HomeMy WebLinkAboutCM 011322 CITY OF CENTRAL POINT
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City Council Meeting Minutes
Thursday, January 13, 2022
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Late
Kelley Johnson Ward II Remote
Melody Thueson Ward III Present
Taneea Browning Ward IV Remote
Rob Hernandez At Large Present
Michael Parsons At Large Remote
Staff members present: City Manager Chris Clayton (Remote); City Attorney Sydnee
Dreyer(Remote); Police Chief Kris Allison (Remote); Police Captain Dave Croft; Parks
and Public Works Director Matt Samitore; Planning Director Stephanie Holtey (Remote);
IT Director Jason Richmond; City Recorder Deanna Casey; and Accounting Business
Services Coordinator Rachel Neuenschwander
IV. PUBLIC COMMENTS
V. CONSENT AGENDA
A. Approval of December 16, 2021 City Council Minutes
Neil Olsen arrived at 7:03 p.m.
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Melody Thueson, Ward III
AYES: Williams, Johnson, Thueson, Browning, Hernandez, Parsons
ABSENT: Neil Olsen
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
A. Ordinance No. , An Ordinance Establishing a Franchise Agreement
Between United States Cellular Operating Company of Medford for Use of the
Public Right of Way Relating to Small Cell Wireless Facilities
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City Attorney Sydnee Dryer presented the first reading of the ordinance establishing Li
a franchise agreement with US Cellular with a 5G wireless service. This is the first
franchise agreement that the City has had with this nature. The installation,
operation and maintenance of small cell wireless facilities in the public ways of the
City. Council is requested to consider approval of a non-exclusive franchise with
USCC for small wireless facilities in the public right-of-way.
The franchisee would pay a $500 one-time, non-recurring application fee for up to
five small wireless facilities, with an additional $100 non-recurring application fee for
each facility beyond five, plus a $1,000 non-recurring fee for a new pole (i.e., not a
collocation). The franchisee would also pay $270 per small wireless facility per year.
Small cell wireless facilities used to support the new 5G cellular data network are
smaller but more numerous than traditional wireless telecommunication towers. For
this reason, small cell wireless facilities are oftentimes placed in the public right-of-
way, frequently on existing poles in the right-of-way, instead of in a dedicated tower
on a dedicated parcel of land. The proposed franchise does not regulate the design
of small cell facilities; rather, this will be handled through uniform standards under
the CPMC applicable to all small cell facilities, including provisions regarding
aesthetics, collocation on existing poles, and permissible locations.
Mike Parsons moved to approve the first reading of Ordinance Establishing
U.S. Cellular Franchise Agreement.
RESULT: 1ST READING [UNANIMOUS]
Next: 1/27/2022 7:00 PM
MOVER: Michael Parsons, At Large
SECONDER: Melody Thueson, Ward Ill
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Ordinance No. An Ordinance Amending in Part Central Point
Municipal Code Chapters 5.34.010 and 5.34.020 Pawnbrokers and Secondhand
Dealers
City Attorney Sydnee Dryer presented the first reading of an Ordinance Amending
CPMC Chapter 5.34 Pawnbrokers and Secondhand Dealers. Currently, the CPMC
requires pawnbrokers and secondhand dealers to maintain a report of all property
received on deposit, pledged or purchased and to submit that electronic report to the
City. However, there is no requirement that said businesses photograph the property
upon receipt. As a result, the Central Point Police Department has found that it can
be difficult to track stolen property and return it to its rightful owner. Additionally,
requiring a digital photo of property received could help discourage certain unethical
business activities as it would deter the purchase of new products in the original
packaging, which has been an issue with some businesses over the years. The
proposed revisions would require the addition of a digital photo at the time the
property is received, and would require that a clear digital photograph be uploaded to
the City's electronic pawn reporting system, which is already utilized by pawnbrokers
and secondhand dealers, though excludes any property that is simply pledged as
collateral for a loan.
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It was asked if this was a current issue in the City of Central Point; Dave Croft
explained that this would help officers in investigations when there is not a thorough
description of the item. This will allow this to put more responsibility on pawnshops
so that there is a better description and a photo.
Melody Thueson moved to approve the first reading of Ordinance
Amending CPMC Chapter 5.34 Pawnbrokers and Secondhand Dealers In
Part.
