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Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, August 06, 2020

MINUTES
August 6, 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*, Tim D’Alessandro, Dick Gordon, Eric Stark, Kevin Stine, Michael Zarosinski; City Manager Brian Sjothun, City Attorney Rick Whitlock, Police Chief Scott Clauson, Deputy Public Works Director/City Engineer Alex Georgevitch, Deputy City Attorney Eric Mitton, Planner III Dustin Severs, Planning Director Matt Brinkley, Deputy City Recorder Winnie Shepard; Councilmember Alex Poythress was absent.
 
20.  Recognitions, Community Group Reports
         20.1     Citizen Awards
                     Citizen William Patrick Finch was honored by Police Chief Scott Clauson for his quick actions during a recent police incident.  Mr. Finch acknowledged the assistance and heroism from Cory Cushing, who wasn’t able to attend.
 
30.  Oral Requests and Communications from the Audience
30.1    Kyle Kearns, Medford, distributed a letter from AFSCME Local 2621, which was placed into the record. (See attached.) He asserted that the City violated two sections of the labor contract, Section 16.1 (10-days’ notice required before any reduction in force) and Section 16.2 (volunteers should be sought before any reduction in force). If additional layoffs occurred in the future, he stressed that the contract should be followed and that AFSCME is willing to collaborate with the City.
 
30.2    Trish Castillo, Medford, stated she did not believe the Police Department’s Livability Team was effective and outlined the impact of mental illness and homelessness.
 
*Councilmember Brooks left the meeting 6:16 p.m. and returned at 6:17 p.m.
 
40.  Approval or Correction of the Minutes of the July 16, 2020 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
50.  Consent Calendar
         50.2    COUNCIL BILL 2020-101
                     AN ORDINANCE authorizing execution of a 2019-2020 Community Development Block Grant (CDBG) funding agreement with Compass House in the amount of $170,674 to renovate the commercial kitchen in the Compass House Clubhouse public facility located at 37 N. Ivy Street in Medford.
 
         50.3    COUNCIL BILL 2020-102
                     AN ORDINANCE authorizing execution of a grant agreement with the Housing Authority of Jackson County in the amount of $310,000 in Community Development Block Grant funds for the Homeowner Repair Program.
 
         50.4    COUNCIL BILL 2020-103
                     A RESOLUTION approving a modification to the 2019-2020 Biennium General Fund Grant in the amount of $5,000 to the Small Business Development Center of Southern Oregon University. 
 
         50.5    COUNCIL BILL 2020-104
AN ORDINANCE authorizing payment of $140,699.72 to MCS Property Holdings, LLC  for Street System Development Charge Credits resulting from dedication of right-of-way on East McAndrews Road and Crater Lake Avenue.  (AC-19-058)
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                   Seconded by:  Kay Brooks
 
Councilmember Gordon requested the removal of 50.1.
 
City Attorney Rick Whitlock noted for the record a revision to the agenda information for Council Bill 2020-102.  On page 11 of the packet, the section entitled Timing Issues references Compass House but should be the Housing Authority of Jackson County.
 
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills 2020-101, 2020-102, 2020-103, 2020-104 approved.
 
60.  Items Removed from Consent Calendar
         50.1     COUNCIL BILL 2020-100
                     AN ORDINANCE authorizing execution of a funding agreement with St. Vincent de Paul granting $248,691 in federal funds available through the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help provide rental assistance to eligible Medford residents that have experienced or anticipate a COVID-related hardship.
 
Councilmember Stine noted that Marshall Doak from the Small Business Development Center was in the audience. 
 
Councilmember Gordon requested the deletion of the second paragraph under Previous Council Actions, on Page 4 of the agenda, as it references direction provided to staff during a Council Officers meeting and not during a Council meeting.
 
Motion:  Remove the second paragraph from the Previous Council Actions from the Agenda Item Commentary for Council Bill 2020-100.
Moved by: Dick Gordon                                                 Seconded by:  Kevin Stine
 
Councilmember Stine clarified whether Councilmember Gordon also wished to approve Council Bill 2020-100 with his motion. Councilmember Gordon confirmed.
 
