MINUTES OF THE REGULAR MEETING OF THE MEDFORD CITY COUNCIL

 March 3, 2005

 NOON SESSION

The regular meeting of the Medford City Council was called to order at 12:00 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 Jason Anderson(* Arrived); Greg Jones, Jim Key; Skip Knight; James Kuntz, Claudette Moore; John Statler;  Bob Strosser.

City Manager Michael Dyal; City Attorney Ron Doyle; City Recorder Glenda Owens

Introduction of McLoughlin Middle School Students of the Month for February
Joe Cramer, Assistant Vice Principal, updated council on school activities and introduced students of the month.

*Jason Anderson Arrived.

20. Approval or correction of the minutes of the February 17, 2005 regular meeting and the February 24, 2005, special meeting
 There being no additions or corrections, the minutes were approved as presented.

30. Oral requests and communications from the audience
 30.1 Steve Swartsley, 2949 Fairview Drive Medford, addressed council regarding Agenda Item 40.2 and questioned the process to file an appeal.  City Attorney Ron Doyle provided information regarding the appeal process.

 30.2 Rob Patridge, representing Rogue Valley Manor, informed council he was available to answer any questions regarding Agenda Item 60.1.

40. Consent calendar
 Councilmember Strosser requested Item 40.2 be removed.

 40.1 COUNCIL BILL 2005-32  Ordinance authorizing execution of a construction contract in the amount of $124,420.00 with Triad Mechanical for the Regional Water Reclamation Facility (RWRF) seismic upgrade project.

 40.3 COUNCIL BILL 2005-34  Ordinance authorizing execution of a Purchase and Sale Agreement in the amount of $221,371.50 from Lear Way Plaza, LLC for purchase of right-of-way needed for construction of Lear Way from the current terminus to Commerce Drive as part of the Lear Way Extension Project (P-1505).

Motion:  Adopt consent calendar.
Moved by:  Skip Knight Seconded by:  Claudette Moore
Roll call:  Councilmembers Anderson, Jones, Key, Knight, Kuntz, Moore, Statler and Strosser voting yes.
Motion carried and so ordered.  The following Council Bills were approved: # 2005-32 and 2005-34.   

50. Items removed from consent calendar
 40.2 COUNCIL BILL 2005-33  Ordinance approving reimbursement to the developer of excess Street SDC credits in the amount of $107,238.30 for construction of a collector street and arterial street for Herrin Estates Subdivision.
 
  City Attorney Ron Doyle recommended that the council move to postpone this item indefinitely.

Motion:  Postpone indefinitely Ordinance #2005-33.   
Moved by:  Bob Strosser Seconded by: Claudette Moore
Roll call:  Councilmembers Anderson, Jones, Key, Knight, Kuntz, Moore, Statler and Strosser voting yes.
Motion passed.

60. Ordinances and resolutions
 60.1 COUNCIL BILL 2005-35  Resolution of the City Council of the City of Medford, Oregon authorizing the approval of a Tax-Exempt Loan as approved by the Hospital Facilities Authority of the City of Medford, Oregon.

Motion:  Approve Resolution #2005-35.   
Moved by:  Skip Knight Seconded by:  Greg Jones

Councilmember Anderson noted his service on the Hospital Facilities Authority Board and requested council support this resolution.  Councilmember Key questioned how this would affect the city’s ability to bond in the future and City Attorney Ron Doyle noted that it would be counted towards the total annual maximum of indebtedness.

Roll call:  Councilmembers Anderson, Jones, Key, Knight, Kuntz, Moore, Statler and Strosser voting yes.
Resolution #2005-35 was approved.

70. City Manager and other staff reports
 70.1 City Manager Michael Dyal announced that the topic for the March 31st Medford Forum would be the Parks & Recreation Leisure Plan.  Councilmember Kuntz will participate with staff.

80. Propositions and remarks from the Mayor and Councilmembers
80.1 Mayor Wheeler noted the issuance of a proclamation for “Roosevelt Student Day” in honor of the efforts of the students at Roosevelt Elementary school who raised $700 for the Tsunami Relief Fund.

