Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, March 02, 2017

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

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

10.    Roll Call

 
McLoughlin Middle School Students of the Month
 
20.    Approval or Correction of the Minutes of the February 16, 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 2017-18 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 135 through 149 S. Central Avenue.
 
         60.2     COUNCIL BILL 2017-19 An ordinance amending section 9.415 of the Medford Municipal Code pertaining to selection of properties for receivership.
 
70.    Council Business
             
80.    City Manager and Other Staff Reports
         80.1     Natural Hazards Mitigation Plan update – Larry Masterman
 
         80.2     Bond rating upgrade – Alison Chan
 
         80.3     Updated budget calendar – Alison Chan
 
         80.4     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 4 minutes per individual, 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 4 minutes. PLEASE SIGN IN.
 
120.1 Consider an appeal of the Planning Commission approval of a Conditional Use Permit for a proposed Bed & Breakfast to be located at 3663 Mallard Lane in the SFR-6 (Single-Family Residential – 6 dwelling units per gross acre) zoning district. CUP-16-139 (Land Use, Appeal)
 
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
 March 2, 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 12:00 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, Tim D’Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Councilmembers Kay Brooks and Michael Zarosinski were absent.
 
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 February 16, 2017 Regular Meeting
There being no additions or corrections, the February 16, 2017 minutes were approved as presented.
 
Councilmember Gordon previously requested deferring the approval of the February 2, 2017 minutes; he stated he was satisfied with the amended minutes. There being no additions or correction, the minutes from February 2, 2017 were approved as presented.
 
30.    Oral Requests and Communications from the Audience
         None. 
 
40.    Consent Calendar
         None.
 
50.    Items Removed from Consent Calendar
None.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2017-18 A resolution affirming the Public Works Director’s administrative decision requiring the repair of an unsafe sidewalk located at 135 through 149 S. Central Avenue.
 
MotionApprove the resolution.
Moved byKevin Stine                                                     Seconded by:  Dick Gordon
 
Councilmember Stine questioned how many property owners have not signed their waiver; Public Works Director Cory Crebbin noted there are five property owners that have not signed the waivers, which represent nine properties. These owners will have their sidewalks repaired by the City and will be required to reimburse the City for the expense.
 
Roll callCouncilmembers D’Alessandro, Gordon, Stine and Wallan voting yes; Councilmember Bearnson voting no; Councilmember Jackle abstaining.
Resolution 2017-18 was duly adopted.
 
         60.2     COUNCIL BILL 2017-19 An ordinance amending section 9.415 of the Medford Municipal Code pertaining to selection of properties for receivership.
 
Deputy City Attorney Kevin McConnell noted this ordinance revises the Code language from “interested party” to “owner” and explained that properties considered for a receivership will come back for Council’s approval at the next meeting. Councilmember Gordon questioned ownership determination, as the owner can be difficult to determine; Mr. McConnell explained that notices explaining the housing/building code violations are sent to the property owners. If the violations are not corrected, an additional 60-day notice will be sent to all interested parties, as outlined in a title report.  City Attorney Lori Cooper clarified the identity of the property owner is determined from the Jackson County property records, and the interested parties are determined from a title report.
 
MotionAdopt the ordinance.
Moved byClay Bearnson                                                Seconded by: Kim Wallan 
Roll callCouncilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, and Wallan voting yes.
Ordinance 2017-19 was duly adopted.
 
70.    Council Business
         70.1     Councilmember Jackle noted Councilmembers Bearnson and D’Alessandro met with staff members regarding the expansion of an exclusion ordinance which prevents citizens who have committed specific crimes to be excluded from a certain geographical area, such as Hawthorne Park. Councilmember D’Alessandro explained residents are reporting property damage, littering and various crimes related to a warming center and the crimes are trickling to the downtown area and Alba Park.  Councilmember Bearnson spoke about issues he has witnessed and believe this ordinance would assist police to reduce crimes in this area.
 
MotionDirect staff to draft an amendment to Municipal Code Section 5.256 to include the downtown core as an area from which individuals could be excluded if they violate the applicable provisions of law provided for in that Code Section.
Moved byTim Jackle                                                            Seconded by:  Clay Bearnson
 
Councilmember Gordon requested information on the number of people this would impact and where they might migrate.  He believed the improvements in Hawthorne Park forced homeless people into the downtown area and this Code amendment would force them to yet another area. Councilmember Stine agreed and stated this would be criminalizing homelessness and he did not support the motion.  Councilmember Bearnson disagreed that this motion criminalized homelessness, noting it prevents anyone from violating the law.  Mayor and Council discussed the pros and cons of the motion.
 
Roll call: Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, and Wallan voting yes; Councilmember Stine voting no.
Motion carried and so ordered.
             
80.    City Manager and Other Staff Reports
 
Out of sequence
 
         80.5     Maureen Swift, President of the Jackson County Library District, provided information on the Medford Comic Con which will be held April 29, 2017 from 10 a.m. to 4 p.m. There will be a costume contest, fan art contest, vendors, workshops, drone races, and panel discussions. They also noted they have contacted the Medford Arts Commission and Travel Medford.
 
Back in sequence
        
         80.1     Natural Hazards Mitigation Plan update – Larry Masterman
Emergency Management Coordinator Larry Masterman stated the Library District has been an excellent partner in our emergency management plan. He introduced Tricia Sears, Natural Hazards Planner for the Oregon Department of Land Conservation and Development, who provided an update on the plan. They will be seeking adoption of the final plan in June; and noted an update is required every five years.
 
         80.2     Bond rating upgrade – Alison Chan
                     Finance Director Alison Chan presented information on the bond update rating.
 
