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, Daniel Bunn, *Chris Corcoran, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine
City Manager Pro Tem Alison Chan; Deputy City Manager Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
Councilmember Michael Zarosinski was absent.
*Arrived and left as noted.
Employees from Police, Public Works, and Parks were recognized for their years of service. New employees from Parks, Planning, Public Works, and Fire Department were introduced. Promotions were recognized from Fire, and Parks and Recreation Department.
*Chris Corcoran arrived at 12:12 p.m.
Planning Director Jim Huber recognized Bianca Petrou, retired Assistant Planning Director.
Employee of the Quarter
Deputy Police Chief Brett Johnson introduced the Cultural Liaison for Medford Police Lilia Caballero as Employee of the Quarter.
20. Approval or Correction of the Minutes of the July 7, 2016 Regular Meeting
There being no additions or corrections, the minutes were approved as presented.
30. Oral Requests and Communications from the Audience
30.1 Scott Sinner, 4401 San Juan Drive, spoke about two years’ worth of home occupation street fees on his recent utility bill. Public Works Director Cory Crebbin clarified that, per ordinance, staff can go back two years to correct any error on a utility billing. Councilmember Gordon stated staff is reviewing the issue and Council was expected to address the fees. Mr. Crebbin noted the 17 Street surcharge was recently reduced, so Mr. Sinner’s fees went down for part of that time.
30.2 Jerry Smith, 1721 Tanglewood Lane, provided a DVD for the Council outlining some ADA concerns, specifically compliance for two houses at the end of dead end streets. He believed parking and lack of ramps interfered with the Federal Americans with Disabilities Act. He questioned how many Councilmembers received a copy of the U.S. Department of Transportation Federal Highway Administration letter stating that Medford is in violation of several federal laws pertaining to curb cuts in the city. Councilmember Bunn asked if Mr. Smith had submitted a Code Enforcement complaint; Mr. Smith stated he had and it was a few months ago.
40. Consent Calendar
50. Items Removed from Consent Calendar
60. Ordinances and Resolutions
60.1 COUNCIL BILL 2016-83 A resolution affirming the Planning Commission’s denial of a request for an Exception for the elimination of sidewalk, curb, gutter, and street paving improvements on 0.74 acres located south of the intersection of E. Main Street, Fair Oaks Drive and White Oak Drive.
Motion: Approve the resolution affirming the Planning Commission’s denial of a request for an Exception for the elimination of sidewalk, curb, gutter, and street paving improvements on 0.74 acres located south of the intersection of E. Main Street, Fair Oaks Drive and White Oak Drive.
Moved by: Kevin Stine Seconded by: Clay Bearnson
Roll call: Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews and Stine voting yes; Councilmember Corcoran voting no.
Resolution 2016-83 was duly adopted.
60.2 COUNCIL BILL 2016-84 An ordinance authorizing execution of an Amendment to the Disposition and Development Agreement (DDA) between the City of Medford and Sky Park, LLC.
At Councilmember Bearnson’s request, Deputy City Manager Bill Hoke provided a staff report noting several options were presented regarding Sky Park’s parking and the DDA was on hold while negotiating the contract. Councilmember Bunn questioned if we still need the construction window; Mr. Hoke noted that we do. City Attorney Lori Cooper added the applicant needed to apply for a building permit by April 15, 2017.
Motion: Adopt the ordinance authorizing execution of an Amendment to the Disposition and Development Agreement (DDA) between the City of Medford and Sky Park, LLC.
Moved by: Chris Corcoran Seconded by: Eli Matthews
Councilmember Gordon stated this project has been around for a number of years. He attended many Site Plan and Architectural Commission’s (SPAC) hearings; SPAC denied the project and wished to remand it back to the developers due to some issues, but there was not enough time for remand. Councilmember Gordon supported the project at the beginning, but now believes the City will run into problems with public parking, the loss of revenue for the parking fund, and incompatibility of the design with the downtown area although that is subjective. Because of these things, he will be voting no. Councilmember Bunn believed there was time for SPAC to remand; he also liked the concept, but also had concerns. Councilmember Corcoran stated the parking is revenue offset; parking is an issue only for neighboring businesses who believed the project would impact their customers. Councilmember Stine questioned if Councilmembers Bunn and Gordon would like the project to go back to SPAC for review; Councilmember Bunn agreed and explained there was plenty of time. Councilmember Bearnson requested input from Lynette O’Neal, Executive Office Manager. Ms. O’Neal explained there is concern with the parking design’s turning radius and noted permit parking spaces have not been determined. Councilmember Corcoran questioned if it will be revenue neutral; Ms. O’Neal stated it will result in a revenue loss, based on average turnover. Mayor Wheeler stated he has been in favor of the project as it provided affordable housing downtown; he would like to see it move forward.
