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Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, July 16, 2020

MINUTES
July 16, 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, Dick Gordon, Eric Stark, Kevin Stine and Michael Zarosinski; City Manager Brian Sjothun, City Attorney Rick Whitlock, Deputy City Recorder Winnie Shepard; Planning Director Matt Brinkley, Police Chief Scott Clauson
 
Councilmembers Brooks, D’Alessandro and Poythress were absent.
        
20.  Recognitions, Community Group Reports
       20.1   Employee Recognitions
                     The following employees were recognized for years of service: Roger Thom from Public Works; Dan Buchanan, Kevin Geller, David Herick, George Ramsey, Sean Schmidt,                        Kevin Watt, and Bryan Baumgartner from the Fire Department.
 
       20.2   Employee of the Quarter
                     Parks, Recreation and Facilities Park Technician Matt Carvalho was recognized as Employee of the Quarter.
 
       20.3   Quarterly Travel Medford Update – Eli Matthews
                     Travel Medford Senior Vice President Eli Matthews presented a PowerPoint and noted significant impacts of COVID on area travel revenue, including the loss of two of their staff members. (PowerPoint attached.)
 
30.  Oral Requests and Communications from the Audience
30.1       Reilly Nycum, Ashland, submitted written testimony in support of the temporary, transitional housing campground.
 
30.2       Jim Yarbrough, Ashland, submitted written testimony outlining his suggestions to increase support for the homeless.
 
30.3       Alison Duren-Sutherland submitted written testimony supporting the temporary campground and outlined suggestions to increase support for the homeless.
 
30.4       Maig Tinnin, Medford, submitted written testimony supporting the temporary campground and outlined suggestions to increase support for the homeless.
 
30.5       Jayden Becker submitted written testimony supporting the temporary campground and outlined suggestions to increase support for the homeless.
 
30.6       Trish Castillo, Medford, outlined suggestions to increase support for the homeless and commented on various statements made by Councilmembers during the July 2, 2020 meeting.
 
30.7       Robert Burstein, Medford, reported the negative impact to his property from the illegal camping, parking, vandalism and the homeless around the bottle drop recycling center. Councilmember Gordon explained various efforts the bottle drop facility has made to prevent the issues.
 
30.8       Dominique Toyer spoke regarding homelessness, racism, mental illness and other issues in the area and requested more support from the Council on these matters. 
 
30.9       John Schleining, Medford, thanked the Council and staff for their work on the Wes Howard Memorial Park.
 
40.  Approval or Correction of the Minutes of the July 2, 2020 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
50.  Consent Calendar
         50.1     COUNCIL BILL 2020-93
                     A RESOLUTION ratifying the Mayor’s Administrative Order dated July 9, 2020 for a Third Extension of a Local State of Emergency in the City of Medford as a Result of COVID-19 Pandemic in effect through September 30, 2020.
 
         50.2    COUNCIL BILL 2020-94
                     AN ORDINANCE authorizing execution of an Intergovernmental Agreement with the Medford Water Commission (MWC) for providing miscellaneous services during Fiscal Year 2020-2021.
 
         50.3    COUNCIL BILL 2020-95
                     A RESOLUTION setting the public hearing date and initiating annexation to the City of Medford of approximately 66.75 acres located south of Coal Mine Road and east of North Phoenix Road, and including the half-width of approximately 1500 feet of the abutting Coal Mine Road right-of-way.  The proposed annexation would change the County zoning designation of Exclusive Farm Use (EFU) to the City holding zone designation of Single Family Residential – 1 Dwelling Unit per Lot (SFR-00) with the Exclusive Agricultural (E-A) Overlay and would remove the property from Medford Rural Fire Protection District #2. (ANNX-20-079)
 
         50.4    COUNCIL BILL 2020-96
                     AN ORDINANCE approving a contract in the amount of $1,462,792.35 to Central Pipeline, Inc. to construct the Oregon Hills Detention and Water Quality Facility, an 11.6 acre-foot stormwater detention basin. 
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                   Seconded by:  Dick Gordon               
Roll call: Councilmembers Bearnson, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills approved: 2020-93, 2020-94, 2020-95 and 2020-96
 
60.  Items Removed from Consent Calendar
         None.
 
70.  Ordinances and Resolutions
         70.1     COUNCIL BILL 2020-86 – CONTINUED FROM JUNE 18, 2020
                     An ORDINANCE amending sections 8.751, 8.752, and 8.755 of the Medford Municipal Code (MMC) related to car rental taxes.
 
Motion:  Adopt the ordinance.
Moved by:  Kevin Stine                                                   Seconded by: Dick Gordon
 
City Attorney Rick Whitlock requested the record reflect that a letter was submitted by the American Car Rental Association and stated that he had not changed his legal opinion previously provided to Council.
             
Roll call: Councilmembers Bearnson, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-86 was duly adopted.
 
