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City Council Meeting

Minutes
Thursday, March 07, 2013

                                                                                                                                              
 
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                    March 7, 2013
                                                                             
 
The meeting was called to order at noon 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.
 
Introduction of McLoughlin Middle Students of the Month
Rick Parsagian, Assistant Principal provided an update on the school activities and introduced the Students of the Month.
 
20.     Approval or correction of the minutes of the February 21, 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   Clint Oborn, 633 Carrington Ave., Medford addressed the Council regarding beekeeping within the City of Medford.  He noted he had spoken with Code Enforcement and the response to beekeeping is that it is deemed an agricultural use.  He is in support of his neighbors keeping of bees for the benefits that are a result, ie. pollination.  He is requesting that the City Council approve a modification to the Code that would allow for keeping of one or two hives for small personal uses.  Councilmember Michaels requested that Mr. Oborn research other cities and put together a proposed code amendment for the Council to consider.
 
40.     Consent calendar
40.1   REMOVED By Councilmember Gordon. 
 
40.2   COUNCIL BILL 2013-37  An ordinance authorizing execution of an Agreement with the San Francisco Giants Community Fund to coordinate the City’s 2013 Junior Giants T-Ball and Baseball program.
 
Motion:  Adopt the consent calendar.
Moved by:  Al Densmore                          Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Al Densmore, Chris Corcoran, John Michaels, Eli Matthews, Bob Strosser, Daniel Bunn, Karen Blair and Dick Gordon voting yes.
Ordinance 2013-37 was duly adopted.
 
50.     Items removed from consent calendar
40.1   COUNCIL BILL 2013-36  An ordinance awarding a contract in the amount of $159,282.60 to Overstreet Landscaping & Hydroseeding, Inc., for wetland Improvements at Whetstone Creek, Phase 2.
 
Councilmember Gordon questioned if the contract cost was covered by ODOT for the Coker Butte project.  Public Works Director Cory Crebbin noted that this project will provide for additional mitigation beyond what is required for the ODOT project and therefore is partially funded by the City.  Dennis Hart, Public Works Design & Construction Manager, addressed the Council and confirmed that approximately one-third of the cost of the contract will be funded through the ODOT project and the remainder will be paid for by the City to address future project wetland mitigation needs.

Motion:  Adopt the ordinance.
Moved by:  Dick Gordon                          Seconded by:  Bob Strosser
Roll Call:  Councilmembers Dick Gordon, Bob Strosser, Karen Blair, Daniel Bunn, Eli Matthews, John Michaels, Al Densmore and Chris Corcoran voting yes.
Ordinance 2013-35 was duly adopted.
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2013-38   An ordinance amending Section 2.447 of the Medford Code pertaining to membership on the Parking Commission.
 
Motion:  Adopt the ordinance.
Moved by:   Karen Blair                            Seconded by:  Eli Matthews
Roll Call:  Councilmembers Karen Blair, Eli Matthews, Dick Gordon, Chris Corcoran, John Michaels, Daniel Bunn, Al Densmore and Bob Strosser voting yes.
Ordinance 2013-38 was duly adopted.
 
60.2   COUNCIL BILL 2013-39  A resolution authorizing the Parks & Recreation Director  issue a letter of non-opposition to a proposed application to vacate a county road.
 
Motion: Adopt the resolution.
Moved by:  Chris Corcoran                       Seconded by:  Bob Strosser
 
Brian Sjothun, Parks & Recreation Director addressed the Council and provided a staff report.  He provided information on the proposed vacation and noted that this vacation will not have a negative effect on development of a future entrance to the park.
 
Roll Call:  Councilmembers Chris Corcoran, Bob Strosser, Daniel Bunn, Al Densmore, John Michaels, Eli Matthews, Karen Blair and Dick Gordon voting yes.
Resolution 2013-39 was duly adopted.
 
60.3   COUNCIL BILL 2013-40 An ordinance authorizing execution of an Intergovernmental Agreement with the Oregon Department of Transportation for safety improvements at Third Street and Eleventh Street railroad crossings.
 
Motion:  Adopt the ordinance.
Moved by:  Dick Gordon                          Seconded by:  Eli Matthews
 
Councilmember Michaels questioned when improvements will be done to the Jackson Street railroad crossing.  Cory Crebbin, Public Works Director noted that he would need to check on jurisdictional management of that crossing but that pavement maintenance is planned for Jackson Street.
 
