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Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Thursday, February 07, 2019

February 7, 2019

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

Swearing in of New Councilmember

Councilmember Eric Stark – Ward 4 was sworn into office.
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, Alex Poythress, Eric Stark, Kevin Stine, Michael Zarosinski (arrived at 6:08 p.m.)
City Manager Brian Sjothun; Deputy City Manager Eric Zimmerman; City Attorney Lori Cooper; Deputy City Recorder Winnie Shepard
20.    Recognitions, Community Group Reports
20.1     RVCOG End of Year Review – Michael Cavallaro
            Director Michael Cavallaro, Rogue Valley Council of Governments (RVCOG), advised that the agency received a $600,000 grant which will be used to establish a list of brownfield sites. Mr. Cavallaro outlined RVCOG’s efforts with ShakeAlert, Alert Wildfire program, updating Census blocks, using drones to determine solar potential, adult foster home availability and providing meals to the Medford Senior Center.
20.2     Alba Committee Quarterly Report
            Alba Sister City Committee Chair Robin Snider provided a brief history, spoke of members, activities and events.
30.    Oral Requests and Communications from the Audience
         30.1     Glenda Wilson, Chair of Rogue Valley Community Organizations Active in Disasters (RVCOAD), explained that the agency coordinates local emergency service providers, supports response and assistance in the event of a disaster, and assists with long‑term recovery. It is membership-driven and is free for nonprofits to join.
         30.2     Christian Nelson, Downtown Medford Association, provided a brief history of agency. The association’s goal is to improve downtown, enhance the Bear Creek area, eliminate blight, connect downtown to surrounding areas, etc. He requested a formal downtown improvement plan, a City resolution to enable the association to join the Main Street Program, and a City study session to discuss. 
         City Manager Brian Sjothun suggested a study session in April. There were no objections.
40.    Public Hearings
         40.1     COUNCIL BILL 2019-06 An ordinance adding sections 5.556, 5.557, and 5.558 of the Medford Municipal Code to allow overnight sleeping in vehicles.
            Deputy City Manager Eric Zimmerman provided a staff report. The ordinance closely follows state law. He noted that the policy is limited to religious organizations; it does not create a new program; it is limited to three overnight participants; vehicles must be operational and moved every day; and attaching tenting or other materials is prohibited. The ordinance also requires a City permit, toilets, handwashing stations and trash facilities.
Public hearing opened.
a.   Murray Richmond, First Presbyterian Church, supported the ordinance and appreciated that vehicles must leave every day. He questioned the toilet access, 20’ separation requirement and whether Council intended to revise the ordinance to include businesses.
      Fire Chief Fish explained the 20’ separation prevents fires spreading and exhaust entering neighboring vehicles. Councilmember Gordon clarified the toilet requirement could be porta potties versus access to church facilities.
b.   Chad McComas, Rogue Retreat and Set Free Christian Fellowship, advised that his church probably wouldn’t participate in this program, because of the expense and requirements.
      Councilmember Brooks advised that the faith-based community was contacted and some requested this ordinance. She outlined various statistics and believed this ordinance provided options for those citizens already living in their vehicles.
c.   Annette Young, Medford, noted it was against City ordinance to camp anywhere in Medford. She believed the City should look at ordinances to create a better program. 
Public hearing closed.
Motion:  Approve the ordinance.
Moved by:  Kay Brooks                                                    Seconded by:  Dick Gordon
Councilmember Brooks stated the ordinance isn’t perfect, but was still beneficial. She outlined her concerns about area poverty and homelessness.
Councilmember Zarosinski questioned the process for complaints.  City Attorney Lori Cooper responded that the City Manager has authority to address issues impacting the health, safety and welfare of citizens. She did not recommend adding language about zoning.
Councilmember Stark recommended a review of the policy in six months. He requested that staff provide various information, including complaints, total permits issued, the number of participants, and how many nights the program was utilized. Deputy Police Chief Scott Clauson explained that Code Enforcement would receive the complaints and reports could be generated for the review. Mr. Zimmerman added that all City permit information would be provided for Council review.
Council discussed collaborating with the Continuum of Care program and requested staff include that information to churches participating in the program.
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered. 
         40.2     COUNCIL BILL 2019-07 An ordinance authorizing the execution of a Lease Agreement with Youth71Five Ministries for use of former Fire Station #2 located at 1241 8th Street.
Mr. Zimmerman provided the staff report, noting Council previously approved the lease of Fire Station #2 to Youth71Five Ministries (previously Rogue Valley Youth for Christ) and this ordinance completes the process.
