Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, February 15, 2018

 
February 15, 2018

6:00 p.m.
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon

  
10.    Roll Call
 
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
 
         20.2     Quarterly Economic Development update from SOREDI by Colleen Padilla
 
30.    Oral Requests and Communications from the Audience
         Comments will be limited to 4 minutes per individual, group or organization.  PLEASE SIGN IN.
 
         30.1    MWC Quarterly Report by General Manager Brad Taylor
 
40.    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 4 minutes. PLEASE SIGN IN.
 
40.1   COUNCIL BILL 2018-10 – CONTINUED -  An ordinance proclaiming annexation to the City of Medford of an approximately 2.98 acre parcel, including an adjacent right-of-way located on the north side of East Vilas Road, and approximately 4,900 feet west of Crater Lake Highway, and concurrent zone change from County LI (Light Industrial) to City I-L (Light Industrial) and designated within the Limited Industrial Overlay District (I-00), and withdrawal of said property from Medford Rural Fire Protection District #3, effective pursuant to State Law. (A-17-105) Land Use, Quasi-Judicial
 
         40.2   COUNCIL BILL 2018-14 An ordinance vacating an approximately 50 foot wide strip of public right-of-way, being a portion of Evergreen Street, running north-south from West Third Street to West Fourth Street, 300 feet in length. (SV-17-106) Land Use, Quasi-Judicial
 
         40.3   COUNCIL BILL 2018-15 An ordinance adopting an Affordable Housing Construction Excise Tax, related administrative regulations, and establishing new Medford Municipal Code sections 9.280 through 9.295, to be effective after the Department of Land Conservation and Development or the Land Conservation and Development Commission acknowledges the City’s proposed Urban Growth Boundary amendment. Legislative
 
50.    Approval or Correction of the Minutes of the February 1, 2018 Regular Meeting
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-16 A resolution authorizing the City of Medford Parks, Recreation, and Facilities Department to apply for a Local Government Grant in the amount of $491,000 from the Oregon Parks and Recreation Department for Cedar Links Park development.
 
         60.2     COUNCIL BILL 2018-17 A resolution authorizing the City of Medford Parks, Recreation, and Facilities Department to apply for a Local Government Grant in the amount of $69,100 from the Oregon Parks and Recreation Department for development assistance with the Bear Creek Community Playground replacement project.
 
         60.3     COUNCIL BILL 2018-18 An ordinance amending sections 5.120, 5.350, 5.365, 5.370, 5.380, 5.385, 5.390, 5.990 and adding sections 5.720 and 5.725 of the Medford Municipal Code to provide consistency with and implement new state laws.
 
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-19 An ordinance authorizing termination and release of a utility easement granted by the City to Southern Oregon Friends of Hospice and granting utility, sewer, and gas line easements.
 
         80.2     COUNCIL BILL 2018-20 An ordinance awarding a contract in an amount of $230,480 to Vitus Construction for remodeling of the Public Works Department at the Service Center.
 
         80.3     COUNCIL BILL 2018-21 An ordinance amending section 3.470 of the Medford Municipal Code pertaining to interest on assessments.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   Medford Housing Advisory Committee Housing Strategies Recommendations and Estimated Timelines – Matt Brinkley
 
         100.2   Housing Advisory Committee Recommendations Regarding Establishing a Permanent Housing Committee and a System Development Charges Deferral Program – Matt Brinkley
 
         100.3   Further reports from City Manager
 
110.  Adjournment
 
 
 
MINUTES
February 15, 2018

6:00 p.m.
Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon

The regular meeting of the Medford City Council was called to order at 6:00 p.m. in the Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Kay Brooks*, Tim D’Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski (*left as noted)
 
City Manager Brian Sjothun; Deputy City Manager Kelly Madding; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
20.    Recognitions, Community Group Reports
         20.1     Employee Recognition
Employees from Municipal Court, Fire, and Police were recognized for their years of service.
 
         20.2     Quarterly Economic Development update from SOREDI by Colleen Padilla
                     Colleen Padilla presented the SOREDI quarterly report.
 
30.    Oral Requests and Communications from the Audience
         30.1    Medford Water Commission (MWC) Quarterly Report by General Manager Brad Taylor
MWC General Manager Brad Taylor presented the quarterly report and noted rates will be increasing.
 
