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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, December 19, 2013

                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                December 19, 2013
                                                                             
 
Then 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 (*left as noted), Daniel Bunn, Eli Matthews, Tim Jackle, John Michaels and Chris Corcoran (*left 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 Recognition
Police Chief Tim George recognized Police Chaplin Paul Winter for his years of service to the City of Medford Police Department.
 
Employees from the Police, Fire and Public Works Departments were recognized for their years of service.
 
New Employees
Brady Shean – Parks & Recreation Building/Utility Technician; Joseph Slaughter – Planning Department Planner II; Chase Browning – Fire Inspector; Jessica Grissom – Police Records Specialist
 
*Councilmember Blair left the meeting.
 
20.     Approval or correction of the minutes of the December 5, 2013 regular meeting
         There being no corrections or revision the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Presentation by COL (Ret) Richard McReynolds, Employer Support of the Guard and Reserve
COL (Ret) McReynolds addressed the Council and presented the Mayor with the Employer Support of the Guard and Reserve award.  This award is presented to those employers who go above and beyond in supporting their employees in active and reserve service.
 
*Councilmember Blair returned to the meeting.
 
30.2   Mark Milne, representing the Parking Commission addressed the Council and provided information on the new Holiday Safety Parking Pass program.  This program will allow businesses to provide for their customers who need to leave their cars parked, rather than drive unsafely, the ability to leave the car until the next day without getting a parking ticket.  He also presented information regarding the recommendation for naming of the new parking lots on Riverside.  The recommendation is to name them Riverside North Lot and Riverside South lot.
 
Lynette O’Neal noted that the Holiday Safety Parking Pass program is being offered as a pilot effort and will be re-evaluated in February.
 
30.3   Allen Purdy, representing S&B James Construction, addressed the Council regarding Agenda Item 80.1 on Construction Manager/General Contractor (CMGC).  He spoke to the previous presentation by staff and reputed the information regarding cost savings, number of managers that would be needed if the projects are bundled, use of out of town contractors and ripple effect of their staying and utilizing local motels and restaurants vs. economic impact with hiring local vendors.
 
30.4   Bev Thruston, Southern Oregon AIA president-elect, addressed the Council regarding Agenda Item 80.1 on Construction Manager/General Contractor (CMGC).  She noted that they are suggesting that the Police Facility project be done separately from the other projects for design and bidding.  She spoke to the quality and experience of the local architects.  She suggested  that members of the industry be included on the request for proposal design and review team.
 
40.     Consent Calendar
40.1   COUNCIL BILL 2013-181  A resolution authorizing the Finance Director and City Recorder to establish an additional bank account at Umpqua Bank for deposit and disbursement of seized cash.
 
40.2   COUNCIL BILL 2013-182  An ordinance authorizing a cash payment to Alba Village Regency, LLC of excess Street System Development Charge credits in the amount of $239,267.01 for street improvements for development of Northgate Village, Phase 1.
 
Motion:  Adopt the consent calendar.
Moved by:  John Michaels                        Seconded by:  Daniel Bunn
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Karen Blair, Chris Corcoran, Eli Matthews, Tim Jackle and Dick Gordon voting yes.
Motion carried and the following Council bills were duly adopted:  2013-181 and 2013-182.
        
50.     Items removed from consent calendar
 
60.     Ordinances and Resolutions
 
70.     Council Business
70.1   Councilmember Gordon reminded the Council that the Boards and Commission appointments will occur this evening.     
 
80.     City Manager and other staff reports
80.1   Construction Manager/General Contractor (CMGC) Process Update – Brian Sjothun, Parks & Recreation Director
 
City Manager Swanson introduced the topic and Brian Sjothun, Parks & Recreation Director.  He noted that staff has done some further research with Jackson County as far as how they have managed these large public safety and other facility projects.
 
*Councilmember Blair left the meeting.
 
Mr. Sjothun noted that there were several staff members who will be assisting in the presentation as well as Rick Isner, Jackson County Facilities Maintenance Superintendent.  He provided an outline of the direction being sought from Council regarding confirming use of the CMGC process and the number of contracts that should be awarded.
        
Rick Isner addressed the Council and spoke to his experience in managing these projects for Jackson County.  He worked on the public service building next to City Hall, Sheriff’s Department facility and the Emergency Communications of Southern Oregon (dispatch) center.  He noted that the CMGC process has worked effectively when addressing the public safety process.  In particular the “team approach” with owner, contractor and architect in the same room to work through issues together.  He spoke to the estimating process and scheduling also benefits with the architect and contractor in the room together. 
 
Mr. Sjothun spoke to the Police facility project and that it is one project that includes secure parking that interfaces with the secured Police building.  Police Chief Tim George addressed the Council and provided clarity regarding how this police facility with secured parking will also be displacing existing employee parking.  He spoke to the benefit of the secured facility for the transport of criminals in an environment where the general public will not interface with these dangerous criminals.  He noted that with the completion of the Jackson County public services facility will further impact the available parking in the immediate area.   
 
Mr. Sjothun provided clarity on the three fire projects which includes two new facilities to replace existing facilities and one “near” replacement .  Fire Chief Gordon Sletmoe addressed the Council and clarified the projects that are proposed.  Fire Station #2 is a replacement facility that is being relocated to a new location off Stewart Avenue.  Fire Station #3 is a replacement of the existing facility at its current location.  Fire Station #4 is a reconstruction on the existing property and Fire Station #6 is a remodel.  He noted that Fire Station #5 will be a remodel as some point in the future and Fire Stations #5 and #6 will be budgeted outside of the current bond funding.
 
