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City of Medford Oregon / Mayor & Council

When available, the full agenda packet may be viewed as a pdf file by scrolling to the bottom of the page and clicking on the icon.

Thursday, June 18, 2009

 

                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING

 

                                                                    June 18, 2009

 

                                                                             

The regular meeting of the City Council was called to order at 12:00 in the Jackson County Auditorium at10 S. Oakdale with the following members and staff present.

 

Mayor Gary Wheeler; Councilmembers Greg Jones, James Kuntz, Bob Strosser, Dick Gordon, Al Densmore, Jill Stout (*left and returned as noted), Chris Corcoran and Ben Truwe.

 

City Manager Michael Dyal; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Owens.

 

Employee Recognition

Employees from the Building & Safety Department, Police Department and Public Works Department were recognized for their years of service.

 

Introduction of New Employees

Shannon Kell – Property Control Specialist, Police Department and Christopher Frederick, Public Works Supervisor – Traffic, Public Works Department were introduced.

 

Employee Retirement

Mark Bell, Police Sergeant; Terry Newell, Police Officer; and Stephen Johnson, Police Sergeant were all recognized for their years of service and presented retirement plaques.

 

20.     Approval or correction of the minutes of the June 4, 2009, regular meeting

         There being no corrections or amendments, the minutes were approved as presented.

 

30.     Oral requests and communications from the audience

         None

 

40.     Consent calendar

         40.1   COUNCIL BILL 2009-129  A resolution initiating the vacation of a portion of Plum Street located off Garfield Street within a SFR-00 (Single Family Residential – 1 unit per existing tax lot) zoning district.  (SV-09-043)

 

40.2      COUNCIL BILL 2009-130  A resolution authorizing the transfer of $812,000 from the Finance Department – Leave Sell Back Account to various City departmental Personal Services Accounts.

 

40.3      REMOVED By Councilmember Corcoran 

 

40.4      COUNCIL BILL 2009-132  An ordinance authorizing execution of an Intergovernmental Agreement between the City of Medford and the Medford Water Commission in the amount of $25,000.00 for inspection and maintenance of city fire hydrants.

 

40.5      REMOVED By Councilmember Gordon 

 

40.6      COUNCIL BILL 2009-134  An ordinance authorizing execution of an Intergovernmental Agreement with Jackson County to remove and dispose of dead animals from city streets.

 

40.7      COUNCIL BILL 2009-135  An ordinance authorizing the grant of a 10-foot easement to AVISTA Corporation at the southeasterly corner of Crater Lake Highway and Delta Waters Road.

 

40.8      COUNCIL BILL 2009- 136 An ordinance dedicating as public right-of-way a strip of land 195 feet long with varying width from 0-40 feet, for the relocated intersection of Roxy Ann Road and Hillcrest Road.

 

40.9      REMOVED By Councilmembers Stout

 

         40.10 REMOVED By Councilmember Corcoran 

                          

         Motion:  Adopt the consent calendar.

         Moved by:  James Kuntz                                       Seconded by:  Ben Truwe

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

Motion carried and the following council bills were duly adopted:  2009-129, 2009-130, 2009-132, 2009-134, 2009-135, and 2009-136.

 

50.     Items removed from consent calendar

         40.3   COUNCIL BILL 2009-131  A resolution authorizing the transfer of $6,130.00 from Technology Services to the Parks & Recreation Department City Hall Renovation Project.

 

Councilmember Corcoran questioned what the funds would be used for and staff noted it was to cover costs of carpeting and uninterrupted power supply for the Technology Services Department and for electrical work in council chambers and that the project is under budget.

 

         Motion:  Adopt the resolution.

         Moved by:  Chris Corcoran                                     Seconded by:  Bob Strosser

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-131 was duly adopted.

