Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, June 06, 2013

                                                                              
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                     June 6, 2013
                                                                          Noon
 

 
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, Al Densmore, Chris Corcoran, Dick Gordon, Eli Matthews and John Michaels (*left and returned as noted).
 
Councilmember Bob Strosser was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
 
Employee of the Quarter
Rick Rohrbough, Fire Captain was recognized as the Employee of the Quarter.
 
Employee Retirement
 
20.     Approval or correction of the minutes of the May 16, 2013 regular meeting
         There being no corrections or amendments the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
a.     Mayor Wheeler read a proclamation for United States Army Week, June 9-15, 2013 and presented it to Sgt. First Class Jorge Figueroa.
 
b.     Bill Dames, 243 S. Holly, Medford addressed the Council and spoke to the upcoming budget allocations for the City and the Urban Renewal Agency and requested funding to complete the renovation of the street lights.  He also spoke regarding Lyle Stewart who was instrumental in the development of urban renewal district and requested the Agency look at recognizing his efforts.
 
c.     Brent Barry, President of the Alba Sister City Association addressed the Council and provided a report on the Taste of Alba event. The event was a success and they are looking forward to next year’s event.  He thanked the Council for their support of the future event. 
 
Motion:  Reimburse up to $1000 towards the 2013 Taste of Alba Event.
Moved by:  Al Densmore                          Seconded by:  Daniel Bunn
 
Council discussion regarding the motion.  Finance Director Alison Chan addressed the Council and noted that Special Events are approved for “in-kind” donation except for the Martin Luther King and Taste of Alba event which will be reimbursement of expenses as per Council direction.
 
Roll Call:  Councilmembers Al Densmore, Daniel Bunn, Karen Blair, Chris Corcoran, John Michaels, Eli Matthews and Dick Gordon voting yes.
Motion carried and so ordered.
 
d.     Sally Densmore, President of Heart of Medford Association addressed the Council and provided an update on the development of the Economic Improvement District (EID).  She requested that the Council direct staff to prepare the EID ordinance and bring forward at a future meeting.
 
Motion:  Direct staff to develop ordinance pertaining to establishment of the Economic Improvement District and bring forward for Council consideration.
Moved by:  Dick Gordon                          Seconded by:  John Michaels
Roll Call:  Councilmembers Dick Gordon, John Michaels, Karen Blair, Daniel Bunn, Eli Matthews, Al Densmore and Chris Corcoran voting yes.
Motion carried and so ordered.

 
40.     Consent calendar
40.1   COUNCIL BILL 2013-74  A resolution authorizing the initiation of an amendment to the Medford Code and to the Citizen Involvement Element of the Medford Comprehensive Plan pertaining to citizen involvement on City commissions and committees.
 
40.2   COUNCIL BILL 2013-75  An ordinance awarding a contract in the amount of $607,777 to Knife River Materials, Inc. to overlay various city streets.
 
Motion:  Adopt the consent calendar.
Moved by:  John Michaels                                    Seconded by:  Eli Matthews
Roll Call:  Councilmembers John Michaels, Eli Matthews, Karen Blair, Daniel Bunn, Dick Gordon, Al Densmore and Chris Corcoran voting yes.
Motion carried and the following Council Bills were duly adopted:  2013-74 and 2013-75.
 
50.     Items removed from consent calendar
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2013-76 An ordinance authorizing a Purchase and Sale Agreement with DHD, LLC, in the amount of $1,600,000 plus closing costs for the City’s acquisition of real property located at 200 North Riverside Avenue.
 
Motion:  Adopt the ordinance.
Moved by:  Al Densmore                          Seconded by:  Chris Corcoran
 
Councilmember Densmore spoke to the benefit of the project in addressing potential parking needs and revitalization of the site.  He spoke to the potential for implementation of the Bear Creek master plan as it abuts this property.  Councilmember Corcoran questioned the sales price of the property that is being purchased as it was reported in the Mail Tribune.  He asked what the City’s portion of the price was and Mr. Hoke noted he did not know what the partners are paying for the full property.  However, based on the surrounding comparable sales, he feels this purchase price is a fair price.  Councilmember Bunn raised several questions regarding the easement and the environmental issues. 
 
