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City Council Meeting

Minutes
Thursday, February 07, 2013

 MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
February 7, 2013
 
The meeting was called to order at 12:00 noon in Council Chambers at City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Karen Blair, Daniel Bunn, Bob Strosser, Al Densmore, Eli Matthews, John Michaels, and Chris Corcoran.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Michaels; City Recorder Glenda Wilson.
 
McLoughlin Middle School Students of the Month
Rick Parsakian, Assistant Principal updated the Council on school activities and introduce the students of the month.
 
20.     Approval or correction of the minutes of the January 17, 2013 regular meeting
There being no corrections or amendments, the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Presentation of the City Financial Statements by Isler & Co.
Paul Nielson addressed the Council provided an overview of the City Financial statements for Fiscal Year 2011-12.  He noted that there were no difficulties encountered during the audit and no misstatements were detected.  He expressed appreciation for the great working relationship with staff.
 
30.2   Kalum Gagnier and Calvin Roberts representing the Mayorís Youth Advisory Commission addressed the Council and provided an update on their activities in fundraising for their annual projects.  They reported they are also working to develop a commemorative display at the Santo Community Center to honor former Mayor Jerry Lausmann.
 
40.     Consent calendar
40.1   REMOVED By Councilmember Densmore. 
 
40.2   COUNCIL BILL 2013-15  An ordinance authorizing execution of an Intergovernmental Agreement with the City of Gold Hill to allow their use of the Medford Regional Water Reclamation Facility to dispose of biosolids.
 
40.3   COUNCIL BILL 2013-16  An ordinance awarding a contract in the amount of $70,156 to S&B James Construction to remodel the Municipal Courtroom.
 
40.4   COUNCIL BILL 2013-17  An ordinance authorizing execution of an Intergovernmental Agreement between the City of Medford and the City of Grants Pass to provide building plan review and inspections on an as-needed basis.
 
Motion:  Adopt the consent calendar.
Moved by:  Bob Strosser                         Seconded by:  John Michaels
Roll Call:  Councilmembers Bob Strosser, John Michaels, Eli Matthews, Dick Gordon, Al Densmore, Chris Corcoran, Daniel Bunn and Karen Blair voting yes.
Motion carried and the following council bills were duly adopted:  2013-15, 2013-16, and 2013-17.
 
50.     Items removed from consent calendar
40.1   COUNCIL BILL 2013-14  A resolution appointing representatives to voting positions as the city representatives on boards and commissions.
 
Councilmember Densmore noted that the representative for the Rogue Valley Council of Governments has been changed to Dick Gordon and the alternate is Karen Blair.
 
Motion:  Adopt the resolution.
Moved by:  Al Densmore                          Seconded by:  John Michaels
Roll Call:  Councilmembers Al Densmore, John Michaels, Dick Gordon, Karen Blair, Bob Strosser, Chris Corcoran, Daniel Bunn and Eli Matthews voting yes.
Resolution 2013-14 was duly adopted.
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2013-18  An ordinance authorizing the taking of real property by eminent domain action to acquire needed property in conjunction with the 4th Street and Central Avenue Traffic Signal Project.
 
Motion:  Adopt the ordinance.
Moved by:  John Michaels                                    Seconded by:  Eli Matthews
 
Councilmember Corcoran questioned if this action was to begin the process and that if and when eminent domain should be invoked, that it would be brought back to the Council at that time.  Eric Swanson, City Manager confirmed that is the process.
 
Roll Call:  Councilmembers John Michaels, Eli Matthews, Chris Corcoran, Dick Gordon, Daniel Bunn, Karen Blair, Al Densmore and Bob Strosser voting yes.
Ordinance 2013-18 was duly adopted.
 
60.2   COUNCIL BILL 2013-19  An ordinance authorizing execution of an Agreement between the City of Medford and the Medford Police Officers Association concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2012 through June 30, 2014.
 
Motion:  Adopt the ordinance.
Moved by:  Chris Corcoran                       Seconded by:  Bob Strosser
 
Councilmember Corcoran noted that the agreement could have gone to binding arbitration and thanked staff and union representatives for working to come to an agreement.
 
