FAIRBANKS CITY COUNCIL AGENDA NO. 2019-15 REGULAR MEETING AUGUST 12, 2019 FAIRBANKS CITY COUNCIL CHAMBERS 800 CUSHMAN STREET, FAIRBANKS, ALASKA
It is the mission of the City of Fairbanks to provide quality essential services to all City residents to ensure Fairbanks is a vibrant place to live, work, thrive, and visit.
REGULAR MEETING 6:30 p.m.
1. ROLL CALL
2. INVOCATION
3. FLAG SALUTATION
4. CEREMONIAL MATTERS (Proclamations, Introductions, Recognitions, Awards)
5. CITIZENS’ COMMENTS, oral communications to the City Council on any item not up for public hearing. Testimony is limited to three minutes, and the comment period will end no later than 7:30 p.m. Any person wishing to speak needs to complete the register located in the hallway. Respectful standards of decorum and courtesy should be observed by all speakers. Remarks should be directed to the City Council as a body rather than to any particular Council Member or member of the staff. In consideration of others, please silence all cell phones and electronic devices.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Approval of Consent Agenda passes all routine items indicated by an asterisk (*). Consent Agenda items are not considered separately unless a Council Member so requests. In the event of such a request, the item is returned to the General Agenda.
7. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
*a) Regular Meeting Minutes of February 25, 2019
*b) Regular Meeting Minutes of March 11, 2019
Agenda No. 2019–15 August 12, 2019 Page 1 of 3
City Council Agenda Packet - August 12, 2019 1 of 119
*c) Regular Meeting Minutes of March 25, 2019
*d) Regular Meeting Minutes of April 8, 2019
8. SPECIAL ORDERS
a) The Fairbanks City Council will hear interested citizens concerned with the following Marijuana License Applications for Renewal. Public Testimony will be taken and limited to three minutes.
Lic. # DBA License Type Licensee Phone Address Fairbanks Analytical Marijuana Testing Fairbanks Analytical 1521 Stacia 15124 907-687-6745 Testing, LLC Facility Testing, LLC Street, Suite A Pakalolo Supply Retail Marijuana Pakalolo Supply 1851 Fox 10131 907-479-9000 Company, Inc. Store Company, Inc. Avenue Marijuana Product 2745 Hanson 15800 Baked Alaska, LLC Baked Alaska, LLC 907-460-1903 Manufacturing Road, Unit B Tanana Herb StandardFacility Marijuana Tanana Herb 14467 907-388-8023 1200 Well Street Company, LLC Cultivation Facility Company, LLC Retail Marijuana 356 Old Steese 12325 Good, LLC Good, LLC 907-322-4962 Store Highway
9. MAYOR'S COMMENTS AND REPORT
a) Special Reports
10. COUNCIL MEMBERS’ COMMENTS
11. UNFINISHED BUSINESS
a) The Fairbanks City Council will consider the following Marijuana Onsite Consumption Endorsement Application. Postponed from the Regular Meeting of July 22, 2019; public hearing was held at that time.
Type: Marijuana Onsite Consumption Endorsement DBA: The Fairbanks Cut, LLC Applicant: The Fairbanks Cut, LLC Location: 188 Bentley Trust Road, Suite A, Fairbanks
b) Ordinance No. 6110 – An Ordinance Amending the 2019 Operating and Capital Budgets for the Third Time. Introduced by Mayor Matherly. SECOND READING AND PUBLIC HEARING.
Agenda No. 2019–15 August 12, 2019 Page 2 of 3
City Council Agenda Packet - August 12, 2019 2 of 119
12. NEW BUSINESS
a) Ordinance No. 6111 – An Ordinance to Enter into a Contract with the FNSB for Fire Service for the Borough’s Landfill. Introduced by Mayor Matherly.
13. DISCUSSION ITEMS (Information and Reports)
a) Committee Reports
14. WRITTEN COMMUNICATIONS TO THE CITY COUNCIL
*a) Permanent Fund Review Board Meeting Minutes of May 2, 2019
*b) Chena Riverfront Commission Meeting Minutes of April 10, 2019
*c) Chena Riverfront Commission Meeting Minutes of May 8, 2019
*d) Historic Preservation Commission Meeting Minutes of April 22, 2019
*e) Historic Preservation Commission Meeting Minutes of May 20, 2019
15. COUNCIL MEMBERS’ COMMENTS
16. CITY CLERK’S REPORT
17. CITY ATTORNEY’S REPORT
18. EXECUTIVE SESSION AFL-CIO Labor Negotiations
19. ADJOURNMENT
Agenda No. 2019–15 August 12, 2019 Page 3 of 3
City Council Agenda Packet - August 12, 2019 3 of 119
FAIRBANKS CITY COUNCIL REGULAR MEETING MINUTES, FEBRUARY 25, 2019 FAIRBANKS CITY COUNCIL CHAMBERS 800 CUSHMAN STREET, FAIRBANKS, ALASKA
The City Council convened at 6:30 p.m. on the above date, following a 5:30 p.m. Work Session for a public hearing on Ordinance No. 6093, as Amended, to conduct a Regular Meeting of the Fairbanks City Council at the City Council Chambers, 800 Cushman Street, Fairbanks, Alaska, with Mayor Jim Matherly presiding and with the following Council Members in attendance:
Council Members Present: Shoshana Kun, Seat A June Rogers, Seat B Valerie Therrien, Seat C Kathryn Ottersten, Seat D Jerry Cleworth, Seat E David Pruhs, Seat F
Absent: None
Also Present: Paul Ewers, City Attorney D. Danyielle Snider, City Clerk Jeff Jacobson, Public Works Director Mike Meeks, Chief of Staff Angela Foster-Snow, HR Director Eric Jewkes, Police Chief Jim Styers, Fire Chief Teal Soden, Communication Director Matt Soden, FPD Lieutenant Dan Welborn, Deputy Police Chief
City Clerk Danyielle Snider read the Mission Statement of the City of Fairbanks.
INVOCATION
The Invocation was given by City Clerk Danyielle Snider.
FLAG SALUTATION
Mayor Matherly asked everyone to join him for the Flag Salutation.
CITIZENS’ COMMENTS
Frank Tomaszewski, 135 Wilderness Drive, Fairbanks – Mr. Tomaszewski stated he has four sons and a daughter. He shared that everyone deserves to be treated with kindness, but he spoke in opposition to Ordinance No. 6093. He stated he is concerned with public accommodations when it comes to bathroom use.
City Council Agenda Packet - August 12, 2019 4 of 119
Joshua Decker, Fairbanks – Mr. Decker stated he is the Executive Director of the American Civil Liberties Union (ACLU) of Alaska and spoke in favor of the ordinance passing without amendments. He stated gay and transgender people should not be discriminated against because of who they love. He stated the ordinance will not curtail freedom of religion, and the ACLU would not support something that would prohibit one’s right to worship and pray the way they choose. He spoke to the history of his organization fighting all people’s freedoms.
Annie Dougherty, 2216 Penrose Lane, Fairbanks – Ms. Dougherty spoke against Ordinance No. 6093 and stated it discriminates against the majority of people in Fairbanks. She stated the ordinance is being pushed by a radical activist party in order to pass sexual orientation and gender identity legislation, and she referred to it as bully politics. She stated the ordinance is not a human rights law; it gives privileges to certain people. She spoke to the reasons why she does not support the ordinance.
Claire Granger, 837 Amanita Road, Fairbanks – Ms. Granger stated she is a senior at Lathrop High School, and she came to speak in support of Ordinance No. 6093. She stated laws do not protect the LGBTQ community, and the ordinance needs to pass so everyone can enjoy liberties.
Rev. Tandi Rogers, 523 N.J. Street, Tacoma, Washington – Rev. Rogers stated she is in town from Tacoma, Washington. She stated that when her city passed its equal rights legislation, a wave of collaboration and creativity occurred in her community. She stated the ordinance passed in her community in the early 2000s, and it improved the quality of life for everyone.
Luke Szklarz, 2145-C Polar Wind Court, Eielson Air Force Base – Mr. Szklarz stated he moved to Alaska from Texas and that he planned to raise his family in Fairbanks. He stated, however, that the language in the ordinance gives him pause. He stated the ordinance discriminates against religious people, and he shared that he spoke to several ladies who will start to shop online if they have to share public restrooms with unsafe people.
Amy Faye Proctor, 2572 Carrie Lynn Drive, Fairbanks – Ms. Proctor stated she has lived in Fairbanks for 14 years and that there is no reason for the ordinance. She stated Phoenix and Sacramento have passed similar ordinances, and there has been no change other than separation in those communities.
Emily Marie Fleagle, 3413 White Spruce Drive, North Pole – Ms. Fleagle asked the Council not to pass the ordinance; she stated she does not want to share a restroom with a man. She stated she was concerned that a man using the same restroom may take advantage of her vulnerability.
Elizabeth Holm, 2454 San Augustin Drive, North Pole – Ms. Holm stated the ordinance discriminates against people because it forces businesses to hire people based on gender identity. She stated there is not a problem with transgender discrimination in the community, and if someone feels discriminated against they should call 9-1-1 like everyone else. Ms. Holm cried and stated she had to tell her daughter that the Fairbanks City Council is going to allow men in the bathroom. She stated the Council is removing her right as a mother to protect her child from harm. She stated the Council is proposing allowing perverts to use a young girl’s bathroom.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 2 of 20
City Council Agenda Packet - August 12, 2019 5 of 119
Caleb Szklarz, 1506 Davison Street, North Pole – Mr. Szklarz stated he is not comfortable publicly speaking, but the issue is so important that he needs to speak. He relayed a story of a young girl being assaulted in the restroom as a result of a school’s transgender bathroom policy. He asked the Council to vote no on Ordinance No. 6093 because it is dangerous for women and children. Ms. Szklarz stated he has spoken to women who said they will start shopping online instead of in local stores if the Council passes the ordinance. He stated he has spoken to many fathers who are afraid to let their daughters enter a restroom for fear of a predator assaulting them in the bathroom. He stated the ordinance discriminates against Christians, and freedom of religion is a Constitutional right.
Grace Matthews, 561 Auburn Drive, Fairbanks – Ms. Matthews stated she was born in Fairbanks, and she will graduate from the University of Alaska Fairbanks (UAF) in the spring. She stated she worries about telling her landlord about the sex of her partner and stated the legislation is needed. She stated she has experienced discrimination, and it is the Council’s job to protect people that have no protections. She asked the Council to pass Ordinance No. 6093.
Shirley Lee, 457 Cindy Drive, Fairbanks – Ms. Lee voiced her support for the passage of Ordinance No. 6093. She stated as an Alaska Native woman, as a quasi-elder, and as an advocate for marginalized people, the ordinance is necessary. She stated that as late as the 1960s she saw signs in businesses around town that said, “No Natives Allowed”. Ms. Lee asked everyone to remember those signs when they attend the Fairbanks Native Association (FNA) potlatch. She stated that FNA was formed to allow Native people to be who they are without repercussions and that equal protection laws with exceptions do not allow for equal protections.
Rose O’Hara-Jolley, 1932 Kittiwake Drive, Fairbanks – Ms. O’Hara-Jolley spoke in support of Ordinance No. 6093. She stated she has shared with the public over the period of time the ordinance has been debated, and that real hate and discrimination has been placed upon her. She spoke to all the people who have sat in the chair to speak in support of the ordinance and to the few people who testified against it. She asked the Council to pass the ordinance.
Ryan Gray, 3155 Moominvalley Court, Fairbanks – Mr. Gray thanked the Council for the opportunity to speak at the meeting and asked them not to vote for the ordinance. He stated he wants to stay in Fairbanks, but is troubled by the values being placed upon him by the ordinance. He stated the Bible talks about Adam and Eve, a male and a female created by God. He stated no matter what a person perceives, they are scientifically either a man or a woman. He asked the Council to vote no on the ordinance.
