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Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, August 20, 2020

MINUTES
August 20, 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; Councilmember Poythress was absent.
 
City Manager Brian Sjothun; City Attorney Rick Whitlock; Deputy City Recorder Winnie Shepard
        
20.  Recognitions, Community Group Reports
       20.1   Employee Recognitions
                 Although not present, Norma Hollands, WRD Administrative Support Technician, was recognized for her years of service.
 
       20.2   Team Awards
Divya Fisher, Darrel Graham, and Emmily Greb were presented Team Awards for their puzzle piece shaped acrylic award.
                                               
       20.3   Friends of Medford Parks & Recreation Awards
Al Densmore, Dennis Murphy, Ed Singler, Cow Creek Band of Umpqua Indians, Table Rock Sports, and Rogue Valley BMX received awards and recognition as Friends of Medford Parks & Recreation.
 
30.  Oral Requests and Communications from the Audience
30.1    Shannon Housley, Medford, spoke regarding nuisances from a neighbor’s Airbnb. She requested assistance to remedy the situation.
 
30.2    Steve Fry, Fry Family Farms, voiced concerns regarding protesters with megaphones near the growers market.
 
30.3    Peter Turo, Phoenix, outlined his frustrations regarding the Governor’s COVID-19 safety requirements.
 
30.4    Dr. John Sanker, outlined a variety of health concerns he attributed to wearing the required face coverings.
 
 
40.  Approval or Correction of the Minutes of the August 6, 2020 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
50.  Consent Calendar
         None.
 
60.  Items Removed from Consent Calendar
         None.
 
70.  Ordinances and Resolutions
       70.1     COUNCIL BILL 2020-109
AN ORDINANCE granting to Cellco Partnership d/b/a Verizon Wireless, its successors and assigns, the non-exclusive privilege (“Franchise”) to use the public way to locate, construct, install, replace, operate and maintain facilities within the City of Medford.
 
City Attorney Rick Whitlock noted that franchise agreements ensure compliance with the small cell development standards established within the Code.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Tim D’Alessandro
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-109 was duly adopted.
 
         70.2    COUNCIL BILL 2020-110
                     A RESOLUTION authorizing the signing of checks, check-warrants and warrants of the City of Medford by Ryan Martin, as Chief Financial Officer, and Winnie Shepard, as Acting City Recorder of the City of Medford, effective October 1, 2020.
 
Motion:  Approve the resolution.
Moved by:  Tim D’Alessandro                                        Seconded by:  Kevin Stine
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Resolution 2020-110 was duly adopted.
 
Mayor Wheeler read a statement regarding public hearings.
 
80.  Public Hearings
         80.1     COUNCIL BILL 2020-63 - CONTINUED FROM MAY 21 AND JUNE 18, 2020
                     AN  ORDINANCE  amending  Sections 10.012, 10.185, 10.421, 10.482, 10.924, and 10.925  of  the  Medford  Municipal  Code,  and  adding Section 10.503, pertaining to Shared-Use Paths. (DCA-18-112) (Land use, Legislative)
 
                     Principal Planner Carla Paladino presented a PowerPoint outlining the proposed code amendments regulating shared-use paths. (PowerPoint attached.)
 
Public hearing opened.
 
            No one spoke.
 
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kay Brooks                                                  Seconded by:  Kevin Stine
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stark, Stine, and Zarosinski voting yes.
Ordinance 2020-63 was duly adopted.
 
80.2    COUNCIL BILL 2020-111
                     AN ORDINANCE approving an amendment to the Medford Comprehensive Plan, to adopt the Urbanization Plan for planning unit MD-3a into the Neighborhood Element for twelve tax lots located between Coker Butte Road and Owen Drive and east of Springbrook Road. (Tax lots 300, 400, 500, 600, 700, 800, 900 and 1000 of 37-1W-08; and 100, 200, 300 and 400 of 37-1W-08BA). (UP-20-95) (Land Use, Legislative)
 
*Councilmember Stark noted a conflict of interest with 80.2 and 80.3 and left the dais at 6:47 p.m.
 
                     Ms. Paladino presented a PowerPoint regarding the proposed amendment to the Medford Comprehensive plan. (PowerPoint attached.)
 
