Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, September 20, 2018

AGENDA
September 20, 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     Introduction of City Emergency Management Coordinator
 
         20.3     Oregon Department of Transportation update by Gary Leaming
 
30.    Oral Requests and Communications from the Audience
         Comments will be limited to 4 minutes per individual, group or organization.  PLEASE SIGN IN.
 
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 2018-112 A resolution adopting a fourth Supplemental Budget for the 2017-19 biennium.
 
         40.2     COUNCIL BILL 2018-113 An ordinance amending sections 10.012, 10.314, 10.337, 10.743, 10.816, 10.817, 10.840, 10.859, and adding section 10.819A of the Medford Municipal Code to allow for temporary shelters. (DCA 17-062) Land Use, Legislative
 
50.    Approval or Correction of the Minutes of the September 6, 2018 Regular Meeting
 
60.    Consent Calendar
        
70.    Items Removed from Consent Calendar
 
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2018-114 A resolution adopting a revised investment policy for the City of Medford.
 
         80.2     COUNCIL BILL 2018-115 An ordinance amending sections 5.257 and 5.990 of the Medford Municipal Code to classify prohibited camping as a violation instead of a misdemeanor.
 
         80.3     COUNCIL BILL 2018-116 A resolution authorizing the approval of The Hospital Facilities Authority of the City of Medford, Oregon Revenue Bonds, Series 2018 (Farmington Square Medford Project (the “Bonds”) in one or more series, issued by The Hospital Facilities Authority of the City of Medford, Oregon (the “Authority”).
 
90.    Council Business
         90.1     Proclamations issued:
                        Home Inventory Week – September 16-22, 2018
 
         90.2     Committee Reports and Communications
 
100.  City Manager and Staff Reports
         100.1   Further reports from City Manager
 
110.  Adjournment

MINUTES
September 20, 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:

Acting Mayor Michael Zarosinski; Councilmembers Clay Bearnson, Dick Gordon, Tim Jackle, Kevin Stine, and Kim Wallan

Mayor Gary Wheeler, Councilmembers Kay Brooks and Tim D’Alessandro were absent.

City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts

20. Recognitions, Community Group Reports
 20.1 Employee Recognition
Employees from Fire were recognized for their years of service; employees from Fire and Municipal Court were recognized in their retirement.

 20.2 Introduction of City Emergency Management Coordinator
Melissa Cano was introduced as the Emergency Management Coordinator. Councilmember Gordon questioned what her focus will be; Ms. Cano stated she will be updating the City of Medford’s Emergency Plan, training employees and the public, and the CERT program.

 20.3 Oregon Department of Transportation update by Gary Leaming
  Gary Leaming, ODOT, presented an update on projects within our area.

30. Oral Requests and Communications from the Audience
 30.1 Lisa Smith, stated she lives next to a drug house. There are children living in the drug house and the drug traffic is continuous.

 30.2 Barbara Laskin, stated her two areas of concern are renewable energy though solar panels and landscaping requirements between the curb and parking lots.

 30.3 Harlan Bittner advocated for items such as bicycle facilities and protected lanes, and requested this be included in the Transportation System Plan (TSP). Councilmember Wallan stated the latest version of the TSP has significant changes and invited him to the open house tomorrow at 4 p.m. north of Main on Bartlett Street.

 30.4 Marshall Doak, Small Business Development Center, provided information on what is provided to small business owners. Councilmember Bearnson thanked him for what he does for businesses.
 
40. Public Hearings
40.1  COUNCIL BILL 2018-112 A resolution adopting a fourth Supplemental Budget for the 2017-19 biennium.

  Chief Financial Officer Ryan Martin presented the staff report.

Public hearing opened.
No one spoke.
Public hearing closed.

Motion:  Approve the resolution.
Moved by:  Clay Bearnson           Seconded by:  Kevin Stine

Councilmember Gordon stated much of the additional income received for ODOT’s use of the photo enforcement in their construction zone goes to the contractor. Councilmember Wallan did not agree with the DLCD grant so will be voting no.

Roll call:  Councilmembers Bearnson, Gordon, Jackle, Stine, and Zarosinski voting yes; Wallan voting no.
Resolution #2018-112 was duly adopted.

 40.2 COUNCIL BILL 2018-113 An ordinance amending sections 10.012, 10.314, 10.337, 10.743, 10.816, 10.817, 10.840, 10.859, and adding section 10.819A of the Medford Municipal Code to allow for temporary shelters. (DCA 17-062)

Planner Kyle Kearns presented the staff report, which included Alternatives 1 and 2. Councilmember Stine questioned the neighborhood meeting language; Mr. Kearns clarified the neighborhood meeting is for shelters with 15 or fewer clients and would be required with the application. It was noted this issue of 15 or fewer clients was not brought up before the Planning Commission. Councilmember Gordon questioned if the neighborhood meetings would be the same as a PUD; Mr. Kearns stated yes but with more teeth. City staff must submit a report to the City Manager; a public hearing may be called. Councilmember Jackle questioned Goal 1 of the Findings “To accept the role and responsibilities of being the major urban center in a large and diverse region that includes portions of Southwest Oregon and Northern California”; Mr. Kearns noted this finding is in the Population Element of the Comprehensive Plan.

