Peter Wysocki, Director of Planning and Development, introduced this proposal which is the result of a the division of the relate item that appeared agenda item at the September 22, 2015 City Council meeting.

Councilmember Knight spoke about the importance of this proposal to allow the City to develop regulations for this business type based on lessons learned over the last few years of legalized medical marijuana sales. The City Clerk's Office will host a medical marijuana license application process training session October 21, 2015 from 1pm-3pm in the City Administration Building Suite 102 to assist business owners with the application process.

Councilmember King asked how the process of developing the regulations will be handled. Mr. Knight stated Executive Staff, Councilmembers, citizens and stakeholders will be involved in the process. City Council will have the final vote on the proposed regulations.

Council discussed the former process of developing medical marijuana licensing regulations, the current need for revision of some of the regulations and the desired process to accomplish Council’s goals effectively.

Councilmember Collins asked about the task force formed in June to address marijuana related issues. Ms. Johnson stated the Fire Marshal’s office formed a working group in June, they have met two or three times, mainly to bring together all City entities involved in medical marijuana regulation.

Council President Pro Tem Gaebler questioned the broadness of the moratorium as issues of concern seem to be more centered on hash oil extraction and marijuana cultivation facilities located in residential areas. 

Citizens Randy Tuck, Joel Aigner, Jeff Sveinsson, Eric Wright, Luther Bonow, John Cureton, Jaymen Johnson, Sharon Shulman, Charles Houghton, Presence Mercier, Teddi Roberts, Ryan Moore, Colin Fletcher, Ryan Tuck, Pam Staley, Jason Warf, Katelyn Hecht, Allie Hillary, Eric Piper, Clifton Black, and Jenifer Lewis spoke in opposition to the proposal.

Councilmember Knight stated there is currently an unfair balance between the community and the medical marijuana industry. Citizens have no input into the establishment of a medical marijuana facility in their neighborhood. The rules need to be reviewed and revised, by an unbiased task force, to reflect a better balance of power and fairness to citizens.

Councilmember Strand thanked the community for their presence at the meeting today and asked if medical marijuana licensing regulations are more stringent than liquor licensing regulations. Lee McRae, License Enforcement Officer, stated the general business licensing processes are very similar, there are a few State/Federal restrictions that require additional scrutiny on the medical marijuana industry. Liquor licensing requires applicants to appear before the Beer and Liquor Licensing Board and perform neighborhood needs nad desires surveys. Mr. Wysocki stated medical marijuana facilities do not have the same zoning restrictions as liquor establishments.

Councilmember King asked which zones the majority of medical marijuana businesses are located in and requested information about how the appropriateness of zone proximities is determined. Mr. Wysocki provided a detailed explanation of the zoning districts and the proximity of zones types. Mr. McRae stated a report mapping medical marijuana facilities and zones will be provided to Council prior to the next meeting.

Council President Pro Tem Gaebler asked Jeff Greene, Chief of Staff, how the Mayor feels about this issue. Mr. Greene stated the Mayor will respect the decision of Council.

Councilmember Murray asked who drafted this ordinance. Mr. Greene stated the ordinance was drafted as a combined effort of the Planning Department, the City Attorney’s Office, and the City Clerk’s office with guidance from sponsoring City Councilmembers, Knight and Bagley.

Councilmember Murray asked if the City Clerk’s Office receives citizen complaints about medical marijuana facilities. Mr. McRae stated all complaints received to date have been odor related, he did not have information on the number of complaints received.