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City Council Minutes

Minutes
Thursday, July 16, 2015

                               
 July 16, 2015
Medford City Hall, Council Chambers
411 West Eighth Street, Medford, Oregon
 
 
The regular meeting of the Medford City Council was called to order at 12:00 p.m. in the Council Chambers of the Medford City Hall 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, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; Deputy City Recorder Karen Spoonts
 
Pro Tem City Manager Bill Hoke introduced Jesse Nyberg Parks and Recreation Supervisor as employee of the quarter. Acting Parks and Recreation Director Rich Rosenthal commented on Mr. Nyberg’s accomplishments.
 
Employees from Building, Police and Public Works Departments were recognized for their years of service; Tanner Fairrington, Fire Inspector, was recognized for his promotion.
 
Jay Stine, Building Department Residential Inspector, Jason Dunbar, Parks Building Utility Technician III, Megan Bartling, Police Property Specialist, and Christina Charvat, Public Works Engineering Technician III were introduced.
 
20.    Approval or correction of the minutes of the June 25 special meeting and July 2 regular meeting
         There being no additions or corrections, the minutes were approved as presented.
 
30.    Oral requests and communications from the audience
         30.1     Rogue Valley Disposal Leaf Pickup Program
            Laura Leibert and Wendell Smith of Rogue Disposal provided information about the leaf disposal program and brought forth a new proposal for consideration. Providing leaf disposal services since 1999, Rogue Disposal collected 1053 tons of leaves per year.  Since 2007 there has not been an increase in fees for services; Rogue Disposal would like to avoid asking for any increase in the upcoming term, however, cost increases are reaching the current cap so cost containment measures were suggested. 1) Elimination of direct mail to customers and utilize direct electronic, notice on bills, and public service announcements, etc. 2) Elimination of the purchase and distribution of plastic bags. 3) An extension of the two year agreement to a four year agreement. With the suggested changed Rogue Disposal could keep the current rate.
 
Councilmember Bunn questioned the current rate and savings.  Ms. Leibert stated the current rate is $125,500 per year; the changes would net a savings of $20,000 per year which is about 50/50 from bags/direct mail. Councilmember Bunn then stated that for $10,000 we could continue to use the bags.  Ms. Liebert indicated, yes.  Councilmember Matthews questioned what the alternative would be to using the clear bags.   Ms. Leibert stated people would use their own bags or put the leaves in green bins. Councilmember Stine questioned the number of complaints they would receive without the bags. Ms. Leibert was not sure the utilization of the bags since it was started. Councilmember Corcoran noted that he uses 50 bags a year but he would use bags nevertheless. He would like to keep the leaf bag going. Councilmember Bunn was okay with the City coming up with an additional $10,000/year to keep the bags going. Councilmember Corcoran noted we left a lot of unresolved issues in the budget and he would fund SOREDI vs. leaf bags. Mayor Wheeler noted that it is a great service to have the leaves picked up at the curb. He questioned how the renewal process will work; Public Works Director Cory Crebbin noted that staff will bring the addendum to the franchise agreement to Council for approval.
 
40.    Consent calendar
        
50.    Items removed from consent calendar
 
60.    Ordinances and resolutions
         60.1     COUNCIL BILL 2015-76  An ordinance authorizing exemption from competitive bidding and authorizing the purchase of a 2015 Volvo dump truck in the amount of $150,366.38 from Tec Equipment of Medford.   
        
Motion:  Adopt the ordinance authorizing exemption from competitive bidding and authorizing the purchase of a 2015 Volvo dump truck in the amount of $150,366.38 from Tec Equipment of Medford.   
Moved by:  Chris Corcoran                                           Seconded by:  Tim Jackle
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, Matthews and Zarosinski voting yes.
Ordinance #2015-76 was duly adopted.
 
         60.2     COUNCIL BILL 2015-77  An ordinance awarding a contract in the amount of $868,868 to Knife River Materials for construction of the Riverside North Parking Lot located at 100 North Riverside Avenue. 
 
