Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, December 01, 2016

AGENDA
12:00 Noon and 7:00 p.m.

Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon

10.    Roll Call

 
Introduction of McLoughlin Middle School Students of the Month
 
20.    Approval or Correction of the Minutes of the November 17, 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.
 
         30.1     Safety Committee Recognition – Mike Snyder
 
40.    Consent Calendar
        
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-56 - CONTINUED - An ordinance repealing sections 9.350 and 9.400 of the Medford Code, amending section 9.660, and adding sections 9.900 through 9.914 to adopt the International Property Maintenance Code.
 
         60.2     COUNCIL BILL 2016-142 An ordinance adding sections 9.400, 9.405, 9.410, 9.415, 9.420, 9.425, 9.430, 9.435, 9.440, 9.445 and 9.450 of the Medford Code pertaining to housing receivership.
 
70.    Council Business
             
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   Consideration of Parks System Development Charge (PSDC) methodology.
 
         120.2   COUNCIL BILL 2016-143 An ordinance amending section 10.337 of the Medford Code pertaining to the retail sales of marijuana.
 
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 Chambers411 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:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson*, Daniel Bunn, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Brian Sjothun; City Attorney Lori Cooper; Deputy City Recorder Winnie Shepard
 
Councilmember Chris Corcoran was absent.
 
*Arrived and left as noted.
 
Introduction of McLoughlin Middle School Students of the Month
McLoughlin Assistant Principal Rick Parsagian introduced the students of the month.
 
Mayor Wheeler spoke regarding the passing of George Gillman and stated his thoughts were with him and his family.
 
20.    Approval or Correction of the Minutes of the November 17, 2016 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented. 
 
30.    Oral Requests and Communications from the Audience
         30.1  Safety Committee Recognition – Mike Snyder
Human Resources Director Mike Snyder noted the City received the Frank J. Bertak Award from the Southern Oregon Chapter of American Society of Safety Engineers.  Mr. Bertek was a plant manager at Medco and this award was created in his honor.  Mr. Snyder credited Risk Management and ADA Coordinator Bonnie Huard and Executive Assistant Risk Management Amy Stonehill as the City’s primary employees facilitating the safety efforts and outlined their accomplishments in leading the various safety committee employees.   
 
30.2  Adam Agueros, Compassion Highway Project, spoke regarding the closing of St. Vincent de Paul’s family shelter from December 5, 2016 through January 5, 2017.  He questioned how the City could help those displaced people and was hoping another location could be used. City Manager Brian Sjothun responded that if Mr. Agueros found a site, the Building and/or Planning Departments could assist with determining whether the location would work for a temporary shelter. 
 
30.3  Marinel Baker, Medford First United Methodist Church, noted the church’s appreciation of the Council’s decision to help eliminate blight in Medford.  She explained various issues including camping, human waste and syringes on the church property. 
 
40.    Consent Calendar
         None.
 
50.    Items Removed from Consent Calendar
         None.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-56 - CONTINUED - An ordinance repealing sections 9.350 and 9.400 of the Medford Code, amending section 9.660, and adding sections 9.900 through 9.914 to adopt the International Property Maintenance Code.
 
                     Building Safety Director Sam Barnum provided a staff report outlining the history of Council’s consideration of the International Property Maintenance Code (IPMC), proposed amendment to the Code, benefits of adopting the IPMC, proposed new definitions, and the compliance options of property owners pursuant to the new requirements. 
 
                     Councilmember Gordon questioned whether current blighted properties in Medford would be grandfathered and what was planned for people squatting in the homes; Mr. Barnum explained the plan was to begin with approximately 10 homes and eventually all boarded‑up properties would be processed. Deputy City Attorney Kevin McConnell noted the six-month period will begin when the letters are sent; letters will be sent after the ordinance is passed. 
 
                     Mr. Barnum outlined the proposed process.  Councilmember Gordon expressed concern that current blighted properties would remain for an additional six months.    Mr. McConnell clarified that blighted homes abandoned by the fee title owner would qualify for the receivership program to be discussed later in the meeting.  Mr. McConnell also explained that notification letters could be sent immediately, but completing the process will take time.
 
                     Councilmember Gordon noted concern that boarded-up homes are impacting neighborhoods, and that citizens are concerned about illegal activities going on in those abandoned homes, like fires and safety hazards, as well as an impact on their home values.  Councilmember Bunn clarified the six-month period is tied to the registration of the derelict structures. Mr. Barnum responded that owners have 10 days to register after the letters are sent.
 
