Agenda & Minutes

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Mayor & Council (View All)

City Council Meeting Agenda & Minutes

Minutes
Thursday, October 06, 2016

AGENDA
12:00 Noon

Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon

10.    Roll Call
20.    Approval or Correction of the Minutes of the September 15, 2016 Regular Meeting
30.    Oral Requests and Communications from the Audience
         Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization.  PLEASE SIGN IN.
40.    Consent Calendar
         40.1     COUNCIL BILL 2016-122 A resolution affirming the Unified Appeal Board’s denial of a taxi driver identification card for Tiffany Perez.
         40.2     COUNCIL BILL 2016-123 An ordinance authorizing dedication of a 12 foot wide by 200 foot long strip of City owned property and the adjacent 10 feet as a public utility easement located at Stewart Avenue on the north side of Fire Station #2.
         40.3     COUNCIL BILL 2016-124 An ordinance authorizing execution of a Quitclaim Deed in favor of Brayco, LLC, to extinguish a 50 foot wide future public street reservation on property located near Center Drive, Parcel No. 1, Partition Plat No. P-86-2004, recorded December 20, 2004 and filed as Survey No. 18547 in the Office of the Jackson County Surveyor.
         40.4     COUNCIL BILL 2016-125 An ordinance authorizing acceptance and expenditure of a grant in the amount of $136,500 from the Office of National Drug Control Policy and the Oregon High Intensity Drug Trafficking Area Program for narcotic enforcement activities.
50.    Items Removed from Consent Calendar
60.    Ordinances and Resolutions
         60.1     COUNCIL BILL 2016-116 CONTINUED - An ordinance awarding a contract in an amount of $183,000 to USI to provide insurance consulting services for the management of the City’s health and optional insurance programs for three years.
         60.2     COUNCIL BILL 2016-126 An ordinance authorizing execution of an amendment to the lease agreement with Southern Oregon Veterans Benefits, to waive the requirement to obtain liability insurance prior to the issuance of building permits.
         60.3     COUNCIL BILL 2016-127 An ordinance awarding a contract in the amount of $605,823 to Brown and Caldwell for detailed design services for the Aeration Basin Project.
         60.4     COUNCIL BILL 2016-128 An ordinance amending section 8.015 of the Medford Municipal Code pertaining to the issuance of business licenses to marijuana dispensaries.
         60.5     COUNCIL BILL 2016-129 A resolution agreeing to pay any judgments and damages entered against Paul Mellgren and Patrick Dennis.
70.    Council Business
         70.1     Contract Renewal with Federal Lobbyist, CFM Strategic Communications
 80.    City Manager and Other Staff Reports
         80.1     ERP Update by Finance Director Alison Chan and Technology Services Director Doug Townsend
         80.2     Further reports from City Manager
 90.    Propositions and Remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Filipino-American History Month – October 2016
                        National Community Planning Month – October 2016
          90.2     Further Council committee reports
        90.3     Further remarks from Mayor and Councilmembers
100.  Adjournment to the Evening Session
         The evening meeting has been canceled as there are no items for council consideration.


MINUTES
12:00 Noon

Medford City Hall, Council Chambers
411 West 8th Street, Medford, Oregon
The regular meeting of the Medford City Council was called to order at 12:08 p.m. in the Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Daniel Bunn, Chris Corcoran, Dick Gordon, Tim Jackle, Eli Matthews, Kevin Stine
 
City Manager Brian Sjothun; City Attorney Lori Cooper; City Recorder Karen Spoonts
 
Councilmember Michael Zarosinski was absent.
 
McLoughlin Students of the Month
Vice Principal Rick Parsagian introduced the McLoughlin students of the month.
 
20.    Approval or correction of the minutes of the September 15, 2016 regular meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.    Oral requests and communications from the audience
         30.1     Jason Osborne, from Oregon Citizens for Cannabis Rights, stated he has been fined four times for having too many marijuana plants. He noted he has retained legal representation and requested Council put the ordinance on hold. Mayor Wheeler noted that because Mr. Osborne has obtained legal Counsel, the City Council cannot talk with him directly.
 
40.    Consent calendar
         40.1     COUNCIL BILL 2016-122 A resolution affirming the Unified Appeal Board’s denial of a taxi driver identification card for Tiffany Perez.
 
         40.2     COUNCIL BILL 2016-123 An ordinance authorizing dedication of a 12 foot wide by 200 foot long strip of City owned property and the adjacent 10 feet as a public utility easement located at Stewart Avenue on the north side of Fire Station #2.
 