                     This item was pulled from the agenda as requested by staff.
 
         60.3     COUNCIL BILL 2015-78  An ordinance authorizing execution of a contract in an amount not to exceed $178,080 with Rogue Valley Community Television to provide cable casting services through June 30, 2017. 
 
Motion:  Adopt the ordinance authorizing execution of a contract in an amount not to exceed $178,080 with Rogue Valley Community Television to provide cable casting services through June 30, 2017. 
Moved by:  Clay Bearnson                                            Seconded by:  Eli Matthews
 
Councilmember Gordon requested information on increases for the additional broadcasting that would occur for the Medford Room and the Carnegie Building.  Brandon Givens, Manager of S.O. Media Center, noted the new contract does have information for additional media. City Manager Pro Tem Bill Hoke requested Mr. Givens talk about the chaptering to new meetings going forward which will be a link for each agenda item. Mr. Givens encouraged Council to check out the video for the July 2, 2015 Council meeting so that they could see how chaptering worked; he then demonstrated the chaptering as requested by Mayor Wheeler. 
 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, Matthews and Zarosinski voting yes.
Ordinance #2015-78 was duly adopted.
 
      60.4        COUNCIL BILL 2015-70 SECOND READING. An ordinance adding Sections 5.650 through 5.654 to the Medford Code pertaining to the control of recreational and medical marijuana.             
 
Deputy City Attorney Kevin McConnell requested a continuance of the ordinance as he heard from Councilmember Gordon it may not be the intent stated at the last council meeting. He would like to clean up the language; it was not intended to limit plants from State law as we do this by zone text amendment. He recommended waiting until October plays out to limit production of marijuana plants in residential zones. You have your greatest Home Rule authority when you are addressing public health safety issues.  If we have a record that there have been many complaints this September/October then your zone text amendment would be based on these complaints and would have a greater chance of withstanding a legal challenge. He strongly suggested that Council adopt an offensive odor issue and not limit the number of plants at this time.
 
Motion:  Move for a continuance. 
Moved by:  Kevin Stine                                                 Seconded by:  Clay Bearnson
 
Mr. McConnell suggested a date certain be set, and he would be ready to come back at the next Council meeting, however he would like some direction as to what Council really wants. 
 
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Jackle, Stine, and Matthews voting yes.  Councilmembers Gordon and Zarosinski voting no. 
Motion passed. 
 
Mayor Wheeler questioned what direction Council would like to give to staff.  Councilmember Bearnson indicated tallying up the issues this fall like Mr. McConnell had suggested.  Councilmember Jackle indicated he did not agree that the zoning ordinance was the only place for a plant limitation to be but would like this to come back to Council.
 
Councilmember Bearnson questioned what this would do for plants in the ground right now, are they expected to rip them out if we pass this ordinance.  Mr. McConnell noted this would be a nuisance ordinance and would be complaint based driven.  He indicated that if the Medford Police Department did go to a dwelling for another call and they did notice that there were more plants than what were allowed under State law or local law then they would not ignore that.  Mr. McConnell agreed with Councilmember Jackle that you could put this on a nuisance ordinance but it would be extremely difficult to draft it correctly and quickly. He stated we want to do it the right way and not open ourselves up to the interpretations of the law that were not anticipated.
 