Roll Call:  Councilmembers Dick Gordon, Eli Matthews, Chris Corcoran, John Michaels, Al Densmore, Karen Blair, Daniel Bunn and Bob Strosser voting yes.
Ordinance 2013-40 was duly adopted.
 
70.     City Manager and other staff reports
70.1   Special Events Equipment Request
Lynette O’Neal, Assistant to the Deputy City Manager addressed the Council and noted that the City provides in-kind sponsorship of designated events such as Pear Blossom Festival.  In the past, city-owned barricades and signage were utilized for these events but in 2004 the City Council authorized the purchase of equipment specifically for these events.  That equipment has now aged and is in need of being replaced.  Additionally, due to the growth of some of the events and new use of The Commons area, additional quantities of signage and barricades are needed. The cost is approximately $7,000 to purchase the new equipment and supplies and the Public Works sign department would then produce the new signage.  There are some unspent funds in the Special Events line item that could be utilized for this purpose or the Council could utilize the uncommitted funds in the Vision Implementation line item.
 
Motion:  Approve expenditure of $7,000 from the Special Events budget to purchase new barricades and signage for special events.
Moved by:  Al Densmore                          Seconded by:  Bob Strosser
 
Councilmember Corcoran noted he would like to see this as a budget issue.  Councilmembers discussed the issue.
 
Roll Call:  Councilmembers Al Densmore, Bob Strosser, Karen Blair, Daniel Bunn, Dick Gordon, Eli Matthews, Chris Corcoran and John Michaels voting yes.
Motion carried and so ordered.
                 
70.2   Mr. Swanson spoke to the upcoming meetings for the Council.  He noted that on April 11, 2013 there will be a study session on Budget Workshop and Financial Forecasting. 
 
70.3   Mr. Swanson noted that Mr. Tam Moore will be presenting to the Council at the March 21, 2013 meeting regarding the proposed Heritage District.
 
70.4   Mr. Swanson noted that the ribbon cutting for The Commons Park Block 1 will be on March 29, 2013 at 1:00 p.m.
 
80.     Propositions and remarks from the Mayor and Councilmembers
80.1   Proclamations issued:
               None
 
80.2   Further Council committee reports
a.   Salem - City Hall Day
Councilmember Matthews addressed the Council and reported on the event.  He noted that the event was a success and the dinner with the Southern Oregon legislative delegation was very beneficial.   He spoke to the League of Oregon Cities presentations on the legislative process and bills that the League was tracking.  Councilmember Blair addressed the Council and updated them on the lobbying that was done during the afternoon as well as attendance at legislative committee public hearings. 
 
Councilmembers questioned the establishment of regular telephone calls to legislators and Councilmember Matthews noted that Representative Sal Esquivel was receptive to the proposal.  Mr. Swanson noted he would be working with Cindy Robert to set up timing and issues for these calls.
 
b.   Councilmember Gordon reported on the League of Oregon Cities board meeting.
 
c.   Councilmember Strosser reported on the Traffic Coordinating Committee meeting and that three requests were discussed.
 
d.   Councilmember Strosser reported on the Water Commission meeting and presented a graph detailing a breakdown of the charges from the Water Commission to the other cities they serve.  The chart noted that the bulk of the charges on other cities bills were due to that city’s fees and not the charge for service from the Water Commission. 
 
e.   Councilmember Matthews reported on the Mayor’s Youth Advisory Commission meeting and their discussion on fundraising for the Commission’s scholarship account.  He noted that the Commission is continuing to look at fundraising and will likely be before the Council to request funding in the upcoming budget.
 
f.    Councilmember Bunn reported on the Metropolitan Policy Organization Committee meeting.  He noted it was a brief meeting but they did discuss the increase of their dues to 16 cents per capita.

80.3   Further remarks from Mayor and Councilmembers
a.   Councilmember Strosser addressed the Council and spoke to the recent Mail Tribune editorial regarding executive sessions.  He expressed concern regarding the editorial and that there is some misunderstanding.  The City Council executive sessions are not “secret” and quite often the press is in attendance. These meetings do not prevent the Council from making generalized comments and he feels that elected officials should be allowed to speak in generalized terms. 
 
b.   Councilmember Michaels reported on the Alba Sister City Silent Auction fundraising dinner and that it was very successful event.  Funds will be used to send the student exchange group to Alba this spring.
 
c.   Councilmember Densmore spoke to the Alba Sister City Committee.  There has been a shift in the committee and he would like to participate as the Council liaison and would recommend Councilmembers Matthews and Bunn as alternates.  Councilmembers concurred with the appointment.  Councilmember Densmore noted that the Alba Sister City Committee has been developing a number of projects and he would work with them to bring these forward.
 
d.   Councilmember Matthews requested an update on the Coquille Tribe Casino project;  Mr. Swanson noted that he would report at the evening meeting.
 