                     Councilmember Gordon voiced concerns regarding the traffic in the area, noting a lack of connector streets to Highway 62.
 
Public hearing opened.
 
                     Applicant Jay Harland, CSA Planning, spoke in favor of the amendment. He responded to Councilmember Gordon’s concern, noting that connectivity is planned for the development.
 
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Dick Gordon
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, and Zarosinski voting yes.
Ordinance 2020-111 was duly adopted.
 
         80.3    COUNCIL BILL 2020-112
                     AN ORDINANCE proclaiming annexation to the City of Medford of approximately 79.6 acres of property located approximately 640 feet to the east of Springbrook Road, between Owen Drive and Coker Butte Road, and approximately 186 feet of the abutting right-of-way along Coker Butte Road.  The proposed annexation would change County zoning designations of Exclusive Farm Use (EFU) to the City holding zoning designation of SFR-00 (Single-Family Residential - 1 dwelling unit per existing lot), and would remove the property from Medford Rural Fire Protection District #2.  (ANNX-20-094) (Land Use, Quasi-Judicial)
 
Mr. Whitlock advised that Council Bill 2020-112 was a quasi-judicial hearing and outlined the quasi-judicial hearing process.
 
                     Ms. Paladino presented a PowerPoint regarding this annexation. (PowerPoint attached).  Staff requested that Council hold the public hearing but leaving the written record open for three consecutive periods ending November 19.  The hearing would be continued to December 3, 2020 for deliberation and decision.
 
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.
        
The applicant Jay Harland, CSA Planning, explained the UGB expansion crossed through these properties and delayed the annexation process.
 
                     Mayor Wheeler noted the record would remain open after the public hearing was closed.
 
Public hearing closed.
 
Motion:  Leave the record open for three consecutive periods with the restrictions described by staff and continue Council Bill 2020-112 to December 3, 2020.
Moved by:  Tim D’Alessandro                                        Seconded by:  Kay Brooks
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Stine, and Zarosinski voting yes.
Council Bill 2020-112 was continued to December 3, 2020.
 
*Councilmember Stark returned to the dais at 7:18 p.m.
                    
90.  Council Business
       90.1     Proclamations issued
                     None.
                    
         90.2    Committee Reports and Communications
                     a.   Council Officers Update
                           Councilmember Stine advised that comments or questions regarding Circle K should be directed to legal staff.
                          
                           The Police Department has been picking up garbage in specific areas, but not conducting sweeps or making arrests.
 
                           Council had received a request for the ability to write political statements in chalk on sidewalks for making political statements.
 
Motion:  Direct staff to grant the organization’s request.
Moved by:  Kevin Stine                                                   Seconded by:  Kay Brooks
 
Councilmember Brooks voiced concerns regarding potential violations by children. Mr. Whitlock explained that the City does not enforce the restrictions against children.
 
Council discussed the respectful and considerate nature of the request and potential concerns due to free speech rights and establishing a precedent with the City’s inability to regulate offensive and inappropriate language. Mr. Whitlock advised that the Oregon Constitution grants the public’s right to free speech and the City can only restrict the time, place and manner, but not the content in any medium.
 
Roll call: Councilmembers Bearnson, Brooks, and Stine voting yes; Councilmembers Tim D’Alessandro, Gordon, Stark and Zarosinski voting no.
Motion failed.
 
                     Mr. Sjothun stated the concern voiced by Mr. Fry during the oral comments had been resolved. The amplification permit for the group had been revoked.
 
100. City Manager and Staff Reports
       100.1                     CDBG CARES Act Progress – Principal Planner Angela Durant
Principal Planner Angela Durant presented a PowerPoint outlining the progress of the CDBG CARES Act funding.  (PowerPoint attached.) She noted that Childcare Resource Network will assist with the childcare assistance, the funds are for COVID related expenses and there are regulations on how the money is spent. The housing funds are being distributed through agencies to those that need it.
 
Councilmember Bearnson distributed a letter he received in January of 2020 and asked if Council would respond to the questions in the letter.
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 8:03 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:
   80.1 PowerPoint – Shared-Use Paths
   80.2 PowerPoint – Comprehensive Plan
   80.3 PowerPoint – Annexation
   100.1 PowerPoint - CDBG CARES
 

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