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City Council Meeting Agenda & Minutes

Minutes
Thursday, April 06, 2017

AGENDA
April 6, 2017

12:00 Noon and 7:00 p.m.
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 March 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
         40.1     COUNCIL BILL 2017-26 A resolution affirming the Public Works Director's administrative decision requiring the repair of an unsafe sidewalk located at 60 Rose Avenue.
 
         40.2     COUNCIL BILL 2017-27 An ordinance authorizing execution of a Quitclaim Deed in favor of Kids Unlimited to extinguish a storm drain and sanitary sewer easement located at 821 Riverside Avenue.
 
         40.3     COUNCIL BILL 2017-28 An ordinance dedicating a strip of land as public right-of-way along Springbrook Road.
 
         40.4     COUNCIL BILL 2017-29 An ordinance granting an ingress-egress easement to the owners of the property commonly known as 2985 Springbrook Road.
 
         40.5     COUNCIL BILL 2017-30 A resolution authorizing the transfer of $150,000 from the Risk Management Contingency Account to the Risk Management Expenditures Account for liability claims and management expenses.
 
50.    Items Removed from Consent Calendar
             
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2017-31 An ordinance authorizing execution of Jurisdictional Transfer Agreement No. 820, for jurisdictional exchange of North Central Avenue between Rossanley Drive and North Pacific Highway from the Oregon Department of Transportation to the City of Medford.
 
         60.2     COUNCIL BILL 2017-32 An ordinance authorizing execution of Amendment No. 1 to the Intergovernmental Agreement between the City of Medford, Talent, Central Point, Ashland, Phoenix, and Jackson County for the joint management of Bear Creek Greenway.

120.1 PUBLIC HEARING 
THIS ITEM WILL BE HEARD AT NOON VS 7PM (SEE BELOW)

 
70.    Council Business
             
80.    City Manager and Other Staff Reports
         80.1     Rogue Disposal & Recycling update by Laura Leebrick
 
         80.2     549C Strategic Plan by Brian Sjothun
 
         80.3     Pavement Management Plan by Cory Crebbin
 
         80.4     Further reports from City Manager
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Arbor Month  April 2017
                        Fair Housing Month  April 2017
                        Water Conservation Month  April 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   Consideration of an appeal of the Landmarks and Historic Preservation Commission approval of new signage for the building located at 14 North Central Avenue, within a C-C/CB/H (Community Commercial/Central Business District/Historic Preservation Overlay) zoning district. (HC-17-002) Land Use, Appeal - WILL BE MOVED TO THE NOON MEETING
 
         120.2   COUNCIL BILL 2017-33 A resolution authorizing the Transportation Facility Project to install sidewalks on portions of Plum Street, Stewart Avenue, Tennessee Drive, and Chico Street. (TF-16-149) Land Use, Quasi-Judicial
 
120.3   COUNCIL BILL 2017-34 An ordinance approving a minor amendment to the Transportation System Plan (TSP) of the Medford Comprehensive Plan by updating the project description of the proposed expansion of Foothill Road. (CP-17-010) Land Use, Legislative
 
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
April 6, 2017

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

 

Out of sequence.
McLoughlin Students of the Month

McLoughlin Vice Principal Rick Parsagian introduced the students of the month.
 
Back in sequence.
 
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; Deputy City Recorder Winnie Shepard

20.     Approval or correction of the minutes of the March 16, 2017 regular meeting

There being no revisions, the minutes of March 16, 2017 were approved.

30.   Oral requests and communications from audience

30.1      Claudette Moore, 985 Highbury Drive, spoke to the Council regarding issues she has experienced with area transients. She works at Coldwell Banker, about a block away from Alba Park, and the homeless are using their power outlets, camping in their doorways and using the restroom on their property.

30.2      Glenda Wilson, representing Better Car Shows, LLC, invited to the Council to the Rod & Custom Show at the Expo next weekend. She spoke of the various events during the show.
 

40.     Consent calendar

40.1     COUNCIL BILL 2017-26 A resolution affirming the Public Works Director's administrative decision requiring the repair of an unsafe sidewalk located at 60 Rose Avenue.
 
40.2    COUNCIL BILL 2017-27 An ordinance authorizing execution of a Quitclaim Deed in favor of Kids Unlimited to extinguish a storm drain and sanitary sewer easement located at 821 Riverside Avenue.

