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City Council Meeting Agenda & Minutes

Minutes
Thursday, September 01, 2016

AGENDA
September 1, 2016
12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon

  
10.    Roll Call
 
20.    Approval or Correction of the Minutes of the August 18, 2016 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 2016-105 A resolution granting the property owner of 1222 La Loma Drive a six-month extension to complete hazardous sidewalk repairs.
 
         40.2     COUNCIL BILL 2016-106 A resolution affirming the Site Plan and Architectural Commissionís decision to approve construction of a 3,750 square foot addition to an existing metal industrial building located at 5600 Table Rock Road; reversing the decision to deny the associated exception request to eliminate public right-of-way dedications and standard street improvements; and accepting the irrevocable covenant proposed by the applicant.
 
         40.3     COUNCIL BILL 2016-107 An ordinance authorizing cash payments to Hayden Homes for Storm Drain System Development Charge credits in the amount of $59,906.39 for construction of oversize storm drain piping completed as a condition of approval for Delta Estates Phase 1.
 
         40.4     COUNCIL BILL 2016-108 An ordinance authorizing the purchase of five new police patrol vehicles in the total amount of $192,582.95 from Wire Works.
 
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-109 An ordinance authorizing execution of an Employment Agreement with Brian Sjothun for the position of City Manager.
 
         60.2     COUNCIL BILL 2016-110 An ordinance awarding a contract in an amount of $212,407.36 to Vitus Construction for construction, installation, and modification of amenities at Oregon Hills Park.
 
         60.3     COUNCIL BILL 2016-111 An ordinance authorizing execution of a grant agreement with the Housing Authority of Jackson County in the amount of $200,000 in 2016 Community Development Block Grant funds and an estimated $93,750 in program income for the Homeowner Repair Program.
 
         60.4     COUNCIL BILL 2016-112 An ordinance amending sections 4.761 and 4.763 of the Medford Municipal Code pertaining to Home-Based Business street utility fees.
 
70.    Council Business
              
80.    City Manager and Other Staff Reports
         80.1     Service Center Property by Deputy Public Works Director/Operations Brice Perkins
 
         80.2     Further reports from City Manager
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Day of Service and Remembrance Ė September 11, 2016
 
         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 2016-113 An ordinance authorizing execution of an amendment to the Solid Waste Collection Franchise Agreement with Rogue Disposal and Recycling, Inc., to extend the term to December 31, 2027, and by replacing Exhibit C to adopt a new rate schedule to be effective January 1, 2017.
 
