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Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, September 17, 2020

MINUTES
September 17, 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, Dick Gordon, Eric Stark, Kevin Stine, Michael Zarosinski*; Councilmembers Tim D’Alessandro and Alex Poythress were absent. *Arrived as noted.
 
City Manager Brian Sjothun; City Attorney Rick Whitlock; City Recorder Karen Spoonts
        
20.  Recognitions, Community Group Reports
         20.1     Employee Recognitions
                     Justin Ivens, Deputy Police Chief, was recognized for his years of service. Police Sergeant Brent Mak and City Recorder Karen Spoonts were recognized in their retirement. Spoonts was also awarded the Oregon Association of Municipal Recorders Recorder of the Year Award.
 
*Michael Zarosinski arrived.
 
         20.2    Medford Parks and Recreation Foundation Scholarship Presentation
                     Parks and Recreation Director Rich Rosenthal stated the City received a $10K donation presented by Raul Woerner from the Foundation for the City’s scholarship fund. This will help dozens of Medford families afford childcare.
 
         20.3    SOREDI Quarterly Report – Colleen Padilla
                     Colleen Padilla of SOREDI presented the quarterly report.
 
         20.4    ODOT Quarterly Report – Gary Leaming
                     Gary Leaming of ODOT presented the quarterly report on items such as the Foothill roundabout and ADA upgrades.
        
30.  Oral Requests and Communications from the Audience
         Mayor Wheeler presented a proclamation on behalf of Constitution Week.

 
 
         30.1    Emily Mostue of Dunbar Farms talked about city regulations that don’t compliment farms in city limits. They recently received a $4,000 monthly bill and were charged back on 24-month utility bills. She is asking for the elimination of the 24-month back charge of utility fees, a 100% reduction of storm water charge, and be able to be grandfathered regarding mowing. They will mow once the growing season has been completed. Councilmember Gordon asked staff to provide additional information.
 
         30.2    Bob Shand, Medford, spoke about a RFP for $3,800,000 for architectural and engineering services for the pool. The $60 million dollar pool is too expensive.
 
         30.3    Thomas Boraff, talked about a potential Greenway fire hazard and 100 tents in Hawthorne Park. 
 
         30.4    Josh Bossard, Gold Hill, spoke about the Hawthorne Park issue and future Greenway improvements for a bike path near his home. He requested action be taken on the Greenway.
 
         30.5    Ben White, agreed about taking care of the homeless issues in Hawthorne Park.
 
         30.6    Shana Beck, Medford, spoke about those living at Hawthorne Park, some due to the fire.
 
         30.7    Meg Tinnin, Medford, spoke about the safety issues at Hawthorne Park.
 
         30.8    Trinity Ariel, Medford, stated the recent fire came along the Greenway and left many looking for another place to live.
 
         30.9    Elizabeth White, Medford, spoke about Hawthorne Park no longer being safe for children. She noted there are shelters for those who lost their home.
 
         30.10  Russell Stewart, Medford, talked about the outreach he has done regarding the recent fire, about the issues taking place in the park, and those at Hawthorne Park are not from here.
 
         30.11  Ray Ann Reich, Medford, expressed concern with enforcement pertaining to the homeless.
 
         30.12  Barbara Beers, Medford, agreed pertaining to the issues at Hawthorne Park and lack of supervision.
 
         30.13  Tara Short, Medford, urged Council to do something about Hawthorne Park.
 
         30.14  Dan Kosmatka, Medford, asked Council to do something about the homeless.
 
         30.15  Jacob Terando, Medford, thanked Council for their leadership to help those in Hawthorne.
 
         30.16  Amelia Hartman, talked about Hawthorne Park and has not seen much hostility.
 
         30.17  Robert Coplen, Central Point, requested that whatever is done concerning the homeless is done with respect and care.
 
         30.18  Michael Workman, Medford, spoke about the homeless at Hawthorne and how we can help.
 
         30.19  Pastor Nick Hines, Family Life Church, stated the people staying at Hawthorne Park are not our homeless population.
 
         30.20  Randell Embertson, Medford, stated the citizens of the valley are responding to the homeless at Jackson County fairgrounds.
 
         30.21  Trevor Emptage, White City, stated we are all sinners, read from the Holy Bible, and stated we all need Jesus Christ.
 
         30.22  Randi Vigil, Medford, stated humans deserve to live and they have been helping a lot of people at Hawthorne Park.
 
         30.23  Sarah Shelman, Central Point, supports the Medford Police trying to do their job at Hawthorne Park. There are places for the homeless at Jackson County Expo.
 
         30.24  Victoria Wood, Ashland, supports the homeless at Hawthorne Park.
 
         30.25  Toren McKnight, Central Point, supports those at Hawthorne Park.
 
         30.26  Melissa Jones, Medford, supports those at Hawthorne Park.
 
         30.27  Keith LaHaie, Central Point, expressed concern with the homeless at Hawthorne Park and requested support for the Police.
 
Councilmember Gordon requested we cut off those speaking as we need to get to items on the agenda. It was decided to let those only in the building speak.
 
