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City of Medford Oregon / Mayor & Council

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Mayor & Council - Minutes     
Thursday, September 05, 2013

      MINUTES OF THE REGULAR MEETING OF THE MEDFORD CITY COUNCIL MEETING
 
September 5, 2013
                                                                             
Council Chambers, Medford City Hall
411 W. 8th Street, Medford
 
The regular meeting of the Medford City Council was called to order at noon in the Council Chambers of the Medford City Hall on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Karen Blair, Daniel Bunn, Chris Corcoran*, Dick Gordon, Eli Matthews, John Michaels, Bob Strosser
 
City Manager Eric Swanson; Assistant City Manager Bill Hoke; City Attorney John Huttl; Deputy City Recorder Karen Spoonts
 
*Left as noted.
 
20.     Approval or correction of the minutes of the August 15, 2013 regular meeting
There being no additions or corrections, the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Mayor Wheeler presented a proclamation for National Recovery Month, September 2013. Anita Espino accepted the proclamation and read the poem “I am a mother of an addict”.
 
30.2   Bill Walton, 1044 Sandoz Street, Central Point, stated that he has two rentals in Medford and expressed his dilemma with business licenses granted to his rental property. He requested that street fees be broken down to street fees and business licenses as the owner of the property has the right to know if there is a business license attached to their property. Councilmember Corcoran questioned what he had been paying; Mr. Walton noted that he has been unknowingly paying the business licenses for the rentals. Councilmember Michaels requested a staff report; Finance Director Chan stated that we do have a valid business license at that address. Mr. Michaels noted that he can see the hole in the system and thought we needed to resolve this. Attorney Huttl noted that we could alert the landlord but it is not required. Councilmember Bunn questioned if the utility billing has the capacity to display the home base business separately; Public Works Manager Peterson stated that with the new system we could but we don’t have that set up. Councilmember Strosser stated that a landlord could put this in the lease rental agreement as well. Councilmember Corcoran questioned if the license stays with the tenant or with the resident; Ms. Chan noted the tenant would have to instigate a change of address and the owner could cancel should the tenant not change the address when moving. City Manager Swanson stated that a motion to make this change would not be necessary as staff can make the changes to the utility bill.
 
30.3   Michael Duncan representing Jackson County Treatment Courts, requested Council’s thoughts on the effectiveness of a Victim Impact Panel. He noted there is hope out there and many who are going through treatment want to become a positive change to the community. Alex Barbiero stated that he is in phase two of the treatment board and this is a way of give back to their program. He presented an example of positive changes; they have started a Clean and Sober Basketball Team that will be playing at the Santo Center. Councilmember Corcoran thanked them for attending and requested information on the program.
 
40.     Consent calendar
40.1   REMOVED by Councilmember Blair.
 
40.2   COUNCIL BILL 2013-123 An ordinance authorizing the donation of one (1) surplus police armored truck to the Douglas County Sheriff’s office.
 
40.3   REMOVED by Councilmember Gordon.
 
40.4   COUNCIL BILL 2013-125  An ordinance granting a Revocable Permit to the property owner of One West Main Street to allow their fire service vault to be placed within the public right-of-way.
 
40.5   COUNCIL BILL 2013-126  An ordinance granting a Revocable Permit to the property owner of 25 N. Berkeley Way to allow installation of concrete pavers in the right-of-way.
 
Motion:  Adopt consent calendar.
Moved by:  Eli Matthews                                                          Seconded by:  John Michaels
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes. Motion carried and so ordered.  The following Council Bills were approved: #2013-123, 2013-125, 2013-126.
 
50.     Items removed from consent calendar
40.1   COUNCIL BILL 2013-122  An ordinance authorizing execution of a Grant Agreement with the Housing Authority of Jackson County in the amount of $132,540 in 2013 Community Development Block Grant funds and an estimated $75,000 in program income for the Homeowner Repair Program.
 
Councilmember Blair thanked Executive Support Specialist Sparacino for the hard work she has done with grants. Ms. Sparacino reported that 379 homes have been rehabbed since inception.
 
Motion:  Move to approve the ordinance to authorize the execution of the 2013 CDBG grant agreement with Housing Authority of Jackson County for the Homeowner Repair Program.
Moved by:  Karen Blair                                                            Seconded by:  Dick Gordon
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Ordinance #2013-122 was duly adopted.
 
