Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, March 16, 2017

AGENDA
March 16, 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
 
20.    Approval or Correction of the Minutes of the March 2, 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
         40.1     COUNCIL BILL 2017-20 A resolution denying the appeal and upholding the Planning Commission’s approval of a Conditional Use Permit for a proposed Bed and Breakfast to be located at 3663 Mallard Lane in the SFR-6 zoning district.
 
         40.2     COUNCIL BILL 2017-21 An ordinance awarding a contract in the amount of $113,976.50 to Telfer Pavement Technologies, LLC, to perform slurry seal on various city streets.
 
50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2017-22 A resolution authorizing execution of a Letter of Intent with the Medford Parks and Recreation Foundation, to donate 4.71 acres of parkland to the City of Medford for the development of Village Center Park.
 
         60.2     COUNCIL BILL 2017-23 A resolution adopting support for restoring recreational immunity to landowners and their officers, employees, agents or volunteers who are acting within the scope of their employment or duties so as to allow Oregonians to access their lands for recreational use and enjoyment.
 
         60.3     COUNCIL BILL 2017-24 An ordinance amending section 5.310 of the Medford Municipal Code to allow drinking in public on pedicabs.
 
         60.4     COUNCIL BILL 2017-25 A resolution approving the Building Director’s selection of eligible properties for abatement pursuant to the Housing Receivership Ordinance of the City of Medford.
 
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:
                        Adrian Chavez Day – March 16, 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.
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 COUNCIL BILL 2017- Consider an appeal of an Administrative Decision regarding maintenance of sidewalk at 60 Rose Avenue.
 
         120.2   COUNCIL BILL 2017- Consideration of an appeal of the Site Plan and Architectural Commission’s approval of a proposal to develop a four-story hotel composed of 93 rooms to be located on the vacant lot located at 1375 Center Drive within the Regional Commercial (C-R) zoning district. (AC-16-150) 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 16, 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 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
 
Employee Recognition
Nancy Abrahamson, Administrative Support Technician of the Planning Department, was recognized for her years of service.
 
20.    Approval or Correction of the Minutes of the March 2, 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     Mayor Wheeler presented the Adrian Chavez Day proclamation, dated March 16, 2017. Mr. Chavez was thankful for the award and stated he volunteers to make a difference.
 
         30.2     Ed Chun, 2840 Lone Pine Road, owner of Sunrise Café in downtown Medford, expressed concern with the “stumbling drunks” downtown. He believed there are many people being over-served and he would like an increase in the number of Police downtown.  He also talked about the warming shelter and stated it is a community solution. Mr. Chun supports the pedicabs, as presented later in the meeting.
 
         30.3     Brad Bennington, Builder’s Association, spoke about the homeless, affordable housing, workforce housing, and a seminar he attended. He expressed a need for the City’s assistance with permitting and regulations.
 
40.    Consent Calendar
         40.1     COUNCIL BILL 2017-20 A resolution denying the appeal and upholding the Planning Commission’s approval of a Conditional Use Permit for a proposed Bed and Breakfast to be located at 3663 Mallard Lane in the SFR-6 zoning district.
 
         40.2     COUNCIL BILL 2017-21 An ordinance awarding a contract in the amount of $113,976.50 to Telfer Pavement Technologies, LLC, to perform slurry seal on various city streets.
 
MotionAdopt consent calendar.
Moved byKevin Stine                                                     Seconded by:  Dick Gordon
 
Councilmember Wallan questioned whether resolution 2017-20 should indicate the application fee had been waived.  City Attorney Lori Cooper clarified the waived fee was reflected in the minutes but is not included in the resolution, as it is a land use finding.
 
Roll callCouncilmembers Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan voting yes; Councilmember Bearnson voting no; Councilmember Zarosinski abstaining.
Motion carried and so ordered.  The following Council Bills were approved: 2017-20 and 2017-21
 
50.    Items Removed from Consent Calendar
         None.
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2017-22 A resolution authorizing execution of a Letter of Intent with the Medford Parks and Recreation Foundation, to donate 4.71 acres of parkland to the City of Medford for the development of Village Center Park.
 
                     Parks and Recreation Director Rich Rosenthal presented the staff report on Village Center Park. Randy Jones, representing Crystal Springs, was in attendance. Parks and Recreation Commission recommended approval.
 
                     City Manager Brian Sjothun thanked Mr. Jones and stated he was grateful for the $500,000 donation. Mr. Jones noted this is a win-win situation. Councilmember Stine questioned how they came up with the name. Mr. Jones noted the Village Commercial Center is listed in the plan and is in-line with the trail to Crissy Park.
 
MotionApprove the resolution.
Moved byTim D’Alessandro                                           Seconded by:  Dick Gordon
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine and Wallan voting yes; Councilmember Zarosinski abstaining.
Resolution 2017-22 was duly adopted.
 
