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Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Thursday, September 03, 2020

September 3, 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, Deputy City Manager Kelly Madding, City Attorney Rick Whitlock, Deputy City Recorder Winnie Shepard
Councilmember Alex Poythress was absent.
20.   Recognitions, Community Group Reports
20.1    Chief Scott Clauson presented a PowerPoint regarding recent Greenway cleanup efforts. He advised that the Medford Police Department (MPD) follows all state notification requirements for cleanups.
           Due to COVID, people have been sheltering in place along the Greenway. The area is not designed for camping, and an extensive amount of garbage and debris have accumulated in specific areas.
           Chief Clauson advised that MPD is not issuing citations or checking warrants during the area cleanups.
           Chief Clauson invited the Council and the public to participate in a cleanup event on September 12, 2020 with MPD’s livability team and multiple community partners. City Manager Brian Sjothun requested that the City Council provide staff direction on the procedure for future cleanups after that event.
20.2    Fire Chief Eric Thompson introduced the City’s Emergency Management Coordinator Aaron Ott and outlined his work experience.
Out of sequence.
         90.1      Proclamations issued:
Mayor Wheeler read the Emergency Preparedness Month proclamation into the record.
Council discussed the eradication of the Himalayan blackberry within the City of Medford. Chief Thompson explained that although the plant has been designated as a noxious weed, staff is unable to enforce removal requirements as the plant is not included within the Municipal Code.  Mr. Sjothun advised that the matter will come back to Council in the future. 
Back in sequence.
30.   Oral Requests and Communications from the Audience
30.1        Gary Sumrak, Medford, spoke in opposition to the Circle K project on the corner of Springbrook and McAndrews and asked Council to stop the project.
40.  Approval or Correction of the Minutes of the August 20, 2020 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
50.   Consent Calendar
Mayor Wheeler noted that Councilmembers could ask questions regarding Consent Calendar items without removing them for consideration.
         50.1      COUNCIL BILL 2020-113
                     An ordinance amending Section 2.441 of the Medford Municipal Code pertaining to the Medford Community Development Grants Commission.
         50.2     COUNCIL BILL 2020-114
                     An ordinance accepting transfer of ownership of Pear Blossom Park by Bargain & Sale Deed for zero dollars consideration, from the Medford Urban Renewal Agency.
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                    Seconded by: Tim D’Alessandro
Councilmember Brooks requested the removal of Agenda Item 50.3 to receive a staff report.
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills 2020-113 and 2020-114 were approved.     
60.  Items Removed from Consent Calendar
         50.3     COUNCIL BILL 2020-115
                     A resolution approving a modification to the 2020 Council Vision Fund Grant in the amount of $100,000 to Kid Time Children’s Museum for a “Preschool Scholarship Fund”.
                     Deputy City Manager Kelly Madding provided a staff report, noting that Kid Time’s Executive Director Sunny Spicer requested the modification to include children older than preschool age to qualify for the scholarship assistance.
Motion:  Approve Council Bill 2020-115.
Moved by:  Kay Brooks                                                     Seconded by:  Eric Stark               
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Resolution 2020-115 was duly adopted.
70.  Ordinances and Resolutions
         70.1      COUNCIL BILL 2020-116
                     A resolution designating a maximum of $90,000 from Federal Coronavirus Relief Fund reimbursement monies to fund extended operation of the transitional housing campground to December 31, 2020.
                     Ms. Madding provided a staff report advising that Rogue Retreat has the capacity and is willing to extend the campground to December 31, 2020, and she has been working with the property owner to extend the land use agreement. Staff has been researching other viable sites, but it is difficult to find a paved lot in a suitable location.
Motion:  Approve Council Bill 2020-116.
Moved by:  Kevin Stine                                                    Seconded by: Kay Brooks
Councilmember Stark stated he had a conflict of interest and would abstain from the vote. Councilmember Zarosinski thanked staff for their work on this project. Councilmember D’Alessandro stated for the record that he supported this project, but would be voting no on this resolution due to the location’s limited access to transportation services.
Roll call: Councilmembers Bearnson, Brooks, Gordon, Stine, and Zarosinski voting yes; Councilmember D’Alessandro voting no; Councilmember Stark abstaining.
Resolution 2020-116 was duly adopted.
80.  Public Hearings
         80.1      COUNCIL BILL 2020-108 – Continued from August 6, 2020
                     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. (DCA‑19‑013). Land use, Legislative
                     Planning Director Matt Brinkley presented a PowerPoint and provided the staff report. He noted that City Surveyor Jon Proud did not support this amendment for reasons regarding the definition of a public place, square, street, etc. Mr. Proud requested various Code revisions while staff was proposing changes to this section.
Public hearing opened.
Jackson County Surveyor Scott Fein spoke in opposition of this Code amendment. He stated there are statutory regulations regarding the posting of notification of vacations, which require a resolution or order. He outlined the current process for plat map updates and voiced concerns about whether revising the Code would impact the ability to update those maps. Mr. Fein recommended continuing the current land use process to ensure proper notice and the required resolution or order.