Roll Call:  Councilmembers Al Densmore, Chris Corcoran, Dick Gordon, Daniel Bunn, Karen Blair, Eli Matthews and John Michaels voting yes.
Ordinance 2013-76 was duly approved.
 
60.2   COUNCIL BILL 2013-77  A resolution authorizing the transfer of $1,700,000 from the General Fund Contingency Account to the City Management Capital Outlay Account for purchase of real property located at 200 North Riverside Avenue.
 
Motion:  Adopt the resolution.
Moved by:  Al Densmore                          Seconded by:  John Michaels
Roll Call:  Councilmembers Al Densmore, John Michaels, Eli Matthews, Dick Gordon, Daniel Bunn, Karen Blair and Chris Corcoran voting yes.
Resolution 2013-77 was duly adopted.
 
60.3   COUNCIL BILL 2013-78  A resolution adopting recommendations from the Parks and Recreation Commission pertaining to the naming of the park blocks in The Commons Project.
 
Motion:  Adopt the resolution.
Moved by:  Al Densmore                          Seconded by:  Eli Matthews
Roll Call:  Councilmembers Al Densmore, Eli Matthews, Karen Blair, John Michaels, Daniel Bunn, Dick Gordon and Chris Corcoran voting yes.
Resolution 2013-78 was duly adopted.                 

60.4   COUNCIL BILL 2013-79  An ordinance authorizing an exception to the Medford Code to allow Hungry Goats 4 Hire to use goats for vegetation control in Medford.
 
Motion:  Adopt the ordinance.
Moved by:  John Michaels                                    Seconded by:  Daniel Bunn
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Karen Blair, Chris Corcoran, Dick Gordon, Eli Matthews and Al Densmore voting yes.
Ordinance 2013-79 was duly adopted.
 
70.     City Manager and other staff reports
70.1   Medford Water Commission Utility System Payment
Mr. Swanson spoke to the settlement payment to be made to the Medford Water Commission for the costs to address methodology changes in the new billing system.
 
70.2   Mr. Swanson spoke to the completion of the budget hearings and expressed appreciation to Finance Director Alison Chan and the staff for the work accomplished.
 
70.3   Mr. Swanson addressed the Council regarding a draft press release concerning the Coquille Casino issue.  He requested Council direction to move forward with the communication efforts with the Bureau of Indian Affairs in Washington D.C. 
 
Motion:  Direct staff to finalize the press release.
Moved by:  Daniel Bunn                           Seconded by:  Karen Blair
Roll Call:  Councilmembers Daniel Bunn, Karen Blair, Al Densmore, Dick Gordon, Eli Matthews, John Michaels and Chris Corcoran voting yes.
Motion carried and so ordered.
 
70.4   Mr. Swanson spoke to the Highway 62 project summary information sheet provided for the Council information.  The project Environmental Impact Statement has been completed.  The project will be completed in two phases and Phase 1 is anticipated to begin construction in the summer of 2014.  Councilmember Densmore requested a staff report on any changes in the ODOT design of Phase 1.
 
70.5   Cory Crebbin, Public Works Director addressed the Council and provided an update on the Department of Environmental Quality issue regarding the sewer effluent discharge to the Rogue River that was brought forward by a local fly fishers group.  He noted that staff has added some additional testing into the regular mixing zone study that is planned for later this year.  The additional testing will provide information regarding the issue.
 
70.6   Cory Crebbin, Public Works Director provided an update on the utility billing process for the City.  He noted the new billing will begin in July 2013.  The City will be billing once a month on the 15th.  He spoke to the impacts of the switch over initially and the customer education efforts that have occurred. 
 
*Councilmember Michaels left the meeting.
 
70.7   Mr. Swanson noted that the State of the City presentation will be given at the July 22nd Medford Forum.  This is a joint presentation by the Mayor, Council President and City Manager.
 
70.8   Mr. Swanson spoke to the discussions and process that has been initiated to look at collaboration with Fire District #3.
 