Roll call: Councilmembers Bearnson, Corcoran, and Matthews voting yes; Councilmembers Bunn, Gordon and Stine voting no; Councilmember Jackle abstaining; Mayor Wheeler broke the tie, voting yes.
Ordinance 2016-84 will be placed for a second reading.
60.3 COUNCIL BILL 2016-85 An ordinance adding sections 5.606, 5.607, 5.608, and 5.609 of the Medford Code to prohibit feeding wildlife within the City of Medford.
Councilmember Bunn thought this was a good ordinance and questioned whether Council would like to proceed with placing a limit on chickens. Council agreed to a study session on chickens.
Motion: Adopt the ordinance adding sections 5.606, 5.607, 5.608, and 5.609 of the Medford Code to prohibit feeding wildlife within the City of Medford.
Moved by: Daniel Bunn Seconded by: Chris Corcoran
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Ordinance 2016-85 was duly adopted.
70. Council Business
Councilmember Jackle spoke regarding the Bicycle and Pedestrian Committee’s interviews of Russ Stauff and Steve Borchard.
Motion: Appoint Steve Borchard and Russ Stauff to the Bicycle and Pedestrian Advisory Committee with terms ending January 31, 2017 and January 31, 2018 respectively.
Moved by: Tim Jackle Seconded by: Daniel Bunn
: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Motion carried and so ordered.
Councilmember Gordon noted the Council had recently interviewed applicants for the Unified Appeal Board.
Motion: Appoint Jim Akery to the Contractor position and Benjamin Marincus to the At Large vacancy on the Unified Appeal Board with terms ending January 31, 2018.
Moved by: Chris Corcoran Seconded by: Tim Jackle
Roll call: Councilmembers Bearnson, Corcoran, Jackle, Matthews and Stine voting yes; Councilmembers Bunn and Gordon abstaining.
Motion carried and so ordered.
80. City Manager and Other Staff Reports
80.1 Lien payoff update
Mr. Hoke stated there are 11 homes to foreclose on, but one recently called for a payoff.
80.2 Oregon Investment Advantage Certification
Mr. Hoke received a letter from Art Fish at Oregon Business regarding Quantum Innovations, Inc. The state requires businesses applying for investment advantage to notify Cities if they are located within their Urban Growth Boundary. This company manufactures anti-reflective coating equipment for the ophthalmic industry.
Mr. Corcoran noted Quantum Innovations, Inc. is a worldwide leader and innovative designer of computerized machines. Governor Brown recently toured the facility, as she was interested in the management style and low turnover rate. Mr. Jackle questioned if we harm another business if we agree to this; Mr. Hoke responded we would not. No objections were voiced.
80.3 Further reports from City Manager
a. Mr. Hoke stated the City received an offer from Mr. Schmidt of Precision Electric to purchase a lot in 3rd and Front Street; Council would need to approve any such sale. He explained that in 2009 he had discussed a possible sale of this same lot with Steve Curry from Heritage Motors, but the sale did not move forward. Since the Tiny Houses proposal, an offer to purchase has been made. Councilmember Bunn noted Council needs to make a decision on this, as another development is on hold until Council makes a decision on the Tiny Houses. Councilmember Corcoran questioned whether Mr. Hoke received multiple offers by Mr. Schmidt to purchase the lot over the past couple years; Mr. Hoke recalled only receiving calls from Mr. Schmidt recently. Councilmember Corcoran will abstain from the vote, but recommended selling the property whenever we can. Councilmember Stine questioned the history of this property; Mr. Hoke noted it previously housed a fire station and there was discussion about building a fire or police substation on the lot. Councilmember Bearnson clarified that Rogue Retreat’s vision is to create jobs and give people a place to live. Councilmember Jackle would abstain from the vote, but thought the land sale proceeds could be used to purchase other property. Council discussed locations Rogue Retreat had looked at, as well as property on Table Rock Road, which had different zoning. Mayor Wheeler questioned if the offer was reasonable; Mr. Hoke believed it was a reasonable offer. Councilmember Bunn commented that the sale of this property should be discussed in an Executive Session. Mr. Hoke explained the City has a realtor on retainer and we could put a sign on the property. Ms. Cooper commented that a state statute requires a public hearing. Councilmember Matthews likes the Tiny Houses idea, but not in this area; he would be interested in negotiations for this property. Councilmember Corcoran suggested continuing discussion until the evening meeting to include Councilmember Zarosinski’s opinion. Mr. Hoke noted he could bring back the information on how we obtained the property; Council agreed.
b. Deputy City Manager of Development Services Chris Reising provided information on an interactive map showing City-owned parcels to help with the decision making for the location of the Tiny Houses project.
