Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, January 03, 2019

MINUTES
January 3, 2019

6:00 p.m.
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon

Swearing In of New Councilmembers
Councilmembers Alex Poythress – Ward 1; Clay Bearnson – Ward 2; Kevin Stine – Ward 3 and Michael Zarosinski – Ward 4 were sworn into office.
 
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, Alex Poythress, Kevin Stine, Kim Wallan, Michael Zarosinski
 
City Manager Brian Sjothun; Deputy City Manager Eric Zimmerman; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
20.    Recognitions, Community Group Reports
         20.1     Bob Strosser, Jackson County Commissioner, reported that a public hearing was held pertaining to the fire issues. Councilmember Stine questioned when the jail levy will be held. Mr. Strosser remarked on the future of a new jail, future location, what the present jail could be used for, additional judges, and a service district for funding of the jail, including what he hopes, the potential of mental health and rehab facilities. Councilmember Brooks questioned the limited number of stair wells causing a delay in getting people on or off airplanes at the airport. Mr. Strosser stated he will pass this on to the airport manager who can contact her.
 
30.    Oral Requests and Communications from the Audience
         30.1     Buzz Thielemann requested Council consider an ordinance regarding the ban of plastic bags. He would like paper bags or something that is renewable. Councilmember Gordon questioned the size/type of bags he would like to ban; Mr. Thielemann noted this is the 4ml bag like what you would get at a retail store. Councilmember Brooks questioned how the bags affect Bear Creek. Mr. Thielemann noted even when the bags break up, the fish eat the plastic pieces.
 
         30.2     Brad Bennington, Homebuilder’s Association, noted there is not enough skilled labor in the construction industry. He provided a flyer called Building the Future, Tiny Home Build-A-Thon event which will be held during the 2019 Home Show.
 
40.    Public Hearings
 
50.    Approval or Correction of the Minutes of the December 20, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
80.1 COUNCIL BILL 2019-01  An ordinance granting a 15-foot by 15-foot easement to Avista for the installation of a new natural gas system regulator in Bear Creek Park west of 516 N. Willamette Avenue.
 
Motion:  Approve the ordinance.
Moved by:  Kim Wallan                                                       Seconded by:  Dick Gordon
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2019-01 was duly adopted.
 
80.2 COUNCIL BILL 2019-02 An ordinance awarding a contract in an amount of $925,000.00 to Central Pipeline, Inc. for Americans with Disabilities (ADA) ramp repairs and replacements.
 
Motion:  Approve the ordinance.
Moved by:  Kim Wallan                                                       Seconded by: Tim D’Alessandro
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2019-02 was duly adopted.
 
90.    Council Business
         90.1     Proclamations issued:
                        SOREDI
 
         90.2     Presentation of Plaques
Plaques were presented to outgoing Councilmember Kim Wallan for serving on Council as well as Chair on the Urban Renewal Agency Board.  Councilmember Wallan thanked her family, who was in attendance, for seeing her off.
 
         90.3     Election of Council Officers
                     a.   Councilmember Zarosinski requested Council consider which liaison appointments they would like to serve on. We will be short a councilmember until February 7 but these appointments still need to be covered. The positions can be filled and changed after the new councilor is elected.
 
                     b.   Councilmember Zarosinski requested Council’s thoughts on those who have applied for the Ward 4 Citizen Committee and the potential of a level of bias, such as supporting or working on political campaigns. Councilmember Gordon would like to interview and vote accordingly. Councilmember Zarosinski stated we can leave it up to our own conscience.
 
                     c.   Councilmember Zarosinski stated that pertaining to the Ward 4 interview process, - we would like to have an endorsement from the Citizen Committee. The interviews will be 30 minutes long, which does not allow much time for questions. He questioned if Council was comfortable with the questions provided by staff. Council will interview with their own questions. Councilmember Stine questioned if we could come up with questions, such as MURA, or budget. Deputy City Manager Eric Zimmerman noted there have been discussion about the types of questions.
 