Councilmember Corcoran noted the grow season is here; he would like an odor ordinance and then come back with the results of the grow season. We could spend a lot of money with legal fees if we limited plants from what the State says. Mayor Wheeler agreed that a nuisance law would be appropriate. Mr. McConnell indicated he could do that very quickly and noted that State law does allow an injunction, if needed. Councilmember Corcoran questioned if this only applies to marijuana grows or commercial establishments that allow smoking in a building. Mr. McConnell indicated it was drafted for home grows.  Councilmember Corcoran questioned if we should have an ordinance to address that. Mr. McConnell stated that the Planning Department is working on this issue. Mayor Wheeler questioned home occupation and our control of that. Mr. McConnell stated that we may have medical marijuana producers on the retail side but not many medical marijuana producers having huge grows in a city as they are limited by State law. Councilmember Bearnson commented on Councilmember Corcoran’s question pertaining to use of marijuana at a business and the restrictions by OLCC.  Councilmember Corcoran noted that we had one such business. Councilmember Corcoran questioned if medical marijuana growers are only allowed to recoup expenses; Mr. McConnell noted there is leeway on how much they can recoup and HB 3400 was drafted to rein that in. Mr. McConnell questioned if he should come back in two weeks with a proposed marijuana nuisance offensive odor only ordinance with no language as to plant limitations at this time.   
 
Councilmember Gordon stated he made the original motion and still agreed with it, that both issues need to be dealt with. He thought we would be saddling the Police Department and Code Enforcement with a real challenge and also pitting neighbors against neighbors if we did not address both issues. If we keep the limitation in there we will deal at the same time with reducing the odor issue, so his preference would be that you come back with both.   
 
Councilmember Zarosinski questioned if the plant number causes the problem or is the ban easier.  Mr.  McConnell noted the ban was easier and thought Council’s desire was by lot. Keeping the ordinance with a plant limitation could keep us in litigation.
 
City Attorney Lori Cooper questioned if the City would have a hard time defending itself against a total ban versus some sort of reasonable plant limitation.  Mr. McConnell noted that there would be litigation issues. He would like an offensive odor ordinance and wait to see what happens with the State. Otherwise he would need more than a few weeks. Councilmember Zarosinski questioned the lot issue and being defensible.  Mr. McConnell indicated it was up to Council if they wanted to defend the ordinance; he again stated that Home Rule authority is greatest when you are responding to public health and safety issues.   
 
Councilmember Bearnson suggested the multi-family units be in landlord/tenant agreements.  As far as the plant size limit he suggested to bring it in alignment with State regulations. If larger properties within the city limits have a medicinal permit process perhaps they can be regulated through a conditional use permit (CUP) process. 
 
Councilmember Stine questioned the difference between a dwelling and a tax lot.  Mr. McConnell noted a dwelling can be an apartment complex. Councilmember Stine stated that he lives in an apartment and do to size you can’t grow anything. Councilmember Bunn thought the best way to handle this would be to go through the land use process, but that is going to take some time.  He thought it is wholly appropriate for us to use our general police powers and declare a nuisance as an intermediate step. Regarding the issue of odor versus the limit on plants he thought Council needed to vote on both items separately as they are controversial.
 
Councilmember Jackle suggested that we bring back the same ordinance and debate plant limitation. Councilmember Corcoran questioned if we are bringing it back why not vote now. Mr. McConnell stated he needed more time to work on the ordinance with proper verbiage. The odor issue can work for any number of plants. Ms. Cooper questioned if the odor ordinance is ready to go. Mr. McConnell noted that he still needed to change a few items.  Councilmember Bunn questioned if this can brought back to the evening session. Mr. McConnell stated that he could do that portion and have it ready for the evening session. Councilmember Bunn thought that maybe we could reach an agreement on some of the issues tonight.  Councilmember Stine questioned if we will have amendments why not put it on the books. Councilmember Bunn noted that it is not a perfect ordinance but this will give the public an idea of Council’s desire. Councilmember Corcoran noted we are put in a situation where it is new social grounds but we are stuck with it. Councilmember Gordon questioned landlord/tenant laws in the State of Oregon and if they can prohibit growing marijuana.  Mr. McConnell was unsure of the answer. Councilmember Gordon requested that information, CC&R’s, and covenant of the land. Councilmember Corcoran noted we could still move ahead with the odor/nuisance ordinance.  Councilmember Gordon did not think it would work as the process is too long to deal with odor problems. Mayor Wheeler would like to bring back the odor/nuisance tonight. Councilmember Jackle would like the whole thing tonight. Councilmember Bunn agreed with Councilmember Jackle’s suggestion.   Mr. McConnell will come up with a clean odor ordinance and not include plant limitation.
 