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

September 1, 2016
12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West 8th 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:
Councilmembers Clay Bearnson, Chris Corcoran (attended via phone)*, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
City Manager Pro Tem Alison Chan; City Attorney Lori Cooper; City Recorder Karen Spoonts
Mayor Gary Wheeler; Councilmember Daniel Bunn was absent.
*Left as noted.
Council President Dick Gordon chaired the noon and evening meeting.
20.    Approval or Correction of the Minutes of the August 18, 2016 Regular Meeting
Councilmember Clay Bearnson stated that he would like to make a correction to his comments as it was not a city employee who complained about his sign but a Circuit Court Judge.
30.    Oral Requests and Communications from the Audience
         30.1     Edwin Arnold, 939 Cherry Street, spoke about the possible amendment to utilities and home businesses and did not agree with the potential increase. Staff was directed to call and advise of the vote as he needed to leave before that item was discussed.
         30.2     Jason Osborne, 1925 Sunset Drive, stated that he was here due to a complaint received from Code Enforcement pertaining to his ten marijuana plants. Councilmember Gordon asked if he was asked to take down all plants, he noted he could leave up four plants.
         30.3     Susan Thomas, Klamath Falls, noted that Mr. Osborne is her grower of medical marijuana; one of her requirements for a grower was it would not interfere with their neighbors. She is disabled, will have a surgery, and planned the surgery around the grow of the marijuana plants. She was asking for a waiver.
                     Councilmember Bearnson noted the preferred route is litigation.
         30.4     Rich Hansen, 1061 Kristen Drive, stated he is representing St. Vincent De Paul and Hope Village. He noted they have pending grants waiting for the approval of a site. They are ready to move forward to take homeless people off the streets; all they need is an acre at the Service Center.
40.    Consent Calendar
         40.1     COUNCIL BILL 2016-105 A resolution granting the property owner of 1222 La Loma Drive a six-month extension to complete hazardous sidewalk repairs.
         40.2     COUNCIL BILL 2016-106 A resolution affirming the Site Plan and Architectural Commissionís decision to approve construction of a 3,750 square foot addition to an existing metal industrial building located at 5600 Table Rock Road; reversing the decision to deny the associated exception request to eliminate public right-of-way dedications and standard street improvements; and accepting the irrevocable covenant proposed by the applicant.
         40.3     COUNCIL BILL 2016-107 An ordinance authorizing cash payments to Hayden Homes for Storm Drain System Development Charge credits in the amount of $59,906.39 for construction of oversize storm drain piping completed as a condition of approval for Delta Estates Phase 1.
MotionAdopt the consent calendar.
Moved byEli Matthews                                                   Seconded by:  Kevin Stine
Roll callCouncilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  The following Council Bills were approved: #2016-105, 2016-106, 2016-107.
50.    Items Removed from Consent Calendar
Councilmember Stine requested a staff report on 40.4.
         40.4     COUNCIL BILL 2016-108 An ordinance authorizing the purchase of five new police patrol vehicles in the total amount of $192,582.95 from Wire Works.
Police Chief Sparacino noted the City had a turnkey event; this recent RFP was won by Wire Works. He provided information on the process of the rotation of fleet.
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by: Eli Matthews 
Roll callCouncilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2016-108 was duly adopted.
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-109 An ordinance authorizing execution of an Employment Agreement with Brian Sjothun for the position of City Manager.
MotionAdopt the ordinance.
Moved by:  Eli Matthews                                                   Seconded by:  Kevin Stine 
Councilmember Matthews stated Brian Sjothun will provide leadership at City Hall; Council agreed and provided information on the process.
Roll callCouncilmembers Bearnson, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2016-109 was duly adopted.
Parks and Recreation Director Sjothun was invited to sit at the dais; he thanked Mayor Wheeler and Council for trusting him in this position. He also thanked Deputy City Manager Bill Hoke and Finance Director Alison Chan for holding the City together as Pro Tem City Manager. Councilmember Gordon noted that all Council supports him and the transition will be complete next week.
 *Councilmember Corcoran stated he is on vacation and left the meeting.
          60.2     COUNCIL BILL 2016-110 An ordinance awarding a contract in an amount of $212,407.36 to Vitus Construction for construction, installation, and modification of amenities at Oregon Hills Park.
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by:  Clay Bearnson
Mr. Sjothun noted in 2008 the department went through an extensive public input meeting held at Bethel Church. Concerns were expressed pertaining to noise and lights; through the process staff came up with a design that moves the basketball court along McAndrews Road and the lights will not be installed to comply with the approved plan.
Roll callCouncilmembers Bearnson, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2016-110 was duly adopted.
         60.3     COUNCIL BILL 2016-111 An ordinance authorizing execution of a grant agreement with the Housing Authority of Jackson County in the amount of $200,000 in 2016 Community Development Block Grant funds and an estimated $93,750 in program income for the Homeowner Repair Program.
MotionAdopt the ordinance.
Moved byClay Bearnson                                                Seconded by:  Kevin Stine
