Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, August 02, 2018

AGENDA
August 2, 2018

6:00 p.m.
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon
 
 
10.    Roll Call
 
20.    Recognitions, Community Group Reports
         20.1     Employee of the Quarter
 
30.    Oral Requests and Communications from the Audience
         Comments will be limited to 4 minutes per individual, group or organization.  PLEASE SIGN IN.
 
40.    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.
 
40.1     Consideration of an appeal of an administrative decision regarding the defective sidewalk at 3640 Fieldbrook Avenue.
 
         40.2     COUNCIL BILL 2018-98 A resolution granting the property owner of 1291 La Loma Drive a one-year extension to complete defective sidewalk repairs.
 
50.    Approval or Correction of the Minutes of the July 19, 2018 Regular Meeting
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-91 A resolution affirming the Public Works Director’s administrative decision requiring the repair of a defective sidewalk located at 1405 Oleander Street and 1701 Covina Avenue.
 
         60.2     COUNCIL BILL 2018-92 A resolution reversing the Parks and Recreation Director’s Street Tree Permit decision denying the removal of a tree located in the public right-of-way located at 1309 Alex Way.
 
         60.3     COUNCIL BILL 2018-93 A resolution affirming the Public Works Director’s administrative decision regarding the repair of a defective sidewalk located at 714 Palm Street.
 
         60.4     COUNCIL BILL 2018-94 A resolution denying the appeal and affirming the Planning Commission’s approval of a Conditional Use Permit to allow for a firewood ministry accessory use of Westminster Presbyterian Church located at 2000 Oakwood Drive within a SFR-4 zoning district.
 
         60.5     COUNCIL BILL 2018-95 An ordinance authorizing the purchase of a Ram Jet truck in the amount of $284,821.67 from Owen Equipment Company through Sourcewell for high pressure sewer cleaning of sewer mainlines.
 
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-96 An ordinance authorizing an exception to the Medford Municipal Code to allow the use of goats for vegetation control at the Bear Creek Golf Course located at 2355 S. Pacific Highway.
 
         80.2     COUNCIL BILL 2018-97 An ordinance adding section 3.739 of the Medford Municipal Code to allow for deferred payment of street, sewer, storm drain, and park system development charges to be effective August 16, 2018.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   Alternate appointment for RVACT and RVMPO
 
         100.2   Street Sweep Program
 
         100.3   City Sponsored Events
 
         100.4   Further reports from City Manager
 
110.  Adjournment


MINUTES
August 2, 2018

6:00 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 6:00 p.m. 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/arrived as noted.
 
20.    Recognitions, Community Group Reports
         20.1     Employee of the Quarter
                     Principal Planner Carla Paladino was selected as Employee of the Quarter.
 
30.    Oral Requests and Communications from the Audience
         30.1     Colleen Padilla, SOREDI, presented the quarterly report.
 
         30.2     Jason Bull of the Medford Gospel Mission spoke about the positive aspects of what they do for the homeless.
 
         30.3     David Alexander, Bear Creek Golf, spoke in favor of the goat proposal listed as 80.1.
 
         30.4     Brad Bennington, Homebuilders Association of Southern Oregon, spoke in favor of the SDC program listed as 80.2.
 
         30.5     Robert Shand, spoke about trash in the downtown area.
 
         30.6     Yvonne Cox, Medford Plaza Tenants Association, spoke about the issues that are at her apartment complex. Mayor Wheeler requested a hand written copy of those issues.
 
40.    Public Hearings
40.1     Consideration of an appeal of an administrative decision regarding the defective sidewalk at 3640 Fieldbrook Avenue.
 
            Public Works Director Cory Crebbin presented the staff report.
 
*Councilmember Brooks left.
 
Public hearing opened.
 
No one spoke.
 
Public hearing closed.
 
Motion:  Deny the appeal.
Moved by:  Clay Bearnson                                               Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
         40.2     COUNCIL BILL 2018-98 A resolution granting the property owner of 1291 La Loma Drive a one-year extension to complete defective sidewalk repairs.
 
                     Public Works Director Cory Crebbin presented the staff report.
 
Public hearing opened.
 
Lori Hefner, 1291 La Loma Drive, stated she has no money, therefore, would like to extend the time to repair the sidewalk.
 
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Michael Zarosinski                                         Seconded by: Tim D’Alessandro
 
Councilmember Zarosinski stated this topic came up at the Council Officers meeting. The City will soon have a contractor to repair sidewalks, which will include an administrative fee to the homeowner. Other ways to help people, such as a homeowner repair program, was mentioned at the meeting. Councilmember Bearnson questioned if the motion includes offering her assistance; Councilmember Zarosinski stated it is not something we have available at this time.
 