         60.2     COUNCIL BILL 2017-23 A resolution adopting support for restoring recreational immunity to landowners and their officers, employees, agents or volunteers who are acting within the scope of their employment or duties so as to allow Oregonians to access their lands for recreational use and enjoyment.
 
MotionApprove the resolution.
Moved byClay Bearnson                                                Seconded by:  Kay Brooks
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-23 was duly adopted.
 
         60.3     COUNCIL BILL 2017-24 An ordinance amending section 5.310 of the Medford Municipal Code to allow drinking in public on pedicabs.
 
                     Councilmember Stine questioned the time, place and manner and those who want to start this type of business. Ms. Cooper noted the pedicab routes are reviewed by the Police Department. Councilmember Stine questioned who would be responsible for ensuring those who cannot drink would not be doing so; Ms. Cooper explained it would be complaint-based and the responsibility of the business owner and those on the pedicab. Councilmember Bearnson questioned whether he should abstain due to his businesses downtown; Ms. Cooper noted it is ultimately a question for the Ethics Commission, but she thought he would be protected.  Councilmember Gordon questioned whether the drivers needed a Taxi Identification card; Mr. Mitton did not anticipate that an identification card would be required, only a business license. The purpose of the ride is not getting from point A to B, but for recreation only. Councilmember Brooks questioned if growlers could be glass; Ms. Cooper noted  that glass growlers and bottles are allowed, but that glass containers must be kept in a cooler while the pedicab is moving.  Passengers on the pedicabs are only allowed to drink from cups made of plastic, silicone, or other unbreakable materials while the pedicab is moving.
 
 
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by:  Kay Brooks
 
Councilmember Bearnson noted he would abstain, but he supported the motion. Councilmember Zarosinski stated the concerns from a previous study session regarding the owner/operator controlling intoxication have been addressed in this updated version.
 
Roll callCouncilmembers Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Councilmember Bearnson abstaining.
Ordinance 2017-24 was duly adopted.
 
         60.4     COUNCIL BILL 2017-25 A resolution approving the Building Director’s selection of eligible properties for abatement pursuant to the Housing Receivership Ordinance of the City of Medford.
 
Building Director Sam Barnum presented the staff report.  Mr. Sjothun noted a flow chart was before Council and the City is at Step 4 of the receivership program. Councilmember Jackle questioned the 1530 W. Main Street property as there has been no criminal activity and no threat to public health, safety, and welfare reported. Mr. Barnum noted that it is a boarded-up property and the City is trying to eliminate boarded-up properties and blight. Councilmember Bearnson questioned whether Police could comment on the safety issues with boarded-up homes; Sergeant Special Services Don Lane confirmed that boarded-up properties pose a danger to officers due to their unknown stability. Fire Chief Brian Fish brought up two points of safety 1) we have had history of arson in boarded-up, vacant homes; and 2) boarded-up homes cause safety issues as they block evacuation routes in the event of a fire. Council discussed the homes that needed to be demolished, the purpose of the receivership program, the IPMC guidelines, and rodent infestation.
 
MotionApprove the resolution.
Moved by:  Kevin Stine                                                     Seconded by:  Kay Brooks
 
Councilmember Stine appreciated the small number of properties this time. Councilmember Gordon noted the need to move these forward as quickly as possible to prevent the houses from impacting neighborhoods. Council discussed the potential court cases that could happen from this process.
 
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution 2017-25 was duly adopted.
 
70.    Council Business
         70.1     Councilmember Zarosinski noted that he, Councilmember Jackle and Mr. Sjothun addressed the federal agenda in Washington DC last week. 
 
         70.2     Councilmember Stine questioned the Coquille Tribe’s request regarding a study session; Councilmember Zarosinski responded that it was discussed, and information was received from Senator Merkley’s Office regarding the direction.  An Executive Session should be held to discuss it with our attorney to determine how to proceed.  Councilmember Zarosinski noted he did direct Mr. Sjothun to reach out to the Tribe and determine if they were interested in providing an update to the Council.
 
         70.3     Councilmember Stine noted interviews were held for a partial-term vacancy on the Bicycle & Pedestrian Advisory Committee.
 
Motion: Appoint Scott Craun to a partial term on the Bicycle and Pedestrian Advisory Committee, with a term ending January 31, 2018.
Moved byKevin Stine                                                     Seconded by: Clay Bearnson
 
Councilmember Stine noted that Mr. Craun moved here six months ago; he is an avid walker and has some concerns with pedestrian areas.  Mr. Craun also has a background in planning. Councilmember Brooks noted there is a need for pedestrian representation on the committee.
 
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     Further reports from City Manager
                                 a.   Mr. Sjothun – CFM will be here in April; they will prepare notes of all of the meetings that he and the Councilmembers attended while they were in Washington D.C. President Trump’s initial budget came out today and the CDBG program is scheduled to be eliminated. Our Grants Coordinator, Angela Durant, will prepare information for our federal lobbyist on the importance of the program in our area.
 