City Attorney Rick Whitlock advised that he received an email from Mr. Fein outlining his objection. Mr. Whitlock opined that ORS 271 related to locations easily accessible to the public such as streets, avenues, plazas, etc., and Public Utility Easements (PUE) are typically accessed only by utility companies. Therefore ORS 271 does not apply to these easements. He explained that the Planning Director will issue an order and a resolution could be brought to Council, if required by the County. Mr. Whitlock also noted that staff would work with the County to ensure they received the required paperwork; if needed, staff can present a resolution for approval but a public hearing would not be required.  
Public hearing closed.
Council discussed the concerns voiced by Mr. Fein.  Mr. Brinkley noted that a quit claim deed is required to be filed with the County when the easements are removed. Council directed staff to work with the County to ensure they had the necessary documentation to update the plat maps.
Motion:  Approve Ordinance 2020-108 with the changes in the revised ordinance presented to Council in the staff report and during the staff presentation on September 3, 2020.
Moved by:  Kevin Stine                                                    Seconded by: Eric Stark
Council reiterated that staff should work closely with Jackson County to provide their required information. We can move forward and then work it out. It is important that they are recorded properly.  Mr. Whitlock noted for the record that the changes identified in the motion have been incorporated in the revised ordinance distributed on the dais.
 Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-108 as revised was duly adopted.
         80.2     COUNCIL BILL 2020-117
                     An ordinance establishing an application fee effective October 1, 2020 in the amount of $1,200 for the removal of Public Utility Easements under Medford Municipal Code Section 10.159A. (GF-20-242) Land use, Legislative
Mr. Whitlock noted that the agenda indicated it was land use legislative, but it is simply a legislative issue.
Mr. Brinkley presented a brief PowerPoint, noting this amendment eliminated many of the requirements for removing a PUE and therefore reduced the fees associated with those removals.
Public hearing opened.
No one spoke.
Public hearing closed.
Motion:  Approve Council Bill 2020-117.
Moved by:  Kevin Stine                                                    Seconded by: Kay Brooks  
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-117 was duly adopted.
90.  Council Business
       90.1      Proclamations issued:
            Mayor Wheeler read a proclamation honoring the Days of Service & Remembrance on September 11, 2020.
         90.2     Committee Reports and Communications
                     a.   Council Officers Update
                           Councilmember Stine stated that staff will determine whether fencing or cameras could be placed in the Railroad Park area to prevent crime and vandalism.
                           Council has received noise and trespass complaints regarding demonstrators on the corner of Riverside and 10th Streets. Mr. Whitlock advised that the City has very few rights to resolve this issue as demonstrators are protected pursuant to state and federal free speech laws.
                           Councilmember Stine requested an extension of the Boards and Commissions application period to November 10 and suggested conducting interviews via Zoom.
                           Councilmember Stine noted his appreciation of Councilmember Brooks’ childcare scholarship fund approved in Council Bill 2020-115.
                           Councilmembers and the Mayor of Roseburg toured Rogue Retreat, the City’s urban campground and Hope Village. Councilmember Brooks commented that Roseburg is in the process of implementing a CAHOOTS style pilot program and suggested Council learn from their efforts.
Out of sequence.
100. City Manager and Staff Reports
         100.1    2020-21 Legislative Policy Statements
Mr. Sjothun advised that these policy statements are the City’s guiding principles utilized for reviewing proposed legislation. He noted a new category was added regarding mental health services, and additional funding would be requested for mental health programs in our area.
Motion:  Approve the 2020-21 Legislative Policy Statements.
Moved by: Dick Gordon                                                   Seconded by: Tim D’Alessandro
Councilmember Stine stated the importance of providing our priorities to legislators.
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
100.2    Vision Fund Update
          Chief Financial Officer/Deputy City Manager Ryan Martin presented a PowerPoint regarding the Council’s vision fund, which will have a balance of about $842,000 for Council allocation in December.  It was noted that the undisbursed funds could be reallocated at Council’s discretion.
         90.2     Committee Reports and Communications
                     b.   Committee Reports and/or Communications
Councilmember Gordon noted that Matt Cavallero from RVCOG (Rogue Valley Council of Governments) is retiring after 22 years. The organization will be recruiting for the opening and he believed it was a well-paid position.
Councilmember D’Alessandro advised that the Medford Water Commission is working to increase the capacity at the Duff Treatment Plant, as it was expected to be more difficult to meet the needs.  The Commission is also considering selling a piece of property.
Back in sequence. 
110.  Adjourn to Executive Session
There being no further business, this Council meeting adjourned to an executive session at 7:49 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
   20.1    MPD Greenway Cleanups
   80.1    PUE Removal
   80.2    PUE Removal Fees
   100.2 Vision Funds

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