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Resolution #2018-98 was duly adopted.
 
50.    Approval or Correction of the Minutes of the July 19, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
60.    Consent Calendar
         60.3     COUNCIL BILL 2018-93 A resolution affirming the Public Works Director’s administrative decision regarding the repair of a defective sidewalk located at 714 Palm Street.
 
         60.5     COUNCIL BILL 2018-95 An ordinance authorizing the purchase of a Ram Jet truck in the amount of $284,821.67 from Owen Equipment Company through Sourcewell for high pressure sewer cleaning of sewer mainlines.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                    Seconded by:  Dick Gordon
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Stine, and Zarosinski voting yes; Jackle and Wallan abstained.
Ordinance #2018-93 and 2018-95 were duly adopted.
 
70.    Items Removed from Consent Calendar
         Councilmember Wallan pulled 60.1; Councilmember Bearnson pulled 60.2 and 60.4.
 
         60.1     COUNCIL BILL 2018-91 A resolution affirming the Public Works Director’s administrative decision requiring the repair of a defective sidewalk located at 1405 Oleander Street and 1701 Covina Avenue.
 
Motion:  Adopt the resolution
Moved by:  Tim D’Alessandro                                          Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, and Stine voting yes; Wallan voting no; Jackle and Zarosinski abstained.
Motion carried and so ordered.
 
*Councilmember Brooks arrived.
 
         60.2     COUNCIL BILL 2018-92 A resolution reversing the Parks and Recreation Director’s Street Tree Permit decision denying the removal of a tree located in the public right-of-way located at 1309 Alex Way.
 
Motion:  Adopt the resolution
Moved by:  Dick Gordon                                                  Seconded by:  Kim Wallan
Roll call:  Councilmembers D’Alessandro, Gordon, Stine, Wallan voting yes; Bearnson and Brooks voting no; Jackle and Zarosinski abstained.
Motion carried and so ordered.
 
         60.4     COUNCIL BILL 2018-94 A resolution denying the appeal and affirming the Planning Commission’s approval of a Conditional Use Permit to allow for a firewood ministry accessory use of Westminster Presbyterian Church located at 2000 Oakwood Drive within a SFR-4 zoning district.
 
Motion:  Adopt the ordinance
Moved by:  Tim D’Alessandro                                          Seconded by:  Dick Gordon
Roll call:  Councilmembers Brooks, D’Alessandro, Gordon, Stine voting yes; Bearnson voting no; Jackle, Wallan, and Zarosinski abstained.
Motion carried and so ordered.
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-96 An ordinance authorizing an exception to the Medford Municipal Code to allow the use of goats for vegetation control at the Bear Creek Golf Course located at 2355 S. Pacific Highway.
 
                     Deputy City Attorney Eric Mitton presented the staff report. Councilmember Zarosinski questioned why this has been brought forward as an ordinance; Mr. Mitton noted it is not a conditional use permit. Councilmember Gordon questioned the amount of goats as the applicant is requesting two goats and the ordinance states 32, he also questioned if a sunset could be added. Mr. Mitton thought it was for 32 goats and agreed with the sunset.
 
Motion:  Approve the ordinance but change the amount of goats from 32 to two and the exception to sunset two years from date of approval.
Moved by:  Dick Gordon                                                  Seconded by:  Tim D’Alessandro
 
Councilmember Gordon commented that he added two goats to his motion based on the letter received today. Dave Alexander stated it is for two goats only. Councilmember D’Alessandro questioned if it could be a one year review.
 
Amended Motion:  Amend the motion to a one year sunset.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kevin Stine
 
It was questioned if this would come back to Council; Councilmember Zarosinski thought we would want to review this again because it is not a CUP where others can speak on this issue. Councilmember Jackle stated he could not vote yes on this as he thinks it is a land use issue.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, and Zarosinski voting yes; Jackle and Wallan voting no.
Motion carried and so ordered.
 
Main Motion Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, Wallan, and Zarosinski voting yes; Jackle voting no.
Ordinance #2018-96 was duly adopted.
 
         80.2     COUNCIL BILL 2018-97 An ordinance adding section 3.739 of the Medford Municipal Code to allow for deferred payment of street, sewer, storm drain, and park system development charges to be effective August 16, 2018.
 
