Agenda
11.13.2007 Medford Urban Renewal Agency Board of Directors - Minutes
A.
Executive Session
A meeting of the Medford Urban Renewal Agency Board of Directors was called to order in Executive Session at 6:40 p.m., on the above date, in City Hall Conference Room 338 of the City of Medford by Acting Chair Gregory Yechout, with the following Members in attendance:
BOARD MEMBERS:
Present
Gregory Yechout, Acting Chair
Bill Dames
Jim Kuntz, Council Representative
Skip Patterson
Joy Pelikan
Absent
Eric Stark, Chair
Jason Anderson, Council Representative
Dick Entinger
STAFF:
Present
Jackie Rodgers, Executive Director
Errin Sills, Office Administrator
Dan Thorndike, Attorney
Pursuant to ORS 192.660(2) (e), “The governing body of a public body may hold an executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions.”
EXECUTIVE SESSION CLOSED AT 6:50 P.M
B.
Open Session
Acting Chair Gregory Yechout announced that Vice Chair Peter Naumes passed away on Saturday November 10, 2007. Mr. Yechout asked for the members of the Board and Agency staff to join him in a moment of silence in memory of Peter Naumes.
I.
Roll Call
1.1 A meeting of the Medford Urban Renewal Agency Board of Directors was called to order in Open Session at 7:00 p.m., in City Hall Council Chambers of
the City of Medford, on the above date, by Acting Chair Gregory Yechout, with the following Members and Staff in attendance:
BOARD MEMBERS:
Present
Gregory Yechout, Acting Chair
Bill Dames
Jim Kuntz, Council Representative
Skip Patterson
Joy Pelikan
Absent
Eric Stark, Chair
Dick Entinger
Jason Anderson, Council Representative
STAFF:
Present
Jackie Rodgers, Executive Director
Errin Sills, Office Administrator
Dan Thorndike, Attorney
Mr. Yechout asked staff to comment on the Agency By-laws. Staff reported that in accordance with Article III – Officers – Section 7. – Vacancies, “Should the offices of the Chair, Vice-Chair, or Secretary become vacant, the Board shall elect a successor from its Board members at the next regular meeting and such election shall be for the unexpired term of such office.”
This action will be scheduled for the next regular meeting. The position of Vice-Chair will be held until new elections in the new year.
The City will advertise membership replacement timed with their advertisement for replacements, per consensus.
II.
Minutes
2.1 Minutes for the October 23, 2007 Medford Urban Renewal Agency Board Meeting were submitted.
Acting Chair Gregory Yechout inquired whether there were any corrections to the Medford Urban Renewal Agency Board Meeting Minutes of October 23, 2007. Hearing no corrections or additions, Mr. Yechout stated that the Minutes stand approved as submitted.
III.
Communications from the Audience
There were none.
IV.
Communications from Staff
4.1 Project Updates:
A. Bartlett Street Improvement and RCC/SOU
The RCC/SOU Joint Higher Education Building Project began in 2005 with Agency donation of properties which allowed the college and university to plan their joint building in the Downtown Campus. The project is on schedule.
The $1.5 million project commenced in 2006 and is scheduled for completion in late 2008, coinciding with the schools’ fall term opening. Streetscape improvements will be on Bartlett Street from 9th to Main and will include the frontage areas of the new building. The project will request bids in February 2008 and construction is planned to commence in April, with consideration given to no interruption of the Art in Bloom event during Mother’s Day weekend in May.
B. Evergreen Mixed-Use
With the opening of the Evergreen Parking Facility in December 2005, and Evergreen Way in 2006, the first components of the Evergreen Mixed-Use project were completed. The Agency is currently negotiating with the developer of Bella Vita, the first private mixed-use development initiative in Downtown and subsequent component to the Evergreen Project. Those negotiations are not a subject for public discussion at this time, but should be concluded in little over a month.
In the meantime, the Agency is preparing to accelerate construction of the sidewalks along 8th and Fir Streets. The surface of the mixed-use project site was initially designed with provisions for a plaza along Main Street and a parking lot on 8th and Fir Streets. Upon conclusion of negotiations, the Agency will re-evaluate how soon it can expect the site to be developed and the feasibility of a temporary use.
C. Liberty Park/Beatty-Manzanita
In Fiscal Year 2004-2005 the Agency agreed to provide funding for Liberty Park Neighborhood Enhancement Project in the Beatty-Manzanita area of the urban renewal district. The Project includes $200,000 for sidewalks and streetscape improvements (scheduled to coincide with completion of a new neighborhood park).
A $55,000 revolving low interest loan account deposit with the City was made in Fiscal Year 2006-2007, and three annual installments of $60,000 were scheduled for the rehabilitation loan program.
