Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, May 05, 2016

AGENDA                             
May 5, 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 April 21 Regular Meeting
 
30.    Oral Requests and Communications from the Audience
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         30.1     RVTD Request
 
         30.2     Landmarks & Historic Preservation Commission Update by Cathy deWolfe
 
40.    Consent Calendar
        
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-52 An ordinance authorizing acceptance and expenditure of a grant from the State of Oregon Parks and Recreation Heritage Program in the amount of $6,000.
 
         60.2     COUNCIL BILL 2016-53 An ordinance authorizing execution of a quitclaim deed to release City interest in a 15-foot sanitary sewer easement located in Sky Lakes Village at Cedar Landing.
 
         60.3     COUNCIL BILL 2016-54 An ordinance authorizing execution of Intergovernmental Agreement No. 30817 with the Oregon Department of Transportation to design and construct signal upgrades on Jackson Street between Court Street and Crater Lake Avenue and on McAndrews Road between Central Avenue and Crater Lake Avenue.
 
         60.4     COUNCIL BILL 2016-55 An ordinance authorizing execution of Intergovernmental Agreement No. 31209 with the Oregon Department of Transportation to define right-of-way acquisition roles and responsibilities for street improvements on Foothill Road between Hillcrest Road and McAndrews Road.
 
         60.5     COUNCIL BILL 2016-56 An ordinance repealing sections 9.350 and 9.400, amending section 9.660, and adding sections 9.990 through 9.914 to adopt the International Property Maintenance Code.
        
70.    Public Hearing
         70.1     COUNCIL BILL 2016-57 A resolution adopting the Action Plan for use of the City’s Community Development Block Grant (CDBG) fund for fiscal year 2016-17.
 
80.    Council Business
              
90.    City Manager and Other Staff Reports
         90.1     Quarterly Financial Report by Finance Director Alison Chan
 
         90.2     Further reports from City Manager
 
100.  Propositions and Remarks from the Mayor and Councilmembers
         100.1   Proclamations issued:
                        National Public Works Week – May 15-21, 2016
 
         100.2   Further Council committee reports
           
         100.3   Further remarks from Mayor and Councilmembers
 
110.  Adjournment to the Evening Session
 
 
EVENING SESSION
7:00 P.M.
 
 
There are no items for Council consideration.



MINUTES
May 5, 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 Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn*, Chris Corcoran*, Tim Jackle, Eli Matthews, Kevin Stine and Michael Zarosinski*
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Councilmember Dick Gordon 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 April 21, 2016 regular meeting
         There being no additions or corrections, the minutes were approved as presented.
 
*Councilmember Corcoran left the dais.
 
30.    Oral requests and communications from the audience
         30.1     RVTD Request
Julie Brown, General Manager of Rogue Valley Transportation District (RVTD), apologized for not providing information to the Council on a timely manner, but will do so in the future. Paige Townsend, RVTD Senior Planner, provided information on services provided by RVTD. Tonia Moro, RVTD Boardmember, requested Council’s support of the ballot measure.
 
*Councilmember Corcoran returned to the dais.
 
Councilmember Matthews questioned if there will be a restoration of the evening routes; Ms. Moro responded that those routes are a high priority, but it won’t happen with this levy. Councilmember Matthews questioned the amount as this is the same amount that was brought forth at the last election which did not pass; Ms. Moro thought that it was not the amount that caused it not to pass, but more to do with the circumstance, timing and effort.  Councilmember Bunn noted that RVTD does a lot without a lot of money and stated he supported this.
 
Motion:      Endorse RVTD Measure 15-141.
Moved by: Daniel Bunn                                                 Seconded by:  Kevin Stine
 
Councilmember Corcoran noted he had a professional relationship with RVTD, but it would not impact his vote on this matter and he will vote on this motion.  He spoke highly about RVTD and its employees.
 
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
30.2     Landmarks & Historic Preservation Commission Update by Cathy de Wolfe
Cathy de Wolfe thanked City staff and the State Preservation Office for their help and provided information on the projects implemented this year. She encouraged dialogue and recognized that this is important. Councilmember Bearnson thanked her for her service and noted art, music and food are an important part of revitalizing Medford.
 
*Councilmember Corcoran left the dais.
 
Mayor Wheeler read the Landmarks & Historic Preservation proclamation and thanked Ms. de Wolfe for her work on this Commission.
 
