Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting

Thursday, April 03, 2014

                                       MINUTES OF THE MEDFORD CITY COUNCIL MEETING
                                                                     April 3, 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, Chris Corcoran, Bob Strosser, Daniel Bunn, Eli Matthews and John Michaels.
Councilmember Tim Jackle was absent.
City Manager Eric Swanson; Deputy City Manager Bill Hoke; City Attorney John Huttl; City Recorder Glenda Wilson.
20.     Approval or correction of the minutes of the March 20, 2014 regular meeting
         There being no corrections or amendments, the minutes were approved as presented.
30.     Oral requests and communications from the audience
40.     Consent calendar
40.1   COUNCIL BILL 2014-38  An ordinance authorizing acceptance and expenditure of a grant from Oregon Community Trees in the amount of $460 for Arbor Day activities.
40.2   COUNCIL BILL 2014-39  An ordinance authorizing acceptance and expenditure of a restricted donation in the amount of $1,300 for the City of Medford Graffiti Eradication Program.
40.3   COUNCIL BILL 2014-40  An ordinance awarding a contract in the amount of $335,585 with Knife River Materials, Inc. for asphalt pavement maintenance.
Motion: Adopt the consent calendar.
Moved by:  John Michaels                                    Seconded by:  Eli Matthews
Roll Call:  Councilmembers John Michaels, Eli Matthews, Karen Blair, Dick Gordon, Chris Corcoran, Bob Strosser and Daniel Bunn voting yes.
Motion carried and the following Council bills were duly adopted: 2014-38, 2014-39 and 2014-40.
Councilmember Gordon questioned who the donor for the Graffiti Abatement program was and Deputy Chief Randy Sparacino noted this was a court restitution.
Councilmember Gordon requested a listing of the streets that will be maintained by the approval of Agenda Item 40.3.
50.     Items removed from consent calendar
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2014-41  An ordinance authorizing a design-build contract in an amount not to exceed $523,400 to Adroit Construction Co., Inc., for completion of the Police Department’s Property Control Facility, Phase 2.
Motion:  Adopt the ordinance authorizing a design-build contract in an amount not to exceed $523,400 with Adroit Construction Company, Inc.
Moved by:  Bob Strosser                         Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Karen Blair, Eli Matthews, John Michaels, Dick Gordon and Chris Corcoran voting yes.
Ordinance 2014-41 was duly adopted.
60.2   COUNCIL BILL 2014-42 An ordinance authorizing execution of an Amendment to the Ground Lease Agreement with Table Rock Group, LLC, to approve additional improvements on the property located at Whetstone Industrial Park; and terminating a Setback Easement.
Motion:  Adopt the ordinance authorizing the amendment with revisions proposed to the Ground Lease Agreement with Table Rock Group, LLC.
Moved by:  John Michaels                        Seconded by:  Daniel Bunn
Jerry Shean, representing Table Rock Group, LLC noted there were two additional modifications he would request in the agreement regarding location of the pip to be “within” 50 feet of the property boundary and that pipe shall be buried no more than “9” feet underground.  City Attorney Huttl noted these changes were approved by the legal staff.
Roll Call:  Councilmembers John Michaels, Daniel Bunn, Karen Blair, Bob Strosser, Chris Corcoran, Eli Matthews and Dick Gordon voting yes.
Ordinance 2014-42 was duly adopted.
65.     Public Hearings
65.1   COUNCIL BILL 2014-43  An ordinance authorizing exemption from competitive bidding and awarding a contract in the amount of $499,020 to Musco Lighting for purchase and installation of lighting for U.S. Cellular Community Park, Phase IV.
Brian Sjothun, Parks & Recreation Director provided a staff report.  He noted that this is the sole manufacturer of the lighting fixtures in the remainder of the park and that this system is a condition of approval as required through the Conditional Use Permit for improvements to the park.  The system was also approved through an agreement with Rogue Valley Manor.
Public hearing opened.
Public hearing closed.
Motion:  Adopt the ordinance
Moved by:  Daniel Bunn                           Seconded by:  Bob Strosser
Roll Call:  Councilmembers Daniel Bunn, Bob Strosser, Karen Blair, Dick Gordon, John Michaels, Eli Matthews and Chris Corcoran voting yes.
Ordinance 2014-43 was duly adopted.
65.2   Consider an appeal of the Building Safety Director’s decision denying a business license for The Lounge. 
Kevin McConnell, Deputy City Attorney addressed the Council and requested that they support the denial of the business license given the evidence in the record.  He reviewed the facts of the case and that The Lounge is distributing marijuana which is illegal per Federal and City law.  He submitted Ordinance 2014-30 which was adopted by the Council on 3/20/14.
He spoke to another business owned by the same person that was denied a license and is still in operation and being cited daily.  He submitted the Oregon Secretary of State Business information for Patients Helping Patients, LLC.