80.2 Councilmember Knight reported on the MPO meeting and the election of officers.  He has been elected to serve as the Vice-Chair.  Topics discussed included the Tunnel 13 Update, Regional Passenger Rail study, the Regional Transportation Plan and Transportation Improvement Plan, and the authorization of TEA21 funds.

80.3 Councilmember Moore reported on the Mayors Youth Advisory Commission meeting and their project to assist in the painting of one of Living Opportunities homes and the upcoming band concert scheduled for May 28th.

80.4 Councilmember Moore reported on the Southern Oregon Regional Economic Development Inc. (SOREDI) meeting and distributed information on businesses that are actively being focused on by the staff.  She also  noted that Southern Oregon is the centerpiece for the Governor’s Mexico Trade Mission.

80.5 Councilmember Key reported on the Water Commission meeting and operational report given on the Duff treatment plant.

80.6 Councilmember Kuntz reported on the Housing & Community Development Commission and their work on reviewing the CDBG Grant applications.

80.7 Councilmember Kuntz reported on the Southern Oregon Rental Owners class which included presentations from Police Officer Krouse and Code Enforcement Officer Joe Jimenez. 

80.8 Mayor Wheeler reported on attending the Heart of Medford Association’s annual award breakfast.

80.9 Councilmember Key reported on the Rogue Valley Council of Governments award dinner and that the Water Commission received an award for the TAP project.

80.10 Councilmember Kuntz expressed his concern on the increase of graffiti and his desire for staff to see what else could be done to minimize this nuisance.  Councilmember Knight noted that some communities limit the sale of spray paint to minors.  Staff will research and bring forward suggestions for council consideration.

90. Adjournment to evening session
Council adjourned to the evening session at 12:35 p.m.
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 EVENING SESSION
March 3, 2005

The regular evening session 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 Jason Anderson, Greg Jones, Jim Key, James Kuntz, Skip Knight,  Claudette Moore, John Statler, Bob Strosser   

City Manager Michael Dyal, City Attorney Ron Doyle, City Recorder Glenda Owens

110. Oral requests and communications from the audience
110.1  The following audience members addressed council and requested to have the Housing & Community Development Commission’s recommended letter encouraging Pacific Retirement Services to meet with residents of the Crest Imperial Mobile Park placed on the next council agenda.
a. Andrea Miranda, 816 Dakota Ave., Medford
b. Kristy Alberty, 795 Park Street, Ashland
c. Jeanine Jenkins, 1090 Ellendale Dr. #A9, Medford
d. Carol Rydall, 1090 Ellendale, Medford
e. Maria Aispuro, 1090 Ellendale Dr. #B-8, Medford
f. Rich Rohde, 124 Ohio, Ashland

Motion #1:  Place the Housing & Community Development Commission recommended letter on the council agenda for the next meeting. 
Moved by:  John Statler Seconded by:  Jim Key

Councilmember Moore acknowledged receipt of the draft letter from the Housing & Community Development Commission and discussion of this matter at the Council Officers meeting.    She reported council officers discussed this issue and that Pacific Retirement Services has made cash payments to park tenants to assist with moving of homes, is working with ACCESS Inc. regarding affordable housing options, and they have informed the tenants of PRS affordable housing that is available for application.  Council requested further explanation as to the purpose of having this on the council agenda.  Mr. Rohde stated it would allow the residents of Crest Imperial to have adequate time to show a presentation that better expresses the situation.  Council discussed having the presentation at a future study session or during an evening session.  Councilmember Key expressed his experience with a similar situation and that he will be speaking with Senator Atkinson to address these kinds of issues in the next legislative session.    Council further discussed what legal role the city can take in this issue and past efforts undertaken by councilmembers to assist in addressing this issue.

Motion #2:  Amend motion to delete placing on next council agenda and to send recommended letter now.
Moved by:  Jim Key Seconded by:  Greg Jones
Roll call #2:  Councilmembers Anderson, Jones, Key, Knight, Kuntz, Moore, Statler and Strosser voting yes.
Motion carried and so ordered.

Motion #1 as amended: Send the letter now.
Roll call #1:  Councilmembers Anderson, Jones, Key, Knight, Kuntz, Michaels, Moore, and Strosser voting yes.
Motion carried and so ordered.

110.2 Jim Hutchins, 4015 S. Stage Road, Medford, addressed council and introduced two students who wished to address council.

