Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, December 15, 2016

AGENDA
December 15, 2016

12:00 Noon and 7:00 p.m.
6:00 p.m. Executive Session
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon

  
10.    Roll Call
 
Employee Recognition – Retirees
 
20.    Approval or Correction of the Minutes of the December 1, 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 2016-145 An ordinance amending sections 3.870, 3.871, 3.874, 3.875, 3.878, 3.880, and repealing 3.881 of the Medford Code pertaining to Parks System Development Charges.
 
         40.2     COUNCIL BILL 2016-146 A resolution adopting the Area-Specific Parks System Development Charge fee methodology effective January 1, 2017.
 
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-147 An ordinance awarding a contract in an amount of $676,260 to Brown Contracting, Inc. to perform Americans with Disability Act ramp repairs and replacements.
 
         60.2     COUNCIL BILL 2016-148 An ordinance adding sections 8.3100, 8.3105, 8.3110, 8.3115, 8.3120, 8.3125, 8.3130, 8.3135, 8.3140, and 8.3145 to the Medford Code to impose a three percent tax on the sale of marijuana items by a marijuana retailer.
 
         60.3     COUNCIL BILL 2016-149 A resolution adopting the eighth Supplemental Budget for the 2015-17 biennium.
 
70.    Council Business
         70.1     Presentation of Council Retirement Plaques
 
         70.2     Presentation of Council Officer Appreciation Plaques
 
         70.3     Presentation of MURA Appreciation Plaques
 
80.    City Manager and Other Staff Reports
         80.1     MURA bonds payoff by Alison Chan
 
         80.2     Further reports from City Manager
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         90.2     Further Council committee reports
           
         90.3     Further remarks from Mayor and Councilmembers
 
100.  Adjournment to the Executive Session
 
EXECUTIVE SESSION
6:00 P.M.
 
Executive Session pursuant to ORS 192.660(2)(a) to consider the employment of the chief executive officer, public officer, employee, or staff member.
 
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 Consider an appeal of the City Recorder’s administrative decision pertaining to unlawful accumulation of household trash and junk located at 24 N. Orange Street.
 
120.2 COUNCIL BILL 2016-150 An ordinance amending section 10.1610 of the Medford Code to amend the portable sign provisions for the Central Business overlay district. DCA-16-121 (Legislative/Land Use)
 
         120.3 COUNCIL BILL 2016-151 An ordinance amending sections 10.012, 10.337, and adding section 10.834 of the Medford Code to allow craft alcohol production in commercial zoning districts. DCA16-028 (Legislative/Land Use)
 
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
December 15, 2016

12:00 Noon and 7:00 p.m.
6:00 p.m. Executive Session
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:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Chris Corcoran, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Employee Recognition – Retirees
Retirement plaques were presented to Greg Nichols, Kevin Walruff, and Bob Miller.
 
20.    Approval or Correction of the Minutes of the December 1, 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     Caren Caldwell, representing Medford United Church of Church, stated they found a few anti-Muslim racial threat posters at their church. As faith leaders, they asked Council clarify that hate groups targeting Muslims or other members of our community are not welcome in Medford and that Medford stands for diversity and safety for all.
 
         30.2     Rev. Nan White, representing Unitarian Universalist Rogue Valley, spoke in support for unity and against hate in Medford.
 
         30.3     Gary Petersen, representing Baha’i of Medford, expressed concern with racism and requested a city resolution against hate.
 
         30.4     Murray Richmond, representing First Presbyterian Church, urged Council to issue a resolution against hate.
 
         30.5     Bill Jacobs, representing Medford First Christian Church, requested a statement on behalf of the city pertaining to hate.
 
         30.6     Louise Pare’, 671 Park Street, Ashland, requested a statement on behalf of the city pertaining to hate.
 
         30.7     Amiko-Gabriel Blue, Medford, agreed with the comments presented.
 
         30.8     Colleen Padilla, SOREDI, thanked Councilmembers Bunn, Matthews and Corcoran for their service.  She noted SOREDI assisted with 26 projects during the past year, 11 were within Medford. She also reported that American Tire Distributors recently opened in Medford.
 