 

         40.5   COUNCIL BILL 2009-133  An ordinance authorizing a two-year extension of a Service Contract with Bob Thomas Automotive, Inc., in an amount not to exceed $130,000.00 to provide preventive maintenance services for the City of Medford Police Department fleet from July 1, 2009 to June 30, 2011.

 

                  Councilmember Gordon questioned if this was an overall savings for the city and not just within one department at an increased cost to another department.  Police Chief Schoen and Public Works Director Cory Crebbin confirmed that provides cost savings in both departments.

 

         Motion:  Adopt the ordinance.

         Moved by:  Dick Gordon                                        Seconded by:  Greg Jones

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-133 was duly adopted.

 

40.9   CONTINUED FROM June 4, 2009

COUNCIL BILL 2009-114  An ordinance authorizing execution of an Intergovernmental Agreement with Jackson County in the amount of $9,422.62 for landscape maintenance at the Regional Water Reclamation Facility.

 

Councilmember Stout requested clarification on the length of the contract and staff reported the contract expires in 2011.

 

         Motion:  Adopt the ordinance.

         Moved by:  Jill Stout                                              Seconded by:  Greg Jones

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-114 was duly adopted.

 

         40.10 COUNCIL BILL 2009-137  An ordinance authorizing execution of an Extension Agreement with Falcon Cable Systems Company II, L.P., (dba Charter Communications), granting a second extension to the existing franchise agreement to June 30, 2010.

 

Councilmember Corcoran requested information on the process of identifying a provider and Deputy City Manager Bill Hoke noted that the City does not utilize exclusive agreements for franchises and that any company wishing to provide these services could also have an opportunity to enter into a franchise agreement.

 

         Motion:  Adopt the ordinance.

         Moved by:  Chris Corcoran                                     Seconded by:  Dick Gordon

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-137 was duly adopted.

 

60.     Ordinances and resolutions

60.1      COUNCIL BILL 2009-138  An ordinance amending Section 2.443 of the Medford Code pertaining to the Urban Renewal Agency Board membership and terms of appointment.

 

Motion:  Adopt the ordinance.

Moved by:  Al Densmore                                        Seconded by:  Greg Jones

 

Councilmembers discussed modification to the ordinance to appoint existing members of the board to the positions outlined based on seniority with the members with the most service being appointed to the closest expiration dates.  Discussion regarding possibility of more than two members for positions and staff will research original dates of appointments to determine if any such conflict would exist.

 

Motion to Amend:  Amend main motion to assignment of positions based on seniority of service of existing members with longest service being up for renewal in January 2010.

Moved by:  Ben Truwe                                           Seconded by:  Dick Gordon

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Motion carried and so ordered.

 

Roll Call on Main Motion as Amended:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-138 was duly adopted as amended.

 

60.2      COUNCIL BILL 2009-139  An ordinance amending Section 2.446 of the Medford Code pertaining to parking in the Central Business District

 

         Motion:  Adopt the ordinance.

         Moved by:  Al Densmore                                        Seconded by:  Dick Gordon

 

Councilmembers discussed authority for appointment to the Parking Advisory Committee and inclusion of additional stakeholders, such as students or representatives of the higher education facilities, on the committee.  It was suggested that staff review this issue and come back to council with recommendations at a future study session.

 

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

          Council Bill 2009-139 was duly adopted.

 

60.3      COUNCIL BILL 2009-140  A resolution authorizing the City Manager to add one (1) additional FTE position in the Finance Department for administration of the Parking Fund.

 

         Motion:  Adopt the resolution.

         Moved by:  Dick Gordon                                        Seconded by:  Ben Truwe

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-140 was duly adopted

 

60.4      COUNCIL BILL 2009-141  An ordinance amending the Rules and Regulations for Executive, Supervisory and Confidential-Professional Employees pertaining to salaries and benefits.

 

         Motion:  Adopt the ordinance.

