Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Thursday, April 04, 2013

                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
                                                                     April 4, 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 Karen Blair, Daniel Bunn, Dick Gordon, Al Densmore, Chris Corcoran, Eli Matthews, John Michaels and Bob Strosser.
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
20.     Approval or correction of the minutes of the March 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   Blue Sky Challenge Presentation
Hattie Berg, 3Degree Inc. representing the Pacific Power Blue Sky Program addressed the Council and announced the kickoff of the Medford Blue Sky Challenge. She noted that the goal is to increase Blue Sky Program participation in Medford by 25% by December 2013.  If successful, the City of Medford will receive a 1kw solar array that will be installed at a City location to help offset electrical costs.
Mayor Wheeler noted that a proclamation declaring the Blue Sky Challenge will be read into the record later in the meeting. 
30.2   Chris Smith – Smith West
Mr. Smith addressed the Council and provided an update on government relation activities.  He noted that Colby Marshal from Congressman Walden’s office has agreed to attend a future Council meeting to provide updates to the Council.  Mr. Smith spoke about sequestration and that Mr. Marshal will also address this when he presents.  He noted that sequestration is an across the board cut for Federal agencies budgets.  Mr. Smith also spoke to the climate adjudication process as it affects Four Mile reservoir which provides water for the Rogue Valley Irrigation District.  Councilmembers requested further information on this issue be forwarded to them and Mr. Smith noted he would send information.  Councilmember Densmore recommended that Mr. Smith request that sequestration cuts that cause an increased demand on local services be addressed.
30.3   City Manager Eric Swanson and Mayor Wheeler presented a certificate of accomplishment to Assistant to the City Manager Glenda Wilson who completed the League of Oregon Cities Local Government Management Certificate program.
30.4   Mike Montero, 4497 Brownridge Terrace, Medford addressed the Council regarding the passage of the Regional Problem Solving plan and the need to move forward with the implementation of the plan.  He spoke to Oregon Revised Statues and options in the statues regarding how local government assess land needs.  He encouraged Council to approve Agenda Item 40.1 and that the Council looks at the staute options as they move forward.  In particular, he requested that the option to include new measures that increase the likelihood that residential development will occur be considered.
30.5   Kevin Keating, 2520 Meadow Creek, Medford addressed the Council and requested that the City budget sufficient funds to remove the blackberry growth along Bear Creek Greenway.
Councilmember Densmore requested that staff provide a report on this issue and City Manager Swanson noted he would bring back information for Council.

40.     Consent calendar
40.1   REMOVED by Councilmember Bunn.
40.2   COUNCIL BILL 2013-49 An ordinance awarding a contract in the amount of $70,380 to Valley Electrical Contractors, Inc., for the Service Center Electrical Upgrade Project.
40.3   REMOVED By Councilmember Strosser.
40.4   REMOVED By Councilmember Strosser. 
Motion:  Adopt the consent calendar.
Moved by:  Al Densmore                          Seconded by:  John Michaels
Roll Call:  Councilmembers Al Densmore, John Michaels, Karen Blair, Bob Strosser, Dick Gordon, Chris Corcoran, Eli Matthews and Daniel Bunn voting yes.
Motion carried and Council Bill 2013-49 was duly adopted.
50.     Items removed from consent calendar
40.1   COUNCIL BILL 2013-48  A resolution initiating a General Land Use Plan Map amendment to reclassify 856 acres of land within the current Urban Growth Boundary (UGB). 
Councilmember Bunn noted he would recuse himself as he has an ownership interest in one of the parcels identified.
Motion:  Adopt the resolution.
Moved by:  John Michaels                                    Seconded by:  Eli Matthews
Councilmembers discussed the terminology of SFR 10 as low density.  Councilmember Strosser expressed a desire to further review the information and questioned if a delay in this item would be an issue.  John Adam, Planner IV noted that this item could be delayed without issue.
Motion: Table Resolution 2013-48.
Moved by:  Bob Strosser                         Seconded by:  Chris Corcoran
Roll Call:  Councilmember Bob Strosser, Chris Corcoran, Karen Blair, Dick Gordon and Eli Matthews voting yes.  Councilmembers Al Densmore and John Michaels voting no.  Councilmember Daniel Bunn abstained.
Motion passed and so ordered.