Chris Carr, 2545-B Maria Street, Fairbanks – Ms. Carr asked the Council to vote yes on Ordinance No. 6093. She spoke of the murder of Matthew Shepard who was beaten and left tied to a fence to die because he was gay. She stated she did not come out until she moved to Fairbanks; she stated she is lucky because she has a great landlord and she works at UAF. Ms. Carr stated she would not lose her job or be kicked out of her home because of who she loves, and she thanked those who were brave enough to put themselves at risk by coming to testify and out themselves. She stated she wants Fairbanks to be a City where people feel safe and where kids know that they can grow up and love who they love. She asked the Council to pass the ordinance.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 3 of 20
City Council Agenda Packet - August 12, 2019 6 of 119
Dana Lewis, 401 Lathrop Street, Fairbanks – Ms. Lewis stated she is a bisexual Black woman but that she is not sure of her gender. She stated she has known people who were rejected by their parents when they came out, and she is glad to have a good family. She stated she should not have to tolerate discrimination. She stated she is accepting of others’ religious freedom, but their freedom has to stop when they shun others for being who they are. She stated she has family members who were not allowed to use restrooms because of the color of their skin.
Florie Wilcoxson, 3140 College Road, Fairbanks – Ms. Wilcoxson asked the Council to use careful consideration as they move forward. She stated the ordinance opens the door for people who have bad plans for women and children. She stated there have been incidents of rape in restrooms in other cities because of this type of legislation and that the City of Fairbanks does not want that to happen. She stated actions come from inside of people, and the ordinance will not force people to be nice.
Eleanor Adasiak, 519 Bonnifield Street, Fairbanks – Ms. Adasiak stated she is a sophomore at Lathrop High School and that she is afraid to speak because she is gay. She stated she understands the discrimination of the LGBTQ community. She stated it is not responsible to reduce the issue down to a matter of faith because nobody deserves to be discriminated against.
Kara Carlson, 782 7th Avenue, Fairbanks – Ms. Carlson stated she wants to live in a community where everyone is equally respected. She stated she has dedicated her life to sexual assault prevention and intervention and that Alaska has two times the national average for sexual assaults. She quoted statistics about sexual assaults within the LGBTQ community. She explained that sexual violence has been going on for a long time, and it is not a result of shared restrooms. Ms. Carlson stated there is already a problem with sexual violence in the community, and that issue should be discussed instead of concerns regarding restrooms. She asked what would happen if people simply loved their neighbor and left judgement up to a higher power.
Becky Anderson, 3752 Mariposa Lane, Fairbanks – Ms. Anderson stated she is a Christian who loves God. She stated she is a compassionate human being, and she has supported the ordinance since it was spoken about at the December 10 meeting. She stated she is tired of hearing people claim that they are Christians while being so hateful. She stated the ordinance is not an assault on Christianity; rather, it gives everyone equal protection.
Mayor Matherly declared Citizens’ Comments closed as the time was 7:30 p.m.
APPROVAL OF AGENDA AND CONSENT AGENDA
Ms. Therrien, seconded by Ms. Kun, moved to APPROVE the Agenda and Consent Agenda.
Chief of Staff Mike Meeks recommended that FFU Labor Negotiations be pulled from Executive Session. Mayor Matherly requested that the item be pulled from the agenda, and no Council Members objected.
Mayor Matherly called for objection to APPROVING the Agenda, as Amended, and, hearing none, so ORDERED.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 4 of 20
City Council Agenda Packet - August 12, 2019 7 of 119
City Clerk Snider read the Consent Agenda into the record.
APPROVAL OF PREVIOUS MINUTES
a) Regular Meeting Minutes of September 24, 2018
APPROVED on the CONSENT AGENDA
SPECIAL ORDERS
a) The Fairbanks City Council heard interested citizens concerned with the following Liquor License Applications for Renewal:
Lic. # DBA License Type Licensee Premises Address Beverage 4763 Bobby’s Downtown Delta Epsilon, Inc. 609 2nd Avenue Dispensary Restaurant/ 5262 Aha Oriental Kitchen Moonstone, LLC 996 Blair Road Eating Place Beverage 2258 Regency Hotel Dispensary – Pacific Rim Associates I, Inc. 95 10th Avenue Tourism Gallo’s Mexican Beverage 4314 Northern Lights Business, Inc. 60 College Road Restaurant Dispensary Soapy Smith’s Restaurant/ 3336 Nicholas V. Stepovich 543 2nd Avenue Pioneer Restaurant Eating Place Restaurant/ 5585 Jazz Bistro on 4th Bluenote Create, Inc. 527 4th Avenue, Suite B Eating Place
Mr. Pruhs, seconded by Ms. Therrien, moved to WAIVE PROTEST on the Liquor License Applications for Renewal.
Mayor Matherly called for public comment and, hearing none, declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON THE LIQUOR LICENSE APPLICATIONS FOR RENEWAL AS FOLLOWS:
YEAS: Therrien, Rogers, Pruhs, Ottersten, Kun, Cleworth NAYS: None Mayor Matherly declared the MOTION CARRIED.
MAYOR’S COMMENTS AND REPORT
Mayor Matherly stated that he had an intense week working in Juneau the week prior, and he warned the Council of future cuts to State revenue sharing. He recognized Jack Coghill for being such an asset to the State of Alaska, and he offered condolences to his family.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 5 of 20
City Council Agenda Packet - August 12, 2019 8 of 119
COUNCIL MEMBERS’ COMMENTS
Mx. Ottersten requested a brief recess. Mayor Matherly stated there will be a recess following Council Members’ Comments.
Mr. Cleworth thanked everyone for coming out, for waiting hours to testify, and for having such passion about the topic. He stated he has been around for a few years, and he has never seen anything like it. He added that the Council is trying to do their best.
Mr. Pruhs stated he had no comments.
Ms. Therrien stated she had no comments.
Ms. Rogers thanked everyone for coming out have their voices heard, and she shared that it was encouraging to have so many people show interest in the community. She stated she appreciates everyone’s opinions and how much research people have been doing on the ordinance.
Ms. Kun thanked everyone for coming out to testify and commented on the bravery of those who have actually come out at the meetings. She thanked everyone who provided statistics about issues and stated that they are heard. She expressed hope that everyone can move forward.
Mayor Matherly called for a ten-minute recess. The meeting reconvened after a brief recess.
UNFINISHED BUSINESS
a) Ordinance No. 6093, as Amended – An Ordinance Amending FGC Chapter 1 by Adding Sections 1-21 through 1-28 Addressing Equal Rights. Introduced by Council Members Ottersten, Kun, Therrien, Rogers, and Mayor Matherly. POSTPONED from the Regular Meeting of December 10, 2018; a public hearing was held at that time.
The motion to ADOPT Ordinance No. 6093, as Amended, made by Ms. Kun and seconded by Mx. Ottersten, was on the floor from the Regular Meeting of December 10, 2018.
Ms. Therrien, seconded by Mr. Cleworth, moved to AMEND Ordinance No. 6093, as Amended, by incorporating ministerial amendments 1 through 11 from the list of suggested amendments.
The ministerial amendments were as follows:
1. Section 1-22(a)(2). Strike “of any applicant or member” at the end of the sentence. 2. Section 1-22(a)(5). Change “the student’s race, color . . . ” to “their race, color . . . ” 3. Section 1-22(b). Change the 4th word in the 1st sentence from “chapter” to “section”. 4. Section 1-25(a), 1st sentence. Strike “this chapter” and replace with “Sec. 1-22 or Sec. 1-23”. 5. Section 1-25(c). Strike “and this Section”. 6. Section 1-25(d), 2nd sentence. Replace “this chapter” with “Sec. 1-23”. 7. Section 1-25(e). Replace “this chapter” with “Sec. 1-22”.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 6 of 20
City Council Agenda Packet - August 12, 2019 9 of 119
8. Section 1-25(g). Replace “this chapter” with “Sec. 1-23 or Sec. 1-24”. 9. Section 1-26(1). Replace “this chapter” with “Sec. 1-22, Sec. 1-23, or Sec. 1-24”. 10. Section 1-26(2). Replace “this chapter” with “Sec. 1-22, Sec. 1-23, or Sec. 1-24”. 11. Section 1-28. Replace “this chapter” with “Sections 1-21 through 1-27”.
Ms. Kun pointed out that amendments 1 through 11 are housekeeping items.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY INCORPORATING MINISTERIAL AMENDMENTS 1 THROUGH 11 FROM THE LIST OF SUGGESTED AMENDMENTS AS FOLLOWS:
YEAS: Rogers, Ottersten, Therrien, Pruhs, Cleworth, Kun NAYS: None Mayor Matherly declared the MOTION CARRIED.
Mx. Ottersten, seconded by Ms. Therrien, moved to AMEND Ordinance No. 6093, as Amended, by striking the definition of “Familial status” in Section 1-28 and amending the list of bases for unlawful discrimination in the 1st whereas clause and in the two instances in Section 1- 21 to read, “...race, color, age, religion, sex, marital status, changes in marital status, pregnancy, parenthood, disability, sexual orientation, gender identity, gender expression, ethnicity, or national origin...”.
Mr. Cleworth stated the amendment is consistent with state and federal law.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY STRIKING THE DEFINITION OF “FAMILIAL STATUS” IN SECTION 1-28 AND AMENDING THE LIST OF BASES FOR UNLAWFUL DISCRIMINATION IN THE 1ST WHEREAS CLAUSE AND IN THE TWO INSTANCES IN SECTION 1-21 TO READ, “...RACE, COLOR, AGE, RELIGION, SEX, MARITAL STATUS, CHANGES IN MARITAL STATUS, PREGNANCY, PARENTHOOD, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, ETHNICITY, OR NATIONAL ORIGIN...” AS FOLLOWS:
YEAS: Kun, Ottersten, Therrien, Pruhs, Cleworth, Rogers NAYS: None Mayor Matherly declared the MOTION CARRIED.
Mx. Ottersten, seconded by Ms. Kun, moved to AMEND Ordinance No. 6093, as Amended, by striking subsection (c) from Section 1-23.
Mx. Ottersten stated the State of Alaska did not incorporate two of the five exemptions from the Fair Housing Act, and they should not be incorporated in the ordinance.
Mr. Pruhs stated it is federally covered; Mx. Ottersten stated the “Ms. Murphy” exception was not accepted by the State of Alaska and should not be covered by the City of Fairbanks. Mr. Pruhs stated LGBTQ people are protected under federal law, and the Council did not need to make changes to the ordinance. Mx. Ottersten explained the need for LGBTQ protections.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 7 of 20
City Council Agenda Packet - August 12, 2019 10 of 119
Mr. Cleworth requested that the Council address amendments in order moving forward.
Ms. Kun stated that gender identity and gender expression needs to be protected under the ordinance.
Mr. Cleworth spoke against the amendment.
Mr. Pruhs stated the federal government states that there are no protected classes in one’s home and that anyone can live with whomever they choose.
Mx. Ottersten encouraged the Council to change the language so that it would apply to a three- family dwelling or larger.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY STRIKING SUBSECTION (c) FROM SECTION 1-23 AS FOLLOWS:
YEAS: Kun, Ottersten, Therrien NAYS: Cleworth, Pruhs, Rogers, Matherly Mayor Matherly declared the MOTION FAILED.
Mr. Cleworth seconded by Mr. Pruhs, moved to AMEND Ordinance No. 6093, as Amended, by adding the sentence, “Employers may establish dress code policies that are consistently used for all employees.” immediately prior to the religious exemption in Section 1-22(b).
Mr. Cleworth spoke in favor of employers being able to establish dress code policies. He stated that the word “may” does not require them to establish a dress code policy.
Mx. Ottersten asked Mr. Cleworth if an employer could fire someone who is in transition for a gender reassignment. Mr. Cleworth stated the ordinance is only addressing policy and that it does not change current federal protections.
Mx. Ottersten stated they are concerned about going backwards; they indicated that people have a right to dress the way they choose.
Ms. Therrien asked City Attorney Paul Ewers if the proposed language would allow an employer to fire an employee going through gender reassignment procedures. Mr. Ewers that there is a case pending review by the U.S. Supreme Court to address that issue. Ms. Therrien stated she shared Mx. Ottersten’s concern about someone losing their job while transitioning.
Ms. Kun asked a hypothetical question about the liability the City takes on by stating that businesses may establish a dress code. She stated it is not the Council’s job to tell businesses that they may have a dress code. Mr. Ewers advised that the term “may” is only advisory.
Ms. Rogers asked what changed Mx. Ottersten’s mind about the language. Mx. Ottersten shared that people should be able to dress the way they want without fear of losing their job.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 8 of 20
City Council Agenda Packet - August 12, 2019 11 of 119
Mayor Matherly stated small business owners and landlords need to educate themselves on rules for operating a business.
Mr. Cleworth stated most businesses have policies, and if the language can help avoid one lawsuit, it is a good thing.