RESULT: 1ST READING [UNANIMOUS]
Next: 1/27/2022 7:00 PM
MOVER: Melody Thueson, Ward III
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. Ordinance No. , An Ordinance amending Central Point Municipal Code
Chapter 13.20 in Part Regarding Backflow Prevention Devices
Parks & Public Works Director Matt Samitore presented to the Council the first
reading of an Ordinance to amend Section 13 Water for Backflow Prevention
Devices. In reviewing the ordinance, it was determined that some devices are not
being installed correctly or are not good enough to protect the overall system. The
City of Central Point has a very successful backflow prevention program. Still, our
water division has noticed some lesser quality devices being installed that do not
protect the overall city water system over the past few years. Backflow Prevention
Assemblies (BPA) are devices that are installed on homes with in-ground sprinkler
systems. The device disallows water to back charge into the overall City water
System. There are some financial differences, the devices that are currently
allowed are very cheap and easy to install, going for around $150 to the devices we
want to require are about$250.
We would like to put in some additional changes that match the Medford Water
Commission that put the responsibility on the property owner to provide and keep
required backflow prevention assemblies in good working condition at all times.
Therefore, staff suggests adding language that would restrict the type of devices
installed in new construction and add additional language about homeowner
responsibility and pre-existing assemblies.
Melody Thueson moved to approve the first ready of Ordinance to amend
section 13: Water for Backflow Prevention Devices.
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RESULT: 1ST READING [UNANIMOUS]
Next: 1/27/2022 7:00 PM
MOVER: Melody Thueson, Ward Ill
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
VIII. ORDINANCES, AND RESOLUTIONS
A. Resolution Ratifying Opioid Settlement Agreements
City Attorney Sydnee Dreyer presented the Resolution Ratifying Opioid Settlement
Agreements. The State of Oregon entered into settlement agreements with
Distributors McKesson, Cardinal Health, AmerisourceBergen and J&J as of July 21,
2021, regarding the opioid litigation. Pursuant to those agreements, the state is to
receive 45% of settlement proceeds and participating subdivisions, including the City
of Central Point, share in 55% of the settlement proceeds. The state's share of the
proceeds is to be deposited into a Prevention, Treatment and Recovery Fund to be
used solely for approved abatement purposes.
The participating subdivisions' shares, including the City, must also be used for
specified abatement purposes. The City's share will be paid directly to the County
unless the City notifies the Settlement Fund Administrator that it requests direct
payment of the proceeds. Given the restrictions on using the funds, it is likely that the
City will not seek direct payment. However, 15% of the funds appear to have more
broad permissible uses, and as such, if the City determines in the future that it
desires to receive a portion of those funds directly, it may be able to do so either
through application to the fund administrator or via an agreement with the County.
The proposed participation agreements and distribution agreements were sent to the
City and other participating subdivisions right before the holiday, with a deadline to
sign by January 2, 2021. As such, the City Attorney proceeded with the execution of
the agreements, subject to Council ratification of same, as have many other
jurisdictions have given time constraints.
City Manager Chris Clayton stated that the nationwide settlement was $26 billion,
which came to the State of Oregon $329 Million. Initially talked to the County about
an MOU to split the funds with the County to fund services that meet the criteria and
things the City would be interested in funding. The reporting requirements are
substantial and so in talking with Danny Jordan at the County, the City will look for
opportunities to that the County could fund services that could meet the criteria and
things that Central Point would be interested in funding and the reporting
requirements will remain with the County.
A question was brought up regarding the opportunity to get back the 15% were still
up to be determined. City Manager Chris Clayton stated that some programs that
funds might be eligible for use are the City's DARE program and the Rogue Retreat
Agreement. When these agreements are approved, it will be a while before the
County receives these funds. The requirements to spend these funds are narrow that
unless you are a county or a large city in Oregon that is already providing treatments
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for inpatient care, it will be pretty challenging to do. The County seems open to
working on something with the City if we can come to an agreement.
City Attorney Sydnee Dreyer stated that Portland might be taking a broad stroke on
how these funds can be used, so arguably, if other Cities wanted to do the same,
they could. Portland is a much larger city with more significant problems on its
hands. They provide more services than the City of Central Point does, and if the
City receives any of these funds directly, we would have to report to the Attorney
General every year for how these funds are used. The funds may be doled out on an
annual basis, the cities election on whether to receive funds directly or not, it is to be
made each time the settlement administrator is going to make a payment. The MOU
with the County may be the more efficient approach and agree upon where the City
would like to utilize the funds.