110.3 Daniella Thien, 36 S. Barneburg Rd., Medford, addressed council and invited them to attend a volunteer cleanup of Bear Creek being held Saturday, March 12 from 9-12 at Hawthorne Park.

120. Public hearings
 City Attorney Ron Doyle read a statement on conducting quasi-judicial land use hearings.

120.1 COUNCIL BILL 2005-25  POSTPONED from 2/17/05.  Ordinance proclaiming annexation to the City of Medford of one 0.86 acre parcel plus 0.14 acres of the East Vilas Road right-of-way, located northwest of its intersection with North Runway Drive, and concurrent zone change from County AD-MU/AA (Airport Development- Mixed Use/ Airport Approach Overlay) to City I-G/AA (General Industrial/ Airport Approach Overlay) and withdrawal of said property from Jackson County Fire District #3, effective 30 days from date of City Council approval or when notice is received from the Secretary of State, whichever occurs first. (A-04-15) (Land Use, Quasi-judicial)

Jim Maize, Principle Planner, gave the staff report and requested approval.

Public Hearing Opened.
1.  Scott Sinner, representing the applicant, addressed council and requested approval of this application.
Public Hearing Closed.

Councilmember Anderson noted he will be abstaining from vote as his partner represents applicant.

Motion:  Adopt Ordinance # 2005-25  
Moved by:  Jim Key Seconded by:  Bob Strosser
Roll call:  Councilmembers Jones, Key, Knight, Kuntz, Moore, Statler and Strosser voting yes.  Councilmember Anderson abstained.
Ordinance #2005-25 was duly passed.

 120.2 COUNCIL BILL 2005-36  Resolution approving plans for improvements to East Jackson Street from Berkeley Way to Hillcrest Road and Hillcrest Road from East Jackson to Valley View Drive including new curbs, gutters, sidewalks, bike lanes and a center turn/refuge lane. (TF-04-180) (Land Use, Quasi-judicial)

  Councilmember Strosser reported ex-parte communication from some residents of area during a recent meeting that he and Councilmember Jones attended.  He stated nothing in that communication would affect his decision.
  Councilmember Jones reported ex-parte communication as per Councilmember Strosser’s comments and he stated nothing would affect his decision.

  Larry Beskow, City Engineer, gave history on how this type of project would be designed under the city standards.  He noted this improvement of Jackson Street was one of the 17 Street Projects and was originally designed as a 5 lane collector.  This project is also included in the Rogue Valley Regional Transportation Plan and the Medford Transportation Plan.  The preliminary design that is being discussed this evening has been modified to a 3 lane minor collector.  He also addressed various neighborhood concerns regarding traffic speed, loss of on street parking, circular driveways, bicycle lanes, sidewalks, impacts on trees, and payment for project.

  Councilmember Strosser asked that the council not make a decision tonight but that further discussions be held with neighborhood residents regarding this design.  He expressed his concern about possible flooding of some of the existing homes if the road grade is raised and his concern about retrofitting of older neighborhoods.  Council discussed design elements including the angle and degree of the intersection at Valley View and Jackson, the traffic light impacts at Sunrise and Jackson, access to residences and neighborhood concerns.

  Mayor Wheeler noted ex-parte communication via email from Bob Stosser.

 Public Hearing Opened.
1. Mark Chirgwin, 2104 E. Jackson, Medford, representing 25 neighbors expressed concern regarding several design elements and requested council delay the decision until more information is gathered.

Council recessed for 10 minute break.
*********************
Council reconvened at 8:55 p.m. with all members present.

  2.  Laurie Fox, 2131 Hillcrest Rd. addressed council and expressed her support for the project.
  3. Al Densmore, 1736 Inverness Dr. addressed council and expressed his concern for parking at the McCloud residence as Mrs. McCloud needs hospice care and parking will be important.
  4. Bill Templeton, 2209 Hillcrest addressed council and expressed his support for the project.
  5. Tom Hilton, 2060 E. Jackson, addressed council and expressed his concern regarding the stone retaining wall on his property and his need for circular driveway access.
  6. Don English, 2209 Hillcrest Rd., addressed council and spoke in favor of this project.  He noted the need for sidewalks on both sides of the street and center turn lane for safety.
  7. Robert Scheelen, 123 Sunrise Ave., addressed council regarding his opposition to this project.
  8.  Pat Smith, 2121 E. Jackson, addressed council regarding her opposition to this design.
  9.  Gloria Bartlett, 2127 E. Jackson, addressed council regarding the accidents that occur at the corner of Sunrise and E. Jackson.
  10.  Paul Labadir, 1917 E. Jackson, addressed council regarding project and his opposition to some of the design elements.