Roll Call:  Councilmembers Chris Corcoran, Bob Strosser, John Michaels, Dick Gordon, Al Densmore and Daniel Bunn voting yes.  Councilmembers Karen Blair and Eli Matthews voting no.
Ordinance 2013-19 passed to a second reading.
 
60.3   COUNCIL BILL 2013-20  An ordinance authorizing execution of an Agreement between the City of Medford and the Teamsters Local 223 representing  Water Reclamation Division Operators concerning wages, hours, fringe benefits, and other working conditions retroactive from July 1, 2010 through June 30, 2014.
 
Motion: Adopt the ordinance.
Moved by:  Al Densmore                          Seconded by:  John Michaels
Roll Call:  Councilmembers Al Densmore, Bob Strosser, Daniel Bunn, Dick Gordon, Chris Corcoran and John Michaels voting yes.  Councilmembers Karen Blair and Eli Matthews voting no.
Ordinance 2013-20 passed to a second reading.
 
60.4   COUNCIL BILL 2013-21  A resolution remanding to the Landmarks and Historic Preservation Commission with instructions to delay issuing a demolition permit to the Medford Urban Renewal Agency pending Agency presentation of evidence for the protection, enhancement, perpetuation, improvement, or use of the Greyhound Terminal.
 
Motion:  Adopt the resolution.
Moved by:  Al Densmore                          Seconded by:  Bob Strosser
 
Councilmember Densmore noted that as previously discussed this action will allow time for mitigation options to be developed and brought forward.  Councilmember Bunn questioned if this would be considered a denial and City Attorney John Huttl noted it would not be a denial but a delay.
 
Councilmember Gordon noted he did not feel that this issue will be resolved in the near future and that the budget limit may prevent resolution as well.  He expressed concern regarding increased costs by waiting and/or demolishing the portal at a later date. He felt that the Council need to just carry forward with the original plan to retain the portal and expend the funds necessary to accomplish this.
 
Councilmembers discussed the timing for the project, the potential costs and code requirements.
   
Roll Call:  Councilmembers Al Densmore, Bob Strosser, Karen Blair, Daniel Bunn, Dick Gordon, Chris Corcoran, Eli Matthews and John Michaels voting yes.
Resolution 2013-21 was duly adopted.
 
60.5   COUNCIL BILL 2013-22  An ordinance authorizing execution of an Acknowledgement and Plan, a Sublease Agreement, and Purchase Option for Liberty Park, an approximately half-acre park in the Beatty-Manzanita neighborhood.
 
Motion:  Adopt the ordinance.
Moved by:  Dick Gordon               Seconded by:  John Michaels
Roll Call:  Councilmembers Dick Gordon, John Michaels, Karen Blair, Daniel Bunn, Chris Corcoran, Eli Matthews and Bob Strosser voting yes.
Ordinance 2013-22 was duly adopted.
 
70      City Manager and other staff reports
70.1   Update on Dog Daycare Code Amendment Consideration
Jim Huber, Planning Director addressed the Council and provided an update on the proposed code amendment to address the issues raised by Mr. Dudley.  He noted the Planning Commission has reviewed this issue and have forwarded a recommendation to leave the code as written but include a text amendment to allow for application for a conditional use permit.
 
Motion:  Direct staff to bring forward a text amendment to allow for application for a conditional use permit.
Moved by:  Bob Strosser             Seconded by:  Dick Gordon
Roll Call:  Councilmembers Bob Strosser, Dick Gordon, Al Densmore, Daniel Bunn, Karen Blair, Chris Corcoran, John Michaels and Eli Matthews voting yes.
Motion carried and so ordered.
 
70.2   John Huttl, City Attorney addressed the Council regarding clarification of the authority of the Water Commission to act in full authority of the City of Medford when authorizing purchase of property and signatures on deed restrictions. 
 
70.3   City Manager Eric Swanson reported that the Commons Park Block 1 is now open and available for public use.
 
70.4   City Manager Eric Swanson noted that on February 13 there is a tour of the Water Reclamation Facilities and any Councilmembers wishing to attend should inform the City Managerís office.
 