Roll callCouncilmembers Bearnson, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2016-111 was duly adopted.
         60.4     COUNCIL BILL 2016-112 An ordinance amending sections 4.761 and 4.763 of the Medford Municipal Code pertaining to Home-Based Business street utility fees.
       Councilmember Gordon requested a staff report. Public Works Department Business Manager Lorraine Petersen stated that the home-based business street utility fee was authorized November 2, 1990. Fees are assessed when a person takes out a home-based business license although many people donít understand what the fee entails. There are over 1,100 people who are assessed this fee which brings in approximately $50,000. They recently performed an audit showing over 300 customers needed to be credited and over 300 had a business that were not assessed. Staffís recommendation is to eliminate the home business fee as of September 15, 2016. 
        Councilmember Stine questioned if staff thought this was not worth the trouble; Ms. Petersen noted there is equity issues as some businesses donít generate traffic. Councilmember Bearnson questioned the credit given; she noted it is up to $200. Councilmember Stine questioned what are we doing with the people that just got charged. Ms. Petersen noted they have waived half the back billing and are offering a payment plan. Councilmember Gordon noted it would be a nightmare to go back as some people have paid, some have not. Councilmember Stine was not sure what is the correct thing to do as it is a significant amount of money for those who came before Council.
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by:  Eli Matthews
Councilmember Zarosinski noted there is a transition to this and it is complicated.
Roll callCouncilmembers Bearnson, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2016-112 was duly adopted.
         60.5     COUNCIL BILL 2016-114 An ordinance authorizing Change Order #1 to a contract with Adroit Construction, in the amount of $104,700 to replace the asphalt and base located behind Fire Station #4.
                      Fire Chief Fish provided the staff report noting the proposed additional asphalt area has been an issue, but if approved, will be paved to the higher standards as the fire station project area and funding will come from other locations in the budget. Councilmember Bearnson questioned if other agencies use this facility; Mr. Fish noted they do. Councilmember Stine further questioned the payment; Finance Director Chan noted $104,000 will be transferred from Fire Station #3 project.
MotionAdopt the ordinance.
Moved byClay Bearnson                                                Seconded by:  Michael Zarosinski
Roll callCouncilmembers Bearnson, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance #2016-114 was duly adopted.
70.    Council Business
         70.1     An invitation was received from the Confederated Tribe for an event on September 16 at the Marriott; as no councilmember was available Ms. Chan will represent the City.
80.    City Manager and Other Staff Reports
         80.1     Service Center Property by Deputy Public Works Director/Operations Brice Perkins
       Deputy Public Works Director/Operations Perkins presented a virtual tour of the Service Center property. There are five work groups that report to that location with approximately 110 employees. There are two tax lots for a total of 22-1/2 acres. He noted there is a piece of land that is available although part of it will be for the upgrade of Columbus Avenue.  He addressed where additional parking and a stormwater detention will be built.
        Councilmember Zarosinski questioned what could they give up for one year. Mr. Perkins noted the only land available would be the land mentioned above slated for the widening of Columbus Avenue. The future parking area was discussed although there are only three visitor parking places. Councilmember Stine questioned the fence between the property and the neighbors; Mr. Perkins noted it is not a good fence and would need to be replaced. Councilmember Jackle continued to ask about land such as the Water Commission area. City Engineer Georgevitch noted there could be an issue if we placed housing on an area where we would receive a grant for Columbus. There is no design yet but we are in mitigation pertaining to the wetlands. Councilmember Stine would like Rogue Retreat to work with Public Works to see if any of this area is viable. Councilmember Zarosinski noted there will be issues pertaining to this property in terms of notifying the neighbors and federal funding of Columbus. Councilmember Gordon questioned if we might lose funding if we utilize this for a temporary time; Mr. Georgevitch thought it would if we used the property longer than a year. Councilmember Gordon questioned zoning; Mr. Georgevitch noted it is I-G. Planning Director Huber noted the I-G zoning could work depending on what process they use. Council requested Mr. Hansen work with Mr. Perkins to look at the property and advise if it is usable.
          80.2     Further reports from City Manager
         a.   The City has agreed to a price for the 3rd and Front Street property which will be presented at the next meeting in the form of a public hearing. Councilmember Bearnson questioned if we would look at what to do with the income from the property at that time; Ms. Chan agreed that we could.
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Day of Service and Remembrance Ė September 11, 2016
          90.2     Further Council committee reports
         90.3     Further remarks from Mayor and Councilmembers
                     a.   Councilmember Bearnson questioned who will be the Interim Parks and Recreation Director; Mr. Sjothun noted Recreation Superintendent Rich Rosenthal agreed and they are looking for assistance temporarily to help with the reaccreditation process.
100.  Adjournment to the Evening Session
         The meeting adjourned to the Evening Session at 1:29 p.m.
 