40.3   COUNCIL BILL 2013-50  An ordinance awarding a three-year contract to Bill Trust to provide utility billing services.
Councilmember Strosser requested a staff report.  Cory Crebbin, Public Works Director and Lorraine Peterson, Public Works Business Manager addressed the Council regarding the implementation of transferring the utility billing to the City of Medford.  Ms. Peterson updated the Council and noted that this process is moving forward extremely well.  She noted that staff is anticipating being ready to go live on July 1 as scheduled.  She spoke to the effectiveness of the customer education program and the positive feedback that is being received regarding the transition.  Ms. Peterson noted that twelve different outreach efforts have been undertaken and staff will also have an information booth at the Pear Blossom Street Fair.
Motion:  Adopt the ordinance.
Moved by:  Bob Strosser                         Seconded by:  John Michaels
Roll Call:  Councilmembers Bob Strosser, John Michaels, Eli Matthews, Dick Gordon, Al Densmore, Daniel Bunn, Chris Corcoran and Karen Blair voting yes.
Ordinance 2013-50 was duly adopted.

40.4   COUNCIL BILL 2013-51  An ordinance awarding a three-year contract to Bank of the Cascades and Retail Lockbox, Inc., to provide utility payment processing services.
Motion:  Adopt the ordinance.
Moved by:  Bob Strosser                         Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Bob Strosser, Chris Corcoran, Karen Blair, John Michaels, Eli Matthews, Daniel Bunn, Al Densmore and Dick Gordon voting yes.
Ordinance 2013-51 was duly adopted.
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2013-52  An ordinance amending Sections 2.503 and 2.507 of the Medford Code pertaining to contracting and purchasing.
Motion:  Adopt the ordinance.
Moved by:  John Michaels                                    Seconded by:  Al Densmore
Councilmember Gordon questioned the language pertaining to the issue of defense for ethical issue.  
Motion to Amend:  Amend to add “unless approved by resolution by Council” pertaining to issue of defense for ethical issue.
Moved by:  Dick Gordon                          Seconded by:  Bob Strosser
City Attorney John Huttl provided a staff report on the proposed revisions and noted that this will align the City’s internal processes with procurement authority set by state law.
Councilmember Matthews noted that he believes this is a good move but that he will be abstaining from voting as he has an interest in the outcome.
Roll Call on the Amendment:  Councilmembers Dick Gordon, Bob Strosser, John Michaels, Daniel Bunn,  Al Densmore, Karen Blair, Chris Corcoran and Al Densmore voting yes.  Councilmember Eli Matthews abstained.
Motion carried and so ordered.
Roll Call on the Main Motion:  Councilmembers John Michaels, Al Densmore, Dick Gordon, Chris Corcoran, Karen Blair, Daniel Bunn, Bob Strosser and John Michaels voting yes.  Councilmember Eli Matthews abstained.
Ordinance 2013-52 was adopted as amended.
60.2   COUNCIL BILL 2013-53  A resolution authorizing the position of Project Manager in the City Manager’s office.
Motion:  Adopt the resolution.
Moved by:  Al Densmore                          Seconded by:  John Michaels
City Manager Eric Swanson provided a staff report and noted that this position will be responsible for the duties in support of emergency management coordination.   He noted that the financial impact listed on the agenda item commentary includes the personnel costs as well as the necessary material and services budget and a one-time capital outlay.  Councilmember Gordon questioned if this will be included in the upcoming budget and Mr. Swanson noted it would be.  Councilmember Matthews spoke in support of the position as the City of Medford needs to make the effort to be prepared for a disaster.  Councilmember Densmore noted that this is one paid position but it is intended to leverage support of the community and volunteers.  Councilmember Corcoran noted he supported the need to preparedness but felt that this position cost for personnel services seemed high.
Roll Call:  Councilmembers Al Densmore, John Michaels, Karen Blair, Daniel Bunn, Dick Gordon, Eli Matthews and Bob Strosser voting yes.  Councilmember Chris Corcoran voting no.
Resolution 2013-53 was duly adopted.
70.     Public Hearings
70.1   Consider an appeal of the Finance Director’s denial of a taxi driver ID card for Kevin Haney.
Police Chief Tim George addressed the Council and provided the basis for the denial.  Mr. Haney was convicted of drug offense within five years of application and the Medford Code therefore prohibits issuance of the license.  Mr. Haney is on parole for delivery of methamphetamine.