                     Councilmember Stine commented on the history of this project, clarifying that Council could have passed an ordinance months ago, but did not. Mr. McConnell added that meetings held with the Oregon Bankers Association were beneficial and enhanced the proposed process.  Councilmember Jackle noted his appreciation of the public testimony received.
 
MotionAdopt the ordinance.
Moved byDaniel Bunn                                                    Seconded by:  Dick Gordon
 
Councilmember Bunn agreed that Council was partially responsible for the delay in approving these amendments, but was happy with the results.   
 
Roll callCouncilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-56 was duly adopted.
 
         60.2     COUNCIL BILL 2016-142 An ordinance adding sections 9.400, 9.405, 9.410, 9.415, 9.420, 9.425, 9.430, 9.435, 9.440, 9.445 and 9.450 of the Medford Code pertaining to housing receivership.
 
                     Mr. McConnell presented the staff report and noted the state receivership housing act has been in effect since 1989 and that Council’s frustration with blighted properties should be addressed with these revisions. The IPMC eliminates homeowners’ ability to board up properties and leave them derelict indefinitely. The IPMC creates a violation process with citations issued to homeowners, not lienholders. It applies to all vacant homes in Medford that have been abandoned by the homeowners. Vacant homes are a fire and safety hazard; boarded-up windows eliminate access for safety personnel and prevent emergency exit by squatters/campers. The receivership program requires the homeowners to fix up the homes and hopefully put them back on the market. 
 
                     Mr. McConnell outlined the procedure, stating that notice will be sent to all interested parties and non-compliance will result in the abatement of the property. Interested parties will be allowed at least 60 days to make repairs; the City plans to work with interested parties to ensure action is taken.  If homeowners do not comply, the City can apply to be a receiver of the property, repair/rehabilitate the property. If the lienholder does not pay for those repairs, we can foreclose.  The Council will be involved at many points throughout the process. 
 
The City could recover up to 15% of the cost of the abatement and would be exempt from many of Oregon’s public contracting laws. 
 
            *Councilmember Bearnson left the dais. 
 
Any property liens would be filed with the County and the City.  Mr. McConnell believes this ordinance should result in noticeable impact with homes being rehabilitated and hopefully made available for affordable housing.
 
            *Councilmember Bearnson returned to the dais.
 
                     Council discussed the six-month time period and various ways to reduce the timeframe.  Mr. McConnell stated this Council is the first in the state to take this issue seriously and to take the steps to prevent blight.
 
                     Councilmember Zarosinski asked whether entering into a foreclosure process would end the City’s receivership. Mr. McConnell responded once a foreclosure begins, the receivership action would stop and time would be allowed for the lienholder to repair the property.  Mr. McConnell believed that 30 days after the notice would be considered a default.
 
                     Mayor Wheeler thanked Councilmembers Jackle and Bunn as well as Mr. McConnell for their work on resolving this issue.  Although it is not perfect, it is a good ordinance and should be passed.
 
MotionAdopt the ordinance.
Moved by: Kevin Stine                                                      Seconded by:  Clay Bearnson
 
Councilmember Jackle asked if a boarded-up home is, by definition, a hazard to public safety; Mr. McConnell responded that he added that language to section 9.400 of the Code.  Councilmember Jackle clarified that a vacant home does not necessarily constitute a violation or a threat to human health and safety; Mr. McConnell confirmed that a threat to the public health would need to be determined before pursuing a receivership. Councilmembers Bunn and Bearnson voiced their appreciation to the people who worked on this ordinance.  Mr. McConnell thanked Council for their consideration.
 
Councilmember Gordon noted there are a variety of reasons for the time spent on this matter; he asked staff to work to speed up the process to eliminate these homes as soon as possible. Councilmember Zarosinski stated the current perception is that Council doesn’t care about rightful access to property and/or making improvements to properties, which is not true.  He has no issue with how long this has taken to complete and be done right and noted his appreciation of the safeguards implemented.
 
Roll callCouncilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-142 was duly adopted.
 
70.    Council Business
         70.1     Mayor Wheeler noted he received two letters from citizens regarding establishing Medford as a sanctuary city.  He met with legal counsel and staff and noted there are Oregon state laws governing immigration issues and the establishment of a sanctuary city is unnecessary.  Councilmember Bunn clarified that state law pre-empts cities from enforcing federal immigration; City Attorney Lori Cooper agreed.
 
         70.2     Mayor Wheeler spoke regarding the length of Council meetings and time granted for public input.  Currently, there are different time periods regarding individuals versus groups.  He recommended four minutes for any speaker. 
             