Motion:  Direct staff to develop Citizen Committee questions in the endorsement spirit.
Moved by:  Mike Zarosinski                                               Seconded by:  Kevin Stine
 
Mayor Wheeler would like information on the candidate’s background, such as service or projects.
 
Roll call:  Bearnson, Brooks, D’Alessandro, Poythress, Stine, Wallan, and Zarosinski voting yes; Gordon voting no.
Motion carried and so ordered.
 
Discussed how Council will handle their interview process. Mayor Wheeler noted we need to be prepared with our questions and not go over our time. He would like some level of the same questions.
 
Motion:  Council President: Tim D’Alessandro was nominated by Michael Zarosinski and Kevin Stine was nominated by himself.
Roll call: Bearnson, Brooks, Gordon and Stine voting for Stine; D’Alessandro, Poythress, Wallan and Zarosinski voting for D’Alessandro; Wheeler broke the tie by voting for D’Alessandro. D’Alessandro received five votes; Stine received four votes.
D’Alessandro was elected as Council President.
 
Motion:  Council Vice President: Clay Bearnson was nominated by Michael Zarosinski, Kevin Stine was nominated by himself, and Alex Poythress was nominated by Kim Wallan.
Roll call: Bearnson, Brooks, D’Alessandro, and Zarosinski voting for Bearnson; Gordon, Poythress, Stine voting for Stine, Wallan voting for Poythress. Bearnson received four votes; Stine received three votes; Poythress received one vote.
 
Councilmember Stine thought we should vote again, as when we vote for Boards/Commissions, we state they must have five votes.
 
Re-ballot Roll call: Bearnson, Brooks, D’Alessandro, Wallan and Zarosinski voting for Bearnson; Gordon, Poythress, Stine voting for Stine. Bearnson received five votes; Stine received three votes.
Bearnson was elected Council Vice President.
 
         90.4     Boards and Commissions Appointments
                     Councilmember Zarosinski led Council through the appointment process.
 
Motion:  Ballot of votes for majority or plurality.
Moved by:  Kay Brooks
Motion failed for lack of a second.
 
Bicycle & Pedestrian Committee: Two full term vacancies with terms ending January 31, 2022 and two partials with terms ending January 31, 2021.
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for Joseph Smith. Bearnson, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler and Zarosinski voting for Suzanne Schroeder; Brooks voting for Jake Sawyer.
Result: Joseph Smith and Suzanne Schroeder were reappointed to the Bicycle & Pedestrian Commission, with terms beginning February 1, 2019 and ending January 31, 2022.
 
Motion:  Appoint Erika Balbier and Jake Sawyer to the partial terms on the Bicycle & Pedestrian Commission, with terms beginning immediately and ending January 31, 2021.
Moved by:  Michael Zarosinski                                           Seconded by:  Kay Brooks
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.

 
 
City Budget Committee: Two full-term vacancies with terms ending January 31, 2023 and one partial term ending January 31, 2021.
Roll call:  D’Alessandro, Gordon, Poythress, Wallan, Wheeler, and Zarosinski voting for Rick Whitlock; Bearnson, Brooks, Gordon, Stine, and Wheeler voting for Ed Felan; D’Alessandro, Poythress, Wallan, and Zarosinski voting for Bill Boehning; Bearnson, Brooks, and Stine voting for Amy Thuren.
Result: Rick Whitlock and Ed Felan were reappointed to the full-term vacancy with terms beginning February 1, 2019 and ending January 31, 2023.
 
Roll call:  D’Alessandro, Gordon, Poythress, Wallan, Wheeler, and Zarosinski voting for Bill Boehning; Bearnson, Brooks and Stine voting for Amy Thuren.
Result: Bill Boehning was appointed to the City Budget Committee for a partial term, beginning immediately and ending January 31, 2021.
 
