Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, February 02, 2017

AGENDA
February 2, 2017

12:00 Noon
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 January 19, 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 2017-09 - Continued from January 19, 2017 – A resolution authorizing the addition of a project to the current budget for the repair and replacement of sidewalks and other streetscape components on Central Avenue.
 
         60.2     COUNCIL BILL 2017-11 A resolution reversing the City Recorder’s administrative decision and upholding the issuance of a taxi driver identification card to Gerald Adams.
 
         60.3     COUNCIL BILL 2017-12 A resolution directing staff to move forward with the design and construction of Fire Station #3.
 
         60.4     COUNCIL BILL 2017-13 A resolution appointing representatives to voting positions as the City representatives on boards and commissions.
 
         60.5     COUNCIL BILL 2017-14 A resolution to commence foreclosure to recover delinquent assessments.
 
         60.6     COUNCIL BILL 2017-15 An ordinance granting to (Astound Broadband, LLC, dba Wave), Grantee, the non-exclusive privilege (Franchise) to use the public way to locate, construct, operate and maintain facilities within the City of Medford.
 
70.    Council Business
         70.1     State Legislative Agenda
 
80.    City Manager and Other Staff Reports
         80.1     Quarterly Financial Report by Alison Chan
 
         80.2     IPMC/Receivership update by Sam Barnum
 
         80.3     Further reports from City Manager
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Bill and Socorro Holloway Day – February 4, 2017
 
         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.
 
There are no items for Council consideration.

MINUTES

February 2, 2017
12:00 Noon
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*, 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 and returned as noted.
 
Introduction of McLoughlin Middle School Students of the Month
McLoughlin Assistant Principal Rick Parsagian introduced the students of the month.
 
20.    Approval or Correction of the Minutes of the January 19, 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     Matt Prouty, 110 S. Grape Street, was concerned with the homeless issue in the downtown area. There is camping, drinking and smoking in the park. He filed a few complaints to the Police Department and questioned what happens after the homeless person is ticketed.
 
         30.2     Murray Richmond, 418 King Street, spoke about the food bank they have at their church. He thanked Council for their work pertaining to with the Tiny Houses project. He noted every day they have to keep up after the homeless and this issue is getting worse. He believed the two main concerns in Medford are stolen cars and mental-health issues. Mr. Murray questioned whether a taskforce should be created to resolve homeless issues.
 
40.    Consent Calendar
         None.
        
50.    Items Removed from Consent Calendar
         None.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2017-09 - Continued from January 19, 2017 – A resolution authorizing the addition of a project to the current budget for the repair and replacement of sidewalks and other streetscape components on Central Avenue.
 
City Manager Brian Sjothun noted a study session was held last week and our legal counsel recommended not using MURA funds for the sidewalk repair. Councilmember Gordon stated that Eric Iverson, formerly of MURA, told him there is additional construction under the pavers to keep the water from the buildings and the MURA was aware that pavers would need to be reset periodically. The bulb-outs need to be reconstructed due to cars driving over them. Councilmember Wallan wanted clarity regarding the cause of the problem; the actual trees to be addressed as well.  Councilmember recommended someone speak with John Galbraith, the sidewalk’s design architect, about controlling the tree roots.
 
MotionApprove the resolution.
Moved by:   Kevin Stine                                                    Seconded by:  Dick Gordon
 
Amended motion:  Direct staff to repair the sidewalks of all property owners who received notice from the City pertaining to the downtown sidewalk repair, regardless of whether they sign indemnity waivers.
Moved by: Kevin Stine                                                      Seconded by: Tim Jackle
 
Councilmember Bearnson believed this was a band-aid and questioned the lifecycle cost; City Attorney Lori Cooper noted the Code outlines that property owners are responsible for sidewalks in front of their property. Public Works Director Cory Crebbin noted most of the property owners have signed waivers, but all sidewalk repairs were included in the repair estimate. He also explained the new bulb‑outs were addressed in a previous Council meeting; those repairs will be completed with traffic‑bearing concrete.
 
Roll call on amended motionCouncilmembers D’Alessandro, Stine, and Wallan voting yes; Councilmembers Brooks and Jackle abstaining; Councilmembers Bearnson, Gordon, Zarosinski voting no; Mayor Wheeler voted no to break the tie.
Motion failed.
 