 Public Hearing Closed

Motion:  Continue to April 7 council meeting.
Moved by:  Bob Strosser Seconded by:  Skip Knight

Councilmembers discussed desire for a public meeting to allow residents to participate in the design and to work with staff. 

Roll call:  Councilmembers Anderson, Jones, Knight, Kuntz, Moore, Statler and Strosser voting yes.  Councilmember Key voted no.
Motion carried and so ordered.

 Motion:  Continue with appraisal of property at 2209 E. Jackson.
 Moved by:  Bob Strosser     Seconded by:  Greg Jones
 
 Council discussed motion and noted that it should be done closer to the actual purchase of the property.

 Motion was withdrawn and second concurred.

 120.3 COUNCIL BILL 2005-37 Ordinance authorizing execution of a Warranty Deed to the Oregon Department of Transportation upon payment of $359,077.00 for a portion of four parcels of land for I-5 South Medford Interchange Project.

  Larry Beskow, City Engineer, gave a staff report and requested council approval.

 Public Hearing Opened.
  None
 Public Hearing Closed.

Motion:  Adopt Ordinance #2005-37.   
Moved by:  Bob Strosser Seconded by:  Skip Knight
Roll call:  Councilmembers Anderson, Jones, Key, Knight, Kuntz, Moore, Statler and Strosser voting yes.
 Ordinance #2005-37 was duly passed.

130. Ordinances and resolutions
 None
 
140. Further reports from the City Manager and staff
 None
 
150. Propositions and remarks from the Mayor and Councilmembers
 150.1 Councilmember Anderson addressed council regarding concerns about the livability grant applications and how deficiencies have been addressed by the grant subcommittee.  City Manager Michael Dyal distributed a spreadsheet to council that listed all of the applicants and what if any deficiencies were originally reported.  Only two applications were disqualified, and the remaining applications have all been corrected and will be reviewed by the grants subcommittee.

 Motion:  Extend council meeting until 10:15 p.m.
 Moved by:  Bob Strosser    Seconded by:  Jason Anderson 
Roll call:  Councilmembers Anderson, Jones, Key, Knight, Kuntz, Moore, Statler and Strosser voting yes.
 Motion carried and so ordered.

Councilmembers continued discussion on grants applications in regards to the 25 point penalty as approved by the Grants Subcommittee for any application originally submitted with deficiencies.  Councilmembers discussed the clarity of the directions and some confusion as experience by applicants.

Motion #1:  Direct Grant Subcommittee to allow applicants one week to fix deficiencies with no penalty if done.
 Moved by:  Jason Anderson    Seconded by:  Claudette Moore

Motion #2:  Amend motion to direct Grant Subcommittee to not impose a penalty on fixed applications.
Moved by:   Jason Anderson    Seconded by:  Claudette Moore

Roll call #2:  Councilmembers Anderson, Jones, Kuntz, Moore, and Strosser voting yes. Councilmembers Knight and Statler voting no.  Councilmember Key abstained.
 Motion carried and so ordered.

Roll Call #1 (Amended Motion):  Councilmembers Anderson, Jones, Kuntz, Moore, and Strosser voting yes.  Councilmembers Knight and Statler voting no.  Councilmember Key abstained.

City Manager Michael Dyal noted that council definition of “Essential Safety Net Services” needs to be clarified.  Council requested this be brought to the next study session and that the members of the Grant Subcommittee be invited to discuss this issue.

160. Adjournment
There being no further business, this Council meeting adjourned at 10:20 p.m.

The proceedings of the City Council meeting were recorded on tape and are filed in the City Recorder's office. The complete agenda of this meeting is filed in the City Recorder's office.

  /s/ Glenda Owens

Glenda Owens
City Recorder