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Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, December 03, 2020

MINUTES
December 3, 2020

6:00 P.M.
Virtual Meeting
 
The regular meeting of the Medford City Council was called to order at 6:00 p.m. virtually with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson (arrived at 6:03 p.m.), Kay Brooks, Tim D’Alessandro, Dick Gordon, Alex Poythress, Eric Stark, Kevin Stine, Michael Zarosinski (arrived at 6:02 p.m.); City Manager Brian Sjothun, City Attorney Rick Whitlock, Acting City Recorder Winnie Shepard
 
20.  Recognitions, Community Group Reports
         None.
 
30.  Oral Requests and Communications from the Audience
30.1       Laurie True, on behalf of the Witness and Justice Team of the Ashland United Church of Christ, submitted written testimony in support of a local CAHOOTS program.
 
30.2       Theodora (Teddie) Hight, Medford, submitted written testimony support of a local CAHOOTS program.
 
30.3       Daniel Jansen submitted written testimony in support of a local CAHOOTS program.
 
30.4       Bob Shand, Medford, submitted written testimony requesting the Council reconsider the Perkins & Will contract.
 
40.  Approval or Correction of the Minutes of the November 19, 2020 Regular Meeting
         There being no additions or corrections, the minutes were approved as presented.
 
50.  Consent Calendar
         50.1     COUNCIL BILL 2020-145
                     AN ORDINANCE granting to United States Cellular Operating Company of Medford, an Oregon corporation, its successors and assigns, the non-exclusive privilege (Franchise) to use the public rights of way to locate, construct, install, replace, operate and maintain facilities within the City of Medford.
 
         50.2    COUNCIL BILL 2020-146
AN ORDINANCE approving a contract in the amount of $251,300.00 with Knife River Materials, Inc. to perform asphalt pavement repairs on various streets in the City of Medford. 
 
         50.3    COUNCIL BILL 2020-147
A RESOLUTION canvassing the returns of the General City Election on November 3, 2020 and declaring the election of Mayor and Councilmembers for terms beginning January 7, 2021.
 
         50.4    COUNCIL BILL 2020-148
AN ORDINANCE granting an exemption from the competitive bid process, and authorizing execution of a three-year contract in the amount of $160,000.00 with ESRI, Inc., for continued access to geographical information system (GIS) software. 
 
            *Councilmembers Bearnson and Zarosinski arrived.
 
Motion:  Adopt consent calendar.
Moved by:  Kevin Stine                                          Seconded by:  Dick Gordon                                                                     
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills 2020-145, 2020-146, 2020-147 and 2020-148 were approved.
 
60.  Items Removed from Consent Calendar
         None.
 
70.  Ordinances and Resolutions
         70.1     COUNCIL BILL 2020-149
AN ORDINANCE approving a contract with Perkins & Will in the amount of $3,037.265.00, for architectural and engineering services related to the design and construction of the Rogue Credit Union Community Complex at Howard Memorial Sports Park.
 
Parks, Recreation and Facilities Director Rich Rosenthal provided a staff report. He outlined the RFQ process, noting that the pricing proposals from the top three finalists were lower than the City cost estimate for the project. He listed some of Perkins & Will’s local projects and advised that CMGC experience was analyzed in the RFQ.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                          Seconded by: Alex Poythress
 
 
Councilmember Stine and Mayor Wheeler voiced appreciation of staff’s work on the project.
 
Councilmember Gordon advised that he would abstain from this vote because of the $60 million bond requirement.
 
City Attorney Rick Whitlock noted that there was only a limited reference to a CMGC in the RFQ scoring criteria. It was included in language requesting examples of the company’s ability to work with CMGC and other agencies.
                                                                                  
Roll call: Councilmembers Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Councilmember Brooks voting no; Councilmember Gordon abstaining.
Motion carried and so ordered. Ordinance 2020-149 was duly adopted.
 
       70.2    COUNCIL BILL 2020-150
                     AN ORDINANCE amending section 2.085 of the Medford Municipal Code, relating to the procedures for filling City Council vacancies.  
 
Deputy City Attorney Eric Mitton presented a PowerPoint outlining three options for a potential Code amendment to outline the process for filing City Council vacancies.  (PowerPoint attached.)
 
Motion:  Approve Council Bill 2020-150 with option 3, which did not require a citizens committee.
Moved by:  Kevin Stine                                          Seconded by: Dick Gordon
 
Councilmember Brooks preferred the utilization of a citizen committee to receive input from residents within their ward. Councilmember Zarosinski agreed with Councilmember Brooks, noting appointments are made without a vote and Council should consider public opinion.
 
Councilmember Stark preferred option 2.
 
Councilmember Poythress stated the Council does not have to agree with the committee but it should be part of a process.
 
