Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, January 19, 2017

AGENDA
January 19, 2017

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

  
10.    Roll Call
 
Employee Recognition
 
Employee of the Quarter
 
McLoughlin Students of the Month
 
20.    Approval or Correction of the Minutes of the January 5, 2017 Regular Meeting
 
30.    Oral Requests and Communications from the Audience
         Comments will be limited to 4 minutes per individual, group or organization.  PLEASE SIGN IN.
 
40.    Consent Calendar
        
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2017-06 A resolution authorizing the Mayor to sign a public statement on the City of Medford’s commitment to being a safe and welcoming community.
 
         60.2     COUNCIL BILL 2017-07 An ordinance authorizing execution of an Employment Agreement between the City of Medford and William P. Haberlach, to provide municipal judge services through January 31, 2020.
 
         60.3     COUNCIL BILL 2017-08 A resolution authorizing the position of Community Relations Coordinator in the City Manager’s Office.
 
         60.4     COUNCIL BILL 2017-09 A resolution adding the addition of a project to the current budget for the repair and replacement of sidewalk on Central Avenue.
 
         60.5     COUNCIL BILL 2017-10 A resolution authorizing execution of a Letter of Intent by Cedar Investment Group, LLC, to donate open space and trails for development in Cedar Landing PUD.
 
70.    Public Hearing
         70.1     Consider an appeal of the City Recorder’s administrative decision regarding a Taxi Driver’s ID Card.
 
80.    Council Business
              
90.    City Manager and Other Staff Reports
         90.1     Auditor Report by Paul Nielson of Isler CPA
 
         90.2     Travel Medford Quarterly Report
 
         90.3     U.S. Cellular Community Park – Annual Economic Impact Report
 
         90.4     Further reports from City Manager
 
100.  Propositions and Remarks from the Mayor and Councilmembers
         100.1   Proclamations issued:
                        Medford School Choice Week – January 22-28, 2017
 
         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.
Roll Call
 
120.  Oral Requests and Communications from the Audience
Comments will be limited to 4 minutes per individual, group or organization.  PLEASE SIGN IN.
 
130.  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.
 
130.1 COUNCIL BILL 2017-05 An ordinance vacating portions of Yamsay Drive and Farmington Avenue within the northerly portion of the Cedar Landing Planned Unit Development, lying north of Cedar Links Drive and west of Foothill Road. (SV-16-110) Land Use, Quasi-Judicial
 
140.  Ordinances and Resolutions
        
150.  Council Business
 
160.  Further Reports from the City Manager and Staff
 
170.  Propositions and Remarks from the Mayor and Councilmembers
         170.1   Further Council committee reports
                            
         170.2   Further remarks from Mayor and Councilmembers
 
180.  Adjournment


MINUTES
January 19, 2017

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 12:08 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, Kay Brooks, Tim D’Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
*Left as noted.
 
Employee Recognition
Karen Clark, Police Records Specialist, was recognized for 30 years of service.
 
Employee of the Quarter
Angela Durant, Grants Support Technician for Parks and Recreation, was recognized as Employee of the Quarter.
 
McLoughlin Students of the Month
McLoughlin Assistant Principal Rick Parsagian introduced the students of the month.
 
20.    Approval or Correction of the Minutes of the January 5, 2017 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.    Oral Requests and Communications from the Audience
         30.1     Colleen Padilla, SOREDI, thanked Council for their support and noted that the Southern Oregon Business Conference will be held next week. She introduced Laura Ancheta, owner of BOJAC’s, a play facility for kids.
 
         30.2     Dan Ebert, owner of Central Arts Supply, spoke about the sidewalk and tree issue in front of his business. He noted he sent information to Council and asked people to come and look at it. He noted every time it rains it floods at least part of his basement. He would like to take out the tree if the City does not.
 
40.    Consent Calendar
         None.
        
50.    Items Removed from Consent Calendar
None.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2017-06 A resolution authorizing the Mayor to sign a public statement on the City of Medford’s commitment to being a safe and welcoming community.
 