Public hearing opened.
Karen Phillips, Maslow Project, asked Council to consider Option 1 and that the homeless would not be searched. At their facility they have less than one emergency call a year.

Jason Bull, Medford Gospel Mission, stated they have been providing shelter for 60 years. They have clean and sober users and do have problems, sometimes daily. He was asked by some of their supporters to speak on this issue. He did not see in the proposed code what will happen when there are issues within the neighborhood if a person is asked to leave. Councilmember Jackle questioned if he wanted his letter in the record; he said yes. Councilmember Stine questioned a person needing to leave and the danger to that neighborhood; Mr. Bull stated they have an open dialogue with the neighbors, self-police the neighborhood, and have a good relationship with Fire, Police, and other service facilities. Councilmember Bearnson questioned if Conditional Use Permits were revocable; City Attorney Cooper stated they are revocable.

Constance Wilkerson, Jackson County Continuum of Care, is in support of the resolution. In our area, more than 95% became homeless while they are residents of Jackson County. Temporary shelters are a way station on the way to permanent shelter.

Calvin Roberts, 719 N. Modoc, commented on the last Council meeting where Council took the time to speak to the audience about the homeless issues.  He spoke about the cost of cleanup issues by the Parks Department, and citizens not having time to attend meetings. He is opposed to the resolution but does agree a solution is needed for the homeless issue.

Jay Harland, CSA Planning, on behalf of the Maslow Project, stated there is an issue pertaining to non-conformity and provided a suggestion to modify the definition of shelter area pertaining to the resolution.

Ryan Haynes, HAJC, believed people should have access to care, services, and a sleeping area. In principal they are in support of the resolution.

Chad McComas, Rogue Retreat, thanked Council for working with them in serving the homeless. There needs to be options for those who have issues that the Gospel Mission cannot serve. He encouraged Council move forward. He noted many homeless have incomes but have no place to stay. They now have 50 people that they have moved off the street.

Councilmember Gordon talked about expanding the 90 days; Fire Chief Fish noted the 90 days was not set in stone. Mr. Kearns noted the 90 days is best practice from a fire department up north. The 180 days is in the Building Code and the City Manager can approve up to 180 days in 12 months. Ms. Cooper noted the City Manager decision is appealable through the Uniform Appeal process.

Public hearing closed.
**********

Acting Mayor Zarosinski called a recess at 7:30 p.m.; the meeting resumed at 7:40 p.m. with the same members present.
**********

Councilmember Zarosinski requested discussion on a pre-motion basis. Councilmember Jackle stated that public testimony brought up additional questions. He has not seen the Operation Plan from the Maslow Project, and he is not in favor of adding to the SFR zone as there is nothing wrong with protecting a residential zone. He would be supportive of a rewrite to shore up the CUP language for a lower number and a different process than the full blown public hearing, and a limited land use decision with a neighborhood meeting. The purpose of the neighborhood meeting does not mesh with the code language because it does not allow the decision maker adequate authority to address what comes out of that neighborhood meeting. We need criteria that addresses the neighborhoods concerns and we need to take another look at the criteria. Councilmember Gordon would favors shelters being required to go through a CUP process until we build up enough experience. We have had the state and local organizations (related to residential care facilities) plop it down in a neighborhood and there wasn’t anything we could do about it. Continuum of Care should be a requirement and client/operator needs to be clear. He thought we were trying to go past the 90 days but is okay with City Manager approving longer. Councilmember Bearnson questioned if this could be continued with the upcoming Planning Commission study session. Councilmember Jackle agreed.

Motion:  Direct staff to implement Alternative 1 with the following friendly amendments: 1) receive Planning Commission’s input at the joint City Council/Planning Commission Study Session of September 24, 2) include requirement that reporting be coordinated with the Continuum of Care, 3) remove “shelter area” definition, and 4) strike the language on page 37 of the Council agenda packet which finds that the City of Medford shall accept the role and responsibilities of being the major urban center in the region.
Moved by:  Tim Jackle           Seconded by:  Kevin Stine

Councilmember Jackle clarified that Alternative 1 requires conditional use permits for all temporary shelters.

Councilmember Wallan made a friendly amendment to add the provision to require shelters to use the Homeless Management Information System (HMIS) used by the Continuum of Care.

Councilmember Stine made a friendly amendment that at the upcoming combined Council/Planning Commission study session, the Council ask for the Planning Commission’s feedback on the additional information from nonprofit groups that was provided subsequent to the Planning Commission’s decision on its recommendation to Council.

