HomeMy WebLinkAbout2015-12-17 Council Minutes - Work SessionKENAI CITY COUNCIL WORK SESSION
DECEMBER 17, 2015
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council present: P. Porter, R. Molloy, H. Knackstedt, B. Gabriel, T. Navarre, M. Boyle,
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. and introduced City Planner
Matt Kelley and City Attorney Scott Bloom who would be presenting during the work session.
Mayor Porter opened public hearing and the following individuals addressed Council:
Dave Dunley, 915 Sterling, spoke in favor of the cannabis industry within Kenai and noted the
more the industry was regulated, the more the black market would thrive.
Lee Fable, representing individuals interested in creating marijuana establishments within the
City, spoke in favor of establishments for consumption and spoke in opposition of the 1000 foot
buffer. He further noted that the decisions Council was making affect residents that have been
part of the community for many years.
City Attorney Boom and City Planner Kelley began the discussion with options for determining
how buffer distances would be measured between Commercial Marijuana Establishments
(CME).
Council spoke in favor of the buffer distance being measured from CME building exterior to
property -line when it's a stand -alone building, otherwise the buffer distance would be measured
from CME walls to property line when in multi -use building.
Attorney Bloom recommended establishing a 1000 feet buffer distance, based on a Federal
regulation, from property line to property line for schools. It was noted that the Planning and
Zoning Commission approved its legislation proposing a 500 foot buffer distance being
measured from the shortest pedestrian route from the public entrance of the building, which was
the same regulation established by the State.
Council discussed the difference between the buffer distance options and were divided on
whether the distance would be established as 1000 feet as recommended by the City Attorney
or 500 foot buffer from schools as recommended by the P &Z Commission.
Council considered if CME's should be only allowed in a standalone building or if they should be
allowed in multi -use buildings. Attorney Bloom reminded Council of the current smoking
regulations within Kenai Municipal Code (KMC). It was noted that the Planning Commission did
not address this matter. Majority of Council spoke in favor of CME's being allowed in multi -use
buildings.
Kenai City Council Work Session
December 17, 2015
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Council discussed the difference in regulating consumption based on smoking versus edible,
topicals etc.
Council considered whether or not to amend the list of buffer facilities recommended by the P &Z
Commission. The buffer facilities required by State regulations were schools, recreation or youth
centers, churches and correctional facilities. The Commission included playgrounds, parks, day
care facilities, swimming pools, substance abuse treatment facilities, hospitals and housing
facilities owned by a public housing authority with children as residents.
Council discussed each facility added by the Commission separately and spoke in favor of the
City following the State's regulated facilities.
Attorney Bloom outlined the State's regulations for advertising.
Council considered whether to remove the definition of marijuana accessories from KMC
14.20.320 — Definitions and KMC 14.20.330 — Standards for Commercial Marijuana
Establishments. Majority of Council spoke in favor of removing the definition from KMC.
Council considered out door cultivation which was prohibited in the legislation recommended by
the P &Z Commission. Majority of Councilors spoke in favor of allowing outdoor growing.
Attorney Bloom reminded that all establishments would be required to apply for a Conditional
Use Permit.
Council considered the proposed zoning districts as recommended by the P &Z Commission and
whether it should be amended to include additional zoning districts.
It was discussed whether marijuana testing labs be required to go through the City's Conditional
Use Permit process in areas zoned for such facilities, since the City would be noticed by the
State.
It was requested by a couple Councilors to allow retail marijuana establishments in central
commercial with limited boundaries.
Attorney Bloom advised that the Borough would not collect an excise tax on behalf of the City
and that the City's finance department is not currently equipped to handle collection and
administration of an additional tax.
Bloom advised that the City would need to appoint a local regulatory board to ensure the City
can collect on some of the licensing fees.
Council thanked Administration for putting the work session and meeting material toghether
The work session was adjournet03 p.m.
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