                    
MotionApprove the resolution.
Moved byKevin Stine                                                     Seconded by:  Clay Bearnson
 
Amended motion: Amend the resolution’s language from “…WHEREAS, our social and cultural diversity is part of our City’s heritage and contributes to what makes Medford a special place…” to “…WHEREAS, our social, religious and cultural diversity is part of our City’s heritage and contributes to what makes Medford a special place…”
Moved byTim Jackle                                                      Seconded by:  Dick Gordon
Roll call on amended motion: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
 
Roll call on main motionCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-06 was duly adopted as amended.
 
         60.2     COUNCIL BILL 2017-07 An ordinance authorizing execution of an Employment Agreement between the City of Medford and William P. Haberlach, to provide municipal judge services through January 31, 2020.
 
MotionAdopt the ordinance.
Moved byMichael Zarosinski                                          Seconded by:  Tim D’Alessandro
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance 2017-07 was duly adopted.
 
         60.3     COUNCIL BILL 2017-08 A resolution authorizing the position of Community Relations Coordinator in the City Manager’s Office.
 
                     City Manager Brian Sjothun stated staff researched the job description from other cities as well as the Medford School District. The on-going expense for this position, an estimated $120,000 annually, will be included in the upcoming budget.
 
MotionApprove the resolution.
Moved byTim D’Alessandro                                           Seconded by:  Kevin Stine
 
Councilmember Stine questioned who would supervise this position; Mr. Sjothun stated the City Manager would supervise the position and later supervision may transfer to the Deputy City Manager. Councilmember Gordon voiced concern regarding the applicants for a temporary versus permanent position; Mr. Sjothun explained that new positions created mid-budget are considered temporary until included in the budget.
 
Amended motionRevise the position from temporary to permanent, extending to the next biennial budget.
Moved by: Dick Gordon                                                    Seconded by: Kevin Stine
 
Councilmember Wallan supported the amendment to attract the highest quality applicants. Councilmember Stine asked whether the motion bound the Budget Committee to take a specific action; Finance Director Alison Chan clarified that Council has the power to create permanent positions, but the Budget Committee may or may not approve a department’s budget.
 
Roll call on amended motionCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
 
Roll call on main motionCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-08 was duly adopted as amended.
 
         60.4     COUNCIL BILL 2017-09 A resolution adding the addition of a project to the current budget for the repair and replacement of sidewalk on Central Avenue.
 
                     Public Works Director Crebbin presented the staff report noting that restoring pavers, modifying tree wells, and reconstructing some ADA ramps were planned. Councilmember Stine questioned the importance of the waivers; City Attorney Lori Cooper explained the waivers reaffirm Code requirements; whether or not waivers were signed should not alter the Council’s decision to complete the repairs. Mr. Crebbin noted it would cost roughly $1.2 million for stamped concrete, but there is funding available in the Public Works’ budget for that revision. However, the City arborist had expressed concern with possible root growth patterns if the sidewalks were changed to non‑permeable concrete.  Councilmember Wallan questioned whether the planned repairs would actually fix the problem; Mr. Crebbin clarified that roots of mature trees do not grow much, although there is no guarantee that the problem will not return.
 
                     Councilmember Stine asked if it was possible for a property owner to remove a street tree; Mr. Sjothun believed they could appeal to Council.
 
                     Councilmember Gordon questioned how long before this issue would come back, would it be 12 years for pavers and 50 years for sidewalk; Mr. Crebbin noted that is probably true. Councilmember Gordon questioned whether MURA funding could be used to reimburse the City for correcting a MURA error. Ms. Chan noted MURA funding could be used for projects and this was originally a MURA project, but she was unsure whether the expense could be reimbursed. Councilmember Gordon noted MURA needs to reimburse the City or fix the problem. Councilmember Wallan questioned what could happen if we used stamped concrete; Mr. Crebbin believed stamped concrete would solve the tree wells issue. Mr. Sjothun noted a MURA study session would be held next week regarding the future of MURA.
 