Mayor Wheeler indicated that this issue would come back to council tonight at the 7 p.m. meeting. 
 
70.    Council Business       
         70.1    Chapter 10 Amendment for time, place and manner for marijuana related businesses.
Councilmember Bunn questioned if staff was fine with a general motion on this issue; Mr. McConnell indicated that staff was. 
 
Motion:  Move to direct staff to initiate Chapter 10 zone text amendments to include cannabis business licensees. 
Moved by:   Clay Bearnson                                           Seconded by:  Kevin Stine
 
Councilmember Corcoran abstained as he did not attend the study session. Councilmember Zarosinski thought it was a broader examination of marijuana in general and it would include home grows. Councilmember Bunn indicated that that was not what came out of the joint study session but that after tonight’s meeting we might add that.  
 
Roll call:  Councilmembers Bearnson, Bunn, Jackle, Stine, Gordon, Zarosinski and Matthews voting yes; Councilmember Corcoran abstained. 
Motion passed. 
 
70.2     National League of Cities Conference
Councilmember Bunn stated that several Councilmembers have expressed an interest in attending the National League of Cities Conference in November which would leave us without a quorum for the November 5, 2015 council meeting. Per Charter, the City is required to have two meetings a month, thus we will have a special meeting on November 12, 2015.
 
70.3     Appointment to the Planning Commission
Councilmember Bunn stated that roll call vote will be taken but additional nominees can be brought forth at this time. 
 
Councilmember Stine indicated he had met with Mr. Christ who is still very interested and is not moving to Portland.  He has a master’s degree in Planning and definitely meets and exceeds everything we would want in a Planning Commissioner.
 
Councilmember Jackle nominated David Culbertson by reputation. He agreed with Councilmember Stine that Mr. Christ meets and exceeds all the qualifications, but still would like to nominate Mr. Culbertson. Councilmember Gordon did not think Mr. Culbertson was interviewed and we may need to interview the last two candidates. Mr. Culbertson is also a realtor and we have a limit, staff noted that we were fine as there is only one realtor and two are allowed. It was noted that Mr. Culbertson was interviewed for other positions on other committees which would be allowed. 
 
Roll Call Vote:
Clay Bearnson - Christ
Daniel Bunn – Culbertson
Chris Corcoran – Christ
Dick Gordon – Culbertson
Tim Jackle – Culbertson
Eli Matthews – Culbertson
Michael Zarosinski - Culbertson
Kevin Stine – Christ
Mayor Gary Wheeler – Christ
 
Vote Result: Culbertson received five votes; Christ received four. Mr. Culbertson was appointed to the Planning Commission for partial term vacancy ending January 31, 2016. 
 
70.4  Appointment of the General Fund Grants Sub-Committee
Motion:  Approve slate as presented: Councilmembers Michael Zarosinski and Kevin Stine; Budget Committee: Ed Felan; Robert Bartalini; Steve Dickson; Jerry Shean; Heather Casey; Citizens: Elizabeth Bunn; Donni Borchard 
Moved by:  Eli Matthews                                               Seconded by:  Dick Gordon
Roll Call:  Councilmembers Bearnson, Bunn, Jackle, Stine, Gordon, Zarosinski, Matthews, and Corcoran. 
Motion passed. 
 
70.5     City Manager Search Firm RFQ Assistance Process. 
Councilmember Jackle stated that he thought we needed a smaller group than the names presented; after talking to others about this he had more questions. He did not think everyone reviewing the RFQ is helpful. The list in front of us is a great list that could be part of the final selection committee. The necessity of this type of involvement was questioned and deemed necessary for the process to proceed. 
 