         30.2    Robert Boggess, representing Naumes, supported a permanent housing committee.
 
         30.3    Sue Riches, Medford, supports livability in this community and noted her concerns regarding the area’s homeless.
 
         30.4    Shane Johnson, representing Hayden Homes, stated his support for Agenda Items 100.1 and 100.2. He also noted a veterans’ home that they are rebuilding and expressed appreciation for the staff.
 
         30.5    Brad Bennington, Homebuilders Association, supported the SDC deferral program.
 
         30.6    Murray Richmond, 418 King Street, was pleased the City is addressing the homeless issue.
 
         30.7    Kelli Salnardi, representing San George Estates, expressed concern regarding the increase of traffic for South Stage Road.
 
         30.8    Mike Montero, 4497 Brownridge Terrace, supported the SDC deferral.
 
         30.9    Ira Edwards, 845 W. 12th Street, supported the affordable housing ordinance and noted we do not have proper mental health support.
 
         30.10  Randy Jones, Mahar Homes and a member of the Affordable Housing Committee, urged Council to support 100.1 and 100.2 as well as the construction excise tax.
 
         30.11  Bob Shand, 406 Beatty Street, expressed support for Liberty Park and requested a name change to Liberty Park Village.  He also questioned the outcome of the open house in that area.
 
         30.12  The following people spoke in support of affordable housing:
                         David Beale, 10 S. Groveland Avenue
                         Tom Fisher, board member of Rogue Retreat and a local realtor
                         Patrick Kelly, 727 W. 4th Street
 
40.    Public Hearings
40.1   COUNCIL BILL 2018-10 – CONTINUED -  An ordinance proclaiming annexation to the City of Medford of an approximately 2.98 acre parcel, including an adjacent right-of-way located on the north side of East Vilas Road, and approximately 4,900 feet west of Crater Lake Highway, and concurrent zone change from County LI (Light Industrial) to City I-L (Light Industrial) and designated within the Limited Industrial Overlay District (I-00), and withdrawal of said property from Medford Rural Fire Protection District #3, effective pursuant to State Law. (A-17-105) Land Use, Quasi-Judicial
 
                   Planning Director Matt Brinkley presented the staff report.
 
*Councilmember Brooks left and returned.
 
Public hearing opened.
         No one spoke.               
Public hearing closed.
 
Motion:  Adopt the ordinance.
Moved by:  Kevin Stine                                                    Seconded by:  Tim D’Alessandro
 
Councilmember Brooks noted a conflict of interest and will abstain.
 
Roll call:  Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Councilmember Brooks abstaining.
Ordinance 2018-10 was duly adopted.
 
         40.2   COUNCIL BILL 2018-14 An ordinance vacating an approximately 50 foot wide strip of public right-of-way, being a portion of Evergreen Street, running north-south from West Third Street to West Fourth Street, 300 feet in length. (SV-17-106) Land Use, Quasi-Judicial
 
                   Assistant Planning Director Kelly Akin presented the staff report. Council discussed the need for a footpath. Historically, if the City vacates property it reverts to the adjoining property owner. Further discussion on the Downtown 2050 Plan and possibly looking at that Plan for the Transportation System Plan.
 
Public hearing opened.
 
Ken Ogden, representing the applicant, spoke about the area design and stated they are willing to have an easement for a pedestrian path.
 
Mr. Ogden agreed to enter into a binding agreement for the easement.  They have no intention to sell the property and Mr. Ogden stated if they lost part of the property to the railroad, they would still want to move forward.
 
Public hearing closed.
 
Ms. Akin noted that the City would not be able to improve Evergreen because of the proximity to the railroad line.  Council voiced concerns regarding whether the property would be vacated to the railroad or the applicant.
 
Motion:  Adopt the ordinance authorizing the vacation of a portion of Evergreen Street; said portion shall be that which is returned to the property to the west, with the following conditions:
 
1.   Provide a deed restriction in a form satisfactory to the City Attorney, reserving six parking spaces for public use with the location to be determined at the time of development.  The Site Plan and Architectural Commission shall be the approving authority for the location.  The deed restriction shall be recorded and returned to the Planning Department prior to the recordation of the vacation ordinance.
 