80.    City Manager and Other Staff Reports
         80.1     Further reports from City Manager
a.   Mr. Sjothun noted that due to the receivership program, Finance Director Alison Chan will present a supplemental budget at the next meeting.  Ms. Chan recommended transferring funds to be used for the receivership program, if needed. It is difficult to determine the amount but recommended $100,000 from CDBG and/or NSP funds or using the 3rd and Front Street land sale proceeds. 
 
Councilmember Gordon understood the need for funding, but the new receivership program takes a minimum of six months, which would be into the new budget cycle. Ms. Chan agreed, but preferred Council input.  Council discussed why funding may be needed and the amount of any transfer.
 
MotionDirect staff to prepare a supplemental budget recognizing revenue from the sale of the 3rd and Front Street property and appropriating $100,000 to the housing receivership program.
Moved byDaniel Bunn                                                          Seconded by: Kevin Stine
 
Councilmember Bunn clarified that it is not anticipated that all funds will be needed and excess will flow into the ending fund balance.  Ms. Chan clarified a specific fund will not be created; it will be a line item to track expenses and enable reporting to Council on how the funds were spent.
 
Roll callCouncilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         90.2     Further Council committee reports
 
  1. Councilmember Stine noted that the Multicultural Commission has been working with Michelle Zundel to create a Martin Luther King, Jr. event to be held on January 15, 2017.
     
  2. Councilmember Bearnson spoke regarding limiting time for oral requests and recommended allowing citizens to speak regarding any pending Council action. Mayor Wheeler agreed, but preferred scheduling an agenda item with a time limit if a topic is anticipated to receive substantial feedback.
 
Councilmember Jackle agreed that substantial feedback should be an agenda item and it should be identified and noticed in advance to allow all interested citizens to speak.  He believed it was not Mayor’s intention to limit or prohibit public comment, but to ensure council business was concluded while also enabling all citizens to speak. 
 
         90.3     Further remarks from Mayor and Councilmembers
                    
100.  Adjournment to the Evening Session
         Council adjourned to the evening session at 1:54 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:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson*, Daniel Bunn, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Alison Chan; City Attorney Lori Cooper; Deputy City Recorder Winnie Shepard
 
Councilmember Chris Corcoran was absent.
 
*Arrived as noted.
 
110.  Oral Requests and Communications from the Audience
          110.1   Daniel Gilbert, 1067 Court Street, spoke regarding the C-H zoning marijuana businesses and noted it did not allow for production.  He asked whether Council would consider changing the zoning. Mayor Wheeler explained that zoning changes should begin with the Planning Commission.  Interim Planning Director Kelly Akin provided Mr. Gilbert with a business card. 
 
            *Councilmember Bearnson arrived.
 
                     110.2   Brett Helfrich, 853 South Riverside Avenue, asked for clarification of the C-H zoning for marijuana businesses.  He asked whether marijuana was considered a crop.  Mayor Wheeler responded that he could not answer the question as it was a Planning issue.  Ms. Akin provided Mr. Helfrich with a business card. 
 
120.  Public Hearings
        120.1   Consideration of Parks System Development Charge (PSDC) methodology.
Interim Parks and Recreation Director Rich Rosenthal provided the staff report.  He provided a background, explained why the fees are needed, and how they are determined. 
 
John Ghilarducci, Vice President of FCS Group, outlined the fee information, how Medford’s SDC fees compare with others in the region, how the fee is calculated and explained the improvement fee is the only fee being considered tonight. He noted that mobile home SDC fees are increasing in Medford and other areas. Councilmember Stine noted Bend and Ashland have park districts and asked how those compared to our funding sources; Mr. Ghilarducci explained that all cities collect SDC fees very differently and clarified the fees are most often used for growth projects.  Council discussed the differences between area specific and uniform SDC fees, the impact on the Southeast area and the revisions regarding mobile home parks.
 
Public hearing opened.
 
         No one spoke.
 
Public hearing closed.
 
            The Comprehensive Plan outlines that fees accrued from residents in the Southeast plan are used for projects within the Southeast plan.  Councilmembers Bunn and Zarosinski spoke regarding how the area specific fees could be used outside of the area. Mr. Sjothun explained how SDC fees could help pay for the new community recreation center and noted that uniform and area specific fees and both accomplish the goal of paying for the recreation center.
 
            Mr. Rosenthal noted that since the proposal was noticed more than 90 days ago, he has not heard from a single resident of the Southeast Plan area. 
 
