Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, December 03, 2015

AGENDA
December 3, 2015

12:00 Noon and 7:00 p.m.
Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon

  
10.    Roll Call
 
McLoughlin Middle School Students of the Month
 
20.    Approval or Correction of the Minutes of the November 19, 2015 Regular Meeting
 
30.    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.

 
40.    Consent Calendar

40.1     COUNCIL BILL 2015-124 An ordinance authorizing a cash sum payment of Street System Development Charge credits to Berkeley Hills LLC in the amount of $185,555.67 for right‑of‑way dedication and construction of street improvements between Keene Way and Berkeley Way along the southerly frontage of College Hills Addition.
 
40.2     COUNCIL BILL 2015-126 An ordinance amending section 11.505 of the Medford Code pertaining to installation of grease traps and amending various other sections of the Medford Code by substituting “superintendent” for “manager.”
 
40.3     COUNCIL BILL 2015-127 A resolution denying the appeal and upholding the Site Plan and Architectural Commission determination that it lacked jurisdiction to hear the request for revision to approved plans for the construction of a 1,850 square foot Starbucks on a 1.01 acre parcel located at 2676 East Barnett Road, on the south side of Barnett Road between Black Oak Road and Murphy Road, within a Community Commercial zoning district.
 

50.    Items Removed from Consent Calendar
 
60.    Ordinances and Resolutions

60.1     COUNCIL BILL 2015-125 SECOND READING An ordinance amending the existing Construction Manager/General Contractor contract with Adroit Construction, Inc. and acceptance of a Guaranteed Maximum Price of $7,422,499.82 for the construction of Fire Stations #2 and #4.
 
60.2     COUNCIL BILL 2015-128 An ordinance authorizing acceptance and expenditure of a special purpose grant in the amount of $10,000 from the Oregon Office of Emergency Management for community preparedness pocket guides to be distributed by Jackson County’s Community Emergency Response Team (CERT) programs.

 

60.3     COUNCIL BILL 2015-129 An ordinance authorizing the execution of an agreement pertaining to State government relations consulting in the amount of $30,000 per year with Rainmakers LLP.

 
70.    Council Business
 
80.    City Manager and Other Staff Reports
         80.1     Quarterly Travel Medford update by Anne Jenkins
 
         80.2     Quarterly Economic Development update from SOREDI by Ron Fox
 
         80.3     Freshwater Trust Temperature Trading by Cory Crebbin
 
         80.4     Capital Improvement Project by Greg McKown
 
         80.5     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
7:00 P.M.
Roll Call
 
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.

 
120.  Public Hearings

Comments are limited to a total of 30 minutes for applicants and/or their representatives.  You may request a 5-minute rebuttal time.  Appellants and/or their representatives are limited to a total of 30 minutes and if the applicant is not the appellant they will also be allowed a total of 30 minutes.  All others will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. PLEASE SIGN IN.

 

120.1 CONTINUED. Consideration of a proposed Comprehensive Plan/Urban Growth Boundary Amendment affecting the General Land Use Plan (GLUP) map, the Medford Street Functional Classification Plan of the Transportation Element, and portions of the text of both the Urbanization and GLUP Elements.

 
130.  Ordinances and Resolutions
        
140.  Council Business
 
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





MINUTES
12:00 Noon and 7:00 p.m.

Medford City Hall, Council Chambers

411 West Eighth Street, Medford, Oregon

The regular meeting of the Medford City Council was called to order at 12:00 noon in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
 
Council President Daniel Bunn; Councilmembers Clay Bearnson, Chris Corcoran, Dick Gordon*, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
Mayor Gary Wheeler was absent.  Council President Daniel Bunn presided.
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
McLoughlin Assistant Principal Rick Parsagian introduced the students of the month. 
 
*Councilmember Dick Gordon arrived.
 
20.    Approval or Correction of the Minutes of the November 19, 2015 Regular Meeting
At Councilmember Gordon’s request, topic was tabled to the evening meeting.
 
