Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, December 05, 2013

                                                                                                                                   
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                 December 5, 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, Eli Matthews, Tim Jackle and Chris Corcoran.
 
Councilmember John Michaels was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
 
Introduction of the McLoughlin Students of the Month
Linda White, Principal of McLoughlin Middle School addressed the Council and provided an update on the school activities and introduced the students of the month.
 
20.     Approval or correction of the minutes of the November 19, 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    Quarterly Economic Development Update by Ron Fox, SOREDI
Mr. Fox addressed the Council and provided an update on the recruitment and business retention activities of the organization. 
 
30.2    Quarterly TravelMedford Update by Anne Jenkins
Ms. Jenkins addressed the Council and provided an update on the tourism activities and marketing done by TravelMedford.
 
30.3    Ryan VanDerhoof, Hornecker Cowling Hassen and Heysell noted he was submitting written testimony regarding Agenda Item 60.1 and would be in the audience to answer any questions the Council may have.
 
30.4    Alice Mullaly, representing the Jackson County Cultural Coalition of the Oregon Cultural Trust addressed the Council regarding the Coalition grant program.  She invited the Council to attend the Grants Award ceremony on December 10th at 5:30 p.m. in the Carnegie Library.
 
40.     Consent calendar
40.1   REMOVED By Councilmember Corcoran.
 
40.2   REMOVED By Councilmember Corcoran. 
 
40.3   COUNCIL BILL 2013-172  An ordinance authorizing the purchase of an in-ground lift for the Public Works Department in the amount of $159,875 from Carquest Tools and Equipment through the U.S. Communities Government Purchasing Alliance.
 
40.4   COUNCIL BILL 2013-173  An ordinance authorizing execution of Amendment No. 1 to Intergovernmental Agreement No. 23725 between the City of Medford and the Oregon Department of Transportation pertaining to Congestion Mitigation and Air Quality (CMAQ) funds.
 
40.5   COUNCIL BILL 2013-174  An ordinance authorizing execution of Amendment No. 1 to Intergovernmental Agreement No. 26854 between the City of Medford and the Oregon Department of Transportation pertaining to signal control technology.
 
40.6   COUNCIL BILL 2013-175  An ordinance authorizing the purchase of a signal control technology system for Highway 62 from Rhythm Engineering in an amount not to exceed $300,000.
 
Motion:  Adopt the consent calendar.
Moved by:  Daniel Bunn               Seconded by:  Dick Gordon
Roll Call:  Councilmembers Daniel Bunn, Dick Gordon, Karen Blair, Eli Matthews, Tim Jackle, Chris Corcoran and Bob Strosser voting yes.
Motion carried and the following Council bills were duly adopted:  2013-172, 2013-173, 2013-174 and 2013-175.
 
50.     Items removed from consent calendar
Councilmember Corcoran noted he was absent when these two items were presented as public hearings and therefore he will be abstaining.
 
40.1   COUNCIL BILL 2013-170  A resolution affirming the Finance Director’s denial of a taxi driver identification card for Kevin Haney.
 
40.2   COUNCIL BILL 2013-171  A resolution granting the property owner of 1732 Whitman Avenue an eight-month extension to complete hazardous sidewalk repairs.
 
Motion:  Adopt Agenda Items 40.1 and 40.2.
Moved by:  Bob Strosser             Seconded by:  Dick Gordon
Roll Call:  Councilmembers Bob Strosser, Dick Gordon, Karen Blair, Eli Matthews, Tim Jackle and Daniel Bunn voting yes.  Councilmember Chris Corcoran abstained.
Motion carried and the following Council bills were duly adopted:  2013-170 and 2013-171.
 
60.     Ordinances and resolutions
60.1   Consideration a protest by Pilot Rock Excavation, Inc. regarding the bid rejection for the Lawnsdale Road from Biddle Road to 200 feet east of Terminal Spur Road.
 