Mr. Sjothun spoke to the architect quality based qualification and that the request for proposal  will be based on quality as cost is not a scoring criteria per Oregon Statue.  The architect fee is negotiated after the top qualified candidate is determined.
 
Mr. Sjothun noted that the CMGC process is currently being utilized for the U.S. Cellular Community Park Phase 4 project.  Mr. Sjothun noted some of the items reviewed for quality are projects completed, overall approach to the project, qualification of key personnel, costs and timelines.   As an example of the success of the CMGC process, Mr. Sjothun explained that the Santo Community Center Gym project was originally presented as a design/bid and the original responses for the project came in at $1 million over the budget.  The project was withdrawn and represented as a CMGC.  The bids and project came in under budget with funds remaining being used to address an additional project, the Santo Teen Center.  He also displayed the additional opportunities (capital improvement projects) for bidding that have been approved for the current biennium totaling $8,578,400. 
 
Mr. Sjothun noted that staff is recommending that the City move forward with separate Police and Fire Project Procurement.  This would provide for four bidding opportunities (two for architect and two from CMGC).  He noted that the Council could direct for further separation of the projects for Fire which would provide additional bidding opportunities.
          
Councilmember Corcoran questioned the number of projects that Jackson County has in the Public Services project and if Mr. Isner recommended the CMGC process.  Mr. Isner noted that the development next to City Hall is two projects and he recommends CMGC, especially for the public safety facilities.
 
Councilmember Corcoran questioned the hiring of the additional administrative help on a contract basis and Mr. Sjothun noted that Council did approve the office administrative position specifically to work on these projects and that the position is funded as part of the overall project.  He noted that the project teams will be made up of representatives from the pertinent departments to work through the process and assist in management of the projects. 
 
Councilmember Michaels questioned what qualifications staff would be looking for in the bid respondents.  Chief Sletmoe noted that some of the key areas are seismic, specialized exhaust systems for the vehicle bays as they are located next to living quarters, technology, alerting systems, but primarily previous experience in these areas.  Chief George spoke to the required experience with police facilities as far as safety of movement of individuals in custody, technology, flow of work, etc. but again experience will be vital.
 
Councilmember Michaels questioned if splitting the projects up further would potentially increase the cost and Mr. Sjothun noted it may and that we would likely need to look at reductions in features to ensure projects delivered under budget.  Greg McKown, Building Facilities Superintendent noted that there will be a guaranteed maximum price negotiated under the CMGC process.  Councilmember Jackle questioned if price is factored into the selection and Mr. McKown noted that the initial request for proposal is for an architect to develop a preliminary design.  When the design is completed then a guarantee package price is completed.  City Attorney Huttl noted that the architect selection cannot include price per state statue.
 
Councilmembers discussed local preference being given in the process and the potential to have representatives of the industry on the review committee.
 
Motion:  Move forward with process for separate projects for Police Facility and Fire Facilities (four RFP’s).
Moved by:  John Michaels                        Seconded by:  Chris Corcoran
 
Councilmember Michaels spoke to his motion and noted that he did not support citizen participation on the review committee and that staff has the expertise to do the selection.  Councilmember Matthews questioned if the Council will need to approve the scoring and Mr. Sjothun noted that previously the scoring committee includes a councilmember and that the City Manager would have the approval.
 
Councilmember Corcoran noted he would like the projects broken down further with one for the Police, one for the two new fire stations and one for the remodels.  Councilmember Gordon spoke to the Strategic Plan Item 5.1e which is focused on economic development to support local businesses, the need to look at green building features, outreach to local builders and suppliers and that he would like the projects broken down further.  He also spoke to spreading out the projects for a longer time.  Mayor Wheeler spoke in opposition to further separation of the projects as this would make them less manageable.
 
Call for the vote.
Moved by: Chris Corcoran                        Seconded by:  Dick Gordon
Roll Call:  Councilmembers Chris Corcoran, Dick Gordon, Daniel Bunn, John Michaels, Tim Jackle and Eli Matthews voting yes.
Motion carried.
 
Roll Call on the Main Motion:  Councilmembers John Michaels, Eli Matthews and Daniel Bunn voting yes.  Councilmembers Chris Corcoran, Dick Gordon and Tim Jackle voting no.  Mayor Wheeler broke the tie voting yes.
Motion carried and so ordered.
 
*Councilmember Corcoran left the meeting.
 
80.2   Snow Response Plan – Cory Crebbin, Public Works Director
Mr. Crebbin addressed the Council regarding the December 6th snow storm response efforts.  He noted the Council had viewed the KOBI-5 news report during lunch and he noted that the overall report was correct but he reporter’s final comments implied that roads in Medford were worse than anywhere else in the County.  He noted that television and newspaper are the most efficient way to reach City customers.  However, twisted and garbled media coverage is worse than no media coverage.  Public Works partners with reporters and accepts that legitimate criticism based on facts is a media function.   
 
He noted the December storm cost over $30,000 and is a significant impact  on the budget as the five-year average expense is $14,000.   He reported that there were four sanders working for 72 hours continuously to clear major City roadways. 
 
Mayor Wheeler adjourned the remainder of the agenda to the evening session at 2:09 p.m.
 
***************************************
80.3   Further reports from City Manager
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               None
 
90.2   Further Council committee reports.
                 
90.3   Further remarks from Mayor and Councilmembers.
 
100.   Adjournment to the evening session
 

 
EVENING SESSION
 
 
The meeting was called to order at 7:05 p.m. in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Bob Strosser, Dick Gordon, Daniel Bunn, Eli Matthews, Tim Jackle, John Michaels (*left as noted) and Chris Corcoran (*left as noted).
 