*Councilmember Corcoran returned to the dais.
 
30.3     Tim Martinez, Oregon Banker’s Association, spoke regarding Ordinance 2016-56 and requested a list of the top blighted homes. Mr. Martinez noted how the ordinance puts lenders in a tough situation, because they cannot perform work on the homes until the foreclosure process has been initiated. He noted the Council should have received a copy of the letter from Kevin T. Christiansen, the Government Affairs Director for the Oregon Banker’s Association.
 
Councilmember Corcoran clarified the ordinance would impact only vacant homes which have been sent repeated notices. This is not aimed at the community banks, but the big banks. Councilmember Corcoran appreciated the positive suggestions, but noted he is supporting this ordinance.  Mr. Martinez agreed with Councilmember Corcoran; however he did not believe the process had been completed, because it is in the bank’s best interest to sell the property. Mr. Martinez requested clearer language.
 
Councilmember Bunn thanked Mr. Martinez for speaking and stated Medford has a serious problem with vacant homes and the community has asked Council for help; however, the foreclosure process is very slow.  If the association has specific language, Council would look at it.  Mr. Martinez noted the 2010 legislature passed a bill that required financial investors pivot 180 degrees. He requested lenders receive the information sooner pertaining to issues with the properties.
 
40.    Consent calendar
         None.
 
50.    Items removed from consent calendar
         None.
 
60.    Ordinances and resolutions
60.1     COUNCIL BILL 2016-52 An ordinance authorizing acceptance and expenditure of a grant from the State of Oregon Parks and Recreation Heritage Program in the amount of $6,000.
 
Motion:      Approve the ordinance authorizing acceptance and expenditure of a grant from the State of Oregon Parks and Recreation Heritage Program in the amount of $6,000.
Moved by: Daniel Bunn                                           Seconded by:  Chris Corcoran
 
Councilmember Bunn noted sending Commissioners on trainings is a good use of funds.
 
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Ordinance 2016-52 was duly adopted.
 
60.2     COUNCIL BILL 2016-53 An ordinance authorizing execution of a quitclaim deed to release City interest in a 15-foot sanitary sewer easement located in Sky Lakes Village at Cedar Landing.
 
Motion:  Approve the ordinance authorizing execution of a quitclaim deed to release City interest in a 15-foot sanitary sewer easement located in Sky Lakes Village at Cedar Landing.
Moved by: Daniel Bunn                                           Seconded by:  Clay Bearnson
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Ordinance 2016-53 was duly adopted.
 
60.3     COUNCIL BILL 2016-54 An ordinance authorizing execution of Intergovernmental Agreement No. 30817 with the Oregon Department of Transportation to design and construct signal upgrades on Jackson Street between Court Street and Crater Lake Avenue and on McAndrews Road between Central Avenue and Crater Lake Avenue.
 
Public Works Director Cory Crebbin noted the Agenda Item Commentary’s street names were revised, but the map was correct.  Councilmember Corcoran asked for clarification of “HSIP”; which Mr. Crebbin indicated stood for Highway Safety Improvement Program, a federal program for safety improvements.  Jackson Street is the only area that met the criteria for this grant.
 
Motion:       Approve the ordinance authorizing execution of Intergovernmental Agreement No. 30817 with the Oregon Department of Transportation to design and construct signal upgrades on Jackson Street between Court Street and Crater Lake Avenue and on McAndrews Road between Central Avenue and Crater Lake Avenue; and authorizing the HSIP agreement with ODOT.
Moved by: Kevin Stine                                             Seconded by:  Daniel Bunn
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Ordinance 2016-54 was duly adopted.
 
60.4     COUNCIL BILL 2016-55 An ordinance authorizing execution of Intergovernmental Agreement No. 31209 with the Oregon Department of Transportation to define right-of-way acquisition roles and responsibilities for street improvements on Foothill Road between Hillcrest Road and McAndrews Road.
 
Motion:      Approve the ordinance authorizing execution of Intergovernmental Agreement No. 31209 with the Oregon Department of Transportation to define right-of-way acquisition roles and responsibilities for street improvements on Foothill Road between Hillcrest Road and McAndrews Road.
Moved by: Clay Bearnson                                       Seconded by:  Daniel Bunn
 
Councilmember Stine questioned why the costs were reported as “none” on the Agenda Item Commentary; Mr. Crebbin explained there is already an IGA on file for this project; but it doesn’t allow the City’s Public Works staff to lead the right-of-way acquisition.
 