John Huttl, City Attorney provided a staff report and spoke to the issue of the protest.  He noted that Pilot Rock Excavation, Inc. did not complete the paperwork for the bid submission as required by State statue. Under legal analysis, the bid was deemed as a non-conforming bid and was rejected.
 
Cory Crebbin, Public Works Director addressed the Council and noted he did not have anything more to add to the City Attorney’s explanation.
 
Motion:  Deny the protest by Pilot Rock Excavation, Inc.
Moved by:  Daniel Bunn               Seconded by:  Bob Strosser
Roll Call:  Councilmembers Daniel Bunn, Bob Strosser, Karen Blair, Chris Corcoran, Dick Gordon, Tim Jackle and Eli Matthews voting yes.
Motion carried and so ordered.
 
60.2   COUNCIL BILL 2013-176  An ordinance awarding a contract in the amount of $247,129.70 to Central Pipeline, Inc., to construct sanitary sewer improvements along Lawnsdale Road from Biddle Road to 200 feet east of Terminal Spur Road.
 
Motion:  Approve the ordinance awarding a contract to Central Pipeline, Inc.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Tim Jackle, Eli Matthews, Karen Blair, Chris Corcoran and Dick Gordon voting yes.
Ordinance 2013-176 was duly adopted.
 
60.3   COUNCIL BILL 2013-177  An ordinance awarding a contract in the amount of $174,266 to Vitus Construction, Inc. for improvements associated with upgrades to Union Park.
 
Motion:  Adopt the ordinance awarding the contract with Vitus Construction, Inc.
Moved by:  Chris Corcoran           Seconded by:  Eli Matthews
Roll Call:  Councilmembers Chris Corcoran, Eli Matthews, Dick Gordon, Daniel Bunn, Bob Strosser, Karen Blair and Tim Jackle voting yes.
Ordinance 2013-177 was duly adopted.

60.4   COUNCIL BILL 2013-178  A resolution authorizing an additional Office Administrator position in the Parks & Recreation Department for the remainder of the 2013-15 biennium.
 
Motion:  Adopt the resolution authorizing the additional Office Administrator position in the Parks & Recreation Department for the remainder of the biennium.
Moved by: Dick Gordon               Seconded by:  Chris Corcoran
 
Councilmembers expressed concern regarding the addition of this position and that it was not mentioned in previous discussions regarding these projects.
 
Brian Sjothun, Parks & Recreation Director addressed the Council concerns and noted that the Department is currently managing 39 improvement projects.  This position is a temporary position to specifically address the major projects funded by the bond.  Staff currently does not have the capacity to manage these new projects, given the size and complexity of the projects.  He noted that this could be outsourced but would take time to find an appropriate person/organization that has the necessary experience to adequately manage the project.  He also noted that this position is funded from the bond proceeds and the position will lapse at the end of the biennium.  A new authorization by the Budget Committee would be required at that time if the projects were still underway and the staffing was needed.
 
Roll Call:  Councilmembers Dick Gordon, Chris Corcoran, Bob Strosser, Karen Blair, Tim Jackle, Daniel Bunn and Eli Matthews voted yes.
Resolution 2013-178 was duly adopted.
 
70.     Council Business
70.1   Councilmember Gordon noted that the Council has tentatively planned to vote on the Boards and Commission appointments at the December 19th meeting.  However, if Councilmember Strosser is unable to attend the meeting, he has made arrangements to be able to video conference to the January 2nd meeting and the appointments will be done at that time.
 
70.2   Mayor Wheeler reported on his meeting with Randy Bobst-McKay from Jefferson Live!  Mr. Bobst-McKay has requested two letters of support for the renovation of the Holly Theater.  These letters will be used to supplement grant applications that are being submitted for additional funding for the renovation. Council concurred that the Mayor should provide the letters.
 