         Moved by:  Greg Jones                                          Seconded by:  Dick Gordon

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-141 was duly adopted

 

70.     City Manager and other staff reports

         70.1   Appeal of LUBA decision re: Wal-Mart

John Huttl, City Attorney addressed the council and reviewed the options regarding the remand from LUBA of the Wal-Mart application.  He distributed a letter from Greg Hathaway who represents Wal-mart and noted that they are intending to appeal this decision and requests the council also appeal.

 

Councilmember Gordon addressed the council and stated he felt there are two options to be considered, one is to appeal the LUBA decision and the other is to address the Medford Code language.  He feels that there is concern regarding cleaning our code and how this would affect of other developments that could be appeal under these same conditions if we did not address the code language. 

 

Motion: Direct staff to fast track code modification to strengthen code language regarding level of service determined at zone change application.

         Moved by:  Dick Gordon                                        Seconded by:  Bob Strosser

 

Councilmember Strosser withdrew second.  Councilmember Densmore seconded the motion.

 

Council discussion regarding modification of code language and clarity that intent of the motion was to clarify the code language regarding level of service being determined at time of zone change and to include language that would add a temporal component, for example the traffic impact analysis would only be valid for ten years if not developed, and/or review of the traffic impact analysis based on volume of development in area.  Council discussed the need to not only strengthen the code but to also provide additional means to analyze the traffic impacts beyond the time of zone change.

 

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Motion carried and so ordered.

 

         Motion:  Direct staff to file an appeal of the LUBA decision and to request a stay of the order.

         Moved by:  Al Densmore                                        Seconded by:  James Kuntz

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Motion carried and so ordered.

 

         70.2   MPO Funding for RPS

Mr. Dyal addressed the council regarding the potential use of Surface Transportation Project (STP) funds for defending any Regional Problem Solving (RPS) legal challenges.  He noted there is a need for funding for the RPS findings and there is a recommendation that a portion be funded with STP funds.  In addition, there is a need for funding to be set aside to be used to defend any legal challenges that may arise from the process.  He noted that Michael Cavallaro from RVCOG is in the audience and available to answer questions.

 

Mr. Cavallaro addressed the council and noted that the contract for development of findings of fact has been entered into and work is beginning.  In addition, Jackson County has required that the RPS participants provide $100,000 towards the cost of development of the findings and a legal defense, if necessary.  He noted that if the MPO Policy Committee does not approve the reallocation of STP funds for the findings, the RPS process will come to a halt.  When questioned he noted that RVCOG will be holder of the funds and will pay consultant.  He noted that the identified STP funds were not allocated to any project and no jurisdictions would be harmed.

 

* Councilmember Jill Stout left the meeting. 

 

Public Works Director Cory Crebbin addressed the council and noted that this proposal would not affect the Garfield Street project.  He noted that the City needs to ensure that this would not change as any modification that would move Federal monies into the project would jeopardize the success of the project.

 

* Councilmember Jill Stout returned to the meeting.

 

Motion:  Direct Councilmember Densmore to vote yes to proposal as long as no negative affect on the City’s Garfield project.

         Moved by:  Bob Strosser                                       Seconded by:  James Kuntz

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, and Dick Gordon voting yes.  Councilmember Chris Corcoran abstained.

         Motion carried and so ordered.

 

70.3      Medford’s 125th Anniversary

Mr. Dyal provided a briefing on the information presented to council at the June 11, 2009 study session and requested council direction.

 

         Motion:  Direct staff to move forward with planning for Medford’s 125th Anniversary.

         Moved by:  Ben Truwe                                           Seconded by:  Al Densmore

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Motion carried and so ordered.

 

         70.4   Mr. Dyal noted that the Risk Manager reported that due to changes in the workers compensation plan as instituted for the city has saved over $100,000 over the last four years and decreased premiums by twenty percent.

 

Mayor Wheeler and councilmembers agreed to move the remainder of the noon agenda to the evening session.