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Ordinance 2016-55 was duly adopted.
 
60.5     COUNCIL BILL 2016-56 An ordinance repealing sections 9.350 and 9.400, amending section 9.660, and adding sections 9.990 through 9.914 to adopt the International Property Maintenance Code.
 
Development Services Manager Christy Taylor presented a staff report. She noted this Code amendment adopted the International Property Maintenance Code (IPMC) regulations preventing boarded up/abandoned properties.  She clarified this affected both commercial and residential properties, provided a six month time limit to repair or demolish the building, specified that appeals will be heard though the Unified Appeals Board and clarified and/or added definitions to the Medford Municipal Code.
 
Councilmember Corcoran asked Ms. Taylor to respond to Mr. Martinez’s concerns outlined in Agenda Item 30 above. Ms. Taylor explained that Building Department makes every effort to work with banks during the 18-month process.  Deputy City Attorney Kevin McConnell recommended passing this ordinance as presented, noting this ordinance is similar to what other Cities have adopted. He provided information on banks’ rights and interests.
 
Councilmember Jackle commented on the letter from Mr. Martinez, stating he did not think lien holders should be considered owners or that Council should adopt a Code amendment just because other cities have. Councilmember Bunn questioned the definition of “derelict structure” and how it applied to a commercial structure; Ms. Taylor responded that any building that is considered unsafe or uninhabitable is considered a derelict structure.   
 
*Councilmember Zarosinski left the dais.
 
Ms. Taylor further explained that if a building contained any fire, life, or safety hazards, the building would be unfit for habitation.  Councilmember Bunn believed the language was too broad for commercial buildings; Ms. Taylor clarified the City Manager has the authority to remove a property from the derelict status and reiterated the Building Department’s intent is to prevent fire, life, blight and safety issues.  City Attorney Lori Cooper requested tabling the topic to review the issues brought forth.
 
*Councilmember Zarosinski returned to the dais.
 
Motion:      Continue this topic until a date certain.
Moved by: Chris Corcoran                                       Seconded by:  Clay Bearnson
 
Mr. McConnell stated he could change the definition and include that language within the vacant residential property Code section.
 
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
Mayor Wheeler appreciated the Oregon Bankers Association’s interest in this topic, but believed they should be more participatory and need to step up sooner.
 
*Councilmember Bunn left the dais.
 
70.    Public Hearing
70.1     COUNCIL BILL 2016-57 A resolution adopting the Action Plan for use of the City’s Community Development Block Grant (CDBG) fund for fiscal year 2016-17.
 
Grants Administrator, Parks and Recreation Department, Angela Durant, presented the staff report and introduced Marie Cabler, Chair of the Housing and Community Development Commission.
 
*Councilmember Bunn returned to the dais.
 
Ms. Cabler provided information on the scoring process and discussed the allocation of funds; she noted various aspects were used to determine the rank, including number of units, the amount of funding received from the state, income received and the need for service.  Councilmember Bearnson stated the Commission put in a lot of work on this. Ms. Durant noted there were two requests 1) from the Housing Authority for any “target” or “focus” to be disclosed during the orientation process; and 2) from the Children’s Advocacy Center who requested more time to process applications. The Housing Commission will discuss these requests during a study session later this month.
 
Public hearing opened.
 
         No one spoke
 
Public hearing closed.
                       
Motion:      Approve the resolution adopting the Action Plan for use of the City’s Community Development Block Grant (CDBG) fund for fiscal year 2016-17.
Moved by: Clay Bearnson                                       Seconded by:  Kevin Stine
 
Councilmember Bearnson emphasized the importance of addressing homelessness in Medford; he noted high school students from South Medford High School visited City Hall last week and one student spoke with him regarding being homeless multiple times throughout the year.
 
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Resolution 2016-57 was duly adopted.
 