         40.3     COUNCIL BILL 2016-124 An ordinance authorizing execution of a Quitclaim Deed in favor of Brayco, LLC, to extinguish a 50 foot wide future public street reservation on property located near Center Drive, Parcel No. 1, Partition Plat No. P-86-2004, recorded December 20, 2004 and filed as Survey No. 18547 in the Office of the Jackson County Surveyor.
 
         40.4     COUNCIL BILL 2016-125 An ordinance authorizing acceptance and expenditure of a grant in the amount of $136,500 from the Office of National Drug Control Policy and the Oregon High Intensity Drug Trafficking Area Program for narcotic enforcement activities.
 
Motion:      Adopt the consent calendar.
Moved by: Kevin Stine                                                      Seconded by:  Dick Gordon
Roll call:    Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Motion carried and so ordered.  The following Council Bills were approved: 2016-123, 2016‑124 and 2016-125.
 
50.    Items removed from consent calendar
Councilmember Corcoran requested removal of Agenda Item 40.1.  He explained that he was not present for the appeal discussion and could not vote on the topic.
 
Motion:      Approve Agenda Item 40.1
Moved by: Dick Gordon                                                    Seconded by:  Daniel Bunn
Roll call:    Councilmembers Bearnson, Bunn, Gordon, Jackle, Matthews and Stine voting yes; Councilmember Corcoran abstaining.
Motion carried and so ordered.  The following Council Bill was approved: 2016-122.
 
60.    Ordinances and resolutions
         60.1     COUNCIL BILL 2016-116 CONTINUED - An ordinance awarding a contract in an amount of $183,000 to USI to provide insurance consulting services for the management of the City’s health and optional insurance programs for three years.
 
City Attorney Lori Cooper stated that staff recommended the removal of Council Bill 2016‑116 in order to create an addendum excluding the police and fire unions from the contract.
 
MotionPull Agenda Item 60.1 and direct staff to negotiate and prepare an addendum excluding the firefighters and police unions.
Moved by: Dick Gordon                                                    Seconded by: Chris Corcoran
 
City Manager Brian Sjothun clarified that he spoke with the fire and police unions regarding removal of their groups from this agreement. He also noted that, pursuant to Code, the City Manager has the authority to sign the agreement.  If Council desired, he could sign the revised contract to expedite the process.
 
Ms. Cooper stated Medford Code Section 2.589 gives the City Manger the authority to grant these agreements. 
 
Amended Motion: Pull 60.1 and direct staff to negotiate and prepare an addendum excluding the firefighters and police unions; Council also authorizes the City Manager to sign the contract to expedite the process.
Moved by: Dick Gordon                                                    Seconded by: Chris Corcoran
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Motion carried and so ordered.
 
         60.2     COUNCIL BILL 2016-126 An ordinance authorizing execution of an amendment to the lease agreement with Southern Oregon Veterans Benefits, to waive the requirement to obtain liability insurance prior to the issuance of building permits.
 
                     Councilmember Stine requested a staff report. Interim Parks and Recreation Director Rich Rosenthal presented the staff report noting Southern Oregon Veterans Benefits requested waiving of the comprehensive insurance until they are ready pull building permits. Ms. Cooper clarified this amendment requires the group to provide proof of insurance at the time building permits are obtained, and that no activity will be authorized on the property without approved building permits.
 
Motion:      Adopt the ordinance.
Moved by: Clay Bearnson                                                Seconded by: Daniel Bunn
Roll call: Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Ordinance 2016-126 was duly adopted.
 
         60.3     COUNCIL BILL 2016-127 An ordinance awarding a contract in the amount of $605,823 to Brown and Caldwell for detailed design services for the Aeration Basin Project.
 
                     Councilmember Stine requested a staff report. Public Works Director Cory Crebbin noted bacteria breaks down waste using oxygen; the facility plan identified a need for an upgrade to the aeration basin.  The funding will come from sewage treatment trust funds and sewage treatment SDC funds. Councilmember Bunn questioned what is causing the need for this; Mr. Crebbin noted this is a capacity issue, but could address some environmental issues in the future.
 
MotionAdopt the ordinance.
Moved byKevin Stine                                                     Seconded by: Daniel Bunn
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Ordinance 2016-127 was duly adopted.
 
         60.4     COUNCIL BILL 2016-128 An ordinance amending section 8.015 of the Medford Municipal Code pertaining to the issuance of business licenses to marijuana dispensaries.
 
                     Councilmember Bunn questioned if an appeal court has weighed in on this; Deputy City Attorney Kevin McConnell noted the Jackson County Circuit Court ruled in our favor and there was no need to go any further with the matter. Mr. McConnell also clarified that Council allowed marijuana dispensaries in October of 2015.
 