80.  Public Hearings
80.1 COUNCIL BILL 2020-97
                     AN ORDINANCE approving a minor amendment to the Medford Comprehensive Plan to modify the open space requirements found in the Neighborhood and Urbanization Elements of the Comprehensive Plan for the Rogue Valley Manor’s Centennial golf course properties located south of Juanipero Way and west of North Phoenix Road. (Tax lots 371W33 700, 801, 900, 1000, 1100, and 1200; 381W04 100 and 101; 371W33CA 2000 and 371W3CD 4700). (CP-20-134) Land Use, Legislative
 
Mayor Wheeler advised that this item is a quasi-judicial matter and not legislative.
 
Planning Director Matt Brinkley provided the staff report and presented a PowerPoint regarding this minor amendment to the Medford Comprehensive Plan. (PowerPoint attached.)  He clarified that the amendment to the Comprehensive Plan was specific to Centennial area as outlined on page 35 of the agenda packet. This amendment was to ensure the open space requirements and prevent the entire area from being developed.
 
Mr. Whitlock reiterated that Council Bill 2020-97 was a quasi-judicial hearing and outlined the quasi-judicial hearing process.
 
Public hearing opened.
 
Mayor Wheeler advised that Council must disclose any ex parte communication, the nature of the contact and whether it would bias their opinion in this matter. Councilmember Zarosinski stated that a neighboring property owner contacted him regarding the layout of his property and a small “orphan” strip of property from a previous development.  Mr. Zarosinski said he did not believe this contact would bias his vote.
 
  1. Clark Stevens, Richard Stevens & Associates, representing the Rogue Valley Manor spoke and concurred with the City’s position and the Manor preferred that the entire property not be developed.
 
  1. John Schleining distributed handouts and noted he has property adjoining this property.  He voiced concerns regarding the extension of Golf View through his property and the threat of City condemnation.
 
Mayor Wheeler interjected stating that Mr. Schleining’s testimony did not appear to relate to this Council public hearing regarding open spaces. Mr. Whitlock concurred. Mr. Schleining noted that his attorneys requested that he read his statement into the record for 80.1 80.2 and 80.3. He was advised to read his statement during the next item, which more closely matched his topic.
 
Public hearing closed.
 
Motion:  Approve the ordinance modifying the text in the Neighborhood and Urbanization Elements related to the open space requirements on the Centennial Golf Course properties.
Moved by:  Kevin Stine                                                   Seconded by: Dick Gordon                                                                              
Roll call: Councilmembers Bearnson, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-97 was duly adopted.
 
         80.2    COUNCIL BILL 2020-98
                     AN ORDINANCE approving an amendment to the Medford Comprehensive Plan, to adopt an Urbanization Plan for planning unit MD-5f into the Neighborhood Element for ten tax lots located south of Juanipero Way and west of North Phoenix Road. (Tax lots 371W33 700, 801, 900, 1000, 1100, and 1200; 381W04 100 and 101; 371W33CA 2000 and 371W3CD 4700). (UP-19-004) Land Use, Legislative
 
Mr. Brinkley provided the staff report and presented a PowerPoint regarding this minor amendment to the Medford Comprehensive Plan. (PowerPoint attached.) He noted The TSP and the comprehensive plan only address higher-order streets. The TSP would need to be amended to adopt the change to Golf View.
 
Mr. Whitlock clarified that the entrance at the north is not being moved from the TSP to the proposed urbanization plan. The TSP is being amended to more accurately represent the actual development of higher-order streets.
 
Public hearing opened.
 
  1. Brian McLemore, Pacific Retirement Services, thanked the Council for their work. He stated Juanipero was moved and redesigned to have one street crossing and it will be underneath the major street. The majority of the proposed development includes an active adult community. There will also be some commercial development and possibly include some multi-family workforce housing.
 
Mr. McLemore believed that the Rogue Valley Manor and Pacific Retirement Services would develop the active adult community jointly and intended to begin immediately. The parameters of the multifamily/workforce housing units have not yet been determined. A PUD will be created and some parcels will be sold. Councilmember Gordon voiced concerns that creating a PUD and selling parcels could create a development which differs from the plan.
 
  1. Clark Stevens from Richard Stevens & Associates, representing the Rogue Valley Manor, explained that all the requirements for the development have been met. He outlined the layout of the streets.
 
  1. John Schleining continued his previous explanation outlining his objections to the City’s condemnation of his property for the development of Golf View. He is willing to sell that property to the developers. He read a statement into the record.
 
  1. Bruce Bauer voiced concerns regarding the utility locate markings along LaLoma Street for this development. He stated that his property had been painted and that he did not receive notice of the utility extension.
 
  1. Mr. McLemore spoke on rebuttal, noting his project met the requirements in the TSP.
 
Public hearing closed.
 