Mr. Pruhs stated there is theory and reality; he stated, in theory, anyone can be sued for anything and that he does not believe this issue is going to cause any problems.
Ms. Rogers stated given further discussion that she feels it is unnecessary to add the language because it is a business owner’s responsibility to learn the rules. She stated she would vote in favor of the motion, but she finds it unnecessary to school business owners.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY ADDING THE SENTENCE, “EMPLOYERS MAY ESTABLISH DRESS CODE POLICIES THAT ARE CONSISTENTLY USED FOR ALL EMPLOYEES.” IMMEDIATELY PRIOR TO THE RELIGIOUS EXEMPTION IN SECTION 1-22(b) AS FOLLOWS:
YEAS: Pruhs, Cleworth, Rogers, Matherly NAYS: Therrien, Kun, Ottersten Mayor Matherly declared the MOTION CARRIED.
Mr. Cleworth, seconded by Mr. Pruhs, moved to AMEND Ordinance No. 6093, as Amended, by striking the religious exemption in Section 1-22(b) and adding new subsection (c) to read, “This section shall not apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.”
Ms. Kun spoke to the wordiness of the amendment, and she spoke in opposition to it.
Mr. Pruhs stated he supports the amendment, and it is in alignment with federal law.
Ms. Therrien stated she prefers the language in suggested amendment number four on the list.
Mx. Ottersten stated that as decisions come down from the Supreme Court, the ordinance will have outdated language; they spoke against the amendment for the sake of simplicity.
Mayor Matherly stated that what could happen down the road at the federal level has not happened yet. He implored the Council to agree on some type of religious exemption.
Ms. Rogers asked Mr. Ewers to speak to the amendment language. Mr. Ewers stated the language in suggested amendment number four states the obvious, that state and federal constitutional protections shall not be abridged. In regard to suggested amendment number five, Mr. Ewers stated that the language has been through a number of court cases and has been
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 9 of 20
City Council Agenda Packet - August 12, 2019 12 of 119 analyzed by a number of fact patterns. He stated that court decisions give guidance as to what the language covers and does not cover.
Mr. Pruhs encouraged the Council to approve the proposed amendment.
Ms. Therrien stated that amendment number four includes religious protections for individuals, whereas amendment number five speaks only to religious corporations, associations, educational institutions, or societies. She stated she believes amendment four is broader, and that is why she supports it.
Mr. Cleworth stated it is hard to anticipate all the laws that may change based on court decisions. He stated amendment number five is definitive and needs to be included.
Ms. Kun stated she would like to see a list of definitions added to the ordinance; she specifically questioned the definition of religious corporations, associations, educational institutions, or societies.
Mx. Ottersten asked Mr. Ewers if he could find the definitions of the terms as defined in federal law. Mr. Ewers indicated he could do the research. Mx. Ottersten stated they are comfortable with the proposed amendment as long as federal law definitions are referenced in the ordinance.
Ms. Therrien asked if the Council would entertain amending the amendment to include both suggested amendments, numbers four and five.
Mr. Cleworth, with the concurrence of the Second, moved to AMEND the motion to amend by adding to the end of the section that “Nothing in this section shall abridge any state or federal constitutional protections for freedom of religion.” There was no objection.
Mr. Cleworth stated the ordinance could be amended to add reference to federal law definitions.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY STRIKING THE RELIGIOUS EXEMPTION IN SECTION 1-22(b) AND ADDING NEW SUBSECTION (c) TO READ, “THIS SECTION SHALL NOT APPLY TO A RELIGIOUS CORPORATION, ASSOCIATION, EDUCATIONAL INSTITUTION, OR SOCIETY WITH RESPECT TO THE EMPLOYMENT OF INDIVIDUALS OF A PARTICULAR RELIGION TO PERFORM WORK CONNECTED WITH THE CARRYING ON BY SUCH CORPORATION, ASSOCIATION, EDUCATIONAL INSTITUTION, OR SOCIETY OF ITS ACTIVITIES. NOTHING IN THIS SECTION SHALL ABRIDGE ANY STATE OR FEDERAL CONSTITUTIONAL PROTECTIONS FOR FREEDOM OF RELIGION.” AS FOLLOWS:
YEAS: Therrien, Rogers, Pruhs, Ottersten, Cleworth NAYS: Kun Mayor Matherly declared the MOTION CARRIED.
Mr. Cleworth, seconded by Mr. Pruhs, moved to AMEND Ordinance No. 6093, as Amended, by adding new subsection (d) to Section 1-24 to read, “Disputes arising from this section must be
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 10 of 20
City Council Agenda Packet - August 12, 2019 13 of 119
resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting persons of certain race, color, age, etc. to indignities when they seek goods or services on the open market.”
Mr. Cleworth stated the language is almost identical to Justice Kennedy’s statement in the Colorado case involving the cake baker. Mr. Cleworth stated that with tolerance, some problems may be avoided.
Ms. Therrien questioned what public accommodation includes. Mx. Ottersten stated public accommodation includes any business the public is welcome to patronize. Ms. Therrien stated that, in the spirit of compromise, she did not have a problem with the proposed amendment.
Mx. Ottersten stated they are not comfortable with the word “must” in the proposed amendment; they suggested the word “must” be changed to “should”. Ms. Rogers agreed.
Mr. Cleworth, with the concurrence of the Second, moved to AMEND the motion to amend by changing the word “must” to “should”. There was no objection.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY ADDING NEW SUBSECTION (d) TO SECTION 1-24 TO READ, “DISPUTES ARISING FROM THIS SECTION SHOULD BE RESOLVED WITH TOLERANCE, WITHOUT UNDUE DISRESPECT TO SINCERE RELIGIOUS BELIEFS, AND WITHOUT SUBJECTING PERSONS OF CERTAIN RACE, COLOR, AGE, ETC. TO INDIGNITIES WHEN THEY SEEK GOODS OR SERVICES ON THE OPEN MARKET.” AS FOLLOWS:
YEAS: Ottersten, Cleworth, Rogers, Kun, Therrien, Pruhs NAYS: None Mayor Matherly declared the MOTION CARRIED.
Ms. Therrien seconded by Mx. Ottersten, moved to AMEND Ordinance No. 6093, as Amended, Section 1-25(d) by replacing the words “this chapter” with “Sec. 1-23” in the first sentence; by replacing in both instances where it appears the phrase “a religious organization, association, or society” with the phrase, “a religious organization”; by replacing “a nonprofit institution or organization” with “a nonprofit institution”; and by changing “a person” to “persons”.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, SECTION 1-25(d) BY REPLACING THE WORDS “THIS CHAPTER” WITH “SEC. 1-23” IN THE FIRST SENTENCE; BY REPLACING IN BOTH INSTANCES WHERE IT APPEARS THE PHRASE “A RELIGIOUS ORGANIZATION, ASSOCIATION, OR SOCIETY” WITH THE PHRASE, “A RELIGIOUS ORGANIZATION”; BY REPLACING “A NONPROFIT INSTITUTION OR ORGANIZATION” WITH “A NONPROFIT INSTITUTION”; AND BY CHANGING “A PERSON” TO “PERSONS” AS FOLLOWS:
YEAS: Rogers, Ottersten, Therrien, Pruhs, Cleworth NAYS: Kun
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 11 of 20
City Council Agenda Packet - August 12, 2019 14 of 119
Mayor Matherly declared the MOTION CARRIED.
Mayor Matherly asked the Council if they wished to act upon suggested amendments nine and ten. No members requested action on amendments nine and ten.
Ms. Therrien, seconded by Ms. Kun, moved to AMEND Ordinance No. 6093, as Amended, Section 1-27(a) by changing the number “365” to “300”.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, SECTION 1-27(a) BY CHANGING THE NUMBER “365” TO “300” AS FOLLOWS:
YEAS: Kun, Ottersten, Pruhs, Cleworth, Rogers NAYS: Therrien Mayor Matherly declared the MOTION CARRIED.
Mr. Cleworth, seconded by Mr. Pruhs, moved to AMEND Ordinance No. 6093, as Amended, Section 1-27(a) by adding to the end of the sentence, “...if recourse is not available through the EEOC or the State of Alaska Human Rights Commission.”
Ms. Therrien stated that the State of Alaska Human Rights Commission (AHRC) does not protect LGBTQ individuals, so she would not be voting in favor of the amendment.
Mr. Cleworth stated he was perplexed as to why the only recourse provided for was to go to the courts and stated he believes there are other remedies available. He stated he called the Equal Employment Opportunity Commission (EEOC) the other day, and he was on hold for 110 minutes. He stated he spoke to a person named Alex who relayed that the EEOC takes cases for LGBTQ individuals, although Alex would not verify the information in writing or provide him with a superior’s phone number. Mr. Cleworth read EEOC’s statement which states that they deal with cases of employment discrimination including those based on gender identity or sexual orientation. Mr. Cleworth stated the AHRC also provides recourse for LGBTQ individuals, and he encouraged people to use the agencies as a resource rather than going to court.
Ms. Kun stated the fact that Mr. Cleworth was on hold for 110 minutes with the EEOC proves that they are not protecting those who need protection; she added that if someone has been traumatized they should not have to wait on hold. She stated she is concerned with the EEOC’s ever-changing regulation language, and it is possible the EEOC will not be around forever.
Mx. Ottersten stated they have a problem requiring people to use resources that are 350 – 3000 miles away from Fairbanks; they stated that is not an option for all people, and that process can take years. They stated that the option to file a case locally is preferable. Mx. Ottersten stated that requiring people to take their cases to the EEOC is contrary to the intent of the ordinance.
Mr. Pruhs stated that one of the fears of people who oppose the ordinance is that lawsuits can easily be filed. He stated the amendment just gives people an avenue for arbitration by the EEOC if they are discriminated against. He stated the amendment alleviates fears of litigation.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 12 of 20
City Council Agenda Packet - August 12, 2019 15 of 119
Mr. Cleworth asked Mr. Ewers whether a person could still a file a lawsuit at any time if the amendment is adopted; Mr. Ewers replied affirmatively. Mr. Cleworth stated the ordinance gives other options before going directly to a lawsuit. He stated it is a free country, and anyone can file a lawsuit at any time.
Ms. Therrien stated she could not support the amendment because if a motion for an expedited case went to the court, it would not take a long time to have a hearing. She stated she believes the EEOC and AHRC timeline would be a lot longer.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, SECTION 1-27(a) BY ADDING TO THE END OF THE SENTENCE, “...IF RECOURSE IS NOT AVAILABLE THROUGH THE EEOC OR THE STATE OF ALASKA HUMAN RIGHTS COMMISSION.” AS FOLLOWS:
YEAS: Cleworth, Pruhs NAYS: Rogers, Kun, Ottersten, Therrien Mayor Matherly declared the MOTION FAILED.
Ms. Rogers requested to change her vote on a previous amendment regarding dress code.
Mayor Matherly called for a brief recess and indicated that the Clerk and Attorney would look into proper procedure for Ms. Rogers’ request.. The meeting reconvened after a brief recess.
Ms. Therrien, seconded by Mx. Ottersten, moved to AMEND Ordinance No. 6093, as Amended, Section 1-28, by striking the definition of “Employer” and rewriting the definition to read, “Employer includes any person who employs 4 or more persons for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, exclusive of that employer’s parents, spouse, or children, but does not include a club that is exclusively social, or a fraternal, charitable, educational, or religious association or corporation, if the club, association, or corporation is not organized for private profit.”
Mr. Pruhs, seconded by Mr. Cleworth, moved to AMEND the motion to amend by changing the number 4 to 15.
Mr. Pruhs stated the Council agreed to the language in December and wondered what changed. He stated he would like the number to be 15, and that will determine whether he supports the ordinance.
Mx. Ottersten stated the number is a compromise.
Ms. Kun stated there is a public safety concern. She asked Mr. Pruhs why the number 15 is a deal breaker for him. Mr. Pruhs stated it is about consistency with the federal standard. He stated he does not understand why the Council is going out of the bounds of what they agreed to previously.
Mx. Ottersten stated since the first reading on December 10, many letters, emails and phone calls have come from people, some who have lost their jobs because of their lifestyle. Mx.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 13 of 20
City Council Agenda Packet - August 12, 2019 16 of 119
Ottersten stated working one-on-one with a person is different than having several employees, and that is the basis for the number. They stated when they ran their business they had all sorts of people working for them and they emphasized hiring the best person for the job. They stated some employers have admitted that they already violate state law and do not follow proper hiring practices.
