Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, May 07, 2015

 
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
                                                                     May 7, 2015
 
 
The meeting was called to order at 12:02 p.m. in the Council Chambers, City Hall, 411 W. 8th Street, Medford, with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Clay Bearnson, Kevin Stine, Eli Matthews, Tim Jackle and Michael Zarosinski.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
Introduction of the McLoughlin Students of the Month
Rick Parsagian, Assistant Principal provided an update on school activities and introduced the students of the month.
 
United Way Recognition
Broderick Lindeman and Helen Funk representing the United Way of Jackson County presented an award to the City of Medford and Jana Forsyth for the City’s participation in the 2014 United Way Campaign.  Ms. Funk noted that the City was awarded the Sliver Level and that there was approximately $6,000 donated by City employees to the campaign.  They thanked the City for Jana Forsyth as the City’s In House Chair and noted she did a fantastic job. 
 
City Manager Eric Swanson thanked Jana for her efforts.
 
20.     Approval or correction of the minutes of the April 16, 2015 regular meeting
         Minutes were approved as presented.
 
30.     Oral requests and communications from the audience
None
 
40.     Consent calendar
40.1   REMOVED by Mayor Wheeler
 
40.2   REMOVED by Mayor Wheeler 
 
40.3   COUNCIL BILL 2015-39  An ordinance awarding a contract in the amount of $143,340 to KOGAP Enterprises, Inc., to perform maintenance on storm sewer pipes.
 
40.4   COUNCIL BILL 2015-40  An ordinance authorizing execution of a one-year Partnership Agreement with West Side Beautification to manage the Union Park Community Garden.
 
40.5   COUNCIL BILL 2015-41  An ordinance dedicating a perpetual 20-foot wide storm drain easement to the City of Medford which runs east/west through Hawthorne Park from the intersection of Hawthorne Street and Sherman Street west to Bear Creek for the Hawthorne Park Renovation Project.
 
40.6   COUNCIL BILL 2015-42  An ordinance dedicating to the City of Medford for public right-of-way a portion of Hawthorne Park land along Hawthorne Street, East Jackson Street, and East Main Street.
 
Councilmember Jackle questioned Agenda Item 40.2 and Ms. Cooper noted it was not a second reading but a resolution to adopt the Council’s actions after the public hearing on April 16, 2015.   
Motion:  Adopt the consent calendar.
Moved by:  Kevin Stine                Seconded by:  Clay Bearnson
Roll Call:  Councilmembers Kevin Stine, Clay Bearnson, Dick Gordon, Tim Jackle, Eli Matthews and Michael Zarosinski voting yes.
Motion carried and the following Council Bills were adopted:  2015-40, 2015-41 and 2015-42.
 
50.     Items removed from consent calendar
40.1   SECOND READING
COUNCIL BILL 2015-37  An ordinance amending Sections 10.012, 10.314, 10.337, and 10.813 of the Medford Code pertaining to beekeeping.  (DCA-15-014)
 
Motion:  Adopt the ordinance amending Sections 10.012, 10.314, 10.337, and 10.813 of the Medford Code pertaining to beekeeping.
Moved by:  Eli Matthews              Seconded by:  Clay Bearnson
Roll Call:  Councilmembers Eli Matthews, Clay Bearnson and Kevin Stine voting yes.  Councilmembers Dick Gordon, Tim Jackle and Michael Zarosinski voting no.  Mayor Wheeler voted yes to break the tie.
Ordinance 2015-37 was duly adopted.
 
40.2   COUNCIL BILL 2015-38  A resolution granting Mehta Inns’ Petition for Waiver pertaining to late payment of Transient Lodging Tax for January 2015.
 