Housing Advisory: Construction and development community positions with one full term ending January 31, 2022 and one partial term ending January 31, 2021.
Roll call:  D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for Randy Jones; Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Wallan, and Zarosinski voting for Paul Tanner; Bearnson, Brooks, and Stine voting for Amy Gunter; Wheeler voting for Jeffrey Bender.
Second Roll call: D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler and Zarosinski voting for Randy Jones; Bearnson and Brooks voting for Paul Tanner.
Result: Randy Jones was appointed to the Housing Advisory construction and development position with a full term beginning February 1, 2019 and ending January 31, 2022.
 
Motion:  Appoint Paul Tanner to the Housing Advisory construction and development community position with a partial term beginning February 1, 2019 and ending January 31, 2021.
Moved by:  Michael Zarosinski                                           Seconded by:  Dick Gordon
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Appoint Steve Erb to the Housing Advisory local lending institution position with a partial term beginning February 1, 2019 and ending January 31, 2021.
Moved by:  Michael Zarosinski                                           Seconded by:  Alex Poythress
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
Housing Advisory: One realtor/multifamily housing position with a full term ending January 31, 2022 and one partial term expiring January 31, 2021.
Roll call:  Brooks, D’Alessandro, Gordon, Stine, Wheeler, and Zarosinski voting for Jason Elzy; Bearnson, Poythress and Wallan voting for Adam Rutledge.
Result: Jason Elzy was appointed to the Housing Advisory realtor/multifamily housing position with a full term beginning February 1, 2019 and ending January 31, 2022.
 
Motion:  Appoint Adam Rutledge to the Housing Advisory realtor/multifamily housing position with a partial term beginning February 1, 2019 and ending January 31, 2021.
Moved by:  Michael Zarosinski                                           Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
Housing Advisory: Two affordable housing developer positions with partial terms ending January 31, 2020 and January 31, 2021.
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for Denise James.
Result: Denise James was appointed to the Housing Advisory affordable housing developer position with a partial term beginning February 1, 2019 and ending January 31, 2021.
 
Motion:  Appoint Randell Embertson to the Housing Advisory affordable housing developer position with a partial term beginning February 1, 2019 and ending January 31, 2020.
Moved by:  Michael Zarosinski                                           Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
Housing Advisory: One tenant organization position with a partial term ending January 31, 2020.
Roll call:  Bearnson, D’Alessandro, Gordon, Poythress, Stine, Wallan, and Wheeler voting for Debra Lee; Brooks and Zarosinski voting for Jesse Sharpe.
Result: Debra Lee was appointed to the Housing Advisory tenant organization with a partial term expiring January 31, 2020.
 
Housing Advisory: One at-large position with a full term position ending January 31, 2022.
Roll call:  D’Alessandro, Gordon, Poythress, Wallan, Wheeler, and Zarosinski voting for Jeffrey Bender; Bearnson and Stine voting for Amy Gunter; Brooks voting for Jesse Sharp.
Result: Jeffrey Bender was appointed to the Housing Advisory at-large position with a full term beginning February 1, 2019 and ending January 31, 2022.
 
Planning Commission: Three full term positions with terms ending January 31, 2023 and one partial term ending January 31, 2020.
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for William Mansfield; Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for Mark McKechnie; D’Alessandro, Gordon, Poythress, Wallan, Wheeler, and Zarosinski voting for Jared Pulver; Bearnson, Brooks and Stine voting for Jeff Thomas.
Results: William Mansfield, Mark McKechnie, and Jared Pulver were reappointed to the Planning Commission, with full terms beginning February 1, 2019 and ending January 31, 2023.
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for Jeff Thomas.
Result: Jeff Thomas was appointed to the Planning Commission with a partial term beginning immediately and ending January 31, 2020.
 