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bill 2020-100 approved.
 
70.  Ordinances and Resolutions
         70.1     COUNCIL BILL 2020-105
AN ORDINANCE authorizing execution of a revocable permit for private use of certain public rights-of-way for Kids Unlimited of Oregon, an Oregon nonprofit corporation. 
 
Motion:  Approve the ordinance.
Moved by:  Dick Gordon                                                Seconded by: Kay Brooks
 
Councilmember Gordon requested a staff report.  Deputy Public Works Director/City Engineer Alex Georgevitch stated that the map included in the agenda packet outlined the proposed area. Approving the ordinance would allow the installation of fencing and minimize use of the alley. Notification letters were sent to nearby property owners.
             
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-105 was duly adopted.
 
Councilmember Brooks recommended a flashing crosswalk light at Edwards crossing Riverside and creating a school zone around Kids Unlimited. Council discussed the lack of school zones around some charter schools and day care facilities.
 
Motion:   Direct staff to research the installation of a flashing crossing zone and school zone designation around Kids Unlimited.
Moved by:  Kay Brooks                                                        Seconded by:  Tim D’Alessandro
 
Councilmember Stine questioned whether the motion addressed all schools or just Kids Unlimited. Councilmember Brooks preferred all schools, but particularly Kids Unlimited.
 
Amended Motion:   Amend motion to include all schools.  
Moved by:  Kevin Stine                                                         Seconded by:  Kay Brooks
Roll call on amendment: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Roll call on main motion: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
         70.2    COUNCIL BILL 2020-106
AN ORDINANCE amending section 2.582 of the Medford Municipal Code (MMC) related to the Qualifications Based Selection process for architects, engineers, land surveyors, photogrammetrists, transportation planners and providers of related services.
Deputy City Attorney Mitton provided a staff report advising that this ordinance would allow the City the option of considering pricing as up to 15% of the scoring process. It also revises the informal or direct award contracts to $250k commensurate with the state threshold.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by: Kay Brooks                                                                               
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-106 was duly adopted.
 
80.  Public Hearings
         80.1     COUNCIL BILL 2020-107
AN ORDINANCE changing the name of Hoosegow Lane, which extends west from Nebraska Drive in southeast Medford and terminates in a cul-de-sac, to Frontier Court.  (Land Use, quasi-judicial) (SN-20-118)
Mr. Whitlock advised that Council Bill 2020-107 was a quasi-judicial hearing and outlined the quasi-judicial hearing process.
 
Planner III Dustin Severs presented a PowerPoint regarding the name change. (See attached.)  If approved, various agencies will be contacted to update the change in their records.
 
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.
Surveyor Bob Neathamer, representing the applicant, stated the application complied with all the criteria and requested approval of the name change.
 
                     Public hearing closed.
 
Motion:  Approve Council Bill 2020-107.
Moved by:  Kevin Stine                                                   Seconded by: Dick Gordon                                                                              
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-107 was duly adopted.
 
80.2    COUNCIL BILL 2020-108
AN ORDINANCE amending sections 10.142 and 10.228, and adding Section 10.159A of the Medford Municipal Code, related to the removal of Public Utility Easements.  (Land Use, Legislative) (DCA-19-013)
Planning Director Matt Brinkley presented a PowerPoint regarding this Code amendment. (See attached.) He noted that if approved, the matter will return on August 20 with an updated fee schedule.
 
*Councilmember Brooks left the meeting at 6:48 p.m. and returned at 6:52 p.m.
 
Public hearing opened.
 
Mr. Neathamer spoke in opposition to this ordinance and agreed with the position of the County and City Surveyors. He stated that public utility easements are dedicated to the public for public use and should be vacated in the same manner as a street.
 
Public hearing closed.

 

Council discussed public utility easements. Mr. Whitlock explained that these easements are different than other easements as they are created to allow public utility companies to access their service lines and not typically used by the public.  The City’s development process requires the creation of public utility easements regardless of whether the easements are needed. The Code amendment would create a simpler process to remove unnecessary public utility easements that are not and will not be used.