70.5   City Manager Eric Swanson reported that the leaf pickup program was successful again this year.
 
70.6   City Manager reported attending the Fire Department promotion ceremony.
 
80.     Propositions and remarks from the Mayor and Councilmembers
80.1   Proclamations issued:
               None
 
80.2   Further Council committee reports.
a.   Councilmember Strosser reported on the Water Commission meeting and that the water resources are good and the Commission held election of new officers. 
 
b.   Councilmember Densmore noted that information regarding the Rogue Valley Area Commission on Transportation priorities had been distributed to Council previously.  He stated that the Lozier Lane project was the second highest priority and has a good likelihood of receiving funding.
 
c.   Councilmember Michaels reported on the Boards & Commission orientations for the Parks Commission and the Housing and Community Development Commissions.  He expressed appreciation of staff and that he feels this is a good process.
 
d.   Councilmember Blair reported on the Arts Commission meeting and that they are moving forward with an artist for the Santo Center mural project.  She also reported that Eric Iverson, Project Manager for the Commons Park Blocks was present and discussed the Greyhound portal project.  The Arts Commission will be looking at the portal issue at their study session later this month.  Councilmember Michaels requested that the Arts Commission look at recognition of Sgt. Santo at the Center.
 
80.3   Further remarks from Mayor and Councilmembers.
a.   Our Heritage Matters Ė Councilmember Gordon
Councilmember Gordon noted he had requested that information be distributed to the Council.  He spoke to the Associationís efforts to put forward a district to allow for tax funding to assist in preservation issues.  He noted he anticipates a presentation by this group in the future and that the information was distributed to bring Council up to speed. 
 
b.   Council Liaison Appointment.  Councilmember Densmore noted he would like to appoint Councilmember Eli Matthews as liaison to the Medford Youth Baseball Society.
 
Motion:  Appoint Eli Matthews as Council Liaison to the Medford Youth Baseball Society.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Dick Gordon, Al Densmore, Karen Blair, Daniel Bunn, Bob Strosser and Eli Matthews voting yes.
Motion carried and so ordered.
 
c.   Mayor Wheeler noted that the regular Medford Urban Renewal Agency meeting schedule for February 28, 2013 will be cancelled and a special meeting will be held on February 21, 2013.
 
90.     Adjournment to the Evening Session
         The meeting adjourned to the evening session at 1:23 p.m.
 
******************************************************************
EVENING SESSION
 
 
The meeting was called to order at 7:00 p.m. in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Karen Blair, Daniel Bunn, Bob Strosser, Al Densmore, Eli Matthews, John Michaels and Chris Corcoran.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
None
 
120.   Public hearings
120.1    Consideration of the installation of stop signs on Garfield Avenue at the intersection with Peach Street.
 
Cory Crebbin, Public Works Director addressed the Council and provided a staff report.  He provided a history of the Garfield Avenue and Peach Street improvements and that a property owner abutting the intersection has requested that stop signs be installed at the intersection.  Mr. Crebbin reviewed the sight line obstructions and sight triangle requirements.  He noted that the Medford Code only allows the Public Works Director to follow Manual on Uniform Traffic Control Devices and that the City Council by resolution can direct other standards. 
 
Mayor Wheeler questioned the options for the property owner to adhere to the code and Mr. Crebbin noted the property owner would need to lower the fence and remove the shrubs to a maximum 3 foot height or move the fence away from the street to allow the sight triangle requirements to be met.
 
Councilmember Matthews noted he had received calls regarding the speed issues on Garfield and questioned if there were any options to assist with this.  Mr. Crebbin noted if the speed was reduced, there would still be a sight triangle requirement that would still affect the property owner.  Councilmember Densmore requested input from the Police Chief.  Chief George addressed the Council and noted that the speed van and speed trailers are actively in use in residential neighborhoods.  He noted that additional attention will be available for this neighborhood once the vacancies in the Patrol Division are filled.
 
Public hearing opened.
  1. Jeff Cannon, property owner addressed the Council and noted that the homes at this intersection all have driveways that are not in compliance with codes regulating distance from intersections and their concern is when they are exiting the driveways they could more easily be hit by turning traffic.  He spoke to the City installed chain link fence that is four foot high on two other properties abutting the intersection.  Mr. Cannon stated it is not correct that the City installed four foot fences but he cannot have a four foot fence.  Also the visibility on the property cross the intersection from him is obstructed due to the City installed chain link fence as you cannot see through it when stopped at the intersection.
Public hearing closed.
 