Rob Hernandez moved to approve Resolution 1694 Ratifying Opioid Settlement
Agreements.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Taneea Browning,Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Consideration of a Resolution of Intent to Annex three(3) properties along the
Bear Creek Greenway for wildfire prevention and parks and recreation use. The
subject properties total 7.45 and are identified on the Jackson County
Assessor's Map as 3702W11A-TL102 and 28100, and 3702W12B-TL501.
Planning Director Stephanie Holtey presented the Resolution of Intent to Annex 3
properties along the Bear Creek Greenway. The September 2019 wildfire along the
Bear Creek Greenway posed a significant risk to the entire community. Although the
Bear Creek Greenway is within the City's Urban Growth Boundary and adjacent to
developed city lands, at the time of the fires, most of the affected area was owned by
Jackson County and the City of Medford. Following the fires, the City started
working with Jackson County and the City of Medford to transfer ownership of the
Greenway properties to the City as part of a larger plan to mitigate fire risk and
create a park and recreation amenity for the community. To fund the design and
construction projects as well as implement more standardized maintenance, the
properties must be within the city limits. City records indicate that three (3) may
already be in the city limits, and three (3) will need to be annexed (Attachment "A").
On January 4, 2022, the City closed on the transfer of properties owned by Jackson
County. The transfer of Medford properties is in progress and is anticipated to close
within the first quarter of 2022. At this time, staff is requesting Council's
authorization to prepare the annexation documents and initiate the application as
necessary to expedite the annexation process once all of the affected Bear Creek
Greenway properties are under City ownership.
ri City Manager Chris Clayton, the properties from Jackson County, has closed;
Medford will follow shortly. The next step is to, and then at the January 27
Development Commission meeting, we will be asking to approve the consulting
agreement to amend our Urban Renewal Plan to bring these lands into the Central
Point Urban Renewal District. This will be the mechanism to fund capital
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improvements related to the project's design.
Mike Parsons moved to approve Resolution No. 1695 Declaring the City of
Council's Intent to Annex City-Owned Properties Along the Bear Creek
Greenway within the Fire Area Master Plan Area Including 372W11A-TL 102
and 28100, and 272W12B-TL501, 600, 699; and 372W12C-301.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
IX. BUSINESS
A. Planning Commission Report(Holtey)
Planning Director Stephanie Holtey explained the January 11, 2022 Planning
Commission Report.
• The Planning Commission conducted a public hearing and considered a
proposed Comprehensive Plan Amendment to the Transportation System Plan
(TSP).
• Staff provided a brief verbal update about one development inquiry in the City
related to property that is for sale on Snowy Butte Road near Ash and South
Haskell Street.
• Staff provided an overview of two (2) long range planning projects: 1)
Transportation System Plan (TSP) update and 2) Potential Urban Heat Island
Mapping project.
• It was reported by the Chair that there is a Planning Commission vacancy. Staff
stated that a recruitment will begin soon.
• Commissioners confirmed their desire to have a study session to better
understand transportation planning matters, most specifically related to warrants
and new climate rules.
RESULT: ANNOUNCED
X. MAYOR'S REPORT
Mayor Hank Williams reported that:
• He attended the Sponsor Dinner for the Bull Riding at the Expo with Mike Parsons.
• He skipped the Fair Board Meeting, COVID is going through his family in Arizona
and he chose to not attend this meeting.
XI. CITY MANAGER'S REPORT
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City Manager Chris Clayton reported that:
• COVID 19 continues to be a challenge for the City of Central Point, a lot more spread
and outbreak in recent times.
• The Mail Tribune article on the Horse Blanket, the article was fair and pointed out some
issues, the Building Dept. is working with the building owner to try to get an evaluation
done from the structural engineer as soon as possible. Once we have that in hand we
will do every effort to work with them on getting that repaired or if they choose to take
the structure down.
• The Planning Commission and a Community Advisory Committee both have vacancies
that need to be filled.
• At the January 24th Study Session there will be a tour of the Public Works Corporation
yard starting at 4:00 p.m. and then dinner and a FLOCK presentation.
• Senior Center hot topic on the news and on social media. In early February, the Rogue
Valley Council of Governments board will be asked to approve the purchase of the
property and then we will move forward with the sale agreement will be presented at a
February meeting. Parks & Rec staff have been working with the Senior Center and
RVOG to make the transition as easy as possible. The next steps of how we can
partner and expand services for the Senior community as soon as possible.
• Public Works Operation Center, the financing package is wrapping up bond council has
just about finished their work. That will be getting approved shortly.
