Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, November 06, 2014

                                                                                
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                November 6, 2014
                                                                          Noon
 
 
 
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 and Chris Corcoran (*left and returned as noted).
 
City Manager Eric Swanson; Deputy City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
Introduction of the McLoughlin Students of the Month
Rick Parsakian, Assistant Principal updated the Council on school activities and introduced the students.
 
20.     Approval or correction of the minutes of the October 16, 2014 regular meeting and the October 30, 2014 special meeting
         There being no corrections or amendments, the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Mayor Wheeler read a proclamation regarding Partner of the Rogue Valley Food System Network.     Greg Holmes, Chair of the Rogue Valley Food System Network addressed the Council and thanked them for their support.  He invited the Council to the November 19th presentation on the Future of Food and Farming in the Rogue Valley.
 
30.2   Quarterly Governmental Relations update by SmithWest Co.
Chris Smith addressed the Council and provided an update on activities including FEMA consultation and feedback to the National Fisheries Service and FEMA; work with ODOT on the viaduct issues; work with RVCOG on carbon monoxide modeling.  He spoke to his desire to coordinate a meeting with Council and Irrigation District members to discuss the implications of the Klamath Basin water issues as this will affect our area.  He noted Four Mile reservoir is specifically identified and this could impact 6,000 acres of Rogue Valley irrigated land.
 
30.3   Economic Improvement District update by Metro Medford
Diane Raymond, Executive Director address the Council and provided an update on Metro Medford efforts in establishing an Economic Improvement District in the downtown core.  She noted the next steps are for the City to send an official letter announcing the public hearings before the Council.
 
Motion:  Direct staff to bring forward a resolution at the next Council meeting to initiate the establishment of an EID.
Moved by:  Dick Gordon              Seconded by:  Bob Strosser
 
Councilmember Gordon requested that staff look at not charging the 5% for administration of the collection of the fee.  Councilmember Bunn questioned the inclusion of the city property in the assessment as a means to support the downtown EID.
 
Roll Call:  Councilmembers Dick Gordon, Bob Strosser, Daniel Bunn, Chris Corcoran, John Michaels, Tim Jackle and Eli Matthews voting yes.
Motion carried and so ordered.
 
30.4   Dennis Reich, representing the Fresh Water Trust, addressed the Council regarding the Oregon Watershed Enhancement Board’s effort to prioritize basins in the State.  The Fresh Water Trust is submitting comments in support of the Rogue Valley Basin be identified as a prioritized basin.  He requested the inclusion the City of Medford as a partner in submitting their comments.  City Manager Swanson noted that city staff has been in discussion with DEQ on this issue and staff would be in contact with them regarding this request.
 
30.5   Mike Whitefield representing the Rogue Valley Vet Outreach program addressed the Council regarding a request for a Special Events permit.  Lynette O’Neal, Assistant to the Deputy City Manager addressed the Council and noted that staff is reviewing the permit and this should not be an issue to authorize.
 
30.6   Kevin Stine, Ward 3 City Council Elect, addressed the Council and expressed appreciation to the voters who supported his campaign.  He expressed his commitment to work with all citizens, whether they voted for him or not.  He congratulated Council Elect Clay Bearnson and Mike Zarosinski on their elections.
 
40.     Consent calendar
         None
 
50.     Items removed from consent calendar
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2014-136  A resolution updating information on previously presented delinquent assessments.
 
Alison Chan, Finance Director provided a staff report and noted that this action corrects issues with tax account numbers that were not correct on the previous action and includes some additional charges for the same properties that were not included.
 
Councilmember Jackle questioned why the City was not pursuing small claims action on these rather than foreclosure action.  Ms. Chan noted that the City has only gone to small claims on one Municipal Court action.  She noted that the foreclosure process takes up to a year to get to the actual foreclosure sale and during that time multiple notifications are given to the property owner.  Glenda Wilson, City Recorder noted that these are largely vacant, foreclosures that are bank owned with no residents in the property.  Deputy City Attorney Lori Cooper noted that a small claims action would fall to the City Attorney’s office and that our experience is that this process does result in resolution prior to foreclosure action.
 