Councilmembers discussed the intersection as designed, potential traffic volumes and issues with retrofitting an existing neighborhood with the City standards.
 
Motion:  Direct staff to install stop signs on Peach Street at the Garfield Avenue intersection.
Moved by:  John Michaels                                    Seconded by:  Eli Matthews
Roll Call:  Councilmembers John Michaels, Eli Matthews, Karen Blair, Chris Corcoran, Daniel Bunn, Bob Strosser, Dick Gordon and Al Densmore voting yes.
Motion carried and so ordered.
 
120.2    COUNCIL BILL 2012-165  A resolution denying the formation of a Reimbursement District with Buntin Construction, LLC for a portion of the privately-financed costs incurred during construction of Maple Park Drive in Maple Park Terrace Subdivision, Phase 1.
 
John Huttl, City Attorney provided a staff report and noted that the applicant has withdrawn their application.
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Move to deny formation of reimbursement district.
Moved by:  Bob Strosser                         Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Bob Strosser, Chris Corcoran, John Michaels, Eli Matthews, Al Densmore, Daniel Bunn, Karen Blair and Dick Gordon voting yes.
Resolution 2012-165 was duly adopted.
 
130.   Ordinances and resolutions
130.1    COUNCIL BILL 2013-23  An Ordinance authorizing an Amendment to an existing Construction Management General Contractor Agreement between Lithia and Medford Urban Renewal Agency, making the City of Medford by and through its Public Works Department, the construction manager for the Bear Creek Storm Water Outfall component of the Commons Project.
 
Eric Swanson noted this action will allow the City Public Works staff to manage the Bear Creek Storm Water Outfall component of the project.
 
Motion:  Adopt the ordinance.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
 
Councilmember Gordon spoke to the financial and resource consideration and the previous commitment by the City of $250,000 towards this project.  He requested clarification regarding the funding and Finance Director Alison Chan noted that the $250,000 funding was from the Storm Drain Utility Fund.  It was noted that the agenda item commentary did not correctly state the funding information.
 
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Karen Blair, Dick Gordon, Daniel Bunn, Eli Matthews, Al Densmore and Bob Strosser voting yes.
Ordinance 2013-23 was duly adopted.
 
Councilmember Gordon requested an update on the impacts to the transportation system and Public Works Director Cory Crebbin provided information.
 
130.2    COUNCIL BILL 2013-24  A resolution declaring potential impacts to the Bear Creek Greenway and future Midway Park site as De Minimis as a result of the ODOT I-5/Highway 62/Dutton Road Project.
 
Brian Sjothun, Parks & Recreation Director addressed the Council and provided an overview of the impacts.                       He noted the Parks & Recreation Commission has reviewed the impacts and recommend Council approval.
 
Motion:  Adopt the resolution.
Moved by:  Al Densmore                          Seconded by:  John Michaels
Roll Call:  Councilmembers Al Densmore, John Michaels, Eli Matthews, Chris Corcoran, Dick Gordon, Karen Blair, Daniel Bunn and Bob Strosser voting yes.
Resolution 2013-24 was duly adopted.
 
130.3    COUNCIL BILL 2013-25  An ordinance authorizing an agreement settling a material difference in appraised value of properties pursuant to the Disposition and Development dated December 12, 2012. 
 
Councilmember Bunn spoke to a potential conflict as his family firm previously had a purchase and sale agreement with the Housing Authority but that sale did not happen and the agreement is no longer in place.  He noted he did not feel this would disqualify him from participating in this item.
 
Councilmember Corcoran noted he would be abstaining from participation due to his employment at Premier West Bank.
 
John Huttl, City Attorney provided a staff report and history of work undertaken to reach this agreement.   He spoke to potential litigation claims and Housing Authorityís response to a question regarding if the City changed their position on the original issue would the Housing Authority withdraw their lawsuit.  Mr. Huttl reported that the Housing Authority noted if this happened that would make their lawsuit moot.
 