2.   A bicycle and pedestrian easement shall be reserved over the vacated area.  The easement shall be sufficient in size to accommodate a 12 foot wide multi-use path, with the exact location determined at the time it is constructed.
 
Construction of both the parking spaces and the multi-use path shall be completed by the property owner with the development of the area subject to a review by the Site Plan and Architectural Commission.
 
Moved by:  Michael Zarosinski                                         Seconded by:  Dick Gordon
 
Councilmember Jackle questioned whether there was a “deed restriction” on City vacations; Ms. Cooper noted that vacations can have conditions.  Council discussed vacating the entire right-of-way.
 
            Mayor Wheeler declared a recess at 8:15 p.m.
 
* * * * * * * * * * * * * * * * * * * * * * * * *
 
            City Council reconvened at 8:25 p.m. with the same members present.
 
Ms. Cooper suggested this item continue to March 1, 2018 to allow clarification on the vacation.
 
Motion:  Continue to March 1, 2018.
Moved by:  Clay Bearnson                                               Seconded by:  Tim D’Alessandro
Roll call:  Council unanimously approved.
Motion carried and so ordered.
 
         40.3   COUNCIL BILL 2018-15 An ordinance adopting an Affordable Housing Construction Excise Tax, related administrative regulations, and establishing new Medford Municipal Code sections 9.280 through 9.295, to be effective after the Department of Land Conservation and Development or the Land Conservation and Development Commission acknowledges the City’s proposed Urban Growth Boundary amendment. Legislative
                   
Planning Director Matt Brinkley presented the staff report noting area incomes, housing expenses, and the history of this issue. 
 
Public hearing opened.
 
Robert Boggess, representing Naumes, spoke in support of the Construction Excise Tax (CET) and the UGB.
 
Daniel Bunn, representing ACCESS, stated if the ordinance is adopted they would spend their portion with grants for those purchasing a home.
 
Shane Johnson, Hayden Homes, stated the CET would increase the cost of the home and every $1000 added to a home’s price, removed 250 potential buyers.
 
Brent Hackwell, KOGAP, spoke against the CET as the fees are too high; requested they consider other options.
 
The following people spoke in support of the CET:
                 Liz James, representing AARP
                 Brad Bennington, Builders Association
                 Michelle Glass, Rogue Action Center
                 Jesse Sharpe, Community Alliance of Tenants
                 Mark Knox, Ashland
                 Laz Ayala, 604 Fair Oaks Court, Ashland
                 Randy Jones, Mahar Homes
 
Public hearing closed.
 
Motion:  Adopt the ordinance adopting Construction Excise Tax to promote affordable housing, effective upon the acknowledgement of the Urban Growth Boundary expansion application to the state with the following amendment to Section 9.294 regarding the effective date:
 
Sections 9.280 through 9.295 shall be effective upon acknowledgement of the City of Medford’s current proposed Urban Growth Boundary amendment by the Department of Land Conservation and Development, the Land Conservation and Development Commission, or any other government entity having jurisdiction over the City of Medford’s current proposed Urban Growth Boundary amendment.  The term “acknowledgement” means the final, unappealable approval of the City’s current proposed Urban Growth Boundary amendment, without condition, restriction, amendment or modification of any kind.
 
Moved by:  Tim Jackle                                                     Seconded by:  Tim D’Alessandro
 
Councilmember D’Alessandro noted the estimated funding should pay for four homes.
 
Motion: Revise the proposed ordinance to Omit 9.295, the sunset clause in lieu of a periodic review.
Moved by:  Clay Bearnson                                               Seconded by:  Kevin Stine
 
Council discussed whether they opposed a sunset clause.
 
Amendment Roll call:  Councilmembers Bearnson, Brooks, and Stine voting yes; Councilmembers D’Alessandro, Gordon, Jackle, Wallan, and Zarosinski voting no.
Motion failed.
 
Council discussed their reasons for supporting the motion.
 
Main motion roll call:  Council unanimously approved.
Ordinance 2018-15 was duly adopted.
 