D. Historic Façade Program
The Agency’s Historic Façade Program objective is to renew the viability of the downtown through renovation of historic buildings, leading to recruitment and retention of businesses in Downtown. The Façade Grant Program assists property and business owners through grants for rehabilitation of buildings within the Downtown Historic District. Public funds up to $37,500 have been matched dollar for dollar by private funds resulting in up to $15 private to $1 public investment. Projects completed this year include: Hubbard’s Ace Hardware, Norris Shoes, Rack ‘Em, and Habanero’s. This Program is currently dependent upon grant funding.
E. The Commons
The Commons is the largest urban renewal project in which the Agency has participated. The Agency has committed $14.1 million toward development of park blocks, streetscapes and infrastructure improvements in a multi-block area that includes Middleford Parking Structure and north to 4th Street between Riverside and Central Avenues. Since the September 2006 signing of the development agreement, the Agency has expended approximately $400,000 toward the acquisition of property in The Commons area.
The Superior Stamp property has been acquired and the Agency has executed an Access Agreement granting Lithia access to the property for “asbestos and lead paint testing”. The Demolition Permit is ready and approved.
The Agency is currently closing on the Greyhound garage property and is exchanging contract changes on the station property. The Agency has submitted applications to Site Plan Architecture (SPAC) and Historic for two sites (RVTD’s transit center and the Agency’s 5th & Grape off-street parking site) for the relocation of Greyhound. If a pending response from the Federal Transportation Administration is favorable, RVTD will allow Greyhound to relocate onto its Front Street site. If not, Plan B is to relocate Greyhound to the Grape Street site, without loss of time due to processing; thus, the submittal of SPAC and Historic applications for both sites at this time.
A $200,000 EPA grant has allowed the Agency the opportunity for environmental assessments in The Commons area. The Agency has completed Phase I and is currently involved in Phase II assessments. To access environmental information regarding the project, the Agency’s Environmental Protection Agency Grant funded website is: www.medfordcommons.com. The Agency, City, and Lithia generally meet every other Wednesday at 11 a.m. to share updates on all aspects of The Commons Project.
V.
Written Communication
5.1 News Article – Landscaping Company Thrives
Staff reported that the Mail Tribune news article titled “Landscaping Company Thrives” was included in the Board packet. This article highlights Canyon Crest Landscaping. Canyon Crest landscaping is contracted by the Agency via the Downtown Parking District to address the landscaping needs within the Downtown Parking District.
5.2 Email from Todd Kaberline
Mr. Yechout reported that an email from Todd Kaberline personally thanked Jackie Rodgers and the Agency for the opportunity to serve as the Agency’s Projects and Parking District’s landscape contractor.
5.3 Invitation to the Rogue Valley Transit District Open House
Staff reported that an invitation to the Board from the Rogue Valley Transit District’s Open House was included in the packet. The Open House will be held on Wednesday, November 14, 2007 at 10:00 a.m. to Noon and from 5:00 to 7:00 p.m. It will be held at the Translink Building at 239 Barnett Road, Medford. During the Open House, RVTD will review their Draft 10-Year Plan.
VI.
Reports from Chair:
6.1 Presentation: Certificate of Appreciation to Hannelore Rippel
Board Acting Chair Gregory Yechout presented Hannelore Rippel with a Certificate of Appreciation for serving on the Marketing Committee from 2001 to 2007. Mr. Yechout congratulated her on her retirement.
6.2 Presentation: Certificate of Appreciation to Mike Miles
Staff reported that Mr. Mike Miles could not attend tonight’s meeting due to conflicting schedules. Acting Chair Gregory Yechout commended Mr. Miles’ work on the Budget Committee from 2005 to 2007. Staff stated that Mr. Miles’ certificate will be delivered to him.
VII.
Reports from Committee:
7.1 Parking Committee
Staff reported that Errin Sills is the Downtown Parking Committee liaison.
Staff reported that the Parking Committee will be meeting on Wednesday, November 14, 2007 at 8:00 a.m. in the Agency office, 45 South Holly Street. Parking Committee meetings are held on the 2nd Wednesday of every month and are open to the public. The agenda for the November 14, 2007 meeting and the minutes from the October meeting were included in the Board packet.
7.2 Marketing Committee
Staff reported that Errin Sills is the Marketing Committee liaison.
Staff reported that the Agency’s Marketing Contractor, Passey Advertising, has been working on the new banner that will hang across Central Avenue. The banner will have the words “Medford, A City in Bloom” written on it, with a blue background. Staff presented an illustration of the initial design.