Ms. Rogers stated she believes in personal responsibility and stated that she would be in favor of lowering the number to one. In response to Mr. Pruhs’ earlier question, she stated that the Council was given a lot more insight since the December 10 meeting, and that is what had changed. She stated that just because the federal standard has been used throughout the ordinance does not mean it has to be used with in this particular amendment. She indicated that “a little bit wrong” is not okay.
Mx. Ottersten stated they are in favor of a lower number, but the number 4 came about in an effort to compromise and to be in line with Juneau’s ordinance.
Mr. Cleworth stated that even the Fairbanks Diversity Council did not vote unanimously on lowering the number. He stated that he struggles with the number issue, but he likes the consistency in following the federal law standard.
Mr. Therrien stated the whole point of the ordinance was to not discriminate. She stated that she understands the argument that the number should be 1; she stated she believes 15 is too many. She expressed support for 4 as a compromise. Ms. Therrien stated she hopes small businesses would not be impacted too much if the Council agrees to the number 4.
Mayor Matherly read aloud the amendment on the floor and asked for further discussion.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND THE MOTION TO AMEND BY CHANGING THE NUMBER 4 TO 15 AS FOLLOWS:
YEAS: Pruhs, Cleworth NAYS: Therrien, Rogers, Ottersten, Kun Mayor Matherly declared the MOTION FAILED.
Ms. Kun stated that some folks she has spoken with believe some Council Members will not support the ordinance regardless of compromises made. She spoke in support of changing the number to 1 and stated that a little bit of discrimination is not okay.
Ms. Kun, seconded by Ms. Rogers, moved to AMEND the motion to amend by changing the number 4 to 1.
Mr. Pruhs stated there is a difference between not supporting something and calling for a veto. He stated the Council is now entering into that territory.
Mx. Ottersten stated it has been 30 years since transitioning, and it has been 30 years of people being uncomfortable with it. They stated that there is a lot of strife in the country, and it comes
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 14 of 20
City Council Agenda Packet - August 12, 2019 17 of 119
back to a safety issue. They stated that they do not want to see anyone hurt. They agreed that a little discrimination is not okay, but they are willing to compromise with the number four.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND THE MOTION TO AMEND BY CHANGING THE NUMBER 4 TO 1 AS FOLLOWS:
YEAS: Kun NAYS: Ottersten, Therrien, Pruhs, Cleworth, Rogers Mayor Matherly declared the MOTION FAILED.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, SECTION 1-28, BY STRIKING THE DEFINITION OF “EMPLOYER” AND REWRITING THE DEFINITION TO READ, “EMPLOYER INCLUDES ANY PERSON WHO EMPLOYS 4 OR MORE PERSONS FOR EACH WORKING DAY IN EACH OF 20 OR MORE CALENDAR WEEKS IN THE CURRENT OR PRECEDING CALENDAR YEAR, EXCLUSIVE OF THAT EMPLOYER’S PARENTS, SPOUSE, OR CHILDREN, BUT DOES NOT INCLUDE A CLUB THAT IS EXCLUSIVELY SOCIAL, OR A FRATERNAL, CHARITABLE, EDUCATIONAL, OR RELIGIOUS ASSOCIATION OR CORPORATION, IF THE CLUB, ASSOCIATION, OR CORPORATION IS NOT ORGANIZED FOR PRIVATE PROFIT.” AS FOLLOWS:
YEAS: Pruhs, Therrien, Kun, Ottersten, Rogers NAYS: Cleworth Mayor Matherly declared the MOTION CARRIED.
Mayor Matherly stated that amendments 16 and 17 do not need to be addressed. He asked whether the Council would like to address amendment 18. No members requested action on amendment 18.
Mayor Matherly asked Mr. Ewers whether a determination had been made as to procedure regarding Ms. Rogers’ request to change her vote on a previous amendment. Mr. Ewers stated that Ms. Rogers may move to reconsider the amendment since she voted in the affirmative on that original motion; he stated four affirmative votes of the Council are required to allow reconsideration.
Ms. Rogers, seconded by Ms. Kun, moved to RECONSIDER the motion to amend Ordinance No. 6093, as Amended, by adding the sentence, “Employers may establish dress code policies that are consistently used for all employees.” immediately prior to the religious exemption in Section 1-22(b).
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO RECONSIDER THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY ADDING THE SENTENCE, “EMPLOYERS MAY ESTABLISH DRESS CODE POLICIES THAT ARE CONSISTENTLY USED FOR ALL EMPLOYEES.” IMMEDIATELY PRIOR TO THE RELIGIOUS EXEMPTION IN SECTION 1-22(b) AS FOLLOWS:
YEAS: Rogers, Kun, Ottersten, Therrien
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 15 of 20
City Council Agenda Packet - August 12, 2019 18 of 119
NAYS: Cleworth, Pruhs Mayor Matherly declared the MOTION CARRIED.
Mr. Cleworth stated he does not understand why this particular issue is controversial. He stated the language would only advise employers to have good practices and policies which may help them avoid litigation.
Ms. Therrien stated the amendment is not necessary and could allow an employee to lose their job if they go through a gender transition.
Mr. Cleworth argued that the amendment does not really change anything. He stated that the amendment is an effort to prevent litigation by advising business owners to have a policy.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY ADDING THE SENTENCE, “EMPLOYERS MAY ESTABLISH DRESS CODE POLICIES THAT ARE CONSISTENTLY USED FOR ALL EMPLOYEES.” IMMEDIATELY PRIOR TO THE RELIGIOUS EXEMPTION IN SECTION 1-22(b) AS FOLLOWS:
YEAS: Pruhs, Cleworth NAYS: Therrien, Kun, Ottersten, Rogers Mayor Matherly declared the MOTION FAILED.
Mr. Cleworth stated that Mr. Ewers had been looking into definition language for a religious corporation, association, educational institution, or society. Mr. Ewers stated that he had drafted some language, and he read it aloud.
Mr. Cleworth, seconded by Ms. Therrien, moved to AMEND Ordinance No. 6093, as Amended, by inserting into the next to the last paragraph of Section 1-28 a new paragraph to read, “As used in Section 1-22(b), the terms religious corporation, association, educational institution, or society shall have the same meaning as under applicable federal law.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6093, AS AMENDED, BY INSERTING INTO THE NEXT TO THE LAST PARAGRAPH OF SECTION 1-28 A NEW PARAGRAPH TO READ, “AS USED IN SECTION 1-22(b), THE TERMS RELIGIOUS CORPORATION, ASSOCIATION, EDUCATIONAL INSTITUTION, OR SOCIETY SHALL HAVE THE SAME MEANING AS UNDER APPLICABLE FEDERAL LAW AS FOLLOWS:
YEAS: Therrien, Rogers, Pruhs, Ottersten, Kun, Cleworth NAYS: None Mayor Matherly declared the MOTION CARRIED.
Ms. Therrien thanked everyone who attended, testified, and sent emails to the Council in regard to Ordinance No. 6093. She stated she hopes the Mayor will not veto if it is adopted.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 16 of 20
City Council Agenda Packet - August 12, 2019 19 of 119
Ms. Kun thanked everyone who came out to have their voices heard and thanked the City Clerk for keeping everything straight.
Mr. Cleworth expressed concern with litigation. He stated he does not like it that people may move directly to a lawsuit.
Mx. Ottersten said they are proud of the Council and thanked members for the hard work they put into the ordinance.
Ms. Rogers thanked everyone in the community for participating in the process. She spoke to Fairbanks being a family, and she spoke to moving forward in a compassionate way.
Ms. Therrien, in response to Mr. Cleworth’s concerns about litigation, stated she does not believe attorneys want to end up in court. She stated she believes legal disputes may be resolved by way of settlements.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6093, AS AMENDED, AS FOLLOWS:
YEAS: Ottersten, Rogers, Kun, Therrien NAYS: Cleworth, Pruhs Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6093, as Amended, ADOPTED.
Mayor Matherly called for a brief recess and reminded everyone that the doors to City Hall are locked. The meeting reconvened after a brief recess.
b) Ordinance No. 6094 – An Ordinance Approving the FAST Planning Inter-Governmental Operating Agreement. Introduced by Mayor Matherly and Council Member Cleworth. POSTPONED from the Regular Meeting of February 11, 2019; a public hearing was held at that time.
A motion to ADOPT Ordinance No. 6094, made by Mr. Cleworth and seconded by Mx. Ottersten, was on the floor from the Regular Meeting of February 11, 2019.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6094 AS FOLLOWS:
YEAS: Ottersten, Cleworth, Rogers, Kun, Therrien, Pruhs NAYS: None Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6094 ADOPTED. c) Ordinance No. 6095 – An Ordinance Authorizing the Lease of Real Property and Easement to SprintCom, Inc. for Siting of Communications Service Equipment Within the Weeks Field Cell Tower Lease Site. Introduced by Mayor Matherly. SECOND READING AND PUBLIC HEARING.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 17 of 20
City Council Agenda Packet - August 12, 2019 20 of 119
Ms. Therrien, seconded by Mx. Ottersten, moved to ADOPT Ordinance No. 6095.
Mayor Matherly called for public comment and, hearing none, declared Public Testimony closed.
City Attorney Paul Ewers stated this is something that former City Property Manager Pat Smith had been working on, and it is a tiny plot of land they plan to collocate on the existing cell tower. He explained that it is a lease within a lease.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6095 AS FOLLOWS:
YEAS: Rogers, Ottersten, Therrien, Pruhs, Cleworth, Kun NAYS: None Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6095 ADOPTED.
NEW BUSINESS
a) Resolution No. 4866 – A Resolution Urging the FMATS Policy Board to Approve Certain Amendments to the FAST Planning Intergovernmental Operating Agreement. Introduced by Council Member Cleworth
PASSED and APPROVED on the CONSENT AGENDA.
b) Ordinance No. 6096 – An Ordinance to Amend Fairbanks General Code Sections 2-87 and 2-115 Regarding Council Member Absences and Telephonic Participation at Meetings. Introduced by Council Member Cleworth.
ADVANCED on the CONSENT AGENDA.
DISCUSSION ITEMS
a) Committee Reports
Fairbanks Diversity Council (FDC) – Ms. Rogers stated the FDC met recently and discussed review of the Diversity Action Plan (DAP).
Legislative Committee – Ms. Therrien stated that members of the Legislative Committee met separately with Yuri Morgan, and he briefed members on what was happening in Juneau. Mayor Matherly commented that Yuri is well-respected, and he does a lot of hard work for the City of Fairbanks.
WRITTEN COMMUNICATIONS TO COUNCIL
a) Clay Street Cemetery Commission Meeting Minutes of January 2, 2019
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 18 of 20
City Council Agenda Packet - August 12, 2019 21 of 119
ACCEPTED on the CONSENT AGENDA. b) Fairbanks Diversity Council Meeting Minutes of January 8, 2019
ACCEPTED on the CONSENT AGENDA.
COUNCIL MEMBERS’ COMMENTS
Ms. Therrien stated she and Ms. Rogers recently had the opportunity to go inside the 100’ x 100’ tank at Fairbanks Natural Gas (FNG). She said goodbye to Jack Coghill and stated he was a wonderful person.
Ms. Rogers spoke kindly of Jack Coghill who was a great leader with a tremendous amount of perspective on a wide variety of topics. She stated it has been a wonderful meeting.
Ms. Kun recited the Native land acknowledgement and stated that she would like it to be read at Council meetings. She welcomed the Festival of Native Arts as Black History Month closes out.
Mx. Ottersten stated they attended a seminar at the Morris Thompson Cultural and Visitors Center, and it was one of the best they have attended. They stated they are grateful to be present.
Mr. Cleworth stated the Fairbanks Police Department (FPD) was involved in a shooting recently. He stated he was happy the suspect was apprehended, and it is unfortunate that the suspect was shot in the process. Mr. Cleworth commended Public Works for their work in snow removal and commented on the issues they have encountered with equipment; he stated that the City is looking into new snow blowers. He requested an update on Fire Department call data, and he asked that the item be added to the next Finance Committee agenda.
Mr. Pruhs stated he had a fun Friday at the Republican meeting; he stated he meant the words he said at that meeting. He stated he was filling in at the last moment for the Mayor at the event, and the Mayor was the intended target. Mr. Pruhs stated there was a person recording, and he cautioned the Mayor to be careful.
