Assembly - Special

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z.J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes of the Special Assembly Meeting of December 10, 2019 1. CALL TO ORDER Chair Rivera convened the Special Assembly Meeting of December 10, 2019 at 5:07 p.m. 2. ROLL CALL PRESENT: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Fred Dyson EXCUSED: Forrest Dunbar A quorum was achieved with 10 Assembly members present. PRESENT: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Kameron Perez-Verdia, Fred Dyson EXCUSED: Forrest Dunbar A quorum was achieved with 9 Assembly members present and Assembly Member Perez-Verdia participating telephonically. Clerk’s Note: Assembly Member Perez-Verdia joined the meeting telephonically at 6:02 p.m. PRESENT: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Austin Quinn-Davidson, Fred Dyson EXCUSED: Forrest Dunbar, Christopher Constant A quorum was achieved with 8 Assembly members present and Assembly Member Perez-Verdia participating Clerk’s Note: Assembly Member Constant was excused from the meeting at 7:10 p.m. 3. PLEDGE OF ALLEGIANCE Municipal Attorney Rebecca Windt Pearson led the pledge. 4. OLD BUSINESS Rebecca Windt Pearson, Municipal Attorney, spoke. Assembly Member Dyson disclosed a potential conflict of interest on Item 4.A. Based on review by the body, Chair Rivera ruled that Assembly Member Dyson did not have a conflict of interest. Suzanne LaFrance moved, to accept AIM 138-2019, AIM 147-2019, AIM 167-2019, Christopher Constant seconded, and AIM 168-2019 and this motion PASSED 10 - 0. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Kameron Perez-Verdia, Fred Dyson NAYS: None EXCUSED: Forrest Dunbar 4.A. Resolution No. AR 2019-357, a resolution of the Anchorage Municipal Assembly denying a Marijuana License and Conditional Use Permit with variance to encroach within a required 200 foot separation buffer to a nearby protected land use (Hope Church) for AlaskaSense, LLC, a Marijuana Retail Sales Establishment with License Number M10254, doing business as AlaskaSense, LLC, and located at 217 East 4th Avenue, Suite D (Downtown Community Council) (Case 2019-0128), Planning Department. 4.B. Assembly Memorandum No. AM 663-2019. 4.C. Information Memorandum No. AIM 138-2019, Public Comments received by the Planning Department for Case 2019-0128 re AR 2019-357, Planning Department.  Page 2 of 6 Clerk’s Note: Items 4.C., 4.D., 4.G., and 4.H. were accepted. (See the motion before item 4.A.) 4.D. Information Memorandum No. AIM 147-2019. (PUBLIC HEARING WAS CLOSED 10-22-2019. ACTION WAS POSTPONED FROM 10-22- 2019.) Clerk’s Note: Items 4.C., 4.D., 4.G., and 4.H. were accepted. (See the motion before item 4.A.) 4.E. Resolution No. AR No. 2019-357(S), A Resolution of the Anchorage Municipal Assembly regarding an application for [denying] a Marijuana License and Conditional Use Permit submitted by [with variance to encroach within a required 200 foot separation buffer to a nearby protected land use (Hope Church) for] Alaskasense, LLC, for a proposed Marijuana Retail Sales Establishment with License Number M10254, doing business as AlaskaSense, LLC, and located at 217 East 4th Avenue, Suite D. (Downtown Community Council) (Case 2019-0128), Assembly Chair Rivera. 4.F. Resolution No. AR No. 2019-357 (S-1), A Resolution of the Anchorage Municipal Assembly regarding an application for [denying] a Marijuana License and Conditional Use Permit submitted by [with variance to encroach within a required 200 foot separation buffer to a nearby protected land use (Hope Church) for] Alaskasense, LLC, for a proposed Marijuana Retail Sales Establishment with License Number M10254, doing business as AlaskaSense, LLC, and located at 217 East 4th Avenue, Suite D. (Downtown Community Council) (Case 2019-0128), Assembly Chair Rivera. Christopher Constant moved, to approve AR 2019-357 (S-1) Pete Petersen seconded, and the motion on this document, as amended, PASSED 7 - 2. AYES: John Weddleton, Meg Zaletel, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson NAYS: Crystal Kennedy, Fred Dyson EXCUSED: Forrest Dunbar, Kameron Perez-Verdia Christopher Constant moved, to amend AR 2019-357(S-1) with Constant Amendment Meg Zaletel seconded, No. 2 on Page 2, line 7, as follows: 3. The licensee and his/her agents and employees shall conform with following terms and conditions in the December 9, 2019 memorandum of understanding (MOU) between the applicant and Downtown Community Council and a third party and hereby incorporated as conditions for this license: a. Extra staff between Noon to 1:30 p.m. daily, except Saturdays, Sundays, or when the establishment is closed to the public. Extra staff means at least one more than is on duty immediately before and immediately after the time stated herein. b. A regular daily loitering check on days the establishment is open to the public at regular intervals and of all places described in the MOU as may be amended. The security camera views of the areas outside the building shall be monitored by staff at all times the establishment is open to the