Mayor Wheeler thanked attendees who spoke regarding the recent hate posters found within city limits. He read words from Robert F. Kennedy and Judge Louie Brandeis regarding compassion toward each other. Councilmember Jackle requested a formal resolution.
 
Motion: Direct the Council Officers to cause a resolution to be prepared affirming the City’s commitment to a safe and diverse community and to report the same during the next Council meeting. 
Moved by: Daniel Bunn                                                                 Seconded by:  Kevin Stine
 
Councilmembers Bearnson and Corcoran thanked those who came to speak. Councilmember Corcoran also noted people have the right to express themselves, but not the way that it was done.
 
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
40.    Consent Calendar
         40.1     COUNCIL BILL 2016-145 An ordinance amending sections 3.870, 3.871, 3.874, 3.875, 3.878, 3.880, and repealing 3.881 of the Medford Code pertaining to Parks System Development Charges.
 
         40.2     COUNCIL BILL 2016-146 A resolution adopting the Area-Specific Parks System Development Charge fee methodology effective January 1, 2017.
 
MotionAdopt the consent calendar.
Moved byDick Gordon                                                   Seconded by:  Kevin Stine
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered. The following council bills were approved: Council Bill 2016-145; 2016‑146.
 
50.    Items Removed from Consent Calendar
         None.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-147 An ordinance awarding a contract in an amount of $676,260 to Brown Contracting, Inc. to perform Americans with Disability Act ramp repairs and replacements.
 
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by:  Clay Bearnson
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2016-147 was duly adopted.
 
         60.2     COUNCIL BILL 2016-148 An ordinance adding sections 8.3100, 8.3105, 8.3110, 8.3115, 8.3120, 8.3125, 8.3130, 8.3135, 8.3140, and 8.3145 to the Medford Code to impose a three percent tax on the sale of marijuana items by a marijuana retailer.
 
MotionAdopt the ordinance.
Moved byDaniel Bunn                                                    Seconded by:  Eli Matthews
 
Councilmember Stine questioned what will happen to the revenue; Finance Director Alison Chan responded this accounted for the revenue and noted it can be restricted without creating a special fund.
 
Roll callCouncilmembers Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Bearnson abstaining.
Ordinance 2016-148 was duly adopted.
 
         60.3     COUNCIL BILL 2016-149 A resolution adopting the eighth Supplemental Budget for the 2015-17 biennium.
 
                     Ms. Chan presented the staff report, noting $100,000 would be used for the receivership program and $60,000 toward a PIO; she outlined the receipt of unbudgeted revenue as well as fund transfers.  Councilmember Stine questioned the $60,000 for the PIO. City Manager Brian Sjothun noted the amount includes salary and materials and services, but the salary schedule is unclear at this time.
 
MotionApprove the resolution.
Moved byTim Jackle                                                      Seconded by: Dick Gordon 
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Resolution 2016-149 was duly adopted.
 
70.    Council Business
         70.1     Presentation of Council Retirement Plaques
Mayor Wheeler presented a retirement plaque to Councilmember Eli Matthews. Councilmember Matthews thanked Mayor and Council for dedication to the community. He also thanked staff, especially the department heads. He looks forward to working with Council as the Senior Vice President of Travel Medford.
 
Councilmember Zarosinski presented a retirement plaque to Councilmember Bunn. Councilmember Bunn noted it has been a tremendous honor to serve and will be forever grateful for Mayor, Council, and staff as well as where the City is going.
 
Councilmember Gordon presented retirement plaques for Councilmember Corcoran, both for Council and MURA. Councilmember Corcoran thanked the department heads, Council and Mayor, and his wife. He noted we chose the best City Manager.
 
         70.2     Presentation of Council Officer Appreciation Plaques
                     Mayor Wheeler presented plaques to Councilmembers Zarosinski and Gordon.
 
         70.3     Presentation of MURA Appreciation Plaques
Councilmember Corcoran presented plaques to Councilmember Jackle and Councilmember Matthews.
 
