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Mayor & Council (View All)

City Council - Special Meeting

Thursday, August 13, 2015

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

10.    Roll Call

20.    Public Hearing
         20.1     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.    
30.    Adjournment

Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon

The special 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 Daniel Bunn, Chris Corcoran, Dick Gordon, Tim Jackle, Kevin Stine, Michael Zarosinski
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; City Recorder Karen Spoonts
Councilmembers Clay Bearnson and Eli Matthews were absent.
20.    Public Hearing
20.1     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. 
Mayor Wheeler noted that we will continue with the public hearing and have the same recusal from Councilmembers Daniel Bunn and Chris Corcoran. He noted that we will continue with where we left off at with MD-5. Principal Planner John Adam stated that additional information has been received and is at Councilís places.  He indicated he would be on hand to help out with presentation technical issues. 
Public hearing continued.
Councilmember Dan Bunn recused himself from the meeting under provisions of ORS 244. Councilmember Chris Corcoran recused himself from the meeting also. Commissioner Tim Jackle noted that he missed the last meeting but did watch the video in its entirety and is ready to participate.
  1. Janice Watson, 3501 Shamrock Drive, supported a fully implemented connected park, access to the park, pathways and trails.She submitted her letter and maps into the record. 
  2. Mike Mahar, Jr., 815 Alder Creek Drive, stated that he runs Mahar Homes components of construction for the Southeast Plan. The continuation of MD-5 is something that works and requested Council keep that fact in consideration as you deliberate on this UGB expansion.He presented two items to be entered into the record. 
  3. John Hanson, Attorney, 800 W. 8th Street, represented land owners who are already in the UGB, the Hall family, the Weiler family; Monitor Orchards and the Young Family Trust. These people have waited for 20 years for services that were promised to them. He noted there is a legal commitment to give them top priority. He noted that they also have an interest in this by land they own in this area as well. Councilmember Gordon noted that he is not alone and commented about the issues that he went through; he stated he would like to provide services to those that were promised. 
  4. Helene Lulich, 2640 Roberts Road, supported MD-5 and feels it is time for the completion of Chrissy Park. 
  5. Rick Hutchins, 735 N. Phoenix Road, supported MD-5 as well as the vibrancy of Medford. He noted we would have a unique opportunity to support the trails to Chrissy and Prescott Park. 
  6. Brad Cook, 1036 Queen Anne, supported MD-5 and the trails, bike paths, and accessibility to Prescott and Chrissy Park and the connectivity to the Greenway. 
  7. Dyan Lane, 417 Stanford Avenue, supported MD-5 for the trails, bike paths, and accessibility to Prescott and Chrissy Park and the connectivity to the Greenway.She submitted a letter into the record. 
  8. John Chmelir, 622 Fernwood Drive, Civil Engineer, builder and developer.He supported MD-5 and appreciated the Mahar development. He noted that they have a personal interest in this as they will build a new house in Summerfield. 
  9. Larry Cogdell, 4812 Oakleaf Pass Drive, noted that there is a trail system within the MD-5 which is called Cherry Lane. He supported MD-5. 
  10. Jeff Britton, Central Point Police Officer, Bike Safety Officer and Instructor, 954 Highbury Drive, supported MD-5 and having an extension to Chrissy Park is ideal. 
  11. Dr. Roger Hall, 3541 Princeton Way, supported MD-5 and noted that this would enhance the livability of Medford.He submitted a copy of his map into the record. 
  12. Randy Jones, 815 Alder Creek Drive, partner at Mahar Homes, defended their area and submitted a letter from their attorney supporting this. He provided photos of cottage houses and standard houses (not estate houses). He stated he wanted to answer Councilmember Gordonís questions that he had called him about and provided a map of service commercial, school/park, minor arterial and that much of the land will be unbuildable for them. Councilmember Gordon noted that he had called him about making Cherry Lane much safer and would have to use some acreage that the Planning Commission did not include in the potential UGB. He would like that reviewed and traffic issues. Mr. Jones noted that they have the capacity and knowledge to do that.He submitted a letter from their land use attorney into the record. 
