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City Council

Minutes
Thursday, June 20, 2013

 MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
June 20, 2013
 
The meeting was called to order at noon in Council Chambers, 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, John Michaels, Eli Matthews and Chris Corcoran.
 
City Manager Eric Swanson; City Attorney John Huttl; City Recorder Glenda Wilson.
 
Employee Recognition
Employees from the Police Department were recognized for their years of service.
 
New Employees
Zachary Earl, Public Works Engineering Technician II was introduced.
 
Retirements
Dennis Templer, Public Works Technician, Sr. was recognized for his years of service and presented with a retirement plaque.
 
20.     Approval or correction of the minutes of the June 6, 2013 regular meeting
There being no corrections the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Bruce Abeloe, representing the Parking Commission addressed the Council and requested $15,000 to perform a traffic study to determine the feasibility of diagonal parking on Main Street and other bicycle/pedestrian issues in downtown.
 
Councilmembers discussed the request and suggested that a study session on this topic be scheduled before making a decision on the funding.
 
40.     Consent calendar
         None
 
50.     Items removed from consent calendar
 
60.     Ordinances and resolutions
60.1   SECOND READING 
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)
 
Motion:  Adopt the ordinance to allow temporary mobile units that provide medical services to humans or animals and temporary mobile units for nonprofit organizations, and to make housekeeping revisions to the temporary uses provisions, including changing the length of time the units can be in one location without moving to once every 48 hours.
Moved by:  Al Densmore                          Seconded by:  Chris Corcoran
 
Councilmember Gordon addressed the motion and stated that he is troubled by this item, feels the delivery of services and merchandise has changed so dramatically with internet, only a few things that would be sold on street corner years ago and this action could have far reaching implications.  While he supports the veterinary mobile and some non-profits he is concerned about what could be sold in the future and he would like this action limited to the original request.  This would create too big of a window for things we may not want.
 
Councilmember Bunn questioned effect if approved today and then later repealed.  City Attorney Huttl noted that any approvals granted after today would be grandfathered if the code was later repealed.
 
Roll Call:  Councilmembers Al Densmore, Chris Corcoran, Daniel Bunn, Eli Matthews, John Michaels and Bob Strosser voting yes. Councilmembers Dick Gordon and Karen Blair voting no.
Ordinance 2013-84 was duly adopted.
 
60.2   COUNCIL BILL 2013-85  An ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional employees pertaining to positions in the City Manager’s Office.
 
Motion:  Adopt the ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional Employees of the City of Medford.
Moved by:  Chris Corcoran                       Seconded by:  Eli Matthews
Roll Call:  Councilmembers Chris Corcoran, Eli Matthews, Karen Blair, Dick Gordon, Daniel Bunn, Bob Strosser, John Michaels and Al Densmore voting yes.
Ordinance 2013-95 was duly adopted.
 
60.3   COUNCIL BILL 2013-86  An ordinance awarding a contract in the amount of $1,678,711.75 to Knife River Materials, Inc. to construct street improvements on Holly Street from Holmes Ave. to Dove Lane.
 
Motion:  Adopt the ordinance awarding a contract in the amount of $1,678,711.75 to LTM, Inc. dba Knife River Materials, for street improvements on Holly Street: Holmes Avenue to Dove Lane.
Moved by:  Bob Strosser                         Seconded by:  Daniel Bunn
 
Council expressed appreciation to staff for the work done to bring the project forward.  Cory Crebbin, Public Works Director noted that this is one of the 17 Street Projects and work for land use permits for this project began in 2006.
 
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, John Michaels, Eli Matthews, Dick Gordon, Al Densmore, Chris Corcoran and Karen Blair voting yes.
Ordinance 2013-86 was duly adopted.
 
60.4   COUNCIL BILL 2013-87  An ordinance authorizing the taking of real property by eminent domain action to acquire right-of-way for the construction of the Jackson Street and Stevens Street Alleys project.
 
Motion:  Adopt the ordinance declaring the need to acquire real property and authorizing the taking of real property by eminent domain action for the Jackson Street & Stevens Street Alleys project.
Moved by:  Daniel Bunn                           Seconded by:  Bob Strosser
Roll Call:  Councilmembers Daniel Bunn, Bob Strosser, Karen Blair, Dick Gordon, Al Densmore, Eli Matthews, John Michaels and Chris Corcoran voting yes.
Ordinance 2013-87 was duly approved.
 
60.5   COUNCIL BILL 2013-88  An ordinance authorizing a Purchase and Sale Agreement in the amount of $236,000 to acquire approximately 2.36 acres of land from Frank and Joyce Goddard for the Southeast Plan Area greenway.
 