public. c. The marijuana establishment shall be closed to the public from 11:00 AM to 2:00 PM Sundays, or at times as may be amended in the MOU. d. Install lighting and security cameras around the exterior of the building, with emphasis on visibility in the back of the facility (north wall) to monitor activity in the alley. Positioning of light illumination and security cameras shall conform to the MOU as may be amended. e. No onsite consumption by inhalation endorsement shall be permitted for this location. and this motion PASSED 9 - 1. AYES: John Weddleton, Meg Zaletel, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Kameron Perez-Verdia, Fred Dyson NAYS: Crystal Kennedy EXCUSED: Forrest Dunbar  Page 3 of 6 Clerk’s Note: Chair Rivera passed the gavel to Assembly Vice-Chair LaFrance to comment on this item. Following his remarks, the gavel was returned to Chair Rivera. REBECCA WINDT PEARSON, Municipal Attorney, spoke. DEAN GATES, Assembly Counsel, spoke. RYAN YELLE, Planning Department, Associate Planner, spoke. MIRANDA HONEST, Municipal Clerk's Office, Business License Official, spoke. Meg Zaletel moved, to amend Constant Amendment No. 2, on page 2, John Weddleton seconded, under subsection E, as follows: f. Any amendments to the MOU must be submitted to the Municipal Clerk's Office by the licensee within 5 days. and this motion PASSED 6 - 4. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Suzanne LaFrance, Austin Quinn- Davidson, Kameron Perez-Verdia NAYS: Felix Rivera, Pete Petersen, Christopher Constant, Fred Dyson EXCUSED: Forrest Dunbar Christopher Constant moved, to amend AR 2019-357(S-1), with Constant John Weddleton seconded, Amendment... on page 1, at section b, as follows: ...public at regular intervals [and of all places described in the MOU as may be amended]. The security camera views of the areas outside the building shall be ...on page 2, at section c, as follows: ...to 2:00 PM Sundays[, or at times as may be amended in the MOU]. ...on page 2, at section d, as follows: activity in the alley. [Positioning of light illumination and security cameras shall conform to the MOU as may be amended]. on page 2, at section f, as follows: [f. any amendments to the MOU must be submitted to the Municipal Clerk's Office by the licensee within 5 days.] and this motion PASSED 9 - 1. AYES: John Weddleton, Meg Zaletel, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Kameron Perez-Verdia, Fred Dyson NAYS: Crystal Kennedy EXCUSED: Forrest Dunbar Susan LaFrance moved, to amend AR 2019-357(S-1), with LaFrance Kameron Perez-Verdia seconded, Amendment No. 1, on page 2, at line 7, as follows: 3. This retail establishment license shall expire at 11:59pm on March 10, 2020, absent Assembly action to extend the expiration date. The Assembly shall consider extension of the license at an Assembly meeting on or before March 1, 2020. 4. Licensee shall comply with all terms and conditions of municipal code and state law and regulation. If licensee accrues three or more documented violations of municipal code or state law or regulation within six months of operation pursuant to this approval, or any extension thereof, the Municipal Clerk is authorized to summarily  Page 4 of 6 suspend the license under AMC section 10.80.825 and requested to commence a license revocation preceding by serving an accusation in accordance with AMC section 10.80.821. and this motion PASSED 7 - 2. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Austin Quinn-Davidson, Fred Dyson NAYS: Pete Petersen, Christopher Constant EXCUSED: Forrest Dunbar, Kameron Perez-Verdia JANA WELTZIN spoke. Christopher Constant moved, to amend AR 2019-357(S-1) with Constant Amendment Pete Petersen seconded, to LaFrance Amendment No. 1, on page 2, at line 7, as follows: [3. This retail establishment license shall expire at 11:59pm on March 10, 2020, absent Assembly action to extend the expiration date. The Assembly shall consider extension of the license at an Assembly meeting on or before March 1, 2020.] and this motion PASSED 9 - 0. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Fred Dyson NAYS: None EXCUSED: Forrest Dunbar, Kameron Perez-Verdia REBECCA WINDT PEARSON, Municipal Attorney, spoke. Assembly Member Perez-Verdia was away from the phone and did not vote. Meg Zaletel moved, to amend AR 2019-357(S-1) with Zaletel Amendment John Weddleton seconded, to LaFrance Amendment No. 1, on page 2, at section 4, as follows: ...operation pursuant to this approval, or any extension thereof, the Municipal Clerk is authorized to bring the license back before the Assembly to consider action on the license. [summarily suspend the license under AMC section 10.80.825 and requested to commence a license revocation preceding by serving an accusation in accordance with AMC section 10.80.821.] and this motion PASSED 8 - 1. