Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, February 20, 2014

                                     MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                 February 20, 2014
                                                                             
 
 
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, Daniel Bunn, Bob Strosser, Eli Matthews, Tim Jackle, John Michaels (*left and returned as noted) and Chris Corcoran (*left as noted).
 
Councilmember Karen Blair was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; Deputy City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
McLoughlin Students of the Month
Postponed to next meeting.
 
Employee Recognition
Employees from the Fire, Parks & Recreation, Finance and Public Works Departments were recognized for their years of service.
 
New Employees
Jason Pereira, Jose Garcia and Darcy Wellington, Parks Worker I; Jillian Tarvin-Hatten, Police Crime Analyst; and Tilah Manring, Court Specialist were introduced.
 
20.     Approval or correction of the minutes of the February 6, 2014 regular meeting
There being no corrections or amendments the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Presentation by the Multicultural Commission          
Steven Sobhi, Chair of the Multicultural Commission addressed the Council and provided an update on the Commission activities.  The Commission is continuing to work with the Police Department on the survey of the Latino community.
 
30.2   Travel Medford Quarterly Update by Anne Jenkins
Ms. Jenkins addressed the Council and provided an update on the activities of the agency.  She noted that local occupancy rates are up.  She spoke to work being done with event planners to assist in packaging hotel rooms and other tourism activities.
 
30.3   SOREDI Quarterly Update by Ron Fox
Mr. Fox addressed the Council and provided an update on the local and regional recruitment and retention activities.  He spoke to the Southern Oregon EDGE campaign that will highlight Southern Oregon businesses.
 
Councilmembers discussed the types of businesses that exist within the region.  Mr. Fox noted that the region has transformed itself and is very diverse.  Bill Hoke, Deputy City Manager spoke to the need to have the region develop an identity and the development of the EDGE campaign.  Councilmember Corcoran requested that the EDGE program be presented to the Council in a study session and that the Council consider the funding of SOREDI in that this type of campaign will take additional funding to be successful.
 
30.4   Jeremy Strahmer and Jason Triplett,  representing Medford School District 549C Teachers Union members addressed the Council regarding the current teacher’s strike.  They requested the Council assist them in resolving the conflict.  They spoke to the lack of access to the School Board members as they have been in executive sessions and are not available to the public.  They requested the Council reach out to the School Board and encourage them to hold open meetings.
 
30.5   Dennis Murphy, 1798 Myers Lane, Medford addressed the Council regarding the 549C School District strike. 
 
30.6   Michael Pate, Columbia, North Carolina representing Electric Guard Dog fencing company addressed the Council and requested that they consider amending the Medford Code to allow for electric fencing.  He presented information regarding his company’s product for Council to review. Councilmembers requested staff review the information and code language and report back.
 
40.     Consent calendar
 
50.     Items removed from consent calendar
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2014-24  An ordinance authorizing the Police Department to hire one additional FTE police officer.
 
Motion:  Adopt the ordinance authorizing the Police Department to hire one additional FTE police officer.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Chris Corcoran, Dick Gordon, Eli Matthews, Tim Jackle and John Michaels voting yes.
Ordinance 2014-24 was duly adopted.
 
60.2   COUNCIL BILL 2014-25  A resolution adopting a fourth Supplemental Budget for the 2013-15 biennium.
 
Alison Chan, Finance Director addressed the Council and provided an overview of the actions to be taken in this Supplemental Budget.  Four funds will be affected by this supplemental budget; General Fund, Public Safety Fund, Park Dedication Fund and the Sewage Treatment Fund.
 
*Councilmember Michaels left and returned to the meeting.
 
Motion:  Adopt the resolution approving a fourth Supplemental Budget for the 2013-15 biennium.
Moved by:  Bob Strosser             Seconded by:  John Michaels
Roll Call:  Councilmembers Bob Strosser, John Michaels, Daniel Bunn, Tim Jackle, Eli Matthews, Dick Gordon and Chris Corcoran voting yes.
Resolution 2014-25 was duly adopted.
 
60.3   COUNCIL BILL 2014-26  A resolution adopting the City of Medford Strategic Plan for 2014-2019.
 
Glenda Wilson, Assistant to the City Manager provided a staff report and overview of the process and revisions to the Strategic Plan for 2014-2019.
 
Motion:  Adopt the resolution approving the City of Medford Strategic Plan for 2014-2019.
Moved by:  Daniel Bunn               Seconded by:  Bob Strosser
Roll Call:  Councilmembers Daniel Bunn, Bob Strosser, John Michaels, Tim Jackle, Dick Gordon, Chris Corcoran and Eli Matthews voting yes.
Resolution 2014-26 was duly adopted.
 
70.     Council Business
70.1   Parking Commission Appointment
Councilmember Matthews reported on the interview committee results.
 
Motion:  Appoint Kim Wolfe to the Parking Commission for a term ending 1/31/2017.
Moved by:  Eli Matthews              Seconded by:  Dick Gordon
Roll Call:  Councilmembers Eli Matthews, Dick Gordon, Chris Corcoran, Daniel Bunn, Tim Jackle, Bob Strosser and John Michaels voting yes.
Motion carried and so ordered.
        