MotionContinue Agenda Item 60.4 to the first meeting in February.
Moved byDick Gordon                                                   Seconded by:  Clay Bearnson
 
Councilmember Zarosinski recommended reviewing City standards to better accommodate these types of problems. 
 
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, Wallan, and Zarosinski voting yes; Councilmember Jackle abstaining.
Motion carried and so ordered.
 
         60.5     COUNCIL BILL 2017-10 A resolution authorizing execution of a Letter of Intent by Cedar Investment Group, LLC, to donate open space and trails for development in Cedar Landing PUD.
                     Councilmember Gordon noted ex parte contact with the developers and their staff; he lives in the area and has attended meetings, but does not feel it will compromise his vote.
 
                     Interim Parks and Recreation Director Rich Rosenthal presented the staff report and outlined the land being donated. Councilmember Jackle questioned whether the donation was held up because the land had not been surveyed and clarified the developer would upgrade paths to City standards at their expense; Mr. Rosenthal stated he is correct. Jim Zundel, Cedar Investment Group, stated the developers need a letter of intent before moving forward; Councilmember Jackle noted Council will vote on a vacation later tonight and Council is relying on Mr. Zundel’s comments. Mr. Zundel discussed the proposed easements around the homes.
 
                     Councilmember Wallan clarified this resolution didn’t finalize the donation; Mr. Rosenthal confirmed her understanding. 
 
MotionApprove the resolution.
Moved byTim Jackle                                                      Seconded by:  Tim D’Alessandro
 
Councilmember Jackle thanked staff and the developer for moving this forward and believed this represents a good solution.
 
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-10 was duly adopted.
 
Mayor Wheeler declared a recess at 1:25 p.m.
 
* * * * * * * * * * * * * * * *
 
Council reconvened to the noon session at 1:31 p.m. with the same persons present.
 
70.    Public Hearing
         70.1     Consider an appeal of the City Recorder’s administrative decision regarding a Taxi Driver’s ID Card.
 
Senior Assistant City Attorney Eric Mitton presented the staff report explaining there are mandatory disqualifying events for a Taxi Driver’s ID card, including drug charges incurred during the last five years. Mr. Adams had a testosterone charge from 2.5 years ago, which is a drug offense.  Mr. Mitton stated he spoke with the owner of 5 Star Taxi, who provided an excellent recommendation for Mr. Adams.  Mr. Adams is currently working two jobs and his license is valid until after Council’s decision.  Mr. Mitton explained that Mr. Adams was truthful and cooperative with the Police, entered a plea deal and had no drug issues since. 
 
Councilmember Zarosinski questioned the circumstances of Police allowing him to drive before he was fined; Mr. Mitton was unsure. Councilmember Stine questioned whether there were other cases involving issuing licenses with drug charges of less than five years and whether 5 Star Taxi conducted drug testing; Mr. Mitton was unsure.  Councilmember Gordon questioned the amount of testosterone in Mr. Adams’ possession; Mr. Mitton understood the testosterone was not physically in Mr. Adams’ possession, it was a mail‑order issue. 
 
Public hearing opened.
 
Gerald Adams explained the situation and stated he did not think this crime would jeopardize his taxi license. He noted he “got busted” due to a text message and that in September the crime will be expunged from his record.
 
Public hearing closed.
 
MotionReverse the administrative decision of the City Recorder and issue a Taxi Driver’s ID card to Gerald Adams.
Moved byTim Jackle                                                      Seconded by:  Kim Wallan
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
80.    Council Business
         80.1     Council Liaison appointments
Councilmember Zarosinski noted the Council Liaisons would be appointed during the next meeting. 
 
         80.2     Councilmember Zarosinski spoke regarding Council’s travel/training budget.  At this point, three Councilmembers signed-up for City Day at the Capitol.  The Council Officers will travel to Washington DC and only five Councilmembers can attend the League of Oregon Cities Annual Conference.
             