50.    Approval or Correction of the Minutes of the February 1, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-16 A resolution authorizing the City of Medford Parks, Recreation, and Facilities Department to apply for a Local Government Grant in the amount of $491,000 from the Oregon Parks and Recreation Department for Cedar Links Park development.
 
         60.2     COUNCIL BILL 2018-17 A resolution authorizing the City of Medford Parks, Recreation, and Facilities Department to apply for a Local Government Grant in the amount of $69,100 from the Oregon Parks and Recreation Department for development assistance with the Bear Creek Community Playground replacement project.
 
         60.3     COUNCIL BILL 2018-18 An ordinance amending sections 5.120, 5.350, 5.365, 5.370, 5.380, 5.385, 5.390, 5.990 and adding sections 5.720 and 5.725 of the Medford Municipal Code to provide consistency with and implement new state laws.
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                    Seconded by:  Kim Wallan
Roll call:  Council unanimously approved. Motion carried and so ordered.  Council Bills approved: 2018-16, 2018-17 and 2018-18.     
 
70.    Items Removed from Consent Calendar
         None.
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-19 An ordinance authorizing termination and release of a utility easement granted by the City to Southern Oregon Friends of Hospice and granting utility, sewer, and gas line easements.
 
Motion:  Adopt the ordinance.
Moved by:  Kevin Stine                                                    Seconded by:  Clay Bearnson
Roll call:  Council unanimously approved.
Ordinance 2018-19 was duly adopted.
 
         80.2     COUNCIL BILL 2018-20 An ordinance awarding a contract in an amount of $230,480 to Vitus Construction for remodeling of the Public Works Department at the Service Center.
 
Motion:  Adopt the ordinance.
Moved by:  Kevin Stine                                                    Seconded by: Clay Bearnson
Roll call:  Council unanimously approved.
Ordinance 2018-20 was duly adopted.
 
         80.3     COUNCIL BILL 2018-21 An ordinance amending section 3.470 of the Medford Municipal Code pertaining to interest on assessments.
 
                     Ms. Cooper noted the interest rates for municipal liens and this permitted City Staff to initiate payment plans and to reduce the interest percentage rates. She also explained that staff could not find statutes or case law that municipal liens expired.  Councilmember Wallan requested more time to discuss the options.
 
Motion:  Continue Agenda Item 80.3 to the next regular meeting on March 1, 2018.
Moved by: Clay Bearnson                                                Seconded by:  Kim Wallan
Roll call:  Council unanimously approved.
Motion carried and so ordered.
 
90.    Council Business
         90.1     Proclamations issued: None
 
         90.2     Committee Reports and Communications
                     a.   Council would like to discuss including the County with the Continuum of Care.
 
100.  City Manager and Staff Reports
         100.1   Medford Housing Advisory Committee Housing Strategies Recommendations and Estimated Timelines – Matt Brinkley
                    
Motion:  Direct staff to move forward on the Medford Housing Advisory Committee housing strategies recommendations and estimated timelines.
Moved by:  Tim Jackle                                                     Seconded by:  Kim Wallan
 
Councilmembers spoke to the motion, noting their preference for separate committees for separate issues.
 
Roll call:  Council unanimously approved.
Motion carried and so ordered.
                    
         100.2   Housing Advisory Committee Recommendations Regarding Establishing a Permanent Housing Committee and a System Development Charges Deferral Program – Matt Brinkley
                    
Motion:  Direct Planning staff to work on establishing a permanent Housing Committee and a System Development Charges Deferral Program.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kay Brooks
 
Councilmembers Stine and Brooks spoke to the motion.
 
Roll call:  Council unanimously approved.
Motion carried and so ordered.
                    
         100.3   Further reports from City Manager
                     a.   City Manager Brian Sjothun thanked Randy Jones, staff, Council and the committee for their assistance and noted the Urban Growth Boundary amendment would be submitted in the morning.
 
                     b.   Mayor Wheeler noted the Medford Food Project’s Green Bag project collected 14.5 tons of food.
 
                     c.   There is a fundraising kickoff at Bear Creek Park next Monday at 4:00 p.m.
 
110.  Adjournment
There being no further business, the meeting adjourned at 10:02 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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