Mr. Hoke talked about the timeline for the entire process. Medford Charter calls for 12 months for replacement of a City Manager, which is now down to 11 months. The last go around took close to 9 months with replacement at 10 months. We can do anything Council wants as long as we meet the Charter requirements.   Mayor Wheeler indicated that if a City Manager is not placed within a year, he would have to appoint another City Manager Pro Tem. 
 
Motion:  Move to authorize the Mayor to appoint a committee to review the City Manager Search Firm RFQ and the respondents based on the recommended candidates list or their designees. 
Moved by:  Daniel Bunn                                                            Seconded by:  Kevin Stine
 
Councilmember Bearnson questioned what extent would these people be involved.  Councilmember Bunn indicated that they will be making recommendations to Council; we are not delegating our authority to pick the firm, hopefully the committee will be giving a recommendation, but that is not authority that we can give away.  Councilmember Bearnson was concerned about conflicts of interest with some of these people.  Councilmember Bunn indicated that was governed by State ethics law.  Councilmember Corcoran understood it to be that they would only participate up to the point of making recommendations in selecting a firm. At that point we had a Citizens Committee that met with the finalist. They could be eligible to be involved in the Citizens Committee as well.
 
Roll Call:  Councilmembers Bearnson, Bunn, Jackle, Gordon, Zarosinski, Corcoran and Matthews voting yes.  Councilmember Stine voting no.  Motion passed. 
 
70.6     Councilmember Bunn stated that the Council officer’s meeting was extensive; minutes will be available for Council.    
 
80.    City Manager Pro Tem and other staff reports
         80.1     Capital Improvement Project update Report by Greg McKown.
                     Postponed to the next meeting
 
         80.2     ERP Update by Alison Chan and Doug Townsend.
                     Postponed to the next meeting
 
         80.3     Further reports from City Manager Pro Tem.
                     a.   Human Resource Director Mike Snyder stated that the Oregon Government Ethics Commission has made training available and staff and Council are invited to attend. Training: Monday, July 27 “Gifts and Use of Office” at 10 a.m., 1 p.m., and 3:15 p.m. Tuesday, July 28 “Gifts and Use of Office” at 9 a.m. and 1:30 p.m. and Tuesday, July 28 “Executive Sessions for Council” with a 11:30 a.m. lunch followed by a one hour training.  Meetings will be held at Lausmann Annex, Room 151.
 
Mr. Hoke noted the training on Tuesday is available for Council and department heads and will start with lunch at 11:30 a.m. He requested Council advise if they can attend. Both Councilmember Gordon and Jackle stated that they could attend. Councilmember Bunn requested a calendar invite to all Councilmembers.
 
90.    Propositions and remarks from the Mayor and Councilmembers
         90.1     Proclamations issued: None
 
         90.2     Further Council committee reports.
            a.   Councilmember Corcoran attended the MWC meeting and stated that it was a good meeting.
           
         90.3     Further remarks from Mayor and Councilmembers.
                     a.  Mayor Wheeler read into the record a letter pertaining to former City Manager Eric Swanson.
 
100.  Adjournment to the evening session
         Council adjourned to the evening session at 2:02 p.m.
 
EVENING SESSION
7:00 P.M.
 
The regular evening session of the Medford City Council was called to order at 7:00 p.m. in the Council Chambers of the Medford City Hall 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, Michael Zarosinski
 
City Manager Pro Tem Bill Hoke; City Attorney Lori Cooper; Deputy City Recorder Karen Spoonts
 
110.  Oral requests and communications from the audience
         None     
 
120.  Public hearings
     120.1 COUNCIL BILL 2015-79  An ordinance approving a minor amendment to the General Land Use Plan (GLUP) Map of the Medford Comprehensive Plan by changing the land use designation on properties surrounding the Rogue Valley International-Medford Airport from General Industrial (GI), Commercial (CM), Service Commercial (SC) and Urban Residential (UR) to Airport (A).   
 