Motion:  Adopt the resolution updating information on previously presented delinquent assessments.
Moved by: Bob Strosser              Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Chris Corcoran, Dick Gordon, Eli Matthews and John Michaels voting yes.  Councilmember Tim Jackle voted no.
Resolution 2014-136 was duly adopted.
 
60.2   COUNCIL BILL 2014-137  An ordinance awarding a contract in the amount of $249,890.20 to Vitus Construction, Inc., for construction of a new parking lot located at 230 South Oakdale.
 
Greg McKown, Parks & Facilities Superintendent, provided a staff report on the project.  He noted this will replace existing staff parking which is the location for the new police headquarters.
 
Motion:  Adopt the ordinance awarding a contract in the amount of $249,890.20 to Vitus Construction, Inc. for construction of a new parking lot at 230 South Oakdale.
Moved by:  Daniel Bunn               Seconded by:  Bob Strosser
 
Councilmember Corcoran questioned if this cost was a guaranteed maximum price (GMP) and Mr. McKown noted that this bid was not a GMP but was awarded to the lowest bidder.
 
Roll Call:  Councilmembers Daniel Bunn, Bob Strosser, Chris Corcoran, Dick Gordon, John Michaels, Eli Matthews and Tim Jackle voting yes.
Ordinance 2014-137 was duly adopted.

 
60.3   COUNCIL BILL 2014-138  A resolution adopting an eighth Supplemental Budget for the 2013-15 biennium.
 
Alison Chan, Finance Director provided a staff report and explained the actions to be taken. 
 
Councilmember Corcoran questioned where the $33,000 from Fire Department were from and Ms. Chan noted these were vacancy savings in Personnel Services.  Councilmember Corcoran questioned how these funds would be identified in the upcoming budget and Ms. Chan noted each department will be making their requests for Personal Services under our normal budget presentation.
 
Motion:  Adopt the resolution adopting an eighth Supplemental Budget for the 2013-15 biennium.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
 
Councilmember Gordon questioned if the vehicles for Police were replacements or new additional vehicles.  Police Chief Tim George noted they will be replacement vehicles.  Councilmember Strosser requested information be provided to the Council on the rules governing expenditures of forfeiture funds.  Councilmember Corcoran noted he will support the resolution but will be watching the budget for the next biennium as he would sooner have additional personnel in Fire.
 
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Dick Gordon, Eli Matthews, Tim Jackle, John Michaels and Chris Corcoran voting yes.
Resolution 2014-138 was duly adopted.
 
60.4   COUNCIL BILL 2014-139  An ordinance authorizing execution of Intergovernmental Agreement No. 30143 with Oregon Department of Transportation for Larson Creek Trail Segment II Improvements.
 
*Councilmember Corcoran left the meeting.
 
Councilmember Bunn declared potential conflict of interest as his family is an owner of property in the area but he did not feel this will affect his ability to consider this issue.
 
Cory Crebbin, Public Works Director addressed the Council and provided a staff report.  He reviewed the history of this project and that the Transportation System Plan identifies this as a parallel alternative route for bicycles.  He noted that a Federal Grant was received for Phase One which is underway. 
 
*Councilmember Corcoran returned to the meeting.
 
Mr. Crebbin reviewed the section of the proposed pathway that abuts Hilldale Estates.  He noted that there are encroachments from Hilldale Estates into the public right-of-way.  The original homes met the required 5 foot setback from the back of the lot at the time of construction but the encroachments were the decks that had been added onto the homes.
 
He noted if the Council approves the agreement today, the City will need to move forward with construction of the pathway.  The proposed path developed to City standards would require additional property be acquired from the Rogue Valley Manor. He noted that the City Council could take action to purchase additional property from the Manor or initiate action to condemn additional footage from the Rogue Valley Manor.
 