         Motion:  Adopt the ordinance.
         Moved by:  Al Densmore              Seconded by:  Bob Strosser
 
Councilmember Densmore spoke to his motion and that he felt this was a compromise and that given he larger context of the issue that the Council should support this action.  Councilmember Michaels noted he would not be supporting the motion.  Councilmember Matthews expressed concern that the City is now having to contribute additional funding and he felt the land swap was not equal in that the downtown property has a higher value than the park/wetlands area.  Councilmember Densmore addressed the need for downtown housing opportunities and that this proposal will address those needs. He noted that parking may be an issue but the need for parking has not been identified at this time.  He stated that the need for downtown affordable housing makes this a very important opportunity.  Councilmember Bunn noted he would like to see this issue put to rest but felt there are too many hurdles to be overcome.  He stated he feels that this is a self-inflicted problem originating from the land use decision and that the Council needs to correct the issue.  Councilmember Strosser spoke to the professional appraisals and the need for housing.  Councilmember Michaels noted he would like a future study session on downtown housing.  Councilmembers requested that a representative from the Housing Authority speak to this issue.
 
Jason Elzy, Housing Authority of Jackson County addressed the Council and noted that the Housing Authority would also like to see this issue finalized so that they can move forward.  He noted that the agreement is not a perfect option for any one party but is a good compromise.  He stated that downtown is an excellent place for their project and this agreement accomplishes the establishment of downtown housing and also resolves the dispute on Spring Street.  He encouraged the Council to move forward and adopt this ordinance.  He noted that if the City chose to not authorize this agreement, the issues with the neighbors would still need to be resolved.
 
Councilmember Gordon questioned the outcome if the Council did not approve the ordinance.  City Attorney John Huttl noted that if there were more than one no vote, the issue would be brought back for a second reading at the February 21, 2013 meeting.  He noted that the agreement is written to be effective as of the date of the first signature and that the representative of the neighborhood group has signed the agreement and submitted it to the City Recorder.    Mr. Huttl noted he could not speak to the question raised about what the next steps would be if the agreement failed without further review.
 
Councilmember Bunn questioned Councilmember Gordon as Chair of the Medford Urban Renewal Agency as to the impact to the Agency by the loss of the land downtown.  Councilmember Gordon noted that the land was held by the Agency for redevelopment and not necessarily for parking, which would be addressed as redevelopment occurs in the downtown and future needs are identified.
 
Councilmember Blair addressed the Council and noted that while she has many concerns with this issue she is unsure about the guideline regarding information discussed in the executive sessions now being brought forward for discussion in the public meeting.  She noted she felt there were recommendations made in executive session that are not being discussed and affect this item.  She spoke to the need to move into higher density as the City grows and this will need to be addressed within existing neighborhoods.
 
Councilmember Matthews questioned the timeframe for the Housing Authority to build in the downtown and City Attorney Huttl noted that the settlement agreement details the time limit and that the land cannot be held by the Housing Authority for speculative purpose.  He noted that if the Housing Authority does not build within the time limit prescribed, there are other legal remedies that the City can undertake.
 
Roll Call:  Councilmembers Al Densmore and Bob Strosser voting yes.  Councilmembers Karen Blair, Daniel Bunn, Dick Gordon, John Michaels and Eli Matthews voting no.  Councilmember Corcoran abstained.
Motion failed.
 
Motion: Move to reconsider.
Moved by:  Dick Gordon              Seconded by: John Michaels
 
Councilmember Gordon noted that he voted no on the previous motion to express his dissatisfaction.
 
Roll Call:  Councilmembers Dick Gordon, Al Densmore and Bob Strosser voting yes.  Councilmembers Karen Blair, John Michaels, Daniel Bunn and Eli Matthews voting no.  Councilmember Corcoran abstained.
Motion failed.
 
Motion:  Direct staff to withdraw appeal at Court of Appeals.
Moved by:  John Michaels                        Seconded by:  Daniel Bunn
 
City Attorney Huttl noted that this motion may be challenged as it is not on the agenda for tonightís meeting.
 