Council discussed whether their previous direction was to sell or lease the building. Mr. Sjothun explained that Council had planned to sell the building and that Youth71Five Ministries should be able to purchase the building before the end of 2019.
Council continued to discuss whether to sell or lease the property and the possibility of including restrictions through a deed covenant. Ms. Cooper advised that the proposed lease agreement included the ability to purchase the building; therefore the sale could occur without a separate public hearing. 
Public hearing opened.
a.   Matt Sweeney, Youth71Five Ministries, thanked Council for the opportunity to lease and potentially purchase the property. The organization is developing remodeling plans that will allow three separate organizations to operate at the same time. 
Council discussed a potential deed covenant on the property with Mr. Sweeney.  He was concerned about the organization losing their investment in the purchase/remodel if they were restricted from selling the property.
Mr. Zimmerman clarified Youth71Five Ministries was purchasing the property at real market value, not a discounted rate.  Typically covenants are used on property sold for a discounted rate. 
Public hearing closed.
Motion:  Move to approve a lease to Youth71Five Ministries of surplus property of former Fire Station #2 upon Federal authorization to use CDBG funds.
Moved by:  Kevin Stine                                                    Seconded by:  Kay Brooks
Councilmembers Stine and D’Alessandro voiced appreciation of the organization.
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered. 
50.    Approval or Correction of the Minutes of the January 17, 2019 Regular Meeting and the January 31, 2019 Special Meeting
         There being no additions or corrections, the minutes were approved as presented.
60.    Consent Calendar
70.    Items Removed from Consent Calendar
Mayor Wheeler declared a recess at 7:44 p.m.
* * * * * * * * * * * * * *
The Meeting reconvened at 7:58 p.m. with the same members present.
80.    Ordinances and Resolutions
         80.1     COUNCIL BILL 2019-08 A resolution adopting a sixth Supplemental Budget for the 2017‑19 biennium.
         Chief Financial Officer Ryan Martin provided a staff report advising the supplemental budget recognized and appropriated funds received from legal claims and to fund a part-time person in the Human Resources department. 
Motion:  Approve the resolution.
Moved by:  Dick Gordon                                                  Seconded by:  Tim D’Alessandro
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, and Zarosinski voting yes; Councilmember Stine voting no.
Motion carried and so ordered. 
90.    Council Business
         90.1     Proclamations issued:  Veterans Suicide Awareness Month 
         90.2     Committee Reports and Communications
a.   Councilmember D’Alessandro noted that code enforcement of blighted commercial properties will be scheduled for a study session.
b.   Councilmember Brooks spoke regarding the limitation/elimination of number of car lots downtown to promote area revitalization and development.
Motion:  Direct staff to pursue rezoning to prohibit car lots in a specific area, to be determined.
Moved by:  Kay Brooks                                                    Seconded by:  Clay Bearnson
Councilmember D’Alessandro clarified that car lots within the designated area would not be required to leave the rezoned area. Councilmember Brooks confirmed that statement and added that if an existing car lot changed ownership, it would be required to leave that location.
Councilmember Zarosinski voiced concerns about restricting one type of business, questioned its legality and suggested a review of all zoning downtown.
Mr. Sjothun and Planning Director Matt Brinkley advised that these changes would take significant staff time. Mr. Brinkley added that car lots are allowed in most commercial zones and eliminating them downtown could be accomplished through an overlay. Staff would need to review the current zones allowing car lots, change the zoning in that area, then revise the permitted use of that zone. Permitted use changes are processed through the Site Plan and Architectural Commission. 
Councilmember Bearnson remarked that eliminating car lots could promote culture, people, housing and new businesses in the downtown area.
Councilmember Brooks clarified her intent was to promote revitalization in the downtown area. She isn’t against car lots, but preferred them to be located elsewhere. She commented on the positive neighborhood changes in her area after lots were replaced with other commercial businesses. She recommended staff explore rezoning options for the area north of Stewart and south of McAndrews. 
Amended motion: High level review of changes in zoning to the downtown area, in consideration of redevelopment potential and community vision.  The topic to be brought back to the City Council as a start of the review process and possibly further action.
Moved by:  Michael Zarosinski                                         Seconded by:  Dick Gordon
Mr. Brinkley noted that staff is reviewing zoning in various areas and any changes could be incorporated in those findings. Processing zone changes takes six months minimally. 
Roll call on amended motion:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine and Zarosinski voting yes.