         30.28  Christine Rackley, Central Point, did not think Hawthorne Park was a place for the homeless.
 
         30.29  Melissa Mayne, Compassion Highway, did not support those at the park as they are not those who use their services.
 
         30.30  Rebecca Knutson, Medford, expressed concern with the homeless staying at Hawthorne Park and requested a safe place for them to stay.
 
         30.31  Teresa Jordan, Medford, expressed concern with the homeless situation at Hawthorne Park.
 
         30.32  Robert Shelman, Central Point, thanked those who have helped the community regarding the fire. He stated the homeless should be moved to the Expo due to services offered.
 
         30.33  Tom Smurzynski, Central Point, stated he does not feel safe at Hawthorne Park.
 
         30.34  William Hebert & son, Medford, stated Hawthorne Park has gotten out of control. Families are no longer there and people are bused here from other cities.
 
         30.35  Aleah Avela, stated homeless families are not together.
 
         30.36  Tara Mardoll, Central Point, supported the mutual aid for the Hawthorne Park.
 
         30.37  Ben Harriff, Medford, asked Council to do what is best to serve those in need.
 
         30.38  Inez Dooney, Central Point, spoke about issues at Hawthorne and support the men and women in blue.
 
         30.39  Reg Dooney, Central Point, spoke about the issues in Seattle and how it is here in Medford.
 
         30.40  Emily Mann, Central Point, spoke about how hotels, etc. are full. She urged Council to develop a plan based on equity.
 
         30.41  Jake Berriger, Medford, expressed concern with the homeless at Hawthorne Park.
 
Mayor Wheeler read a statement stating the City does not endorse unregulated tent camping and unlawful activities at Hawthorne Park.
 
**********
 
Mayor Wheeler called a recess at 8:27 p.m.; the meeting resumed at 8:37 p.m. with the same members present except Clay Bearnson.
 
**********
 
40.  Approval or Correction of the Minutes of the September 3, 2020 Regular Meeting and the September 10, 2020 Special Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
50.  Consent Calendar
         50.2    COUNCIL BILL 2020-119
A RESOLUTION ratifying the Mayor’s Administrative Order dated September 10, 2020 for a Fourth Extension of a Local State of Emergency in the City of Medford as a Result of COVID-19 Pandemic in effect through November 3, 2020.
 
         50.3    COUNCIL BILL 2020-120
                     AN ORDINANCE approving a three-year service agreement contract in the amount of $225,012.33 with Cartegraph for work order tracking software.
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                                   Seconded by:  Dick Gordon
Roll call: Bearnson, Brooks, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills approved: #2020-119, and 120.     
                      
60.  Items Removed from Consent Calendar
         50.1     COUNCIL BILL 2020-118
                     A RESOLUTION authorizing the issuance, sale, execution and delivery of limited tax revenue refunding bonds in one or more series, in an amount sufficient for the purpose of refunding all or a portion of certain outstanding obligations of the City and paying costs of issuance of such bonds; authorizing a pledge of the full faith and credit of the City; authorizing the execution and delivery of financing, legal and disclosure documents and such other agreements, certificates and documents as may be necessary and appropriate to carry out the refunding transaction; designating authorized representatives and delegating authority; and related matters.
 
Deputy City Manager/Chief Financial Officer Ryan Martin stated this is for the refinancing of the current bonds in order to save money.
 
Motion:  Approve Resolution 2020-118
Moved by:  Kevin Stine                                                   Seconded by:  Eric Stark
Roll call:  Brooks, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
        
70.  Ordinances and Resolutions
 
80.  Public Hearings
         80.1     COUNCIL BILL 2020-121
                     A RESOLUTION adopting the Seventh Supplemental Budget for the 2019-2021 biennium resulting in a $7,976,569 increase in appropriations for the 2019-2021 biennium. 
 
                     Deputy City Manager/Chief Financial Officer Ryan Martin presented the staff report.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Kevin Stine                                                   Seconded by: Kay Brooks
Roll call: Brooks, Gordon, Stark, Stine, and Zarosinski voting yes.
Resolution #2020-121 was duly adopted.
 
         80.2    COUNCIL BILL 2020-122
                     AN ORDINANCE approving an amendment to the Medford Comprehensive Plan, to adopt the Urbanization Plan for planning unit MD-5e into the Neighborhood Element for eight tax lots located east of North Phoenix Road and south of Coal Mine Road. (Tax lots 5000, 5001, 5002, 5100, 5200, 5201 and 5300 of 37-1W-34; and 300 of 38-1W-03). (UP-20-78) (Land Use, Legislative)
 
                     Principal Planner Carla Paladino presented the staff report stating the Planning Commission recommended approval.
 
