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City Council Meeting
Thursday, March 20, 2014
MINUTES OF THE MEDFORD CITY COUNCIL MEETING
March 20, 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 Dick Gordon, Karen Blair, Bob Strosser, Daniel Bunn, Eli Matthews, Tim Jackle, John Michaels and Chris Corcoran.
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
McLoughlin Students of the Month
Assistant Principal Rick Parsagian updated the Council on the school activities and introduced the students.
Employees from the Parks & Recreation, Police and Public Works departments were recognized for their years of service.
James Alger, Warehouse/Trades Technician for Public Works and Deanne Sanders, Financial Support Technician in the Finance Department were introduced.
20. Approval or correction of the minutes of the March 6, 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 Avista’s 125th Anniversary – Mayor Wheeler read a proclamation celebrating Avista’s 125th Anniversary and presented the proclamation to Steve Vincent from Avista. Mr. Vincent addressed the Council and spoke to the Company’s innovations and achievements in reaching this milestone.
30.2 Mike Miles, 1203 N. Riverside Ave., Medford addressed the Council regarding the condition of the schools and education of youth. He spoke to the expenditure of funds for the Police and Fire facilities and questioned the reasoning used by Council to make this decision. He provided thoughts on how to utilize these funds differently.
30.3 Robert Soltz addressed the Council regarding the restrictions concerning medical marijuana. He spoke in opposition to the Council approving any further laws restricting access to medical marijuana.
40. Consent calendar
40.1 COUNCIL BILL 2014-31 A resolution authorizing a transfer of $146,000 to the Human Resources Department from the Fire Department ($51,000) and the Finance Department ($95,000).
40.2 COUNCIL BILL 2014-32 An ordinance awarding a contract in the amount of $187,028.24 to Blackline, Inc., to perform slurry seal on various city streets.
40.3 REMOVED By Councilmember Gordon.
40.4 REMOVED By Councilmember Gordon.
Motion: Adopt the consent calendar.
Moved by: Daniel Bunn Seconded by: Bob Strosser
Roll Call: Councilmembers Daniel Bunn, Bob Strosser, Karen Blair, Chris Corcoran, Dick Gordon, John Michaels, Tim Jackle and Eli Matthews voting yes.
Motion carried and Council Bills 2014-31 and 2014-32 were duly adopted.
50. Items removed from consent calendar
40.3 COUNCIL BILL 2014-33 A resolution affirming the Finance Director’s decision to revoke the business license for MaryJane’s Attic/MaryJane’s Basement; adopting findings.
Councilmember Gordon requested a staff report on Agenda Items 40.3 and 40.4. City Attorney John Huttl addressed the Council and noted that Agenda Item 40.3 would adopt the findings and final order regarding the revocation of the business license for MaryJane’s Attic/MaryJane’s Basement based on the City Council direction from the March 6, 2014 public hearing.
Motion: Adopt the resolution affirming the Finance Director’s decision to revoke the business license for MaryJane’s Attic/MaryJane’s Basement.
Moved by: John Michaels Seconded by: Bob Strosser
Roll Call: Councilmembers John Michaels, Bob Strosser, Eli Matthews, Tim Jackle, Dick Gordon, Chris Corcoran, Daniel Bunn and Karen Blair voting yes.
Resolution 2014-33 was duly adopted.
40.4 COUNCIL BILL 2014-30 SECOND READING. An ordinance amending Section 8.015 of the Medford Code prohibiting marijuana dispensaries in the City of Medford.
Mr. Huttl provided a staff report on 40.4 and noted that this would establish a moratorium on any medical marijuana dispensary indefinitely or until May 2015 if language regarding banning of dispensaries is stricken down. Mr. Huttl noted that a draft of the ordinance was presented at the 3/6 meeting and this was adopted with amendments. He noted additional feedback was received by council since publication of agenda packet and therefore an additional ordinance was presented at Council places to incorporate clarifying language.
Motion: Adopt the final revised ordinance amending Section 8.015 of the Medford Code prohibiting marijuana dispensaries in the City of Medford.
Moved by: John Michaels Seconded by: Tim Jackle
Roll Call: Councilmembers John Michaels, Tim Jackle, Eli Matthews, Dick Gordon, Chris Corcoran, Daniel Bunn, Karen Blair and Bob Strosser voting yes.
Ordinance 2014-30 was duly adopted.
60. Ordinances and resolutions
60.1 COUNCIL BILL 2014-34 An ordinance amending Section 5.265 of the Medford Code pertaining to smoking in public buildings, parks and facilities.