John Adam, Senior Planner, indicated this is a major amendment not a minor one as stated above. The purpose of this amendment is to give notice that this is airport property. This would give fair warning to anyone who is buying property in the vicinity that this is property owned by Jackson County, Rogue Valley International-Medford Airport.  Jackson County owns 54 lots which are proposed to be converted over to the Airport (A) designation, all together it is about 170 acres.  Approval criteria was presented as well as compliance with criteria.  The Planning Commission recommended 5-0 to approve the GLUP amendment; staff and Planning Commission recommended that Council approve the ordinance per the Planning Commission’s recommendation. 
 
Councilmember Bunn questioned what zones are allowed.  Mr. Adam indicated that light industrial is generally allowed.
 
Councilmember Corcoran noted that south of the airport is residential and that a park could be there. He also questioned if this will impact any of the existing businesses.  Mr. Adam noted that anything outlined in the pink is owned by the airport and that will not inhibit them from continuing on. Councilmember Corcoran questioned why we should vote for this.  Mr. Adam noted that the Comp Plan speaks to this. Discussion centered on land north and south of the airport and buildable lands.
 
Councilmember Bunn questioned the criteria for a zone change. City Attorney Lori Cooper noted whatever zone change criteria would apply.
 
Public hearing opened.
 
Clark Stevens, Richard Stevens and Associates, representing Jackson County Airport Authority, stated that the purpose of this will give the airport a chance to review whatever proposal is going to be on the property.   They will have the control of what can and cannot be placed there pertaining to FAA rules and regulations that they have to abide by. Urban residential is not a preferred use. There are 47 acres south of Hwy 62, currently 10 to 15 acres is under consideration for a park at the south end against the majority of residential lands.  The Public Works Facility will be located abutting the north end against the light industrial designation. They agree with staff and Planning Commission’s  recommendation for approval and respectfully request approval of this ordinance. 
 
Councilmember Corcoran questioned the existing designation and the airports ownership and did they already have control over what could be developed on that property.   Mr. Stevens noted that they do but this will allow enhancement of that with leasing and not developing it because right now it is just vacant land, right now all you can build on it is residential or a park.  Councilmember Corcoran questioned why we would expand Medford’s control zone; Mr. Stevens stated that they can help determine what can be built on the property and to be consistent with the Airport Master Plan.
 
Bern Case, Airport Director for the Rogue Valley International – Medford Airport, provided information on the residential zoning area and the airport is supposed to be self-sustaining. He appreciated the help of City staff in working through this amendment to the GLUP. Their goal is compliance with the FAA.
 
Public hearing closed.
 
           Motion:  Adopt the ordinance approving a major amendment to the General Land Use Plan (GLUP) Map of the Medford Comprehensive Plan by changing the land use designation on properties surrounding the Rogue Valley International-Medford Airport from General Industrial (GI), Commercial (CM), Service Commercial (SC) and Urban Residential (UR) to Airport (A).  
Moved by:  Daniel Bunn                                                Seconded by:  Chris Corcoran
Roll call:  Councilmembers Bearnson, Bunn, Corcoran, Gordon, Jackle, Stine, Matthews and Zarosinski voting yes.
Ordinance #2015-79 was duly adopted.
 
130.  Ordinances and resolutions
         130.1 COUNCIL BILL 2015-70 SECOND READING – CONTINUED An ordinance adding Sections 5.650 through 5.654 to the Medford Code pertaining to the control of recreational and medical marijuana.
 
Mr. McConnell provided a revised ordinance and stated that he took out any mention to the production or number of plants per residence.  This is only related to the offensive odor issue. 
 
Councilmember Stine questioned the sentence “However the City Council also recognizes the production of marijuana, without appropriate safeguards in place, can have a detrimental effect upon public safety and neighboring citizens.”  He questioned how the smell ordinance would help with the detrimental effect on public safety and neighboring citizens.  Mr. McConnell noted we have had this discussion before pertaining to odor, people jumping fences because they know the marijuana is there, neighborhood disputes, and it can be an attract nuisance in the community and this is why the intent and purpose section is mentioned. This will help to reduce the detrimental effects of the odor of marijuana emanating off the property.
 