Councilmember Michaels spoke to his motion and noted that this is similar to another issue in the past where the Council has reversed its decision.  Councilmember Bunn spoke to his second of the motion and that he felt that the agenda item was to settle our legal issues and this is another avenue to accomplishing that task.  Councilmember Densmore expressed his disappointment in the Council for not supporting the compromise agreement.  Councilmember Gordon noted he would need more information before he could support this motion.  Councilmember Bunn noted that this could be brought back at the next Council meeting to allow legal staff time to review the issue and provide information for Council consideration.  Councilmember Michaels noted he feels the Council made a bad decision originally and feels that downtown housing issues should be discussed and planned for Ė not considered as a forced issue.   He stated he would like to have this issue addressed at the next Council meeting.
 
Motion withdrawn, second concurred.
 
Councilmember Bunn addressed the issues of the Land Use Board of Appeals issues and that under remand the issue regarding Mayor Wheeler and Councilmember Gordon could be addressed.
 
Councilmember Gordon raised issue with Councilmember Michaelís comments regarding the issue is between the neighbors and the Housing Authority.  He stated that a lawsuit against a government agency would require excessive funds and it would not be a fair fight for the neighbors. 
 
Councilmember Bunn noted that the City Council are stewards of the publicís funds and that to continue to move forward would be inappropriate.  He noted that the City lost this case at the Land Use Board of Appeals, the Site Plan & Architectural Commission and the Planning Commission all disagree with the Council decision, and the Council needs to discontinue fighting this issue.  Councilmember Gordon noted that if fiscal concerns are the basis for Councilmember Bunnís concerns then approving the agreement would be the cheapest way to resolve the issue.
 
Councilmember Corcoran under point of order challenged Councilmember Bunnís ability to vote on the original motion.  City Attorney Huttl noted that this cannot be considered at this point as Councilmember Corcoran did not participate in the original vote.  Councilmember Corcoran requested that Councilmember Bunn be disqualified.
 
Mayor Wheeler declared a 15 min recess.
*******************************************
Meeting reconvened with same persons present.
 
City Attorney Huttl reported he had spoken with Mr. Elzy of the Housing Authority during the break and Mr. Elzy would like to readdress the Council.
 
Jason Elzy, Housing Authority of Jackson County addressed the Council and noted that the Housing Authority appreciates that this is a difficult decision.  He reported that in light of the discussions tonight, the Housing Authority would like to encourage the council to approve the agreement.  It is not just the Housing Authority that benefits from this action and he has heard from a number of community leaders and neighborhood residents that are supportive of the agreement. 
 
Councilmember Michaels noted he feels that the Council erred in the original decision.  Mr. Huttl noted that if the Council were to withdraw the City appeal, the Housing Authority will still be at the Court of Appeals with the neighbors.  Councilmember Gordon spoke to the difference in the appraisals as a point of concern.  Mr. Elzy commented that the Housing Authority would volunteer to pay $130,000 on top of the original $150,000 agreed upon which would make the agreement the same as was previously discussed with Council.  He noted that the Housing Authority Board would need to vote but that he felt this was highly likely to be approved. 
 
Councilmember Densmore, under point of order, proposed that as Mr. Elzy is making a different proposal that a new motion could be considered.  City Attorney Huttl noted that as the proposal for additional funds from Mr. Elzy is a material amendment this would allow a new vote on the agreement.
 
Motion:  Adopt ordinance 2013-25 with substantial amendment with the Housing Authority of Jackson County as part of the settlement will increase its voluntary contribution under the DDA by $129,215 of the property value differences.
Moved by: Al Densmore               Seconded by: Bob Strosser
 
Councilmember Michaels noted he was uncomfortable with moving forward with this motion.   Councilmember Densmore spoke to the agreement which was already reviewed and with the change in contribution by the Housing Authority this should address some Councilmembers concerns.  Councilmember Bunn expressed concern with the Medford Urban Renewal property being traded away.  Councilmember Densmore, under point of order, requested that comments be directed to the Chair.  Councilmember Bunn addressed his concerns regarding the impacts on the Medford Urban Renewal and the surrounding neighborhood which were the same concerns he had on the original agreement.  City Attorney Huttl noted that the Urban Renewal Agency has already agreed to this exchange contingent upon the City Council review of the appraisals.  Councilmember Bunn noted his concerns around the loss of downtown parking, impacts to transportation, putting housing in an area where there is currently no housing. Jim Huber, Planning Director addressed the Council and noted that the Housing Authority development plans for the downtown property will be subject to the normal approval processes which address impacts of the development.
 
