Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, July 11, 2013

                                                                                                                                                 
 
                            MINUTES OF THE MEDFORD CITY COUNCIL SPECIAL MEETING
 
                                                                    July 11, 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 (*left as noted) and Chris Corcoran (*arrived and left as noted).
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke (*left as noted); City Attorney John Huttl; City Recorder Glenda Wilson.
 
20.     Approval or correction of the minutes of the June 20, 2013 regular meeting
         There being no corrections the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
         None
 
40.     Consent calendar
40.1   Removed by Councilmember Michaels.
 
40.2   Removed by Councilmember Michaels.

40.3   COUNCIL BILL 2013-96  An ordinance authorizing execution of a contract in the amount of $1,730,393.30 with Emergency Communications of Southern Oregon for police and fire dispatch services for fiscal year 2013-14.
 
40.4   COUNCIL BILL 2013-97 An ordinance authorizing a 90-day extension to the Prescott Park Road Use and Maintenance License Agreement with Burl Brim Excavation, Inc.
 
40.5   COUNCIL BILL 2013-98  A resolution affirming the Public Works Director’s decision requiring a traffic impact analysis for a development at 533 Austin Street.
 
40.6   Removed by Councilmember Michaels.
                 
Motion:  Adopt the consent calendar.
Moved by:  Al Densmore              Seconded by:  Eli Matthews
Roll Call:  Councilmembers Al Densmore, Eli Matthews, Karen Blair, Daniel Bunn, Dick Gordon, John Michaels and Bob Strosser voting yes.
Motion carried and the following council bills were duly adopted:  2013-96, 2013-97 and 2013-98.
 
50.     Items removed from consent calendar
40.1   SECOND READING
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 the purchase in the amount of $236,000 of 2.36 acres from Frank and Joyce Goddard for the Southeast Plan Area greenway.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
 
Councilmember Michaels noted he would not be supporting 40.1, 40.2 or 40.6 as he did not believe that the Contingency fund should be used for these purposes.
 
Councilmember Blair noted that she would not be supporting 40.1 or 40.2 as there is confusion regarding the Southeast Plan as what is proposed is not what was originally presented.
 
*Councilmember Corcoran arrived.
 
Mayor Wheeler noted that the contingency fund has been utilized in the past and Finance Director Alison Chan noted that all previous use of the contingency fund for purchases has been repaid.  Parks & Recreation Director Brian Sjothun noted that the cost for the property to be purchased from the Mussers and Goddards may be paid for by ODOT as part of the replacement for property taken by the State for the North and South I-5 Interchange projects.  He also noted that use of the Southeast Plan system development charges are to be utilized in the Southeast Plan area.
 
Councilmembers discussed the changes to the original Southeast Plan that have been necessitated by the changes in the economy.
 
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Eli Matthews, Dick Gordon, Al Densmore and Chris Corcoran voting yes.  Councilmembers John Michaels and Karen Blair voting no.
Ordinance 2013-88 was duly adopted.
 
40.2   SECOND READING
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 the purchase in the amount of $151,000 for 1.51 acres from Carol M. Musser for the Southeast Plan Area greenway.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Eli Matthews, Dick Gordon, Al Densmore and Chris Corcoran voting yes.  Councilmembers John Michaels and Karen Blair voting no.
Ordinance 2013-89 was duly adopted.
 
40.6   COUNCIL BILL 2013-99  A resolution authorizing the transfer of $1,700,000 from the General Fund Contingency account to Project Number PR0082 to purchase a portion of the Red Lion property.
 
Motion:  Adopt the resolution authorizing the transfer of $1,700,000 from General Fund Contingency to Project Number PR0082 to purchase a portion of the Red Lion property.
Moved by:  Dick Gordon              Seconded by:  Chris Corcoran
 
Councilmember Michaels noted he would not be supporting the motion as per the reasons previously stated.  Councilmember Blair noted she would support the motion as this will assist in preventing blight.
 
Councilmembers spoke in support of the motion as this provides the funding for the purchase which had previously been approved by the Council.  Councilmember Bunn noted he had reviewed the recording of the July 1, 2013 Council meeting and feels fully informed to vote on this issue.
 
Roll Call:  Councilmembers Dick Gordon, Chris Corcoran, Karen Blair, Daniel Bunn, Al Densmore, Eli Matthews and Bob Strosser voting yes.  Councilmember John Michaels voting no.
Resolution 2013-99 was duly adopted.
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2013-100  An ordinance amending Sections 9.600, 9.602, 9.610, 9.615, 9.620, 9.625, 9.630, 9.635, 9.637, 9.645, 9.650, 9.655, and repealing Section 9.640 of the Medford Code pertaining to seismic rehabilitation of existing buildings.