Staff reported that the Marketing Committee will be held early this month due to the Thanksgiving Day Holiday. The meeting will be held on Wednesday, November 14, 2007 at the Agency office at 5:30 p.m. Marketing Committee meetings are typically held on the 3rd Wednesday of each month and are open to the public. The agenda and draft minutes of the October meeting were included in the Board packet.
VIII.
Business
8.1 Public Hearing to consider findings for an exemption from the competitive bidding requirement of the Administrative Regulations Relating to Contract and Purchasing, Sections 1.111 and 1.113, and ORS 279C.335, authorizing construction of an approximate 2,000 sq. ft. transportation building by means of a Construction Manager/General Contractor (CM/CG), and authorizing selection of a CM/GC through the Request For Proposals (RFP) process.
Staff reported that in accordance with the Middleford Commons Disposition and Development Agreement (DDA), the Agency is required to purchase the existing Greyhound Station located at 212 Bartlett Street. The purchase must be completed no later than December 31, 2007 and the Greyhound operation must be relocated to new facilities by early Fall 2008. Mr. Thorndike reported that the Facility will be constructed on the Rogue Valley Transit District’s Transfer Station site located on Front Street between 8th and 10th or at the Agency’s 5th and Fir Street Site. The Facility will be used by Greyhound and RVTD if constructed on the Front Street site.
In order to facilitate relocation of the Greyhound operation and construction of the Facility on the site, it’s been agreed by all parties that the Agency shall manage and participate in construction of the Facility, as set forth in the Greyhound Station purchase agreement.
Under the agreed schedule, the Agency has 10 months to design, acquire permits, and construct the Facility. The only means to accomplish the schedule is through use of the Construction Manager/General Contractor, or CM/GC, project delivery process – in lieu of the conventional Design/Bid/Build, or D/B/B process. It is estimated that the D/B/B process would require a minimum of 13 months to complete construction. The CM/GC process allows time for staging of plan preparation, permitting, and construction; allowing the Agency to accelerate delivery of the complete Facility in a timely manner that is consistent with the schedule.
Use of the CM/GC process requires an exemption to the competitive bidding process. The Agency’s Administrative Regulations Relating to Contracting and Purchasing, Section 1.113, Conditions of Exemptions, provides for exemptions to the competitive bidding process. It refers to ORS 279C.335 for criteria to be addressed when considering an exemption to the competitive bidding process.
In lieu of awarding a construction contract to the lowest bidding contractor, the CM/GC process selects a contractor using the Request for Proposal process. Once a qualified contractor is selected, a guaranteed maximum price, or GMP, is negotiated. At a later date, the Board will review the process and, by resolution, take action on the GMP.
The Board, after conducting a public hearing, must find that use of a CM/GC process, for construction of the Facility complies with the following criteria:
1) It is unlikely that the exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts; and
2) The awarding of public improvement contracts under the exemption will result in substantial cost savings to the contracting agency. In making the finding, the Director or the local Contract Review Board, may consider the type, cost and amount of the contract, the number of persons available to bid and such other factors as may be deemed appropriate.
Included in the Board packet was Resolution No. 07-11-19 with its Exhibit “A”. These documents address the criteria and other applicable provisions of ORS 279C.335. Also included in the packet was the Request for Proposal.
Acting Chair Gregory Yechout opened the Public Hearing for public comment at 7:20 p.m. There being no comment, Acting Chair Gregory Yechout closed the Public Hearing at 7:22 p.m.
MOTION: It was moved by Skip Patterson to approve Resolution No. 07-11-19 approving the adoption of findings for an exemption from the competitive bidding requirement of the Administrative Regulations Relating to Contracting and Purchasing, Section 1.113 and ORS 279C.335 for the construction of the Facility, authorizing construction of the Facility by means of a Construction Manager/General Contractor (CM/GC), and authorizing selection of a CM/GC through the Request for Proposals (RFP) process. Jim Kuntz seconded the motion.
VOTE: The following Board members passed the motion with a unanimous affirmative vote: Skip Patterson, Gregory Yechout, Joy Pelikan, Jim Kuntz, and Bill Dames.
8.2 Consideration of Medford Urban Renewal Agency Financial Report, First Quarter Fiscal Year 2007-2008
Staff reported that the Agency’s First Quarter Financial Report of Fiscal Year 2007-2008 was included in the Board packet. Figures provided in the report are un-audited amounts.
The Fiscal Year Budgeted Beginning Fund Balance for Capital Services is $4,344,014 and Debt Services is $2,497,218.
Revenues of $134,115 for Capital Services and $19,201 for Debt Services are consistent with projected First Quarter figures.
Expenditures of $350,087 for Capital Services and $664,493 for Debt Services are consistent with projected First Quarter figures and within the budget.