Councilmember Matthews addressed the Council regarding the pending motion and stated that this would basically be the same motion that previously failed except the Housing Authority will be providing $129,215.  Councilmember Densmore spoke that this is a different motion than before because the concern addressed by Councilmember Matthews was the increase in the Cityís contribution and this motion alleviates the concern regarding the cash contribution as raised by Councilmember Matthews.                 
Councilmember Densmore spoke to the final stages of the Medford Urban Renewal Agency and that there are issues with doing something different with the Sixth Street property given the limited time remaining.  Councilmember Michaels stated that he felt the original decision was not appropriate and while he agrees that the housing to be provided by the Housing Authority is a good thing, he feels this decision sets a bad precedent.  Councilmember Bunn spoke and while he had many concerns that have been discussed he felt that the original land use decision was not correct and that he felt that the Council needs to correct that decision.
 
Mayor Wheeler addressed the Council and noted he believes that the higher and better use for land in the downtown is for housing to bring a residential population in the downtown core as this will contribute to the activity in the area.  He spoke to vacant lots within the area of the Sixth Street property that could be converted into parking as the need is identified. 
 
Councilmember Bunn questioned since the motion has a less financial impact does this make it acceptable to the Councilmembers who were opposed to the earlier motion.  Councilmember Blair stated she felt that the Council is bartering with the Medford Code. She spoke to the Council appointment of citizen volunteers who are then given a code and asked to make recommendations following those codes and then the Council tells them their decision is wrong.  She noted if the Council does not like the code then the Council needs to change the code.  She expressed that she felt constrained to speak to issues regarding this agreement as they were discussed in executive session with expert consultants who provided advice to the Council and that advice is not being considered.
 
Councilmember Gordon noted he would be supporting the motion as he feels this is a good compromise for all the parties involved.  Councilmember Michaels noted he feels this is a premature motion as the Medford Urban Renewal Agency has not authorized the agreement and he will be upholding the land use laws.
 
Motion:  Extend the meeting to 10:30 p.m.
Moved by:  Al Densmore                          Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Al Densmore, Daniel Bunn, Karen Blair, Dick Gordon, Bob Strosser, Eli Matthews and John Michaels voting yes.  Councilmember Chris Corcoran abstained.
Motion carried.
 
City Attorney Huttl spoke to the issue regarding Councilmember Bunnís participation in this issue in that this item was discussed in multiple executive sessions and he questioned if Councilmember Bunn was present in those executive sessions or if he listened to the audio recordings.  Councilmember Bunn noted that he was not in attendance at the executive sessions nor was he briefed on them and would leave it to the Mayor as to his ability to participate.  Mr. Huttl noted that the decision to participate is Councilmember Bunnís.  Councilmember Bunn noted he would be supporting the motion but that he did not feel this was appropriate as the original decision was a Chapter 10 error.  He noted he feels he has been fully briefed on this issue to be able to participate. 
 
Councilmember Bunn called for the question.
 
Roll Call:  Councilmembers Al Densmore, Bob Strosser, Daniel Bunn, Dick Gordon and Eli Matthews voting yes.  Councilmembers Karen Blair and John Michaels voting no. Councilmember Chris Corcoran abstained.
Motion carried to a second reading.
 
 
130.4    SECOND READING  COUNCIL BILL 2012-136  An ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional Employees pertaining to salaries and benefits.
 
City Attorney John Huttl noted that the Agenda Items 130.4 and 130.5 were previously presented to Council and due to them each receiving two no votes, they needed to have a second reading.
 
Motion:  Adopt the ordinance.
Moved by:  Dick Gordon                          Seconded by:  Bob Strosser
Roll Call:  Councilmembers Dick Gordon, Bob Strosser, Al Densmore, Daniel Bunn, Chris Corcoran, and John Michaels voting yes.  Councilmembers Karen Blair and Eli Matthews voting no.
Ordinance 2012-136 was duly adopted.

130.5    SECOND READING  COUNCIL BILL 2013-006  An ordinance authorizing execution of an Agreement between the City of Medford and Teamsters Local 223/Medford Parks Employees Association concerning wages, fringe benefits, and other working conditions through June 30, 2014.
 