Motion: Adopt the ordinance amending Section 5.265 of the Medford Code pertaining to smoking in public buildings, parks and facilities.
Moved by: Bob Strosser Seconded by: Eli Matthews
Councilmember Matthews spoke to the motion and the intent is to provide safe and healthy environments for citizens.
Roll Call: Councilmembers Bob Strosser, Eli Matthews, Karen Blair, Dick Gordon, Daniel Bunn, Tim Jackle, John Michaels and Chris Corcoran voting yes.
Ordinance 2014-34 was duly adopted.
60.2 COUNCIL BILL 2014-35 An ordinance authorizing exemption from competitive bidding and awarding a contract in the amount of $520,461 to Johnson Controls for the purchase and installation of equipment for the energy management and card access systems at various City facilities.
City Attorney Huttl noted that staff is withdrawing Agenda Item 60.2 and this will be brought back to Council at the April 17th Council meeting.
60.3 COUNCIL BILL 2014-36 An ordinance awarding a contract in the amount of $116,401 to Hardey Engineering and Associates to provide various services related to U.S. Cellular Community Park – Phase IV.
Motion: Adopt the ordinance awarding a contract in the amount of $116,401 to Hardey Engineering and Associates to provide various services related to U.S. Cellular Community Park – Phase IV.
Moved by: Daniel Bunn Seconded by: Bob Strosser
Councilmember Jackle noted he would abstain as his employer represents Hardey Engineering; Councilmember Corcoran noted he would be abstaining to avoid any potential conflict.
Roll Call: Councilmembers Daniel Bunn, Bob Strosser, John Michaels, Karen Blair, Dick Gordon and Eli Matthews voting yes. Councilmembers Tim Jackle and Chris Corcoran abstained.
Ordinance 2014-36 was duly adopted.
60.4 COUNCIL BILL 2014-37 An ordinance amending Section 4.1205 of the Medford Code pertaining to adjustment of utility billing errors.
Motion: Adopt the ordinance amending Section 4.1205 of the Medford Code pertaining to adjustment of utility billing errors.
Moved by: Bob Strosser Seconded by: Daniel Bunn
Roll Call: Councilmembers Bob Strosser, Daniel Bunn, Karen Blair, Dick Gordon, Eli Matthews, Tim Jackle, John Michaels and Chris Corcoran voting yes.
Ordinance 2014-37 was duly adopted.
70. Council Business
70.1 Councilmember Bunn spoke to a request for Council approval to support Councilmember Dick Gordon as he participates on statewide policy committees by reimbursing him for travel expenses.
Motion: Authorize reimbursement of up to $2,000 for travel expenses for Councilmember Gordon.
Moved by: Daniel Bunn Seconded by: John Michaels
Roll Call: Councilmembers Daniel Bunn, John Michaels, Dick Gordon, Karen Blair, Chris Corcoran, Tim Jackle, Bob Strosser and Eli Matthews voting yes.
Motion carried and so ordered.
70.2 Appointment of youth member to Arts Commission
Motion: Appoint Toreah Foy as the youth member to the Arts Commission.
Moved by: Eli Matthews Seconded by: Daniel Bunn
Roll Call: Councilmembers Eli Matthews, Daniel Bunn, Karen Blair, Dick Gordon, Bob Strosser, John Michaels, Tim Jackle and Chris Corcoran voting yes.
Motion carried and so ordered.
70.3 Councilmember Bunn noted that the April 24th Study Session with the Planning Commission will be held in the Carnegie Building and will start at 11:15 for lunch and the meeting starting at 11:30.
80. City Manager and other staff reports
80.1 Capital Improvement Project Update Report
Mr. Swanson spoke to the report and noted that the Police Property Control Project, committee met with all four companies who submitted and they are finalizing recommendation for Council approval.
80.2 Mr. Swanson reported on next steps for enforcement on the medical marijuana dispensary. Staff will be seeking injunction relief if voluntary compliance for closure of business is not received. This is a City Manager authorized decision but wanted to bring to Council given the local and statewide significance of this issue.
Mr. Huttl spoke to the actions taken today by the Council and that the laws enacted will be utilized as there are other businesses engaging in disbursement of medical marijuana. He noted that staff will be issuing citations for those businesses not in compliance with the law.
Councilmember Gordon questioned what options the owners of MaryJane’s Attic/MaryJane’s Basement have at this point. Deputy City Attorney Kevin McConnell addressed the Council and informed them that he had delivered “cease and desist” letters to Mr. Berger who is representing the business owners. Mr. Berger informed him that they will be pursuing a writ of review in Circuit Court on Monday. Mr. Huttl noted that the Council should make no further comments on this issue as there is pending litigation.