80.    Council Business
80.1     Councilmember Zarosinski stated Governor Brown advised that she would continue the policy of one casino per tribe in Oregon. Our state lobbyist suggested discussing an executive order regarding this. Councilmember Corcoran noted we already have a tribe with two casinos. Councilmember Zarosinski explained that tribe may have been “grandfathered”. Councilmember Bunn noted the Council has not taken that position yet and questioned whether Councilmember Zarosinski was requesting that Council take a position now. Councilmember Corcoran believed that agreeing to this executive order would change Council’s preference of a two-step process and recommended Council discuss the matter further. Councilmember Bearnson questioned the timeframe; after discussion, it was undetermined when a decision needed to be made.
 
80.2     Staff is looking for direction regarding a possible ban of feeding Medford’s nuisance wildlife, specifically wild turkeys. Councilmember Corcoran clarified this was not requesting a license to kill the turkeys; Councilmember Zarosinski agreed that killing the turkeys was not being considered at this point.
 
Motion:      Direct staff to look at an ordinance prohibiting the feeding of wildlife.
Moved by: Chris Corcoran                                       Seconded by: Daniel Bunn
 
Councilmember Bearnson asked whether this would prevent the feeding of humming birds; Councilmember Zarosinski believed the specific types of animals would be discussed and determined at a later date. 
 
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered. 
 
Motion:   Direct staff to research and bring back options for dealing with the overpopulation of turkeys.
Moved by: Daniel Bunn                                           Seconded by: Chris Corcoran
 
Councilmember Bearnson suggested that if the turkeys were killed, the birds could be donated to a shelter or food bank.
        
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered. 
 
80.3     Councilmember Stine recommended the appointment of Keith Stone to the Multicultural Commission.
 
Motion: Appoint Keith Stone to the Multicultural Commission, with a term ending January 31, 2018.
Moved by: Kevin Stine                                             Seconded by:  Chris Corcoran
 
Executive Office Manager Lynette O’Neal clarified the residency requirement for service on the Multicultural Commission.
 
Roll call: Mayor Wheeler; Councilmembers Bearnson, Bunn, Corcoran, Jackle, Matthews, Stine and Zarosinski voting yes.
Motion carried and so ordered. 
             
90.    City Manager and Other Staff Reports
         90.1     Quarterly Financial Report by Finance Director Alison Chan
Finance Director Alison Chan provided the Quarterly Financial Report. She noted our portfolio drops at this time of year for larger projects, but the City is right on track. Councilmember Corcoran requested information on the financial savings due to the loss of the City Manager’s expense. He would like review that data prior to making a selection of a new City Manager. The Council discussed the loan under the Public Safety Bond. Ms. Chan noted staff has been meeting pertaining to the new software.  She also explained that Finance’s goal with the foreclosure process is to receive payment on the City’s liens; she will talk with Mr. Martinez who spoke under Agenda Item 30.
 
         90.2     Further reports from City Manager:  None.
 
100.  Propositions and Remarks from the Mayor and Councilmembers
         100.1   Proclamations issued:
                        National Public Works Week – May 15 through 21, 2016
 
         100.2  Further Council committee reports
a.   Councilmember Corcoran stated he facilitated a discussion regarding the homeless issue and the Tiny Houses project; unfortunately opinions for and against the project were not swayed by the discussion and they continued their opposing viewpoints. Councilmember Corcoran noted the interested parties needed to work toward a resolution to this problem; in addition he explained that Precision Electric was interested in purchasing the City’s property and a possible second location behind Les Schwab may be an option.
 
Councilmember Corcoran asked staff to research whether there is any merit in the Council’s consideration of the sale of the property at Third and Front Street and using those proceeds to assist with the homeless issue in Medford.
 
Councilmember Stine spoke about the homeless shelter in Eugene and provided information on how it functioned.  Councilmember Bunn believed there was a statute that allowed cities to designate two parcels of land within their Urban Growth Boundaries to be used to provide assistance for these types of issues.
 
Mayor Wheeler explained that he needed to leave the dais and noted the Council had an Executive Session tonight at 6:00 p.m.
 
Councilmember Corcoran noted Portland and Eugene are completely different models; Rogue Retreat wanted it known that Medford’s would be modeled after Eugene. There are only a few locations in Medford with the proper zoning and size. Councilmember Zarosinski believed there are provisions that allow for this type of facility; Planning Director Jim Huber clarified there are three different zoning districts that allow this type of building, but the City can make zone map changes if the land met the criteria.
 
         100.3   Further remarks from Mayor and Councilmembers:  None.
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 2:29 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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