Motion:  Adopt the resolution granting Mehta Inns’ Petition for Waiver pertaining to late payment of Transient Lodging Tax for January 2015.
Moved by:  Michael Zarosinski                  Seconded by:  Tim Jackle
Roll Call:  Councilmembers Michael Zarosinski, Tim Jackle and Dick Gordon voting yes.  Councilmembers Clay Bearnson, Eli Matthews and Kevin Stine voting no.  Mayor Wheeler voted no to break the tie.
Motion failed.
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2015-43 An ordinance authorizing execution of Intergovernmental Agreement No. 30389 with the Oregon Department of Transportation to defer construction of a new turnaround at the west end of Commerce Drive.
 
Cory Crebbin, Public Works Director provided a staff report and provided the background on the need for the dead end turnaround per code.  Agreement is to solidify that the turnaround will be installed once the abutting properties are developed.
 
Motion: Adopt the ordinance authorizing Intergovernmental Agreement No. 30389 with the Oregon Department of Transportation.
Moved by:  Kevin Stine                Seconded by:  Eli Matthews
Roll Call:  Councilmembers Kevin Stine, Eli Matthews, Clay Bearnson, Dick Gordon, Tim Jackle and Michael Zarosinski voting yes.
Ordinance 2015-43 was duly adopted.
 
60.2   COUNCIL BILL 2015-44  An ordinance authorizing execution of  Amendment No. 3 to the design-build contract awarded to Vitus Construction, Inc. for the Hawthorne Park Renovation Project.
 
Motion: Adopt the ordinance authorizing execution of Amendment No. 3 to the design-build contract awarded to Vitus Construction, Inc. for the Hawthorne Park Renovation Project.
Moved by:  Kevin Stine                Seconded by:  Michael Zarosinski
Roll Call:  Councilmembers Kevin Stine, Michael Zarosinski, Eli Matthews, Dick Gordon, Clay Bearnson and Tim Jackle voting yes.
Ordinance 2015-44 was duly adopted.
 
60.3   COUNCIL BILL 2015-45  An ordinance authorizing execution of a second Amended Disposition and Development Agreement between the City of Medford, Northgate Centre LLC, Alba Village LLC, and Regency Centers Corporation.
 
Jim Huber, Planning Director provided a staff report.  He noted that this amendment will correct the original date of the Disposition and Development Agreement; correct the third line to read, “…the approximate location and number…” which is the language from the General Land Use Plan Map amendment; and delete language from Section 4.1, Master Plan Approval (Stage One): “…The parties agree that the Conceptual Plan approved by the City Council does not control the design or layout of the Project, and is simply intended to show the overall location of the Project, its uses and vehicular access points.  A Master Plan request will be processed via Site Plan and Architectural Review…”
 
Mr. Huber noted that staff is recommending approval of the ordinance. 
 
Councilmember Gordon noted he felt that the Site Plan & Architectural Commission will need additional authority beyond standard code requirements.  Mr. Huber noted that this amendment will allow them to review the ingress/egress issue.  Councilmember Gordon spoke to his concerns regarding traffic impacts.  Cory Crebbin, Public Works Director addressed the Council and noted that the big complaints/problems arise when there is too much access allowed.  He noted that Site Plan & Architectural Commission has a lot of discretion within the Code to address these issues.  He noted they rely on the Public Works technical analysis and that staff is still working with the applicant on design.  Mr. Crebbin spoke to the issue of not being able to regulate traffic flow within parking lots but that the Site Plan & Architectural Commission does have discretion in this area.
 
Motion:  Adopt the ordinance authorizing the second amendment of the Amended Disposition and Development Agreement for development of Northgate Centre dated August 18, 2011.
Moved by:  Michael Zarosinski                  Seconded by:  Clay Bearnson
Roll Call:  Councilmembers Michael Zarosinski, Clay Bearnson, Dick Gordon, Eli Matthews, Tim Jackle and Kevin Stine voting yes.
Ordinance 2015-45 was duly adopted.
 
65.     Public Hearing
65.1   COUNCIL BILL 2015-46  A resolution adopting the City’s 2015-2019 Consolidated Plan for Housing and Community Development as required by the U.S. Department of Housing and Urban Development.
 
