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Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, May 21, 2020

MINUTES
May 21, 2020

6:00 P.M.
Medford City Hall, Council Chambers
411 W. 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 (via phone; arrived at 6:10 p.m.), Tim D’Alessandro, Dick Gordon, Alex Poythress, Eric Stark, Kevin Stine, Michael Zarosinski; City Manager Brian Sjothun, Deputy City Manager Kelly Madding, City Attorney Rick Whitlock, Deputy City Recorder Winnie Shepard, Planning Director Matt Brinkley and Acting Chief Financial Officer Lorraine Peterson
        
20.  Recognitions, Community Group Reports
       None.
                    
30.  Oral Requests and Communications from the Audience
None.
 
40.  Approval or Correction of the Minutes of the May 7, 2020 Regular Meeting
       Approved as presented.
        
50.  Consent Calendar
         50.1     COUNCIL BILL 2020-59
A resolution setting the public hearing date and initiating annexation to the City of Medford of approximately 424 acres of property located south of Juanipero Way, west of North Phoenix Road, and north of the planned extension of South Stage Road, to include the full width of the easterly adjacent right-of-way along North Phoenix Road between Juanipero Way and the future extension of South Stage Road. The proposed annexation would change the County zoning designations of Exclusive Farm Use (EFU) and Rural Residential 2.5 to the City’s SFR-00 (Single-Family Residential –1 dwelling unit per existing lot) holding zone designation and would remove the property from Medford Rural Fire Protection District #2. (ANNX-19-003)
 
         50.2    COUNCIL BILL 2020-60
A resolution setting the public hearing date and initiating annexation to the City of Medford of approximately 79.6 acres of property located approximately 640 feet to the east of Springbrook Road, between Owen Drive and Coker Butte Road, and approximately 186 feet of the abutting right-of-way along Coker Butte Road.  The proposed annexation would change County zoning designations of Exclusive Farm Use (EFU) to the City SFR-00 (Single-Family Residential -1 dwelling unit per existing lot) holding zoning designation and would remove the property from Medford Rural Fire Protection District #2.  (ANNX-20-094)
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                   Seconded by:  Dick Gordon
Roll call: Councilmembers Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills 2020-59 and 2020-60 were approved.
        
60.  Items Removed from Consent Calendar
50.3    COUNCIL BILL 2020-61
      An ordinance authorizing execution of an agreement between the City of Medford and the International Association of Fire Fighters (IAFF) Local 824 employees, concerning wages, hours, fringe benefits, and other working conditions from July 1, 2020, through June 30, 2023.
 
Councilmember D’Alessandro noted his appreciation for the Fire Department and the Human Resources Department in reaching this agreement.
 
Motion:  Approve Council Bill 2020-61.
Moved by:  Kevin Stine                                                   Seconded by:  Dick Gordon
Roll call: Councilmembers Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bill 2020-61 approved.
 
70.  Ordinances and Resolutions
       None.
 
80.  Public Hearings
         80.1     COUNCIL BILL 2020-57
                     CONTINUED – An ordinance proclaiming annexation to the City of Medford of approximately 33.68 acres of property located at the northwest corner of South Stage Road and Kings Highway and the full width of adjacent rights-of-way along the properties; changing the zoning designation of the property from Exclusive Farm Use (EFU) to Single-Family Residential (SFR-00, one dwelling unit per lot) zoning district; and removing the property from Medford Rural Fire Protection District #2. (ANNX-19-002) Land Use, Quasi-Judicial; Planner: Carla Paladino, Carla.paladino@cityofmedford.org
 
                     City Attorney Rick Whitlock stated that there were three consecutive seven-day, open record periods to allow for public participation. The first period was for general public comment, the second period was to respond to the comments submitted in the first period and the third period provided the applicant’s statutory right to submit legal arguments. There were no public comments made in the first public hearing and the applicant waived his right to rebuttal. The public hearing can be closed and the matter is ready for a deliberation and decision.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                        Seconded by:  Kevin Stine
 
Councilmember Gordon noted he received complaints about flooding in that area.  Councilmembers Gordon and D’Alessandro voiced concerns about the roads/traffic in the area as well.
 
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bill 2020-57 approved.
 
80.2    COUNCIL BILL 2020-62
                     An ordinance repealing Sections 9.701, 9.702, 9.703, 9.704, 9.705, 9.706, and 9.707, of the Medford Municipal Code, pertaining to Flood Damage Prevention Regulations and Flood Insurance Maps adding Chapter 13, Environmental Health and Safety, to the Medford Municipal Code; and adopting the 2019 Oregon DLCD Model Floodplain Ordinance, as modified, by adding Sections 13.005, 13.010, 13.015, 13.020 and 13.025 to the Medford Municipal Code. (DCA-20-040) Land Use, Legislative; Planner: Carla Paladino, Carla.paladino@cityofmedford.org
 
                     Mr. Whitlock advised that these code amendments were being adopted pursuant to federal regulation and were not a land use matter. He emphasized that this matter could not be appealed to LUBA.
 
                     Planning Director Matt Brinkley presented the staff report. These revisions create a new Code Chapter 13 for environmental health and safety and does not revise the flood plain maps.  The substantial change is to require one foot of freeboard above base flood elevation. 
 