40.3     COUNCIL BILL 2017-28 An ordinance dedicating a strip of land as public right-of-way along Springbrook Road.

40.4     COUNCIL BILL 2017-29 An ordinance granting an ingress-egress easement to the owners of the property commonly known as 2985 Springbrook Road.

40.5     COUNCIL BILL 2017-30 A resolution authorizing the transfer of $150,000 from the Risk Management Contingency Account to the Risk Management Expenditures account for liability claims and management expenses.
 
Motion: Approve the consent calendar.
Moved by: Clay Bearnson                                                   Seconded by: Kevin Stine
Roll call: Councilmembers Bearnson, Brooks, D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Council Bills 2017-26, 2017-27, 2017-28, 2017-29, 2017-30 were approved.

50.    Items removed from consent calendar

       None.

60.     Ordinances and resolutions
60.1     COUNCIL BILL 2017-31 An ordinance authorizing execution of Jurisdictional Transfer Agreement No. 820, for jurisdictional exchange of North Central Avenue between Rossanley Drive and North Pacific Highway from the Oregon Department of Transportation to the City of Medford.

 
Motion: Approve the ordinance.
Moved by: Mike Zarosinski                                                  Seconded by: Tim D'Alessandro
 
Public Works Director Cory Crebbin provided a staff report, outlining the various areas that would be impacted by this bill. The City will receive $75,000 for maintenance.
 
Roll call: Councilmembers Bearnson, Brooks, D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Council Bill 2017-31 was duly adopted.

60.2    
COUNCIL BILL 2017-32 An ordinance authorizing execution of Amendment No. 1 to the Intergovernmental Agreement between the City of Medford, Talent, Central Point, Ashland, Phoenix, and Jackson County for the joint management of Bear Creek Greenway.
 
Motion: Approve the ordinance.
Moved by: Clay Bearnson                                                   Seconded by: Kevin Stine
 
Parks & Recreation Director Rich Rosenthal provided a staff report noting the original agreement was signed in 2008. Each City and the County pay a share of the maintenance, based on the number of miles of the Greenway within their jurisdiction.
 
Councilmember Bearnson asked about the "sweep" of the homeless along the Bear Creek Greenway and whether it was conducted in conjunction with the County and other cities along the path. Steve Lambert, Jackson County Parks, noted this agreement is directed toward maintenance and that "sweeps" are not included within this agreement. However, the county does conduct "sweeps" as well, but agreed that future sweeps could be coordinated with other government agencies.
 
Police Chief Randy Sparacino reported the next sweep will be coordinated with Jackson County.
 
Councilmember Wallan stated the staff recommendation offers three options, and asked who makes the determination; Mr. Lambert stated three options were considered and the committee agreed to use the Community Justice Pilot Program.
 
Mr. Rosenthal noted the annual dues are about $34,000, but this amendment will be cost neutral.
 
Roll call:        Councilmembers Bearnson, Brooks, D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Council Bill 2017-32 was duly adopted.

Out of sequence.

120.     Public Hearing - Moved from the 7:00 p.m. meeting

120.1   Consideration of an appeal of the Landmarks and Historic Preservation Commission approval of new signage for the building located at 14 North Central Avenue, within a C‑C/CB/H (Community Commercial/Central Business District/Historic Preservation Overlay) zoning district. (HC-17-002) Land Use, Appeal
 
Assistant Planning Director Kelly Akin outlined the approval criteria and the various agencies/regulations required. Ms. Akin spoke about the location; nothing the signage was approved, but the illumination of the signage was denied. The proposed "shadow" lighting was deemed not permissible and was considered internally illuminated.
 
Ms. Akin noted the 120-day period ends May 12 and explained her two proposed motions. Councilmember Gordon noted various issues with the information provided by the Planning Department. Councilmember Stine spoke regarding the information provided from the Landmarks & Historic Preservation Commission and noted there is a general policy not allowing back lighting within the historical district, however that policy is not explicitly written within the Code.
 
Ms. Akin clarified that the Code does prohibit internally-illuminated signs within the district; Councilmember Stine and Ms. Akin discussed staff's recommendation to the Landmarks and Historic Preservation Commission. Ms. Akin clarified that the Commission's finding was that the signage was internally illuminated. However, the actual signage is solid metal and only a shadow is illuminated.
 
Councilmember Jackle stated the sign guidelines are discretionary and the applicant is required to sign a statement that they are discretionary and the Council could decide to approve or deny the appeal.
 