Councilmember Karen Blair was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
 
Mayor Wheeler noted that Council President Gordon has requested that the Boards and Commission appointments be moved to the beginning of the agenda.  Council concurred.
 
140.1    Boards & Commission Appointments
 
Council President Gordon noted that the Council has been provided with documentation regarding requiring a majority of votes for appointments to boards and commissions. 
 
Motion:  Establish a policy regarding board and commission appointments that requires a majority vote of the Councilmembers present to be given for the appointment of an individual to be considered valid.
Moved by:  Dick Gordon                                   Seconded by:  Chris Corcoran
 
Council discussion regarding the motion.
 
Roll Call:  Councilmembers Dick Gordon, Chris Corcoran, Daniel Bunn, Tim Jackle and Eli Matthews voting yes.  Councilmembers John Michaels and Bob Strosser voting no.
Motion carried and so ordered.
 
Arts Commission:  3 full term vacancies ending 1/31/2017 and one partial term (student) ending 1/31/2015.  No applicants for student position received.  Applicants were Michael Crane, Jennifer Eufasiam, Linda Hilderbrand, Harry Hirsch and Geeno Valdez.
 
Roll Call:
Daniel Bunn:  Crane, Efuasia, Hirsch
Chris Corcoran:  Crane, Efuasia, Hildebrand
Dick Gordon:  Crane, Eufasia, Hirsch
Tim Jackle:  Crane, Eufasia, Hildebrand
Eli Matthews:  Crane, Eufasia, Hirsch
John Michaels: Crane, Eufasia, Hirsch
Bob Strosser:  Crane, Eufasia, Hirsch
Gary Wheeler:  Crane Eufasia, Hirsch
 
Results:  Michael Crane and Jennifer Eufasia each received eight votes; Harry Hirsch received six votes; Linda Hildebrand received two votes; Geeno Valdez received no votes.
 
Michael Crane, Jennifer Eufasia and Harry Hirsch were appointed to terms ending 1/31/2017.
 
Bicycle and Pedestrian Advisory Committee:  3 full-term vacancies ending 1/31/2016.  Applicants were Steve Bismarck, Harlan Bittner, Nicole Fieguth, Carl Harsch, Jerry Lektorich, Michael Mayne, Jason Reno, Mujahid Rizoi, Melissa Stiles and Sean Sullivan.
 
 
 
Roll Call:
Daniel Bunn:  Bismarck, Mayne, Sullivan
Chris Corcoran:  Bismarck, Mayne, Sullivan
Dick Gordon:  Bismarck, Mayne, Stiles
Tim Jackle:  Bismarck, Mayne, Stiles
Eli Matthews:  Bismarck, Mayne, Sullivan
John Michaels:  Bismarck, Mayne, Sullivan
Bob Strosser: Bismarck, Mayne, Stiles
Gary Wheeler:  Bismarck, Mayne, Stiles
 
Results:  Steve Bismarck and Michael Mayne each received eight votes; Melissa Stiles and Sean Sullivan each received four votes; all others received no votes.
 
Steve Bismarck and Michael Mayne were appointed to terms ending 1/31/2016.
 
Roll Call for remaining vacancy:
Daniel Bunn:  Sullivan
Chris Corcoran: Stiles
Dick Gordon: Stiles
Tim Jackle:  Stiles
Eli Matthews:  Sullivan
John Michaels:  Stiles
Bob Strosser: Stiles
Gary Wheeler:  Stiles
 
Results:  Melissa Stiles received six votes; Sean Sullivan received two votes; all others received no votes.
 
Melissa Stiles was appointed to a term ending 1/31/2016.
 
Budget Committee:  2 full-term vacancies with terms ending 1/31/2018.  Applicants are Beverly Adams, Bruce Conway, James Herndon, Brad Johnson and Ronald Weaver.  Applicant Kyle Ahrberg withdrew.
 
Roll Call:
Daniel Bunn:  Adams, Weaver
Chris Corcoran:  Adams, Weaver
Dick Gordon: Adams, Weaver
Tim Jackle:  Adams, Weaver
Eli Matthews:  Adams, Weaver
John Michaels:  Adams, Weaver
Bob Strosser:  Adams, Weaver
Gary Wheeler:  Adams, Weaver
 
Results: Beverly Adams and Ronald Weaver each received eight votes; all others received no votes.
 
Beverly Adams and Ronald Weaver were appointed to terms ending 1/31/2018.
 
Cemetery Commission:  3 full-term vacancies with terms ending 1/31/2017.  Applicants are Ivend Holen, Mary Reeder and Paul Shoemaker.
 
Roll Call:
Daniel Bunn:  Holen, Reeder and Shoemaker
Chris Corcoran:  Holen, Reeder and Shoemaker
Dick Gordon:  Holen, Reeder and Shoemaker
Tim Jackle:  Holen, Reeder and Shoemaker
Eli Matthews:  Holen, Reeder and Shoemaker
John Michaels:  Holen, Reeder and Shoemaker
Bob Strosser:  Holen, Reeder and Shoemaker
Gary Wheeler:  Holen, Reeder and Shoemaker
 
Results:  Ivend Holen, Mary Reeder and Paul Shoemaker each received eight votes.
 
Ivend Holen, Mary Reeder and Paul Shoemaker were appointed to terms ending 1/31/2017
 
Housing and Community Development Committee:  3 full-term vacancies ending 1/31/2017 and 1 partial term vacancy ending 1/31/2015.  Applicants were Kyle Ahrberg, Marie Cabler, Glenn Carroll, Priscilla Dean, Sally Densmore, Gary Edwards, Denise James and Shannon Pewtress.
 