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson NAYS: Fred Dyson EXCUSED: Forrest Dunbar, Kameron Perez-Verdia Clerk’s Note: Assembly Member Perez-Verdia was away from the phone and did not vote. Christopher Constant moved, to amend AR 2019-357(S-1) with Constant Amendment Crystal Kennedy seconded, to LaFrance Amendment No.1, on page 2, at section 4, as follow: ...state law and regulation. If the licensee incurs three or more non self reported documented violations of municipal code or state law or regulation within six months of... and this motion FAILED 4 - 5. AYES: John Weddleton, Crystal Kennedy, Pete Petersen, Christopher Constant NAYS: Meg Zaletel, Felix Rivera, Suzanne LaFrance, Austin Quinn-Davidson, Fred Dyson EXCUSED: Forrest Dunbar, Kameron Perez-Verdia Assembly Member Perez-Verdia was away from the phone and did not vote.  Page 5 of 6 BARBARA JONES, Assembly Department, Municipal Clerk, spoke. Suzanne LaFrance moved, to amend AR 2019-357(S-1) with LaFrance John Weddleton seconded, Amendment No. 2, on page 2, at line 7, as follows: 4. The following conditions shall be placed on the license: a. The applicant shall appear before the Assembly for the year of 2020 for a quarterly update of operations and verification of continued compliance with Anchorage Municipal Code. The Municipal Clerk will notify the applicant of the scheduled meeting dates for the appearances before the Committee. b. For the quarterly updates, the Municipal Clerk shall provide information regarding State of Alaska NOVs, Land Use Enforcement NOVs, and the rulings on any violations during that quarter. and this motion PASSED 8 - 1. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson NAYS: Fred Dyson EXCUSED: Forrest Dunbar, Kameron Perez-Verdia Pete Petersen moved, to amend AR 2019-357(S-1) with Peterson Amendment Crystal Kennedy seconded, to LaFrance Amendment No. 2, on page 2, at line 12, as follows: ...scheduled meeting dates for the appearances before the Committee. The first quarterly update will be 90 days after issuance of the license. and this motion PASSED 9 - 0. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Fred Dyson NAYS: None EXCUSED: Forrest Dunbar, Kameron Perez-Verdia Christopher Constant moved, to amend AR 2019-357(S-1) with Constant Amendment John Weddleton seconded, to LaFrance Amendment No. 2 on page 2, at line 9, as follows: a. The applicant shall appear before the [Assembly] Community and Economic Development Committee for the year of 2020 for a quarterly update of operations and verification of continued... and this motion PASSED 8 - 1. AYES: John Weddleton, Meg Zaletel, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson NAYS: Fred Dyson EXCUSED: Forrest Dunbar, Kameron Perez-Verdia Clerk’s Note: Chair Rivera called for an 5 minute at-ease. 4.G. Information Memorandum No. AIM 167-2019, AR 2019-357(S-1) a resolution of the Anchorage Municipal Assembly regarding an application for [denying] a Marijuana License and Conditional Use Permit submitted by [with variance to encroach within a required 200 foot separation buffer to a nearby protected land use (Hope Church) for] AlaskaSense, LLC, for a proposed Marijuana Retail Sales Establishment with License Number M10254, doing business as AlaskaSense, LLC, and located at 217 East 4th Avenue, Suite D. (Downtown Community Council) (Case 2019-0128)., Assembly Chair Rivera, (Laid-on-the-Table.) Clerk’s Note: Items 4.C., 4.D., 4.G., and 4.H. were accepted. (See the motion before item 4.A.) 4.H. Information Memorandum No. AIM 168-2019, AR 2019-357(S-1) a resolution of the Anchorage Municipal Assembly regarding an application for [denying] a Marijuana License and Conditional Use Permit submitted by [with variance to encroach within a required 200 foot separation buffer to a nearby protected land use (Hope Church) for] AlaskaSense, LLC, for a proposed Marijuana Retail Sales Establishment with License Number M10254, doing business as AlaskaSense, LLC, and  Page 6 of 6 located at 217 East 4th Avenue, Suite D. (Downtown Community Council) (Case 2019-0128)., Assembly Chair Rivera, (Laid-on-the-Table.) Clerk’s Note: Items 4.C., 4.D., 4.G., and 4.H. were accepted. (See the motion before item 4.A.) 5. AUDIENCE PARTICIPATION EUGENE HABERMAN spoke. TOM MCGRATH spoke. REBECCA WINDT PEARSON, Municipal Attorney, spoke. John Weddleton, Assembly Member, spoke. Crystal Kennedy, Assembly Member, spoke. Pete Peterson, Assembly Member, spoke. Austin Quinn-Davidson, Assembly Member, spoke. Felix Rivera, Assembly Chair, spoke. Suzanne LaFrance, Assembly Vice-Chair, spoke. 6. ADJOURNMENT Felix Rivera moved, to adjourn the Special Assembly Meeting of December Pete Petersen seconded, 10, 2019 and this motion PASSED 11 - 0. AYES: John Weddleton, Meg Zaletel, Forrest Dunbar, Crystal Kennedy, Felix Rivera, Suzanne LaFrance, Pete Petersen, Christopher Constant, Austin Quinn-Davidson, Kameron Perez-Verdia, Fred Dyson NAYS: None Chair Rivera adjourned the Special Assembly meeting of December 10, 2019 at 7:20 pm. FELIX RIVERA, Assembly Chair ATTEST: __________________________________________ BARBARA A. JONES, Municipal Clerk BAJ/tat Electronic versions of archived meeting minutes can be found online at http://www.muni.org/watchnow. Also access live streaming audio and video, view documents and download podcasts. Keep up to date with municipal meetings.