70.2   Councilmember Bunn distributed a draft response to the Medford Rural Fire District #2 letter regarding their concerns with the ESCI survey and potential outcomes.  He requested Council review the draft for further discussion at the evening meeting.
 
80.     City Manager and other staff reports
80.1   SOREDI Quarterly Update by Ron Fox
                  *Taken out of order.
 
80.2   Travel Medford Quarterly Update by Anne Jenkins
                  *Taken out of order.
 
80.3   Capital Improvement Projects Update Report by Brian Sjothun
Mr. Sjothun addressed the Council and provided an overview of the new report.  The report is a snapshot in time as of January 31, 2014.  This will be included in future Council agenda packets each month for the 2nd meeting of the month. 
 
Councilmember Corcoran questioned the staggering of construction and Mr. Sjothun noted that this will occur with the Fire station projects as they cannot all be done at the same time as we have to relocate the crews and equipment to ensure public safety services are maintained.
 
80.4   Mr. Swanson reported on the request from Ms. Foster regarding the utility billing issue she experienced with the closure of the home occupation.  He noted that the Medford Code limits the “look back” period to two years and that no legal error was made by staff.   He noted that with the new billing system, this type of issue should not occur in the future.
 
Council discussed the request and expressed concern that the citizen could not have known they were being billed for the home occupation fees as this was not apparent on the monthly billing.  Council supported the request for the overbilling credit and requested staff develop motion language for this to be taken up at the evening session.
 
80.5   Mr. Swanson noted the utility bill that went out this month reflects the $2.00 public safety fee increase.  He noted Phone calls have been received and Council may hear from the public.  Staff will be putting information on the City website to help educate the public on the need for the fee increase.
 
80.6   Mr. Swanson reported that the Medford Forum this month will be on the Strategic Plan and that Rogue Valley Television will be utilizing a new moderator for the program.  He noted that he will also be on KCMX on Tuesday regarding the Strategic Plan.
 
80.7   Mr. Swanson reported that staff is meeting with Charter tomorrow on franchise negotiation.
 
80.8   Mr. Swanson commented on the Medford Police Department Awards Banquet and that it was a great event.
 
*Councilmember Corcoran left the meeting.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               American Red Cross Month, May 2014
 
90.2   Further Council committee reports.  
 
90.3   Further remarks from Mayor and Councilmembers.
                 
100.   Adjournment to the evening session
There being no further business, the meeting was adjourned at 2:03 p.m.

 
*******************************************************************
EVENING SESSION
 
The meeting was called to order at 7:20 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, Daniel Bunn, Bob Strosser, Eli Matthews, Tim Jackle, John Michaels and Chris Corcoran.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; Deputy City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
110.1    Finance Director Alison Chan addressed the Council regarding the return of funds utilized by the Housing Authority of Jackson County for the Homeowner Repair Program.  The Housing Authority is requesting that the returned funds be granted for this program.   Staff is recommending the funds be disbursed to the program for repairs in the Liberty Park neighborhood.
 
Motion:  Direct staff to disburse the funds to the Housing Authority of Jackson County for the homeowner repair program in Liberty Park.
Moved by:  Bob Strosser                         Seconded by:  Dick Gordon
Roll Call:  Councilmembers Bob Strosser, Dick Gordon, Tim Jackle, Chris Corcoran, John Michaels, Daniel Bunn and Eli Matthews voting yes.
Motion carried and so ordered.
 
120.   Public hearings
120.1    Consideration of a request to withdraw one parcel totaling 17.13 acres located at the westerly terminus of Ehrman Way, approximately 557 feet west of Joseph Street, from the City of Medford.  (A-13-041) (Land Use, Quasi-judicial)
 
Kelly Akin, Principal Planner provided a staff report.  She reviewed the State statues that govern removal of land from city jurisdiction and provides the approval criteria.  Ms. Akin noted that the first criterion in ORS 222.460, which governs this request, requires the City Council to find that the public interest will be furthered by approving the withdrawal of territory.  The applicant has not provided sufficient evidence to support a positive response.  Staff concludes that the applicant has very narrowly interpreted “public interest” and that if the request is approved, the property would continue to utilize City facilities and services without applying for them via City property taxes and utility fees.  She noted that annexation is typically a permanent condition.  City limits are not a revolving door to be used when one jurisdiction renders a less than desirable decision.  In this case, there appear to be alternatives in the Medford Land Development Code for developing the property that have not yet been explored by the applicant.  The applicant did not file an appeal to the 2012 Planning Commission decision to deny the land division and exception applications.  The request to withdraw is not yet ripe.  Finally, the City is responsible for providing various service facilities for the benefit of residents and taxpayers within the city and owes them a basic and primary duty to preserve the capacity of the facilities for their benefit.
 
Councilmember Jackle questioned the term “ripe” and Ms. Akin noted that there are other options the applicant could pursue such as a Planned Unit Development application.
 
Council discussion regarding how this withdrawal would affect services such as police, fire and water.
 
Public hearing opened.
 