Motion carried and so ordered. 
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine and Zarosinski voting yes.
Motion carried and so ordered.  
Motion: Appoint Eric Stark to the Hospital Facilities Authority Board.
Moved by:  Tim D’Alessandro                                          Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark,  Stine and Zarosinski voting yes.
Motion carried and so ordered. 
Motion:  Appoint Eric Stark as the alternate Council representative to the Rogue Valley Council of Governments.
Moved by: Tim D’Alessandro                                           Seconded by: Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine and Zarosinski voting yes.
Motion carried and so ordered. 
c.     Councilmember D’Alessandro stated he attended Medford Water Commission meeting and discussed the Jordan Cove pipeline. The Commission will remain neutral on the topic.
        Council discussed the topic and provided opinions regarding whether to publicly support the matter. Councilmember Brooks spoke extensively about other local agencies voicing opposition to the project.
Motion: Direct staff to draft a letter echoing the concerns and questions put forth by Jackson County Commissioners.
Moved by: Kay Brooks                                                     Seconded by: Clay Bearnson
Councilmember Gordon noted the state land board has two criteria; the City does not meet either. Councilmembers Bearnson and Poythress both stated they could see both sides of the issue, and outlined their opinions for and against the motion.
Councilmember Brooks stated the City’s public opposition would support the surrounding communities that are against the project.
Roll call:  Councilmembers Bearnson and Brooks voting yes; Councilmembers D’Alessandro, Gordon, Poythress, Stark, Stine and Zarosinski voting no.
Motion failed. 
d.     Councilmember Poythress stated that TravelMedford is applying for an FAA grant to open the airline routes and service to new cities and requested a letter supporting their efforts.
e.     Councilmember Bearnson noted the Arts Commission was still working on the mural in Vogel Plaza, but there are various issues, including funding, Planning Commission approval, working with the artist, completing before Pear Blossom and its content.
Motion: Direct staff to bring back to Council, either in a study session or as a City Manager report, a review of the policies developed tonight with Item 40.1.  I suggest a nine-month period instead of the six months previously discussed. The report should include both the successes and issues, to determine potential Code revisions.
Have staff develop, as part of the permit policy, coordination with COC [Continuum of Care] to register persons utilizing the program. The policy would not require that agencies register the participants, only to incorporate the recommendation into the permit policy provided.
Moved by:    Michael Zarosinski                                             Seconded by:  Kevin Stine
Roll call:  Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine and Zarosinski voting yes.
Motion carried and so ordered. 
f.     Councilmember Stine recommended the sale proceeds from Fire Station #2 go toward the receivership program.  Mr. Sjothun noted the funds will be brought forward in a supplemental budget for Council approval.
g.     Mayor Wheeler outlined his understanding of the Vogel Plaza mural. Mr. Sjothun added the mural was part of a City employee innovation program.
100.  City Manager and Staff Reports
         100.1   Logo & Branding – Kristina Johnsen
Community Relations Coordinator Kristina Johnsen outlined the history of the logo revision, presented updated color options for the logo and two City seal designs.
Motion:  Adopt the logo presented “as is” with option C, implementing the color green Pantone 375c as shown on the exhibit provided.
Moved by:  Alex Poythress                                                Seconded by:  Tim D’Alessandro
Roll call: Councilmembers Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine and Zarosinski voting yes; Councilmember Bearnson abstaining.
Motion carried and so ordered. 
Motion:  Adopt Option B for the City of Medford seal.
Moved by:  Alex Poythress                                                Seconded by:  Tim D’Alessandro
Roll call: Councilmembers Brooks, D’Alessandro, Gordon, Poythress, Star and Stine voting yes; Councilmembers Bearnson and Zarosinski voting no.
Motion carried and so ordered.  
Councilmember Gordon recommended the addition of “Oregon” in documentation.
         100.2   Emergency Management Update – Melissa Cano
Melissa Cano provided an update on the emergency management plan. The City is starting a citywide campaign entitled the “Do 1 Thing Initiative”. One emergency management tip will be publicized each month. The first tip is “make a plan”.   The information and forms will also be used by the County. 
         100.3   House Bill 4006 Reporting – Matt Brinkley
Planning Director Matt Brinkley reported that HB 4006 requires the City of Medford report the total number of dwelling units permitted and produced.
         100.4   Further reports from City Manager: None.
110.  Adjournment
There being no further business, the meeting adjourned at 9:02 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.
Winnie Shepard, CMC
Deputy City Recorder

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