 

Motion:  Approve Council Bill 2020-108.
Moved by: Kevin Stine                                                    Seconded by: Eric Stark
 
Amended Motion:  Include Exhibit F with the suggestions and recommended changes from the City Surveyor to be reviewed and determine whether those amendments should be made to the text.
Moved by: Eric Stark                                                       Seconded by: Dick Gordon
 
After discussion, Council preferred continuing this topic to the September 3 meeting to allow staff time to review the City Surveyor’s recommendations.  
 
Councilmember Stark withdrew his motion to amend and his second on the main motion.
             
Motion: Move to continue Council Bill 2020-108 to the September 3, 2020 meeting to provide staff time to review the recommendations of the City Surveyor.
Moved by: Kevin Stine                                                    Seconded by:  Michael Zarosinski
 
Councilmember Gordon questioned whether the path from Chrissy Park to Prescott Park was a public utility easement and would be removed. Mr. Whitlock advised that most Pacific Power easements are privately held and he did not believe this amendment would impact that particular easement.
 
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
90.  Council Business
         90.1     Proclamations issued
                        None.
 
         90.2    Committee Reports and Communications
 
Out of sequence.
 
               d. Mayor Wheeler noted that former Mayor Lindsay Berryman’s husband passed away.
 
Motion:  Direct staff to purchase a plaque from WinterSpring in honor of Jim Berryman.
Moved by: Kevin Stine                                                    Seconded by:  Michael Zarosinski                                                                         
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
e.   Councilmember Stine reminded Council of a discussion from the Medford Urban Renewal Board’s study session on July 31.
 
Motion:  Join the Medford Urban Renewal Agency’s initiative to analyze the segments of 4th Street and Jackson Street within the Urban Renewal District; the City will pay the incremental cost of expanding the study area beyond the Urban Renewal District Boundary to include the segment of Jackson Street from Hawthorne Street to Crater Lake Avenue.
Moved by:  Kevin Stine                                                   Seconded by: Michael Zarosinski                                                                         
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
b.   Pro-Tem Judge Appointment
 
Motion:  Appoint William Schireman as a Municipal Court pro tem judge with a term beginning immediately and ending January 31, 2023.
Moved by:  Kevin Stine                                                   Seconded by: Tim D’Alessandro
Roll call: Councilmembers Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes; Councilmember Bearnson voting no.
Motion carried and so ordered.
 
f.    Mayor Wheeler recommended Mike Smith’s appointment to the Medford Water Commission.
           
Motion:  Appoint Mike Smith to the Medford Water Commission a term beginning immediately and ending January 31, 2025.
Moved by:  Kevin Stine                                                   Seconded by: Tim D’Alessandro
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
a.   Council Officers Update
      Councilmember Stine advised that Councilors interested in attending the NLC conference should contact staff by September 15.
 
      Staff anticipates multiple small cell franchise agreements, but Councilmember Stine did not believe additional study sessions were needed.
 
      At Councilmember Stark’s request, a specific time for a tour of the urban campground will be set; Councilors can also make arrangements for individual tours.
 
      Next week’s Budget Committee meeting will be held via Zoom.
 
c.   Committee Reports and/or Communications
 
Back in sequence.
 
         90.3    League of Oregon Cities Survey
President Stine advised that Council’s preferences for the League of Oregon Cities were mental health services delivery, housing and services investment, property tax reform, low-income energy efficiency and affordability programs.
 
Motion:  Approve the Council’s preferences for the League of Oregon Cities legislative priorities. 
Moved by:  Dick Gordon                                                Seconded by:  Kevin Stine
 

City Manager Brian Sjothun noted that Councilmember Bearnson’s request to oppose the beer and cider tax would be included in next week’s study session discussion.  He explained that “mental health services delivery” was broadly defined by the League of Oregon Cities and included drug and alcohol addiction, and mental health treatment.
 
Councilmember Bearnson recommended that some funding be devoted toward regional CAHOOTS.
             
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
100. City Manager and Staff Reports
         None.
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 7:35 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


Attachments:
AFSCME Letter
80.1  Street Name Change PowerPoint
80.2 Code Amendment - Public Utility Easements PowerPoint

 

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