Councilmember Michaels questioned the standards for the path and Mr. Crebbin noted that the standard is for a 12 foot path with shoulders and would require 16 feet to accommodate.  Councilmember Corcoran questioned if fencing was going to be installed between the path and the existing homes and Mr. Crebbin noted that would be one option to be considered in designing the project.  Councilmember Strosser noted he would like to see 5 feet between the existing decks and the path fencing.
 
Councilmember Jackle questioned what the timing of approval is for this project and Mr. Crebbin noted that staff has been in discussions with the Rogue Valley Manor regarding this project for many years.  Councilmember Strosser provided some information regarding the length of time this project has been discussed.  Mr. Crebbin noted that at this point the Council may need to authorize eminent domain in order to bring a resolution to the acquisition of needed land.
 
Councilmember Gordon questioned the timing of this IGA and if further negotiations with the Rogue Valley Manor needed to be done before approval.  Mayor Wheeler noted that by approving the IGA may help in the negotiations with the Manor.  Mr. Crebbin noted that if the IGA is not approved today, it will make it more difficult for staff to meet the milestones within the agreement. He noted that a meeting with the Manor representatives is scheduled for next week.  Councilmember Gordon suggested postponing this item until the next meeting.  Councilmembers discussed the issue of postponement of the agreement and the time that has already been spent in negotiations to try to resolve this issue.
 
Motion:  Adopt the ordinance authorizing execution of an Intergovernmental Agreement with Oregon Department of Transportation for Larson Creek Trail Segment II Improvements.
Moved by:  Daniel Bunn               Seconded by:  John Michaels
 
Councilmember Bunn spoke to his motion and noted that this will signal our intent to move forward with this project. 
 
Roll Call:  Councilmembers Daniel Bunn, Tim Jackle, Eli Matthews, John Michaels and Bob Strosser voting yes.  Councilmembers Chris Corcoran and Dick Gordon voting no.
Ordinance passed to a second reading.
        
70.     Council Business
70.1   Councilmember Bunn addressed the Council regarding an oral request that the electronic sign code amendment, Agenda Item 120.2 be continued.  Staff is requesting that the public hearing be opened so that any member of the audience who is here to speak to the item may speak.  He is requesting Council discussion on the issue of continuing the item to the next meeting.  He noted that the issues for the continuance request were not stated.   Council discussed the request and suggested that staff contact the requestor and obtain a written request including grounds for the request.
 
80.     City Manager and other staff reports
80.1   Police Facility – Site Plan & Architectural Commission Hearing
Greg McKown, Parks & Facilities Superintendent addressed the Council and provided an update on the exterior design presentation to be given at the Site Plan & Architectural Commission tomorrow.  Councilmember Gordon questioned the landscaping plan and Mr. McKown provided on overview of the bioswale area.  David Wilkerson spoke to the landscaping along the streetscapes and noted that the proposed landscaping design meets all City requirements and standards.
 
Mr. McKown noted that the process for the project is on schedule and anticipates that the request for bids will be released in January.
 
*Councilmember Corcoran left the meeting.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               Partner of the Rogue Valley Food System Network.
               Pancreatic Cancer Awareness Month, November 2014
 
90.2   Further Council committee reports.
                 
 90.3   Further remarks from Mayor and Councilmembers.
 
100.   Adjournment to the evening session
         Meeting adjourned to the evening session at 1:53 p.m.
 
 
***********************************************
 
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 Dick Gordon, Daniel Bunn, Bob Strosser, Eli Matthews, Tim Jackle, John Michaels and Chris Corcoran.
 
City Manager Eric Swanson; Deputy City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
 
120.   Public hearings
120.1    COUNCIL BILL 2014-140  An ordinance amending Sections 5.600 and 5.990 and adding Sections 5.601 through 5.604 of the Medford Code pertaining to control of dangerous dogs.
 
