Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, March 06, 2014

                                                                    
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                    March 6, 2014
                                                                             
 
The meeting was called to order at noon in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler:  Councilmembers Daniel Bunn, Dick Gordon, Bob Strosser, Tim Jackle, Karen Blair, Eli Matthews and John Michaels.
 
Councilmembers Chris Corcoran was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
 
McLoughlin Students of the Month
Postponed to next meeting.
 
20.     Approval or correction of the minutes of the February 20, 2014 regular meeting 
There being no corrections or amendments the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Linda Pincock, member of the Housing & Community Development Commission addressed the Council regarding the Commission’s desire to remain formed as currently set by code.  She spoke to the efforts they have put into streamlining the Community Development Block Grant process and how this assists them in their review of the grant applications.  They would like to stay the course for at least one year and re-evaluate their formation at that time.
 
Mr. Swanson noted that this is on the agenda under City Manager Reports and spoke to this issue which was raised by Councilmember Michaels.  Lynette O’Neal, Assistant to the Deputy City Manager addressed the Council and presented the staff recommendation.  She noted that staff reviewed the Medford Code duties for the Commission and noted that some of the duties for the Commission have not been dealt with previously, such as land use laws and regulations.  The staff recommendation is to have the Commission work on meeting the 5-year Consolidated Plan goals which includes affordable housing issues and to have the Planning Department work on the land use duties.  It is suggested that a name change to Community Development Block Grant Committee would be appropriate.
 
Councilmember Michaels noted he is in support of separation of the commission duties and having one committee to handle the Community Development Block Grant process.  He is in support of establishment of an Affordable Housing Committee to focus on housing needs. 
 
Councilmember Blair noted that she agrees with Councilmember Michaels in development of an Affordable Housing committee.  She questioned the City General Fund Grant Committee and if that could be incorporated into the CDBG Committee. 
 
Ms. O’Neal spoke to the General Fund Grants Committee. She noted she would be supportive of the CDBG Committee reviewing the General Fund Grants.
 
Councilmembers discussed the issue and Mr. Swanson recommended that staff do further work on this based on the feedback received today.  Staff will bring this back to Council for further direction.
 
40.     Consent calendar
        
50.     Items removed from consent calendar

60.     Ordinances and resolutions
60.1   COUNCIL BILL 2014-27  A resolution adopting the proposed Master Plan for Cedar Links Park.
 
Motion:  Adopt the resolution approving the proposed Master Plan for Cedar Links Park.
Moved by:  Dick Gordon              Seconded by:  John Michaels
 
Councilmember Gordon spoke to the public process and how challenging it is to develop consensus with differing public input and desires.  Staff did a great job bringing the group into a unified focus for the park.  Councilmember Jackle expressed his appreciation for the work being done in the development of the park plan.
 
Roll Call:  Councilmembers Dick Gordon, John Michaels, Karen Blair, Daniel Bunn, Eli Matthews, Tim Jackle and Bob Strosser voting yes.
Resolution 2014-27 was duly adopted.
 
60.2   COUNCIL BILL 2014-28  A resolution adopting a fifth Supplemental Budget for the 2013-15 biennium.
 
Alison Chan, Finance Director provided a staff report and noted that this action will recognize the program income from the Jackson County Housing Authority Homeowner Repair program and reallocation of the funds back to that program.
 
Motion:  Adopt the resolution approving a fifth Supplemental Budget for the 2013-15 biennium.
Moved by: Bob Strosser              Seconded by:  Eli Matthews
Roll Call:  Councilmembers Bob Strosser, Eli Matthews, John Michaels, Tim Jackle, Daniel Bunn, Dick Gordon and Karen Blair voting yes.
Resolution 2014-28 was duly adopted.
 
60.3   COUNCIL BILL 2014-29  A resolution denying a request to withdraw one parcel totaling 17.13 acres located at the westerly terminus of Ehrman Way, approximately 557 feet west of Joseph Street, from the City of Medford.  (A-13-041)
 
Motion:  Adopt the resolution denying a request to withdraw one parcel totaling 17.13 acres located at the westerly terminus of Ehrman Way, approximately 557 feet west of Joseph Street, from the City of Medford.
Moved by:  Daniel Bunn               Seconded by:  John Michaels
Roll Call:  Councilmembers Daniel Bunn, John Michaels, Tim Jackle, Eli Matthews, Dick Gordon, Karen Blair and Bob Strosser voting yes.
Resolution 2014-29 was duly adopted.
 