Councilmember Gordon supported option 3 and noted that he had reviewed option 2, but the Council isn’t required to follow the recommendation and can create concerns with the committee members and candidates. He noted that citizens retain the right to submit their opinions to the Council without a committee.
                                                                               
Councilmember Poythress questioned whether a committee could have one vote on the candidate.  Councilmember Stine stated the Charter required that Councilmembers be appointed by a majority vote of the Council. Mr. Whitlock confirmed Councilmember Stine’s statement.
 
Councilmember Stine listed the difficulties which occurred during the last Councilmember appointment process.
 
Councilmember Poythress stated he would vote no because removing the citizen committee would prevent public input on the appointment of their Councilmember, and voiced concerns with the public perception of appointments without community input.
 
Roll call: Councilmembers Gordon, Stark and Stine voting yes; Councilmembers Bearnson, Brooks, D’Alessandro, Poythress and Zarosinski voting no.
Motion failed.
 
Motion:  Approve Council Bill 2020-150 with option 2, which provides an option for a citizens committee.
Moved by: Alex Poythress                                    Seconded by:  Eric Stark
 
Councilmember Poythress supported this option because it provided the Council flexibility for future appointments.
 
Councilmember Bearnson noted this option could also create a negative public perception if the Council decided not to utilize the committee.
 
Mayor Wheeler agreed with Councilmember Poythress that future Councils should have discretion on whether to create a citizens committee.
 
Roll call: Councilmembers Gordon, Poythress, Stark voting yes; Councilmembers Bearnson, Brooks, D’Alessandro, Stine and Zarosinski voting no.
Motion failed.
 
Motion: Approve Council Bill 2020-150 with option 1, which requires a citizens committee.
Moved by: Kevin Stine                                           Seconded by:  Kay Brooks
 
Councilmember Stine noted option 1 was his second choice.  Councilmember Bearnson stated that option 1 is very similar to Council’s current procedure.
 
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered. Ordinance 2020-150 with option 1 requiring a citizens committee was duly adopted.
 
 
 
 
         70.3    COUNCIL BILL 2020-151
                     AN ORDINANCE amending sections 3.010 and 6.730 of the Medford Municipal Code pertaining to maintenance responsibilities for sidewalks and shared-use paths. (DCA‑20-323)
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                          Seconded by:  Dick Gordon                                                                     
Roll call: Councilmembers Bearnson, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes; Councilmember Brooks voting no.
Motion carried and so ordered. Ordinance 2020-151 was duly adopted.
 
80.  Public Hearings
         80.1     COUNCIL BILL 2020-112
                     AN ORDINANCE proclaiming annexation to the City of Medford of approximately 79.6 acres of property, located about 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 designation 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)
 
                     Mayor Wheeler stated that the public hearing would be opened, but this matter would be postponed until March 18, 2021.  He then advised that Council must disclose any ex parte communication, the nature of the contact and whether it would bias their opinion on this matter.
 
            Mr. Whitlock outlined the quasi-judicial hearing process for 2020-112 and 2020-152.
 
Principal Planner Carla Paladino presented a PowerPoint regarding this annexation and requested Council re‑open the public hearing and continue the matter to the March 18, 2021 Council meeting. (PowerPoint attached.)
 
Public hearing opened.
 
Councilmember Stark noted a conflict of interest and would abstain from any discussion or vote for this annexation.
 
Jay Harland, CSA Planning, stated he is the agent for the applicant and requested Council continue this matter until March 18, 2021. He advised that the land use process has taken longer than expected due to an issue with the installation of a septic system.  Jackson County requires a septic system as part of the development, but a septic system cannot be used on the property after it is annexed.  CSA staff has been working with the County to resolve the issue.
 
Public hearing remained open.
 
Motion:  Continue this matter until March 18, 2021 with the public hearing open.
Moved by:  Kevin Stine                                          Seconded by: Tim D’Alessandro                                                           
Roll call: Councilmembers Brooks, D’Alessandro, Gordon, Poythress, Stine, and Zarosinski voting yes; Councilmember Stark abstaining.
Motion carried and so ordered. Ordinance 2020-151 continued to March 18, 2021.
 
80.2    COUNCIL BILL 2020-152
                     AN ORDINANCE proclaiming annexation to the City of Medford of three parcels, totaling approximately 1.92, acres located on the north side of Stewart Avenue approximately 330 feet west of Cherry Street. The proposed annexation would change County zoning designation of RR-2.5 (Rural Residential, 2.5 acre minimum) to the City holding zone designation of SFR-00 (Single Family Residential, one dwelling unit per existing lot), and would  remove  the property from Medford Rural Fire Protection District #2. (A-20-271).
                     (Land Use, Quasi-Judicial)
 
                     Assistant Planning Director Kelly Evans presented a PowerPoint regarding this annexation.  (PowerPoint attached.)  She noted that the property could be zoned either MFR-20 or MFR-30 which allowed 20 or 30 residences per acre, respectively.  Mr. Whitlock advised that the ordinance would change the zoning to SFR-00 and did not include the MFR-20 or MFR-30 designation.  Ms. Evans clarified that SFR-00 zoning could only be modified to MFR-20 or MFR-30. 
 