Councilmember Bearnson clarified that "halo" lighting was not included in the Code as it was not around when it was written; He asked whether the decision should be upheld and then correct the code to fix this issue?
 
Mayor Wheeler asked if there were other examples of this signage in the historical district; Ms. Akin responded there are and identified their locations.
 
Councilmember Zarosinski noted the Commission considered this signage internally illuminated, but there was not much discussion about the definition of internal illumination.
 
Hearing opened.
 
Councilmember Wallan noted a conflict of interest as her husband is one of the appellants. Councilmember Jackle noted this law firm competes with his law firm, but it should not impact his decision.
 
Attorney Mark Bartholomew, Hornecker Cowling, et al., stated the signage is made of appropriate materials and doesn't detract from the historical aspects of the business; he outlined similar signs in the area and then the signage guidelines. He believed the signs were permissible pursuant to Article 6. Mr. Bartholomew stated the Landmarks and Historic Preservation Commission cannot solely apply commission regulations and ignore Article 6.
 
Attorney Jim Wallan, Hornecker Cowling, et al., provided a history of the location and the benefits of moving their law firm to the downtown area. He believed the Commission abused their discretion by allowing all the other signage, but not theirs.
 
Hearing closed.
 
Motion: Reverse the decision of the Landmarks and Historic Preservation Commission as the signage is not internally illuminated.
Moved by: Tim Jackle                                                          Seconded by: Dick Gordon
 
Councilmember Gordon noted that the Commission did err and quoted information from various pages of the information provided. He also stated the City should recognize the financial benefit of new businesses and make it easier for them to move downtown. Councilmember Gordon clarified this signage would only be illuminated during evening hours and should not impact tourism; it provides a soft halo effect; that personal opinions were used in this decision; and that this sign does not impact historical compatibility.
 
Ms. Akin clarified that the Commission found the signage to be internally illuminated; but staff found it to not be internally illuminated.
 
Councilmember Jackle stated there are some issues with this section of the code, which was probably written before LED lighting was used for signage. Councilmember Bearnson preferred a remand, but he questioned the hearings process.
 
Roll call:         Councilmembers Brooks, D'Alessandro, Gordon, Jackle, and Zarosinski voting yes; Councilmembers Bearnson and Stine voting no; Councilmember Wallan abstaining.
Motion carried and so ordered.
 
Back in sequence.

 

70.     Council Business
Councilmember Zarosinski noted th
e time and recommende
d not proceeding with all the reports at this time.
 

80.     City Manager and other staff reports
80.1     Rogue Disposal & Recycling update by Laura Leebrick
Gary Penning, Rogue Disposal and Recycling Manager, provided an update on last year's fee increase. Rogue Disposal visited commercial customers regarding co‑mingle containers and educational material to prevent contamination in the recycling stream was sent to customers.
 
            Councilmember Bearnson questioned whether exchanging co-mingle dumpsters for cardboard only dumpsters caused co-mingle to go into the garbage.
 
            Councilmember Gordon thanked Rogue Disposal for their work on recycling in the community and Deputy City Recorder Winnie Shepard for serving on the Jackson County Recycling Partnership and as a Master Recycler.

80.2    
549C Strategic Plan by Brian Sjothun
            City Manager Brian Sjothun noted this information was at the dais and it could be discussed during the evening meeting.

80.3    
Pavement Management Plan by Cory Crebbin
             This item moved to the evening meeting.

80.4     Further reports from City Manager
 
90.     Propositions and remarks from the Mayor and Councilmembers

90.1     Proclamations issued:

            Arbor Month - April 2017

            Fair Housing Month - April 2017
            Water Conservation Month - April 2017

90.2    
Further Council committee reports
  1. Councilmember D'Alessandro noted the RVMPO approved resolutions for the RTP for 2017-2042; Transportation Improvement Plan for 2018-2021 and the adopting of air quality conformity.
 
  1. Councilmember Wallan reported the Cemetery Commission has requested an assessment of the cemetery's asphalt; it will be discussed during the next meeting.

 
  1. Councilmember Wallan stated she and Councilmember Gordon attended the Hospital Facilities Board's annual meeting. The Rogue Valley Manor is 99.5% filled and is opening a memory care facility. The Board is not asking for bonding authority at this time.

 
  1. Councilmember Gordon stated the Housing and Community Development Commission has been working CDBG funding this year and they will not know how much money will be available until the end of April; some of the projects Council approved for funding have not occurred, but the Commission will make a recommendation to Council after a comment period for citizens.