Transportation Commission:  Two full time positions with terms ending January 31, 2022, one partial term ending January 31, 2020, and one partial term ending January 31, 2021.
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for Dennie Conrad; Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting for Al Densmore; Bearnson, D’Alessandro, Gordon, Stine, Wallan, Wheeler, and Zarosinski voting for Jaime Jordan; Bearnson, Brooks, D’Alessandro, Stine, Wallan, Wheeler, and Zarosinski voting for Kim Parducci; Brooks and Poythress voting for Dan Ruby; Gordon and Poythress voting for Jim Herndon.
Result: Dennie Conrad and Al Densmore were appointed to the Transportation Commission with a full term beginning February 1, 2019 and ending January 31, 2022.
 
Motion:  Appoint Jaime Jordan to the Transportation Commission with a partial term beginning February 1, 2019 and ending January 31, 2020.
Moved by:  Michael Zarosinski                                           Seconded by:  Dick Gordon
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Appoint Kim Parducci to the Transportation Commission with a partial term beginning February 1, 2019 and ending January 31, 2021.
Moved by:  Michael Zarosinski                                           Seconded by:  Clay Bearnson
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Appoint Jaime Stephens and reappoint Marie Cabler and Julian Cordle to the Parks & Recreation Commission with terms beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Kevin Stine                                                      Seconded by:  Dick Gordon
 
Discussed was Julian Cordle’s business address. City Manager Brian Sjothun met with Mr. Cordle as he had received an email from a resident who expressed concern with Mr. Cordle’s business. He does have a valid business license with the City of Medford although City Attorney Lori Cooper stated this business is not listed with the Secretary of State’s Office.
 
Revised Motion: Remove Julian Cordle from the motion.
Revised Motion Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
Motion:  Reappoint Julian Cordle to the Parks & Recreation Commission with term beginning February 1, 2019 and ending January 31, 2022.
Moved by:  Kevin Stine                                                      Seconded by:  Dick Gordon
 
Staff noted it is Council’s decision pertaining to Mr. Cordle’s requirements. Councilmember Wallan questioned his length of time he served; staff noted he has served five years. Councilmember Gordon stated Mr. Cordle is one of the most active members on the Commission and we could remove him if we find out he doesn’t have a business. Councilmember Wallan questioned if we have a procedure to eliminate someone from a committee, and if not, it needs to be looked at. Councilmember Brooks provided information on when an individual did move out of the area and resigned from a commission.
 
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, and Zarosinski voting yes; Wheeler voting no.
Motion carried and so ordered.
 
Motion:  Reappoint Jim Catt and Jeffrey Bender to the Site Plan & Architectural Commission with terms beginning February 1, 2019 and ending January 31, 2023.
Moved by:  Michael Zarosinski                                           Seconded by:  Tim D’Alessandro
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, Wheeler, and Zarosinski voting yes.
Motion carried and so ordered.
 
**********
 
Mayor Wheeler called a recess at 7:58 p.m.; the meeting resumed at 8:10 p.m. with the same members present.
 
**********
 
         90.5     Committee Reports and Communications
                     a.   Councilmember D’Alessandro reported on the Medford Water Commission where the Study Session topic was the Big Butte Springs.
              
100.  City Manager and Staff Reports
         100.1   Citizens Request from December 20, 2018
Ms. Cooper provided options for Council pertaining to weather emergency and temporary shelters for the homeless as suggested by Danielle Stanford on December 20, 2018. Options were 1) code amendment to make it easier for temporary shelters to open, 2) declare weather emergency, 3) allow churches and/or other properties to host car camping, and 4) allow car camping on other properties (not just religious institutions). Ms. Stanford had also requested additional items, such as food distribution.
 
Councilmember Gordon liked options 2 and 3. He stated option 2 is in place and is up to the Mayor to put forth a state of emergency on really cold nights. Option 3 is in ORS 203.082, which allows churches to be able to host car camping. Mayor Wheeler would need information on what is considered severe, and churches are allowed to host but it is up to them to follow up. Councilmember Gordon stated Bend uses a forecast temperature of 25 degrees and it can take 4-6 months to get a CUP. Councilmember Wallan questioned if the Mayor declares an emergency what happens. Councilmember Gordon stated churches could offer overnight parking places on their property. Ms. Wallan noted you don’t have to have an emergency, it’s a code. She further stated we had trouble when we didn’t have rules. Councilmember Gordon would like to survey churches on who would like to do this and if they are willing to meet the criteria.  Councilmember Brooks noted a good temperature to declare an emergency is whatever the temperature was last night as someone died last night. She noted we talked about this in the summer when we had smoke. She also liked option 4 but if there was support for option 3 she would make a motion.
 