Motion:  Adopt the ordinance amending Section 9 of the Medford Code pertaining to seismic rehabilitation of existing buildings.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Karen Blair, Eli Matthews, Daniel Bunn, Al Densmore, Dick Gordon and Bob Strosser voting yes.
Ordinance 2013-100 was duly adopted.
 
60.2   COUNCIL BILL 2013-101  An ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional Employees pertaining to wages, hours, fringe benefits, and other working conditions.
 
Motion:  Adopt the ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional Employees.
Moved by:  Al Densmore              Seconded by:  John Michaels
 
Councilmember Densmore spoke to the motion and the 1.9% increase.  He noted that as this group had voluntarily gone without and increase for three years and the increases in the union groups which are primarily supervised by this group, he is in support of this.
 
Councilmember Matthews noted he will not support of motion as feels this is not the appropriate time for increases. 
 
Councilmember Corcoran spoke in support of motion and the need to keep these folks in line with salary increases.  He noted he is concerned with other aspects of the Management Rules such as the leave/vacation/comp time sellback and would like a Council study session on the issue.
 
Roll Call:  Councilmembers Al Densmore, John Michaels, Daniel Bunn, Chris Corcoran, Bob Strosser, Al Densmore and Dick Gordon voting yes.  Councilmembers Karen Blair and Eli Matthews voting no.
Ordinance 2013-101 passed to a second reading.
 
60.3   COUNCIL BILL 2013-102  An ordinance amending the Employment Agreement between the City of Medford and the City Manager pertaining to deferred compensation and vehicle allowance.
 
Motion:  Adopt the ordinance amending the Employment Agreement with the City Manager pertaining to deferred compensation and vehicle allowance.
Moved by:  Al Densmore              Seconded by:  John Michaels
 
Councilmember Densmore spoke to annual review of the City Manager’s performance and felt overall performance was acceptable.  He noted the information from the City Manager on areas to be focused on over the next year is helpful.  Councilmember Matthews noted that he felt the City Manager has done a great job but he would not be supporting the motion for the reasons previously stated.
 
Roll Call:  Councilmembers Al Densmore, John Michaels, Daniel Bunn, Chris Corcoran, Dick Gordon and Bob Strosser voting yes.  Councilmembers Karen Blair and Eli Matthews voting no.
Ordinance 2013-102 passed to a second reading.
 
60.4   COUNCIL BILL 2013-103  An ordinance authorizing execution of a short-term Franchise Agreement with Falcon Cable Systems Company II, L.P., (dba Charter Communications) to January 31, 2014.  
 
Motion:  Adopt the ordinance authorizing the short-term Franchise Agreement with Falcon Cable Systems Company.
Moved by:  Bob Strosser             Seconded by:  Chris Corcoran
 
Councilmembers discussed the issue and noted that this will provide time for negotiations with legal counsel representatives.  Councilmember Gordon noted that Councilmembers and residents have expressed dissatisfaction with Charter with their increase in price and inflexibility with programming.  Councilmembers discussed the citizen complaints regarding the service and encouraged citizens to contact the City to report their complaints as this would be helpful during the negotiations.
 
Roll Call:  Councilmembers Bob Strosser, Chris Corcoran, Karen Blair, Daniel Bunn, Al Densmore, Dick Gordon, Eli Matthews and John Michaels voting yes.
Ordinance 2013-103 was duly adopted.
 
70.     Public Hearings
70.1   COUNCIL BILL 2013-104  An ordinance amending Sections 4.105, 4.405, 4.415, 4.710, 4.761, 4.763, 4.1200, 4.1201, 4.1202, 4.1203, 4.1204, 4.1205, and 4.1206 of the Medford Code pertaining to utility fees.  (Legislative)
 
Cory Crebbin, Public Works Director provided a staff report.  He noted that the changes proposed address the City management of utility billing and general housekeeping changes necessary to support the billing and collections.  City Attorney John Huttl noted that Section 4.1203, paragraph one refers to the “Water Commission Manager … directed to…” and that the Water Commission is requesting that the “directed to” portion of the code be deleted to make the language permissive.
 
Larry Rains, Water Commission Manager confirmed the request to strike the language and that the Water Commission would continue to work with the City to address collection efforts. 
 
Councilmember Gordon questioned if customers would get their deposits back after a period of timely payments and Mr. Crebbin noted the deposits would be refunded or applied to future bills after one year.
 
Public hearing opened.
None
Public hearing closed.
 
Motion:  Adopt the ordinance amending Section 4 of the Medford Code pertaining to utility fees as amended by striking of “and directed” in Section 4.1203.
Moved by:  Dick Gordon              Seconded by:  Chris Corcoran
 
Councilmember Gordon addressed the charge for customers who do not live in the City limits but receive services.  Mr. Crebbin addressed the issue and noted that this is less than 2% of the Public Works billings.
 