Roll Call for Partial Term Vacancy:
Daniel Bunn:  James
Chris Corcoran: James
Dick Gordon:  Densmore
Tim Jackle:  James
Eli Matthews: James
John Michaels:  James
Bob Strosser:  Densmore
Gary Wheeler:  James
 
Results:  Denise James received six votes; Sally Densmore received two votes; all others received no votes.
 
Denise James was appointed to the partial term vacancy ending 1/31/2015.
 
Roll Call for full term vacancies:
Daniel Bunn:  Cabler, Densmore, Pewtress
Chris Corcoran:  Cabler, Carroll, Pewtress
Dick Gordon:  Cabler, Densmore, Pewtress
Tim Jackle:  Cabler, Carroll, Densmore
Eli Matthews:  Cabler, Carroll, Densmore
John Michaels:  Cabler, Carroll, Pewtress
Bob Strosser:  Cabler, Carroll, Densmore
Gary Wheeler:  Cabler, Densmore, Pewtress
 
Results:  Marie Cabler received eight votes; Sally Densmore received six votes; Glenn Carroll and Shanon Pewtress received five votes; all others received no votes.
 
Marie Cabler and Sally Densmore were appointed to terms ending 1/31/2017.
 
Roll Call for remaining full term vacancy.
Daniel Bunn:  Carroll
Chris Corcoran:  Pewtress
Dick Gordon:  Pewtress
Tim Jackle:  Carroll
Eli Matthews:  Carroll
John Michaels:  Carroll
Bob Strosser:  Carroll
Gary Wheeler:  Pewtress
 
Results:  Glenn Carroll received five votes; Shanon Pewtress received three votes; all others received no votes.
 
Glenn Carroll was appointed to a term ending 1/31/2017.
 
 
 
Landmarks and Historic Preservation Commission:  2 full-term vacancies with terms ending 1/31/2018.  Applicants are Jeffrey Applen, Sara Brendel, Bruce Conway and Melodee Sewell.
 
Roll Call:
Daniel Bunn:  Applen, Brendel
Chris Corcoran:  Applen, Sewell
Dick Gordon:  Applen, Brendel
Tim Jackle: Applen, Sewell
Eli Matthews:  Applen, Sewell
John Michaels:  Applen, Brendel
Bob Strosser:  Applen, Sewell
Gary Wheeler:  Applen, Sewell
 
Results:  Jeffrey Applen received eight votes; Melodee Sewell received five votes; Sara Brendel received three votes and Bruce Conway received no votes.
 
Jeffrey Applen and Melodee Sewell were appointed to terms ending 1/31/2018.
 
Multicultural Commission: 2 full-term vacancies with terms ending 1/31/2017.   Applicants are Priscilla Dean, Jerry McDougall, Debra Lee and Wenonoa Spivak.
 
Roll Call:
Daniel Bunn:  Lee, Spivak
Chris Corcoran:  Lee, Spivak
Dick Gordon: Lee, Spivak
Tim Jackle: Dean, Spivak
Eli Matthews:  Lee, Spivak
John Michaels: Lee, Spivak
Bob Strosser:  Lee, Spivak
Gary Wheeler:  McDougall, Lee
 
Results:  Debra Lee and Wenonoa Spivak each received seven votes; Priscilla Dean and Jerry McDougall each received one vote.
 
Debra Lee and Wenonoa Spivak were appointed to terms ending 1/31/2017.
 
Parking Commission:  4 full-term vacancies with terms ending 1/31/2017.  Applicants were Clay Bearnson and Kristy Painter.  Applicant Joel Marks withdrew.
 
Roll Call:
Daniel Bunn:  Bearnson, Painter
Chris Corcoran:  Painter, abstain
Dick Gordon:  Bearnson, Painter
Tim Jackle:  Bearnson, Painter
Eli Matthews: Bearnson, Painter
John Michaels:  Bearnson, Painter
Bob Strosser:  Bearnson, Painter
Gary Wheeler:  Bearnson, Painter
 
Results:  Kristy Painter received eight votes; Clay Bearnson received seven votes.
 
Kristy Painter and Clay Bearnson were appointed to terms ending 1/31/2017.
 
Parks & Recreation Commission:  3 full-term vacancies with terms ending 1/31/2017.  Applicants are Debra Carole, Lance Carroll, George Duran, Rich Hansen, Charles Heeman, Frank Hoeper, Lawrence Reavis, Mujahid Rizvi and Jerry Sessions.
 
 
 
Roll Call:
Daniel Bunn:  Hansen, Hoeper, Rizvi
Chris Corcoran: Hansen, Hoeper, Rizvi
Dick Gordon:  Hansen, Hoeper, Rizvi
Tim Jackle: Hansen, Hoeper, Rizvi
Eli Matthews: Hansen, Hoeper, Rizvi
John Michaels:  Hansen, Hoeper, Rizvi
Bob Strosser:  Hansen, Hoeper, Rizvi
Gary Wheeler:  Hansen,Hoeper, Rizvi
 
Results:  Rich Hansen, Frank Hoeper and Mujahid Rizvi each received eight votes; all others received no votes.
 
Rich Hansen, Frank Hoeper and Mujahid Rizvi were appointed to terms ending 1/31/2017.
 
Planning Commission:  2 full-term vacancies with terms ending 1/31/2018 and 1 partial-term vacancy ending 1/31/2014.                                
 