70.4     Medford Senior Center
            Councilmember Gordon remarked that Medford Senior Center would like to partner with the City. He questioned if Council objected to Medford Senior Center working with our Parks and Recreation Commission.  Councilmember Jackle noted his concerns about decisions being made without Council input. Councilmember Gordon explained that Parks & Recreation staff could help answer questions instead of the Council.  Mr. Sjothun added that Parks & Recreation seemed to be the most logical department and that any additional resources would need to be a budget issue. He also clarified this was not a commitment, but rather to consider the feasibility of their request.
 
            Councilmember Bunn noted there are two paths that can be taken with the Senior Center, whether it would be considered a city facility or if it would remain within the current boundaries. Councilmember Jackle preferred specifying whether we are assisting the center or if the City would provide the services if the Senior Center closes.
 
            Councilmember Bunn noted we give additional grant money to other organizations serving senior citizens. Councilmember Gordon noted the other option is to have a study session to discuss further.  However, he did not believe it would solve the issue as more questions would arise. Councilmember Bunn noted we have an existing relationship with the Senior Center and believed the property was owned by the City. Mayor Wheeler would like an in‑depth feasibility study before making a decision.
 
            Councilmember Gordon requested Mr. Sjothun draw up a charge with the Senior Center.  Councilmember Zarosinski clarified that we were requesting a study to be brought back to the Council.
 
*Councilmember Bearnson left the dais.
 
70.5     Liaison interview process
            Councilmember Gordon spoke regarding the appointments to Boards and Commissions. He recommended a short, noon meeting on December 29, 2016 to vote on the positions. Many Councilmembers expressed that they would not be available.
 
*Councilmember Bearnson returned to the dais.
 
80.    City Manager and Other Staff Reports
         80.1     MURA bonds payoff by Alison Chan
Ms. Chan noted that formal notification was given to financial advisors.  Tax collections for MURA were received and are enabling the payoff of several of the outstanding bonds.
 
         80.2     Further reports from City Manager
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         90.2     Further Council committee reports
           
         90.3     Further remarks from Mayor and Councilmembers
Mayor Wheeler expressed gratitude to the outgoing Councilmembers; Council thanked those Councilmembers that were leaving.
 
 
100.  Adjournment to the Executive Session
         Council adjourned to the executive session at 1:44 p.m.
 
EVENING SESSION
7:00 P.M.
 
 
The regular evening session of the Medford City Council was called to order at 7:11 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, Chris Corcoran, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Alison Chan; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
110.  Oral Requests and Communications from the Audience
         None.
 
120.  Public Hearings
120.1 Consider an appeal of the City Recorder’s administrative decision pertaining to unlawful accumulation of household trash and junk located at 24 N. Orange Street.
 
Deputy Chief Scott Clauson presented the staff report noting cases back to 2013 for garbage accumulation at this location. This particular complaint was originated on October 5, 2016. Accumulation of garbage continues and there has not been full compliance.  Police agreed with the City Recorder’s report. Sergeant Don Lane noted this issue arose from a citizen complaint. A meeting was scheduled to review the property today, but Mr. Flyte was not there.  Police viewed the back property of 24 North Orange from an adjoining lot and photos were shown to Council.
 
Councilmember Stine questioned the procedure and at what point does a citation happen; Sgt. Lane noted sometimes there was hostility, other times they promised to clean up the property. Councilmember Jackle questioned who the appellant is; Sgt. Lane stated that Mr. Syvertsen is Mr. Flyte’s agent and lives on the property.
 
Public hearing opened.
 
Mr. Syvertsen, 24 N. Orange, outlined his issues with the Police Department. Mr. Flyte, owner of 24 N. Orange, and he are both on disability and believed the Police Department citations are ridiculous.
 