CITY ATTORNEY’S REPORT
City Attorney Ewers stated he came in to the office on Sunday and saw Housing & Homeless Coordinator Mike Sanders working. He commended Mr. Sanders for his hard work. Mayor Matherly and Ms. Rogers also commended Mr. Sanders for the work he is doing.
Ms. Kun, seconded by Mx. Ottersten, moved to ENTER Executive Session for the purpose of discussing PSEA Labor Negotiations.
Mayor Matherly called for objection and, hearing none, so ORDERED.
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 19 of 20
City Council Agenda Packet - August 12, 2019 22 of 119
EXECUTIVE SESSION a) PSEA Labor Negotiations
The City Council met in Executive Session to discuss PSEA Labor Negotiations. Direction was given to the negotiating team, and no action was taken.
ADJOURNMENT
Mr. Pruhs, seconded by Ms. Kun, moved to ADJOURN the meeting.
Mayor Matherly called for objection and, hearing none, so ORDERED.
Mayor Matherly declared the meeting adjourned at 11:08 p.m.
______JIM MATHERLY, MAYOR
ATTEST:
______D. DANYIELLE SNIDER, CMC, CITY CLERK
Transcribed by: EB
City of Fairbanks NOT A VERBATIM TRANSCRIPT February 25, 2019 Regular Meeting Minutes Page 20 of 20
City Council Agenda Packet - August 12, 2019 23 of 119
FAIRBANKS CITY COUNCIL REGULAR MEETING MINUTES, MARCH 11, 2019 FAIRBANKS CITY COUNCIL CHAMBERS 800 CUSHMAN STREET, FAIRBANKS, ALASKA
The City Council convened at 6:30 p.m. on the above date to conduct a Regular Meeting of the Fairbanks City Council at the City Council Chambers, 800 Cushman Street, Fairbanks, Alaska, with Mayor Jim Matherly presiding and with the following Council Members in attendance:
Council Members Present: Shoshana Kun, Seat A June Rogers, Seat B Valerie Therrien, Seat C Kathryn Ottersten, Seat D Jerry Cleworth, Seat E David Pruhs, Seat F
Absent: None
Also Present: Margarita Bell, Controller Paul Ewers, City Attorney D. Danyielle Snider, City Clerk Mike Meeks, Chief of Staff Teal Soden, Communications Director Angela Foster-Snow, HR Director Eric Jewkes, Police Chief Bob Pristash, City Engineer Jim Styers, Fire Chief
City Clerk Danyielle Snider read the Mission Statement of the City of Fairbanks.
INVOCATION
The Invocation was given by City Clerk Danyielle Snider.
FLAG SALUTATION
Mayor Matherly requested that everyone to join him in the Pledge of Allegiance.
CITIZENS’ COMMENTS
Bobby Burgess, 3881 Chigmit Drive, Fairbanks – Mr. Burgess stated that over the past several weeks it has become clear that the Council does not listen to the public. He stated the Council should focus on civics and the need to equally protect all citizens. He stated laws have passed in other levels of government because there were leaders with integrity making wise decisions.
City Council Agenda Packet - August 12, 2019 24 of 119
Christine Robbins, Fairbanks – Ms. Robbins stated the ordinance is the worst piece of religious discrimination Fairbanks has ever seen. She stated Fairbanks has always been a “live-and-let- live” community where nobody cares about the sexuality or sexual orientation of others. She expressed concern that the ordinance would have caused some people to take advantage of others. She stated the goal should be to not offend anyone.
Jeremiah Youmans, 615 Berry Avenue, Fairbanks – Mr. Youmans stated he is a queer male whose partner could lose their housing if Ordinance No. 6093 is vetoed. He spoke about rallies that had occurred since the ordinance was drafted. He encouraged the Council to override the veto to make Fairbanks a great place for everyone to live.
Candace Cox, 867 Lakloey Drive, Fairbanks – Ms. Cox read a bible verse about Sodom and Gomorrah and stated that everyone is loved by a gracious and kind lord. She stated everyone is born into sin and that the Savior Lord Jesus Christ loves and forgives all sins.
Hayden Nevill, 3659 Jackhammer Road, Fairbanks – Mr. Nevill expressed frustration with audience members shouting out while people are testifying, and he asked people to refrain while others are speaking. He stated the City Council was democratically elected, and now the Mayor wants to veto the ordinance and allow it to go to a vote of the people. He stated that Council members who say laws already exist to protect the LGBTQ community do not know what they are talking about. Mr. Nevill stated Equal Employment Opportunity Commission (EEOC) policies only protect people at work – not in the areas of housing or public accommodation. He stated the EEOC policy followed depends upon the circuit court of the state. He stated the EEOC takes years to navigate through, and people who need help need immediate help. He urged the Council not to make movement toward placing the issue on the ballot.
Moriah Humphries, 2988 Springs Boulevard, North Pole – Mr. Humphries stated he believes the issue should be put to a people’s vote and shared that he is praying for wisdom for everyone.
Sarah Elder, North Pole – Ms. Elder stated she is part of the LGBTQ community, but she lives outside City limits and cannot vote on City ballot issues. She stated she came out because of the ordinance and has put herself at risk by doing so. She stated she is a lesbian and does not get treated poorly, but many of her friends have been treated poorly. She stated she provided the Council with a list of 30 people who have been targeted by hate speech.
Julie Smyth, 717 9th Avenue, #301, Fairbanks – Ms. Smyth stated she is a resident of the City, and she asked the Council to draw upon the spirits of Abraham Lincoln and Martin Luther King Jr. in making the right decision on Ordinance No. 6093. She stated she would sit in silence for the remainder of her testimony to give the Council time to think.
Yule Chadwick, 1288 Sunny Slope, Fairbanks – Ms. Chadwick stated she stood with the Council out of love and spoke in favor of putting the issue to a vote of the people. She stated she would remain silent for the remainder of her testimony in honor of the LGBTQ community that has been discriminated against.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 2 of 17
City Council Agenda Packet - August 12, 2019 25 of 119
John Szklarz, 1506 Davison Street, North Pole – Mr. Szklarz spoke in favor of the Mayor’s veto and supported taking the issue to a vote of the people. He stated the Council tried to rush an ordinance through which would prey on vulnerable women and would force employers to hire less qualified candidates in order to fill a quota of LGBTQ employees. He asked that the people be given the right to use their own freedom and choice of religion to vote on the issue.
Mindy O’Neall, 234 Princess Drive, Fairbanks – Ms. O’Neall stated the meeting started with the reading of a statement about Fairbanks being a vibrant place; then everyone stood and said the Pledge of Allegiance. She stated there should not be winners and losers in an equal rights ordinance and that discrimination is a real problem. She asked why the Council was allowing fear to take over the community. She stated she has become fearful of her community because the Council perpetuates the fear. She stated she would use the rest of her time in silence.
Danielle Rathbun, Fairbanks – Ms. Rathbun stated she has lived in Fairbanks her whole life. She spoke of some friends who rented their place to a gay couple and were accused of discrimination when they evicted the tenants for just cause. She stated she grew up with lessons kindness, respect, and honesty. She stated she would not feel comfortable using a restroom with a man. She stated she appreciates the Mayor taking a stand and vetoing the ordinance.
Victor Buberge, P.O. Box 58192, Fairbanks – Mr. Buberge asked who really runs the show around the City, the Mayor or the Chief of Police. He accused Police Chief Jewkes of grabbing him at the last Council meeting; he also accused Chief Jewkes of being full of himself. Mr. Buberge stated the roundabouts off Bentley Trust Road are slippery and poorly engineered.
Laurie Walton, 675 Gold Vein Road, Fairbanks – Ms. Walton expressed her frustration and disappointment in the Mayor’s veto of Ordinance No. 6093. She stated many citizens have outed themselves over the past several months because they thought the City Council would protect them. She spoke against the issue being on the ballot because the marginalized group is part of the minority. She stated the Alaska Civil Rights Act was signed into law in 1945, and although it did not end discrimination it made it illegal. She remained silent for the remainder of her time in honor of her LGBT friends and neighbors.
Blake Burley, 727 Bentley Drive, Fairbanks – Mr. Burley stated he is a resident of the City of Fairbanks. He stated he does not support discrimination but believes the protection of activities God hates is wicked, and it angers a righteous God. He read from scripture about the judgement of God and the option of repentance. He read more scripture speaking against homosexuality.
Hannah Hill, 1305 3rd Avenue, Fairbanks – Ms. Hill stated she felt a sense of relief after the Council passed Ordinance No. 6093 and spoke to growing up as a queer person in Fairbanks. She stated she was proud of the Golden Heart City, and now she feels the opposite. She stated that privilege is when you are so removed from reality that you do not see discrimination. She spoke against putting the basic dignity of an oppressed group of people up for a public vote.
Kevin Smith, 402 16th Avenue, Fairbanks – Mr. Smith stated he is happy that the ordinance may go to a public vote. He stated he commented on the News Miner article that he was disappointed
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 3 of 17
City Council Agenda Packet - August 12, 2019 26 of 119
in the Council’s decision to pass the ordinance, and he was met with many angry responders. He stated he does not hate anyone, and he read scripture from the book of Romans.
David Rucker, 814 Orca Court, Fairbanks – Mr. Rucker stated that he has been involved with civil rights since 1995, and he spoke against the veto of the ordinance. He explained why its veto would not be good for the LGBTQ community. He stated the ordinance protected people who have no control over the way that they identify. He stated people focused on the LGBTQ community and missed the fact that the ordinance protected everyone. Mr. Rucker stated his dream would be to have more diversity in the workforce, and it needs to start with students. He stated the veto sent a message in the City of Fairbanks that no one deserves equal treatment.
Kayt Sunwood, 5601 Old Ridge Trail, Fairbanks – Ms. Sunwood stated she is broken hearted that her Golden Heart City is vetoing the ordinance. She gave a brief history about being part of the LGBT community. She stated she has been fired from a job for her sexual orientation, and she encouraged the Council to override the Mayor’s veto.
Mayor Matherly declared Citizens’ Comments closed as the time was 7:30 p.m.
APPROVAL OF AGENDA AND CONSENT AGENDA
Mr. Pruhs, seconded by Ms. Kun, moved to APPROVE the Agenda and Consent Agenda.
Mayor Matherly called for objection and, hearing none, so ORDERED.
City Clerk Snider read the Consent Agenda into the record.
SPECIAL ORDERS
a) The Fairbanks City Council heard interested citizens concerned with the following Liquor License Applications for Renewal:
Lic. # DBA License Type Licensee Premises Address Beverage 1912 Eastern Treats Bulgar Corp 535 2nd Avenue Dispensary Recreational 4678 Fairbanks Junior Ice Dogs Fairbanks Junior Ice Dogs, Inc. 1920 Lathrop Street Site Restaurant/ 5051 Asiana Restaurant Young Mi Jin 2001 Airport Way Eating Place Beverage 1235 Airport Way, 4507 Miguel’s Restaurant Miguel’s LLC Dispensary Ste. 1 Loyal Order of Moose 1966 Club Fairbanks Lodge #1392 98 10th Avenue #1392 Beverage 556 International Hotel & Bar Dakota Ventures, Inc. 122 N. Turner Street Dispensary
Ms. Therrien, seconded by Mr. Cleworth, moved to WAIVE PROTEST on all the Liquor License Applications for renewal, with the exception of the renewals for Asiana Restaurant and the International Hotel & Bar.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 4 of 17
City Council Agenda Packet - August 12, 2019 27 of 119
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON ALL THE LIQUOR LICENSE APPLICATIONS FOR RENEWAL, WITH THE EXCEPTION OF THE RENEWALS FOR ASIANA RESTAURANT AND THE INTERNATIONAL HOTEL & BAR AS FOLLOWS:
YEAS: Ottersten, Cleworth, Rogers, Kun, Therrien, Pruhs NAYS: None Mayor Matherly declared the MOTION CARRIED.
Ms. Therrien, seconded by Mx. Ottersten, moved to PROTEST the Asiana Restaurant Liquor License Application for renewal until fire inspections are completed.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO PROTEST THE ASIANA RESTAURANT LIQUOR LICENSE APPLICATION FOR RENEWAL UNTIL FIRE INSPECTIONS ARE COMPLETED AS FOLLOWS:
YEAS: Rogers, Ottersten, Therrien, Pruhs, Cleworth, Kun NAYS: None Mayor Matherly declared the MOTION CARRIED.