90. Propositions and Remarks from the Mayor and Councilmembers
90.1 Proclamations issued
90.2 Further Council committee reports
90.3 Further remarks from Mayor and Councilmembers
a. Councilmember Bunn requested legal analysis pertaining to gaming for the evening meeting; he also requested information on Mr. Smith’s ADA complaint.
b. Councilmember Stine noted he received requests from Pokeman Go players to stay in Alba and Pear Blossom Parks until midnight; the parks currently close at 10:30 p.m. Assistant Parks and Recreation Director Richard Rosenthal noted park hours are governed through an Administrative Use Regulation which is reviewed by the Parks and Recreation Commission. The Commission’s next meeting is in August. Councilmember Gordon questioned whether the Parks Director could revise the Administrative Regulation as a similar situation happened during the last meeting with an event at Pear Blossom Park; Ms. Cooper stated this situation is different as the previous situation was covered through a special use permit.
Motion: Direct staff to allow Alba and Pear Blossom Parks to remain open until midnight through September 1, 2016.
Moved by: Kevin Stine Seconded by: Dick Gordon
Councilmember Corcoran stated Councilmember Stine was usurping the Parks and Recreation Commission; Councilmember Stine noted this is a temporary issue and he handles items on a case-by-case basis. Councilmember Jackle would like to hear Police Department’s concerns. Deputy Chief Brett Johnson explained there have been calls for service when citizens see a large group of people standing around with phones. He also explained the time limit was in place to help prevent vandalism; however if an extension was only for these two parks, it would have less of an impact. Mayor Wheeler stated his concern with a liability issue. Councilmember Bearnson encouraged the revision, stating that groups of people in the park could potentially reduce vandalism. Councilmember Bunn preferred referring the issue to the Parks and Recreation Commission.
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Motion carried and so ordered.
100. Adjournment to the Evening Session
Mayor Wheeler noted a MURA there will be a meeting at 6:00 p.m. and a Planning Commission interview at 6:30 p.m. Council adjourned to the evening session at 1:49 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, Daniel Bunn, Chris Corcoran, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
110. Oral Requests and Communications from the Audience
110.1 John Michaels requested Council move on the City Manager appointment.
110.2 William Mansfield, 916 W. 10th, urged Council to appoint Rob Patridge as City Manager.
110.3 Ed Chun, 2840 Lone Pine Road, spoke in favor of Rob Patridge as City Manager.
110.4 Sal Esquivel, 11 Corning Court, provided a statement signed by eight former Councilmembers for the record and spoke in favor of Rob Patridge as City Manager.
110.5 Carey Cahill, 2347 Highgate 4, spoke in favor of Rob Patridge as City Manager.
120. Public Hearings
120.1 Public hearing to consider allowing social gaming in Medford.
Public hearing opened.
Public hearing closed.
- Glenn Richardson, 1511 Upper Applegate Road, Jacksonville, provided information on the Oregon Revised Statutes pertaining to social gaming. He questioned why the illegal social gaming facility was not shut down when the City heard about it three weeks ago. He also stated he had written three letters to Council and requested their inclusion in the public record.Councilmember Bunn asked Mr. Richardson what he would like to be included in the proposed ordinance; Mr. Richardson responded that betting size and other items should be included.
- Matt Burkholder, 3240 Crater Lake Avenue, supported the social gaming club.
- Ed Chun, 2840 Lone Pine Road, spoke in favor of the social gaming club.
- Cary Cahill, 2347 Highgate 4, spoke in favor of the social gaming club.
- Mike Perkins, 1371 Kime Drive, stated he is the owner of the Poker Club and was available for comments should Council have any Councilmember Corcoran questioned if he would be playing games such as blackjack or roulette. Damian Remmie, Medford Poker Club, provided information on the gaming statute stating the house does not benefit in social gaming, they only officiate. Ms. Cooper asked whether the dealer played; Mr. Perkins responded that the dealers do not play. Councilmember Zarosinski questioned how the business made money; Mr. Perkins responded that profits are made from voluntary chip donations. Councilmember Zarosinski clarified that chips were used instead of money; Mr. Perkins confirmed that was accurate
- Neil Alan, stated he is a poker player and commented on the items that should be added in the ordinance.Councilmember Corcoran questioned if he was not satisfied with the state law; Mr. Alan stated he could not answer that question, but Medford should look at what other cities have done.