                     Mr. Brinkley noted the City distributed 1500 notifications. He summarized for Council the written comments received from Celinda Adair, Heather Morton, Doug Olson, Michaela Begg and Nathan Ruf.
 
                     These Code revisions do not have negative impact to residents within the floodplain areas. It could reduce flood insurance premiums by up to 20%.
 
                     Councilmember Zarosinski noted that the term “water course” is not defined and there are multiple references to development regulations within a water course.
 
Public hearing opened.
No one spoke.  
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kay Brooks                                                  Seconded by:  Tim D’Alessandro
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-62 was duly adopted.
 
80.3    COUNCIL BILL 2020-63
                     An ordinance amending Section 10.012, 10.185, 10.421, 10.482, 10.924, and 10.925 of the Medford Municipal Code, and adding Section 10.503, pertaining to Shared-Use Paths. (DCA-18-112) Land Use, Legislative; Planner: Sara Sousa, sara.sousa@cityofmedford.org
                    
                     Mr. Brinkley provided the staff report stating establishing design standards would simplify the development of the paths throughout Medford. Planning Commission approved this revision and recommended Council approval.
 
                     Council discussed whether the Code should specify the difference between a sidewalk and a shared path as property owners are responsible for sidewalk maintenance. Mr. Brinkley clarified that typically these paths are along higher-level streets, and the City maintains sidewalks and paths on those streets.
 
Public hearing opened.
         No one spoke.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Alex Poythress
 
Councilmember Stark questioned whether Council was approving this code amendment as worded or bringing back language clarifying the difference between a sidewalk and a multi-use path. 
 
Mr. Whitlock opined that the proposed language is not clear as to when an adjacent private property owner would be responsible for maintaining these paths.
 
Motion:  Continue Council Bill 2020-63.
Moved by:  Kevin Stine
 
Mr. Whitlock called a point of order, noting the pending motion should be finalized or withdrawn. Councilmembers Stine and Poythress withdrew their motion to approve the ordinance.
 
Motion:  Continue Council Bill 2020-63 to the second regularly scheduled meeting in June.
Moved by:  Kevin Stine                                                   Seconded by: Alex Poythress
 
Councilmember Stine stated the continuance was to include clarification language regarding the responsibility for maintenance.
 
Councilmember Gordon voiced concerns about developers using different terminology for these paths. He pointed out that a path in the Cedar Landing area and Larson Creek Trail are both near private residences and requested more information on the paths in these areas. 
 
Councilmember Stine incorporated the concerns of Councilmember Gordon into his motion.
 
Roll call: Councilmembers Bearnson, D’Alessandro, Gordon, Poythress, Stark and Stine voting yes; Councilmembers Brooks and Zarosinski voting no.
Motion carried and so ordered.
 
80.4    COUNCIL BILL 2020-64
                     A resolution adopting the fifth Supplemental Budget for the 2019-21 biennium. Acting CFO: Lorraine Peterson, Lorraine.peterson@cityofmedford.org
 
Acting CFO Lorraine Peterson presented the staff report. This supplemental budget transferred funds from contingency for the small business grants.  The balance would be spent at Council’s discretion. She explained that a public hearing is required for transfers of more than 15% of contingency.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Dick Gordon                                                Seconded by:  Kevin Stine
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Resolution 2020-64 was duly adopted.
 
90.  Council Business
       90.1     Proclamations issued
                     None.
                    
         90.2    Committee Reports and Communications
                     a.   Council Officers Update
                           Councilmember Stine reported that special Council meeting would be held June 11 for the purpose of approving CDBG CARES funding for ACCESS, Community Works, Center for Non-Profit Legal Services and childcare.
 
                           Councilmembers will individually determine the caterer for meetings based on seniority.
 
                           The City was able to ask for a match of $98k for COVID related expenses.
                          
                     b.   COVID-19 Small Business Grant Program
                                       COUNCIL BILL 2020-65
A resolution authorizing creation and operation of a COVID-19 Small Business Grant program with an additional $125,000 from the Council Vision Fund.
 
                           Mr. Sjothun stated that this request was the result of the direction from the May 14 study session.              
 
Motion: Approve the Council Bill 2020-65.
Moved by:  Dick Gordon                                                Seconded by: Tim D’Alessandro
 
Councilmember Stine advised that the other vision fund requests would be discussed at a later date. Mr. Sjothun added that the County is also working to secure small business funding from the state to be administered through SOREDI.
 
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
100. City Manager and Staff Reports
100.1  Mr. Sjothun advised the City is seeking reimbursement from the state through the CARES Act.  The City has determined approximately $190k would qualify for this for reimbursement, including $80k spent from the vision fund. The state requires a federal funding certification signed by the City Manager and approval by Council. 
 
Motion:  Authorize City Manager Brian Sjothun to sign and submit a federal funding certification to the State of Oregon.
 
Mr. Sjothun clarified that any state reimbursement will be credited toward the account from which it was spent.
 
Moved by:  Dick Gordon                                                      Seconded by: Kevin Stine
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
                    
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 7:25 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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