30.    Oral Requests and Communications from the Audience
         30.1     Mike Miles, 1203 N. Riverside Avenue, spoke regarding marijuana. He requested Council review how other cities have addressed issues and presented options such as drafting new building codes for greenhouses.
 
40.    Consent Calendar
         Items 40.2 and 40.3 were removed from the Consent Calendar.
 
         40.1     COUNCIL BILL 2015-124 An ordinance authorizing a cash sum payment of Street System Development Charge credits to Berkeley Hills LLC in the amount of $185,555.67 for right‑of‑way dedication and construction of street improvements between Keene Way and Berkeley Way along the southerly frontage of College Hills Addition.
 
Motion:      Adopt consent calendar.
Moved by: Dick Gordon                                            Seconded by:  Chris Corcoran
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  The following Council Bill was approved: 2015-124.
 
50.    Items Removed from Consent Calendar
Councilmember Bunn requested item 40.3 removed from the calendar, as he is the appellant; Councilmember Gordon requested item 40.2 removed for a staff report.
 
40.2     COUNCIL BILL 2015-126 An ordinance amending section 11.505 of the Medford Code pertaining to installation of grease traps and amending various other sections of the Medford Code by substituting “superintendent” for “manager.”
 
Councilmember Gordon questioned the cost to the City; Public Works Director Cory Crebbin explained current restaurants/businesses without oil-water separators would need to install one pursuant to the Oregon Building Code.
 
Due to conflicting language with the Oregon Building Codes Division and DEQ, the City was fined $10,000.  If the City doesn’t have another violation during the next year, $5,000 of the fine will be waived. If the City adopts Code changes, another $4,000 will be waived.  The City has paid $1,000.
 
Motion:      Adopt the ordinance amending section 11.505 of the Medford Code pertaining to installation of grease traps and amending various other sections of the Medford Code by substituting “superintendent” for “manager.”
Moved by: Dick Gordon                                           Seconded by: Eli Matthews
 
Councilmember Gordon emphasized the City needs to keep the grease, fats, oils out of the sanitary sewer systems as much as possible. Mr. Crebbin noted the City has the authority to verify that separators are properly installed. Councilmember Bearnson questioned how the City would determine which restaurants would be inspected.  Mr. Crebbin responded that eventually all businesses with commercial kitchens will be inspected, but at this point a concern must be raised before an inspection occurs.
 
Roll call:    Councilmembers Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes; Bearnson abstained.
Motion carried and so ordered. 
 
 
         40.3     COUNCIL BILL 2015-127 A resolution denying the appeal and upholding the Site Plan and Architectural Commission determination that it lacked jurisdiction to hear the request for revision to approved plans for the construction of a 1,850 square foot Starbucks on a 1.01 acre parcel located at 2676 East Barnett Road, on the south side of Barnett Road between Black Oak Road and Murphy Road, within a Community Commercial zoning district.
 
Councilmember Bunn recused himself from Council Bill 2015-127. 
 
Motion:      Adopt the resolution denying the appeal and upholding the Site Plan and Architectural Commission determination that it lacked jurisdiction to hear the request for revision to approved plans for the construction of a 1,850 square foot Starbucks on a 1.01 acre parcel located at 2676 East Barnett Road, on the south side of Barnett Road between Black Oak Road and Murphy Road, within a Community Commercial zoning district
Moved by: Dick Gordon                                           Seconded by:  Kevin Stine
Roll call:    Councilmembers Bearnson, Corcoran, Gordon, Matthews, Stine, and Zarosinski voting yes; Councilmembers Bunn and Jackle abstained.
Motion carried and so ordered. 
 
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2015-125 SECOND READING An ordinance amending the existing Construction Manager/General Contractor contract with Adroit Construction, Inc. and acceptance of a Guaranteed Maximum Price of $7,422,499.82 for the construction of Fire Stations 2 and 4.
 