Motion:  Adopt the ordinance authorizing a Purchase and Sale Agreement in the amount of $236,000 to acquire approximately 2.36 acres of land from Frank and Joyce Goddard for the Southeast Plan Area greenway.
Moved by:  Bob Strosser                         Seconded by:  Al Densmore
 
Councilmember Michaels noted he would not be supporting the motion as the project scope has grown too far and the funding for the purchase is not clear.  He does not support the use of contingency to purchase.  Councilmember Corcoran noted he would be supporting the motion.  Councilmember Gordon noted that use of contingency has been done before and the funds have been transferred back into the contingency.  Alison Chan, Finance Director noted that the funding has not been presented as this action is to obtain Council direction on the purchase and if Council supports the purchase then the funding options will be brought back to the Council.  City Manager Swanson noted that there is a potential to obtain funding from ODOT as well as use of Parks & Recreation system development charges.  Councilmember Strosser spoke to the need to address this issue so that the development of the Southeast Plan Commercial Center can move forward.  Councilmember Densmore noted that there is the potential for partnerships that would assist in connection of the Bear Creek Greenway via Larson Creek to this new development.
 
Roll Call:  Councilmember Bob Strosser, Al Densmore, Daniel Bunn, Eli Matthews, Dick Gordon and Chris Corcoran voting yes. Councilmembers John Michaels and Karen Blair voting no.
Ordinance 2013-88 passed to a second reading.
 
60.6   COUNCIL BILL 2013-89  An ordinance authorizing a Purchase and Sale Agreement in the amount of $151,000 to acquire approximately 1.51 acres of land from Carol M. Musser for the Southeast Plan Area greenway.
 
Motion:  Adopt the ordinance authorizing a Purchase and Sale Agreement in the amount of $151,000 to acquire approximately 1.51 acres of land from Carol M. Musser for the Southeast Plan Area greenway.
Moved by:  Bob Strosser                         Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Bob Strosser, Chris Corcoran, Dick Gordon, Daniel Bunn, Eli Matthews and Al Densmore voting yes.  Councilmembers John Michaels and Karen Blair voting no.
Ordinance 2013-89 passed to a second reading.
 
60.7   COUNCIL BILL 2013-90  A resolution adopting an eleventh Supplemental Budget for the 2011-13 biennium.
 
Alison Chan, Finance Director provided a staff report on the supplemental budget.  She noted several funds will be impacted with the greater revenue.  Council discussed the fleet maintenance greater than anticipated revenue and the ability of the private sector to provide fire equipment maintenance.
 
Motion:  Adopt the resolution recognizing and appropriating $980,250 of greater than budgeted revenue.
Moved by:  Bob Strosser                         Seconded by:  Dick Gordon
Roll Call:  Councilmembers Bob Strosser, Dick Gordon, Al Densmore, Karen Blair, Eli Matthews, Daniel Bunn, Chris Corcoran and John Michaels voting yes.
Ordinance 2013-90 was duly adopted.
 
60.8   COUNCIL BILL 2013-91  A resolution authorizing the transfer of $920,000 from the Finance Department Leave-Sellback Account to various City departmental Personal Services Accounts.
 
Motion:  Adopt the resolution authorizing the transfer of $920,000 from the Finance Department Leave-Sellback Account to various City departmental Personal Services Accounts.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
 
Councilmember Corcoran spoke against the benefits received by City employees as they are not reflective of the private sector.  He stated that the community will need to address the cost of benefits for public employees as this is bankrupting other communities across the State.  Councilmember Strosser questioned the difference from this action as to the past.  Alison Chan, Finance Director noted that this is a hard item to predict as it fluctuates dependent upon the number of retirements and compensatory time earned.  Councilmember Densmore spoke to the difficulty with these issues given that the largest amounts are in the two departments with binding arbitration.  He suggested that the Council needs to engage the legislative delegation on the sustainability of benefits with collective bargaining units.
 
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Eli Matthews, Al Densmore, Daniel Bunn, Karen Blair, Al Densmore and Bob Strosser voting yes.
Resolution 2013-91 was duly adopted.
 
60.9   COUNCIL BILL 2013-92  A resolution authorizing the transfer of $9,870 from the Mayor/Council Other Contractual Services Account to the Facilities Maintenance Division.     
 
Motion:  Adopt the resolution authorizing the transfer of $9,870 from the Mayor/Council Other Contractual Services Account to the Facilities Maintenance Division.
Moved by:  John Michaels                                    Seconded by:  Daniel Bunn
 
Finance Director Alison Chan provided staff report. 
 