 

80.     Propositions and remarks from the Mayor and Councilmembers

80.1   Proclamations issued:

                        None

 

80.2   Council committee reports.

 

80.3   Remarks from Mayor and Councilmembers.

 

90.     Adjournment

Mayor Wheeler adjourned the meeting at 1:54 p.m. noting that the council would reconvene in Executive Session at 5:45 in Room 151 of the Lausmann Annex pursuant to ORS 192.660 section (a) to consider the employment of a public officer, employee, staff member or individual agent; section (f) to consider information or records that are exempt by law from public inspection; section (i) to review and evaluate the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member who does not request an open hearing; and (h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.  He noted that the council would also reconvene at 7:00 in the Jackson County auditorium for the regular evening session.

 

*************************************************************************

 

EVENING SESSION

                                                                             

The evening session of the Medford City Council was called to order at 7:00 p.m. in the Jackson County Auditorium at 10 S. Oakdale with the following members and staff present.

 

Mayor Gary Wheeler; Councilmembers James Kuntz, Bob Strosser, Greg Jones, Al Densmore, Ben Truwe, Jill Stout, Dick Gordon and Chris Corcoran.

 

City Manager Michael Dyal; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Owens.

 

110.   Oral requests and communications from the audience

         110.1 Bruce Spence, representing the Southeast Medford Citizens’ Organization addressed the council regarding the Generations project.

 

         110.2 Justin Maben, 12422 Highway 66, Klamath Falls addressed the council and submitted a copy of the Homeowners and Bank Protection Act.  He requested the council adopt this resolution and forward the information to Oregon legislators.

 

120.   Public hearings

         120.1    Consider an appeal of an administrative decision regarding maintenance of sidewalk at 3023 El Dorado Dr.

 

                     Cory Crebbin, Public Works Director addressed the council and provided a staff report.  The property owner in this case reported that the sidewalk failed due to a city sewer installation and upon inspection staff concurs.  Staff recommends that the council uphold the appeal and direct staff to repair this sidewalk from the appropriate maintenance fund.

 

Public hearing opened.

         None    

Public hearing closed.

 

         Motion:  Uphold the appeal and direct staff to perform the necessary repair and fund through appropriate fund.

         Moved by:  Bob Strosser                                       Seconded by:  Greg Jones

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Motion carried and so ordered.

 

         120.2    Consider an appeal of an administrative decision regarding maintenance of sidewalk at 2933 Seckel Street.

 

                     Cory Crebbin, Public Works Director address the council and noted that the property owner is requesting extension of time to complete repairs.

 

Public hearing opened.

         None

Public hearing closed.

 

         Motion:  Deny the appeal and grant a 90 extension for repair of the work.

         Moved by:  Chris Corcoran                                     Seconded by:  Greg Jones

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Motion carried and so ordered.

 

         120.3    Consider an appeal of an administrative decision regarding maintenance of sidewalk at 625 S. Holly St.

 

                     Cory Crebbin, Public Works Director addressed the council and provided a staff report. 

 

Public hearing opened.

         1.         Susan Liebzeit, property owner, addressed the council and requested that council grant an extension if she is forced to fix the nuisance.

Public hearing closed.

 

         Motion:  Deny the appeal and grant a 90 extension to complete the repair.

         Moved by:  Bob Strosser                                       Seconded by:  Greg Jones

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Motion carried and so ordered.

 

         120.4    COUNCIL BILL 2009-142  A resolution adopting an eighth Supplemental Budget for the 2007-2009 biennium for the Street SDC Fund.

 

                     Alison Chan, Finance Director presented a staff report.

 

Public hearing opened.

         None

Public hearing closed.

 

         Motion:  Adopt the resolution.

         Moved by:  Bob Strosser                                       Seconded by:  Greg Jones

Roll Call:  Councilmembers James Kuntz, Ben Truwe, Al Densmore, Bob Strosser, Jill Stout, Greg Jones, Dick Gordon and Chris Corcoran voting yes.