Motion:  Adopt the ordinance amending the existing Construction Manager/General Contractor contract with Adroit Construction, Inc. and acceptance of a Guaranteed Maximum Price of $7,422,499.82 for the construction of Fire Stations 2 and 4.
Moved by:  Kevin Stine                                             Seconded by:  Michael Zarosinski
 
Councilmember Bearnson questioned whether the City can walk away from this contract if the bid comes back higher; Facilities and Project Manager Greg McKown noted that we could, but we are in a Guaranteed Maximum Price agreement. Councilmember Corcoran questioned when another person would assist with this project; City Manager Pro Tem Bill Hoke responded that staff was waiting for the second reading before proceeding with the process. Councilmember Zarosinski questioned if Legal's concerns were addressed; City Attorney Lori Cooper noted she is comfortable moving forward with the contract.
 
Roll call:  Councilmembers Bunn, Corcoran, Matthews, Stine and Zarosinski voting yes; Councilmembers Bearnson, Gordon and Jackle voting no.
Ordinance 2015-125 was duly adopted.
 
         60.2     COUNCIL BILL 2015-128 An ordinance authorizing acceptance and expenditure of a special purpose grant in the amount of $10,000 from the Oregon Office of Emergency Management for community preparedness pocket guides to be distributed by Jackson County’s Community Emergency Response Team (CERT) programs.
 
                     Emergency Management Coordinator Larry Masterman presented the staff report explaining that pocket guides will be distributed to the public. Councilmember Corcoran questioned who applied for the grant; Mr. Masterman responded that he applied for the grant.  He also noted the distribution would include surrounding cities, because Medford will not use all the guides and because it helps provide a collaborative emergency management effort within the community.
 
Motion:      Adopt the ordinance authorizing acceptance and expenditure of a special purpose grant in the amount of $10,000 from the Oregon Office of Emergency Management for community preparedness pocket guides to be distributed by Jackson County’s Community Emergency Response Team (CERT) programs.
Moved by: Kevin Stine                                              Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2015-128 was duly adopted.
 
         60.3     COUNCIL BILL 2015-129 An ordinance authorizing the execution of an agreement pertaining to State government relations consulting in the amount of $30,000 per year with Rainmakers LLP.
 
                     Mr. Hoke noted this contract is for our state lobbyist Cindy Robert, who was our only applicant and recommended approving the contract. Councilmember Corcoran asked about the level of response provided by Ms. Robert. Mr. Hoke explained Ms. Robert is a high energy individual, works in the off-season, helped staff with the applications for Connect Oregon, and she has reviewed topics the City should consider and address during next season. Mr. Hoke noted for the level of activity and the amount charged, the City is getting a great deal.
 
                     Councilmember Gordon questioned the specific term and whether the funds were budgeted.  Mr. Hoke responded the fees are budgeted. Executive Office Manager Lynette O’Neal noted the contract is for a two-year term, with an option to renew two additional times and funding was included in the Mayor and City Council budget.
 
                     Councilmember Jackle questioned whether the extensions were automatic or should be negotiated; Ms. Cooper read the agreement and stated it could be negotiated and the City can cancel at any time. Councilmember Stine questioned who has the option; Mr. Hoke noted it is a mutual option. Councilmember Corcoran questioned how long Rainmakers has been our state lobbyist; Mr. Hoke noted he has worked with Ms. Robert for 14 years; she started Rainmakers in 2005.
 
Motion:      An ordinance authorizing the execution of an agreement pertaining to State government relations consulting in the amount of $30,000 per year with Rainmakers LLP and that any renewal come before Council for approval.
Moved by: Kevin Stine                                              Seconded by:  Dick Gordon
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Ordinance 2015-129 was duly adopted.
 
70.    Council Business
70.1     Councilmember Corcoran spoke regarding the vacancies on the Parks and Recreation Commission and noted that five candidates were interviewed, of which three were reapplying.
 