                                 b.   Medford Police Department was named the 2016 DUII Enforcement Agency of the Year.  Mr. Sjothun explained the award reflected not just arrests, but also education and prevention.
 
                                 c.   Mr. Sjothun announced that Rich Rosenthal was appointed the Parks and Recreation Director effective today.  
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Adrian Chavez Day – March 16, 2017
 
         90.2     Further Council committee reports:  None.
           
         90.3     Further remarks from Mayor and Councilmembers
               Councilmember D’Alessandro noted that he and Councilmember Bearnson met with a Neighborhood Watch group in their ward.
 
100.  Adjournment to the Evening Session
         Council adjourned to the evening session at 1:13 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, 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
 
110.  Oral Requests and Communications from the Audience
         110.1     Jay Ruetlgers, Medford Cruise, thanked Council for their support. Last year was their biggest year and the group raised more than $40,000. The event is one of the biggest in the west coast. They presented the city with a plaque. The event is free to the public and is family friendly.
 
         110.2     Matthew Morgan, 2339 Gould Circle, spoke about having Uber in Medford and the need for signage for RVTD.
 
         110.3     Jason Berry, Scoutmaster for Troop 130, introduced new scouts and noted this is one opportunity for them to understand how a community works.
 
120.  Public Hearings
120.1   Consider an appeal of an Administrative Decision regarding maintenance of sidewalk at 60 Rose Avenue.
 
Public Works Director Cory Crebbin presented the staff report. He noted he spoke with the appellant before the meeting, about items not related to the appeal. Because of that discussion, Mr. Crebbin will follow-up with his staff regarding interactions with the public. Staff recommends denial of the appeal.
 
Councilmember Zarosinski questioned how the scope of the repair is determined; Mr. Crebbin explained the inspector specifies the defects.
 
Public hearing opened.
 
Lana Graham, 60 Rose Avenue, noted the sidewalk has been repaired. She outlined her concerns about meeting the ADA requirements and her frustration with the inspector’s instructions/direction.  Ms. Graham believed the inspector was too vague and was not easy to work with.  She stated that after receiving vague answers, the inspector said he would put her on a watch list.
 
Ms. Graham also questioned the ordinances regarding the trees and their roots. Had she known about the ordinances, she would have negotiated this in the home sale. Councilmember Gordon questioned whether she obtained a home inspection when buying the house; Ms. Graham noted that she did, but the trees and sidewalks were not included. City Attorney Lori Cooper questioned if the sidewalk was repaired; Ms. Graham noted she hired a contractor to grind part of the sidewalk and it now meets the requirements. Councilmember D’Alessandro questioned the second picture provided in the Council agenda and whether it was her property; Mr. Crebbin noted it was not. Councilmember Bearnson noted the sidewalk next to hers is far worse; Mr. Crebbin stated in this case the inspector would have to write-up that property as well. Councilmember D’Alessandro asked about the watch list and what that meant; Mr. Crebbin noted there is no watch list, and he will include that in his discussion with staff.
 
Public hearing closed.
 
MotionDeny the appeal.
Moved byKevin Stine                                                     Seconded by:  Michael Zarosinski
 
Councilmember Zarosinski questioned if we still have an appeal; Ms. Cooper responded that it has not officially been withdrawn, so Council should take action. Councilmember Jackle questioned whether the appellant needed to do anything more. Mr. Crebbin noted Public Works needs to conduct an inspection to confirm the repairs.
 
Roll callCouncilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
         120.2   Consideration of an appeal of the Site Plan and Architectural Commission’s approval of a proposal to develop a four-story hotel composed of 93 rooms to be located on the vacant lot located at 1375 Center Drive within the Regional Commercial (C-R) zoning district. (AC-16-150) Land Use, Appeal
 
Planning Director Matt Brinkley noted this appeal has been withdrawn. The Planning Department received an email from the appellant's representative requesting that the appeal be withdrawn.Councilmember Stine questioned the amount of the appeal fee; Mr. Brinkley noted it is half of the filing fee, which they have paid. It will not be refunded.
 
130.  Ordinances and Resolutions
         None.
        
140.  Council Business
         140.1   Councilmember Zarosinski noted he talked with Councilmember Wallan about attending Council Officers meeting; Councilmember Stine questioned whether it would create a quorum problem. Councilmember Zarosinski noted there has not been a problem with too many Councilmembers attending. Councilmember Stine noted if he wanted to attend, he will call ahead; Councilmember Wallan stated the one time she tried to attend there were too many in attendance. Council decided to continue as is.
 
150.  Further Reports from the City Manager and Staff
         150.1   Fire Station #4 ribbon cutting tomorrow.
 
160.  Propositions and Remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports
                            
         160.2   Further remarks from Mayor and Councilmembers
                     a.     Councilmember Bearnson noted he quit attending the Council Officers meetings, because they cut into the lunch hour.
 
170.  Adjournment
         There being no further business, this Council meeting adjourned at 7:38 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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