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Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, November 05, 2020

MINUTES
November 5, 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), Tim D’Alessandro, Dick Gordon, Alex Poythress (arrived at 6:46 p.m.) Eric Stark, Kevin Stine, Michael Zarosinski; City Manager Brian Sjothun,  City Attorney Rick Whitlock, Acting City Recorder Winnie Shepard
        
20.   Recognitions, Community Group Reports
         20.1      Employee of the Quarter
Item continued to the November 19, 2020 meeting.
 
         20.2     Rogue Disposal & Recycling, Inc. Update
Manager Garry Penning and Community and Governmental Affairs Manager Laura Leebrick from Rogue Disposal & Recycling, Inc. provided an update: The annual leaf pickup begins the week of November 9, 2020, they are working with local agencies regarding the pickup of debris from the recent fires and a price increase begins January 1.
 
         20.3     Downtown Medford Association Update
                     Christian Nelson and Ryan Robertson, Downtown Medford Association, reported on downtown activities and thanked the City Council for supporting their efforts.
 
                     The upcoming beautification efforts have been modified to reduce vandalism. Mr.  Robertson noted that the executive director hiring process is nearly complete. The association is working with local agencies to support City events and downtown beautification.
        
30.   Oral Requests and Communications from the Audience
30.1     Danielle Atkinson, Medford, Manager of Rogue Grape Downtown and representing Bricktowne, voiced concerns regarding the continuation of outdoor seating during the winter weather.
 
30.2     Trish Castillo, Medford, requested additional services and the need for additional shelters for homeless, especially during the upcoming inclement winter weather.
 
40.  Approval or Correction of the Minutes of the October 17, 2019 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
50.   Consent Calendar
         50.1      COUNCIL BILL 2020-131
A RESOLUTION setting the public hearing date and initiating annexation to the City of Medford of approximately 1.92 acres located on the north side of Stewart Avenue approximately 330 feet west of Cherry Street. The Jackson County zoning designation of RR‑2.5 (Rural Residential, 2.5 acre minimum) will be changed to the City SFR-00 (Single Family Residential, one dwelling unit per existing lot) zoning district and the property will be removed from Medford Rural Fire Protection District #2. (ANNX-20-271)
 
            City Attorney Rick Whitlock advised that that Council Bill 2020-131 was a not a quasi-judicial matter.
 
         50.2     COUNCIL BILL 2020-132
AN ORDINANCE authorizing execution of a Settlement Agreement in the City of Medford v. Argonaut Insurance Group, et al., and Northland Insurance Company litigation.
 
Motion:  Adopt consent calendar.
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.  Council Bills 2020-131 and 2020-132 were approved.
 
60.  Items Removed from Consent Calendar
         50.3     COUNCIL BILL 2020-133
A RESOLUTION approving and adopting the City’s 2020 Tax and Continuing Disclosure Policy (Finance Policy Number 7100), which will replace the current Bond Policy (Administrative Regulation 320).
 
Deputy City Manager/Chief Financial Officer Ryan Martin clarified that the $60 million in bonds are tax exempt. He advised that 85% of the $60 million must be spent during the next three years, but the property is estimated to be complete by that time.  Mr. Martin explained that tax exempt bonds are subject to arbitrage yield limitations to prevent borrowers from reinvesting the funds to earn interest.
 
Motion:  Approve the resolution.
Moved by:  Dick Gordon                                         Seconded by:  Kevin Stine                                                                          
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bill 2020-133 was approved.
 

 
 
70.  Ordinances and Resolutions
         70.1      COUNCIL BILL 2020-134
AN ORDINANCE approving a 10-year Naming Rights Agreement, between Rogue Credit Union and the City of Medford, for naming-rights and advertising and promotional opportunities at the Medford Sports and Events Complex.  
 
Parks, Recreation and Facilities Director Rich Rosenthal providing the staff report. The agreement provides Rogue Credit Union exclusive advertising and two days of exclusive access to the center per year. The first payment will arrive the first year of the building, 2023.
 