70.     Council Business
 
80.     City Manager and other staff reports
80.1   Mr. Swanson spoke to SB 1531 Medical Marijuana Dispensary bill.  City Attorney John Huttl addressed the Council and presented information on the legislative process concerning the bill.  The current version of the Senate Bill allows for local municipalities to impose a moratorium and that it is unknown when the bill will be signed into law, but anticipates it will occur. Mr. Huttl spoke to inherent power of “home-rule”. Adoption of a code modification that addresses a moratorium will provide guidance to the public that this type of business is not allowed in the City. 
 
Mr. Huttl noted that two options of verbiage for Ordinance 2014-30 have been distributed to the Council.  If adopted today by the Council, the Ordinance will need to come back for a second reading at the next Council meeting.
 
Councilmember Gordon noted that he feels taking action at this time would be premature given that the Senate has not made a decision on this issue.  Mr. Huttl noted that if approved by the Senate and signed by the Governor, the bill has an effective date of March 1, 2014.  By adopting the ordinance, this will provide information for the public and the Oregon Health Authority, who processes dispensary applications, that the City of Medford does not allow this type of business.  Councilmember Michaels noted he feels this can be moved forward at this time and is in support of Option A of the ordinance.  Councilmember Jackle noted he agreed with Option A but would like to modify the language which states “intended to be a moratorium”.
 
Mr. Swanson questioned the requirement to notify Oregon Health Authority and Mr. Huttl noted that this is part of the proposed Senate Bill.  
 
Councilmember Bunn spoke in support of Option A and the need to give the public and the Oregon Health Authority notice of the City’s position. 
 
Motion:  Adopt Ordinance 2014-30, option A as written with proposed amendments from discussion.
Moved by:  John Michaels                        Seconded by:  Daniel Bunn
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Bob Strosser, Tim Jackle, Eli Matthews and Karen Blair voting yes.  Councilmember Dick Gordon voted no.
Ordinance 2014-30 was duly adopted.
 
80.2   Staff Recommendation Regarding the Housing & Community Development Commission
                  *Taken out of order and addressed under Oral Comments.                           
 
80.3   Barnett Road Paving Project Update – Cory Crebbin, Public Works Director
Mr. Swanson noted that approval for nighttime construction is approved by City Manager but this is being brought forward for Council information.  Mr. Crebbin addressed the Council and noted that this project includes a section of roadway through a residential neighborhood.  This is being proposed due to the high volume of traffic on Barnett Road and if this work was scheduled during daytime hours there will be a significant traffic congestion issue.   This is also a main route to Asante Rogue Regional Medical Center and other medical facilities, as well as Fire Station #6, where significant traffic delays need to be avoided.
 
Mr. Swanson noted that reader boards will be utilized around the project area to inform the public on the project.
 
80.3   Mr. Swanson reported on the Medford Forum show last week with new moderator, Chantell Munoz. He noted that the next Forum will be on March 27 with Chris Fick from the League of Oregon Cities and Councilmember Dick Gordon.  The topic will be Oregon’s Property Tax system.  
 
80.4   Mr. Swanson addressed the Council regarding a letter of support for the ICMA Professional Fellows Program.  Council officers have signed the letter of support for the program.  If the program is funded, the City could become a host for visiting elected officials.
 
80.5   Mr. Swanson noted that the Police and Fire bond projects schedule is being finalized and will be sent to Council.  The requests for proposals will be issued on March 7th and staff anticipates bring forward recommendations for the project contracts at the May 15th Council meeting.
 
80.6   Mr. Swanson noted that the next radio spot will be on Monday, March 10th on the Bill Meyer show. Councilmembers Michaels and Bunn will be attending.
 
80.7   Mr. Swanson reported that CGI Communications, who produces the Medford Community Video Tourbook on the City’s website, will be in town next week to meet with businesses regarding advertising.  He noted that staff is updating the videos and information in the videos.
 
80.8   The Police Advisory Committee will be holding a work session on March 11, at 5:00 p.m. in the Medford Room to discuss the dangerous dog issue. 
 
80.9   Mr. Swanson noted that the Council have received a draft of the advertisement that will be placed in the April “Our Valley” magazine.
 