Motion:  Move to approve ordinance #2015-70 which limits a dwelling to four marijuana plants at any time regardless if marijuana is being produced for medicinal or recreational purposes and prohibits the offensive odor of recreational and medical marijuana from emanating to other properties with the following notation: marijuana being produced for medical or recreational purposes section have an effective date of November 1, 2015 and that Council recognized that staff may have minor wording recommended changes to these sections for the Council to review prior to November 1, 2015.  
Made by:  Dick Gordon                                                          Seconded by:  Kevin Stine
 
Councilmember Gordon noted it is a difficult subject and the planting season is almost done. His concern is with the larger grows and thinks it has been explained to us that there are problems with the four plants and the language, so we need to be prepared to deal with that.   The four plants puts people in Medford on notice of what our intention is in residential zones and it is a good compromise. He is not in favor of the odor issue as he does not believe it is enforceable.
 
Councilmember Bunn wanted a clarification of the motion.  He stated that it adopts the ordinance that was presented in the agenda packet but delays the effective date to November 1, 2015, with respect to the plant per dwelling limit, not with respect to the odor piece.  Councilmember Gordon indicated that was correct.
 
Amendment #1:  Moved that we go back to the original ordinance in the agenda packet and revert back to a “marijuana cannot be dried, produced, processed, kept or stored at the outdoor area of a dwelling”.    
Made by:  Tim Jackle                                                             Seconded by:  Dick Gordon
 
Councilmember Corcoran questioned if that was in essence banning outdoor grows.  Councilmember Jackle indicated “yes” and stated he did not want to belabor the topic but wanted to get a chance to vote on this again. Councilmember Gordon indicated he was not certain that he understood that, and asked if we revert back to the old language it bans outdoor grows. Lori Cooper indicated it did not ban outdoor grows.
 
Councilmember Gordon withdrew his second to the amendment.
 
Councilmember Bunn gave the second on the amendment.
 
Mr. McConnell suggested if this is the course Council wants to take that this manner be continued so he can work on the language as he wanted to make sure we have the definitions and this section correct.  He stated that if you don’t pass the revised ordinance he presented this evening, he would ask for a continuance to make sure it is done accurately. Councilmember Jackle would not object to this coming back for a third reading.
 
Councilmember Zarosinski questioned the issues of plant limit or outdoor ban on outdoor growing, which is more defensible.  Mr. McConnell indicated that they are both defensible at this time.  He thinks there will be more challenges if you have an outdoor grow ban, he noted that Grants Pass just did that  today, they have an outright ban on recreational and medicinal outdoor grows and there will be challenges.  People have been growing medical marijuana outdoors since the 1990’s, and there will be a challenge over that. 
 
Mr. McConnell noted that Lieutenant Walruff is here should Council want to speak to him.
 
Councilmember Corcoran questioned if we approve Councilmember Jackle’s amendment are we not doing what Mr. McConnell needs to fine tune.  It would come back for a third reading.
 
Police Lieutenant Kevin Walruff stated that the Medford Police Department would recommend a total ban as that would be easier to control and maintain.  Second to that would be the odor ordinance.  He indicated that now with plants in the ground it would be difficult to limit it to a four plant grow.
 
Councilmember Zarosinski questioned what was the size of the grows in relationship to the odor complaints received; Lieutenant Walruff noted it varies depending on where that complaint is coming from as it could be residential or larger rural areas. Those being processed can have as strong of an odor as those growing.
        
Roll call on Amendment to Main Motion:
Councilmembers Jackle and Corcoran voted yes; Councilmembers Bunn, Bearnson, Gordon, Matthews, Stine, and Zarosinski voted no.
Motion failed.
 
Councilmember Corcoran questioned if we vote on this the main motion will we have to come back to Council.
 