         Council Bill 2009-142 was duly adopted

 

130.   Ordinances and resolutions

         None

        

140.   Further reports from the City Manager and staff

         140.1    Deputy City Manager Bill Hoke requested Councilmembers recommend one person from each ward to participate on the Urban Growth Boundary committee.  Councilmember James Kuntz recommended Karen Blair from Ward 2.  Mr. Hoke noted the time commitment will be approximately six months and requested any further recommendations be emailed to him.

 

         140.2    Mr. Dyal clarified that on the Study Session agenda for next week the first item is RPS Update not RPS Funding.

 

150.   Propositions and remarks from the Mayor and Councilmembers

         150.1    Further Council committee reports.

                     a.   Councilmember Corcoran reported on the MURA meeting and adoption of the 2009-20010 budget.  He expressed concerns about limited amount of breakdown on Capital Improvement Projects within the budget and that the board will be looking at this for the next budget cycle.  He also noted the Board agreed to postpone award of contract for sidewalk improvements at the Evergreen Mixed Use property as the City is working with two potential developers for this location.  Mr. Dyal noted that the Board did not respond to the request for assistance by Lithia in completing a tax credit application and Councilmember Corcoran noted there were remaining questions regarding this issue.  Deputy city Manager Bill Hoke will attend the next board meeting to address those questions.

 

b.       Councilmember Gordon reported on the Parks & Recreation Commission and invited councilmembers to a tour of the Chrissy Park on July 7th.  He noted the commission has been discussing the potential to develop a disc golf course at Chrissy Park.

 

c.       Councilmember Densmore reported on the Transportation Advisory Committee meeting and discussion regarding House Bill 2001 pertaining to transportation funding.

 

d.       Councilmember Strosser reported on the Water Commission meeting and discussion on hydrant maintenance and training issues on backflow devices. 

 

e.       Councilmember Kuntz reported on the Water Commission tour of Big Butte Springs.

 

f.         Councilmember Densmore reported on the League of Oregon Cities meeting pertaining to City/State relations.

                    

         150.2    Further remarks from Mayor and Councilmembers.

                     a.   Boards & Commission Appointments

                           Councilmember Strosser conducted appointments as follows:

 

Bicycle & Pedestrian Advisory Committee:  As there was one position open and one applicant, Kathryn Alftine she was unanimously appointed with a term ending January 31, 2011.

 

Hospital Facilities Advisory:  One open position and two applicants – Robert Doolen and Walt Locke.

 

                           Roll Call:

                           Chris Corcoran – Doolen

                           Al Densmore – Doolen

                           Dick Gordon – Doolen

                           Greg Jones – Doolen

                           James Kuntz – Doolen

                           Bob Strosser – Doolen

                           Jill Stout – Doolen

                           Ben Truwe – Doolen

 

                           Robert Doolen received eight votes, Walt Locke received zero.

                           Robert Doolen was appointed with a term ending January 31, 2013.

 

b.       Mayor Wheeler noted that the appointed council liaison for the Multicultural Commission in unable to attend the meetings and asked for councilmembers to rotate as liaison for this group until January.  Mr. Dyal noted that staff will get the dates of the meetings and work out a rotation schedule with those councilmembers who can make this meeting.

 

                     c.   Councilmember Densmore reported that Wednesday June 24th is the Southern Oregon Regional Economic Development, Inc. annual dinner and councilmembers interested in attending should contact the City Managers office.

 

c.       Councilmember Strosser requested that staff look at code amendment to allow the staff to deal with the sidewalk appeals for time extensions.  Mr. Dyal noted that staff could look at other issues as well is council so desired. 

 

d.       Mayor Wheeler reminded council that the new artwork at City Hall would be unveiled tomorrow at 5:00.

 

160.   Adjournment

         There being no further business before the council, the meeting adjourned at 8:08 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 Owens

City Recorder

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