Angela Durant, Grant Support Technician, addressed the Council and provided a staff report.  She provided highlights of the Community Development Block Grant program, the Consolidated Plan, and the City’s goals, objectives and strategies.  Thirty-one priority needs were identified in the Plan. 
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the 2015-19 Consolidated Plan for Housing and Community Development as required by the U.S. Department of Housing and Urban Development.
Moved by:  Kevin Stine                Seconded by:  Dick Gordon
Roll Call:  Councilmembers Kevin Stine, Dick Gordon, Clay Bearnson, Tim Jackle, Michael Zarosinski and Eli Matthews voting yes.
Resolution 2015-46 was duly adopted.
 
65.2   COUNCIL BILL 2015-47 A resolution adopting the Action Plan for use of the City’s Community Development Block Grant (CDBG) funds for fiscal year 2015-16.
 
Angela Durant, Grant Support Technician and Andrea Noble, Chair of the Housing & Community Development Commission addressed the Council and provided an overview of the Community Development Block Fund process.  Ms. Durant reviewed the previous funding received and how those funds were allocated.  She detailed the recommended award of funds for social services and capital projects.  Ms. Noble addressed the Council regarding the process and the evaluation criteria for applicants. 
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the resolution adopting the Action Plan for use of the City’s Community Development Block Grant (CDBG) funds for fiscal year 2015-26.
Moved by:  Kevin Stine                Seconded by:  Clay Bearnson
Roll Call:  Councilmembers Kevin Stine, Clay Bearnson, Dick Gordon, Tim Jackle, Eli Matthews and Michael Zarosinski voting yes.
Resolution 2015-47 was duly adopted.
 
70.     Council Business
Mayor Wheeler provided an overview of the Council officers meeting.
a.  Mayor Wheeler spoke to a request from Inn At The Commons regarding the City’s desire to participate as a host city for this annual meeting.  This is a competitive process and if the City would like to participate, an application would be submitted by them.  The cost for hosting the reception dinner and welcome bags is estimated to be $8-10,000.  Mr. Hoke noted that the Council would have funds in the Vision budget that could be utilized for this purpose.  He also spoke to the economic impact that the 80-100 visiting Mayors would have on our TLT and that is would likely be a breakeven as they will be staying for at least one night.   He noted that unless there was opposition from council we will submit application as this is a competitive process.
 
b.  Mayor Wheeler noted that eight responses to the Request for Proposal for Federal Government Relations Services have been received.  He noted that unless there was Council objection, a committee of staff members would be reviewing the responses and bringing forward the top three for Council interviews and discussion.  Councilmember Gordon requested that the interviews be done in an open meeting versus executive session.
 
c.  City Attorney Cooper commented on the exemption from competitive bidding laws in regards to travel and tourism contracts.  She noted she had advised the Council Officers that State law requires a competitive process or exemption from competitive bidding, if allowed, could be used.  She noted that the Council would need to adopt findings for the exemption from competitive bidding if they chose to utilize.  She noted she would further research the exemption from competitive bidding to see if this would be allowed by State law.
 
Motion:  Extend the contract with Travel Medford for the earliest of one year from current contract expiration or date revised contract is approved by both parties.
Moved by:  Dick Gordon              Seconded by:  Michael Zarosinski
 
Councilmember Gordon spoke to his motion and express concern regarding losing momentum with advertising opportunities. 
 
Councilmember Matthews noted he would be recusing himself as he is employed by the Chamber of Commerce.
 
Councilmember Stine spoke to using the exemption option but that he felt there are some small modifications to the contract that should be resolved and included.
 
Councilmember Jackle noted he had reviewed the draft agreement and feels that the City and Travel Medford are miles apart from getting a contract completed.
 
Councilmember Zarosinski noted he felt that there is nothing critical that needs resolved in the existing contract at this point and extending it another year will give time for discussion and amendments to be vetted.
 
Councilmember Bearnson noted he felt the extension would provide additional time to develop a request for proposal.
 