         80.3     Updated budget calendar – Alison Chan
Ms. Chan provided an updated calendar and noted the dates are set, not tentative.
 
         80.4     Further reports from City Manager
                     None.
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None.
 
         90.2     Further Council committee reports:  None.
           
         90.3     Further remarks from Mayor and Councilmembers
                     a.   Councilmember Gordon noted that dues for RVCOG have been reduced from approximately $24,000 to $12,000.
 
100.  Adjournment to the Evening Session
         Council adjourned to the evening session at 1:02 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, Tim D’Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Councilmembers Kay Brooks and Michael Zarosinski were absent.
 
110.  Oral Requests and Communications from the Audience
         None.
 
120.  Public Hearings
120.1 Consider an appeal of the Planning Commission approval of a Conditional Use Permit for a proposed Bed & Breakfast to be located at 3663 Mallard Lane in the SFR-6 (Single-Family Residential – 6 dwelling units per gross acre) zoning district. CUP-16-139
 
          Planning Director Matt Brinkley presented the staff report, noting the applicant neither addressed the Planning Commission nor presented information which was provided in the appeal letter. Mr. Brinkley explained Council’s four options and recommended finding that the Planning Commission did not err in its decision.
 
          Councilmember Gordon stated that he knows Robert Forrest and is familiar with the property, but does not think that will sway his decision. Councilmember Gordon also asked whether Council could uphold Planning Commission’s decision of the maximum of 6 people, but remand the maximum of 10 people to achieve better findings of fact; Mr.  Brinkley noted it could be remanded, but the 120-day review period is nearly up and the appellant needed to agree to any extension. City Attorney Lori Cooper stated Council couldn’t approve a portion; Council can approve the decision and the applicant could reapply for an increase to 10 people.  Councilmember Wallan questioned if the notices had been sent out correctly whether the Council would still be up against the 120-day deadline.  Assistant Planning Director Kelly Akin stated the deadline date would have been the same; the late notices had no impact.
 
Public hearing opened.
 
          Robert Forrest, 3663 Mallard Lane, noted he applied for the conditional use permit November 1, 2016 requesting a maximum of 10 people. He believed they met the sanitary sewer and standards, provided exceptions to the Code and requested rebuttal time.
 
          Councilmember Jackle questioned Mr. Forrest’s findings and fact and the community standards as Mr. Forrest indicated the proposed use would be comparable to a family with three or four kids and he could not find evidence requesting 10 people; Mr. Forrest responded that the Planning Commission record should contain his application which requested 10 people.  
 
          Mayor Wheeler commented on Mr. Forrest’s email from December 23, 2016 stating he was applying for two rooms instead of four rooms for his bed and breakfast; he remarked that 5 people per bedroom seemed excessive. Councilmember Stine stated that on page 42 under “Proposal and Scope” Mr. Forrest did indicate the number of people that he would like to stay in one room. Councilmember Jackle stated we are limited to the record that was before the Planning Commission. Councilmember Bearnson questioned whether the SFR10 included the occupants of the home; Mr. Brinkley believed it is for 10 guests. Councilmember Wallan questioned if the original staff recommendation was for 10 people; Mr. Forrest believed that was true. Ms. Cooper disagreed stating the Planning Commission’s decision was discretionary, stating “generally shall be limited to six” people. Mayor Wheeler questioned the Jackson County inspection and the number of bedrooms; Mr. Forrest clarified that he had five sleeping rooms and he reduced the number of bedrooms because of the additional requirements for sewer, licensed kitchen, etc.
 
Public hearing closed.
         
          Mr. Brinkley stated staff did explain it was Planning Commission’s discretion to allow more than six people, but no specific findings were made regarding the number of people. During the Planning Commission hearing, there was no testimony regarding the sanitary sewer requirements and the findings needed to clarify there were enough bathrooms for 10 people. Council continued to discuss the number of guests for the bed & breakfast.
 
MotionApprove the resolution upholding the Planning Commission decision to approve CUP-16-139 and limit the number of guests to six because no legal error was committed and there is sufficient evidence in the record to support the Planning Commission decision.
 
Moved byKevin Stine                                                     Seconded by: Tim D’Alessandro 
 
Councilmember Stine noted the appellant may have a compelling argument but Council needed to base their opinion on the information presented to the Planning Commission. Councilmember Gordon commented on the information and findings presented. Councilmember Wallan stated she will not support the decision and could not tell what the record was, based on the exhibits presented. Councilmember Jackle noted we cannot do a remand based on the 120-day rule. He also noted Planning staff does not have time to write findings for applicants. Councilmember Gordon questioned if we have the ability to waive the fees for the applicant if he chooses to revise his application to request more guests.  Ms. Cooper responded that the Council does have the authority to waive fees; Council has done this in the past.
 
Roll callCouncilmembers D’Alessandro, Gordon, Jackle and Stine voting yes; Councilmembers Bearnson and Wallan voting no.
Motion carried and so ordered.
 
MotionDirect staff to waive Planning Department fees if the applicant, within 6 months from tonight, submits an application to modify the CUP to increase the number of allowed guests.
Moved by: Dick Gordon                                                    Seconded by:  Clay Bearnson
Roll call: Councilmembers Bearnson, D’Alessandro, Gordon, and Wallan voting yes; Councilmembers Jackle and Stine voting no.
Motion carried and so ordered.
 
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:  None.
                            
         160.2   Further remarks from Mayor and Councilmembers: None.
 
170.  Adjournment
There being no further business, this Council meeting adjourned at 8:28 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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