 
EVENING SESSION
7:00 P.M.
 
The regular evening session of the Medford City Council was called to order at 7:00 p.m. in Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Councilmembers Clay Bearnson, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
Mayor Gary Wheeler; Councilmembers Daniel Bunn and Chris Corcoran were absent.
 
110.  Oral Requests and Communications from the Audience
         110.1   Stephen Svinth, 56 N. Peach, stated that there are drug deals across from his house and in the neighborhood and those who live there damaged his property. He noted there were 25 calls, seven arrests in two days alone, and the citizens are bullied. He thanked the Police Department and requested Council commit to make this area a priority. Councilmember Gordon noted the whole city is our priority; the City will continue to address this but the jails are crowded.
                      Councilmember Bearnson questioned what we can do; Mr. Svinth noted 60 N. Peach is a drug house and requested that house and other drug houses be closed.
                      Police Chief Sparacino stated we do have an issue with jail space and Police is aware of those homes. Deputy Chief of Police Scott Clauson stated they have been working on the accumulation of junk in the alley and working with MADGE. Three custody arrests happened. The traffic is back; four additional custody arrests were made after that. The house is considered a dangerous house and they have 24 hours to fix a damaged sewer line.
                      Councilmember Bearnson questioned if we have contacted the owner; staff noted it is owner operated. Chief Sparacino noted we have a jail designed in the 1980ís and space is a problem. Sixty jail beds have been closed which they are trying to open although we probably need another 250 beds. Councilmember Gordon noted many cities are struggling with the same issues.
          110.2   Melissa Cox, 19 N. Peach, requested all the help the City can provide. Their problem is restroom facilities for those who frequent Set Free.
                      Councilmember Bearnson appreciated that they are working together.
          110.3   Mike Palmer, 903 Broad Street, expressed concern with the drug, litter, and needles in his area. 
          110.4   David Mickelson, 32 Ross Court, expressed concern with the same issues expressed with his neighbors and stated there must be something we can do. He wondered if there was a solution pertaining to the jail beds. 
                      Councilmember Stine noted it is a County jail and there is very little we can do. He encouraged him to go to the County and express these concerns.
         110.5   Ingrid LeBleu, 58 Quince Street, requested the City make safety a top priority. She appreciated the help the church is doing but requested the church have a portable toilet. She would like a city where homelessness and drugs are not tolerated.
120.  Public Hearings
         120.1   COUNCIL BILL 2016-113 An ordinance authorizing execution of an amendment to the Solid Waste Collection Franchise Agreement with Rogue Disposal and Recycling, Inc., to extend the term to December 31, 2027, and by replacing Exhibit C to adopt a new rate schedule to be effective January 1, 2017.
No conflicts of interest were noted.
                      Deputy City Manager Hoke presented the staff report and stated the last time Rogue Disposal went before council they received an extension to their franchise agreement. They are requesting an increase in fee above the CPI and to extend the date of the agreement. Staff recommended accepting all reports shown as an exhibit.
 Public hearing opened.
          a.         Gary Penning, Rogue Disposal, provided information on collecting recycling and the high cost for recycling. Rogue Disposal came out of the recession slower than they though, hence the higher rate increase. Other things that factor into the increase are employment, co-mingle costs, and not raising the rates sooner as they should have done earlier. They would like to raise the rate $2.00 per month for the standard garbage service. He requested council accept all presented to Council.
                     Councilmember Stine questioned if other entities are raising rates due to recycling; Mr. Penning stated yes and noted this is a worldwide issue. Councilmember Bearnson questioned if there was too much profit would the money go back to the citizens; Mr. Penning noted there is a mechanism for that in the franchise. Councilmember Bearnson questioned if this did not go up what would happen; Mr. Penning noted he would have to raise rates on all things. Councilmember Gordon questioned if the rates presented to Central Point are comparable; Mr. Penning presented the same rate to them as well as all cities although rural rates are a little higher due to the fact that have to drive further.
          b.         Alan Journet, 7112 Griffin Lane, Jacksonville, stated that SOCAN is interested in this as they encourage recycling and it is better for all of us. 
          c.         Kathy Conway, 7113 Griffin Lane, thanked Rogue Disposal for their programs, such as yard debris, paperless billing, etc. They would like to raise the fee on trash consumption which would encourage recycling.
          d.         Eric Dittmer, 2217 Milford Drive, expressed concern with the footprint of trash. He offered suggestions pertaining to batteries and tube lighting.
                      Councilmember Gordon questioned if they are actively working with Rogue Disposal; Mr. Dittmer stated not actively.
                      Councilmember Stine questioned if Mr. Penning could increase the cost of garbage to offset the cost of recycling; Mr. Penning explained how they came up with the cost noting there is an incentive as the consumer can use a smaller garbage can when recycling. Councilmember Bearnson questioned the rates for business; Mr. Penning provided the rates depending on the type of service.
Public hearing closed.
MotionAdopt the ordinance.
Moved byTim Jackle                                                      Seconded by:  Michael Zarosinski
Councilmember Jackle noted we have had a number of good study sessions on this topic and did not think this would hinder recycling.  Councilmember Bearnson thought this would discourage recycling and would rather pay a 1% increase than gouge one portion.
Roll callCouncilmembers Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Bearnson abstained.
Ordinance #2016-113 was duly adopted.
Councilmember Gordon appreciated the educational aspect that Rogue Disposal is bringing forth.
130.  Ordinances and Resolutions
140.  Council Business
         140.1 Councilmember Bearnson questioned if Councilmember Jackle has met with the realtors pertaining to the IPMC; Councilmember Jackle noted that he has read the information given and was interested in the state receivership program which we donít have. He thought perhaps money from the block grant program or from the sale of the 3rd and Front Street property could help abate property. Councilmember Stine questioned if we need to approve the IPMC if we are involved in the receivership program. Attorney Cooper noted the receivership program was tabled until the IPMC issue was resolved but it can be brought to Council on the first meeting of October. Councilmember Bearnson requested Building Director Sam Barnum attend the meeting with the realtor pertaining to IPMC. Councilmember Jackle noted we still need to adopt the IMPC; the question is pertaining to who is the owner of the property.
150.  Further Reports from the City Manager and Staff
160.  Propositions and Remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports
                     a.   Councilmember Zarosinski stated he testified at the Joint Transportation Committee on transportation and maintenance pertaining to Foothill Road/South Stage overpass.  
         160.2   Further remarks from Mayor and Councilmembers
170.  Adjournment
There being no further business, this Council meeting adjourned at 8:14 p.m.
 
The proceedings of the City Council meeting were recorded and are filed in the City Recorderís Office. The complete agenda of this meeting is filed in the City Recorderís Office.
 
 
 
 
Karen M. Spoonts, MMC
City Recorder

 

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