Staff reported that there have been no incidents in the First Quarter that will affect Budget Reserves.
MOTION: It was moved by Joy Pelikan to accept the First Quarter Financial Report for Fiscal Year 2007-2008. Bill Dames seconded the motion.
VOTE: The following Board members passed the motion with a unanimous affirmative vote: Skip Patterson, Gregory Yechout, Joy Pelikan, Jim Kuntz, and Bill Dames.
8.3 Consideration of Resolution No. 07-11-20 approving Amendment No. 1 to the Middleford Commons Disposition and Development Agreement dated September 19, 2006.
Staff reported the Middleford Commons DDA was adopted on September 19, 2006 by Resolution NO. 06-09-23. On September 12, 2006 it was revised by Resolution NO. 06-09-24, as approved by the Medford Urban Renewal Agency Board of Directors.
Since execution of the DDA, it has been agreed by all parties that the purchase of the Jennings Properties is not required for the successful completion of the Middleford Commons Project and therefore should be removed from the DDA.
To accommodate this modification, it is necessary for the DDA to be formally amended. The primary objective of the Amendment is to acknowledge removal of the Jennings Properties acquisition as a responsibility of the Agency and to reconcile the value of the Agency’s project “Purchase Contribution” as defined in the DDA.
Lithia has reviewed and accepted the amended language. The Agency’s financial commitment does not change.
MOTION: It was moved by Skip Patterson to approve Resolution NO. 07-11-20 approving Amendment No. 1 to the Disposition and Development Agreement (DDA) between Medford Urban Renewal Agency, the City of Medford and Lithia Real Estate, Inc. for the Middleford Commons Project; and authorizing execution of that Amendment by the Agency Executive Director. Jim Kuntz seconded the motion.
VOTE: The following Board members passed the motion with a unanimous affirmative vote: Skip Patterson, Gregory Yechout, Joy Pelikan, Jim Kuntz, and Bill Dames
IX.
Comments from City Council Representatives
There were none.
X.
Comments from Board
Board members Jim Kuntz, Skip Patterson, Bill Dames, Gregory Yechout, Joy Pelikan and Executive Director Jackie Rodgers all commented on the loss of Peter Naumes and how much he will be missed.
Bill Dames questioned staff regarding the Agency’s involvement with the Medford Food Co-op and if there was anything that the Agency Board could do. Staff reported that the Agency has never been financially involved.
XI.
Adjournment
The meeting was adjourned at 7:30 p.m. The proceedings of this Board meeting were recorded on tape and filed in the Medford Urban Renewal Agency office.
______________________________________
Submitted by:
Errin L. Sills
Office Administrator
_____________________________________
Approved by:
Gregory Yechout, Acting Chair
11.13.2007 Agenda
A. Executive Session
1. Pursuant to ORS 192.660(2)(e), “The governing body of a public body may hold an executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions.”
B. Open Session
1. Attendance
1.1 Roll Call
2. Approval of Minutes
2.1 Board Minutes of October 23, 2007
3. Communications from Audience (Non-Agenda Items)
4. Communications from Staff
4.1 Project Updates
5. Written Communications
5.1 Article: November 5, 2007, Mail Tribune; re: “Landscaping Company Thrives”
5.2 Email: Thank you from Todd Kaberline, Canyon Crest Landscape
5.3 Invitation: RVTD Open House
6. Report from Chair
6.1 Presentation: Certificate of Appreciation – Hannelore Rippel
6.2 Presentation: Certificate of Appreciation – Mike Miles
7. Report from Committees
7.1 Parking Committee (Agenda November 14, 2007)
7.2 Marketing Committee (Draft Minutes, October 17, 2007, Agenda, November 14, 2007)
8. Business
8.1 “PUBLIC HEARING to consider findings for an exemption from the competitive bidding requirement of the Administrative Regulations Relating to Contracting and Purchasing, Sections 1.111 and 1.113, and ORS279C.335, authorizing construction of an approximate 2000 sq. ft. transportation building by means of a Construction Manager/General Contractor (CM/GC), and authorizing selection of a CM/GC through the request for proposals (RFP) process.”
8.2 Consideration of Medford Urban Renewal Agency Financial Report, First Quarter Fiscal Year 2007-2008
8.3 Consideration of Resolution No. 07-11-20 approving Amendment No. 1 to the Middleford Commons Disposition and Development Agreement dated September 19, 2006
9. Comments from City Council Representatives
9.1 City Council Draft Minutes, November 1, 2007
10. Comments from Board
11. Adjournment
NEXT REGULAR BOARD MEETING: TUESDAY, NOVEMBER 27, 2007