Motion:  Adopt the ordinance.
Moved by:  Al Densmore                          Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Al Densmore, Chris Corcoran, Bob Strosser, Dick Gordon, Daniel Bunn and John Michaels voting yes.  Councilmembers Karen Blair and Eli Matthews voting no.
Ordinance 2013-006 was duly adopted.
 
140.   Further reports from the City Manager and staff
140.1    U.S. Cellular Community Park Economic Impact Report
Brian Sjothun, Parks & Recreation Director provided an update on the U.S. Cellular Community Park economic impact report.  He noted the economic impact for 2012 was $8.85 million dollars and this figure does not include impacts generated from league play.  He reviewed the top 2012 events and spoke to upcoming events for 2013. 
 
Councilmember Matthews questioned the loss of tournaments as reported by Travel Medford and the timeline for the completion of all fields at the park.  Mr. Sjothun noted that this will be presented in the upcoming budget presentations. 
 
140.2    City Manager Swanson noted that a letter from the Bureau of Indian Affairs was received and distributed to the Council.  He noted that staff met with representatives of the Coquille Tribe and will be formulating a response to the letter which will be brought back to the Council at the February 21, 2013 meeting.   Councilmember Corcoran noted he would like to have a study session with the representatives of the tribe and Mr. Swanson noted that could be arranged.  City Attorney Huttl noted that the staff will be asking for an extension to the response period.
 
150.   Propositions and remarks from the Mayor and Councilmembers
150.1    Boards & Commission Appointments
a.   Councilmember Gordon noted that the interview committee for the Site Plan & Architectural Commission did not recommend Don Libby for this commission but felt he would be better suited for a different committee or commission.
 
Site Plan & Architectural Commission:  Applicants Martin Lentz and Don Libby.
Roll Call:
Karen Blair:  Martin Lenz
Daniel Bunn:  Martin Lenz
Chris Corcoran: Martin Lenz
Al Densmore:  Martin Lenz
Dick Gordon:  Martin Lenz
Eli Matthews:  Martin Lenz
John Michaels:  Martin Lenz
Bob Strosser:  Martin Lenz
Gary Wheeler:  Martin Lenz
 
Martin Lenz received nine votes and was appointed to a term ending 1/31/2017.
 
Police Advisory Committee:  Applicants for Ward 2 were Gary Duvall and Bradley Martinkovich.
Roll Call:
Karen Blair:  Gary Duvall
Daniel Bunn:  Gary Duvall
Chris Corcoran:  Gary Duvall
Al Densmore:  Gary Duvall
Dick Gordon:  Gary Duvall
Eli Matthews: Gary Duvall
John Michaels:  Gary Duvall
Bob Strosser:  Gary Duvall
Gary Wheeler:  Gary Duvall

 Gary Duvall received nine votes and was appointed to a term ending 1/31/2014.
 
Police Advisory Committee:  Applicants for Ward 4 were Robert Bartalini, Julian Cordle, Tom Haynie, William Henry, Ted Krempa, Jerry McDougall, William Mansfield, Curtis Moore, Lewis Osborn and Kirby Rider.
 
                     Roll Call:
                     Karen Blair: William Mansfield
                     Daniel Bunn:  William Mansfield
                     Chris Corcoran:  William Mansfield
                     Al Densmore:  William Mansfield
                     Dick Gordon: William Mansfield
                     Eli Matthews:  William Mansfield
                     John Michaels: Abstained
                     Bob Strosser:  William Mansfield
                     Gary Wheeler:  Jerry McDougall
 
William Mansfield received seven votes and Jerry McDougall received one vote.  William Mansfield was appointed to a term ending 1/31/2014.
 
150.2    Further Council committee reports.
                     None
                    
150.3    Further remarks from Mayor and Councilmembers.
a.   Councilmember Bunn thanked the Council for the discussion this evening and appreciated the debate and resolution achieved.
 
b.   Councilmember Densmore addressed an invitation to a climate change meeting on February 17th and would like City representative to attend.  He asked that if someone is interested they contact the City Managerís office for more information.
 
160.   Adjournment 
         There being no further business the meeting adjourned at 10:28 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.
 
 
 
Glenda Wilson
City Recorder

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