Councilmember Bunn questioned whether there is garbage service; Mr. Syvertsen stated Mr. Flyte does not have garbage service, but he will put the garbage service on his name. Councilmember Stine questioned photos and whether this is good use of City funds. Mr. Syvertsen noted the garbage fluctuates, but Mr. Flyte conducts garage sales for three weeks at a time. Councilmember Jackle asked if Mr. Flyte is staying in his house; Mr. Syvertsen stated he sometimes lives with a friend. Councilmember Jackle questioned if Mr. Flyte authorized him to be his agent; Mr. Syvertsen confirmed that he is Mr. Flyte’s agent. Councilmember Gordon questioned the last time he made a trip to the dump; Mr. Syvertsen stated it was for the last inspection. Councilmember Gordon questioned why he did not show up for the Municipal Court trials; Mr. Syvertsen stated it was Mr. Flyte’s property.
 
Bonnie Jo Thompson, 23 N. Orange, remarked the Police Department has done nothing wrong. She noted visitors arrive and leaving the home rather quickly, their dogs have bit citizens and the amount of garbage on the property.
 
Steven Svinth, thanked Mayor and Council for taking action on this property, specifically Councilmember Matthews who visited the street. He noted many neighbors on Orange are retired and he believed that 24 N. Orange has become a magnet for crime.
 
In rebuttal, Mr. Syvertsen disagreed with the statements of the neighbors.
 
Public hearing closed.
 
MotionUphold the determination of the City Recorder regarding unlawful accumulation of household trash and junk located at 24 N. Orange Street.
 
Moved byKevin Stine                                                     Seconded by:  Eli Matthews
 
Councilmember Stine noted junk remains on the property and the extensive time Police spent to abate the nuisance. Councilmember Zarosinski noted he has had interaction with the property owner and he will be abstaining. Councilmember Bunn clarified that rental properties are required to have garbage service provided.
 
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, and Stine voting yes; Councilmember Zarosinski abstaining.
Motion carried and so ordered.
 
120.2 COUNCIL BILL 2016-150 An ordinance amending section 10.1610 of the Medford Code to amend the portable sign provisions for the Central Business overlay district. DCA-16-121 (Legislative/Land Use)
 
Planner IV Carla Paladino presented the staff report noting the purpose is to allow portable signs to be displayed in the Central Business overlay, outlined the history and the proposed revisions.
 
Councilmember Corcoran questioned if that would keep up in compliance with the American with Disability Act; Ms. Paladino confirmed.  Councilmember Gordon questioned the no vote from the Planning Commission and asked if that person provided a reason; Ms. Paladino responded that no reasons were provided.   
 
Public hearing opened.
 
                   No one spoke.
 
Public hearing closed.
 
Councilmember Bearnson questioned whether he had a conflict of interest; Ms. Cooper did not think so, but that only the Ethics Commission can give a definitive answer to that question.
 
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by:  Chris Corcoran
 
Councilmember Bearnson stated he would abstain.
 
Roll callCouncilmembers Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Bearnson abstaining.
Ordinance 2016-150 was duly adopted.
 
         120.3 COUNCIL BILL 2016-151 An ordinance amending sections 10.012, 10.337, and adding section 10.834 of the Medford Code to allow craft alcohol production in commercial zoning districts. DCA16-028 (Legislative/Land Use)
 
Ms. Paladino presented the staff report; outlining the history noting that craft alcohol production includes beer, wine and liquor.  She explained the various Code revisions including square footage, signage, production, and including food items.
 
Councilmember Bearnson questioned possible fire hazards with brewing and alcohol; Building Director Sam Barnum stated that issue is taken into consideration and the Code will be enforced.
 
Public hearing opened.
 
                   No one spoke.
 
Public hearing closed.
 
Councilmember Bearnson stated he will be abstaining from the decision. Councilmember Gordon questioned whether limiting the square footage would prohibit new businesses; Mayor Wheeler clarified the idea was for microbreweries. Ms. Paladino noted Planning staff toured locations with 2,400 square feet and that was ample space. Councilmembers Jackle, Zarosinski and Bunn, Interim Planning Director Kelly Akin and Ms. Paladino discussed the zoning which should be included in the table.
 