40.3   COUNCIL BILL 2013-124  An ordinance granting a right-of-way easement to the Rogue River Valley Irrigation District to provide electrical service to the Bear Creek Diversion Facility adjacent to Hawthorne Park.
 
Councilmember Gordon requested discussion on the easement; Parks and Recreation Director Sjothun noted that the proposed easement will allow the Rogue River Valley Irrigation District to underground a new utility connection to their facility through the park. The cost to relocate the proposed easement for future park development would be the responsibility of the City and is part of the agreement. Councilmember Gordon questioned if it was a revocable easement; City Attorney Huttl noted that the easement is revocable and relocating is mentioned in it.
 
Motion:  Move to approve an ordinance granting the Rogue River Valley Irrigation District a 10-foot wide underground right-of-way easement within Hawthorne Park for the Bear Creek Diversion Facility.
Moved by:  Dick Gordon                                                         Seconded by:  Chris Corcoran
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Ordinance #2013-124 was duly adopted.
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2013-127  A resolution initiating a General Land Use Plan Map amendment to reclassify 856 acres of land within the current Urban Growth Boundary (UGB).
 
Motion:  Move to approve the resolution initiating a General Land Use Plan Map amendment to consider the reclassification of 856 acres within the current Urban Growth boundary.
Moved by:  Chris Corcoran                                                      Seconded by:  Eli Matthews
 
Planning Department Planner John Adam presented a staff report noting the difference between the internal and external study areas and provided information on the next steps. Councilmember Bunn stated that he would be abstaining from voting.
 
Roll call:  Councilmembers Blair, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes; Bunn abstained.
Resolution #2013-127 was duly adopted.
 
60.2   COUNCIL BILL 2013-128  An ordinance amending Sections 8.001, 8.003, and 8.015 of the Medford Code pertaining to business license requirements.
 
Motion:  Move adoption of code modifications pertaining to denial of a business license.
Moved by:  Chris Corcoran                                                      Seconded by:  Bob Strosser
 
City Manager Swanson stated that there is additional information at Council places pertaining to House Bill 3460. This memo, provided by Attorney Huttl provides clarification to what is in the code. Currently Oregon Health Authority is in the process of writing the rules and will be effective March 2014.
 
Councilmember Corcoran noted that in the memo the oath for councilmembers should say Medford council, not the Medford Water Commission. Councilmember Gordon requested time to read it.
 
Motion:  Continue Council Bill 2013-128 to the evening meeting.
Moved by:  Bob Strosser                                                         Seconded by:  John Michaels
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Motion carried and so ordered.
 
60.3   COUNCIL BILL 2013-129  An ordinance amending Section 8.2005 of the Medford Code pertaining to reports to the City Council for economic improvement districts.
 
Motion:  Move to approve the ordinance amending Section 8.2005 of the Medford Code pertaining to information contained in reports to the City Council for economic improvement districts
Moved by:  Eli Matthews                                                          Seconded by:  Bob Strosser
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Ordinance #2013-129 was duly adopted.
 
60.4   COUNCIL BILL 2013-130 An ordinance initiating the formation of an Economic Improvement District and setting a public hearing for September 19, 2013.
 
Motion:  Move to approve the ordinance directing the City Manager to set September 19, 2013 for the public hearing for the establishment of an Economic Improvement District in downtown Medford.
Moved by:  Bob Strosser                                                         Seconded by:  Dick Gordon
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Ordinance #2013-130 was duly adopted.
 
70.     City Manager and other staff reports
70.1   Sustainable Cities Initiative Update
City Manager Swanson stated that the kickoff meeting for the Sustainable Cities Initiative was held last week at the Carnegie and was a tremendous start to the program. Showcased were some of the things that have been done in other cities and what will be done in Medford. This event will also be held in Eugene; Council was advised to contact staff should they like to attend.
 
70.2   Update on Bureau of Indian Affairs
Moved to the evening meeting.
 
70.3   Further reports from City Manager
a.   Annie Jenkins, Travel Medford, provided a quarterly and annual update. She introduced staff and highlighted successes, such as brochure production and distribution; community awareness, communication and website; public relations and group tour media; Visitor Information Center; meetings, conventions and sports; trade shows; and financial management and market research.
 