Ms. Cooper noted that she would be more comfortable to have findings for the exemption from competitive bidding.
 
Councilmember Jackle noted that he felt that we have a structure in place with a company that has the information and staffing/experience to manage this for the interim period until the request for proposal is completed.  He spoke to other findings for sole provider/proprietary information and that we are securing a service that is not based on just the least expensive price. 
 
Mayor Wheeler question if a friendly amendment with the findings as mentioned by Councilmember Jackle was appropriate. Ms. Cooper noted that the exemption would still require a public hearing and that the findings would be in writing after the public hearing.
 
Roll Call:  Councilmembers Dick Gordon, Michael Zarosinski, Clay Bearnson, Tim Jackle and Kevin Stine voting yes.  Councilmember Eli Matthews abstained.
Motion carried and so ordered.
 
d.  Councilmember Gordon addressed the Council regarding the membership and meeting time of the Site Plan and Architectural Commission.  He had discussed moving the meeting time with the Commission to try to accommodate potential members to fill vacancies.  He noted most of the members did not express an opinion either way but that one member who was a contractor noted he would prefer an evening meeting.  Councilmember Gordon noted he would like to let the Commission know that the Council would entertain a recommendation to change the time and day of their meetings.  Council concurred.
 
80.     City Manager and other staff reports
80.1   Quarterly Financial Report
Alison Chan, Finance Director addressed the Council and provided an overview of the report. She spoke about the investment portfolio for the City; the fund balances and overall status of the City’s finances.  Ms. Chan provided an update on the utility billing outstanding debt and noted improvement on funds that previously had negative balances.  She noted the Community Development Block Grant Fund has a negative balance but that is due to this fund being reimbursed after funds are expended and that this fund will be a zero balance at the end of the year.  She noted that all funds have the three month contingency as set by Council policy with the exception of the Fire Apparatus Replacement Fund.
 
Councilmember Gordon requested an update on the funding received as part of the Sixth & Grape Street property trade with the Housing Authority of Jackson County.  Ms. Chan will review the funding and report back to the Council on this issue.
 
Mr. Swanson thanked Alison for the updated report and review of the City finances.

80.2   Mr. Swanson noted that Senator Bates will be attending the 6:00 p.m. Council Study Session this evening.
 
80.3   Mr. Swanson spoke to the Oregon National Guard homecoming today.  The Guard members were escorted by Medford Police to the Armory where they were welcomed by the families and supporters.  He noted there will be a demobilization ceremony later this summer.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               National Travel & Tourism Week, May 2-10, 2015
               National Nurses Week, May 6-12, 2015
               Go By Bike Week, May 12-16, 2015
               Kids to Parks Day, May 16, 2015
               National Public Works Week, May 17-23, 2015
 
90.2   Further Council committee reports
a.   Councilmember Zarosinski reported on the Medford Water Commission meeting and their discussion of their budget and the new capital improvement project to expand the Duff Treatment facility.
 
b.   Councilmember Jackle reported on the Police Advisory Committee meeting and a  presentation on the training received by Police for dealing with mental health issues and it was very informative.    He suggested that the City Council receive the presentation during a study session.
 
c.   Mr. Swanson spoke to the Police Headquarters Facility groundbreaking event held on April 27th.  He noted there was a great turnout including Police Department retirees who came to the event.     

90.3   Further remarks from Mayor and Councilmembers
a.   Councilmember Stine recognized Randi Brock from the West Medford Beautification Group who was in the audience.  He thanked her for the groups continued attention to their neighborhood and noted that the group will be working with Parks & Recreation on management of the Union Park Community Garden.
 
100.   Adjournment to the evening session
The meeting adjourned at 1:50 p.m.
 
************************************************************************
 
EVENING SESSION
  
The meeting was called to order at 7:14 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, Clay Bearnson, Kevin Stine, Eli Matthews, Tim Jackle and Michael Zarosinski.
 