70.9   Mr. Swanson reported that through the end of May this year Building Safety Department has processed with permit values that exceed the last two years combined. 
 
*Councilmember Michaels returned to the meeting.

70.10 Mr. Swanson spoke to an email received regarding the recent police activity regarding a firearms issue.  The email spoke in appreciation and support of the Medford Police Department and Chief George.
 
80.     Propositions and remarks from the Mayor and Councilmembers
80.1   Proclamations issued:
               None
 
80.2   Further Council committee reports.
 a.   Board and Commission Appointments
 
Cemetery Commission: 1 partial term vacancy ending 1/31/2014.  There was one applicant, Paul Shoemaker.
 
Motion:  Appoint Paul Shoemaker to the partial term vacancy ending 1/31/2014 on the Cemetery Commission.
Moved by:  Daniel Bunn                           Seconded by:  Karen Blair
Roll Call:  Councilmembers Daniel Bunn, Karen Blair, Chris Corcoran, Al Densmore, Dick Gordon, Eli Matthews and John Michaels voting yes.
Motion carried and so ordered.
                 
Multicultural Commission: 1 partial term vacancy ending 1/31/2015.  There was one applicant, Robert Bury.
 
Motion:  Appoint Robert Bury to the partial term vacancy ending 1/31/2015 on the Multicultural Commission.
Moved by:  Chris Corcoran                       Seconded by:  Dick Gordon
Roll Call:  Councilmembers Chris Corcoran, Dick Gordon, Al Densmore, Eli Matthews, John Michaels, Daniel Bunn and Karen Blair voting yes.
Motion carried and so ordered.
 
Planning Commission:  1 partial term vacancy ending 1/31/2016 and 1 partial term vacancy ending 1/31/2015.  Applicants were Richard Foster, James Greathouse, William Mansfield, Michael McDermott, Alec Schwimmer and Joe Tonkovich.
 
Councilmember Matthews noted he would abstain as he did not interview the applicants.
        
Roll Call for partial term vacancy ending 1/31/2016
         Blair:  Alec Schwimmer
         Bunn: Alec Schwimmer
         Corcoran:  William Mansfield
         Densmore:  William Mansfield
         Gordon:  William Mansfield
         Matthews: Abstained
         Michaels:  Alec Schwimmer
         Wheeler:  Alec Schwimmer
 
Results:  Alec Schwimmer received four votes, William Mansfield received three votes, all others received no votes and there was one abstention.
Alec Schwimmer was appointed to a partial term ending 1/31/2016.
 
Roll Call for partial term vacancy ending 1/31/2015
         Blair:  Michael McDermott
         Bunn:  Michael McDermott
         Corcoran: William Mansfield
         Densmore:  William Mansfield
         Gordon:  William Mansfield
         Matthews:  Abstained
         Michaels:  Michael McDermott
         Wheeler:  William Mansfield
 
Results:  William Mansfield received four votes, Michael McDermott received three votes, all others received no votes and there was one abstention.
William Mansfield was appointed to a partial term ending 1/31/2015.
 
b.   Councilmember Densmore noted that it is time for the City Manager’s annual review and that evaluation packets will be distributed to the Council at the evening meeting.  Councilmembers are requested to return their evaluation to the City Recorder by June 14th and an executive session has been scheduled for the review on June 19th.
 
c.   Councilmember Densmore distributed a draft evaluation form for Council to review.  The form will be used to gather Council feedback on the performance of the government relations contracts.  Councilmembers are requested to complete the form and turn into the City Recorder’s office by June 17th.  It was noted that Smith West will be forwarding information regarding their performance as well and this will be shared with Councilmembers.
        
80.3   Further remarks from Mayor and Councilmembers.
a.      Rogue Valley Council of Governments (RVCOG) – Region V Crisis Diversion Services
Councilmember Gordon addressed the Council regarding this issue as he would like Council direction on voting on this at the next Rogue Valley Council of Governments meeting.  He noted that this service agreement will be for a five county area and there is a question as to whether RVCOG which was formed to cover Jackson and Josephine Counties could legally provide the service.  There was also discussion as to cost impacts.
 