Mr. Pruhs, seconded by Ms. Kun, moved to PROTEST the International Hotel & Bar Liquor License Application for renewal.
Mayor Matherly called for public testimony.
Ms. Therrien asked Mr. Jackovich about the death that occurred at the location.
John Jackovich, 122 N. Turner Street, Fairbanks – Mr. Jackovich explained that the death occurred on the grass near his location. He stated that person had not been in the International Hotel & Bar. He stated that there were actually two alcohol-related deaths that occurred on the grass there this year.
Ms. Therrien asked Mr. Jackovich if he had served alcohol to either of the people who had passed away; Mr. Jackovich stated neither had been patrons of his establishment. He stated incidents that occur near his establishment get connected to the bar’s address in the police call report, but they are unrelated. Ms. Therrien asked Mr. Jackovich to speak to the security measures he has taken at his establishment. Mr. Jackovich spoke to the meeting he had with Chief Jewkes and Deputy Chief Welborn. He stated he has increased security staff, and they have instituted a body and purse search because he does not want his bar to be thought of as a
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 5 of 17
City Council Agenda Packet - August 12, 2019 28 of 119
place where trouble starts. He stated staff have security vests and flash lights, and they patrol the parking lot at peak hours. He indicated that trouble that begins in the parking lot will come into the establishment. Mr. Jackovich stated he does not want anyone to be hurt, and he would shut the bar down before he would allow that to happen.
Ms. Rogers thanked Mr. Jackovich for taking the time to come speak to the Council.
Ms. Kun asked Mr. Jackovich about being cited for incorrect language on his license. Mr. Jackovich explained that the situation was an error in paperwork and is not alcohol related. He stated he learned of the investigation through his insurance company. He stated everyone calls his bar “The Big I”, and a new enforcement officer with the state stated the bar should be advertised as “International Hotel & Bar”. Mr. Jackovich stated he does not advertise as “The Big I” nor is that the d/b/a, but it is what it is known as in the community. He stated that is what the violation is about.
Ms. Kun expressed concern with the noise that comes from parties at the location; she asked how Mr. Jackovich plans to address the issue in the upcoming season. Mr. Jackovich stated he has worked hard to address the issue, and he will start the events earlier and end them earlier. He stated he would shut down in a second if it ever became unsafe.
Ms. Kun stated she has spoken with parents of middle-schoolers who are worried about the height of the fence at Mr. Jackovich’s venue. Mr. Jackovich stated his security team catches one or two fraudulent identification cards per weekend on average, and staff is vigilant. Ms. Kun asked whether it is possible for someone to hand a beer over the fence at the location; Mr. Jackovich indicated that it is possible, and it is possible at other establishments in Fairbanks also.
Hearing no more requests for comment, Mayor Matherly declared Public Testimony closed.
Police Chief Eric Jewkes gave a staff report regarding security at the International Hotel & Bar and stated that he has worked with Mr. Jackovich about crowd management. Chief Jewkes stated he had denied some of the noise variances but that Mr. Jackovich has worked hard to bring down the call volume. He stated that the location is much better now than it was a year ago.
Ms. Therrien asked Chief Jewkes if he recommended protest; Chief Jewkes replied that his department does not recommend protest.
Ms. Kun spoke to “Report Every Drunk Drive Immediately” (REDDI) calls. She wondered how many DUIs are resulting from the bar. Chief Jewkes replied that he would need to do more research before he could respond to Ms. Kun’s inquiry.
Mr. Pruhs, moved to withdraw the motion to PROTEST. Ms. Kun, as the Second, did not concur to withdraw the motion.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO PROTEST THE INTERNATIONAL HOTEL & BAR LIQUOR LICENSE APPLICATION FOR RENEWAL AS FOLLOWS:
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 6 of 17
City Council Agenda Packet - August 12, 2019 29 of 119
YEAS: Kun NAYS: Ottersten, Therrien, Pruhs, Cleworth, Rogers Mayor Matherly declared the MOTION FAILED.
Mr. Pruhs, seconded by Ms. Therrien, moved to WAIVE PROTEST on the International Hotel & Bar Liquor License Application for renewal.
Ms. Therrien stated she was concerned when she read about the death, but she is happy that the owner came to speak to the issues and has addressed problems with increased security.
Mr. Pruhs stated he lives in a neighborhood near the bar, and he is always happy to see cars left there overnight instead of being driven home by a drunk driver. He stated Mr. Jackovich understood there were concerns, and he has addressed those concerns. He stated Mr. Jackovich is an asset to the community.
Mx. Ottersten asked Ms. Kun to elaborate on why she opposes the liquor license. Ms. Kun stated she opposes the license because of underage people getting into the beer garden and drug deals being done at the bar. Ms. Kun stated she has friends that go to the bar, and they talk about people getting drugged, taking drugs, and carrying guns. She expressed concern with people being overserved and spoke about her friend’s 13 year-old daughter who was served beer over the fence.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON THE INTERNATIONAL HOTEL & BAR LIQUOR LICENSE APPLICATION FOR RENEWAL AS FOLLOWS:
YEAS: Cleworth, Pruhs, Rogers, Therrien NAYS: Ottersten, Kun Mayor Matherly declared the MOTION CARRIED. b) The Fairbanks City Council heard interested citizens concerned with the following Application for a New Restaurant/Eating Place Liquor License and Restaurant Designation Permit:
Type: Restaurant/Eating Place, License #5736 DBA: Soba, LLC Applicant: Soba, LLC Address: 535 2nd Avenue, Fairbanks, Alaska
Mayor Matherly reported that just before the meeting, Building Official Clem Clooten removed his recommendation for protest.
Ms. Kun, seconded by Mx. Ottersten, moved to WAIVE PROTEST on the Application for a New Restaurant/Eating Place Liquor License and Restaurant Designation Permit.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 7 of 17
City Council Agenda Packet - August 12, 2019 30 of 119
Mayor Matherly called for public testimony.
Alla Gutsul, Fairbanks – Ms. Gutsul stated she is the owner of Soba, and she would like to bring something different to Fairbanks. She stated she would like to serve beer and wine at the site.
Frank Turney, 1434 Lacey Street, Fairbanks – Mr. Turney stated the restaurant is in the Co-op Plaza, and he was not aware alcohol was sold inside the Co-op. He stated he supports the freedom of serving alcohol.
David van den Berg, 332 Slater Drive, Fairbanks – Mr. van den Berg stated he has supported restaurants in the downtown area, and he supports this license as well. He stated the liquor license would help the owners offer a full service restaurant which would be good for the downtown area.
Hearing no more requests for comment, Mayor Matherly declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON THE APPLICATION FOR A NEW RESTAURANT/EATING PLACE LIQUOR LICENSE AND RESTAURANT DESIGNATION PERMIT AS FOLLOWS:
YEAS: Pruhs, Therrien, Kun, Cleworth, Ottersten, Rogers NAYS: None Mayor Matherly declared the MOTION CARRIED. c) The Fairbanks City Council heard interested citizens concerned with the following Retail Marijuana Store License Application for Transfer of Ownership:
Type: Retail Marijuana Store, License #13949 DBA: Grass Station 49 Applicant: The Grass Station, LLC 3505 Airport Way, Fairbanks From: Wishful Things / Wishful Things, LLC 3505 Airport Way
Ms. Kun, seconded by Mr. Pruhs, moved to WAIVE PROTEST on the Retail Marijuana Store License Application for Transfer of Ownership.
Mayor Matherly called for public testimony.
Frank Turney, Fairbanks – Mr. Turney spoke in support of the license.
Ms. Kun congratulated Mr. Evans for having multiple locations and asked if he has had any trouble or issues at the location. She thanked Mr. Evans for donating back to the community.
Ms. Rogers thanked Mr. Evans for making it to the meeting and being available for questions.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 8 of 17
City Council Agenda Packet - August 12, 2019 31 of 119
Gary Evans, Fairbanks – Mr. Evans stated he landed at the airport and came straight to the Council meeting in case anyone had any questions.
Hearing no more requests for comment, Mayor Matherly declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON THE RETAIL MARIJUANA STORE LICENSE APPLICATION FOR TRANSFER OF OWNERSHIP AS FOLLOWS:
YEAS: Therrien, Rogers, Pruhs, Ottersten, Kun, Cleworth NAYS: None Mayor Matherly declared the MOTION CARRIED.
MAYOR’S COMMENTS AND REPORT
Mayor Matherly stated he attended the opening ceremonies for the annual Tanana Chiefs Conference (TCC) earlier in the day, and the state budget was first and foremost on their minds. He stated he received hundreds of emails and had many in-person conversations and interactions with the public regarding the veto of Ordinance No. 6093. He stated there was nothing about the veto that was in violation of the Code, and there were no City resources used for any of the rallies held.
COUNCIL MEMBERS’ COMMENTS
Mx. Ottersten stated that the Mayor lied to the public; they stated they felt profoundly sorry for him because he has given up his principals. They stated they are ashamed of the way he has written about people in the community and spoke against putting human rights to a popular vote. Mx. Ottersten stated direct democracies do terrible things, and the Council should show bravery and stamina to get through tough times. They stated they are sad for the community and that they have sat on suicide watch since the Mayor vetoed the ordinance. They asked the Mayor if he respects the residents of the City and Borough who are in pain due to discrimination. They stated the Mayor is a follower who gave up, and they are profoundly disappointed in him.
Mr. Cleworth thanked everyone for attending and for being civil. He stated it is never easy to come and testify and that the ordinance has been a difficult one to address.
Mr. Pruhs stated he held a rally the week prior, and it was an open public meeting – not a private event. He stated there was a lot of love at the event; he stated he has a video he intends to share with the Council and the News Miner. Mr. Pruhs stated the rally was peaceful and everyone spoke of love for Fairbanks.
Ms. Kun stated she has watched the video, and she felt like she was in a church just as she felt at times during the meeting. She stated when you look through the veil of privilege you cannot see discrimination. She acknowledged the moments of silence for those who could not attend.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 9 of 17
City Council Agenda Packet - August 12, 2019 32 of 119
Ms. Rogers read a statement she prepared regarding the division that has been created in the community. She addressed the accusation that she had endorsed abortion and stated that she had never done so. She stated when she was appointed to the Council, she was excited to be a part of the body with no loyalties to anyone; rather, just to support the community.
Ms. Therrien stated she is disappointed in the Mayor for vetoing the ordinance that the Council and citizens have spent so much time working on. She stated it is the Council’s job to protect the people of the community, and now there are people scared for their lives. She stated she heard about shenanigans at the republican luncheon regarding the ordinance, and she would not support the ordinance going to a public vote.
Mayor Matherly called for a brief recess. The meeting reconvened after a brief recess.
UNFINISHED BUSINESS a) Mayor’s Veto of Ordinance No. 6093, as Amended:
Ordinance No. 6093, as Amended – An Ordinance Amending FGC Chapter 1 by Adding Sections 1-21 through 1-28 Addressing Equal Rights. Introduced by Council Members Ottersten, Kun, Therrien, Rogers, and Mayor Matherly.
Information: Ordinance No. 6093, as Amended, was adopted by the City Council at the Regular Meeting of February 25, 2019 with an effective date of March 2, 2019. On Friday, March 1, 2019, Mayor Matherly filed a memorandum with the City Clerk vetoing the ordinance. Pursuant to Fairbanks City Charter Article IV, Section 4.2, the Mayor has veto power over all legislative action. The veto was filed within the 5-day period following adoption of the ordinance and requires 5 affirmative votes of the Council to override. Council action to override may be taken within 14 days following the veto (March 15, 2019).
Ms. Therrien, seconded by Ms. Rogers, moved to OVERRIDE the Mayor’s veto of Ordinance No. 6093, as Amended.
Ms. Kun stated the Council is discussing civil liberties, and many of her friends are affected by the veto. She spoke about people’s genetic makeup and how every person is different. She stated she considers all testimony to be valid regardless of City residency because those who live outside City limits frequent the City as well.
Ms. Therrien shared her disappointment in the veto of the ordinance because it affects people in the community so much. She stated discrimination exists, and it is the Council’s job to protect the people of the community. She asked Mr. Cleworth and Mr. Pruhs to vote in favor of overriding the veto.