Motion:  Approve the ordinance adopting the Urbanization Plan identified (Exhibit A-3) into the Comprehensive Plan per the Council report dated July 8, 2020, including all exhibits (A-WW), along with the condition to record the Open Space Deed Restriction.
Moved by:  Kevin Stine                                                   Seconded by: Eric Stark               
 
Mr. Whitlock indicated for the record that the information provided by Mr. Schleining may not be applicable or relevant to the criteria in this proceeding. The TSP currently provides for the connection Mr. Schleining is challenging and the criteria require that this application and the urbanization plan  be consistent to the TSP. Mr. Schleining’s objections would be more appropriate at the zoning or subdivision level during the review of connectivity. Mr. Whitlock advised that Council could strike Mr. Schleining’s testimony from the record if they wished. Mr. Schleining’s testimony was not removed from the record.
 
Roll call: Councilmembers Bearnson, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-98 was duly adopted.
 
* * * *

Mayor Wheeler called a recess at 7:57 p.m.

 

Meeting reconvened at 8:16 p.m. with the same members present.

 
* * * *
 
         80.3    COUNCIL BILL 2020-99
AN ORDINANCE proclaiming annexation to the City of Medford of 424 acres of property located south of Juanipero Way, west of North Phoenix Road, and north of the planned extension of South Stage Road, and including the full width of the easterly adjacent North Phoenix Road right-of-way between Juanipero Way and the future extension of South Stage Road; changing 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 removing the property from Medford Rural Fire Protection District #2. (ANNX-19-003) Land use, Quasi-Judicial
 
Mr. Brinkley provided the staff report and presented a PowerPoint regarding this annexation of 424 acres into the City of Medford. (PowerPoint attached.)
 
Councilmember Zarosinski reiterated his ex parte contact mentioned under 80.1.
 
Public hearing opened.
 
  1. Clark Stevens from Richard Stevens & Associates, representing the Rogue Valley Manor, briefly noted the property location and noted that the project is in compliance with the provisions for annexation.
 
  1. John Schleining stated he wasn’t in opposition to the development, but believed his property should be purchased and not condemned. He disagreed that the development was in compliance with the requirements. 
 
Public hearing closed.
 
Councilmember Stine questioned whether this agenda item related to either condemnation or TSP issues. Mr. Brinkley clarified that it did not.
 
Motion:  Adopt the ordinance authorizing the annexation of property and adjacent right-of-way located at the SW corner of Juanipero Way and North Phoenix Road.
 
Moved by:  Kevin Stine                                                   Seconded by: Eric Stark    
Roll call: Councilmembers Bearnson, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-99 was duly adopted.
 
90.  Council Business
         90.1     Proclamations issued
                        Parks and Recreation Professionals Day – July 17
                    
         90.2    Committee Reports and Communications
 
Out of Sequence
 
Motion:  Appoint Amy Kahl to a business position on the Parking Committee with a partial term beginning immediately and ending 2021 and appoint Tiffany Perez to a business position on the Parking Committee with a partial term beginning immediately and ending January 31, 2023.
Moved by:  Clay Bearnson                                             Seconded by: Kevin Stine     
Roll call: Councilmembers unanimously approved.
Motion carried and so ordered.
 
                     b.   Site Plan & Architectural Commission Appointment
                           Councilmember Stine clarified that both positions are at large.
 
Councilmembers stated their preference for these positions as a motion.
 
Councilmember Bearnson voted for McClay and Zelmer.
Councilmember Gordon voted for McClay.
Councilmember Stark voted for McClay and Zelmer.
Councilmember Stine voted for McClay and Zelmer.
Councilmember Zarosinski for McClay and Zelmer.
Mayor Wheeler abstained.
Paul McClay and Chris Zelmer were appointed to the Site Plan and Architectural Commission with terms beginning immediately and ending January 31, 2021.
 
                     a.   Council Officers Update
                           Council President Stine outlined the information discussed during the evening’s Council Officers meeting: Southern Oregon University Small Business Development Center received grant funding for an event that cannot be held. They will provide alternatives for Council’s consideration.  Councilmembers should notify staff if they are interested in attending the League of Oregon Cities (LOC) conference.  
 
                     c.   Committee Reports and/or Communications
                           None.
 
100. City Manager and Staff Reports
100.1   Multicultural Commission Direction
City Manager Brian Sjothun spoke about the City’s efforts to promote diversity and the need for direction to the Multicultural Commission.  After discussion, it was decided to discuss the topic during the September 10 City Council study session.
 
Police Chief Scott Clauson outlined various outreach efforts of the Medford Police Department and the collaborative meetings throughout the valley.
 
Councilmember Gordon appreciated the demographic statistics but suggested a workforce comparison for a more accurate representation. Councilmember Bearnson requested a report outlining Medford’s demographics.
 
100.2  Mr. Sjothun reminded Council of the upcoming LOC conference and to notify staff if they wish to attend.
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 8:50 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
 
PowerPoints attached:
   Travel Medford
   80.1 Minor amendment to Medford Comprehensive Plan
   80.2 Amendment to the Medford Comprehensive Plan to
   80.3 Annexation of 424 Acres
 

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