Mike Cavallaro, Executive Director of RVCOG, provided information on the program.  He noted that the State of Oregon Human Services requested that RVCOG take on this service.  Mr. Cavallaro reviewed the legal implications of servicing the larger five county area and RVCOG legal counsel has advised that this is appropriate.  In regards to the funding for the program it is provided by the State.
 
Councilmembers concurred to support RVCOG providing the service.
 
90.     Adjournment to Evening Session
         Meeting adjourned to the evening session at 1:51 p.m.
 
****************************************************************************
 
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 Dick Gordon, Karen Blair, Daniel Bunn, John Michaels, Eli Matthews and Chris Corcoran.
 
Councilmembers Bob Strosser and Al Densmore were absent.
 
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
110.1    Lorrie Petersen, 1532 Nottingham Circle, Medford expressed concerns regarding Jeffrey Rahenkamp who is planning to open a new business at the former Shenanigans.  She spoke to her belief that Mr. Rahenkamp is a liar and does not keep his word.  She expressed concern that the “Last Band Standing” event being held at the Havana and she is opposed to this occurring when she was told that prior she was not allowed to do so when she ran Shenanigans. 
 
120.   Public hearings
City Attorney John Huttl read a statement regarding the rules governing quasi-judicial hearings.
 
120.1    COUNCIL BILL 2013-80  An ordinance proclaiming annexation to the City of Medford of an approximate 1.03 acre parcel located on the north side of Rossanley Drive, approximately 350 feet west of its intersection with Sage Road, and concurrent zone change from County LI (Light Industrial) to City I-G (General Industrial) and withdrawal of said property from Medford Rural Fire Protection District No.2, effective when notice is received from the Secretary of State.  (A-12-072/ZC-12-097) (Land Use, Quasi-judicial)
 
Planning Director Jim Huber provided a staff report and noted that this annexation meets all applicable criteria.  Planning Commission and staff recommend approval.
 
Public hearing opened.
1.   Jim Maize, P.O. Box 628, Medford representing the property owner addressed the Council regarding the annexation.  He stated that the applicant has met the requirements for annexation and is requesting Council consideration.
Public hearing closed.
 
Motion:  Adopt the ordinance.
Moved by:  John Michaels                                    Seconded by:  Daniel Bunn
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Eli Matthews, Chris Corcoran, Dick Gordon and Karen Blair.
Ordinance 2013-81 was duly adopted.
 
120.2    COUNCIL BILL 2013-81  An ordinance amending Sections 10.012, 10.031, 10.314, 10.337, 10.378, and 10.859, repealing Sections 10.841 through 10.858, and replacing Section 10.840 of the Medford Code pertaining to temporary mobile units and other temporary uses. (DCA-12-074) (Land Use, Legislative)
 
Suzanne Myers, Principal Planner addressed the Council and presented a staff report.  She noted that this action was directed by Council to address a citizen request regarding mobile vet services.  She noted that the code amendment meets approval criteria and the Planning Commission and staff are recommending approval.
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the ordinance as amended to allow up to 48 hours before unit must be moved.
 Moved by:  John Michaels                                    Seconded by:  Eli Matthews
 
Councilmembers questioned the impact on local non-profit organizations such as the Goodwill and potential for vendors such as medical dispensaries.  Deputy Chief Tim Doney noted that medical dispensaries are licensed by the State of Oregon.
 
Roll Call:  Councilmembers John Michaels, Eli Matthews, Daniel Bunn and Chris Corcoran voting yes.  Councilmembers Karen Blair and Dick Gordon voting no.
Ordinance 2013-81 was passed to a second reading.
 
120.3    COUNCIL Bill 2013-82  An ordinance amending Sections 10.012, 10.314, 10.337, 10.813, and repealing Section 10.829 of the Medford Code pertaining to canine daycare setbacks.  (DCA-13-026) (Land Use, Legislative)
 
John Adam, Planner IV addressed the Council and provided a staff report.  He noted that the amendments are brought forward as directed by Council to address a citizen request.  The amendments proposed meet applicable criteria and the Planning Commission and staff recommend approval.
 
