom was appointed to serve as a staff member to the WISE Committee.
 
         c.   In response to Council direction, the Legal Department sought counsel to help with the UGB process.  Ms. Cooper reported that Jeff Condit from the Portland firm of Miller Nash was selected and is expected to begin next week.
 
         d.   Ms. Cooper noted interviews were held for the vacancy left by John Huttl.  Eric Mitton from the law firm of Hornecker, Cowling is recommended to fill the vacancy. If approved, he will start at the end of March.
 
Motion:      Allow staff to hire senior attorney Eric Mitton.
Moved by: Kevin Stine                                                   Seconded by:  Clay Bearnson
Roll call:    Councilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
               Councilmember Jackle thanked Mr. Hoke and Ms. Cooper for their work.  He recommended that Mr. Condit review findings as well as represent the City. Ms. Cooper noted the agreement is very broad and only specifies work on the UGB process.  Ms. Cooper requested Council direction regarding the scope of his duties.
 
         e.   Mr. Hoke noted the final verbiage and scoring criteria for the convention center feasibility study is nearly complete and the plan is to issue the RFQ by Wednesday, March 9. 
 
160.  Propositions and Remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports
a.   Councilmember Gordon recently learned that RVCOG meetings are audio recorded and those recordings are available on their website.
                            
         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.
 
 
 
Karen M. Spoonts, MMC
City Recorder

 

 

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