Councilmember Corcoran questioned the changeover of the Red Lion to the Inn at the Commons and thought Travel Medford could talk about the Convention Center; Ms. Jenkins noted that they have had meetings and the owners will attend trade shows with them. She further stated that the Inn will be a full service property with a restaurant, and customer service will be top notch. Ms. Jenkins commented that we still need a convention center or something along that line. Mayor Wheeler thanked her for allowing him to attend the American Junior Golf Association event. Ms. Jenkins noted that a parent reception is held during that event to help them know what is in the area.
 
b.   Utility Duplex Rates – Public Works Director Crebbin presented information on the sewer rate for duplexes. He noted that duplexes are not the only ones that have concerns and that rates are revenue neutral to City, simpler and fairer. He presented the rate structure changes according to the recommendation of the study by FCS Group. Councilmember Bunn questioned the average rate for a multi-family unit; Mr. Crebbin did not have that answer. Councilmember Corcoran questioned if changing the code for duplexes would be fairer and revenue neutral; Mr. Crebbin that someone would have to pick up the difference in fees. Councilmember Corcoran questioned if Mr. Crebbin had talked to Mr. Work who brought this up; Mr. Crebbin noted that he did not as he wanted to talk to Council first. City Manager Swanson noted that the spreadsheet presented pertaining to utility fee changes was excellent as he showed how low Medford utility fees were. Councilmember Bunn questioned the split between treatment and sewer line maintenance utility fees; Mr. Crebbin did not know the answer but would get back to council. Councilmember Gordon stated that he did not know that the rate for the duplexes would go up so much and didn’t know how we can alert people to changes and substantial increases. He noted that this has simplified the utility fees and appreciated the work that has been done on this.
 
80.     Propositions and remarks from the Mayor and Councilmembers
80.1   Proclamations issued and were read:
               Jerry and Jeannie Taylor Day, September 15, 2013
               Local Veterans Month, September 2013
               Emergency Preparedness Month, September 2013
 
*Chris Corcoran left.
              
80.2   Further Council committee reports.
a.   Councilmember Gordon would like to propose a change pertaining to the City Council meetings and Council business. He stated we are rarely successful in getting the meetings done by 1:30 p.m. and by the time we get to “Propositions and remarks from Mayor and Councilmembers” there is little time to discuss Council business, such as appointments, reimbursements, etc. He would like Council action items be placed higher up in the agenda. There is also confusion on who has the gavel in the meeting and stated it should stay with the Mayor.
 
Motion:  Move to direct staff to revise the agenda format to include a “Council business” section immediately prior to the “City Manager and other staff reports” section.
Moved by:  Dick Gordon                                                         Seconded by:  John Michaels
Roll call:  Councilmembers Blair, Bunn, Gordon, Matthews, Michaels, and Strosser voting yes.
Motion carried and so ordered.
 
Mayor Wheeler noted that we would need to have the information to staff in a timely manner before the agenda is prepared. Councilmember Gordon requested guidelines’ from City Manager Swanson. Councilmember Michaels requested “Council committee reports” be moved to the evening meeting or put in an email. Mayor Wheeler stated that he likes to hear the report on the Medford Water Commission meetings. Councilmember Strosser noted that more people attend and watch the noon meeting so he thought the reports should stay at the noon meeting.
 
Motion:  Move that the Mayor chair the “Council business” section of the agenda.
Moved by:  Dick Gordon                                                         Seconded by:  Bob Strosser
Roll call:  Councilmembers Blair, Bunn, Gordon, Matthews, Michaels, and Strosser voting yes.
Motion carried and so ordered.
 
80.3   Further remarks from Mayor and Councilmembers.
                  None
 
90.     Adjournment to the evening session
Council adjourned to the evening session at 1:53 p.m.
 
 
EVENING SESSION
7:00 P.M.
 
The regular meeting 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:
 
Mayor Gary Wheeler; Councilmembers Karen Blair, Daniel Bunn, Chris Corcoran, Dick Gordon, Eli Matthews, John Michaels, Bob Strosser
 
City Manager Eric Swanson; Assistant City Manager Bill Hoke; City Attorney John Huttl; Deputy City Recorder Karen Spoonts
 
110.   Oral requests and communications from the audience
110.1    Craig Stone, speaking on behalf of Dr. and Mrs. Gordon Dickerson and Dr. and Mrs. James Post, spoke about land they owned north of Cherry Lane along Aerial Heights Drive which they would like to have annexed in the City. Because efforts to extend municipal facilities (particularly sanitary sewers) to the area have not happened they would like an amendment to the code to permit septic systems within incorporated Medford subject to Department of Environmental Quality approval and the posting of security to ensure payment for future sewer line extensions/connections.
 