City Manager Brian Sjothun explained that the contract includes a reference to fourth grade children because a study had indicated that fourth grade was the ideal age for learning to swim.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                                 Seconded by:  Eric Stark
 
Councilmember D’Alessandro thanked everyone who helped with the project.
    
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-134 was duly adopted.
 
80.  Public Hearings
         80.1      COUNCIL BILL 2020-135
                     AN ORDINANCE amending sections 10.012, 10.018, 10.314, 10.337, and 10.819A, of the Medford Municipal Code pertaining to temporary and non-temporary shelters. (DCA‑20‑243) (Land Use, Legislative)
 
                     Principal Planner Carla Paladino presented a PowerPoint regarding the proposed amendment.  (PowerPoint attached.)
 
*Councilmember Poythress arrived.
 
Ms. Paladino noted this amendment included criteria for temporary, non-temporary and severe event shelters.
 
Deputy Fire Marshal Tanner Fairrington clarified that the term “severe event shelter” was used because the term “emergency shelter” was already defined in the Municipal Code. He explained that severe event shelters fill the gap between temporary shelters and the declaration of an emergency.
 
 
Public hearing opened.
            No one spoke.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Eric Stark                                              Seconded by:  Tim D’Alessandro
 
Councilmember Bearnson stated he did not support this motion because it required a conditional use permit (CUP) and believed that the City should make the approval process easier. He suggested the Planning Commission and the Council be more inclusive when planning the future of our community and consider the future of our housed as well as our unhoused, vulnerable population. 
 
Councilmember Zarosinski stated he supported the motion and the proposal addressed the special standards and residential requirements. He noted that during his service on the Planning Commission he did not recall a project delay due to the CUP permit process and the permit provides an opportunity for public feedback.
 
Councilmember Gordon noted there was little input from local agencies and recalled the CUP process taking four to six months.
 
Councilmember D’Alessandro supported this motion and appreciated that the CUP process provides the public an opportunity to provide comment and noted the Council hasn’t received many requests for these types of shelters.
 
Councilmember Stark stated that Council only received a response to the proposed amendment from Connie Wilkerson from the Continuum of Care.  Due to the lack of input by local non-profit agencies, he supported the motion.
  
Deputy City Attorney Eric Mitton advised that the temporary shelters were opened and allowed to operate without a CUP during the Almeda Fire because of Mayor’s declaration of an emergency.
 
Councilmember Brooks did not support the motion because of the CUP requirement. She stated the area is in a state of emergency regarding the City’s growing homeless population.
    
Roll call: Councilmembers D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes; Councilmembers Bearnson and Brooks voting no.
Ordinance 2020-135 held for second reading.
 
         80.2     COUNCIL BILL 2020-136
                     AN ORDINANCE amending sections 10.012, 10.108, 10.110, 10.142, 10.162, 10.168, 10.202, 10.702, 10.703, and 10.714, and adding Section 10.171 of the Medford Municipal Code, related to multi-family development standards and the application process for pad lot development and platting.  (DCA-20-127) (Land Use, Legislative)
 
                     Planning Director Matt Brinkley presented a PowerPoint regarding this Code amendment. (PowerPoint attached.)  He explained that a pad lot was a single property with multiple units and a shared common area. Pad lots encourage multi-family development by small developers.  
 
Public hearing opened.
            No one spoke.
Public Hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                           Seconded by:  Alex Poythress                                                                  
Roll call: Councilmembers Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
         Ordinance 2020-136 was duly adopted.
 
         80.3     COUNCIL BILL 2020-137
AN ORDINANCE approving an amendment to the Medford Comprehensive Plan, to adopt the Urbanization Plan for planning unit MD-4 into the Neighborhood Element for five tax lots located east of Foothill Road, north of Hillcrest Road, and south of McAndrews Road.  (Tax lots 101, 300, and 301 of 37-1W-21D; and 500 and 501 of 37‑1W‑22). (UP-20-209) (Land Use, Legislative)
 
Ms. Paladino presented a PowerPoint regarding this Code amendment. (PowerPoint attached.) She noted that this property is required to maintain a specific amount of open space.
 