90.    City Manager and Other Staff Reports
         90.1     Auditor Report by Paul Nielson of Isler CPA
Paul Isler of Isler CPA noted no material errors were found during the auditor report.  Councilmember Gordon asked for recommendations for approving operational efficiencies; Mr. Isler said there was nothing significant to report or recommend. Ms. Chan noted with the end of MURA, the City needed to change the property ownership from MURA to the City. Councilmember Gordon asked whether there were other services and accounts that were audited; Mr. Isler will provide a list of the various accounts audited. Councilmember Gordon questioned restructuring City financials in order to get lower interest rates; Mr. Isler responded that the City’s financial structure is regulated by GASBI. Councilmember Gordon asked whether Mr. Isler believed the City should have an Audit Committee; Mr. Isler noted with most of his city clients, he reports to a Finance Committee unless there is a significant issue which needed to go to Council. Councilmember Jackle questioned the PERS liability reporting; Mr. Isler explained the new requirement takes place this year. 
 
*Mayor Wheeler left the dais at 2:05 p.m.
 
         90.2     Travel Medford Quarterly Report
                     Eli Matthews presented the highlights of the Travel Medford quarterly report.
 
         90.3     U.S. Cellular Community Park – Annual Economic Impact Report
                     Mr. Rosenthal presented the Economic Impact Report.
 
         90.4     Further reports from City Manager
                     None.
 
100.  Propositions and Remarks from the Mayor and Councilmembers
         100.1   Proclamations issued:
                        Medford School Choice Week – January 22-28, 2017
 
         100.2   Further Council committee reports
                     None.
 
         100.3   Further remarks from Mayor and Councilmembers
                     None.
 
110.  Adjournment to the Evening Session
         Council adjourned to the evening session at 2:16 p.m.
 
 
EVENING SESSION
7:00 P.M.
 
 
The regular evening session of the Medford City Council was called to order at 7:18 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, Kay Brooks*, Tim D’Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski
 
City Manager Pro Tem Alison Chan; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
*Arrived as noted.
 
120.  Oral Requests and Communications from the Audience
         None.
 
130.  Public Hearings
130.1 COUNCIL BILL 2017-05 An ordinance vacating portions of Yamsay Drive and Farmington Avenue within the northerly portion of the Cedar Landing Planned Unit Development, lying north of Cedar Links Drive and west of Foothill Road. (SV-16-110) Land Use, Quasi-Judicial
 
*Councilmember Brooks arrived.
                  
Interim Principal Planner Carla Paladino presented the staff report outlining the property’s location.
 
Public hearing opened.
 
Commissioner Gordon noted he had ex parte communication with developers, but it would not influence his decision and he would vote on this ordinance. Commissioner D’Alessandro stated that he heard this vacation while he served on the Planning Commission; Commission Jackle stated he had an ex parte communication with Jim Zundel this afternoon. 
 
Mike Savage, CSA Planning, spoke on behalf of Cedar Landing LLC and requested Council approve the vacation.
 
Public hearing closed.
 
MotionApprove the ordinance vacating portions of Yamsay Drive and Farmington Avenue within the northerly portion of the Cedar Landing Planned Unit Development, lying north of Cedar Links Drive and west of Foothill Road.
Moved byMichael Zarosinski                                          Seconded by:  Tim Jackle
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
140.  Ordinances and Resolutions
         None.
 
150.  Council Business
         None.
 
160.  Further Reports from the City Manager and Staff
         None.
 
170.  Propositions and Remarks from the Mayor and Councilmembers
         170.1  Further Council committee reports
a.   Proclamation – Medford School Choice Week – January 22-28, 2017
 
b.   Councilmember Gordon stated RVCOG runs the local Food and Friends food service program in Jackson and Josephine Counties. RVCOG lost the use of a Josephine County building used to prepare and serve food and initiated a fundraising drive for the $1.3 million dollars to purchase a new building. Councilmember Gordon outlined the various donations received and noted an additional $18,000 was still needed. 
 
         170.2  Further remarks from Mayor and Councilmembers
a.   Councilmember Stine thanked those who attended the Martin Luther King, Jr. Day event; Mayor Wheeler also thanked the event organizers and noted the success of the celebration.
 
180.  Adjournment
         There being no further business, this Council meeting adjourned to executive session at 7:40 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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