120.2 COUNCIL BILL 2016-86 An ordinance adding section 8.180 to the Medford Code to allow social gaming.
Motion: Adopt the ordinance adding section 8.180 to the Medford Code to allow social gaming.
Moved by: Kevin Stine Seconded by: Eli Matthews
Councilmember Stine supported this ordinance as it is based on state law. Councilmember Matthews stated that social gaming has gone on for many years. Councilmember Bunn noted the state has a statute and Council could add additional items later. Councilmember Zarosinski noted he would support this motion, with reservations. He preferred the exclusion of craps, roulette and blackjack as well as other games; he was also concerned with how the Code would be enforced. Ms. Cooper clarified that she did review ordinances from other cities and provided information on additional items covered. Councilmember Bearnson preferred the inclusion of an age limit of 18 years old.
Amended motion: Amend the proposed ordinance to state that no person under the age of 18 years may participate.
Moved by: Clay Bearnson Seconded by: Kevin Stine
Councilmember Stine asked whether state statute included age; Ms. Cooper did not find anything offhand.
Roll call on amendment: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Matthews, Stine, and Zarosinski voting yes; Councilmember Jackle abstaining.
Motion carried and so ordered
Roll call on main motion: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Matthews, Stine, and Zarosinski voting yes; Councilmember Jackle abstaining.
Ordinance 2016-86 was duly adopted as amended.
130. Ordinances and Resolutions
130.1 COUNCIL BILL 2016-87 An ordinance authorizing execution of an Employment Agreement with Rob Patridge for the position of City Manager.
Motion: Partially lift the Executive Session privilege for the limited purposes of allowing each Councilor and the Mayor to discuss the reasons for their vote on Rob Patridge’s employment agreement, with the understanding that each Councilor and the Mayor discuss only what they themselves stated during the Executive Session and to not discuss the opinions of others present at the Executive Sessions and also with the understanding that this discussion be limited to the three finalists for the City Manager position: Rob Patridge, Jim Thompson and John Amundson.
Moved by: Kevin Stine Seconded by: Daniel Bunn
Councilmember Zarosinski clarified that he could speak to his own opinion of the candidate; Councilmember Jackle clarified whether he could speak to things learned during Executive Session. Ms. Cooper stated that Councilors could speak to what they learned in Executive Session, as long as it was factual and was not someone else's opinion. Examples of factual material would be information on a candidate's resume, work experience, etc.
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, and Zarosinski voting yes; Councilmember Matthews voting no.
Motion carried and so ordered.
Motion: Approve the ordinance authorizing execution of an Employment Agreement with Rob Patridge for the position of City Manager.
Moved by: Chris Corcoran Seconded by: Eli Matthews
Councilmember Gordon outlined the City Manager recruitment process:
June 2015: Staff reviewed the previous Request for Qualifications (RFQ) to hire a recruitment firm and presented it to Council for input and direction and Council reviewed and discussed the RFQ.
August 2015: Selected an Ad Hoc Committee to assist with the Request for Proposal to hire a professional recruitment firm.
October 2015: Six firms responded to the RFQ and the three recruitment firms were interviewed.
December 2015: Awarded a contract to Waters & Company, A Springsted Company (Waters) and
met with the Ad Hoc Committee to determine the qualifications desired for the Medford City Manager position.
January 2016: Worked with Waters to determine a candidate profile.
February 2016: Waters developed a recruitment brochure outlining the qualifications wanted in a City Manager. The recruitment brochure was advertised and marketed by Waters.
March 2016: Twenty-five applications were received and reviewed by Waters. Waters narrowed down the list to twelve candidates and outlined why thirteen candidates were not selected to move forward in the process. Council met with Ad Hoc Committee after reviewing the applications and removed one and added three additional candidates to the process.
April 2016: Fourteen candidates completed a questionnaire with additional information and met with the Ad Hoc Committee to review the questionnaires. All fourteen moved forward to the recorded interview.
May 2016: Fourteen candidates completed a recorded interview with three questions, which was reviewed by Mayor, Council and the Ad Hoc Committee. Four candidates were selected for in‑person interviews and one candidate withdrew from the process.