Councilmember Michaels requested staff input; Planning Director Huber stated that both Public Works and Planning Department did meet with Mr. Stone but this is more of a Public Works issue and what Mr. Stone is saying is correct. From a policy position the details are important and critical; all parties must know what is requested. Councilmember Michaels requested staff make a recommendation on how to move forward on this. City Manager Swanson noted that staff will evaluate and bring this back to Council.
 
Mr. Stone noted that the letter he presented brings forth suggestions on how the language can be written. Mayor Wheeler stated that this will come back to Council after receiving staff input.
 
60.     Ordinances and resolutions (con’t)
60.2      City Manager Swanson noted that he did receive the corrected amendment for 60.2 from Attorney Huttl. Councilmember Gordon noted that he had read it and was pleased with the language.
 
COUNCIL BILL 2013-128  An ordinance amending Sections 8.001, 8.003, and 8.015 of the Medford Code pertaining to business license requirements.
 
Motion:  Move adoption of code modifications pertaining to denial of a business license.
Moved by:  Chris Corcoran                                                               Seconded by:  Bob Strosser
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Ordinance #2013-128 was duly adopted.
 
120.   Public hearings
120.1    COUNCIL BILL 2013-131  An ordinance amending Medford Code Sections 10.031, 10.051, 10.061, 10.132, 10.136, 10.146, 10.251, 10.253, 10.254, 10.259, 10.261, 10.285, 10.432, 10.485, 10.501, 10.712, 10.732, 10.743, 10.747, 10.801, 10.823, 10.824, 10.833, 10.837, 10.878, and 10.897 and creating new Sections 10.262 and 10.263 to eliminate the requirement for dual reviews of commercial/industrial/multi-family development within Historic Overlay Zones with a delayed effective date of December 1, 2013.  (DCA-12-056)
 
Planning Director Huber presented the staff report noting that this will encourage revitalization and prevents dual review of both Site Plan and Architectural Commission (SPAC) and Landmarks and Historic Preservation Commission (LHPC) for commercial, industrial and multi-family as most of the downtown area has the Historic Overlay. He presented a map showing the boundary of the downtown area noting that this covers most of that area. If adopted, LHPC will have oversight and permitting authority.
 
Councilmember Strosser questioned who did not agree with this change; Mr. Huber noted that it was Planning Commissioner Tim Jackle because there were no requirements on the LHPC for engineers, etc. Councilmember Gordon noted that we are all interested in streamlining the process; he expressed concern with the qualifications of people that are more specific to the professions involved with building vs. landmarks and was concerned with parking issues such as the Housing Authority who did not have parking requirements. He questioned how you would blend the expertise needed; that they still need to meet the same criteria and staff support will still need to be there. Mr. Huber noted the parking district may expand as well. Councilmember Corcoran noted that this is a lifetime of training and questioned fast tracking them for training; Mr. Huber stated that he thought they had that training at present. Mayor Wheeler thought this was a very good idea and there is more flexibility outside the area in question.
 
Public hearing opened.
 
 
  1. Cathy DeWolfe, Chair of the LHPC, stated that they are in support of this and that this Commission will serve the City well with this change.
 
Public hearing closed.
 
Motion:  Move to adopt the ordinance eliminating the requirement for dual review of development proposed within the City’s Historic Overlay Zones.
Moved by:  John Michaels                                                                Seconded by:  Bob Strosser
 
Councilmember Michaels questioned if we would have to change the responsibilities of the Commission; Mr. Huber noted that is why Mr. Huttl needed to read so many changes to the code. Council discussed the need to streamline and suggested moving forward with caution; Councilmember Blair, who is the liaison to this Commission, agreed.
 
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Motion carried and so ordered.
 
130.   Ordinances and resolutions
Attorney Huttl stated that council adopted Council Bill 2013-130 initiating the formation of an Economic Improvement District which set the public hearing for September 19, 2013. Staff requested this be reopened as the public hearing cannot be held September 19, 2013.
 