                     Councilmember Gordon appreciated staff providing the potential tax increase revenue from this annexation and questioned a reference in the agenda that the property would be zoned industrial. Ms. Evans clarified that this property would be high-density residential and the reference to industrial zoning was in error.
 
Public hearing opened.
 
         Mayor Wheeler noted the ex parte rules outlined with Agenda Item 80.1 were still in effect.
 
         Agent for the applicant Clark Stevens, Richard Stevens and Associates, noted that a portion of the property is an enclave.
 
Public hearing closed.
 
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                          Seconded by: Tim D’Alessandro                                                           
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered. Ordinance 2020-152 was duly adopted.
 
80.3    COUNCIL BILL 2020-153
A RESOLUTION approving and adopting the second Amendment to the City of Medford 2019-2020 CARES Act Action Plan to allocate $50,000 of Community Development Block Grant (CDBG-CV) funds to Kids Unlimited and the Rogue Valley Family YMCA for the purpose of building child care capacity to serve more families.
 
Principal Planner Angela Durant presented a PowerPoint regarding the second amendment of the 2019-2020 CARES Act Action Plan. (PowerPoint attached.) Community Services & Development Commission Chair Marie Quinn-Cabler thanked the Council for their support and outlined the subcommittee’s objectives and scoring criteria.  
 
The City received applications from two agencies that qualified for funding.
 
Public hearing opened.
 
            Brad Russell, YMCA, thanked the Council for supporting this program.
 
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Tim D’Alessandro                               Seconded by:  Eric Stark                                                                         
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered. Resolution 2020-153 was duly adopted.
 
         80.4    COUNCIL BILL 2020-154
AN ORDINANCE establishing application fees, effective December 3, 2020, in the amount of $3,100 for pad lots and $1,200 for the validation of unlawfully created units of land (lot legality) under Medford Municipal Code Sections 10.171 and 10.176A. (GF‑20-341)
 
                     Ms. Paladino presented a PowerPoint regarding establishing application fees for pad lots and for the validation of unlawfully created units of land. (PowerPoint attached.)
 
Public hearing opened.
         No one spoke.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Tim D’Alessandro                               Seconded by: Kevin Stine                                                                          
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Ordinance 2020-154 was duly adopted.
 
90.  Council Business
         90.1     Committee Reports and Communications
                     a.   Council Officers Update
                           Council President Stine requested feedback regarding a proposed letter in support of funding for landlords impacted by COVID. There were no objections to a letter and City Manager Brian Sjothun will draft language for Council approval to add this issue to the City’s 2020 Oregon Legislative Policy Statement.
 
                           Council President Stine reported that the December 17 Council meeting should be in person and requested a group photo for the 2020 Council that evening.
 
                           He also noted that ODOT’s request for cities to forgo allocated funding to provide funding to repair Highway 99 in Phoenix was not well received and the project has been postponed.
 
                     b.   Water Commission Appointment
                           Mayor Wheeler recommended the appointment of Bob Strosser to the Water Commission.
 
Motion:  Appoint Bob Strosser to the Water Commission with a term beginning February 1, 2021 and ending January 31, 2026.
Moved by:  Dick Gordon                                       Seconded by:  Kevin Stine
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
              
100. City Manager and Staff Reports
         100.1   Vision Taskforce Creation and Membership
                     This item was postponed to the December 17, 2020 Council meeting.
 
         100.2  Wildfire Committee
Ms. Paladino presented a brief PowerPoint requesting the creation of a Wildfire Committee.  (PowerPoint attached.)
 
 
Motion: Direct staff to create a wildfire committee.
Moved by: Tim D’Alessandro                                Seconded by:  Eric Stark
Roll call: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Mr. Sjothun reported that the City received three grants for the Safe Routes to School Program and thanked Karl MacNair for his work on that project.  The annual tree lighting ceremony will be held this weekend and because it is Mayor Wheeler’s last ceremony, the event will occur both nights. 
 
Mr. Sjothun also stated a recognition dinner will be held on December 17 honoring Mayor Wheeler and the service of Councilmembers Gordon and Brooks.  He advised that government agencies have slightly different COVID restrictions and the dinner will be held in compliance with all safety regulations.
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 8:00 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:

 

70.2    Council Vacancy Procedure
80.1    Annexation 20-094
80.2    Annexation 20-271

80.3    CARES Act
80.4    Planning application Fees
100.2    Wildfire Committee

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