90.     Adjournment to Executive Session
The meeting adjourned at 1:15 p.m. to Executive Session pursuant to ORS 192.660(2)(d) to conduct deliberations with persons designated by the Council to carry on labor negotiations.
 
********************************************************************
 
EVENING SESSION
                                                                             
The evening session 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 Karen Blair, Daniel Bunn, Chris Corcoran, Al Densmore, Dick Gordon, Eli Matthews, John Michaels and Bob Strosser.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; Senior Assistant City Attorney Kevin McConnell; City Recorder Glenda Wilson
 
110.   Oral requests and communications from the audience
110.1    John Huttl, City Attorney addressed the Council and provided an update on the Coquille Tribe Casino issue.  Councilmembers were given a copy of a summary memo from Mr. Huttl.  He reviewed the information contained within the memo and noted that the City has received a time extension until April 5, 2013 to respond to the Bureau of Indian Affairs on the Tribe’s fee-to trust application.  He spoke to the departmental impacts information requested by Council and his office is currently working with staff to compile this information.  He noted that the Tribe has requested to receive the Council questions in advance of a joint meeting allow them time to prepare responses.  He is seeking Council direction on whether to retain staff for representation on this issue or contract for outside legal counsel with expertise in Indian gaming law.
 
Councilmember Michaels noted that he felt the Council needs to focus on this issue now and that this area of law is specialized and the City Attorney may need assistance. 
 
Motion:  Direct staff to pursue options for outside legal assistance and request additional time to respond to Bureau of Indian Affairs.
Moved by:  John Michaels                                    Seconded by:  Chris Corcoran

Councilmember Corcoran noted that he is opposed to giving the Tribe a list of questions as he feels they need to be able to have an open conversation with the Tribe and need to get the basic facts from them.  He noted that the Tribe has have not given the City a copy of their submittal as was previously requested.
 
Councilmember Densmore noted that there are several items on the agenda and he would like to have some time to digest the information. He suggested this be brought back at the next Council meeting.  Councilmember Gordon questioned the timeline for getting the impacts on the City from staff and Mr. Swanson noted that we should have a preliminary report by the next Council meeting.
 
Councilmember Michaels withdrew his motion and second concurred.
 
Councilmember Michaels noted he would like to have representatives of the Cow Creek Tribe in the discussions as well.
 
Motion:  Direct staff to request additional 60 days for review and preparation of response to fee-to-trust application.
Moved by:  Dick Gordon                          Seconded by:  Bob Strosser
Roll Call:  Councilmembers Dick Gordon, Bob Strosser, Karen Blair, Chris Corcoran, Al Densmore, Eli Matthews, John Michaels and Daniel Bunn voting yes.
Motion carried and so ordered.
 
Councilmember Gordon questioned if Jackson County has been interested in this issue and Mr. Swanson noted he would investigate.
 
110.2    Steve Bismarck, Chair of the Bicycle & Pedestrian Advisory Committee, addressed the Council and noted that the committee will be making appearances before Council in the future to bring forward issues and recommendations.  He provided an update on the committee activities and goals for the upcoming year.
 
110.3    Dean Ayers, 624 Valley View Drive, Medford, addressed the Council regarding a previous Council approval of the ordinance at the February 21, 2013 meeting pertaining to a code modification for public safety facilities.  He requested that the Council reconsider this action.
 
*Mayor Wheeler requested that Agenda Item 130.1 be taken out of order and Council concurred.
 
130.1    COUNCIL BILL 2013-43  A resolution remanding to the Planning Commission LDP 11-097, a two-lot partition on 5.96 acres located on the northeast corner of Spring Street and North Berkeley Way. 
 
Senior City Attorney Kevin McConnell noted that correspondence from Seth King, Perkins Coie, representing the Housing Authority of Jackson County was distributed to the Council.  The correspondence requests that this item be continued to a later date pending the expiration of the appeal period for the Planning Commission’s decision on the Housing Authority’s Partition II application.
 