80.3 Mr. Swanson noted that a memo from Greg McKown, Parks & Facilities Superintendent has been distributed to Council. The memo addresses deficiencies in the City’s flagpole facilities. This was brought forward as there are standards regarding the lighting of flags and based on the assessment, updates to the City’s facilities need to be done. The estimated cost to update the lighting at the seventeen facilities is $30,000. Funding to make bring the City facilities up to standards could be provided from existing contingency funds or the Council could direct that this be brought back in the next budget process. Council discussed the need to meet standards and requested this come forward in the next budget.
80.4 Mr. Swanson spoke to the Connect 2 Oregon effort with the State and Federal government agencies to provide practical training on certification, contracting, as well as business finance programs to strengthen local communities. He noted the first state-wide training is scheduled for April 3 in Medford. Purchasing Agent Jennifer Habermann has been working to coordinate this program and has worked with the Chamber and SOREDI to ensure local businesses are invited to attend the free seminars. An invitation only event will be held that evening for elected officials and more information will be sent to the Council.
80.5 Mr. Swanson announced the next Medford Forum will be on March 27th and Councilmember Dick Gordon will be hosting League of Oregon Cities Chris Fick. They will be discussing Oregon’s Property Tax issues. Councilmember Gordon noted that Mr. Fick will also be presenting on March 27th in Ashland at the Medford Rogue Rotary meeting on Friday at noon.
80.6 Mr. Swanson noted that the Police Projects mandatory pre-submittal and pre-proposal meetings were held on Wednesday and that there were approximately 25 attendees at the meetings. The meetings were to provide an opportunity for respondents to get clarification on the process and documentation requirements for submissions for the projects. Attendees felt the process was very informative and helpful. Similar meetings will be held on Friday for the Fire projects.
80.7 Mr. Swanson noted that the next KCMX radio spot will be on Tuesday, March 25th and Police Chief Tim George will be attending.
80.8 Mr. Swanson noted that this week is the 81st anniversary of the line-of-duty murder of Medford Police Officer George Prescott death.
80.9 Mr. Swanson noted he will be out of town from March 21 through March 31 and Bill Hoke will be the Acting City Manager during this time.
90. Propositions and remarks from the Mayor and Councilmembers
90.1 Proclamations issued:
Avista’s 125th Anniversary – March 2014
90.2 Further Council committee reports.
a. Councilmember Strosser reported on the Water Commission meeting and that the Commission is making progress on the agreement with Ashland, other agreements still in process; still working through software issues.
b. Councilmember Bunn reported on the Cemetery Commission and the work they are accomplishing at the cemetery.
c. Councilmember Gordon reported on the Travel Medford meeting; Metro Medford and the street fair for the Pear Blossom is looking really good this year, lots of participation from vendors. He spoke to the Color Run event and they have 3,000 participants already signed up. Starts and finishes at Hawthorne Park and the route is through the downtown core. Would like updates from staff on how this event is being handled.
d. Mayor Wheeler reported on the Chamber Board meeting and a report from Phil Long, 549C Superintendent on the teacher’s strike. He also noted that the Chamber Board voted to support the change in the City level of service requirements to encourage business.
e. Mayor Wheeler reported on his communication with a representative from the Oregon Travel Experience council. The Council will be holding a meeting in Medford on May 20th and Mayor Wheeler will get additional information to share with the City Council on the meeting. He suggested that someone from Council and staff may want to attend.
Councilmember Gordon commented on the ODOT Travel Center proposal and the landscaping design. He expressed concern that the landscaping will require water resources and would like to have this addressed with ODOT. He also spoke to getting preferential treatment for Medford to have a significant presence in the new Welcome Center.
90.3 Further remarks from Mayor and Councilmembers.
a. Councilmember Michaels addressed the Council regarding pursuit of a Google fiber installation here in Medford. He noted that Council did receive information from Ron Fox at SOREDI regarding the Portland Google project but would like to see SOREDI and the City pursue this for our community. Mr. Swanson noted that staff will follow up with SOREDI regarding what we can do to be a pilot project.
b. Councilmember Matthews noted that the Mayor’s Youth Advisory Commission will be volunteering at the April 5th Arbor Day event at Hawthorne Park.
Mayor Wheeler announced that the evening session of the City Council meeting has been cancelled but that there is a six o’clock Medford Urban Renewal Agency meeting.
100. Adjournment to the evening session
There being no further business the meeting adjourned at 1:26 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.