80.     City Manager and other staff reports
80.1   Mr. Swanson reported on the Winter Light Festival event and stated that it was a success. He noted that he has received a number of positive comments regarding the event. 
 
80.2   Mr. Swanson reported on the successful sale of $38.155 million in bonds at a 4.42% interest rate.
 
80.3   Kevin McConnell, Deputy City Attorney addressed the Council regarding the Land Use Board of Appeals filing by the Old East Medford Neighborhood Association pertaining to the Council approved assisted living development on E. Main Street.  Mr. McConnell updated the Council on the petition for review submitted to the Appeals and that the developer’s attorney has confirmed he will not be filing a brief on this petition.  Staff is recommending that the City not respond as the developer, who is the beneficiary of the development approval, is not filing a petition.  The likely outcome is that the Appeals Board will remand this issue to the Site Plan & Architectural Commission for review.
 
Motion:  Direct staff to abstain from filing a brief in response to the Land Use Board of Appeals petition filed by the Old East Medford Neighborhood Association.
Moved by:  Bob Strosser             Seconded by:  Chris Corcoran
Roll Call:  Councilmembers Bob Strosser, Chris Corcoran, Dick Gordon, Karen Blair, Eli Matthews, Tim Jackle and Daniel Bunn voting yes.
Motion carried and so ordered.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               None
 
90.2   Further Council committee reports.
a.   Councilmember Strosser reported on the Transportation Coordinating Committee meeting and review of four requests.
 
b.   Councilmember Strosser reported on the Water Commission meeting and the discussion of the request from the Five Cities group for a rate study.
 
c.   Councilmember Jackle reported on the Landmarks & Historic Preservation Commission meeting.  The Commission approved two sign applications and held discussion regarding grant applications.  They are also discussing the potential to establish a Medford History based museum at the Carnegie Library.
 
90.3   Further remarks from Mayor and Councilmembers.
a.   Councilmember Gordon expressed appreciation for the Public Works Department and the E. Main Street project.  He felt this has been a good project and provides significant improvement to transportation in that area.
 
b.   Councilmember Corcoran requested an update on the proposal by the Multicultural Commission to add a feature to the City’s website to translate the website into Spanish.  Mr. Swanson noted that staff is working on this issue and will bring back information to the Council.
 
c.   Councilmember Blair addressed the Council regarding the information she had previously provided on the DISC training workshop.  She inquired as to the Council interest in participating in this training.  Mr. Swanson spoke to how the training can assist in improving communication and noted he is planning on providing this training with management staff.  If the Council is interested in participating, the training would be done together.
 
d.   Councilmember Blair requested Council feedback on the offer by Bill Meyer to put city information on his website.  Mr. Swanson noted that Ms. Wilson is working with a committee of staff and Councilmembers to address communication and outreach and will take this to the group as part of the overall plan.
 
e.   Councilmember Blair reported on the email sent out detailing a second pit bull attack.  This attack occurred in Ward 2 and the family pet was viciously maimed and had to be put down.  She noted that there is a study session on this topic scheduled for January 9th.
 
f.    Mayor Wheeler spoke to the Winter Lights Festival event and his pride and appreciation of the community for attending and the beauty of the parks.  He noted it was a wonderful event.
 
100.   Adjournment to the evening session
         Meeting adjourned to the evening session at 1:37 p.m.
 
**************************************************************
 
EVENING SESSION
 
The meeting was called to order at 7:23 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, Bob Strosser, John Michaels, Eli Matthews, Tim Jackle and Chris Corcoran.
 
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    Tom Hall, S&B James Construction, addressed the Council regarding the study session on construction management/general contractor process.  He disputed the presentation and noted that he feels design-build process is the way to go.  He supports the concept to issue separate requests for proposals for each project and to hire local architects and construction companies.
 