Motion:  Allow churches and/or other religious institutions to host car camping year round per ORS 203.082. No more than three vehicle camping spaces are allowed at each institution, and sanitary facilities, including but not limited to toilet, hand washing, and trash disposal facilities must be provided.
Moved by:  Kay Brooks                                                      Seconded by:  Kevin Stine
 
Councilmember Brooks spoke about a woman who attended the town hall meeting regarding rent burdens. She was well dressed, homeless, with children, and lived in their car. The definition of “other” properties was questioned and if a code ordinance is needed. Councilmember Brooks stated the other properties would be those contracted or leased by religious institutions. Mr. Sjothun wanted to know how it would be enforced; would the organization be registered with the City. Councilmember Brooks noted the rest of our code is complaint driven but a registration process with the requirements would be enough. Mr. Sjothun noted if we could focus on option 3 we could move it along. Councilmember Zarosinski talked about issues with what has been done so far and why we didn’t go down that road with temperatures. He provided the history with Council on this process and stated this has been discussed nine times. The CUP process takes the concerns and mitigates them. If the motion could come back with sidebars he would be more comfortable with the motion. Councilmember D’Alessandro expressed concern with car camping throughout the year without sideboards. Councilmember Poythress noted Wal-Mart does allow a portion of their parking lot for car camping. He noted this has come up several times in the Planning Commission. Councilmember Brooks noted Wal-Mart no longer allows overnight camping.
 
Amended Motion: Direct staff to bring back a policy on option 3 to be administered by the City Manager, administered at the staff level, and provide a Council public hearing.
Moved by:  Mike Zarosinski                                               Seconded by:  Tim D’Alessandro
 
Councilmember Stine questioned when this would come back to Council; Mr. Sjothun noted this could be back to Council on the first meeting in February. Councilmember Bearnson noted if we could have an emergency declaration until we have a policy in place he could support the amended motion.
 
Amended Motion Roll call:  D’Alessandro, Poythress, Wallan, and Zarosinski voting yes; Bearnson, Brooks, Gordon, and Stine voting no. Wheeler broke the tie and voted yes.
Motion carried and so ordered
 
Main Motion Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
Mr. Sjothun questioned Councilmember Gordon’s option #2 suggestion. Mayor Wheeler would like a plan as there are no resources towards it and is unsure what declares an emergency, such as temperature, rain, or storm. Councilmember Gordon noted the City needs to open the door to organizations stating that we are going to do something different pertaining to declaring an emergency. Ms. Cooper noted she has templates from Bend. Councilmember Bearnson questioned if we could have the emergency declaration for the next meeting. Mr. Sjothun noted he has to mitigate the risk and noted his concerns, such as fire safety, egress/ingress. Mr. Sjothun will bring back option 2 to Council.  Mr. Zimmerman talked about an emergency declaration and CUP’s are not required with an emergency. Mayor Wheeler would like to meet with those in emergency management that can help with the emergency.
 
         100.2   Further reports from City Manager
                     a.   Mr. Sjothun questioned if there was interest in an ordinance pertaining to plastic bags.
 
Motion:  Direct staff to provide information on a plastic bag and straw ban.
Moved by:  Kay Brooks                                                      Seconded by:  Clay Bearnson
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Wheeler, and Zarosinski voting yes; Stine and Wallan voting no.
Motion carried and so ordered.
 
Councilmember Bearnson stated he would like to explore hemp as an alternate to plastic.
 
                     b.   There will be an Urban Renewal Meeting in two weeks after the Council meeting.
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 9:09 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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