 
  1. Councilmember Brooks noted Tree Committee's Arbor Day Event at the Coyote Trails School.
 
  1. Councilmember Brooks noted there will be a livability solutions forum on Thursday from 8:30 to noon at the Inn at the Commons to discuss housing in the valley.
 
  1. Further remarks from Mayor and Councilmembers
  1. Mayor Wheeler attended a meeting for the Southern Oregon area for employer support of the Guard and Reserve which is here to support the employment of all the armed services.
 
  1. Mayor Wheeler will attend the Oregon Fire Instructors Conference meeting; it is a state association with a conference here tomorrow morning.
 
  1. Mayor Wheeler noted the Pear Blossom will be held this weekend.
100.     Adjourn to the evening meeting
     City Council adjourned to the evening meeting at 1:53 p.m.

 

EVENING SESSION

7:00 P.M.

 
 
The regular evening session of the Medford City Council was called to order at 7:00 pm. in Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Councilmembers Clay Bearnson, Tim D'Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski
 
Mayor Gary Wheeler was absent. Council President Michael Zarosinski presided.
 
City Manager Brian Sjothun; City Attorney Lori Cooper; Executive Office Manager Donna Holtz Councilmember Kay Brooks was absent.

 

110.     Oral requests and communications from the audience
  None.

120.    Public hearings

120.1     Consideration of an appeal of the Landmarks and Historic Preservation Commission approval of new signage for the building located at 14 North Central Avenue, within a C-C/CB/H (Community Commercial/Central Business District/Historic Preservation Overlay) zoning district. (HC-17-002) Land Use, Appeal - MOVED TO THE NOON MEETING
 
120.2     COUNCIL BILL 2017-33 A resolution authorizing the Transportation Facility Project to install sidewalks on portions of Plum Street, Stewart Avenue, Tennessee Drive, and Chico Street. (TF-16-149) Land Use, Quasi-Judicial
 
Principal Planner Carla Paladino presented a staff report, noting two new items have been placed on dais; the CDBG funds will be used for this project. Concerns from property owners at the corner of Stewart and Plum, Mr. Knight; 1041 and 1042 Winchester; 1040 Murray Avenue, Mr. Adams; 1029 Dakota, Ms. Connelly; 2545 Tennessee, Mr. Roos; and 2645 Tennessee, Ms. Norris.
 
Councilmember Jackle asked how these areas were selected; Ms. Paladino stated that areas were chosen to meet CDBG requirements, to fix "scattered" sidewalk connections and install sidewalks near schools and parks. Councilmember Jackle did not oppose these areas, but he thought Council would have had input in the selection process.
 
Some sidewalks were tight against the curb without a planter strip (curb tight) and some were not because of variations in the right-of-ways.
 
Public hearing opened.
 
Marc Haefling, 1041 Mt. Pitt, stated the sidewalk would impact his property on the Plum Street side. He has dogs and is concerned for the safety of his dogs and any children taunting his dogs and he has a privacy hedge that may die.
 
Councilmember D'Alessandro asked about the location of his privacy hedge; Mr. Haefling and the Public Works Director Cory Crebbin showed the location of his hedge on the map.
 
Councilmember Wallan asked if Mr. Haefling would still oppose the sidewalk if it was curb tight and no planter strip; Mr. Haefling stated he not be opposed to curb tight.
 
Carrol Page, 1042 Winchester Avenue, spoke in opposition to the sidewalk in front of her house, because of the removal of three of her trees and the possibility of additional pedestrians.
 
Mr. Crebbin stated the project included ADA ramps and included the planter strip to avoid the driveway sloping, but could go to curb tight if Council preferred. He explained that the City Arborist is always consulted in these projects and that easements are usually filed.

 
Councilmember Wallan asked whether the City would be liable for killing vegetation; City Attorney Lori Cooper stated that if the vegetation was totally within the right-of-way, the City would have no liability, but if the vegetation was outside the right-of-way but was affected by the City's improvements within the right-of-way, the City could potentially have liability. 

Councilmember Gordon questioned citizen concerns regarding the planter strips; Ms. Paladino repeated the citizen concerns received.
 
Public hearing closed.
 