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               None
 
90.2   Further Council committee reports.
a.   Councilmember Strosser reported on the Water Commission meeting; discussion on flows and snowpack; conservation and water use; and substantial discussion regarding the wholesale water delivery agreements.  He also noted that a policy change was approved by the Commission regarding their medical flexible spending accounts and requested that the City Manager look at this issue for City employees.
 
b.   Councilmember Jackle reported on the Landmarks & Historic Preservation Commission meeting and the applications that were reviewed.
 
c.   Councilmember Matthews reported on the Mayor’s Youth Advisory Commission meeting and that they are working on design of a logo; a subcommittee was formed to address the skate park regarding graffiti abatement and potential for a mural; and that several of the members of the Commission have volunteered to assist with the upcoming Arbor Day event.
 
d.   Councilmember Matthews reported on the Alba Sister City Committee meeting and their discussion regarding the process for selecting students from Medford to participate in the exchange this year.  They also discussed fundraising and events.  Councilmember Matthews noted that this year is the 70th Anniversary of the “23 Days of Alba” and they will be working on how to participate with Alba, Italy in this recognition.
 
e.   Councilmember Gordon reported on the Rogue Valley Council of Governments meeting and discussion of various municipalities’ projects and activities.
 
90.3   Further remarks from Mayor and Councilmembers.
a.   Councilmembers commented that it was great to have Councilmember Blair in attendance.
 
100.   Adjournment to the evening session
         Meeting adjourned at 1:20 p.m.
 
 
*******************************************************
 
EVENING SESSION
 
The meeting was called to order at 7:00 p.m. in Council Chambers, City Hall, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Daniel Bunn, Bob Strosser (*arrived as noted), Eli Matthews, Tim Jackle, John Michaels and Chris Corcoran.
 
Councilmember Karen Blair was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
110.1    Police Chief Tim George provided an update to Council on a shooting that occurred today in Medford.  He noted that there were two Medford officers were involved in the shooting as well as other law enforcement officers.  The issue is under investigation with the Oregon State Police taking the lead.
 
*Councilmember Bob Strosser arrived.
 
110.2    Kenneth Purkapile, 922 La Loma Dr., Medford addressed the Council in opposition of the revocation of the business license for Mary Jane’s Attic/Basement.
 
 
110.3    Leland Berger, addressed the Council regarding SB 1531 and the Ordinance adopted by the Council to establish a moratorium on medical marijuana dispensaries. 
 
110.4    Robert Graham, 2442 Fox Run, Medford addressed the Council regarding the moratorium on medical marijuana dispensaries.  He urged the Council to adopt a short term moratorium to allow for time to investigate the need for this to address the patients’ needs in the community.
 
110.5    Al Karger, PO Box 14, Selma addressed the Council regarding the proposed moratorium on dispensaries is a discrimination against him. 
 
110.6    Lindsey Rinehart, 314 S. 1st Street, Talent addressed the Council regarding the proposed moratorium on dispensaries.  She spoke to the potential economic development and enhancement that the additional tax revenue could provide to the community.
 
110.7    Don Esch, 1028 Century Circle, Grants Pass addressed the Council regarding the medical marijuana issue and encouraged the Council to support the safe access for patients.
 
110.8    Karen Averill, 785 L. Fk. Humbug Creek, Applegate, addressed the Council regarding the moratorium issue and requested that the Council review the documentary done by Dr. Sanjay Gupta on this issue.
 
120.   Public hearings
120.1    Consider an appeal of the Finance Director’s decision upholding the revocation of the business license for Mary Jane’s Attic/Mary Jane’s Basement.
 
Kevin McConnell, Deputy City Attorney addressed the Council and provided an outline of the matter before the Council regarding the revocation of the business license for Mary Jane’s Attic/Basement.  He noted that there is evidence in the record supporting the revocation based on the business’ illegal sales of marijuana.  He noted House Bill 3460 was not in place in July 2013 and therefore the business was in violation of state law at the time of the sales.  In addition, they are in violation of Federal law and the Council, under the home-rule authority, has the right to deny business license.
 
Councilmembers questioned the timing of the House Bill and City Code modification which was adopted in September 2013.
 
Public hearing opened.
 
  1. Leland Berger, representing the appellants, addressed the Council and noted the appeal is based on confusion regarding the business license as there are two businesses but only one license and the constitutionality of the City’s ordinance as it is pre-empted by state law which allows medical marijuana dispensaries and local governments cannot invoke federal laws to avoid compliance with state laws.  Mr. Berger reviewed the evidence in the record and to the transfer of cannabis by the appellants.
 
 
  1. Mr. McConnell responded to issues raised by Mr. Berger and noted while the State and Federal governments may not prosecute these violations that does not make the actions legal.  He noted that the memos from the Department of Justice are to provide guidance on the allocation of resources and should not be misconstrued as “rules”.  He spoke to the OMMP rules governing how a card holder may reimburse a grow site for the cost of supplies and utilities and that the controlled buys in the record were for amounts in excess of supplies and utilities and were so acknowledged by Mr. Berger in the appeal hearing before the Finance Director.  He requested that the Council uphold the Finance Director’s decision based on the evidence in the record.
 