Public hearing opened.
Public hearing closed.
Motion:  Deny the appeal.
Moved by:  Bob Strosser                         Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Bob Strosser, Chris Corcoran, Karen Blair, Daniel Bunn, Al Densmore, Dick Gordon, Eli Matthews and John Michaels voting yes.
Motion carried and so ordered.
70.2   COUNCIL BILL 2013-54  An ordinance authorizing exemption from competitive bidding and awarding a design-build contract in an amount not to exceed $474,000 to Adroit Construction Co., Inc., for the design and construction of the Police Department’s Property Control Facility, Phase 2.
Police Chief Tim George addressed the Council and provided the background on the project.  He noted the project was approved in a previous budget and how the project would be funded.  An initial Request for Proposal (RFP) was issued last September but there was only one responder and the response was higher than budgeted funds.  The scope of the project was then revised and a new Request for Proposal was issued.   There were four responders to the second RFP and based on the evaluation criteria, Adroit Construction Company was the selected responder.  He noted that members of the selection review committee are available to address questions if necessary. 
Greg McKown, Facilities Management Supervisor and Project Manager for the Parks & Recreation Department addressed the council and reviewed the RFP advertising and scope of work.  He noted that the City has followed all purchasing and bidding rules and the proposal presented for adoption meets the requirements for best and highest public benefit.
Public hearing opened.
Councilmember Strosser reported exparte communication from Randy Cleveland, Ray Kessler, and Russ Batzer.
Mayor Wheeler reported exparte communication from Ausland Construction.
Councilmember Bunn reported exparte communication from Batzer Construction.
Councilmember Gordon reported exparte communication from Kelsy Ausland.  He noted he had played bridge for years with Jack Batzer and that he considers Cory Vitus a personal friend.  He noted this will be a difficult decision.
  1. Russ Batzer, 3788 Pinetop, Medford addressed the Council and the protest filed on behalf of his company.  He spoke to three issues of the process that he feels are flawed.
  1. Bob Mayers, Adroit Construction, 4890 Hwy. 66, Ashland addressed the Council regarding the proposal evaluation criteria as listed in the RFP that states that any applicant with questions should contact Anne Gordon at the Parks & Recreation Department. He noted that none of the responders questioned the evaluation criteria. He noted that the other submissions did not include all permits or system development charges therefore making their bids appear lower.  He spoke to the other proposals not meeting timelines, cost differences.  He spoke to guarantee price which the other proposers did not address and encouraged the Council to approve the ordinance.

  1. Kelsy Ausland, 100 E Main St., Medford addressed the Council regarding the bid submission.  She noted that there are three construction companies appealing this award and that should indicate that there is something that is wrong.  She spoke to the findings not being adopted until todays’ action.  She requested that this ordinance not be approved.
  1. Dick Stark, 100 E. Main St., Suite M, Medford representing Vitus Construction, addressed the Council and requested that the Council deny the ordinance.  He spoke to the communication issue that has occurred with this process.  He distributed the scoring sheets and questioned the evaluation scoring methodology.
Councilmembers questioned continuation of the public hearing given the lateness of the hour.  Council concurred to continue the meeting for fifteen minutes.
Public hearing closed.
City Attorney Huttl addressed the Council and provided information supporting the legal basis of the ordinance.
Motion:  Deny the ordinance
Moved by:  Chris Corcoran                       Seconded by:  Dick Gordon
Tim George, Police Chief addressed the Council and noted that staff has additional information to present on the evaluation and award process.  Greg McKown addressed the Council and spoke to the design-build process and that each of the bidders is familiar with this process.  All responders submitted five examples of design-build projects they had done previously. 
Councilmember Corcoran questioned the change in the scope of work from the previous RFP and Mr. McKown noted that specific criteria were address and removed such as the elevator.  Councilmember Gordon questioned if staff indicated that Metal Masters was recommended as a sub-contractor and Mr. McKown noted that Metal Masters had completed the work for the drug exhaust system in the first phase and that they would be recommended as the second phase would affect that work.
*Councilmember Chris Corcoran left the meeting.
Councilmember Bunn noted he did not have an issue with the exemption from competitive bidding but was concerned with the evaluation scoring.  Mr. McKown noted that the ability of the bidder to communicate the overall approach demonstrated how well the bidder followed what was needed and listed in the RFP.  The evaluation committee felt that Adroit Construction understood the project the best.