MotionAdopt the ordinance including adding craft alcohol production as a permitted (P) use in the Industrial Zones. 
Moved byTim Jackle                                                      Seconded by:  Daniel Bunn
Roll callCouncilmembers Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Councilmember Bearnson abstaining.
Ordinance 2016-151 was duly adopted.
 
130.  Ordinances and Resolutions
         None.
 
  
140.  Council Business
Councilmember Gordon questioned whether Council could attend a special study session on December 22, 2016 at 11:45 a.m.
 
140.1   Councilmember Matthews noted interviews were held for the Bicycle & Pedestrian Advisory Committee and recommended Steve Borchard, Suzanne Schroeder, Joseph Smith and Tim Fountain. 
 
MotionAppoint Steve Borchard, Suzanne Schroeder, Joseph Smith and Tim Fountain to the Bicycle and Pedestrian Advisory Committee with terms ending January 31, 2019.
Moved by: Eli Matthews                                                    Seconded by: Tim Jackle
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
                                                                                         
140.2   Councilmember Zarosinski noted Cemetery Commission recommended Patrick Ormerod and Ivend Holen for appointment.
 
MotionAppoint Patrick Ormerod and Ivend Holen to the Cemetery Commission with terms ending January 31, 2020.
Moved byMichael Zarosinski                                          Seconded by: Daniel Bunn
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
140.3   Councilmember Bearnson noted Parking Commission recommended the appointment of Charlotte Cook, Kristy Painter and Brian Watkins.
 
MotionAppoint Charlotte Cook, Kristy Painter and Brian Watkins to the Parking Commission, with terms ending January 31, 2020.
Moved by:   Clay Bearnson                                               Seconded by: Kevin Stine
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes; Councilmember Matthews abstaining.
Motion carried and so ordered.
           
140.4   Deputy Police Chief Scott Clauson spoke regarding the Police Advisory Committee applicants, noting they received nine applications. The Committee recommended Gary Duvall to the Ward 2 position, Denise James to the business position, William Mansfield to the Ward 4 position and Addison Smith to the minority position.
 
MotionAppoint Gary Duvall to the Ward 2 position, Denise James to the business position, William Mansfield to the Ward 4 position and Addison Smith to the minority position with terms ending January 31, 2019.
Moved by:   Tim Jackle                                                      Seconded by: Daniel Bunn
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.  
Motion carried and so ordered.
 
140.5   Councilmember Bearnson noted the Arts Commission had conducted interviews and recommended the appointment of Cadilina DeVille, Jennifer Eufusia and Alexis Hodel.
 
MotionAppoint Cadilina DeVille, Jennifer Eufusia and Alexis Hodel to the Arts Commission with terms ending January 31, 2020.
Moved by:   Clay Bearnson                                               Seconded by: Kevin Stine
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes; Councilmember Matthews abstaining.   
Motion carried and so ordered.
 
Mayor Wheeler stated that he will have his appointment recommendation for the Medford Water Commission ready for the next meeting.
 
150.  Further Reports from the City Manager and Staff
None.
 
160.  Propositions and Remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports
                            
         160.2   Further remarks from Mayor and Councilmembers
Councilmember Gordon spoke about a the existing Travel Medford contract.  
 
MotionDirect staff to issue a letter to the Chamber of Medford/Jackson County requesting an audit for the fiscal year beginning July 1, 2015 and ending June 30, 2016. This request is pursuant to Section 9 – Records and Accounting of the current agreement related to the use of transient lodging tax that is paid to the Chamber for promotion of tourism through Travel Medford.  The audit is to be presented to the Council prior to April 30, 2017.
Moved by: Dick Gordon                                                    Seconded by:  Clay Bearnson
 
Councilmember Gordon explained the revised dates were due to the fiscal year.
 
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes; Councilmember Matthews abstaining.   
Motion carried and so ordered.
 
         160.3   Mayor Wheeler thanked the retiring Councilors and wished them fair winds and following seas.
 
170.  Adjournment
         There being no further business, this Council meeting adjourned at 8:40 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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