Councilmember Wallan proposed a friendly amendment to remove the definition of “shelter area” and references to “shelter area” in the proposed code language. Ms. Cooper noted she does not understand the purpose of the “shelter area” language and asked if removing that language would affect the substance of the proposed code amendment. Planning Director Brinkley noted this goes back to transitional housing language, which is now focusing on the term shelter. It is a leftover from the transitional housing discussion and there are only a few references to it in this proposed code and those can be removed.

Councilmember Jackle made a friendly amendment to remove from the findings the reference to Goal 1 of the Population Element, in particular the language “to accept the role and responsibilities of being a major urban center in a large and diverse region that includes portions of Southwest Oregon and Northern California.” Councilmember Jackle explained he is concerned that if we keep that language in as a basis for this decision, it could come back against us in a different context which may require us to do way more than our fair share of solving the homeless problem in the entire region, not just within the City of Medford. 

Roll call:  Councilmembers Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes; Bearnson voting no.
Ordinance #2018-113 was duly adopted.

50. Approval or Correction of the Minutes of the September 6, 2018 Regular Meeting
 There being no additions or corrections, the minutes were approved as presented.

60. Consent Calendar
 
70. Items Removed from Consent Calendar

80. Ordinances and Resolutions
 80.1 COUNCIL BILL 2018-114 A resolution adopting a revised investment policy for the City of Medford.

Motion: Move this item to the next City Council meeting.
Moved by:  Clay Bearnson           Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.

 80.2 COUNCIL BILL 2018-115 An ordinance amending sections 5.257 and 5.990 of the Medford Municipal Code to classify prohibited camping as a violation instead of a misdemeanor.

  Deputy City Attorney Mitton presented the staff report. Ms. Cooper presented clarification that prohibited camping is pertaining to any location within the city, not just the Bear Creek Greenway. Mr. Mitton stated even if we had enough shelter places and beds available, we may not be able to enforce the current code. We believe we are still able to take limited action in park space after closure.

Motion:  Approve the ordinance.
Moved by:  Kevin Stine Seconded by:  Clay Bearnson
Roll call:  Councilmembers Bearnson, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Ordinance #2018-115 was duly adopted.

 80.3 COUNCIL BILL 2018-116 A resolution authorizing the approval of The Hospital Facilities Authority of the City of Medford, Oregon Revenue Bonds, Series 2018 (Farmington Square Medford Project (the “Bonds”) in one or more series, issued by The Hospital Facilities Authority of the City of Medford, Oregon (the “Authority”).

  Douglas Goe, bond counsel to the City (from the Orrick Law Firm), stated that under federal tax laws, bonds that are issued to the benefit of non-profits need to be approved by applicable elected officials. This action was preliminarily approved today by the Hospital Facilities Authority. 

  Councilmember Zarosinski questioned if the City does not expect to issue any tax exempt bonds and could this affect us, as the City created the Hospital Facilities Authority and they are a subordinate of the City. Mr. Martin stated the City is not planning on doing any additional borrowing this year. Councilmember Zarosinski feels uneasy with this. Mr. Goe outlined the normal sequence after the Hospital Facilities Authority gives its final approval. Councilmember Wallan noted the Hospital Facilities Authority had mixed emotions about it. By turning it into a nonprofit it does turn it into a facility for lower income. She is not sure what her recommendation is today although she did vote on it today at the Authority meeting. There will be a final vote by the Hospital Facilities Authority. Mr. Goe noted interest rates are going up so the buyer would like to move on this soon. Councilmember Gordon noted the financials are not complete, there is no infrastructure to speak of, and Council needs to be the final authority.

Motion:  Continue this item until the Hospital Facilities Authority takes action.
Moved by:  Dick Gordon Seconded by:  Kim Wallan

Councilmember Zarosinski wanted those Councilmembers on the Hospital Facilities Authority to agree on this; Councilmember Gordon requested Mr. Martin review the financial information received by the applicant. Mr. Goe thought the final documentation could be available by early next week for Mr. Martin to review. City Manager Sjothun noted the next Council meeting would be October 4. Councilmember Wallan noted the seller and buyer like the deal; the Hospital Facilities Authority did not like it as much.

Roll call:  Councilmembers Bearnson, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.

90. Council Business
 90.1 Proclamations issued:
   Home Inventory Week – September 16-22, 2018

 90.2 Committee Reports and Communications
  a. Councilmember Stine noted there is a vacancy on the Parks and Recreation Commission and two candidates were interviewed.

Motion:  Appoint Larkin Hastings to a partial term expiring January 31, 2020.
Moved by:  Kevin Stine Seconded by:  Dick Gordon
Roll call:  Councilmembers Bearnson, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.
Motion carried and so ordered.

  b. Councilmember Stine thanked all potential state legislators for spending time with us. Councilmember Jackle also attended and thought it was a good idea. 

100. City Manager and Staff Reports
 100.1 Further reports from City Manager
  a. The Olsrud Playground work session is coming up and requested people to sign up.
  
110. Adjournment
There being no further business, this Council meeting adjourned at 8:44 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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