Pubdate: Thu, 10 Apr 2014
Source: Corvallis Gazette-Times (OR)
Copyright: 2014 Lee Enterprises
Contact: https://gazettetimes-dot-com.bloxcms.com/app/forms/contact/letters/
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Details: http://www.mapinc.org/media/2976
Author: Steve Lundeberg, Albany Democrat-Herald

ALBANY COUNCIL VOTES AGAINST DISPENSARY MORATORIUM

The Albany City Council on Wednesday voted 4-3 against enacting a
moratorium on medical marijuana dispensaries, deciding instead to
consider two separate ordinances that would restrict where
dispensaries could be located.

The council did a first reading of each of those zoning ordinances,
but no second reading, meaning the matters are automatically carried
forward two weeks. The council will have a work session April 21 and a
regular meeting April 23; decisions can be reached at work sessions.

The first ordinance would require that any dispensary be at least 300
feet from any residential property, granting an exception if a
dispensary wanted to set up shop in an industrial zone. That's the
current geographic situation for Canna Kitchen, which converts
cannabis into smokeless forms of medicine at 2300 Ferry St. S.W. The
kitchen has been categorized as a dispensary by the new state law
allowing them and requiring that they register with the Oregon Health
Authority at an annual fee of $4,000.

The second ordinance is the same as the first, except there would be
no industrial zone exception. No second reading was asked for on that
ordinance, whereas the council voted against a second reading of the
first. One no vote prevents a second reading, and three councilors
cast no votes.

On the moratorium ordinance, Councilor Bill Coburn joined avowed
moratorium opponents Ray Kopczynski and Dick Olsen in voting no,
forcing Mayor Sharon Konopa to break the 3-3 tie, which she did by
also voting no. Konopa did so with the stated goal of getting one of
the zoning ordinances put in place, and if neither one of those
passes, she wants a moratorium reconsidered.

The state has given local governments the power to enact a moratorium
on dispensaries lasting until May 15, 2015, at the latest, provided
they get the moratorium in place by May 1, 2014.

Voting in favor of the moratorium were Rich Kellum, Bessie Johnson and
Floyd Collins. Kellum and Johnson, noting that marijuana is illegal at
the federal level, thought OK'ing dispensaries would violate their
oath of office. Collins argued that Albany and Linn County haven't
supported marijuana legalization at the ballot box, that the medical
marijuana system has been abused, and that "the Legislature got
involved with lobbyists and made a mess of everything."

City Attorney Jim Delapoer said the zoning ordinance that did not
include an industrial zone exception would probably be more easily
defended in court if the law, designed to protect residential
neighborhoods, were challenged.

Also Wednesday, the council voted 5-1 to adopt changes to the city's
development code proposed by the Mayor's Business Ready Task Force.
The dissenting vote came from Kellum, who objected to the 60-decibel
limit for home businesses and felt the changes sent the message that
"we're not business friendly if you're a little guy" because home
businesses are held to a more rigid noise standard than the residents
around them.

The consensus among the other councilors, and city staff, however, is
that the new rules are more fair and less restrictive to home
businesses than the old ones.

"What you see as restrictions, we're giving people an allowance to run
a business in a residential zone. We're allowing more use, and now we
have measurable standards," Community Development Director Mark
Shepard said.

"The intent was to give more opportunity to operate out of their
garage," added City Manager Wes Hare.
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MAP posted-by: Jo-D