Motion:  Move to continue the resolution.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Dick Gordon, Karen Blair, Eli Matthews, Al Densmore, Daniel Bunn and Bob Strosser voting yes.
Motion carried and so ordered.
 
120.   Public hearings
120.1    COUNCIL BILL 2013-41  An ordinance approving a major amendment to the Neighborhood Element and Transportation Element of the Comprehensive Plan pertaining to the Commercial Center Core Area of the Southeast Plan, located north of Barnett Road, east of North Phoenix Road. (CP-12-089) (Land Use, Legislative)
 
Bianca Petrou, Assistant Planning Director presented a staff report.  She reviewed the history of this master planned project and noted that this ordinance will approve revisions to the Comprehensive Plan Elements as they pertain to the Southeast Plan.  This ordinance does not to approve the master plan and that will come forward at a future Council meeting after it has been reviewed by the Planning Commission. The staff and Planning Commission are recommending approval.
 
Public hearing opened.

1.  Bob Seldon, 758 Fernwood Dr., Medford, representing the property owners abutting the Commercial Core area, addressed the Council regarding the proposed setbacks on the Greenway as it affects his client’s properties.  He noted that this is a regulatory takings issue subject to the Dolan vs. City of Tigard case.  He noted that the property owners have retained legal representation. 

Senior City Attorney Kevin McConnell noted that staff is meeting with Mr. Seldon next week and that Council should not address this issue further as Mr. Sheldon has referred to future litigation action.

2.  Carl Bartlett, Chair of the Southeast Implementation Plan Advisory Committee addressed the Council and encouraged them to adopt the proposed amendments.

3.  Raul Warner, CSA Planning, representing the remaining property owners of the Southeast Plan Commercial Core area addressed the Council and encouraged the Council to adopt the changes.Public hearing closed.
 
Motion:  Finding that the Comprehensive Plan criteria are met, I move to adopt CVP-12-089, per the Staff Report dated February 20, 2013, including Exhibits A-K, pertaining to the Commercial Center Cora Area (7A) of the Southeast Plan overlay zone.
Moved by:  Dick Gordon                          Seconded by:  John Michaels
 
Councilmember Gordon spoke to the amount of time and work that has been undertaken to bring this project forward and he thanked the staff and volunteers for their efforts.
 
Roll Call:  Councilmembers Dick Gordon, John Michaels, Al Densmore, Bob Strosser, Daniel Bunn, Karen Blair, Eli Matthews and Chris Corcoran voting yes.
Ordinance 2013-41 was duly adopted.
 
120.2    COUNCIL BILL 2013-42  An ordinance amending Sections 10.372, 10.373, 10.374, 10.377, 10.378, and 10.384 of the Medford Code pertaining to the Commercial Center Core Area (7A) of the Southeast Plan overlay zone. (DCA-12-090) (Land Use, Legislative)
 
Bianca Petrou, Assistant Planning Director addressed the Council and provided a staff report.  She noted that this action will modify the sections of the Medford Code which will apply to the development and approval of the Southeast Plan master plan.  The master plan is not being presented this evening, just the code that will guide the approval of the master plan when it is presented in the future.  She noted that the Planning Commission has recommended adoption.
 
Public hearing opened.

1.  Raul Warner, CSA Planning representing the property owners of commercial core area, addressed the Council and requested approval of the ordinance with an amendment to allow the use of “charging stations”.

Council discussion and questions regarding the size and location of the proposed charging stations.  

2.  Randy Jones, a member of the Southeast Plan Implementation Advisory Committee, addressed the Council regarding the issue of the greenway previously spoken to by Mr. Sheldon.  He noted that he was the Chairman of the Greenway Subcommittee and he would be willing to work with staff and Council on that issue.  Regarding the charging stations prohibition and the discussions at the committee level,  he felt that there is a better understanding of that type of facility today.

3.  Carl Bartlett, Chair of the Southeast Plan Implementation Advisory Committee spoke to the charging stations issue that was raised.  He noted that this core area was designed as a transit orientated district.  He reported that he feels this issue was discussed in detail at the committee and that the property owners recommended that fueling stations be prohibited in exchanged for allowing three  drive-up locations.  

4.  Robert Tull, member of the Southeast Plan Implementation Advisory Committee addressed the Council and spoke to the discussion of the transit oriented design and the minimization of facilities to support automobile transit.

Public hearing closed.
 
