Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, May 17, 2018

AGENDA
May 17, 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 of the Quarter
 
         20.2     Employee Recognition
 
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     Oregon Department of Transportation update
 
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     Consideration of an appeal of an administrative decision regarding the sidewalk and curb ramp fronting Wolf Run Drive and Eagle Trace Drive.
 
50.    Approval or Correction of the Minutes of the May 3, 2018 Regular Meeting
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-41 An ordinance awarding a contract in an amount of $1.68 per transaction to Paymentus Corporation for merchant services associated with utility billing payments.
 
         60.2     COUNCIL BILL 2018-42 An ordinance awarding a contract in an amount of $452,519.00 to RH2 Engineering to design the Oregon Hills Detention and Water Quality Facility.
 
         60.3     COUNCIL BILL 2018-43 An ordinance awarding a contract in an amount of $797,875.00 to James W. Fowler Co. to perform methane gas piping and flare system improvements at the Regional Water Reclamation Facility.
 
         60.4     COUNCIL BILL 2018-44 An ordinance awarding a contract in an amount of $137,210.00 to Bleser Built Roofing for the replacement of the Lausmann Annex roof.
 
         60.5     COUNCIL BILL 2018-45 An ordinance authorizing the purchase of 4.71 acres of land in an amount of $17,031.50 from the Medford Parks and Recreation Foundation for the development of Village Center Park.
 
         60.6     COUNCIL BILL 2018-46 An ordinance authorizing execution of an Intergovernmental Agreement with Jackson County Fire District 3 for automatic aid response planning.
 
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-47 An ordinance amending section 2.117 of the Medford Municipal Code pertaining to nomination requirements for City Council and Mayoral elections.
 
         80.2     COUNCIL BILL 2018-48 An ordinance awarding a one year contract in an amount of $298,200.00 to Kosmatka, Donnelly & Piels, LLP to assist with risk advisory and financial support services.
 
         80.3     COUNCIL BILL 2018-49 An ordinance awarding a two year contract in an amount not to exceed $132,000.00 to Moss Adams LLP to perform annual audits and to prepare annual financial statements for the City of Medford and Medford Urban Renewal Agency, with two two-year renewal options.
 
         80.4     COUNCIL BILL 2018-50 An ordinance authorizing the execution of an Agreement granting Neighborhood Stabilization Program 1 funds in the amount of $259,450.00 to Rogue Valley Habitat for Humanity for acquisition and rehabilitation of a foreclosed home at 3024 Timothy Avenue in the City of Medford.
 
90.    Council Business
         90.1     Proclamations issued:
                        Kids to Parks Day – May 19, 2018
                        National Public Works Week – May 20–26, 2018
 
         90.2     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   San Francisco Giants Community Fund Award
 
         100.2   Foreclosure Sale and Interest on Assessments update
 
         100.3   Further reports from City Manager
 
110.  Adjournment

MINUTES
May 17, 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 (arrived at 6:05 p.m.), Tim D’Alessandro, Dick Gordon, Tim Jackle, Kevin Stine, Kim Wallan, Michael Zarosinski.
 
City Manager Brian Sjothun; Deputy City Manager Kelly Madding; Deputy City Attorney Eric Mitton; City Recorder Karen Spoonts
 
20.    Recognitions, Community Group Reports
Out of sequence
 
         20.2     Employee Recognition
                     Employees from Fire, Municipal Court, Police, and Technology Services were recognized.
 
Back in sequence
 
         20.1     Employee of the Quarter
Technology Services Project Manager Barbara Madruga was recognized as the Employee of the Quarter.
 
30.    Oral Requests and Communications from the Audience
         Mayor Gary Wheeler addressed the recent KKK recruitment flyers that were distributed, stated that this was discussed on January 19, 2017 where Resolution #2017-06 was approved. He then proceeded to read the resolution.
 
         30.1     Oregon Department of Transportation update
                     Gary Leaming presented an update of ODOT projects.
 
         30.2     Marisso Grasso, Heidi Smith, and Regina Davis spoke about chickens. Ms. Grasso presented 200 signatures requesting the appeal of Ordinance 5.555.
 
         30.3     Jil Young, at the suggestion of Judge Haberlach, requested a neighbor be considered a nuisance due to continuous ongoing noise.
 
         30.4     Amy Drake, Dasja Dolan, Michelle Blum Atkinson, Maria Gerolaga, Salvador Gerolaga, Dagoberto Duran and Mohammad Zamani spoke about the KKK flyers and hate in neighborhoods and our city.
 
         30.5     Diana Kontona, Willie Johnson, and Anette Young spoke on the homeless situation.
 
         30.6     Andrew Wilson, Zach Kohler, and Brenna Moore spoke regarding Medford Code 10.839 pertaining to home delivery of marijuana.
 