Councilmember Gordon stated that if we pass this it will have to come back before November 1, 2015.  We need to alert our community as to what our intentions are and that’s the main reason we need to bring this to a vote.  Councilmember Bunn agreed. We will know our options as time goes on. Having the odor issue will allow for accurate data regarding complaints and the size, scope and nature of the problem.  It could be that this is much to do about nothing, it could be the problem is much more severe than we expected, we will know much more on that by the time we get through the growing period. 
 
Councilmember Jackle was unsure of the intention of the four plant restriction.
 
The motion was restated.
 
Councilmember Bearnson questioned if aligning our plant limit with the State’s recommendation, would it be more defensible in court rather than just an arbitrary number.  Mr. McConnell indicated that if it were exactly like the State law, he did not believe that there would be a challenge. He would plan on using the language on HB 3400 and instead of having the number 12 he would be putting the number 4.  He would recommend the new version of Ordinance 2015-70 which would reflect the Council’s intent.
 
Ms. Cooper noted there is not a need for a third reading as Council’s intent would be expressed by the vote tonight which would then come back before Council on November 1, 2015 after the ordinance has been cleaned up. 
 
Councilmember Gordon stated that he had asked a property management group about marijuana issues and they stated they are working on making amendments to their contracts. Mr. McConnell said nothing in HB 3400 effect landlord/tenant law. Landlord/tenant laws universally state that you are not allowed to use or possess any schedule 1 drug when you stay in an apartment.  If you sign the lease you agree to those terms.  You are not to grow or use marijuana or any other schedule 1 drug.   He also looked into the restrictive covenants and CCR’s question and believed that that will have to be litigated. Councilmember Gordon indicated that the property management company was preparing an addendum to their lease regarding marijuana growing.  He questioned if there are areas of our community that want to be marijuana free zone and is there some way to accomplish that.  For rental properties they seem to be able to deal with that and where there are CCR’s they can do that there. Ms.
Lori Cooper noted that a homeowners association could take on this issue.
 
Councilmember Stine requested clarification on the issue of the four plant limit, if it would be codified or if it has to come back again to Council or both. Ms. Cooper indicated it would be codified if it passes tonight, but then it may be amended in line with what Mr. McConnell is saying before it actually becomes effective.    
 
Roll Call on Main Motion
Councilmembers Bunn, Jackle, Gordon, Zarosinski, Matthews, and Corcoran voted yes. Councilmembers Stine and Bearnson voted no. 
Motion passed to a second reading.
 
Councilmember Gordon stated that under Roberts Rule he did not think this would not need to come back for a second reading as the substances of the ordinance did not change, there was only the addition of a date. Ms. Cooper stated that they will research the issue and handle it appropriately.
 
140.  Council Business
 
150.  Further reports from the City Manager Pro Tem and staff
 
160.  Propositions and remarks from the Mayor and Councilmembers
         160.1   Further Council committee reports.
                     a.   Councilmember Bunn noted that he attended RVACT but there is not a lot going on due to a lack of money. We may be looking in the 18 to 21 funding cycle of having enhanced money for Region 3 which is all of southwest Oregon. There is movement on representation for all tribes to have a voting membership in the RVACT so there is the potential of five-six voting members in the future. Councilmember Zarosinski questioned if they could apply for money; Councilmember Bunn was unsure.
 
                     b.   Councilmember Gordon presented the Travel Medford year end statistics and volunteer hours.  They had over 4100 volunteer hours at the Visitor Center; 500 telephone calls, and over 14,000 visitors to the Center. The Airport Information Center which they now cover, had 3500 volunteer hours and 7600 phone calls. He stated it was surprising the number of volunteer hours and the wealth of good they do at those facilities.
        
         160.2   Further remarks from Mayor and Councilmembers.
                     a.   Mayor Wheeler stated that the Police facility is moving along rather rapidly.
 
170.  Adjournment
         There being no further business, this Council meeting adjourned at 8:10 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 Pro Tem
 

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