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Karen Blair, Dick Gordon, Chris Corcoran, Bob Strosser, Al Densmore and Eli Matthews voting yes.
Resolution 2013-92 was duly adopted.
 
70.     Public Hearings
70.1   Consideration of an appeal of the Public Works Director’s decision pertaining to a request to waive a traffic impact analysis for development at 533 Austin Street.
 
Cory Crebbin, Public Works Director addressed the Council and provided a staff report.  He provided the background on the applicants request and the history of the requirement for a traffic impact analysis.  He reviewed the options for council consideration. 
 
Councilmembers questioned what would be defined as evidence.  Mr. Crebbin noted that the applicant is requesting to stipulate to a trip cap to avoid the zone change process but they haven’t established that the stipulation is necessary as they have not done the transportation impact analysis. 
 
Public hearing opened.

1.  Chuck Martinez, Board President of Kids Unlimited addressed the Council regarding the proposal.  He spoke to the location of the property which fronts Austin Street not Riverside Avenue.  The lots are being considered for rezoning to accommodate the uses, in this instance they are asking that Council overturn the staff decision as they believe that Mr. Maize’s letter provides the evidence needed to support this action.  He encouraged Council support of the applicant’s request.

 2.  Kit Nilles, Children’s Advocacy Center spoke to the use of the facility for her clients and that most of the clients utilize the transit system or walk. 
Public hearing closed.
 
Motion:  Deny the Kids Unlimited appeal of the Public Works Director’s decision to waive a traffic impact analysis for their development.
Moved by:  John Michaels                                    Seconded by:  Daniel Bunn
 
Councilmembers discussed the request and the Council’s adoption of code language specifically to address traffic impact issues. 
 
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Karen Blair, Dick Gordon, Eli Matthews and Bob Strosser voting yes.  Councilmembers Chris Corcoran and Al Densmore voting no.
Motion carried and so ordered.
 
Mayor Wheeler recommended that the remainder of the agenda be continued to the evening session given the lateness of the hour.
 
Councilmember Gordon requested that the Council provide authorization for him to speak on behalf of the Council at the League of Oregon Cities (LOC) Board of Directors meeting.  He would like to provide an update to the LOC Board on the Coquille Tribe application process and request the LOC Board support of the City’s position on the issue.
 
Motion:  Allow Councilmember Gordon to speak on the City’s behalf regarding the Coquille Tribe application and request LOC Board support.
Moved by:  John Michaels                                    Seconded by:  Bob Strosser
Roll Call:  Councilmembers John Michaels, Bob Strosser, Karen Blair, Chris Corcoran, Eli Matthews, Al Densmore, Dick Gordon and Daniel Bunn voting yes.
Motion carried and so ordered.
 
Meeting was adjourned at 1:59 p.m. to the evening session and the remaining agenda items will be addressed at that time.
 
90.2   Further Council committee reports.
        
90.3   Further remarks from Mayor and Councilmembers.
 
100.   Adjournment to Evening Session

 
EVENING SESSION
                                                                                   
The evening session was called to order at 7:00 p.m. in the 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, Eli Matthews, John Michaels, Chris Corcoran and Bob Strosser.
 
Councilmember Dick Gordon was absent.
 
City Manager Eric Swanson; City Attorney John Huttl; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
110.1    Cathy Gallatin, 310 Hamilton St., Medford addressed the Council regarding a request for in-kind support of her event – Taking It to The Streets Chalk Art and Music Festival. She noted she had spoken at the Budget Committee previously and it was recommended that support of $250 be provided for the next budget.  She requested support for her event which is scheduled for this Saturday.  She has noted that she has been given a waiver for the street cleaning.  She is requesting for restroom support be provided by the City.  She spoke to a need for electricity as well for the event. 
 
Glenda Wilson, Assistant to the City Manager, addressed the council and provided an overview of the special event application process that was undertaken with this event.  Ms. Gallatin noted that she did have a donation of port-a-potties for the evening hours.
 
120.   Public hearings
120.1    Consideration of an Oregon Liquor Control Commission application for The Pub, 17 South Riverside, Medford.
 
Police Chief Tim George presented a staff report.  He noted that this application is being recommended for an unfavorable recommendation to the Oregon Liquor Control Commission (OLCC) based on the applicant’s lack of good repute based on his criminal conspiracy charges in 1996 and his citations for failure to comply with historic preservation code.  Chief George reserved time for rebuttal.
 