Roll Call:
 Daniel Bunn:  McFadden, Shoemaker
Chris Corcoran:  McFadden, abstain
Dick Gordon:  McFadden, Weaver
Tim Jackle:  McFadden, Shoemaker
Eli Matthews:  McFadden, Weaver
John Michaels:  Krum, McFadden
Bob Strosser:  McFadden, Shoemaker
Gary Wheeler:  McFadden, Shoemaker
 
Results:  David McFadden received eight votes; Paul Shoemaker received four votes; Ronald Weaver received two votes and Collin Krum received one vote.
 
David McFadden was appointed to a term ending 1/31/2018.
 
Roll Call remaining full-term vacancy:
Daniel Bunn:  Shoemaker
Chris Corcoran:  Shoemaker
Dick Gordon: Weaver
Tim Jackle:  Shoemaker
Eli Matthews:  Weaver
John Michaels:  Krum
Bob Strosser:  Shoemaker
Gary Wheeler:  Krum
 
Results:  Paul Shoemaker received four votes; Ronald Weaver received two votes; Collin Krum received two votes.  No majority – revote.
 
Roll Call remaining full-term vacancy:
Daniel Bunn:  Shoemaker
Chris Corcoran:  Shoemaker
Dick Gordon: Weaver
Tim Jackle:  Shoemaker
Eli Matthews:  Weaver
John Michaels:  Shoemaker
Bob Strosser:  Shoemaker
Gary Wheeler:  Shoemaker
 
Results:  Paul Shoemaker received six votes; Ronald Weaver received two votes: Collin Krum received no votes.
 
Paul Shoemaker was appointed to a term ending 1/31/2018.
 
Motion:  Appoint Paul Shoemaker to complete the partial term ending 1/31/2014.
Moved by:  Dick Gordon                       Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Dick Gordon, Daniel Bunn, Chris Corcoran, Bob Strosser, Eli Matthews, John Michaels, Tim Jackle and Gary Wheeler voting yes.
Motion carried and so ordered.
Police Advisory Committee:  4 full-term vacancies with terms ending 1/31/2016.  Applicants are: Ward 1 – Dennis Barseli, Jerry McDougall, Maureen Swift; Ward 3 – Gerald Boldt and Roberta Thornton; Faith Community – Larry Knight; 549C School District – Richard Parsagian.
 
Roll Call:
Daniel Bunn:  Swift, Thornton, Knight, Parsagian
Chris Corcoran: Swift, Thornton, Knight, Parsagian
Dick Gordon:  Swift, Thornton, Knight, Parsagian
Tim Jackle:  Swift, Thornton, Knight, Parsagian
Eli Matthews:  Swift, Thornton, Knight, Parsagian
John Michaels:  Swift, Thornton, Knight, Parsagian
Bob Strosser:  Swift, Thornton, Knight, Parsagian
Gary Wheeler:  Swift, Thornton, Knight, Parsagian
 
Results:  Maureen Swift, Roberta Thornton, Larry Knight and Richard Parsagian each received eight votes; all others received no votes.
 
Maureen Swift, Roberta Thornton, Larry Knight and Richard Parsagian were appointed to terms ending 1/31/2016.
 
Site Plan and Architectural Commission:  2 full-term vacancies ending 1/31/2018 and 1 partial-term vacancy ending 1/31/2017.  Applicants are Roy Cooper, Jeffrey Bender, Brad Johnson and James Quinn.
 
Roll Call:
Daniel Bunn:  Cooper, Bender
Chris Corcoran:  Cooper, Bender
Dick Gordon:  Cooper, Bender
Tim Jackle:  Cooper, Bender
Eli Matthews:  Cooper, Bender
John Michaels:  Cooper, Bender
Bob Strosser:  Cooper, Bender
Gary Wheeler:  Cooper, Bender
 
Results:  Roy Cooper and Jeffrey Bender each received eight votes; all others received no votes.
 
Roy Cooper and Jeffrey Bender were appointed to terms ending 1/31/2018.
 
Roll Call for partial-term vacancy:
Daniel Bunn: Johnson
Chris Corcoran: Quinn
Dick Gordon: Quinn
Tim Jackle: Quinn
Eli Matthews:  Johnson
John Michaels:  Quinn
Bob Strosser:  Quinn
Gary Wheeler:  Quinn
 
Results:  James Quinn received six votes and Brad Johnson received two votes; all others received no votes.
 
James Quinn was appointed to a term ending 1/31/2017.
 
Unified Appeal Board:  5 full-term vacancies with terms ending 1/31/2016.  Applicants are Bruce Abeloe, Mark Dew and Jerry Shean.
 
Roll Call:
Daniel Bunn:  Abeloe, Dew, Shean
Chris Corcoran: Abeloe, Dew, Shean
Dick Gordon:  Abeloe, Dew, Shean
Tim Jackle:  Abeloe, Dew, Shean
Eli Matthews:  Abeloe, Dew, Shean
John Michaels:  Abeloe, Dew, Shean
Bob Strosser: Abeloe, Dew, Shean
Gary Wheeler: Abeloe, Dew, Shean
 
Results:  Bruce Abeloe, Mark Dew and Jerry Shean each received eight votes and were appointed to terms ending 1/31/2016.
 
Water Commission:  Mayor Wheeler announced his appointment of Jason Anderson to the Water Commission.
 
Motion:  Affirm the Mayor’s appointment of Jason Anderson to the Water Commission.
 Moved by:  Bob Strosser                      Seconded by:  Dick Gordon
Roll Call:  Councilmembers Bob Strosser, Dick Gordon, Chris Corcoran, John Michaels, Daniel Bunn, Eli Matthews and Tim Jackle voting yes.
Motion carried and so ordered.
 
Mayor’s Youth Advisory Commission:  Mayor Wheeler announced his appointment of Claira Cummings to the Commission.
 