  13. Darlene Hansen, 5500 Hillcrest Road, representing neighbors to the north, Lee Harker and Steve Switzer, and stated she is the trustee of Chrissy Park. She commented on the stipulations with the donation of Chrissy Park. Part 1 of the park with the Medford Water Commission has been completed and thought that their property should be included as well. She submitted for the record a letter from ODF&W pertaining to wildlife. She met with CSA Planning to have their property included in the UGB. Her proposal was given to the Planning Commission. She thought all of the major players were being addressed and limiting others. She also submitted additional materials into the record.Councilmember Gordon questioned the number of acres; she noted it was just over 97 acres but only 70 acres are developable. He questioned how the property would be used; Ms. Hanson noted that it would be a mix of housing, including trails. 
  14. Craig Stone, 4497 Brownridge, supported MD-5. Sixty percent of Mahar lands will be used for housing. He noted that the Mahar and Hansen property scores high. Councilmember Jackle questioned the proposed reconciliation for the service providers; Mr. Stone noted that the scoring needs to be updated by staff with the new evidence provided. Mr. Jackle stated that his past comments stated that there were several fatal flaws and questioned what they were; Mr. Stone noted that he would not provide that information.
  1. Matt Sekreta, 118 South Stage Road, expressed concern with the addition of MD-6. He has a well and is concerned with the leakage that could seep in his well; he also was concerned with the local wetland inventory which would be included in MD-6. Councilmember Stine questioned his well comments.Councilmember Zarosinski questioned if he wanted to be in the UGB; Mr. Sikrada wanted it to stay the way it is. 
  2. Elena Broadway, 2400 Starlight Lane, submitted a petition and stated she canvased the area and received signatures from most owners who signed a petition to stay in the urban reserve and not be included in the UGB. They have great soil and stated that the City should include MD-5 where the soil is not as good. She does not support the inclusion of MD-6 into the UGB. 
  3. Robert Broadway, 2400 Starlite Lane, stated that MD-6 is in the reserve. He stated the rules pertaining to annexation and this would not exist as most homeowners do not want to be included in the City.He does not support the inclusion of MD-6 into the UGB. 
  4. Clark Stevens, 100 East Main Street, Richard Stevens & Associates, representing a portion of MD-6, Exhibit M, provided justification of why this should be included. There would be industrial and commercial future projects, with no residential planned. He provided information on the marks received and this would be 100% employment land. They do have a plan for a delineation for the wetlands. They believed the scoring was properly done.He supports the inclusion of MD-6 into the UGB. 
  5. Mark Bartholomew, Attorney, 717 Murphy Road, stated that he represents the property owners as mentioned by Clark Stevens. He spoke about the letters presented by the property owners who were not for the UGB of MD-6.He is in full support of MD-6 being included in the UGB. 
  6. Mike Malepsy, 36 Meadow Lane, Shady Cove, supports including MD-6 and noted that it is not good farmland and that this would provide another access into Harry & David. There are not a lot of commercial properties and this would add to that. 
  1. Amy Gunter, 1424 S. Ivy, representing north and mid MD-7, supported inclusion of MD-7 into the UGB. 
  2. Mike Naumes, 2 W. Barnett Road, noted that he has property in MD-7 (56.57 acres) and requested that Council approve the Planning Commissionís recommendation for MD-7. He noted there is a great need for affordable housing and this offers mixed used, parks and will include a donation of land to Kids Unlimited. A future fire station is included as well. 
  3. Eric Stark, Attorney, 100 E. Main, represents Diana Dawson, (Tax Lot 2400) property owner in MD-7 north, and requested to be included in the UGB expansion as well as looking at the swapping of zoning from general commercial vs. service commercial for this piece of property. 
  4. Mark Knox, Urban Development Services, 321 West Main Street, represents MD-7 & 8, noted that these areas are well suited to provide the kinds of mixed-use/walkable neighborhoods required by the Regional Plan and to help provide needed affordable housing. He noted there is a residential area in Ashland that is similar to this.He requested approval of MD-7 and MD-8 into the UGB expansion.
Mayor Wheeler declared a recess at 8:59 p.m.