 
  1. Mark Bartholomew, attorney for applicant, addressed the Council regarding the request.  He noted that the applicant has identified elements of the request that address the public interest such as it is easier for the applicant to subdivide the property under county regulations; the County property taxes and fees are significantly lower; and this would remove substandard streets from the City jurisdiction.
 
Councilmember Corcoran questioned why the applicant did not appeal the 2012 Planning Commission decision and Mr. Bartholomew stated the applicant was frustrated by the process and dealings with Planning Department staff and that a positive outcome did not seem likely.   Councilmember Corcoran questioned the development of the street to City standard prior to annexation and Mr. Bartholomew noted the applicant was under the impression that the streets were built to City standards.  He noted that the applicant invited the City to inspect the streets and the City staff declined. 
 
Councilmembers questioned the street improvements and the County approval.
 
Matt Ropp, Land Use Consulting, Inc. for the applicant, addressed the Council and responded to questions regarding urban growth boundary, Boise Cascade property location, and that roads serving the development are accessed from N. Pacific Highway.   He spoke to the work done with Public Works staff to address the street issue.  He noted in 2003 when site developed, the intent was to construct the streets to the City standards, does not know what happened.  City was invited to inspect the streets and declined.  Property owner declined to annex property prior to development.  Owner understood that the County was going to accept the streets but upon completion the County did not accept the streets due to the Water Commission easement in the road. 
 
 
  1. Cory Crebbin, Public Works Director addressed the Council regarding issues raised by applicants.  He noted that the streets do not meet City standards as they are lacking street lights as required by the Jackson County development application, no park strips on the streets and that the most critical issue is the pavement structural component is significantly below the City standard.  This makes the streets more likely for increased maintenance costs.
 
 
  1. Kelly Akin addressed the Council regarding the withdrawal from urban growth boundary as this is now under the Regional Problem Solving (RPS) agreement.  She noted that the RPS did not contemplate withdrawal of land. This would be an area that would be a primary property to annex; at some point this land would have to be included in the city; and the land to the west is not an urban reserve or expansion area.
 
  1. Matt Ropp, under rebuttal, noted they had nothing further to add.
 
Public hearing closed.
 
Motion:  Direct staff to prepare a resolution for denial of the request to withdraw territory from the City of Medford incorporated boundary.
Moved by:  Chris Corcoran                       Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Chris Corcoran, Daniel Bunn, John Michaels, Bob Strosser, Dick Gordon, Eli Matthews and Tim Jackle voting yes.
Motion carried and so ordered.
 
130.   Ordinances and resolutions
None
        
140.   Council Business
140.1    Councilmember Bunn presented a revised response letter to Medford Rural Fire District # 2.  Council concurred to have Council officers sign and send the letter.
 
140.2    Councilmember Bunn noted that a proposed motion regarding the reimbursement of overbilling for the home occupation has been distributed for Council review based on this afternoon’s discussion.
 
Motion:  Authorize staff to credit back to the customer home occupation utility fees which were collected in excess of what was owed, beyond the two years allowed pursuant to Section 4.1205, up to $200 per address, when adequate proof is provided by the customer that a billing error was made; and to direct staff to draft for Council consideration a revision of Code Section 4.1205 to allow for credits of excess home occupation utility fees collected in error beyond the two years currently allowed, with a dollar limit of $200 per address.
Moved by:  Daniel Bunn               Seconded by:  Bob Strosser
Roll Call:  Councilmembers Daniel Bunn, Bob Strosser, Chris Corcoran, Tim Jackle, Dick Gordon, Eli Matthews and John Michaels voting yes.
Motion carried and so ordered.
 
150.   Further reports from the City Manager and staff
150.1    Mr. Swanson noted that the Purchasing Manager, Jennifer Habermann has pursued training for local businesses to be able to bid on city projects.  She has received very positive feedback from the State in that they were looking for a Southern Oregon partner to provide this training.  The training is anticipated to occur this spring.
 
150.2    Mr. Swanson noted that the Lone Pine flood plain letters will be mailed out to affected property owners tomorrow.
 
160.   Propositions and remarks from the Mayor and Councilmembers
160.1    Further Council committee reports.
a.   Councilmember Gordon reported on the Site Plan & Architectural meeting and the review of two projects.
 
b.   Councilmember Gordon reported on attending Drug Court graduation.  He noted that Judge Crane striving to educate the County and City elected officials on the program.  He suggested that Judge Crane be invited to a future study session to provide a report.
 
c.   Councilmember Strosser reported on the Water Commission meeting.  He noted topics of discussion were the water flows which have improved, contracts with municipal entities still under discussion, and that they are still working through issues with the software conversion. 
 
d.   Councilmember Strosser reported on the Police Advisory Committee public hearing on the dangerous dogs.  Police Chief George noted the next steps will include a study session by the Committee and then a recommendation will be presented to the Council.
                    
160.2    Further remarks from Mayor and Councilmembers.
a.   Councilmember Michaels addressed the request from the two teachers at noon regarding the Medford School District 549C strike and requested Council consideration of sending a letter to urge the two sides to come to a resolution.  Council discussed and concurred to hold off at this time.
 
170.   Adjournment
         There being no further business, the meeting adjourned at 9:35 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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