 Kevin McConnell, Deputy City Attorney provided a staff report.  He reviewed the ordinance and changes to the code that this will create.  He noted that he would ask for an amendment to the ordinance be included to add 5.603(1)(c) to be added in the penalty list section.
 
                     Councilmembers discussed the proposed ordinance.
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the ordinance as amended to include 5.603(1)(c) in 5.990(4).
Moved by:  Bob Strosser             Seconded by:  John Michaels
 
                     Councilmember Strosser spoke in support of his motion.
 
Roll Call:  Councilmembers Bob Strosser, John Michaels, Tim Jackle, Chris Corcoran, Dick Gordon, Eli Matthews and Daniel Bunn voting yes.
Ordinance 2014-140 was duly adopted.
 
120.2    COUNCIL BILL 2014-141 An ordinance amending Sections 10.764, 10.1010, 10.1022, 10.1046, 10.1100, 10.1200, 10.1300, 10.1400, 10.1500, 10.1510, 10.1600, 10.1610, 10.1700, 10.1710, 10.1800, 10.1810 of the Medford Code and adding Sections 10.1140 and 10.1150 pertaining to electronic message signs.
 
Mayor Wheeler noted that Council has received a request for a continuance of this item.  He requested a staff report and then a motion for continuance would be considered.
 
John Adam, Senior Planner addressed the Council and provided a staff report.  He noted that this ordinance has the objective of providing regulations for electronic message signs.  It includes a maximum night-time illumination standard, a method for measuring illumination, a requirement for a certification of compliance, adds and revises terms.  The amendment also clarifies that nonconforming signs are not permitted to convert, revises the sign effects that are prohibited, and slows the rate that messages change from two seconds to five seconds.  Additionally, it prohibits flashing, exploding, fireworks, etc., and requires photocell technology.  Lastly it requires a greater setback and reduced height at signalized intersections, requires existing signs to comply with all new regulations except size and location within 180 days, and reduces repetitive language by compiling regulations into two new sections. 
 
 
Mr. Adam noted that the Planning Commission held two study sessions and two public hearings on this code amendment and is recommending approval.
 
Councilmember Michaels questioned if staff had time to review and address the issues presented by the Chamber of Commerce in their letter requesting the continuance.  Mr. Adam noted that staff has not had time to review but based on a quick read of their issues, these were addressed during the public hearings before the Planning Commission.
 
Councilmember Jackle questioned the use of these types of signs in residential zones and noted he would not be in favor of allowing them.
 
Councilmember Corcoran questioned existing signs and Mr. Adam noted that they would need to adhere to the new code language with the exception of size and location.
 
Public hearing opened.
1.Rob LaGrone, CBS Outdoor 135 Silver Land #230, Eugene, addressed the Council regarding the proposed changes.  He spoke to the difficulty with these regulations as they retrofit their existing billboards.  He requested Council consider modification of the code to allow retrofitting to the size of their existing billboards.  He noted that they follow national guidelines and state law which is comparable to what is being proposed. 
 
2.Brad Hicks, Executive Director of the Chamber of Commerce addressed the Council.  He noted he is not prepared to testify tonight, but clarified that the letter he sent did request the continuance.
 
Councilmember Michaels questioned if the testimony to be presented by the Chamber in two weeks would be different than what they testified at the Planning Commission hearings.  Mr. Hicks noted the request for a continuance was to allow local sign business representatives to attend the meeting to provide testimony.
 
Motion:  Continue Agenda Item 120.2 to the November 20, 2014 Council meeting.
Moved by:  Dick Gordon              Seconded by:  Chris Corcoran
 
Councilmember Gordon spoke to his motion to support the continuance.  Councilmembers discussed the motion.
 
Roll Call:  Councilmembers Dick Gordon, Chris Corcoran, Bob Strosser, Daniel Bunn, Eli Matthews, Tim Jackle and John Michaels voting yes.
Motion carried and so ordered.
 