• House bill 5006 funded recovery from the wild fires on property tax, counties that were
impacted by fires were being made whole by the state legislature on property taxes that
were not coming in because of damaged or destroyed properties. Jackson County was
included and the City of central point got an additional $40,000 in property tax revenue
just recently.
• Community Center Design at the Expo continues and it is really starting to take shape
and we are on to something good. Matt Samitore and Rob Hernandez have been
attending the design meetings, and providing input as well, we are getting closer in
terms of cost and a facility that everyone will be happy with.
• The TSP amendment that was made by the planning commission as it relates to the
Hwy 99 and Scenic Ave upgrade. When the Crater Rail Crossing was approved part of
that was a negotiation with Jackson county and we had to agree to do several things,
closing the Seven Oaks Crossing, compensate land owners that were impacted by the
seven oaks crossing and we had to upgrade the intersection of Scenic and Hwy 99 and
make it safe which is why we are doing the TSP amendment and ODOT will be starting
the project in the near future. The city has satisfied all the requirements with the county.
Chris will be working with Sydnee to draft a letter to the Jackson county commissioners
letting them know with the completion of the intersection upgrade we have satisfied that
board order and we have done our part so to speak.
XII. COUNCIL REPORTS
Council Member Taneea Browning reported that:
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• She attended two Medford Water meetings, and to quote "what we are seeing has not
been seen before historic below average water shed storage numbers". Found it
interesting that even though we were seeing a lot of moisture it wasn't being retained as
much as we have had in the past.
• She was asked to join the state infrastructure implementation cabinet by a
representative from the governor's office.
• She has been spending time in special meetings with the LOC, specifically to address
the public conduct of the executive director appointment interim, permanent executive
recruitment process, and the strategic plan will be rolling and focusing on the tours in
those small cities.
Council Member Mike Parsons reported that;
• He attended the Challenge of Champions Bull riding sponsor dinner with the Mayor.
• He attended the Challenge of Champions Bull Riding event at the expo. The Challenge
of Champions truly appreciates the City's yearly sponsorship.
Council Member Neil Olsen reported that he attended the Planning Commission
Meeting.
Council Member Melody Thueson reported that she attended the School Board Meeting.
Council Member Rob Hernandez reported that:
• He attended the Zoom Jackson County Community Center Meeting.
• Attended a SOREDI board meeting.
Council Member Kelley Johnson had nothing to report.
XIII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that working on tree removal
and tree upkeep at the cemetery, there are several trees that have branches growing
over to the houses in Central Point East the residents have been very nice but are
wanting things taken care of.
Police Captain Dave Croft reported that:
L Chris Wasner graduated from the Police Academy and is now in field training.
L Last Friday there was CSO testing in the council chambers the written test, there were
13 applicants those have been sent back to the testing company.
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L There were two robberies one at Purple Parrot where a firearm that was displayed no
property was obtained on that one, Medford is working a Purple Parrot robbery with the
same description and MO. Last week there was a robbery at the Peoples Bank where a
note was presented the individual was able to leave with cash we have some good photos
on that one and are real confident they will be able to identify the suspect. The robberies do
not seem to be related.
XIV. EXECUTIVE SESSION ORS 192.660(2)(i) Employment Evaluations
Mike Parsons moved to adjourn to Executive Session under ORS 192.660 (2)(1)
Employee Evaluations at 7:55 p.m. Taneea Browning seconded. All said aye and the
meeting was adjourned to executive session.
Council returned to regular session at 8:14 p.m.
A. Motion to: Approval to extend City Manager Contract
There was discussion regarding the length of the contract which expires December 31,
2022.
Council feels confident extending the contract for three years to expire or be renewed by
December 31, 2025 continuing with the annual performance evaluation. The Council
discussed a 5% increase in pay with 3.4% going towards a salary increase and the
remaining split between 457 and HRA benefits.
Mike Parsons moved to extend the term of the City Manager contract to December
31, 2025, approve an increase in benefits and salary with $1000 increase to his
457 plan, 3.4% to his base salary and the rest going to his HRA account. Taneea
Browning seconded.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
XV. ADJOURNMENT
Rob Hernandez moved to adjourn. All said aye and the meeting was adjourned at
8:29 p.m.
The foregoing minutes of,the January 13, 2022, Council meeting were approved by the City
Council at its meeting of ,i,:-1LtOa24), X77 , 2022.
//,
Dated:
//d i c . Mayor Hank Williams
ATTEST:
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City Recorder (J