Motion:      Motion to reappoint Marie Cabler, Julian Cordle and Jerry MacLeod to the Parks & Recreation Commission, with terms ending January 31, 2019.
Moved by: Chris Corcoran                                       Seconded by: Kevin Stine
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
80.    City Manager and Other Staff Reports
         80.1     Quarterly Travel Medford update by Anne Jenkins
Anne Jenkins, Senior Vice President of Travel Medford, spoke about tourism and various events in our area. She also noted that transient lodging tax revenues are increasing. Councilmember Stine questioned who Jade Helm is; Ms. Jenkins noted she is a writer out of Eugene. Councilmember Corcoran asked how Travel Medford could help with the selection process for the convention center feasibility study.  She noted that they can be a huge help due to their recordkeeping, and is aware of groups that can and cannot come to the valley, etc. Councilmember Bearnson would like to see Travel Medford involved in this process.
 
         80.2     Quarterly Economic Development update from SOREDI by Ron Fox
Ron Fox, Executive Director of SOREDI, provided a summary of business retention and expansion activities, business recruitment activities, and entrepreneurial business development.
 
Councilmember Stine questioned how the City could increase business here; Councilmember Corcoran commented on SOREDI’s accomplishments within their budget. Mr. Fox replied it would be helpful if the City assisted with the inventory of industrial, non‑retail buildings.  SOREDI is developing virtual building plans to present to prospects and works to engage area professionals in the education field for a stronger workforce of skilled laborers for our valley.  Councilmember Bearnson questioned what can be done to get kids into high-tech training and how can SOREDI help with this; Mr. Fox responded that they work with local businesses to promote the opportunities in their field.
 
Motion:      Direct staff to provide funding options for SOREDI’s dues increase.
Moved by: Chris Corcoran                                       Seconded by:  Dick Gordon
 
Councilmember Gordon thought this was tier 2 in the budget which council did not get to hear. Councilmember Bearnson recommended the funding go toward K-12 education. Councilmember Corcoran spoke to Councilmember Bearnson stating he did not think the City was there yet and right now SOREDI has an established business plan and they need to pay the bills.  Councilmember Bunn requested staff present funding options at the next meeting.
 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Councilmember Gordon stated that Mr. Fox is on the Rogue Community College board and congratulated him for obtaining $14 million in funding. He also questioned the $8 million in matching funds for a facility to conduct the training.  Mr. Fox noted they are still looking on raising the funds for the match, but there are a substantial number of options underway. 
 
         80.3     Freshwater Trust Temperature Trading by Cory Crebbin
Public Works Director Cory Crebbin presented a video on the Freshwater Trust Temperature Trading and thermal reduction through the use of plants to create shade.
 
         80.4     Capital Improvement Project by Greg McKown
Facilities and Project Manager McKown provided an update on the Monthly Project Status Report and the new format. Councilmember Corcoran questioned the Police Station secured garage funding showing “in the hole”.  Mr. McKown noted that we need to re‑appropriate the funding to the new budget.  Councilmember Corcoran asked for clarification regarding Phase 4 at USCCP. Parks & Recreation Director Brian Sjothun noted Phase 4 of USCCP is basically done, but the City is evaluating our participation with the Medford Youth Baseball Society and the Medford Rogues about the parking lot.  Parks & Recreation was directed by Council to spend the remainder of the money to develop that parking lot.  
 
         80.5     Further reports from City Manager
                     None.
 
90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         90.2     Further Council committee reports
                     a.     Councilmember Stine noted Marlene Nuckols resigned from the Landmarks and Historic Commission.  Staff will advertise and schedule interviews.
 
                     b.     Councilmember Gordon noted RVCOG is losing Dave Toler, who will be difficult to replace. He also noted Food and Friends lost their Josephine County cooking and staging facility as their lease expired. RVCOG may purchase a former church in Grants Pass which may work for them.
 