COUNCIL BILL 2013-130 An ordinance initiating the formation of an Economic Improvement District and setting a public hearing for September 19, 2013.
 
Motion:  Move to reopen Council Bill 2013-130
Moved by:  Bob Strosser                                                                  Seconded by:  John Michaels
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Motion carried and so ordered.
 
Motion:  Move to amend Council Bill 2013-130 by removing the date of the September 19, 2013 public hearing.
Moved by:  John Michaels                                                                Seconded by:  Bob Strosser
Roll call:  Councilmembers Blair, Bunn, Corcoran, Gordon, Matthews, Michaels, and Strosser voting yes.
Motion carried and so ordered.
        
140.   Further reports from the City Manager and staff
 a.   City Manager Swanson noted that there is a handout from the Planning Department pertaining to the launching of a new website on Medford’s history sponsored by the Landmarks and Historic Preservation Commission which was funded in part by a matching grant. He thanked the Planning Department for their work on this.
 
b.   Mr. Swanson stated that staff is moving forward regarding highway directional signs on I-5 pertaining to historic landmarks for downtown Medford. Combined with the work generated from the University of Oregon we hope to find more interest in our downtown area.
 
c.   Mr. Swanson stated that the Police Department was involved in finding a suspect due to a stabbing; a citizen reported this and we were able to catch the individual before he left the area. Councilmember Strosser, who has a prior law enforcement background, tipped the Police Department off on a separate incident.
 
d.   Mr. Swanson stated that next Thursday we will have a study session in Council Chambers pertaining to financing for the Police and Fire Department buildings.
 
e.   Mr. Swanson stated that business licenses will soon be handled at the Lausmann Annex counter. This will take place sometime in October.
 
f.    Mr. Swanson stated that the update on the Bureau of Indian Affairs will take a little more time; Smith West has requested to updateCouncil in approximately two weeks. Staff has requested a meeting with the Bureau of Indian Affairs but has not received that yet.
 
g.   Mr. Swanson stated that today we received notice that the Old East Neighborhood Association has filed an appeal to LUBA.
 
150.   Propositions and remarks from the Mayor and Councilmembers
 150.1    Further Council committee reports.
a.   Councilmember Strosser attended the Medford Water Commission meeting where the study session was on O&C lands. The Commission is concerned  with the purity of lands. Duff produced two million gallons of drinking water. Willow Lake is normal for this time of year as well as spring flow. He noted we have an ongoing issue with cities that are concerned with the rates that they pay as well as conservation. At this point the Water Commission has paid approximately $1.5 million dollars for Duff II. Councilmember Corcoran requested Councilmember Strosser explain the rate study to Council. Councilmember Strosser provided information on the rate study which was done to try to satisfy some of the comments that keep coming from some of those cities who are Water Commission customers. Councilmember Corcoran noted that the Water Commission is also interested in knowing if the other cities are still interested in receiving water from them; Councilmember Strosser noted this involved several reasons, such as treat and transport.
 
b.   Councilmember Blair attended the RVCOG meeting last week; the one main point that came out was from Commissioner Breidenthal pertaining to forest fires. Jackson County is requesting reports from us on how this affected us economically, such as sick days, etc. They want to take this compiled information to Washington, DC to show how fires affect our entire community. She requested help from staff to get Jackson County the information requested. City Manager Swanson stated that he would call Commissioner Breidenthal to verify what he is requesting.
 
c.   Councilmember Blair stated that in light of the heavy conversation pertaining to electric signs she suggested Council visit the new historical website and check out the neon-lite photo of East Main Street.
        
150.2    Further remarks from Mayor and Councilmembers.
a.   Councilmember Michaels stated that because he is in school and will has a class on Thursdays at 1 p.m. he is requesting input regarding him leaving Council meetings early.
 
b.   Councilmember Corcoran commented on the environment that Police Chief George and the Police Department have given and the trust that the public has with them.
 
c.   Councilmember Gordon reported that Council Officers met with Rogue Community College staff where discussion included items such as matching money, City appreciation of their presence in downtown Medford, and parking; City Manager Swanson stated that he will email what was covered.
 
160.   Adjournment
There being no further business, this Council meeting adjourned at 8:31 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 Spoonts, MMC
Deputy City Recorder
 


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