Roll Call:  Councilmembers Dick Gordon, Chris Corcoran, Karen Blair, Daniel Bunn, Al Densmore, Eli Matthews, John Michaels and Bob Strosser voting yes.
Ordinance 2013-104 was duly adopted.
 
70.2   COUNCIL BILL 2013-105  An ordinance adding Sections 8.2000 through 8.2019 to the Medford Code pertaining to economic improvement districts.
 
John Huttl, City Attorney provided a staff report and noted that this amendment will provide the process to allow for establishment of Economic Improvement Districts (EID).  This action does not establish an EID and future proposed EID’s will go through the process established by this ordinance, once adopted, to be created.
 
Public hearing opened.
None
Public hearing closed.

 
Motion:  Adopt the ordinance amending Section 8 of the Medford Code pertaining to economic improvement districts.
Moved by:  Al Densmore              Seconded by:  Bob Strosser
Roll Call:  Councilmembers Al Densmore, Bob Strosser, Karen Blair, John Michaels, Eli Matthews, Daniel Bunn, Dick Gordon and Chris Corcoran voting yes.
Ordinance 2013-105 was duly adopted.
 
80.     City Manager and other staff reports
80.1   Police Chief Tim George, Acting Fire Chief Gordon Sletmoe and Fire Inspector Greg Kleinberg addressed the Council and provided a report on the education and enforcement activities to address use of legal and unlawful fireworks.
 
Councilmember Michaels suggested a graduated citation fee for repeat offenders or possibly the need to make all fireworks illegal.
 
80.2   City Manager Eric Swanson acknowledged Medford Fire Fighter Tom McGowan who is working with the families of the wild-land firefighters in Prescott Arizona.
 
*Deputy City Manager Bill Hoke left the meeting.

80.3   City Manager Eric Swanson reported on the Mail Tribune letter to the editor regarding the Police Department interaction with the 12 year old youth.  The letter spoke to the excellent response efforts taken by the Police Officers.
 
80.4   City Manager Eric Swanson acknowledged the Public Works Paint Crew  for their assistance to the Police in chasing down a criminal. 
 
80.5   Parks & Recreation Director Brian Sjothun provided an update on the Parks & Recreation Foundation recent events – The Beat of the Rogue which raised $5000 for youth scholarships and Parks Uncorked which raised $24,000.
 
80.6   City Manager Eric Swanson reviewed the process to fill City Council vacancy given the resignation of Councilmember Densmore.  He noted that Council will need to formally acknowledge the resignation and once the position is vacant direct staff to begin the process.  Glenda Wilson, City Recorder, reviewed the process which includes the formation of a citizen interview committee of residents from Ward 1.  Council will need to appoint the committee members for the interview committee as part of the process.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               None
 
90.2   Further Council committee reports.
a.   General Fund Grant Subcommittee Appointments
Councilmember Densmore addressed the Council regarding volunteers for this committee.  He noted that he has spoken with Robert Bartalini, Ed Felan and Dave Culbertson from the City Budget Committee.  They have all volunteered to be on the committee.  He has also spoken with Glenn Carroll and Lynda Pincock from the Housing & Community Development Commission who have volunteered.  He is requesting two Councilmembers volunteer to serve as well.  Councilmembers Daniel Bunn and Eli Matthews volunteered.
 
Councilmembers concurred with the volunteers to serve on this committee.
 
b.   Joint Transportation Subcommittee Appointment
Councilmember Densmore requested that the appointment be postponed until the July 18th meeting to allow Councilmembers to contact applicants before voting.  Council concurred.0
 
*Councilmember John Michaels left the meeting.
 
90.3   Further remarks from Mayor and Councilmembers.
a.   Councilmember Gordon noted that he has invited Travel Medford to be on the July Medford Forum.  He is looking for another Councilmember to participate on the show as well.
 
b.   Councilmember Gordon spoke to the legislative changes affecting the PERS premiums and that he would like Council to direct staff to hold in reserve the budgeted/unspent  funds for PERS premiums pending.  He spoke to the potential need to keep these funds as this legislative action is under a lawsuit and we may need to pay the higher premiums pending the outcome of the litigation.
 
*Councilmember Chris Corcoran left the meeting.
 
Motion:  Direct staff to retain the unspent but budgeted amount of PERS premiums pending outcome of litigation.
Moved by:  Dick Gordon              Seconded by:  Bob Strosser
Roll Call:  Councilmembers Dick Gordon, Bob Strosser, Karen Blair, Daniel Bunn, Al Densmore and Eli Matthews voting yes.
Motion carried and so ordered.
 
c.   Councilmember Gordon spoke to a discussion of elected officials regarding signage.
 
d.   Councilmember Strosser reported on the Water Commission meeting and discussion of the City Code amendment and cost of service study.
 
100.   Adjournment
         There being no further business, the meeting adjourned at 1:55 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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