Council reconvened to the Evening Session at 9:16 p.m. with same members present.
  1. Tom Cole, Executive Director of Kids Unlimited, stated that he is representing the 1500 children they serve weekly.He remarked that they are an advocate for MD-7 as they are included in their plan. 
  2. Laz Ayala, 132 W. Main Street, Suite 202, stated that he is here representing MD-7 and MD-8 and noted that the Planning Commission and staff recommended this area. He noted these two areas provide affordable housing.He is submitting letters and testimony into the record. He fully supports the inclusion of MD-7 and MD-8 into the UGB expansion.Councilmember Gordon questioned his thoughts of building affordable housing with the photos he had shown. 
  3. Robert Boggess, Naumes, Inc., 2 W. Barnett, stated that the photos put on the conceptual plan were just added as a cover sheet and not intended to represent the houses that would be built He supports inclusion of MD-7 into the UGB expansion.
MD-8     Note (included in testimony of MD-7). 
  1. Tim Cummings, 753 Oak Grove, agreed with the Planning Commission of including MD-9 into the UGB. His property on three sides is surrounded by UGB. He noted this is an affordable housing area.He supports the inclusion of MD-9 into the UGB. 
  2. Ray White, 4017 West Main Street, also representing his two brothers, Bill and Tom, who own 24 acres in the south section of MD-9.They would like this property included in the UGB. The neighbors have developed a plan for development that will revitalize the area. 
  3. Tom Dobson, 1121 Progress Drive, expressed his support of MD-9 being included in the UGB. He noted this area is great for the first time homebuyer. 
  4. Joe Brooks, 2704 Stearns Way, supports MD-9 north being included in the UGB. He stated he was fascinated with Councilmember Gordonís comments pertaining to being included in the UGB.
General Comments
  1. Caren Caldwill, Associated Minister at Medford Congregational United Church of Christ, thanked Council for holding the hearings. She represents the Green Ministry Team of their church. They support the use of mixed use development. They recommended 1) before developing new property promote infill 2) provide diverse housing needs (33% of Medford is low income) 3) support neighborhood designs that provide diverse transportation plans. 
  2. Teddie Hight, 1848 Woodlawn Drive, stated that one-third of millenials are not interested in buying their own home or driving a car and are the biggest drive of the workforce. She stated that we need affordable housing.
  3. Greg Holmes, 1000 Friends of Oregon, Box 2422, Grants Pass, stated that he did not envy Council on their decision. The bottom line is to make Medford a better place to live. He commented on the flaws mentioned and appeals in other cities but he noted that they are in appeals for other reasons as they must be in the urban reserve and the number of acres and as long as Medford stays in that area they are safe. He noted you are not required to take MD-4 as an attorney previously mentioned. 
Motion:  Motion to extend the meeting to 10:25 p.m.
Moved by:    Kevin Stine                                             Seconded by:  Dick Gordon
Roll Call:  Councilmembers Bunn, Corcoran, Gordon, Jackle, Stine, Zarosinski voting yes.
Mayor Wheeler appreciated both Councilmembers who are sitting in the audience to form our quorum.
Greg Holmes continued. Staff has done a fundamentally sound job. Some findings could be supported further. Councilmember Gordon had previously asked if it would cost money to bring the property in. He noted that developers pay SDCs which can be collected for five things. SDCs cover most of the costs, not all. There are fire stations, schools, long term maintenance, etc. If you expand out and expand infrastructure you will need to raise costs. He asked that the written rebuttal remain open.
Councilmember Jackle questioned which of our findings needs to be beefed up; Mr. Holmes noted that if the record remains open he will provide that information. Councilmember Jackle questioned getting creative; Mr. Holmes noted that it had to do with the farm buffer areas needs have not been included as to land needs and they should be, such as the Hansen piece. It has to do with areas that homeowners wanted to add.
  1. Raul Woerner, 4497 Brownridge Terrace, submitted a letter pertaining to agricultural buffers.Buffer requirements are very specific and cannot be used for things such as parks and trails. Councilmember Jackle questioned what he meant by that; Mr. Woerner noted that this was not projected. Councilmember Gordon questioned conceptual plans and that we canít hold them into account. Councilmember Jackle questioned the document given and requested he present something that he can understand.
Mayor Wheeler remarked that we can leave the record open for written record. The letter sent to the property owners state that Council would take the public hearing to August 20, 2015. John Adam will write up the responses to what they have heard; it will be up to Council to decide. They would need some time to address issues brought forth.  Mayor Wheeler noted that the letter also said August 27. Staff noted that it was to keep it open, if necessary.
Public hearing continued.
Motion:  Move to continue the hearing to the evening meeting of August 20, 2015.
Moved by:  Dick Gordon                                             Seconded by:  Tim Jackle
Roll call: Councilmembers Gordon, Jackle, Stine, Zarosinski voting yes.  Councilmembers Bunn and Corcoran abstaining.
Motion carried and so ordered. 
John Adam indicated they would start writing up some of the responses to the testimony weíve heard challenging some of the process, some of the things weíve had, and of course, it is up to the City Council to decide when the boundary is ultimately decided on, what the rationaleís were that swayed them to make their decision and that will help us to bolster the findings as well.  He further stated they would need some time to fully respond to these. 
Mayor Wheeler indicated that the letter also stated the record will be left open until August 27, 2015. 
30.    Adjournment
         The meeting adjourned at 10:29 p.m.
The proceedings of the City Council meeting were recorded and are filed in the City Recorderís office. The complete agenda of this meeting is filed in the City Recorderís office.
Karen M. Spoonts, MMC
City Recorder

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