Ms. Cooper clarified that the waivers only provided additional assurance to the City that property owners understood the Code and that repairs would be made by the City only once. The Council, Mr. Crebbin and Ms. Cooper discussed whether it was Council’s intention to repair all the locations outlined or only those locations with waivers on file. 
 
Reconsideration of amended motion: Reconsider the amendment to the main motion.
Moved byMike Zarosinski                                              Seconded by: Kevin Stine
 
Councilmember Zarosinski clarified that voting no on the amendment meant that a Councilmember believed a waiver should be signed before repairs were made. 
 
Roll call on reconsideration of amended motionCouncilmembers Brooks, D’Alessandro, Stine, and Zarosinski voting yes; Councilmember Jackle abstaining; Councilmembers Bearnson, Gordon, Wallan voting no.
Motion carried and so ordered.  Main motion was amended.
 
Councilmember Stine spoke regarding forcing property owners to sign the waiver; Councilmember Gordon responded that allowing property owners to have repairs completed without a waiver would set a precedent and Council had asked for them; Councilmembers Zarosinski and Wallan agreed.
 
Amended main motion: Those who have received a notice from the City pertaining to the downtown sidewalk repair will have their sidewalk repaired whether they signed an indemnity waiver.
 
Roll call on amended main motion: Councilmember Stine voting yes; Councilmembers Brooks and Jackle abstaining; Councilmembers Bearnson, D’Alessandro, Gordon, Wallan, and Zarosinski voting no.
Motion failed.
 
Councilmember Zarosinski noted the City should review the design standards to prevent these types of issues. Councilmembers Stine and Wallan recommended additional Council input in any new requirements.  Mayor, Council, Ms. Cooper and Mr. Crebbin discussed the downtown sidewalk issues, the property owners’ responsibilities, future payment and whether to repair the existing sidewalk or replace with stamped concrete.
 
Roll call on original motionCouncilmembers D’Alessandro, Gordon, Stine, Wallan, and Zarosinski voting yes; Councilmember Bearnson voting no; Councilmembers Brooks and Jackle abstaining.
Resolution 2017-09 was duly adopted.
 
         60.2     COUNCIL BILL 2017-11 A resolution reversing the City Recorder’s administrative decision and upholding the issuance of a taxi driver identification card to Gerald Adams.
 
MotionApprove the resolution.
Moved by: Clay Bearnson                                                 Seconded by:  Dick Gordon
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-11 was duly adopted.
 
         60.3     COUNCIL BILL 2017-12 A resolution directing staff to move forward with the design and construction of Fire Station 3.
 
MotionApprove the resolution.
Moved by:   Clay Bearnson                                               Seconded by:  Tim D’Alessandro
 
Councilmember Gordon questioned if the estimated cost included contingency; Mr. Sjothun noted it included contingency. Finance Director Alison Chan noted the $2.6 million will be received throughout the next biennium. Mr. Sjothun noted this resolution authorized staff to reengage in the process; Council will review this again after the guaranteed maximum price is established.
 
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-12 was duly adopted.
 
         60.4     COUNCIL BILL 2017-13 A resolution appointing representatives to voting positions as the City representatives on boards and commissions.
 
MotionApprove the resolution.
Moved byClay Bearnson                                                Seconded by:  Kevin Stine
 
Councilmember Gordon noted the change to the resolution; Mr. Sjothun noted there is an updated resolution at Council places.
 
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-13 was duly adopted.
 
         60.5     COUNCIL BILL 2017-14 A resolution to commence foreclosure to recover delinquent assessments.
 
MotionApprove the resolution.
Moved byClay Bearnson                                                Seconded by:  Kim Wallan
 
Councilmember Bearnson asked if this resolution just initiated the foreclosure process; Ms. Chan agreed and explained that the Finance Department and City Recorder jointly worked on the process.
 
Motion to amend main motionDirect staff to exclude those occupied properties and properties with less than $1,000 owed.
Moved byMike Zarosinski                                              Seconded by: Kevin Stine
 
Councilmember Zarosinski preferred postponing foreclosures on properties owing small amounts and speaking with owners residing in the homes; Ms. Chan noted the occupied properties outlined appear to have changed ownership and a thorough lien search may not have been completed.  Sometimes in those cases, the title company or responsible third party will pay the lien.
 