Councilmember Gordon questioned the business license process and the denial of the license prior to the date of the police report.  Lt. Walruff responded and explained that all business license applications are routed to Police for review.  When he received the application he contacted Mr. Carvalho and he informed me that the business intended to be dispensing marijuana.  Upon finding that this business was operating without a license, he then arranged for the testifying witness to enter the business and get information regarding what the business was doing.
Public hearing opened.
1.  Phil Studenberg, representing The Lounge, and noted that this matter was pre-empted by state law and that the owner is not violating state law.  He noted this type of business is being litigated currently.  He spoke to U.S. Attorney taking a benign approach to these issues and the Mr. Carvalho did not violate the Oregon Medical Marijuana Program laws.  

2.  Mr. McConnell addressed the Council and noted that the evidence in the record supports the denial of the license.  The facility is not currently licensed by the Oregon Medical Marijuana Program as a dispensary and the City has enacted a moratorium on dispensaries.

3.  Mr. Studenberg, under rebuttal, asked the Council look at the legal arguments he presented.  He noted that they have applied for the dispensary license and are waiting to hear on that.
Public hearing closed.
Motion:  Uphold the denial of the business license for The Lounge.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Dick Gordon, Karen Blair, Eli Matthews, John Michaels and Chris Corcoran voting yes.
Motion carried and so ordered.
70.     Council Business
 70.1   Appointment to the Unified Appeals Board
Councilmember Bunn noted that there is a recommendation to appoint Alec Schwimmer to an open position on the Unified Appeals Board.
Motion:  Appoint Alec Schwimmer to a position on the Unified Appeals Board with a term ending 1/31/16.
Moved by:  Daniel Bunn               Seconded by:  John Michaels
Roll Call:  Councilmembers Daniel Bunn, John Michaels, Eli Matthews, Bob Strosser, Chris Corcoran and Karen Blair voting yes.  Councilmember Dick Gordon abstained.
Motion carried and so ordered. 
80.     City Manager and other staff reports
80.1   Mr. Swanson reported on the Connect 2 Oregon event that is occurring today at the Carnegie Building.  This is a collaborative effort with State and Federal government agencies that are providing training on certification and contracting as well as business finance programs to strengthen local communities.  He noted that there were sixteen government agencies and forty-seven private vendors attending.
80.2   Mr. Swanson noted that the next media spot will be on the Bill Meyer radio show on April 14 at 7:00 a.m.  We are looking for attendees and topics. 
80.3   Mr. Swanson reported that the City has received four architect submittals and three Construction Manager/General Contractor submittals for the Police Facilities projects.  The submittals are being reviewed for completeness and will be forwarded to the evaluation committee.  He noted that the submittals for the Fire Facilities projects are due next week.
80.4   Mr. Swanson reported on his presentation to the Mayor of Tamky City and the Governor of Quan Nam Providence from Viet Nam on Emergency Management. 
80.5   Mr. Swanson noted that the meeting schedule has changed in that we will be having an Executive Session on April 17th on the Bova litigation appeals court decision.
80.6   The memorial service for Karen Greenstein will be Saturday at 11:00 at the Ashland High School Gymnasium.
90.     Propositions and remarks from the Mayor and Councilmembers
90.1   Proclamations issued:
               Fair Housing Month, April 2014
               Arbor Month, April 2014
90.2   Further Council committee reports.
 a.   Councilmember Strosser reported on the Water Commission meeting and noted that the Commission is still working on data issues with software conversion but it is moving along.  He noted the next two meetings the Commission will be reviewing budgetary issues. 
b.   Councilmember Strosser reported on the Transportation Coordinating Committee meeting and discussion of three crosswalk issues.
c.   Councilmember Bunn reported on the Rogue Valley Metropolitan Organization meeting and  the approval of the Congestion Mitigation and Air Quality funding of projects including $3 million for the Foothills widening project. 
d.   Councilmember Gordon reported on tax meeting in Salem and that the Governor would like to revise the tax code but given various opposition, not sure how this would be done.
e.   Councilmember Gordon reported on the Rogue Valley Council of Governments meeting and that the organization is looking at the option to work with the Department of Environmental Quality on permit processing.  He also noted that Commissioner Breidenthal spoke to the O&C funding, coordination rights with the Forest Service.  Senator Bates was at the meeting and informed the attendees that the $650 million in funding for the Columbia I-5 crossing is gone.
f.    Councilmember Gordon reported on the Land Conservation and Development Commission Advisory Committee meeting and their discussion on marijuana issue.
90.3   Further remarks from Mayor and Councilmembers.
a.   Councilmember Blair spoke to concern regarding the education and information needed to assist the Council in better understanding of the impacts of the medical marijuana issue.  She requested a study session on this issue.
b.   Mayor Wheeler  spoke to an article written by a Boy Scout who did research and interviewed the Mayor regarding medical marijuana.  Mayor Wheeler stated that the report done was very informative and he would share with the Council. 
c.   Councilmember Gordon noted that the prohibition of a local gas tax has been lifted and City could now impose a local gas tax to help pay for street maintenance.
d.   Councilmember Matthews reported on the Pear Blossom Festival which will be held April 11-12 with a 5-k run, Mayor’s Cup run, parade and street fair in Pear Blossom Park.   Councilmember Corcoran spoke to the Pear Blossom Baby Contest.
e.    Mayor Wheeler noted that the evening session has been cancelled.
100.   Adjournment
There being no further business the meeting adjourned at 1:13 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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