Jim Huber, Planning Director addressed the Council and provided the background on the historic overlay violations.
 
Public hearing opened.
  1. Jeffery Rahenkamp, applicant, addressed the Council regarding the painting of his building in the historic district.  He noted he is a small business and he is struggling to keep his business going.  He continues to work on the building when he has funding.  He noted he is withdrawing his OLCC application.  He apologized for his comments regarding the Councilmembers in the Mail Tribune.
  2. Alison McGee, property owner for Main Street Market building, spoke to her experience with Mr. Rahenkamp who was her tenant at that property.  She spoke in opposition of Mr. Rahenkamp’s OLCC application based on his actions as her tenant in that he violated his lease agreement and still owes back rent. 
  3. Chief George spoke to the letter submitted by Ms. Phyllis Nelson to the OLCC.  Chief George also noted he spoke with Kelly Powers, who had rented in the Main Street Market building and that she closed her business due to the inappropriate incidents at Pub Ink, which was Mr. Rahenkamp’s business.  He is recommending that an unfavorable recommendation to OLCC be supported by the Council.
  4. Jeffrey Rahenkamp, under rebuttal, addressed the comments from Ms. McGee regarding his rental of space in Main Street Market.  He stated he had received no notification from Ms. McGee regarding issues with the building since he vacated the space.
Public hearing closed.

 
Motion:  Forward an unfavorable recommendation to the Oregon Liquor Control Commission for The Pub located at 17 S. Riverside.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Daniel Bunn, Karen Blair, Al Densmore, Eli Matthews, and Bob Strosser voting yes.
Motion carried and so ordered.
 
120.2    COUNCIL BILL 2013-93  An ordinance making the annual ad valorem property tax levy of the City of Medford for fiscal year 2013-2014.
        
Alison Chan, Finance Director addressed the Council and provided a staff report.  She noted that this is an annual action required by state law.
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Approve the ordinance making the annual ad valorem property tax levy of the City of Medford for fiscal year 2013-2014.
Moved by:  Al Densmore                          Seconded by:  Bob Strosser
Roll Call:  Councilmembers Al Densmore, Bob Strosser, Karen Blair, Daniel Bunn, John Michaels, Eli Matthews and Chris Corcoran voting yes.
Ordinance 2013-93 was duly adopted.
 
120.3    COUNCIL BILL 2013-94  A resolution certifying that the City of Medford is eligible to receive state-shared revenues and elects to receive state revenues for fiscal year 2013-14.
 
Alison Chan, Finance Director addressed the Council and provided a staff report.  She noted that this is an annual action required by state law.
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the resolution certifying that the City of Medford is eligible to receive state-shared revenues, and elects to receive state revenues for fiscal year 2013-14.
Moved by:  Al Densmore                          Seconded by:  Eli Matthews
Roll Call:  Councilmembers Al Densmore, Eli Matthews, Chris Corcoran, Karen Blair, Daniel Bunn, John Michaels and Bob Strosser voting yes.
Resolution 2013-94 was duly adopted.
 
120.4    COUNCIL BILL 2013-95  A resolution adopting the budget for the City of Medford for the biennium commencing July 1, 2013, and making appropriations thereunder.
 
Alison Chan, Finance Director provided a staff report and overview of the budget process undertaken by staff and the Budget Committee to bring forward a recommended document.  She noted this is a two-year budget that would become effective, if adopted, on July 1, 2013. 
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the resolution authorizing the proposed budget in the amount of $260,464,240, the details which are contained in the budget document, summarized in the budget document and as approved by the Budget Committee.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Daniel Bunn, Karen Blair, Al Densmore, Eli Matthews and Bob Strosser.
Resolution 2013-95 was duly adopted.
 
130.   Ordinances and resolutions
None
        
140.   Further reports from the City Manager and staff
80.1   Red Lion Purchase Update.
Mr. Swanson noted that City Attorney John Huttl will provide an update on this issue.  Mr. Huttl addressed the Council and provided an overview of two conditions that were discussed at the last council meeting regarding the purchase action.  The two conditions were addressed by removing the perpetual easement for parking and restriction of a hotel on the property.  He has distributed the deed restriction and parking agreement for Council to review.  The deed restriction is a twenty year prohibition with two optional renewals for an additional twenty years each time unless City opts out.
 
Councilmember Bunn questioned if the amount of the full purchase price had been discovered and Mr. Swanson noted that staff had no information at this time.  Councilmember Strosser noted he would be abstaining from voting on this issue.  Councilmember Blair questioned if an appraisal should not be done to determine the impact of the riparian corridor limitations on the property value.
 