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the ordinance.
Moved by:  Chris Corcoran                       Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Chris Corcoran, Daniel Bunn, Karen Blair, John Michaels, Eli Matthews and Dick Gordon voting yes.
Ordinance 2013-82 was duly adopted.
 
120.4    COUNCIL BILL 2013-83  An ordinance amending Section 6.730 of the Medford Code pertaining to landscaping in the right-of-way.  (DCA-13-030) (Land Use, Legislative)
 
Planning Director Jim Huber provided a staff report and details on the proposed amendments. He noted that the staff report will be for Agenda Items 120.4 and 120.5.  He introduced the members of the Water Conservation Committee who were in attendance and noted that some of the members will be speaking to the proposed code amendments. 
 
Desmond McGeough, Planner II and Laura Hodnett, Public Information Coordinator for the Medford Water Commission addressed the Council.  Mr. McGeough noted that the Planning Commission and staff are recommending approval of the amendments.  Ms. Hodnett addressed the Council and provided further background on the reasons for the work in conservation. 
 
Councilmembers questioned the demonstration garden and differences between commercial and residential landscaping.
 
Mayor Wheeler called a 10 minute break.
********************************************
Meeting reconvened with same persons present.
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the ordinance.
Moved by:  John Michaels                                    Seconded by:  Chris Corcoran
Roll Call:  Councilmembers John Michaels, Chris Corcoran, Karen Blair, Daniel Bunn, Dick Gordon and Eli Matthews voting yes.
Ordinance 2013-84 was duly adopted.
 
120.5    COUNCIL BILL 2013-84  An ordinance amending Sections 10.012, 10.247, 10.287, 10.746, 10.780, 10.790, and 10.797 of the Medford Code pertaining to landscaping and irrigation requirements.  (DCA-13-030) (Land Use, Legislative)
 
Public hearing opened.
  1. Karen Marshall, P.O. Box 793, Medford, addressed the Council and thanked the members of the committee.  She expressed concerns regarding the proposed qualifications required for irrigation design.  She spoke to the state requirements for commercial work, but feels the restrictions proposed are not appropriate for general landscape work.
 
Councilmembers questioned and discussed the code language and requirements for approval of landscape design.
 
  1. John Galbraith, 318 S. Grape St., Medford addressed the council and spoke to the steps he has taken to improve his certifications as a landscape architect.  He is regulated by the state and feels this code change is a way to regulate what occurs in the City. 
 

Councilmember Bunn questioned the change in the net landscaping requirement in parking areas and Mr. Galbraith spoke to the need for sufficient earth area for tree and plant growth.  He noted that narrow parking landscape strips are difficult to maintain and keep plants alive. 
 
  1. Greg Mead, Chair of the Water Conservation Committee addressed the Council and spoke to his experience providing landscape maintenance in Medford.  He noted the current code language encourages water waste. He addressed the increase in parking lot landscape is to appropriately deal with tree soil needs. 
 
  1. Pete Young, Parks and Recreation Park Planner addressed the Council and spoke his experience in landscape and irrigation.  He served on the committee and supports the code amendments.
Public hearing closed.
 
Motion:  Adopt the ordinance as amended in Section 10.746.
Moved by:  John Michaels                                    Seconded by:  Chris Corcoran
Roll Call:  Councilmembers John Michaels, Chris Corcoran, Eli Matthews, Dick Gordon, Karen Blair and Daniel Bunn voting yes.
Ordinance 2013-84 was duly adopted as amended.
 
130.   Ordinances and resolutions
         None
        
140.   Further reports from the City Manager and staff
         None
 
150.   Propositions and remarks from the Mayor and Councilmembers
150.1    Further Council committee reports.
a.   Councilmember Corcoran reported on the Water Commission meeting and distributed information regarding water flows.  
        
150.2    Further remarks from Mayor and Councilmembers.
a.   Councilmember Gordon addressed the Council regarding the deed and restrictive covenant draft distributed.  Mr. Huttl noted that this was presented to the Council to address issue brought forward at the noon session.
 
160.   Adjournment
There being no further business the meeting adjourned at 9:50 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
 
 
 

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