Motion:      Adopt the ordinance.
Moved by: Kevin Stine                                                      Seconded by: Eli Matthews
 
Councilmember Jackle questioned the definition of a dispensary; Mr. McConnell provided information on the history of marijuana dispensaries, the home rule authority and state law. Mr. McConnell stated this ordinance does not affect recreational marijuana.
 
Roll callCouncilmembers Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes; Councilmember Bearnson abstaining.
Ordinance 2016-128 was duly adopted.
 
         60.5     COUNCIL BILL 2016-129 A resolution agreeing to pay any judgments and damages entered against Paul Mellgren and Patrick Dennis.
 
                     Councilmember Bunn requested a staff report; Ms. Cooper noted that outside counsel recommended this resolution because punitive damages have been alleged and this resolution is necessary, because we are self-insured. Councilmember Stine questioned whether there was any history on this in Medford or other cities; Ms. Cooper noted other jurisdictions have passed resolutions similar to this, but a resolution is necessary at this time because this is the first time since Medford became self-insured that punitive damages have been alleged against an employee.
 
MotionAdopt the resolution.
Moved byDaniel Bunn                                                    Seconded by: Kevin Stine
 
Councilmember Bunn commented that Council has been briefed on the case and believes our officers acted correctly and therefore indemnification is appropriate.
 
Roll callCouncilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Matthews and Stine voting yes.
Ordinance 2016-129 was duly adopted.
 
70.    Council Business
         70.1     Contract Renewal with Federal Lobbyist, CFM Strategic Communications
Mr. Sjothun noted the contract expired September 30 and this was an amendment extending the contract through December 31, 2017. The new date would allow CFM to report at the end of the legislative session in Washington DC. There is funding available and approval is within City Manager’s authority. Councilmember Stine questioned whether the contract stated Council needed to vote on any extension; Mr. Sjothun stated there is no requirement that Council approve extensions, but he did not want to extend the contract if Council was not satisfied with their services. No objections or concerns were voiced; Mr. Sjothun noted he would move forward with the extension.
 
80.    City Manager and other staff reports
         80.1     ERP Update by Finance Director Alison Chan and Technology Services Director Doug Townsend
Technology Services Director Doug Townsend presented the update on the software replacement project, noting the current software is approximately 20 years old. The project is on time and within budget. Mr. Townsend stated that Project Manager/Assistant Director of Technology Services Barbara Madruga serves as part of the Executive Team, along with Finance Director Alison Chan, Human Resources Director Mike Snyder and himself.
 
Councilmember Gordon questioned whether Code changes were required before the Municipal Court upgrade; Ms. Chan noted the Code outlined the jury selection process. Staff plans to conduct the January jury call as usual, and is researching the procedure in other cities to update our process after January.
 
Councilmember Gordon noted the “go live” date is April 1, and asked Ms. Chan how she would manage the system changeover and budget preparation simultaneously; Ms. Chan noted personal services will be prepared in the old system and the remainder of the budget will be done in One Solution.  The information in the older system can be uploaded using Excel spreadsheets.  This will save us from having the chart of accounts in our old software for two years. Staff is working with the new software, although it is not live at the present time.
     
         80.2     Further reports from City Manager
                     a.   Ballot measure timeline outlining what will happen if the marijuana ballot measure pass or fail.
 
90.    Propositions and remarks from the Mayor and Councilmembers
         90.1     Proclamations issued:
                        Filipino-American History Month – October 2016
                        National Community Planning Month – October 2016
 
         90.2     Further Council committee reports
                      a.   Mayor Wheeler noted the black and white pictures of General McArthur signing the declaration ending the war with Japan in the Pacific were all photographed by a Filipino American and the negatives are archived in the valley.
 
         90.3     Further remarks from Mayor and Councilmembers
                     a.   Mayor Wheeler congratulated City Recorder Karen Spoonts for her appointment as the OAMR Region V Director. The position has a two-year term. Mayor Wheeler noted his appreciation of Ms. Spoonts and her work over the years.
 
                     b.   Councilmember Jackle noted he and Councilmember Bunn will be attending an IPMC meeting on October 14, 2016 at 9:00 a.m. Other Councilmembers are welcome to attend, but the meeting would need to be noticed if there are more than four attending.
 
                     c.   Councilmember Stine noted that he and Mr. Sjothun attended the ribbon cuttings at Dicks Sporting Goods and Field and Stream.
 
                     d.   The Police Ribbon Cutting Ceremony will be held today at 2:00 p.m.
     
100.  Adjournment
There being no further business, this Council meeting adjourned at 1:04 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.
 
 
 
 
Karen M. Spoonts, MMC
City Recorder
 
 
 

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