Ms. Rogers spoke against the ordinance being put to a public vote because it is the job of elected leaders to make legislation. She stated the many hours that were spent fine-tuning the ordinance and listening to people who need support is proof that the community needs the ordinance. She
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 10 of 17
City Council Agenda Packet - August 12, 2019 33 of 119
stated there is not a topic she can recall when “people testifying but not living in the City” has been an issue. She stated people should not have to provide a tax receipt proving they live in the City in order to have an opinion because people come into the City all the time. She asked the Council to override the veto because not doing so is a step backwards.
Mx. Ottersten referenced Mr. Cleworth’s quote in the newspaper about being opposed to the ordinance because it does not require cases to go through the EEOC. Mx. Ottersten stated if businesses are hurt, they would be the first Council member to help change the language of the ordinance. They stated they hope Mr. Cleworth votes to override the veto.
Mr. Cleworth asked City Clerk Snider whether she had received inquiries about referendums; Ms. Snider stated she had.
Mr. Cleworth stated he received many calls in regard to referendum and the need for a religious exemption in the ordinance. He spoke to the journey of the ordinance and the amount of public interest it has initiated. He stated he has never seen such anger in the community, and he has been active in the City for many years. He stated he has never heard a Council member call the Mayor a liar, and it happened earlier in the meeting. Mr. Cleworth stated he is worried about employers not being able to have a dress code in place if they choose. He stated the courts are wrestling with the issue of public accommodation, and it became a huge discussion point during the life of the ordinance. He stated he has been reading Supreme Court decisions, and the issue is larger than the City of Fairbanks. Mr. Cleworth stated discrimination still exists and spoke to other places in the world where people are killed for being gay or for having certain religious views. He stated he is not going to vote to override the veto because he thinks the ordinance could be better, and it still needs work.
Ms. Rogers stated she will be voting in favor of overriding the veto, but she would like the Council to continue working on the ordinance because she believes it could be better also.
Mayor Matherly stated he did not make his decision to veto until February 27. He stated he has never received so much communication as he has over this ordinance.
Mr. Pruhs stated he was asked many times if he was going to vote against the ordinance, but he told everyone that he would have to see it first. He spoke of the difficulty of the Mayor’s decision to veto. He stated the Council did not sign up for “easy” when they ran for office.
Ms. Kun stated she feels inner pain because the City is not supporting people’s race, color, age, religious freedom, or sexual orientation. She stated her City is now openly discriminating against all sorts of people. She said people can legally discriminate against others and kick them out of their homes. She asked about the liability the Council is taking on by not protecting people’s homes and jobs. She stated there is no reason to go back to the gold mining days.
Mr. Cleworth read the State statute regarding discrimination and asked Ms. Kun if she thought it was all out the window now that the ordinance was vetoed. Ms. Kun stated that would be a great question for the City Attorney. Mr. Cleworth asked City Attorney Ewers if the City negated State law by not adopting the ordinance; Mr. Ewers stated it did not negate State law.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 11 of 17
City Council Agenda Packet - August 12, 2019 34 of 119
Mayor Matherly stated he did not veto the ordinance because he wanted to send a message that Fairbanks is a bigoted City and that the same protections apply that applied in a few months ago.
Ms. Kun asked if she could respond; Mayor Matherly stated that was enough. Ms. Therrien objected by stating if Ms. Kun wanted to respond she should be able to because it is the time for Council members’ comments. Mayor Matherly stated Ms. Kun has said what she needed to say; Mx. Ottersten stated that is unacceptable because it Ms. Kun had the floor. Mayor Matherly stated Ms. Kun may have the floor.
Ms. Kun stated she is concerned for people’s safety, and the Council must do its due diligence to give people protection.
Ms. Rogers stated the keyword from the whole discussion is public safety, and that should be taken very seriously by the Council.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO OVERRIDE THE MAYOR’S VETO OF ORDINANCE NO. 6093, AS AMENDED AS FOLLOWS:
YEAS: Kun, Ottersten, Therrien, Rogers NAYS: Pruhs, Cleworth Mayor Matherly declared the MOTION FAILED.
b) Ordinance No. 6096 – An Ordinance to Amend Fairbanks General Code Sections 2-87 and 2-115 Regarding Council Member Absences and Telephonic Participation at Meetings. Introduced by Council Member Cleworth.
Mr. Pruhs, seconded by Mx. Ottersten, moved to ADOPT Ordinance No. 6096.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
Mr. Cleworth thanked the Council for their input; he stated he did not want to bring the ordinance forward unless there was support for it. He stated telephonic attendance has become problematic because it is difficult to hear. He stated it will be better for the public to see Council members present in the Chambers.
Ms. Rogers thanked Mr. Cleworth for introducing the ordinance because telephonic attendance has been problematic. She stated Council meetings are spread throughout the year, and each member should make a concerted effort to attend meetings.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6096 AS FOLLOWS:
YEAS: Cleworth, Pruhs, Rogers, Kun, Ottersten, Therrien NAYS: None
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 12 of 17
City Council Agenda Packet - August 12, 2019 35 of 119
Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6096 ADOPTED.
NEW BUSINESS
a) Resolution No. 4867 – A Resolution Amending the City Schedule of Fees and Charges for Services by Adjusting Garbage Collection Rates. Introduced by Mayor Matherly.
PASSED and APPROVED on the CONSENT AGENDA.
b) Resolution No. 4868 – A Resolution Awarding a Contract to Rosenbauer to Provide an Aerial Platform Fire Apparatus in the Amount of $1,374,159. Introduced by Mayor Matherly.
PASSED and APPROVED on the CONSENT AGENDA.
c) Resolution No. 4869 – A Resolution in Support of Legislation to Extend the Sunset Date for LNG Storage Tax Credits. Introduced by Mayor Matherly.
PASSED and APPROVED on the CONSENT AGENDA.
d) Ordinance No. 6097 – An Ordinance Ratifying a Collective Bargaining Agreement Between the City of Fairbanks and the Public Safety Employees Association. Introduced by Mayor Matherly.
ADVANCED on the CONSENT AGENDA.
DISCUSSION ITEMS
a) Committee Reports
Legislative Committee – Ms. Therrien stated the committee met and discussed the resolution regarding liquefied natural gas (LNG) tax credits. She stated they discussed the budget, the University of Alaska Fairbanks (UAF), education, and the Pioneer Home. She stated they will meet in a week and a half, and they are discussing when she and Ms. Rogers will go to Juneau.
Mayor Matherly called for a brief recess. The meeting reconvened after a brief recess.
b) Equal Rights Ordinance Possible Next Steps (If the Mayor’s veto [agenda item 11a] had been overridden, this item would not have been addressed.)
Mr. Cleworth stated he called Ms. Rogers recently to discuss how to move forward with the process. He stated it is hard to go back to square one, but since the Council cannot unanimously agree on something they need to try harder. He stated the ordinance has created such a disconnect he would prefer to simply keep the issue open for more discussion.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 13 of 17
City Council Agenda Packet - August 12, 2019 36 of 119
Ms. Therrien asked Mr. Ewers if the Council could introduce another ordinance; Mr. Ewers replied affirmatively.
Ms. Rogers stated it is realistic to continue working on the ordinance because the Council is responsible for the safety of the public. She asked about how to move forward with the issue.
Mr. Cleworth stated everyone could go home and do some soul searching to figure out what it would take to support an ordinance. He stated if the Council cannot come up with something, members can agree to put the issue to bed.
Ms. Therrien stated she did not agree with sending people to the EEOC to file a discrimination case. She stated that it costs only a one-time filing fee to file a case with the court, and a person could represent themselves. She expressed concern about sending people to the EEOC because it is a lengthy and expensive process.
Mr. Cleworth stated he spoke with the EEOC, and they hear the kinds of cases being discussed. He suggested using the City’s Factfinding Commission but stated that people could still choose to move directly towards litigation. He stated he will not be able to let go of the public accommodation issue and that it is a problem he cannot immediately solve.
There was an outburst from an audience member who slammed the door on their way out of the Chambers door. Mayor Matherly called a point of order and asked those in the Chambers to adhere to the rules of decorum.
Ms. Rogers stated she did not think the issue should be dropped because of the pain being displayed right before her. She stated public safety and people’s pain are important issues, and it is difficult – but understandable – when Council members disagree with one another. She stated she cannot leave the room without knowing that other members will be willing to work toward bringing real comfort to each person in the community.
Mx. Ottersten stated they will be happy to continue working on the issue but insisted that public accommodation be included; they stated they did want to involve the Factfinding Commission.
Ms. Kun stated the Fairbanks Diversity Council (FDC) can continue to explore the issue. She stated the Council has left the City of Fairbanks vulnerable. She stated she has spent time on suicide watch with people who feel so awful that they want to kill themselves. She stated there is so much hurt and exposure of a vulnerable group, and it is the Council’s job to keep them safe. Ms. Kun stated it is about people and common sense, not about budgets. She stated the next step is now. She stated that if Mr. Cleworth and Mr. Pruhs can sleep at night, they have no understanding of how someone feels being on suicide watch. She stated the Council has made it wrong to be gay in Fairbanks, and she is right with the people who walked out of the meeting.
Ms. Therrien stated she would be willing to work with the Factfinding Commission and the EEOC, but she could not go backwards on public accommodation.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 14 of 17
City Council Agenda Packet - August 12, 2019 37 of 119
Mr. Cleworth stated he hits a block when discussing public accommodation because there are so many cases going pending in the courts. He expressed his belief that there is currently no good solution. He stated he cannot discount how anyone feels and the things he has heard. He stated he will not be able to support the bathroom accommodation and gave his reasons why. He thanked Ms. Therrien for offering to work on issues but stated he does not know how to write an ordinance that will appease both sides.
Mr. Pruhs stated the discussion should be about whether to put the issue on the ballot and, if so, in what form. He stated the issue may end up on the ballot one way or another. He stated hearing the hurt from Mr. Nevill makes the public accommodation portion difficult to deal with.
Ms. Rogers asked Mr. Pruhs if he would reconsider the number of employees in the ordinance’s definition of an employer.
Mr. Pruhs stated a vote on the issue needs to be unanimous. He stated there is a big division in the community, and he asked the Council what they should do.
Ms. Rogers quoted Mother Teresa: “If we have no peace it is because we have forgotten that we belong to each other.” She stated the Council owes it to the community to help people feel safe. She stated it is important to take care of each other.
Mayor Matherly asked whether City staff should schedule a work session on the issue.
Ms. Kun asked the Council how they felt about giving the ordinance to the FDC to work on. Mr. Pruhs replied that he would not support that. Mr. Cleworth stated the Council could set up a work session rather than discussing the issue at Council meetings or giving it to the FDC.
Ms. Rogers stated the FDC will discuss the issue, and they will likely send the Council a letter. Mr. Cleworth stated he did not see the FDC reaching out to both sides of the issue, and they did not support the religious community. Ms. Rogers stated the FDC has had many questions about its responsibilities, and it has had difficulty understanding its role is because of mixed messages from the City Council. She stated the FDC is young and is working on making change, but it takes time.
Mayor Matherly stated there are great people on the FDC, and he encouraged other Council members to attend the next meeting. He stated it is a diverse group of people who could come up with a solution to the issue of public accommodation.
Mx. Ottersten stated they have been asked by people within the community to stop pushing forward on the issue for a little while because it is causing anxiety. Mx. Ottersten stated they are currently receiving text messages asking that the Council please stop. Mx. Ottersten stated they would like to go back to the drawing board on their own and let the community heal. Mr. Pruhs concurred with Mx. Ottersten. Ms. Rogers agreed and encouraged the Council to attend the FDC meeting the following evening.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 15 of 17
City Council Agenda Packet - August 12, 2019 38 of 119
Mayor Matherly stated when the Council is ready to bring the issue back up, they can let Mr. Meeks know to start scheduling meetings.
WRITTEN COMMUNICATIONS TO COUNCIL
a) Permanent Fund Review Board Meeting Minutes of October 17, 2018
ACCEPTED on the CONSENT AGENDA.
b) Clay Street Cemetery Commission Meeting Minutes of February 6, 2019
ACCEPTED on the CONSENT AGENDA.
COUNCIL MEMBERS’ COMMENTS
Mr. Pruhs shared that his god daughter’s son won in the Denali Elementary School science fair.
Ms. Therrien stated she had no comments.
Ms. Rogers stated there is still a lot of work to be done.
Ms. Kun provided a land acknowledgement. She thanked everyone for coming and also thanked those listening at home; she stated that they are all loved. She thanked the UAF Geophysical Institute for giving her a tour and stated it was a great experience. She stated civil rights are not a negotiation tool because humans are not negotiating tools.