*Councilmember Chris Corcoran returned to the meeting.
Councilmember Densmore questioned why cost was not more important in the evaluation criteria and Mr. McKown noted that rates/expenses are fluid in a design-build project and are based on communication between the bidder and the project owner.
Councilmember Corcoran spoke to his motion and noted he would like to see the RFP reissued.
Mayor Wheeler noted that the bids are within $15,000-$20,000 of each other except for the Vitus Construction bid. 
Councilmember Bunn noted he would like to see a policy decision as to why the City would not go with the low bidder but felt that this is a separate issue from this topic.  City Attorney Huttl noted that the low bid is the general rule unless done through an exemption from competitive bidding process as allowed by state procurement law.
Councilmember Strosser stated he would like to express his appreciation for the concern being brought forward by these companies noted on the record.
Councilmember Gordon questioned if this was denied what the next steps in the process would be and Mr. Huttl noted that it would be a new solicitation of the project and that staff would need to provide clarity of the reason for requesting the exemption from competitive bidding.
Roll Call:  Councilmembers Chris Corcoran, Dick Gordon, Karen Blair, Daniel Bunn, Al Densmore, Eli Matthews and Bob Strosser voting yes.  Councilmember John Michaels voting no.
Motion carried and so ordered.
Mayor Wheeler noted the meeting will be re-convened at 7:00 p.m. in Council Chambers.
Mayor Wheeler reconvened the meeting at 7:00 p.m. with the same persons present.
80.     City Manager and other staff reports
80.1   Update on Jackson County Parking Garage project
Mr. Swanson presented the Jackson County’s parking facility proposal which is a continuation of a previous study session. The County has approached the City with two proposals regarding the parking facility adjacent to the soon to be built Health and Human Services Department. Staff asked direction to 1) build the 7th floor of the Jackson County parking garage for $1,675,000;  2) to reserve and permit future construction of the 7th floor for a cost of $75,000; or 3) to do nothing at this time.
Police Chief Tim George noted that the police facility would have a three-story secured parking garage that would be built with the police facility. The 7th floor parking would only be for displaced parking for staff. Council discussed their concerns with the uncovered 7th floor, uncontrolled maintenance fees, cost, our timeline vs. Jackson County’s, financial impact and funding, the number of parking stalls on the 7th floor vs. the police facility, the possibility of adding an additional parking floor to the police facility, and finally potential surface parking around City Hall. Council requested staff look for potential surface parking by the next meeting as well as explore financing options for the entire police project. City Manager Swanson stated that staff will bring back options on surface parking, financing options and inform the County that we are not ready to make a decision.
80.2   Further reports from City Manager.
 a.   The updated council schedule is available; the Coquille Tribe study session has been added to the schedule. Councilmember Corcoran stated that he would be out of town that day.
b.   Mr. Swanson stated that council had given staff direction pertaining to the Heritage District but this item will be delayed to the next council meeting.
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               Medford Blue Sky Challenge Kickoff, April 4, 2013
               National Service Recognition Day, April 9, 2013
               Fair Housing Month, April 2013
               Water Conservation Month, April 2013
90.2   Further Council committee reports.
a.   Councilmember Strosser stated that the Water Commission’s study session was requested and presented by the City of Ashland pertaining to Emergency Management. Ashland is focused on water conservation which is helping them to hold off building a $30 million plant. The WISE project award will be brought forth from Manager Larry Rains. There was discussion of a SDC study at the request of the Other Cities customers. Councilmember Strosser noted that the Water Commission was formed under our Charter and we are a treat and transport facility yet the Other Cities are continuing to question what we are charging. What we are charging is no more than 25% of what they charge their residents. The separation of utility bills and the question of payments were discussed as well.

90.3   Further remarks from Mayor and Councilmembers.
a.   Councilmember Densmore noted there is a draft pertaining to legislative priorities  at council places. He stated that, as Council President, he would be able to designate Council representatives for interaction with the legislative representatives on short notice. This topic will be presented at an upcoming study session as well as the League of Oregon Cities legislative priorities.
100.   Adjournment
The meeting adjourned to executive session at 7:50 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
Karen Spoonts
Deputy City Recorder

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