         90.3     Further remarks from Mayor and Councilmembers
a.     Councilmember Bearnson stated that applicant Karl Geidans may be interested in the Landmarks and Historic Commission. Council agreed staff should contact him.
 
100.  Adjournment to the Evening Session
         Council adjourned to the executive session and evening session at 1:53 p.m.
 
 
 
 

EVENING SESSION
7:00 P.M.

 
 
The regular evening session of the Medford City Council was called to order at 7:00 p.m. in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
 
Council President Daniel Bunn; Councilmembers Clay Bearnson, Chris Corcoran, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Mayor Gary Wheeler was absent.  Council President Daniel Bunn presided.
 
Out of sequence.
 
20.    Approval or Correction of the Minutes of the November 19, 2015 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
Back in sequence.
 
110.  Oral Requests and Communications from the Audience
         None.
 

Councilmembers Bunn and Corcoran recused themselves from item 120.1. 

 

Motion:  Councilmember Gordon to serve as presiding officer for the remaining of the meeting.
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.
Motion carried and so ordered.

 
120.  Public Hearings

Principal Planner John Adam noted that the hearing was closed, but the City is still accepting written comments.

 

120.1 CONTINUED. Consideration of a proposed Comprehensive Plan/Urban Growth Boundary Amendment affecting the General Land Use Plan (GLUP) map, the Medford Street Functional Classification Plan of the Transportation Element, and portions of the text of both the Urbanization and GLUP Elements.
 

Mr. Adam noted there was a meeting this week with property owners on the east side. There were no results during that meeting, although they are still discussing amongst themselves.  Mr. Adam noted some agreements have been received, including a verbal agreement from the Manor. Mr. Adam questioned if Council has received everything requested. Councilmember Zarosinski questioned the concession for MD7; Mr. Adam noted it was regarding the donation of land for a private school and a fire station. Councilmember Gordon believed he received the information he wanted and stated he preferred a 99-year agreement over perpetuity regarding the Manor property (Centennial Golf Course). Councilmember Jackle explained that perpetuity is standard, with applicants and/or the City extinguishing the contract at a later date.
 
Councilmember Gordon noted that he personally believes that the City is considering adding too many acres to the UGB, because of population forecasts and we haven’t met the targets. However, the City should include the maximum number of acres.  He read excerpts from an article from the League of Oregon City’s November 20th email regarding potential revisions to the Land Conservation and Development Commission (LCDC) regulations, which were part of the 2013 legislation and intended to address the results of various court cases.  He noted the rules propose a study area as well as a modification of the land priority system by requiring cities to select lands that are least productive for resource-based industry and add those lands to the UGB first. The new rules are online. 

 
Mr. Adam noted LCDC is meeting here January 13 and 14, 2016, but the rules will be discussed during the December meeting.  Councilmember Jackle did not believe the new rules would apply to us, because our area is the only region that adopted regional problem solving and areas without regional problem solving would need to go through an exceptions land process. Councilmember Gordon clarified that the point system is not working throughout the state and the LCDC is considering revisions.
 
Motion:  Continue the public hearing to December 17 at 7:00 p.m.
Moved by:  Dick Gordon                                           Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, Gordon, Jackle, Matthews, Stine, and Zarosinski voting yes.  Councilmembers Bunn and Corcoran abstained.
Motion carried and so ordered.
 

130.  Ordinances and Resolutions
         None.
 
140.  Council Business

None.

 
150.  Further Reports from the City Manager and Staff
         None.
 
160.  Propositions and Remarks from the Mayor and Councilmembers
         160.1  Further Council committee reports
                   None.
 
         160.2  Further remarks from Mayor and Councilmembers

None.

 
170.  Adjournment

There being no further business, this Council meeting adjourned at 7:40 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.
 
 
 
 
Karen M. Spoonts, MMC
City Recorder


 



 

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