         30.7     Robert Shand, thanked Council for various items, including not increasing the utility fees.
 
         30.8     David Hawkins, Howiees on Front, spoke about a sign permit he previously applied for and requested to use it now.
 
         30.9     Dan Ebert, Central Art Supply, spoke about his appeal of last year and the issue with the tree removal/permit application. City Manager Brian Sjothun noted the Streetscape Standard has been approved and suggested he work with Adam Airoldi, City Arborist. Councilmember Jackle stated he can assist Mr. Ebert file in filing an exception application.
 
Mayor Wheeler called a 10 minute recess at 7:23 p.m.; the meeting reconvened at 7:34 p.m. with the same members present except Councilmember Brooks
 
40.    Public Hearings
40.1     Consideration of an appeal of an administrative decision regarding the sidewalk and curb ramp fronting Wolf Run Drive and Eagle Trace Drive.
 
Deputy City Attorney Eric Mitton presented the staff reported and stated:
  • The corporation has been dissolved and has never been reactivated
  • Jackson County records show the property owner is Meadows at Creekwood Home Owners Association
  • Secretary of State records show that Dr. Young, who previously owned the property, is both the incorporator and registered agent of that entity
  • The homeowners association (HOA) was administratively dissolved in September of 2017
  • The sidewalk has yet to be repaired
 
Public hearing opened.
 
Dr. David Young, states:
  • The HOA was established in April 2006 and appears on the title for each person’s lot
  • Bylaws were presented to the homeowners
  • Even though the registration was not renewed with the State, the corporation still exists
  • There are other ongoing expenses, such as mowing and watering the park strip on Hillcrest
  • The CC&Rs are not being followed
  • He does not believe he is the owner of the property
 
Councilmember Brooks returned.
 
Council questioned:
  • When was the turnover meeting
  • The notice of defective sidewalk letters was sent March 15, 2017; what was the status of the HOA at that time
  • The deed was turned over in February 2017
  • Sidewalk was built in 2006/2007
 
Ed Talmadge, Attorney, remarked:
  • There was a minor mistake that we held the turnover meeting sometime in 2016
  • Documents filed with the Secretary of State’s office in July of 2016
  • The homeowners wanted additional documents regarding the HOA and he suggested they contact Attorney Sydnee Dryer
  • He does not dispute the sidewalk needs to be repaired
 
Council questioned:
  • Was a reserve study done when the HOA was created (Appellant stated that he did everything asked by the City but a reserve was not created because of the recession)
  • Council noted that the reserve study is a requirement of the State
  • Management of the HOA; who has control of it
  • Number of lots is 22; (some of those sales were induced by a promise to not require certain HOA responsibilities)
  • Minutes of the turnover meeting (none were taken)
  • No fees have gone into the HOA; it is more akin to vaporware (there are such things as unincorporated HOA’s)
  • Ongoing maintenance done by Dr. Young is evidence of ownership
  • What is declared when purchasing property in that development (title report and CC&R’s)
 
Public hearing closed.
 
                   Staff reported:
  • Jackson County shows property owned by Dr. Young prior to ownership by “Meadows at Creekwood Home Owners Association”
  • Statutory safe harbor for dissolved HOAs does not apply when no board of directors was ever established
 
                               Council discussed:
  • Individual recovery of the cost
  • Cost to repair sidewalk (staff provided a non-binding estimate of approximately $10,000)
  • Notice requirements (this is not a land use hearing although those with standing and who filed the second appeal were noticed)
 
Public hearing reopened.
 
                   Final remarks:
  • Common ground was given to the association
  • Due diligence was given
  • Dr. Young could assess HOA
  • Homeowners could appeal
 
Public hearing closed.
 
Mayor Wheeler remarked on whether this does go to the court, Dr. Young could place a lien on the homeowner’s property.
 
Motion:  Deny the appeal of an administrative decision regarding the sidewalk and curb ramp fronting Wolf Run Drive and Eagle Trace Drive
Moved by:  Tim Jackle                                                       Seconded by:  Dick Gordon
 
Councilmember Zarosinski stated he has a conflict and will not be voting.
 
Roll call:  Councilmembers Brooks, Gordon, Jackle, Stine voting yes; Bearnson, D’Alessandro, and Wallan voting no; Zarosinski abstained.
Motion carried and so ordered.
 
50.    Approval or Correction of the Minutes of the May 3, 2018 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
Mr. Talmadge requested clarification on the motion. Councilmember Jackle noted the motion was intended to invoke personal liability; Councilmember Gordon agreed.
 
60.    Consent Calendar
         60.1     COUNCIL BILL 2018-41 An ordinance awarding a contract in an amount of $1.68 per transaction to Paymentus Corporation for merchant services associated with utility billing payments.
 