Motion: Approve the resolution with the exception that all sidewalks be constructed curb tight.
Moved by: Kim Wallan                                                         Seconded by: Dick Gordon
 
Councilmember Stine stated that owners should be consulted regarding whether the sidewalks were curb tight. Councilmember D'Alessandro noted he is opposed to planter strips, but wasn't sure whether eliminating all of them was the solution. Councilmember Gordon spoke regarding the citizen objections; Councilmember Bearnson noted he would be abstaining. Councilmember Zarosinski stated the motion is fairly clear and easy to follow, but was concerned about making all sidewalks curb tight.
 
Amended motion: Approve the resolution with curb tight, unless in working with ADA, existing vegetation, or existing sidewalks that the property owner would like the exception to have the park row.
 
Moved by: Kim Wallan                                                         Seconded by: Dick Gordon
Roll call on amendment: Councilmembers D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Councilmember Bearnson abstaining.
 
Roll call on amended main motion: Councilmembers D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Councilmember Bearnson abstaining.


120.3     COUNCIL BILL 2017-34 An ordinance approving a minor amendment to the Transportation System Plan (TSP) of the Medford Comprehensive Plan by updating the project description of the proposed expansion of Foothill Road. (CP-17-010) Land Use, Legislative
 
Ms. Paladino gave staff report noting this would amend the transportation system plan to separate the Foothills project into three sections and revise the project description.
 
Councilmember Gordon questioned whether the section between McAndrews and Cedar Links would be 5 lanes as it appears to be less than 5 lanes; he also asked about the section from McAndrews to Delta Waters which appears to be three lanes. Ms. Paladino explained the RTP project list shows the discrepancy in the number of lanes and Planning has asked for the RTP be revised so that portion will not be approved tonight. Planning Director Matt Brinkley clarified that since this upgrade was originally planned, Foothills Road has been revised to be a major arterial street, but the RTP needs to be updated. Planning is working to have it revised.
 
Mr. Crebbin stated Foothills will be four lanes and exceptions will be approved after a public hearing. Councilmember Gordon and Mr. Crebbin discussed the number of lanes in various portions of Foothills Road, including the portion near the power substation.
 
Councilmember Jackle asked if the plan provides for limited access at the intersection of Lone Pine and Foothills; Mr. Crebbin stated that the intersection is currently in county jurisdiction.
 
Motion: Approve the ordinance.
Moved by: Clay Bearnson                                                   Seconded by: Tim D'Alessandro
Amended motion: Add language that any deviation from five lanes, or any changes to that intersection, will come back to the Council.
Moved by: Tim Jackle
                                                                                            Seconded by: Dick Gordon
Roll call on amendment: Councilmembers Bearnson, D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
 
Roll call on amended main motion: Councilmembers Bearnson, D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.

130.   Ordinances and resolutions
         None.

140.   Council business

140.1   Councilmember Stine noted there is an Oregon statute from 2007 regarding excess shopping carts that ar
e left in public areas; many cities have also banned shopping carts in public areas.

 
Motion: Direct staff to bring to a study session a proposal to look at Chapter 98.515 of the Oregon Statutes and Chapter 98 of Salem's Public Nuisance Code to address shopping cart issues.
Moved by: Kevin Stine                                                         Seconded by: Dick Gordon
Roll call: Councilmembers Bearnson, D'Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.

140.2     Councilmember    Zarosinski    noted    that    Council    Officers    discussed                             accumulation of junk/garbage in public areas.
 
Councilmember Jackle preferred providing incentives to those providing services for the homeless to move from Alba Park to another location; Council discussed the homeless issues and possible solutions for services and assistance.
 
City Manager Brian Sjothun clarified that Council would like the City to look to coordinate the distribution of services, work to create a summit for multiple agencies to work together on the issue, and provide direction to the Homeless Taskforce.

 

150.  Further reports from the City Manager and staff

Out of sequence.
 
80.3  Pavement Management Plan by Cory Crebbin
Mr. Crebbin spoke regarding pavement maintenance on various types of streets in Medford. He noted the importance of paying to maintain the roads to save the expense of complete repaving.
 
Councilmember D'Alessandro asked whether the cold weather this year would impact the pavement. Mr. Crebbin responded that we will not know the full impact of the past winter until the next analysis.
 
Councilmember Wallan questioned if this will complete the ADA upgrades to be in compliance; Mr. Crebbin stated the ADA ramp standards are constantly changing.
 

160.    Propositions and remarks from the Mayor and Councilmembers

170.     Adjournment

There being no further business, this Council meeting adjourned at 8:45 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.
 
 
 
Winnie Shepard
Deputy City Recorder

 

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