                     Councilmember Zarosinski questioned the timing of this and how rentals would be charged. Planning Director Brinkley presented the staff report. Councilmember Stine questioned what happens when SDC fees increase; Mr. Brinkley noted the SDCs would be based on the day the permit was pulled. Processing fees or administrative costs would be approved by Council at a later date by motion somewhere in the range of $100/150. Council discussed the possibility of adopting a resolution establishing the fee structure tonight.
 
Motion:  Approve the ordinance with an effective date of August 17, 2018.
Moved by:  Kay Brooks                                                    Seconded by:  Tim D’Alessandro
 
Councilmember Brooks stated her motion did not include the fee structure as there is currently not enough information. Councilmember Zarosinski stated he had heard good comments about the deferred payment from a developer.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-97 was duly adopted.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     Committee Reports and Communications
                     a.   Councilmember Zarosinski questioned Council’s thoughts on extension of time for sidewalk appeals, such as a 90 day extension or longer. Councilmember Gordon questioned if it needed to be by appeal; Councilmember Zarosinski said we would have to change the criteria. City Attorney Cooper stated Public Works Director Crebbin could give a 180 day extension, and they could apply for an appeal at that point although the code would have to be amended. City Manager Sjothun suggested the Transportation Commission could review the sidewalk appeals; Councilmember Jackle expressed concern with that. Councilmember Bearnson questioned if there is the ability to help pay for the repairs.
 
                     b.   The Public Art Acquisition Policy was last approved by the Arts Commission. Councilmember Zarosinski questioned if Council would like to approve this, which does include murals. Council stated they would like to approve the Policy.
 
c.   Councilmember Wallan presented Council’s decision from the last meeting to RVMPO pertaining to the formation of a subcommittee composed of selected members from the RVMPO and the RVMPO Technical Advisory Committee to develop funding options for RVTD. Alex Georgevitch was added to the committee.
 
                     d.   Councilmember Wallan spoke about the smoke impacts to the tourism industry, 51.1 million dollars across the state has been lost due to smoke in Oregon.
 
                     e.   Councilmember Wallan participated in interviews for the school board position and Todd Hunt was appointed to the position.
 
                     f.    Councilmember D’Alessandro noted the MWC is doing a corrosion study which is being recognized nationally.
 
                     g.   Councilmember Gordon stated a not for profit organization is looking at buying a memory care facility in Medford and has inquired about using a bond. The organization was referred to the Hospital Facilities Authority Board.
 
                     h.   Councilmember Stine attended a forum with Aspens on the Creek where fire concerns were discussed. It appears next week we will be able to alleviate some of the problems pertaining to brush and homeless issues.
 
  1. Councilmember Stine questioned when the topic of SDC deferrals for ADUs would be discussed; Mr. Sjothun noted we have a tentative evening study session with the Planning Commission Monday, September 24.
 
100.  City Manager and Staff Reports
         100.1   Alternate appointment for RVACT and RVMPO
 
Motion:  Appoint Alex Georgevitch to the RVACT and RVMPO
Moved by:  Kevin Stine                                                    Seconded by:  Kim Wallan
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
         100.2   Street Sweep Program
Mr. Sjothun noted there is a letter at Council places pertaining to Rogue Retreat being in charge of a downtown cleanup crew. This is modeled after a number of programs throughout the state, and other non-profits may join in to expand the time and areas covered.

 
 
         100.3   City Sponsored Events
Mr. Sjothun stated there are budgeted events that no longer need city funding and there are events that do need in-kind funds.
 
Motion:  Direct staff to use in-kind funds previously allocated to Red, White & Boom, Jazz Jubilee and Chalk Art to Veteran’s Day Parade and Greystone Christmas Lights.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
     
         100.4   Further reports from City Manager
                     a.   Mr. Sjothun stated the City will be involved in Portland Pop up events mid to late October. The City has partnerships already established that want to be a part of this. A lot of developers are looking for areas to develop. With the approval of the SDC deferral program it will help bring developers in for projects.
 
                     b.   Councilmember Gordon questioned if the temporary use of goats could be delegated to the City Manager so it does not get delayed. Councilmember Stine noted Aspens on the Creek would like the use of goats in their area as well. Mr. Sjothun stated he could bring this back to Council.
 
                     c.   Councilmember Gordon stated a large property management company’s newsletter stated vacancy rates are at 4.58%. He noted building stops when vacancy rate gets high and talked about reasonable returns for the property owner.
 
                     d.   Mayor Wheeler thanked Crystal Palmerton for assisting with a street dance permit and complimented us for what the City does.
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 7:45 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.
 
 
 
 
Karen M. Spoonts, MMC
City Recorder
 

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