Councilmembers discussed the evidence in the record and questioned the “home rule” authority.City Attorney John Huttl noted additional documentation had been provided for the Council regarding Oregon Health Authority online application and documents and the Michigan Supreme Court case as submitted by Mr. Berger.
 
 
 
Alison Chan, Finance Director addressed the Council and noted that the original business license application did not state that the business was a medical marijuana dispensary and that had that been indicated on the application no business license would have been issued. 
 
 
  1. Mr. Berger, under rebuttal, addressed the Council regarding Emerald Steele case and restated that the City should not be concerned with enforcement of Federal law regarding medical marijuana.
 
Mayor Wheeler called for a fifteen minute recess.
****************************************************
Meeting reconvened with same persons present.
 
 
  1. Al Karger, P.O. Box 14, Selma addressed the Council regarding the issue and requested the Council allow this business to continue to provide the service for medical marijuana users.
 
 
  1. Anthony Dilworth, 910 W. Linn Road, Eagle Point addressed the Council and spoke to his medical conditions and that medical marijuana is the only medicine that seems to assist with his issues.  He spoke to the owners giving medicine to individuals who cannot pay for the medicine.
 
 
  1. Jeffrey Asbury, 2281 Table Rock Road, Medford spoke in support of Mary Jane’s Attic/Basement, he buys edibles there.  He does not believe in recreational use of marijuana. 
 
 
  1. Robert Graham, 2442 Fox Run, Medford addressed the Council in support of medical marijuana and the continued support of this business.
 
 
  1. Rebecca Taylor, 855 Virginia Dr., Central Point addressed the Council in support of medical marijuana and the applicants business
 
 
  1. Karen Averill, 785 L. Fk. Humbug Creek, Applegate addressed the Council in support of Mary Jane’s Attic/Basement.  She noted that this business brings in customers for other businesses in the community.
 
 
  1. Lindsey Rinehart, 314 S. 1st Street, Talent addressed the Council and spoke to her experience in obtaining black market marijuana.  She spoke to getting medical marijuana for free from Mary Jane’s Attic/Basement.
 
 
  1. Carmen West, 2211 Buena Vista Dr., Medford addressed the Council and spoke to the benefits of medical marijuana for her and the need to have a safe facility to obtain the marijuana.
 
 
  1. John Bur, 833 S. Riverside, Medford addressed the Council in support of the continuation of the business.  He noted that he is a grower, card holder and caregiver.  He spoke to support of safe access for individuals who are qualified to obtain marijuana.
 
 
  1. Christian Cook, 322 Newtown St., Medford addressed the Council and spoke to his medical condition that is best managed by use of medical marijuana. He stated that Mary Jane’s Attic/Basement is the only place in Medford to obtain medical marijuana.
 
  1. Jeff Griffin, 421 W. 4th Street, Medford addressed the Council. He is a caregiver and has seen the benefits of the use of medical marijuana in those who he has provided care to.  He encouraged the Council to support these dispensaries and the citizens who need this medicine.
 
Public hearing closed.
 
Councilmember Corcoran questioned what options the Council would be able to consider in this appeal and Mr. Huttl provided guidance.
 
Motion:  Confirm the revocation of the business license for Mary Jane’s Attic/Basement.
Moved by:  John Michaels                  Seconded by: Bob Strosser
 
Councilmembers discussed the evidence in the record regarding the grounds for revocation. They noted that there is a larger issue that will have further discussion regarding the future of the OMMP program, dispensaries, and how Federal/State governments will be working to resolve this national issue.
 
Roll Call:  Councilmembers John Michaels, Bob Strosser, Tim Jackle, Daniel Bunn, Dick Gordon, Eli Matthews and Chris Corcoran voting yes.
Motion carried and so ordered.
 
Motion:  Extend the meeting until business is completed.
Moved by:  Bob Strosser
All Councilmembers concurred to extend meeting.
        
130.   Ordinances and resolutions
         None
        
140.   Council Business
 
150.   Further reports from the City Manager and staff
 
160.   Propositions and remarks from the Mayor and Councilmembers
160.1    Further Council committee reports.
                    
160.2    Further remarks from Mayor and Councilmembers.
 
170.   Adjournment
         There being no further business the meeting adjourned at 10:06 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.
 
 
 
 
Glenda Wilson
City Recorder
 

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