Public hearing opened.
 
Councilmember Stark disclosed that he had represented an owner in this development, but he did not have a conflict of interest.
 
Applicant’s Agent Raul Woerner, CSA, spoke about the proposed development, the amenities planned and noted that the developers were moving forward with the development, and there is a multifamily unit included in this development.
 
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                           Seconded by: Alex Poythress                                                                  
Roll call: Councilmembers D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Councilmembers Bearnson, Brooks and Gordon voting no.
Ordinance 2020-137 held for a second reading.
 
Mayor Wheeler advised that the applicant for Council Bill 2020-138 had requested a continuation to January 21, 2021. Mr. Whitlock advised that the hearing should open to allow attendees to speak on the matter as noticed. The hearing will remain open until the continuation date.
 
80.4    COUNCIL BILL 2020-138
AN ORDINANCE proclaiming annexation to the City of Medford of approximately 230.75 acres of property located northeast of North Foothill Road and Hillcrest Road, and including the abutting public rights-of-way along Hillcrest Road and McAndrews Road and a strip of public land abutting McAndrews Road. The County zoning designations of Exclusive Farm Use (EFU) and Open Space Reserve (OSR) will be changed to the City’s SFR-00 (Single Family Residential -1 dwelling unit per existing lot) holding zone, along with the E-A (Exclusive Agricultural) overlay;   the Historic Preservation Overlay will be applied to the 6.6 acres that comprise the Hillcrest Orchard Historic District as listed on the National Register of Historic Places; and the properties will be removed from Medford Rural Fire Protection District #2. (ANNX-20-210) (Land Use, Quasi-Judicial)
 
Mr. Whitlock advised that Council Bill 2020-138 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 Stark stated that he had represented an owner in this development, but he did not have a conflict of interest.
 
Applicant’s Agent Raul Woerner, CSA, explained the continuance was requested because the property line adjustments had not been completed.
 
Public hearing closed.
 
Motion:  Continue Council 2020-138 to January 21, 2021 and the hearing shall remain open.
Moved by:  Kevin Stine                                           Seconded by: Alex Poythress                                                                  
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bill 2020-138 will be continued to January 21, 2021
 
90.  Council Business
         90.1      Proclamations issued
                        Veterans Day – November 11, 2020
                    
         90.2     Committee Reports and Communications
                     a.   Council Officers Update
 
Councilmember Stine advised that a Council orientation will be held January 9, 2021, Railroad Park improvements could be considered for 420 funds and that Boards and Commissions interviews are scheduled for November 30, December 2 and December 7.   
     
100. City Manager and Staff Reports
         100.1    Community Planning Assistance for Wildfire (CPAW) Recommendation
Councilmember Stine made the following motion in follow up to the wildfire mitigation strategy recommendations considered during the October 22, 2020 study session.
 
Motion:  Direct staff to undertake the staff recommended actions 1 through 4 identified on page 3 of the staff memo dated October 15, 2020 and to bring back findings and recommended action items for review and consideration by the Council. [Memo attached.]
Moved by:  Kevin Stine                                           Seconded by: Tim D’Alessandro
 
Councilmember Poythress questioned the benefit of designating the Greenway as a wildfire mitigation area. Ms. Paladino noted the Greenway’s vegetation provided a path for fire to travel and the purpose was to create a plan and begin management of the area.
    
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Councilmember Stark requested a MURA executive session on November 12, 2020 after the City Budget Committee meeting to discuss real property transactions.
 
110.  Adjournment
         There being no further business, this Council meeting adjourned at 8:11 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
Acting City Recorder
 

PowerPoints attached:
80.1  Temporary shelters PowerPoint
80.2  Pad lots PowerPoint
8
0.3  Comprehensive Plan amendment PowerPoint
90.2  October 15, 2020 memo 

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