Motion:  Finding that the Land Development Code amendment approval criteria are met, I move to adopt DCA-12-090 per the Staff Report dated February 20, 2013, including Exhibits A-K which pertains to the Master Plan of the Commercial Center Core Area (7A) of the Southeast Plan overlay zone with an amendment to allow charging stations.
Moved by:  Dick Gordon              Seconded by:  John Michaels
 
Councilmember Michaels noted he would like to look at the charging station code language as it would apply to the entire city. 
 
Councilmembers discussed the amended text of the motion and the work done by the Southeast Plan Implementation Advisory Committee regarding the issue.
 
Motion to Amend:  Amend the main motion by striking the language pertaining to amending the code to allow charging stations.
Moved by:  Daniel Bunn               Seconded by:  Chris Corcoran
Roll Call on the Amendment:  Councilmembers Daniel Bunn, Chris Corcoran, Bob Strosser, Karen Blair, Eli Matthews, Al Densmore and John Michaels voting yes.  Councilmember Dick Gordon voting no.
Motion carried and so ordered.
 
Roll Call on Main Motion:  Councilmembers Dick Gordon, John Michaels, Karen Blair, Bob Strosser, Eli Matthews, Al Densmore, Daniel Bunn and Chris Corcoran voting yes.
Ordinance 2013-42 was duly approved.
 
130.   Ordinances and resolutions
 Item 130.1 was taken out of order.
        
140.   Further reports from the City Manager and staff
140.1    Mr. Swanson reported that the Regional Problem Solving Final Order  is anticipated to be released this week.
 
140.2    Parking Public Service Announcement
Mr. Swanson played a public service announcement produced to speak to the safety of the parking in downtown Medford. 
 
140.3    Rogue River Wastewater Discharge
Cory Crebbin, Public Works Director addressed the Council and provided an overview of the report that was submitted by a local fly fishing group.  He spoke to the methodology and measurement sites utilized for the report and that the report states that the Medford Water Reclamation Facility is causing issues with algae growth and drop in number of species of bugs in the river downstream from the facility.  He noted that the City had originally taken a cooperative approach in working with the Department of Environmental Quality but due to the relocation of the project review within that organization, the City staff will be looking at sampling consultants to determine if there are other issues that may be contributing to this reported issue.
 
140.4    Mr. Swanson reported that Jackson County has expressed concerned regarding the Coquille Tribe casino issue.
        
150.   Propositions and remarks from the Mayor and Councilmembers
150.1    Further Council committee reports
a.   Councilmember Blair addressed the Council and questioned the announcement of the grand opening of The Commons Park Block 1.  She noted that at the Landmarks & Historic Preservation Commission meeting it was reported that the finials have not been installed yet.  She also questioned the installation of benches and the involvement of the Arts Commission in the bench procurement.  Councilmembers discussed the construction project and noted that Mr. Iverson reported that they are still working on restoration of the finials and that Mr. Sjothun had reported that the benches are on order.  Councilmember Matthews suggested that Councilmember Blair speak with staff regarding the Arts Commission involvement with the benches.  Mr. Swanson noted that there are still final punch items to be completed but that the opening is moving forward to accommodate upcoming events such as the Pear Blossom Festival and the Farmers Market.
 
150.2    Further remarks from Mayor and Councilmembers
a.   Councilmember Densmore addressed the Council regarding the dedication of The Commons Park Block 1 being referred to as “The Meadows” .  He stated that the park block has not been named at this point and he would like to see the Parks & Recreation Commission address the naming of the park blocks.  He suggested that the community be invited to participate in the naming process.  
 
b.   Councilmember Michaels addressed the Council regarding the previous discussion of charging stations and noted he would like to see what other communities are doing regarding code language for this topic.
 
c.   Councilmember Strosser addressed the Council and requested discussion regarding the request from Mr. Dean Ayers to reconsider the code modification adopted by Council at the February 21, 2013 meeting.
 
Senior City Attorney Kevin McConnell noted that a motion to reconsider an item has to be made at the same meeting the item is approved and therefore could not be made at this meeting. 
 
Councilmembers suggested that a letter be sent to Mr. Ayers regarding this and Mr. Swanson noted staff would draft the letter.
 
d.   Councilmember Densmore reported on the Emergency Preparedness presentation made by Asst. to the City Manager Glenda Wilson on Sunday, March 3, 2013 at the Seventh Day Adventist Church.  He noted that over 100 individuals were in attendance, it was a good presentation and the audience was very engaged.
 
160.   Adjournment
There being no further business, the meeting adjourned at 9:26 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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