140.2    Mayor Wheeler noted that the joint study session with the Planning Commission which has been tentatively scheduled for January 23 needs to be discussed.  Staff has reported that the Planning Commission has a heavy agenda at their January and February meetings and it is requested to schedule for another date.  Council questioned if they wished to push this topic out to March or look at a different evening date in January.  Council discussed and staff will survey Council for potential dates in January.
 
110.   Oral requests and communications from the audience
Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization.  PLEASE SIGN IN.
 
         110.   Quarterly Governmental Relations update from SmithWest Co.
                  Postponed
        
120.   Public Hearings
120.1    COUNCIL Bill 2013-183  A resolution approving a Substantial Amendment to the City of Medford’s 2013-14 Action Plan for use of Community Development Block Grant funds.
 
Jennifer Sparacino, Executive Support Specialist, addressed the Council and provided a staff report.  She noted that the amendment proposed is recommended to address reallocation of program funds.  The Housing and Community Development Committee supports the proposed amendments.
 
Public hearing opened.
Councilmember Strosser noted he is a board member for ACCESS and the Senior Center but does not feel there is a conflict.
 
         No public input
Public hearing closed.
 
Motion:  Adopt the resolution approving the Substantial Amendment.
Moved by:  Daniel Bunn               Seconded by:  John Michaels
Roll Call:  Councilmembers Daniel Bunn, John Michaels, Chris Corcoran, Dick Gordon, Tim Jackle, Eli Matthews and Bob Strosser voting yes.
Resolution 2013-183 was duly adopted.
 
120.2    Consider an appeal of a decision regarding a crosswalk at the intersection of Riverside Avenue and 5th Street.
 
Cory Crebbin, Public Works Director addressed the Council and provided a staff report.  Mr. Crebbin reviewed the request and process for the decision.  He noted that the Traffic Coordinating Committee reviewed the request and did not recommend approval.  He reviewed the MUTCD technical analysis for implementation of traffic crosswalk lines. 
 
Councilmembers questioned their authority in this issue and City Attorney Huttl noted that the Council has the ability to revise/revoke the Public Works Director’s decision.
 
Public meeting opened.
 
  1. Eric Iversen, representing Lithia and the Inn at the Commons addressed the Council.  He spoke to the new ownership of the Inn at the Commons.  He remarked on work done by the Medford Urban Renewal Agency ten years ago that set 5th Street as a special pedestrian way and with special features.  He spoke to the new businesses coming in across from the Inn at the Commons that will drive more pedestrian traffic to cross Riverside.
 
Councilmember Corcoran questioned if the private entities would be willing to assist in any cost to implement a crossing and Mr. Iversen stated that would be possible.
 
 
  1. Sally Densmore, 1736 Inverness Drive, Medford addressed the council and spoke in support of installation of a crosswalk.
 
  1. Chris Anderson, Direct of Relations for Inn at the Commons, spoke in support of the crosswalk.
Public hearing closed.
 
Motion: Uphold the Public Works Director’s decision and deny the appeal.
Moved by:  John Michaels                        Seconded by:  Daniel Bunn
 
Councilmember Michaels spoke to his motion and suggested having staff do some further investigation into the possibility of private industry funding of a crosswalk.
 
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Bob Strosser, Eli Matthews, Tim Jackle, Dick Gordon and Chris Corcoran voting yes.
Motion carried and so ordered.
 
Motion:  Direct staff to work with applicant to review alternatives from cost bearing standpoint including engineering safety aspects.
Moved by: Chris Corcoran                        Seconded by: John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Bob Strosser, Dick Gordon, Tim Jackle, Daniel Bunn and Eli Matthews voting yes.
Motion carried and so ordered.
 
Mayor Wheeler called a 5 minute recess.
********************************
Meeting was called to order at 8:46 p.m. with same persons present.
 
120.3    Consider an appeal of the Planning Commission decision to not remove a condition of approval related to off-site street improvements for Phases 4 and 5 of Spring Meadows PUD and subdivision. (PUD-13-068, LDS-13-069) (Land Use, Appeal)
 
 
Kelly Akin, Planning Department addressed the Council and noted that the Council has received copies of a letter from Attorney Alan Harper and a response by Deputy City Attorney Lori Cooper.   Ms. Akin pointed out an error on page two of the memo from Ms. Cooper pertaining to reference that the 2011 applicant was a different entity.  This is not the case as the 2011 applicant was the current applicant.
 
Ms. Akin reviewed the approval criteria and scope of review of the appeal.             Ms. Akin reviewed the history of the PUD application and amendments as processed by the Planning Commission and staff. 
 
On September 28, 2006 the Planning Commission adopted a final order approving the Spring Meadows Planned Unit Development, a 71-lot subdivision to be constructed in four phases.  Companion applications included a Zone Change from SFR-00 to SFR-06, a lad division to create 71 lots, and an exception to reduce the right-of-way width of La Conner Drive and South Stage Road. 
 
De minimis revisions have been approved by the Planning Director related to house orientation, phase line reconfiguration, lot orientation and sub-phasing.
 
In 2010, an application to revise the planned unit development was disapproved by the Planning Commission.  The revision request included the reconfiguration of and reduction in the number of lots, the inclusion of additional phases, and the revision of La Conner Drive into a cul-de-sac design at the south end instead of a connection to Broadview Avenue.  The Commission denied the request based upon the finding that the original application had demonstrated that the connection from La Conner Drive to Broadview Avenue was possible and that the connected street network was in the public benefit.
 