                     Councilmember Zarosinksi questioned if open space was counted in the density; staff noted it is not. Councilmember Gordon questioned if those who filed this have to mandate that they are not included in the annexation. Paladino noted there are two separate issues; all property owners have applied for the urbanization plan; those interested in annexation have consented separately. Those not currently annexing can update or change the urbanization plan over time if necessary. Councilmember Gordon questioned what utilities are required; Paladino noted that utilities are not required as part of the Comprehensive Plan amendment. Paladino noted future streets will stop at the property lines, including utilities. Properties not willing to annex would not have to add curb and sidewalks. City Attorney Whitlock noted urbanization plans do not have to be annexed in until a later date. They could remain under County jurisdiction. The City has some responsibility of land use planning as it is anticipated they will ultimately be annexed into the City.
 
Public hearing opened.
Clark Stevens, Richard Stevens & Associates, stated they are requesting a minor adjustment to reduce the commercial area as the zoning district falls into the center of the road. The other owner does not want to annex for about 10-15 years and has been part of the process from the beginning.
 
Councilmember Stine questioned what the open space will be used for; Mr. Stevens noted it will probably be a public park or open space. He noted there are wetlands in the area as well.
 
Mayor Wheeler noted the preferred road would connect with the Centennial Golf Course entry; Mr. Stevens noted that is the preferred choice.
Public hearing closed.
        
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Michael Zarosinski
Roll call: Brooks, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance #2020-122 was duly adopted.
        
80.3    COUNCIL BILL 2020-123
                     AN ORDINANCE proclaiming annexation to the City of Medford of approximately 66.75 acres of property located east of North Phoenix Road and south of Coal Mine Road, and approximately 1500 feet of the abutting half right-of-way along Coal Mine Road.  The proposed annexation would change County zoning designation of Exclusive Farm Use (EFU) to City holding zoning designation of SFR-00 (Single-Family Residential - 1 dwelling unit per existing lot) with the Exclusive Agricultural (E-A) overlay, and would remove the property from Medford Rural Fire Protection District #2.  (ANNX-20-079) (Land Use, Quasi-Judicial)
 
                     Principal Planner Carla Paladino presented the staff report.
 
                     Councilmember Gordon questioned if there is any impact to North Phoenix Road; Paladino noted we already annexed North Phoenix Road. She stated the property owner would have to improve part of the street on North Phoenix Road. Councilmember Gordon was concerned about creating an enclave and questioned if they would be taking services from the City. Paladino noted this is quasi-judicial and the proposal meets the criteria. Planning Director Brinkley noted there is nothing in City Code or State law from prohibiting an enclave. He stated staff will avoid the Swiss cheese of enclaves that the City previously had. Whitlock noted that under State law, an enclave annexation with residential use is not finalized until 3-10 years after Council approval. Councilmember Stark questioned the trail requirements and exclusive agricultural overlay zones; Paladino stated the cross section of North Phoenix includes an off-street bicycle lane that will suffice for the trail segment and the exclusive agricultural overlay is permitted within the code and appropriate here. Other types of overlays include historic and industrial.
 
Public hearing opened.
Clark Stevens, Richard Stevens & Associates, stated this application is in compliance with the code. He noted this would create an enclave, but we can’t force a property owner to annex. He noted the bike path is part of the parks plan. This will connect two major facilities together.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Eric Stark
 
Councilmember Gordon will abstain as this would create an enclave. He did not think this would be developed soon.
 
Roll call: Stark, Stine, and Zarosinski voting yes; Brooks and Gordon abstained.
Ordinance #2020-123 was duly adopted.
 
90.  Council Business
       90.1     Proclamations issued
                        Constitution Week – September 17 – 23, 2020
                    
         90.2    Committee Reports and Communications
                     a.   Council Officers Update by Council President Stine
  • County requested a MOU regarding staff assistance for the homes/businesses lost from the recent fire. Kelly Madding will be the Recovery Plan Coordinator until the County hires a full time person.
  • Pedestrians who are crossing Main to Hawthorne are not obeying traffic safety rules. Councilmember Zarosinski stated we need a jaywalk sting.
  • Councilmember Stine thanked police and firefighters for all they have done.
  • City Manager Sjothun has been updating Council via texts and this should only be a one way communication.
  • Our send off for City Recorder Karen Spoonts has been a four hour meeting.
  • The police do not feel supported by Council and Stine did not know where that is coming from. He didn’t think anyone on Council has a negative opinion of Medford Police.
 
                     b.   Committee Reports and/or Communications
                            None.
              
100. City Manager and Staff Reports
       100.1   Bail for Medford Municipal Court Citations
Senior Assistant City Attorney Katie Zerkel stated Council had directed staff to work with Judge Haberlach to look into high bail amounts entered on criminal citations issued to defendants. Staff met with police and Judge Haberlach to discuss bail amounts and alternatives in Medford Municipal Court.  In order to limit confusion and provide the most accurate information, Judge Haberlach wants to remove the bail amounts from criminal citations and instead have “MUST APPEAR” written on the citation. To do this, the City would utilize the Oregon Uniform Citation and Complaint, as opposed to the City form currently being used.
 
Councilmember Stine thanked staff for the solution they came up with. Zerkel noted it has been confusing to her and this is a better situation for our citizens.
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 9:45 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.
 
 
 
 
Karen M. Spoonts, MMC
City Recorder
 
 

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