Councilmembers Daniel Bunn and Chris Corcoran were absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney Lori Cooper; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
         None
 
120.   Public hearings
120.1    COUNCIL BILL 2015-48  An ordinance amending Sections 4.105 and 4.405 of the Medford Code pertaining to sewer rates effective July 15, 2015.
 
Cory Crebbin, Public Works Director provided a staff report and noted that staff is seeking Council’s consideration for amendments to the Medford Municipal Code reflecting wastewater treatment rate changes made by the Regional Rate Committee.  He provided a summary of the regional wastewater treatment rate study and the proposed rate amendments.  He noted that the treatment rates are designed to be cost-based and equitable.  He reported that the cost of service analysis notes that there are no significant cost differences between the customer classes of service and that the recommendation is for equal adjustments across customer classes for purposes of rate design.  In addition to the rate adjustments, staff is requesting 3 cents per month be added for each account to fund the utility billing. 
 
Councilmember Jackle questioned if ordinance approved if we would be passing the rates onto the customers.  Mr. Crebbin noted that is correct and that if the ordinance was not approved, the Council would still need to determine how to pay the additional charges from the Regional Rate Committee as per the City’s agreement with them.
 
Councilmember Gordon questioned if all the Regional Rate cities pay the same fee and Mr. Crebbin noted that each received the same fee for discharge from the Regional Rate but different cities billings could be different to customers depending on how they manage and maintain their individual collection systems.
 
Public hearing opened.
         None
Public hearing closed.
 
Motion:  Adopt the ordinance amending Sections 4.105 and 4.405 of the Medford Code pertaining to sewer rates effective July 15, 2015.
Moved by:  Kevin Stine                Seconded by:  Eli Matthews
 
Councilmember Matthews spoke to the motion as he serves as the City’s liaison to the Regional Rate Committee.  He noted that the City does not have any debt service for our system and raising the rate will continue to help the City maintain the system.
 
Councilmember Zarosinski noted he attended the Regional Rate Committee meeting regarding the rates but was unsure of the proposal and did not vote to support it at that time.  He noted the bigger issue for him is that most increases are to deal with unknown regulatory impacts.
 
Roll Call:  Councilmembers Kevin Stine, Eli Matthews, Dick Gordon, Tim Jackle, Michael Zarosinski and Clay Bearnson voting yes.
Ordinance 2015-48 was duly adopted. 
 
130.   Ordinances and resolutions
         None
 
140.   Council Business
140.1    Mayor Wheeler spoke to a request for a letter in support of the House Bill 2198 which would provide funding for affordable housing for families with low income.  A draft letter was distributed and Mayor Wheeler requested Council support on sending letter.  Council concurred.  Mr. Swanson spoke to the shortage of affordable housing in Medford and support for the work being done by the Housing Authority of Jackson County.
 
150.   Further reports from the City Manager and staff
150.1  Ms. Cooper spoke to Travel Medford contract and confirmed that there is an exemption from competitive bidding for travel and tourism services.  Councilmember Stine questioned the process and Ms. Cooper noted that the motion at the noon session to extend the current contract will be brought back for a vote.  She noted that findings will be included for the extension.
 
160.   Propositions and remarks from the Mayor and Councilmembers
160.1    Further Council committee reports
                    
160.2    Further remarks from Mayor and Councilmembers
a.   Councilmember Gordon questioned if the Council would want to direct Travel Medford on which industries to promote, such as marijuana tourism.  Councilmember Stine questioned if we have directed them previously and Councilmember Gordon noted that their primary goal is to fill hotels.  Councilmember Bearnson agreed with Councilmember Gordon.  Mayor Wheeler noted that the City has not dictated to Travel Medford in the past and he would be uncomfortable with doing so now.  Councilmember Gordon noted the reason he brought this forward is he feels the proposed contract does not ask Travel Medford to use their expertise but is very limited in scope and very much dictates how they should do business.
 
Councilmembers discussed perceptions of the proposed contract.     
  
170.   Adjournment
There being no further business the meeting adjourned at 7:54 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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