Roll call on motion to amend main motionCouncilmembers Brooks, D’Alessandro, Jackle, Stine, Wallan, and Zarosinski voting yes; Councilmembers Bearnson and Gordon voting no.
Motion carried and so ordered.  Main motion amended.
 
Roll call on amended main motionCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-14 was duly adopted as amended.
 
         60.6     COUNCIL BILL 2017-15 An ordinance granting to (Astound Broadband, LLC, dba Wave), Grantee, the non-exclusive privilege (Franchise) to use the public way to locate, construct, operate and maintain facilities within the City of Medford.
 
Councilmember Bearnson questioned the background information on Astound Broadband; Ms. Cooper noted they provide a variety of broadband services, including cable television services; however, they are not anticipating providing cable service at this time.
 
MotionAdopt the ordinance.
Moved by: Clay Bearnson                                                 Seconded by:  Dick Gordon
 
Councilmember Gordon encouraged the company to provide internet services to Medford.
 
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance 2017-15 was duly adopted.
 
70.    Council Business
         70.1     State Legislative Agenda
Councilmember Zarosinski spoke regarding the Legislative agenda for next week’s City Day at the Capitol. Mr. Sjothun noted the draft before them will be updated to include comments from Council. Cindy Robert, our state lobbyist, will have this information and will track the bills of concern.
 
70.2     Council Agenda
            Councilmember Zarosinski noted that Council Officers have discussed moving more items to evening meetings.
 
70.3     Judge and Pro Tem
            Mayor Wheeler spoke regarding Judge Haberlach’s recommendations for the Municipal Court Pro Tem positions.
 
MotionConfirm Mayor Wheeler’s appointment of William Haberlach of Municipal Court Judge and James Wickre, Jason Broesder, John Blackhurst, Damian Idiart and Janice Watson as Municipal Court Pro Tem Judges.
Moved byClay Bearnson                                       Seconded by:  Mike Zarosinski
 
Councilmember Stine questioned the compensation for Pro Tem Judges; Ms. Chan noted the Judge has a long-term contract and the pro tem judges are considered temporary.
 
Roll call:   Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
80.    City Manager and Other Staff Reports
         80.1     Quarterly Financial Report by Alison Chan
Finance Director Alison Chan presented highlights of the Quarterly Financial Report and highlighted several items. Councilmember Bearnson questioned the funding; Ms. Chan noted the portfolio will shrink when projects are taking place.
 
         80.2     IPMC/Receivership update by Sam Barnum
Building Director Sam Barnum presented an update on the IPMC process on blighted homes and Building Code violations; noting that 28 letters were recently mailed to property owners regarding violations. Staff will present a list to Council for receivership approval in March.
 
*Councilmember D’Alessandro left the meeting.
 
Mr. Barnum explained the first step in the IPMC process is to attempt to get compliance; property owners who do not respond may go to receivership. Councilmember Jackle questioned the findings for properties entering receivership. Mr. Sjothun stated the first receivership could begin in March; any questions you would have before that could be brought to staff.
 
*Councilmember Bearnson left and returned to the dais.
 
Councilmember Brooks questioned provisions for those who cannot afford repairs; Mr. Barnum noted the City does not have anything to offer financially but will work with people who call for assistance.
 
            *Councilmember Wallan left the dais.
 
Councilmember Gordon questioned if there were additional boarded-up houses; Mr. Barnum noted there are three vacant, boarded-up houses remaining.
 
         80.3     Further reports from City Manager
                     None.
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Bill and Socorro Holloway Day – February 4, 2017
 
         90.2     Further Council committee reports
                     Councilmember Bearnson noted there were vacancies on the Arts Commission.
 
MotionAppoint Adrian Chavez to the youth position on the Arts Commission, with a term expiring June 30, 2017 and Neeta Lakshmi Singh to a partial-term on the Arts Commission with a term expiring January 31, 2018.
Moved byClay Bearnson                           Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, Gordon, Jackle, Stine and Zarosinski voting yes.
Motion carried and so ordered.
 
*Councilmember Wallan returned to the dais.
 
         90.3     Further remarks from Mayor and Councilmembers
                     Councilmember Brooks noted she preferred moving more topics to the evening meetings.
 
100.  Adjournment to the Evening Session
There being no further business, this Council meeting adjourned at 2:02 p.m. The evening meeting was canceled due to lack of items for Council consideration.
 
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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