Motion:  Approve the deed restriction as presented
Moved by:  Al Densmore                          Seconded by:  John Michaels
 
Councilmember discussion regarding purchase price unknown, timing of agreement, need to move project forward to address parking needs.
 
Roll Call:  Councilmembers Al Densmore, John Michaels, Chris Corcoran and Eli Matthews voting yes.  Councilmembers Karen Blair and Daniel Bunn voting no.  Councilmember Bob Strosser abstained.
Motion carried and so ordered.
 
Mr. Huttl addressed the Council regarding the parking terms in the p7s agreement and he presented a parking agreement for council review.  He reviewed the contents of the agreement.
 
Motion:  Approve the parking agreement.
Moved by:  Al Densmore                          Seconded by:  John Michaels
Roll Call:  Councilmember Al Densmore, John Michaels, Karen Blair, Eli Matthews and Chris Corcoran voting yes.  Councilmember Daniel Bunn voting no. Councilmember Bob Strosser abstained.
Motion carried and so ordered.
 
80.2   Fireworks Update
Mr. Swanson noted that a memo from Police Chief George was distributed to Council.  This memo outlines the efforts being undertaken by the Police and Fire Departments to address education and enforcement of illegal fireworks during the upcoming 4th of July holiday.  Chief George addressed the Council and reviewed the team plan with the Fire Department to provide public education.  Councilmember Michaels requested that enforcement of littering after the fireworks be done as well.
 
150.   Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               Take Your Dog to Work Day - June 21, 2013
               Recreation and Parks Month - July 2013
 
150.1    Further Council committee reports.
a.   Councilmember Strosser reported on the Water Commission meeting and that the lake levels look good, snowpack /precipitation somewhat low so may affect us as time moves on.  He spoke to letter from the Water Commission to the members of the Water Conservation Committee recognizing the members for their work. 
 
b.   Councilmember Michaels noted that he had not been attending the Housing & Community Development Commission meetings recently due to Budget Committee meetings and other conflicts but would make the next meeting to provide a report.
 
c.   Councilmember Michaels reported on the Parks & Recreation Commission meeting and their upcoming tour of parks.
 
150.2    Further Remarks from Mayor and Councilmembers

a.  Councilmember Densmore reported on the evaluation process for the SmithWest contract and that additional information and the evaluation form will be distributed to Council in the near future.

b.  Councilmember Densmore reported that the adult Alba delegation will be here in early August and we are tentatively scheduling August 8th for an event to including the naming of the pathways in Alba Park. He noted that the Alba students are anticipated to arrive in September.
 
c.  Councilmember Michaels requested that staff look at options to beautify the HVAC structure on the roof of City Hall.
 
d.  Councilmember Michaels requested that a joint study session with the Planning Commission be scheduled.  He feels that the Council needs to find out what we need to know from them and to pass on our desires for proactively looking at growth for the City. Planning Director Jim Huber noted he would discuss the invitation with the Planning Commissioners.  Councilmember Michaels noted that he feels the Council needs to lead the discussion and set a direction for the Commission for the future.
 
e.  Councilmember Corcoran noted he had presented the welcome at the Medford Cruise.
 
f.  Councilmember Corcoran reported on the Multicultural Commission meeting and discussion regarding the special events funding policy.  He would like to have the Council discuss this policy to provide clarity to staff and the event coordinators.  He noted that the Commission also discussed holding one of their meetings offsite to provide the results of the survey they are working on with Police.
 
g.  Councilmember Corcoran reported on the Southern Oregon Regional Economic Development, Inc. meeting and that the budget for this organization is severely restricted and is impacting personnel.  He would like to see an improved regional approach to economic development and would like to engage in conversation with the Mayors in Jackson and Josephine County.
 
h.  Councilmember Blair expressed concern regarding the “Neighborhood of Fear” headline in the Mail Tribune regarding West Medford.  She noted that the Housing and Community Development Commission had a subcommittee that dealt with problem properties and questioned the use of the Rental Registration program they created.  Ms. Wilson noted that the Rental Registration is still maintained and is utilized by Fire and Police Departments as well as Code Enforcement.  Councilmember Densmore spoke to the work being done in Union Park and that Police has identified this as a beat project.  Police Chief Tim George noted that the Park needs the improvements so that families will be encouraged to utilize the park.  The presence of families in the park will assist in diminishing the negative impression and the use of the park by those individuals who may be committing crimes.
 
160.   Adjournment
         There being no further business the meeting adjourned at 9:03 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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