June 2016: Council met with Ad Hoc Committee to review the interview questions submitted by Waters and selected the questions to use during the interview process. Jon Amundson, Rob Patridge, and James Thompson were interviewed by the Mayor, Council, Ad Hoc Committee and separately by the department heads. Council offered the City Manager job to James Thompson
James Thompson returned to Medford for additional meetings and then withdrew his application.
July 2016: Rob Patridge was offered the City Manager job.
Councilmember Corcoran remarked on a letter from former Councilmembers endorsing Mr. Patridge’s appointment as City Manager. In addition, he stated that we lived in unconventional times and although Mr. Patridge does not have City Manager experience, he supports the motion. Councilmember Corcoran outlined Mr. Patridge’s experience and explained how he is uniquely qualified to serve as City Manager without previous City Manager experience. Councilmember Corcoran also stated he has not been approached by the “good old boys” or lobbied by the Chamber.
Councilmember Gordon stated Rob Patridge has transferrable skills from his employment history and phenomenal energy levels. He noted his hiring pay level is less than other cities and may be reconsidered after he proves himself. He noted we need city input at the Land Conservation and Development Commission to recognize city problems and more participation on the state level. Councilmember Gordon commented on Mr. Patridge’s service on the Oregon Liquor Control Commission, which he supported, because it provides city input at the state level.
Councilmember Matthews stated he supports Rob Patridge and commented on his qualifications and leadership abilities. He believed the City needs leadership and Mr. Patridge is a leader.
Councilmember Jackle agreed with Councilmember Matthews, explaining the job skills required as listed in the City’s recruitment brochure. Councilmember Jackle spoke highly of many attributes of Mr. Patridge, and noted that Bill Mansfield, who was in the audience, also supported Mr. Patridge.
Councilmember Bearnson stated he cannot disagree with Councilmembers regarding Mr. Patridge’s qualities. However, he cannot approve a candidate without experience and expect taxpayers to train him. Councilmember Bearnson stated multiple facts: there are candidates with more experience than Mr. Patridge that were not considered and there were candidates removed from consideration due to lack of experience, yet Mr. Patridge was not.
Councilmember Zarosinski noted the perfect candidate does not exist. He commented on Mr. Patridge’s passion for the City of Medford, his diverse employment background, extensive experience as the Klamath County District Attorney and organizing that office, and his extraordinary work with the OLCC. Councilmember Zarosinski believes Mr. Patridge will “work” for the City Council, and that he knows how to take a task, take charge and he knows how to make it happen. He will support the motion.
Councilmember Bunn stated that he knows Mr. Patridge personally and he agreed with the positives spoken by other Councilmembers. However, he did not believe Mr. Patridge was a good fit with our City Council. He agreed with Councilmember Bearnson’s comments about the process of moving Mr. Patridge forward when more experienced candidates were removed from consideration.
Councilmember Stine stated we need a City Manager; and commented on filling positions left from management retirements and the importance of an experienced person selecting replacements. He also noted the process took too long; applications were not even provided to Council until June; Council should’ve involved the citizens more in the process. Councilmember Stine believed Mr. Patridge’s service to the OLCC would be a disservice to the City, especially while he was training. He thought the City needs an experienced City Manager.
Mayor Wheeler appreciated everyone’s thoughts and noted a City Manager position is an all‑consuming job; he would like to see someone here first thing in the morning and last thing at night. He didn’t see that type of dedication from Mr. Patridge at this point. The City Manager job is not an entry level position and pointed out that most of Mr. Patridge’s experience was in the legal field and that it appeared Mr. Patridge has moved from job to job. Mayor Wheeler read a job description for an Assistant City Manager in Brookings, stating the small city was searching for more education and experience than Mr. Patridge has accrued. He also stated that once Mr. Patridge was being considered for the position, some Councilmembers stopped considering other candidates. He believed Mr. Thompson realized he did not receive the support of Council, which was obvious and embarrassing to Mayor Wheeler during the interview.
Councilmember Jackle called a point of order; stating the opinions of others were not to be discussed; Ms. Cooper commented that it was close to the line, but Mayor Wheeler was okay since he did not mention names.
Roll call: Councilmembers Corcoran, Gordon, Jackle, Matthews and Zarosinski voting yes; Councilmembers Bearnson, Bunn and Stine voting no.
Second reading scheduled for tomorrow at 12:30 p.m.
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: None.
160.2 Further remarks from Mayor and Councilmembers: None.
There being no further business, this Council meeting adjourned at 8:44 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