The tentative plat for Phases 1 and 4 expired after the 2006 approval period ended in 2011.  The Planning Commission approved a new tentative plat for Phases 1 and 4 on October 27, 2011.  That approval included dividing Phase 4 into Phases 4 and 5 and reduced the number of lots from 71 to 67.
 
The final planned unit development plans and final plats have been approved for Phases 1, 2 and 3.  Construction is nearly completed on those phases; only Phases 4 and 5 remain to be developed.
 
The current Spring Meadow applications that are subject of this appeal affect only Phases 4 and 5.  The applications include three revision requests: 1) reduce the number of lots in Phase 4 from 13 to 12; 2) change the section of La Conner Drive in Phase 4 from a minor residential street to a residential land; and 3) relief from the condition stipulated by the former developer/owner to reconstructing the existing portion of Lucky Lane from the westerly project boundary approximately 655 feet to Griffin Creek Road, which is an off-site improvement.
 
Ms. Akin noted that a single allegation of error was identified in the appeal contending that the Planning Commission imposed a condition that is an improper exaction under the relevant case law.  She noted that the Planning Commission did not improperly impose a condition of approval; it refused to remove one that was stipulated to by the owner and therefore, the Planning Commission did not err in its decision.
 
Councilmember Jackle noted that he has a conflict of interest and will not be participating in this decision.
 
Public hearing opened.
 
  1. Alan Harper, attorney for the applicant addressed the Council.  He spoke to the issue that this is an amendment to the planned unit development and this should be considered a new application and not referred back to the stipulation on the zone change decision. He stated that the Planning Commission did not conduct a proportionality review and there is no evidence in the record or findings that this was completed.  He noted that the applicant is asking that conditions of approval of the revised planned unit development and land division be consistent with the reduced level of impacts evidenced in the revised planned unit development.  He noted that imposing off-site improvements so that the County will accept maintenance responsibility is not a substitute for a proper proportionality analysis.  The scope of off-site improvements should not be driven by the desire to build the road in the urban growth boundary which the County or City desires but it must be a balance of the impacts created by the revised planned unit development.  He noted that they are requesting that the matter be remanded back to the Planning Commission with direction to conduct the proper review of off-site conditions it wishes to impose in light of the revised planned unit development which it has approved.
 
Public hearing closed.
 
Councilmembers questioned the proportional analysis requirement and Mr. Huttl noted that the original stipulation was not based on Nolan/Dolan takings issues but was offered by the developer to get approval for the planned unit development and zone change.  Further revisions to the planned unit development do not need additional analysis.  Deputy City Attorney Lori Cooper addressed the Council and spoke to the fairness issue.  She noted that if the Council supports this appeal it could open a dangerous precedent.
 
Public hearing reopened.

Alan Harper under rebuttal spoke to the statement that the revisions are too small to justify reanalysis and that this is not the case.   He spoke to the danger of doing this and setting a precedent and he was surprised staff would take that position.    He stated that if the revision is large enough to trigger a new planned unit development application then a new analysis should be done.
Public hearing closed.
 
Motion:  Affirm the Planning Commission decision denying the appeal.
Moved by:  John Michaels                        Seconded by:  Daniel Bunn
 
Councilmembers discussed the motion.  Councilmember Corcoran noted he did not find evidence in the presentation to support the appeal.
 
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Chris Corcoran,  Dick Gordon, Bob Strosser and Eli Matthews voting yes. Councilmember Tim Jackle abstained.
Motion carried and so ordered.
 
Motion:  Extend the meeting until 120.4 is complete.
Moved by:  John Michaels                        Seconded by:  Daniel Bunn
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Bob Strosser, Chris Corcoran, Tim Jackle, Eli Matthews and Dick Gordon voting yes.
Motion carried and so ordered.
 
         120.4    Consider an appeal of the Planning Commission denial of an application to revise a portion of Vista Pointe Planned Unit Development known as East McAndrews Village. (PUD-13-124, LDS-13-002) (Land Use, Appeal)
 
Councilmember Chris Corcoran noted he would be abstaining from this item as his employer is a participant in this project.
 
*Councilmember Corcoran left the meeting.
 
Jim Huber, Planning Director addressed the Council and noted that additional memos have been received that Council may have received these earlier today and are submitted to the record.  He reviewed the purpose of the hearing and the scope of review and criteria for approval. 
 
He noted that the basis of the appeal are: 1) the findings of fact are insufficient to justify denial of the applications; 2) there is not substantial evidence in the record to support denial of the application; and 3) the Planning Commission erred as a matter of law in denying the applications in that its decision was inconsistent with Medford Municipal Code and the law of exactions under the Dolan/Nolan line of cases.
 
Mr. Huber noted that the Planning Commission’s findings of fact were sufficient to justify the decision to deny the revision to the planned unit development in that: 1) the proposal to remove a significant portion of the commercial uses was not consistent with the developed portions of the planned unit development and did not meet the criterion of MLDC 10.245(A)(3); 2) the proposed modifications did not enhance the development as a whole resulting in a more creative and desirable project and did not meet the criterion of MLDC 10.235(D)(2)(b); 3) the proposed land division did not meet the standards of the Code and did not meet the criterion of MLDC 10.270(1); and that there was not a requirement to make a finding under MLDC 10.688 as the Planning Commission did not make a decision based on this section.
 
Councilmember Michaels questioned how the determination of enhancement is made and Mr. Huber noted that the code language for planned unit developments does not have clear and objective standards as it is intended to allow for creativity in the development.  City Attorney Huttl questioned what the Planning Commission considered when looking at compatibility and Mr. Huber noted that the public testimony from homeowners in the development was a consideration.
 
*Councilmember John Michaels left the meeting.
 
Mayor Wheeler called a 5 minute recess.
 