MotionApprove the uniform parks system methodology effective January 1, 2017.
Moved by: Daniel Bunn                                                     Seconded by:  Kevin Stine
 
Councilmember Bunn explained that he preferred a uniform fee for all residents versus area specific methodology. Mr. Sjothun noted the City’s growth within the Southeast area creates the need for parks in that area. Mayor Wheeler suggested that so long as we can expand, we should build the parks, expend the funding and distribute the cost equitably.  Council continued to discuss area specific versus uniform funding for the recreation center. Mr. Sjothun clarified the level of service is the same throughout the City.  The Southeast area pays more because more new parks and facilities are planned in the area as it develops.
 
Councilmember Gordon noted he served on the Southeast committee and he recalled the intention was to use the SDC fees collected in the Southeast area for projects within that specific area.  The additional funding provided an opportunity to build facilities in the area that were not possible in other areas, because other areas were already established.  Mr. Sjothun noted the Parks utility fee could be increased in that area to maintain their parks. 
 
Councilmember Jackle clarified that when the additional fees were approved for the Southeast area, they were not considering a citywide facility.  The Southeast committee was concerned with their fees being used for a small neighborhood park outside of their area, not a citywide facility that they will utilize. 
 
Roll callCouncilmember Bunn voting yes; Councilmembers Bearnson, Gordon, Jackle, Mathews, Stine and Zarosinski voting no.
Motion failed.
 
MotionApprove the area specific parks methodology effective January 1, 2017.
Moved byDaniel Bunn                                                    Seconded by:  Kevin Stine
 
Councilmember Zarosinski stated he believed this methodology would provide the funds required to provide the level of service within the Southeast area, but expressed concerns with the increase in fees for mobile home parks. 
 
Roll callCouncilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Mayor Wheeler declared a recess at 7:55 p.m.
 
* * * * * * * * * * * * * * * * * *
 
Council reconvened to the evening session at 8:05 p.m. with the same persons present.
 
Mayor Wheeler noted that before moving forward, a motion to affirm the appointment of new Councilmembers and the ballot measures approved by voters would be held.  City Attorney Lori Cooper noted that staff did not receive the paperwork regarding the final vote until after the Council agenda had been published.  However, the following agenda item refers to an item approved by the voters and the vote should be affirmed before moving forward.
 
MotionApprove resolution 2016-144.
Moved byClay Bearnson                                                Seconded by: Kevin Stine
Roll call: Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution 2016-144 was duly adopted.
 
         120.2   COUNCIL BILL 2016-143 An ordinance amending section 10.337 of the Medford Code pertaining to the retail sales of marijuana.
 
                     Planner IV Carla Paladino provided a staff report providing the history of the issue and noted the purpose of 2016-143 is to adopt the resolution allowing retail sales of marijuana.         
                     Councilmember Bearnson noted his conflict of interest and was recusing himself from this topic.
 
*Councilmember Bearnson left the dais. 
 
                     Councilmember Jackle asked for clarification of the differences between community regional and heavy zoning.  Ms. Paladino read the definitions into the record.
 
                     Councilmember Zarosinski noted he read through the Planning Commission minutes from October 13, 2016 and asked for clarification of their recommendation; Ms. Paladino explained their formal and informal recommendations differed, but the Planning Commission and Planning staff’s recommendations were in line. Councilmember Zarosinski asked whether any complaints have been received justifying conditional versus permitted use.  Deputy City Attorney Kevin McConnell and Building and Safety Director Sam Barnum had not received a single complaint regarding any dispensary within the city limits of Medford.  Mr. McConnell did note a business was violating the Code before it was changed, but after the Code amendment, there have been no issues. 
 
Public hearing opened.
 
         No one spoke.
 
Public hearing closed.
 
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by:  Daniel Bunn
 
Councilmember Stine noted his appreciation of the conclusion of this matter and enabling the community vote.  Councilmember Bunn agreed and stated a conditional use permit was unreasonable in these situations.  Councilmember Jackle clarified the identified zones were C-C, C-R and C-H. 
 
Roll callCouncilmembers Bunn, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-143 was duly adopted.
 
*Councilmember Bearnson returned to the dais. 
 
130.  Ordinances and Resolutions
         None.
 
140.  Council Business
None.
 
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
a.   Councilmember Bunn clarified the marijuana motion just approved would be approved with the special subscript with it; Ms. Paladino confirmed.
                            
         160.2   Further remarks from Mayor and Councilmembers
 
170.  Adjournment
         There being no further business, this Council meeting adjourned at 8:24 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.
 
 
 
 
Winnie Shepard
Deputy City Recorder

 

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