120.   Public hearings
120.1    COUNCIL BILL 2013-179  An ordinance amending Sections 4.405, 4.718 and 4.761 of the Medford Code pertaining to Sanitary Sewer, Storm Drain and Street Utility Fees.  (Legislative)
 
Cory Crebbin, Public Works Director addressed the Council and provided a staff report.  He noted that the proposed fee increases do not include sewage treatment as those rates are determined by the Regional Rate Committee.   He provided an overview of previous increases to Public Works utility fees, the methodology changes and goal of removing any General Fund contribution to the Public Works department. 
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the ordinance amending the Medford Code pertaining to utility fees.
Moved by:  John Michaels                        Seconded by:  Bob Strosser
 
Councilmembers discussed concerns with increasing fees.  Councilmembers Matthews, Corcoran and Blair noted they did not feel that this was the right time to increase these fees. Councilmember Gordon questioned how the fees would affect commercial and industrial users and Mr. Crebbin noted that the increase is percentage based and the same percentage would apply to all customers.  Councilmember Michaels expressed concern with postponing the fee increases which would in effect defer maintenance needs.  Councilmember Bunn noted that the decision was made by the Council previously to impose the fees and this decision was supported by the Budget Committee.  Councilmember Gordon felt that more public education is needed before moving forward with fee increases.
        
Alison Chan, Finance Director noted that the Public Works Department is currently not budgeted in the General Fund.  That decision was made by the Budget Committee when they recommend these fee increases for the necessary additional revenue.  If the Council decides to postpone the fee increase, funding will need to be identified to make the Public Works Department budget whole.  She noted that funding could be continued to the Public Works Department from the General Fund for this biennium, based on the lower actual PERS rate versus what was budgeted.
 
Council discussion on the funding alternative presented and Council requested staff to provide additional details on funding options to fund Public Works from the General Fund for the remainder of the biennium.
 
Motion:  Continue Agenda Item 120.1 to the January 2, 2014 Council meeting.
Moved by:  John Michaels                        Seconded by:  Eli Matthews
Roll Call:  Councilmembers John Michaels, Eli Matthews, Karen Blair, Daniel Bunn, Chris Corcoran, Dick Gordon, Tim Jackle and Bob Strosser voting yes.
Motion carried and so ordered.
 
120.2    COUNCIL BILL 2013-180 An ordinance amending Sections 10.249 and 10.1400 of the Medford Code pertaining to electronic message signs. (DCA-13-054)  (Land Use, Legislative)
 
Jim Huber, Planning Director provided a staff report.  He outlined the request from People’s Bank to make the amendment to allow for a message sign on their property.  He reviewed the current code language and approval criteria.  Planning Commission recommends adoption.
 
 
Public hearing opened.
 
  1. Craig Stone, CSA Planning representing People’s Bank addressed the Council and requested support of the amendment to the code as proposed.
Public hearing closed.
 
Motion:  Adopt the ordinance amending the Medford Code pertaining to electronic message signs.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Tim Jackle, John Michaels, Eli Matthews, Karen Blair, Chris Corcoran and Dick Gordon voting yes.
Ordinance 2013-180 was duly adopted.
 
130.   Ordinances and resolutions
         None
        
140.   Council Business
         None
 
150.   Further reports from the City Manager and staff
150.1    Mr. Swanson distributed a memo regarding the proposed cooperative agreement process.  He noted that the Board of Fire District #3 has approved moving forward.  The Board of Fire District #2 has some questions they will be discussing and will forward to us.
 
Councilmember Strosser spoke to the anxiety due to perception of lack of communication with our own people.  He noted that Fire District #2 has expressed that they do not feel they are being listened to and he questioned if City staff is improving communication with our own people and Fire District #2?  Councilmember Corcoran noted that the process is moving forward with open communication with all parties involved.
 
160.   Propositions and remarks from the Mayor and Councilmembers
160.1    Further Council committee reports.
        
160.2    Further remarks from Mayor and Councilmembers.
 
170.   Adjournment
         There being no further business the meeting adjourned at 8:50 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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