**********************************
Meeting reconvened at 10:25 with same persons present.
 
Deputy City Attorney Lori Cooper replaced City Attorney Huttl who left the meeting.
 
Mayor Wheeler noted that individuals who would like to testify need to have standing in the Planning Commission hearing in order to speak.
 
Public hearing opened.
 
  1. Sydnee Dreyer, representing AmericanWest Bank, addressed the Council regarding the appellant’s position.  She spoke to the changes brought forward in the application and requested that if the Council cannot support the entire revisions presented that the Council look at the residential component separate from the bridge component.
 
Jim Maize, P.O. Box 628, Medford addressed the Council regarding the proposed changes in density and modifications to the planned unit development.  Councilmember Jackle questioned the changes to density and stated he did not feel that this meets the intent of the planned unit development code language.  Mr. Maize noted that there is still a mix of housing types offered and therefore does meet the code language. 
 
Ms. Dreyer addressed the Council and stated that the Planning Commission did not find that the purpose statements were not met but that they were concerned with compatibility.  She addressed the component regarding the bridge crossing of Lazy Creek and noted that this could be considered separate from the residential component.  She noted that the Planning Commission did not make any findings to deny the relocation of the bridge and that there is evidence in the record to support relocation of the bridge.  She stated the Planning Commission erred in not supporting the bridge relocation.
 
Ms. Dreyer noted that the Council had previously agreed to the three-party agreement for the relocation of the bridge if the Planning Commission reviewed the proposed relocation and agreed.  The Planning Commission did not address the bridge relocation specifically in their findings for denial.
 
 
 
 
  1. Sue Osborn, 4322 Tamarack Drive, Medford, spoke in support of the Planning Commission findings and requested Council uphold the denial.  She noted that the developer is requesting 214 variances and how those would affect the existing property owners and neighborhood.  She noted that the proposal does not enhance the planned unit development.
 
 
  1. Chris Durham, 1009 McPhearson Lane, Medford addressed the Council regarding the proposal and requested that the Council deny the appeal.
 
 
  1. Alex Pawlowski, 4146 Hemlock Drive, Medford addressed the Council regarding the appeal and spoke in support of the relocation of the bridge.  The current plan for the bridge will impact his property.  He spoke to the commercial element as a future amenity that the existing neighbors considered when they purchased.
 
 
  1. Gary Parker, 641 Forest Ridge Drive, Medford addressed the Council and spoke to the loss for the existing home owners with the change to the original planned unit development for the area.
 
 
  1. Errol Reiter, 161 Carly Circle, Medford spoke in favor of the bridge relocation and the need for additional access in that area.  He noted during the recent storm access was very limited.
 
 
  1. Julie Jackson, 4432 Vista Pointe Drive, Medford addressed the Council in support of the denial of the revisions and urged the Council to support the existing neighborhood.  She spoke to development of a plan that would be a compromise of the original plans and modifications sought by the developer.
 
 
  1. Steve Osborn, 4322 Tamarack Drive, Medford questioned when the bridge is being discussed as it was not part of the appeal and there were no findings on this part of the application.
 
 
  1. Marcia Durham, 1009 McPhearson Lane, Medford spoke to the deterioration of the existing neighborhood if the revised planned unit development is approved.  The revision is not compatible with the existing neighborhood.
 
 
  1. Carolyn Callahan, 4335 Jennie Way, Medford addressed the Council regarding the impacts on traffic with revised planned unit development design.
 
 
  1. Sydnee Dreyer, under rebuttal, addressed the Council.  She noted that the appellant believes there is not sufficient evidence in the record to support the Planning Commission decision.  She noted that her client is willing to withdraw their appeal on the changes to the planned unit development but requested that the Council address the bridge relocation component. She feels that there is sufficient evidence in the record to support the bridge.
 
Public hearing closed.
 
Mayor Wheeler asked for exparte communication.  Councilmember Jackle noted he had watched some of the Planning Commission hearings on TV and did not hear anything that is not in the record before the Council.  Councilmember Matthews noted he had a brief conversation with Kevin McDermott and information received from Craig Ellerbeck via Facebook and both of those individuals are in the record.  Councilmember Bunn noted he had received a letter which is part of the record and he is the liaison to the Bicycle & Pedestrian Advisory Committee which submitted comments to this issue but he did not participate in their discussion.  Councilmember Gordon noted he had read all the emails received but discounted unless they are a part of the record.  Councilmember Strosser noted he received information and reviewed them to make sure the individual had standing before reading, additionally he had exparte contacts from individuals regarding this matter and he listened and thanked them but did not discuss the issue further.  Mayor Wheeler noted he had received written comments but utilized the record for his review of the issue.
 
Motion:  Affirm the Planning Commission denial of an application to revise a portion of Vista Pointe Planned Unit Development known as East McAndrews Village.
Moved by:  Bob Strosser             Seconded by:  Tim Jackle
 
Councilmember Strosser spoke to his motion and that he did not find evidence in the record to support the basis of the appeal.  Councilmember Jackle noted he felt the Planning Commission findings were adequate to support the decision.  Councilmember Gordon noted he would have supported a remand to the Planning Commission but that would not be practical given the time constraints.
 
Roll Call:  Councilmembers Bob Strosser, Tim Jackle, Daniel Bunn, Eli Matthews, Dick Gordon and John Michaels voting yes.
Motion carried and so ordered.
 
130.   Ordinances and Resolutions
         None
        
 
140.   Council Business
140.1    Boards & Commission Appointments
                     Moved to beginning of meeting.
 
150.   Further reports from the City Manager and staff
 
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 11:55 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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