130.   Ordinances and resolutions
         None
        
140.   Council Business
140.1    Councilmember Bunn addressed the Council regarding the upcoming Boards & Commission interview process.  He noted there are two sets of interviews to be done; those individuals to be interviewed by the entire Council and those who are interviewed by the Council liaisons and Board or Commission chairperson.  The Council Officers discussed this topic and are recommending that the newly elected Councilmembers be invited to sit in on the full Council interviews and that these vacant positions be voted on in January with the new Councilmembers.  The remaining interviews would be with the existing Councilmembers and the voting on the recommendations to be done in December.  Council concurred.
 
140.2    Councilmember Bunn noted that staff is suggesting interview dates for the full Council of November 13, December 4 and December 11.  Councilmembers are to let staff know if any of these dates will not work.
 
140.3    Councilmember Bunn noted that as Michael Zarosinski will no longer be on the Planning Commission that will be five vacancies on that commission.  He requested Council consideration of extending the application period for two weeks.  Council concurred.
 
140.4    Councilmember Gordon noted that the Site Plan & Architectural Commission will also have a vacancy for the landscape architect position and requested that Council support additional two weeks for applications for that commission.  Council concurred.
 
150.   Further reports from the City Manager and staff
150.1    Mr. Swanson reported that a request for proposal for the Communication Specialist has been issued and anticipate response evaluation and recommendation will be forthcoming in December.
 
150.2    Mr. Swanson noted that the next radio spot is November 10th with Bill Meyer.  Councilmember Michaels noted he would attend and would invite newly elected Councilmembers to join him on the show.
 
150.3    Mr. Swanson provided an update on the November and December Medford Forum shows as the regular dates were holidays. 
 
150.4    Mr. Swanson reported on the Bear Creek Greenway Restoration project led by Jim Hutchins.
 
150.5    Mr. Swanson reported that a meeting for the public was held on October 30th regarding the Urban Reserves.  There were approximately 150 attendees.
 
150.6    Mr. Swanson noted that Council had received a memo from John Adam with information on the Urban Growth Boundary expansion. 
 
150.7    Mr. Swanson reported that he has met with staff to discuss problem properties and need for renovation or demolition. A staff committee has been formed and this will be coming back to Council in a study session with recommendations on how to address the varied issues and financing needs.  Sam Barnum is the lead on this issue.  Councilmember Michaels noted he would like to also have drug houses addressed.
 
160.   Propositions and remarks from the Mayor and Councilmembers
160.1    Further Council committee reports.
 a.   Councilmember Strosser reported on the Water Commission meeting; topics included a study session on Urban Growth Boundary process; discussion on Resolution 1058 and that modification of this resolution is not needed; software update issues impacting finalization of the audit but it is anticipated to be presented in December.
 
b.   Councilmember Bunn reported on the Rogue Valley Area Commission on Transportation meeting and a presentation by ODOT on how transportation funding occurs at State and Federal levels.  He noted the presentation was not very optimistic for future State or Federal funding for local transportation needs and the Council may want to consider fully funding streets maintenance out of the General Fund.
 
160.2    Further remarks from Mayor and Councilmembers.
 
a.Councilmember Corcoran attended a tour by the Bear Creek Watershed Council.  He noted this was attended by several State agencies and that Bear Creek has been upgraded from poor to fair in regards to the water quality.  The biggest issue with the water quality is the emptying of storm drains into the creek.  He spoke to the amount of dirt and erosion occurring and how the Council could look at funding upgrades to the system in the upcoming budget.
 
b.Mayor Wheeler spoke to the work being completed by Jim Hutchins and his students in planting trees along Bear Creek.

 
c.Mayor Wheeler reminded the audience regarding the Veteran’s Day Parade to occur at 11:00 a.m. on November 11th.
 
 
170.   Adjournment
There being no further business the meeting adjourned at 8:40 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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