HomeMy WebLinkAbout2015-12-01 Council Minutes - Work SessionKENAI CITY COUNCIL AND PLANNING & ZONING COMMISSION
JOINT WORK SESSION
DECEMBER 1, 2015
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council present: P. Porter, R. Molloy, H. Knackstedt, B. Gabriel, T. Navarre, T. Bookey, M.
Boyle, J. Twait, J. Glendening, D. Fikes, G. Pettey, K. Peterson, J.
Focose
Others present: City Manager R. Koch, City Attorney S. Bloom, City Planner M. Kelley,
City Clerk S. Modigh and Chief of Police G. Sandahl
Mayor Porter began the work session at approximately 6:00 p.m.
City Attorney Bloom provided a presentation on the regulations in place by the state of Alaska
Marijuana Control Board (MCB) noting adoption of the regulations were still a work in progress.
Attorney Bloom noted the following timeline established by the MCB:
• November 20, 2015 – regulations amended by the MCB and submitted to Department of
Law for review and approval by Governor’s office.
• February 24, 2016 – MCB accepting application and acting on them within 90 days. City
must comment within 60 days of notice.
• May 24, 2016 – initial commercial marijuana license expected to be awarded.
Bloom recommended Council adopt legislation creating a moratorium until further guidance from
the State was provided. Bloom reported the State to date created retail; cultivation-standard and
limited; product manufacturing facility; testing facility; and no brokerage licenses. Licensing
currently does not include marijuana clubs. Currently a licensee must be a registered voter and
eligible for the Permeant Divined Fund.
Bloom recommended 1000 feet from the property line buffer versus the 500 feet recommended
by the Commission as outlined by the State’s regulations. He advised the City may limit the
number of establishments as the State would not be addressing such. Bloom noted it was not in
the best interest of the City to own a store as it’s still against Federal law and that it could affect
the City obtaining Federal funding.
City would need to have regulations in place prior to February otherwise the city would follow
state regulations.
City Manager Koch thanked the Commission for its efforts on bringing the legislation forward to
Council. Koch recommended the moratorium be placed on marijuana clubs and being able to
ingest on the premises after purchase.
City Planner Matt Kelley provided a presentation on Resolution No. PZ15-30 – Commercial
Marijuana Establishments amending KMC 14.20.230, 14.20.330 and 14.22.010 recommended to
Council by the Planning and Zoning Commission. It was reported that the Commission conducted
several work sessions and public hearing while drafting and finalizing the Resolution. The
Commission adopted legislation allowing both a marijuana cultivation facility, indoor standard and
Kenai City Council Work Session
December 1, 2015
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an indoor limited to cultivate and grow marijuana in specific zoned area’s within the City through
the conditional use permit process. Lot sizes are to be at least 40,000 square feet or greater in
size for and commercial marijuana establishments. It was further recommended that commercial
marijuana establishments were prohibited under home occupation to preserve character, health
and safety of neighborhoods.
City Planner Kelley highlighted areas where the Commission differed from the State’s proposed
regulations noting the Commission decided to make the definition of “marijuana cultivation facility,
indoor standard” more stringent and to prohibit commercial outdoor cultivation.
Lee Fable, Chair of the Borough Marijuana Task Force noted that he was aware of individuals
who have been investing money in this industry and how the City’s guidelines are recommended
prohibit areas of the industry. Advised that this is a rigorous state application process and would
like for the community to allow establishments within the business area.
A local bookstore owner advised there are business within the City that are already working
towards local marijuana business; recommended Council prohibit an establishment within the
mini malls and requested to have the establishments as stand-alone.
Dallynda Phelps spoke in opposition of creating more strict regulations than the State has;
recommended the City embrace a legal marijuana.
Patricia Patterson brought in smoking accessories from her local store stating “marijuana
accessories” have not properly been defined and recommended the term be removed from the
local regulations.
Brian Olsen, Poppy Lane, thanked the Commission and Council for its efforts on this topic. He
advised he was first opposed years back but has since educated himself. He noted the process
is more regulated than the alcohol permit application and he believed in the capitalistic approach;
spoke in favor of competition and would like to see the City’s regulations more in line with the
State’s regulations.
City Attorney Bloom recommended that the City focus on the adverse effects of the marijuana
industry and that he didn’t think that it was out of the norm for municipalities to prohibit
establishments within the downtown area.
The Commission advised they recommended the conditional use permit process to have more
control over the industry within the City and that it was also a compromise for those
Commissioners who were completely opposed to this industry within city limits. Additionally, those
who provided public testimony requested a more public process with sufficient notification.
Council thanked the Commission and Administration for its efforts on the proposed legislation.
The work session was adjourned at 8:40 p.m.
Notes prepared by:
_______________________________
Sandra Modigh, CMC
City Clerk