         60.2     COUNCIL BILL 2018-42 An ordinance awarding a contract in an amount of $452,519.00 to RH2 Engineering to design the Oregon Hills Detention and Water Quality Facility.
 
         60.3     COUNCIL BILL 2018-43 An ordinance awarding a contract in an amount of $797,875.00 to James W. Fowler Co. to perform methane gas piping and flare system improvements at the Regional Water Reclamation Facility.
 
         60.4     COUNCIL BILL 2018-44 An ordinance awarding a contract in an amount of $137,210.00 to Bleser Built Roofing for the replacement of the Lausmann Annex roof.
 
         60.5     COUNCIL BILL 2018-45 An ordinance authorizing the purchase of 4.71 acres of land in an amount of $17,031.50 from the Medford Parks and Recreation Foundation for the development of Village Center Park.
 
Councilmember Zarosinski stated he would abstain from 60.5 and requested item 60.6 be removed from the Consent Calendar.
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                      Seconded by:  Kim Wallan
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Zarosinski abstained from 60.5.
Motion carried and so ordered.  Council Bills approved: #2018-41, 2018-42, 2018-43, 2018-44, 2018-45
 
70.    Items Removed from Consent Calendar
         60.6     COUNCIL BILL 2018-46 An ordinance authorizing execution of an Intergovernmental Agreement with Jackson County Fire District 3 for automatic aid response planning.
 
                     Councilmember Zarosinski requested this item be continued to the next meeting June 7.
 
Motion:  Continue Council Bill 2018-46 to the June 7 City Council meeting
Moved by:  Michael Zarosinski                                           Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.
 
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-47 An ordinance amending section 2.117 of the Medford Municipal Code pertaining to nomination requirements for City Council and Mayoral elections.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                                 Seconded by:  Kay Brooks
 
Councilmember Wallan questioned revisions to the ordinance; staff provided clarification.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-47 was duly adopted.
 
         80.2     COUNCIL BILL 2018-48 An ordinance awarding a one year contract in an amount of $298,200.00 to Kosmatka, Donnelly & Piels, LLP to assist with risk advisory and financial support services.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                            Seconded by:  Kim Wallan
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-48 was duly adopted.
 
         80.3     COUNCIL BILL 2018-49 An ordinance awarding a two year contract in an amount not to exceed $132,000.00 to Moss Adams LLP to perform annual audits and to prepare annual financial statements for the City of Medford and Medford Urban Renewal Agency, with two two-year renewal options.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                                 Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-49 was duly adopted.
 
         80.4     COUNCIL BILL 2018-50 An ordinance authorizing the execution of an Agreement granting Neighborhood Stabilization Program 1 funds in the amount of $259,450.00 to Rogue Valley Habitat for Humanity for acquisition and rehabilitation of a foreclosed home at 3024 Timothy Avenue in the City of Medford.
 
Motion:  Approve the ordinance.
Moved by:  Clay Bearnson                                                 Seconded by:  Kay Brooks
 
Councilmember Stine questioned where the $34,500 money comes from; Principal Planner Angela Durant stated this is rehab money and the money will be reimbursed from Oregon Housing & Community Services Neighborhood Stabilization Program. Councilmember Zarosinski stated he would abstain.
 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan; Zarosinski abstained.
Ordinance #2018-50 was duly adopted.

 
90.    Council Business
         90.1     Proclamations issued:
                        Kids to Parks Day – May 19, 2018
                        National Public Works Week – May 20–26, 2018
 
         90.2     Committee Reports and Communications
                     a.   Councilmember Zarosinski questioned if there were any objections to providing notification to the public of Council’s inclusivity resolution from last year; Council agreed to add a statement and the resolution to our website and issue a press release.
 
                     b.   Pertaining to Dan Ebert’s comments earlier, Councilmember Zarosinski requested Council’s input. Councilmember Bearnson suggested metal tree art. Councilmember Jackle would help him with an exception application. Mr. Sjothun stated staff will reach out to him.
 
100.  City Manager and Staff Reports
Mr. Sjothun wished Deputy City Manager Kelly Madding a happy birthday. He introduced Ryan Martin, our newly hired CFO. Mr. Martin will start in his new position in June.
 
         100.1   San Francisco Giants Community Fund Award
Parks and Recreation Director Rich Rosenthal presented the San Francisco Giants Community Fund Award.
 
         100.2   Foreclosure Sale and Interest on Assessments update
Mr. Sjothun stated he appreciated the comments received from Council pertaining to Netassets and staff will review the process.
 
         100.3   Further reports from City Manager
                     a.   Mr. Sjothun noted the Ride with the Leaders Event is tomorrow.
 
110.  Adjournment
There being no further business, this Council meeting adjourned at 9:49 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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