Mx. Ottersten stated there was already a division and that the Council has acknowledged it. They stated that continuing to work to repair it does not make the City worse. They stated they serve because they love Fairbanks, and they will continue to do so.
Mr. Cleworth spoke to the passing of former Governor Miller and stated he was a man who deserved to be recognized. Mr. Cleworth requested to be excused from the Regular City Council Meeting of March 25, 2019.
Mayor Matherly called for objection to Mr. Cleworth’s request to be excused on March 25, 2019 and, hearing none, so ORDERED.
Mr. Cleworth stated the Borough is looking at establishing a Regional Emergency Services Advisory Committee; he asked Fire Chief Styers if the City is involved. Chief Styers stated the Assembly recently held a Work Session, and they are looking at forming a committee that would oversee how fire/EMS/rescue is being handled. Mr. Cleworth gave a brief history of City and Borough discussions on the issue and where powers lie. Chief Styers stated the City needs to be involved as a voting member and that he does not know if the Borough will allow for that. He stated he is a member of the Fairbanks Emergency Planning Commission (FEPC), but it is not the same committee the Borough is discussing forming.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 16 of 17
City Council Agenda Packet - August 12, 2019 39 of 119
Mr. Pruhs, seconded by Mx. Ottersten, moved to ENTER Executive Session for the purpose of discussing Fairbanks Firefighter Union (FFU), International Brotherhood of Electrical Workers (IBEW), and AFL-CIO Labor Negotiations.
EXECUTIVE SESSION a) FFU Labor Negotiations
b) IBEW Labor Negotiations
c) AFL-CIO Labor Negotiations
The City Council met in Executive Session to discuss FFU, IBEW & AFL-CIO Labor Negotiations. Direction was given to the negotiating team, and no action was taken.
ADJOURNMENT
Ms. Kun, seconded by Ms. Therrien, moved to ADJOURN the meeting.
Mayor Matherly called for objection and, hearing none, so ORDERED.
Mayor Matherly declared the meeting adjourned at 10:56 p.m.
______JIM MATHERLY, MAYOR
ATTEST:
______D. DANYIELLE SNIDER, CMC, CITY CLERK
Transcribed by: EB
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 11, 2019 Regular Meeting Minutes Page 17 of 17
City Council Agenda Packet - August 12, 2019 40 of 119
FAIRBANKS CITY COUNCIL REGULAR MEETING MINUTES, MARCH 25, 2019 FAIRBANKS CITY COUNCIL CHAMBERS 800 CUSHMAN STREET, FAIRBANKS, ALASKA
The City Council convened at 6:30 p.m. on the above date to conduct a Regular Meeting of the Fairbanks City Council at the City Council Chambers, 800 Cushman Street, Fairbanks, Alaska, with Mayor Jim Matherly presiding and with the following Council Members in attendance:
Council Members Present: Shoshana Kun, Seat A June Rogers, Seat B Valerie Therrien, Seat C Kathryn Ottersten, Seat D David Pruhs, Seat F
Absent: Jerry Cleworth, Seat E (excused)
Also Present: Clem Clooten, Building Official Paul Ewers, City Attorney D. Danyielle Snider, City Clerk Mike Meeks, Chief of Staff Kristi Merideth, Dispatch Center Manager Angela Foster-Snow, HR Director Eric Jewkes, Police Chief Jim Styers, Fire Chief
City Clerk Snider read the Mission Statement of the City of Fairbanks.
INVOCATION
The Invocation was given by City Clerk Snider.
FLAG SALUTATION
At the request of Mayor Matherly, everyone joined in the Flag Salutation.
CITIZENS’ COMMENTS
Ed Dailey, 327 Glacier Avenue, Fairbanks – Mr. Dailey stated he would have been in weeks ago, but there was too much going on at the City at that time. He stated he would like the City to regulate the use of vehicle headlights and taillights during the winter. He asked the Council to take the residents’ safety into consideration and to mandate lights be used during winter months. He stated he contacted Scott Kawasaki, but it was suggested that he get started on the local level.
Victor Buberge, P.O. Box 58192, Fairbanks – Mr. Buberge displayed a Fairbanks Police Department (FPD) Operations Manual and stated he would like a copy of the most current
City Council Agenda Packet - August 12, 2019 41 of 119
manual. He stated the LGBTQ folks are not as discriminated against as the Indians and Eskimos and compared the City of Fairbanks to the Wild West. He stated that FPD has never had an Indian or Eskimo police officer and questioned why it is so difficult to become an FPD officer.
Sam Hachey, Fairbanks – Mr. Hachey spoke in favor of onsite consumption in the City and spoke to ventilation for a smoking room. He thanked the Council for listening to his concerns.
Frank Turney, 1434 Lacey Street, Fairbanks – Mr. Turney stated he had never heard anything bad about The Big I before a Council member had horrible things to say about the establishment. He stated he supports onsite consumption of cannabis. He stated a tour bus would be good for travelling to and from retail locations.
John Jackovich, 122 N. Turner Street, Fairbanks – Mr. Jackovich stated he is back for retribution because after he left the last meeting, he heard some comments made that were concerning to him. He stated that many of the things listed on the REDDI report are not related to his liquor license, and nobody should be making slanderous comments about his establishment.
Carla Mangum, Fairbanks – Ms. Mangum stated The Venue applied for a liquor license, and she believes the call report from FPD caused her location to be looked at in a negative way.
Hearing no more requests for Citizens’ Comments, Mayor Matherly declared comments closed.
APPROVAL OF AGENDA AND CONSENT AGENDA
Mx. Ottersten, seconded by Ms. Kun, moved to APPROVE the Agenda and Consent Agenda.
Mayor Matherly pulled Resolution No. 4872 from the Consent Agenda.
Mr. Pruhs pulled Ordinance No. 6098 and Ordinance No. 6101 from the Consent Agenda.
Mayor Matherly called for objection and, hearing none, so ORDERED.
City Clerk Snider read the Consent Agenda, as Amended, into the record.
APPROVAL OF PREVIOUS MINUTES
a) Regular Meeting Minutes of October 8, 2018
APPROVED on the CONSENT AGENDA.
SPECIAL ORDERS
a) The Fairbanks City Council heard interested citizens concerned with the following Liquor License Applications for Renewal:
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 2 of 9
City Council Agenda Packet - August 12, 2019 42 of 119
Lic. # DBA License Type Licensee Premises Address Beverage 4547 No DBA North Star Dining, LLC No Premises Dispensary Beverage 4504 Gold Rush Deli Upriver, Inc. 3399 Peger Road, #C Dispensary Beverage Restaurant Concepts, 4845 Brewsters 354 Old Steese Highway Dispensary LLC Wholesale – K & L Beverage 3965 K & L Beverage Company 945 Elizabeth Street General Company, LLC
Ms. Therrien, seconded by Ms. Kun, moved to WAIVE PROTEST on the Liquor License Applications for Renewal.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON THE LIQUOR LICENSE APPLICATIONS FOR RENEWAL AS FOLLOWS:
YEAS: Pruhs, Therrien, Kun, Ottersten, Rogers NAYS: None ABSENT: Cleworth Mayor Matherly declared the MOTION CARRIED.
MAYOR’S COMMENTS AND REPORT
Mayor Matherly stated that the call-out reports included with liquor license renewals do not reflect on business owners; he stated it is not often that the Council votes against a license and thanked Mr. Jackovich for bringing his concerns to the Council. He stated the Police Chief addresses issues on a case-by-case basis, and they all want businesses to thrive. He thanked everyone for attending the City Council meeting and offered prayers for the Cleworth family. a) Special Reports
Helen Renfrew, Explore Fairbanks – Ms. Renfrew reported on the activities Explore Fairbanks has been involved with over the past year. She thanked Mayor Matherly for helping at the Golden Heart Volunteer event. She spoke to upcoming meetings that will occur within the next year in Fairbanks. She spoke about Fairbanks hosting hockey championships in 2020 and 2021, and she thanked the Council for reinvesting bed tax dollars into destination marketing.
COUNCIL MEMBERS’ COMMENTS
Mx. Ottersten stated Ordinance No. 6093 included all Native Alaskans and stated that the Police Department has discussed the lack Native Alaskan applicants for police officer positions.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 3 of 9
City Council Agenda Packet - August 12, 2019 43 of 119
Mr. Pruhs thanked Mr. Jackovich for testifying and for being involved in the process. He commended Ms. Mangum on her business and for trying to revitalize Downtown Fairbanks. He stated the Transit Center has a security guard to increase security of the downtown area.
Ms. Therrien stated when she gets the public safety report for each license she understands some of the issues are not reflective of the ownership of the business.
Ms. Rogers agreed with Mr. Pruhs and Ms. Therrien in regard to FPD call-out reports and stated it is better to have the information because it never used to be included in the agenda packet.
Ms. Kun thanked Mr. Jackovich for attending the meeting and stated she would like to speak further with him about public concerns. She thanked everyone for testifying and sharing their concerns. She stated she enjoys The Venue and that is where she held campaign meetings.
UNFINISHED BUSINESS
a) Ordinance No. 6097 – An Ordinance Ratifying a Collective Bargaining Agreement Between the City of Fairbanks and the Public Safety Employees Association. Introduced by Mayor Matherly. SECOND READING AND PUBLIC HEARING.
Ms. Therrien, seconded by Mx. Ottersten, moved to ADOPT Ordinance No. 6097.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
Mr. Pruhs, seconded by Mx. Ottersten, moved to REOPEN public comment.
Mayor Matherly called for objection, and hearing none, so ORDERED.
Frank Turney, 1434 Lacey Street, Fairbanks – Mr. Turney stated he would like to see transparency because there is too much nepotism in the Police Department. He spoke to problems that nepotism creates with awkward interactions between employees.
Hearing no more requests for comments, Mayor Matherly declared Public Testimony closed.
Chief of Staff Mike Meeks stated he is available for any questions.
Mr. Pruhs stated he understood that the labor contract would be funded through a reduction of FPD personnel from 47 to 43 officers, and he did not see that reflected in the ordinance. Chief Financial Officer Carmen Randle stated she did not receive formal direction to remove the positions from the budget. Mr. Meeks stated that his understanding of the Council’s direction was to leave the four positions unfilled in 2019. Mr. Pruhs stated the intent was to fund the labor contract by non-funding the four positions in the 2019 budget; he stated the positions should be removed from the budget. He requested that the discussion be brought up at the next Finance Committee Meeting. Mr. Meeks clarified that the intent is for the positions to be non-
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 4 of 9
City Council Agenda Packet - August 12, 2019 44 of 119
funded but still on the books. Mr. Pruhs confirmed that the funding should be reduced from the amount required to fund 47 officers to the amount required to fund 43 officers.
Ms. Therrien stated she recalls the conversation about 2019 non-funding, but she does not recall a budget amendment being discussed.
Mr. Pruhs thanked Chief Jewkes for the work he has put into PSEA labor negotiations.
Ms. Therrien stated this is an important issue to her and that one of her goals as a Council member was to get the Police Department a contract.
Chief Jewkes thanked everyone involved in the negotiation of the contract. Ms. Foster-Snow recognized former Dispatch Manager Stephanie Johnson for her work on the contract.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6097 AS FOLLOWS:
YEAS: Therrien, Rogers, Pruhs, Ottersten, Kun NAYS: None ABSENT: Cleworth Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6097 ADOPTED.
NEW BUSINESS
a) Resolution No. 4870 – A Resolution Requesting the State Legislature to Support Alaska Pioneer Homes, Educational Funding, and the University of Alaska in Its FY2020 Budget. Introduced by Mayor Matherly and Council Members Therrien, Kun, Rogers, and Pruhs.
PASSED and APPROVED on the CONSENT AGENDA.
b) Resolution No. 4871 – A Resolution Approving a Four-Year Extension of the Lease with the Yukon Quest International, Ltd., for Lots 1 and 2, Block 4, Fairbanks Townsite. Introduced by Mayor Matherly.
PASSED and APPROVED on the CONSENT AGENDA. c) Resolution No. 4872 – A Resolution Clarifying the Contract Award for an Aerial Platform Fire Apparatus. Introduced by Mayor Matherly.
Ms. Therrien, seconded by Mr. Pruhs, moved to APPROVE Resolution No. 4872.
Ms. Therrien, seconded by Mx. Ottersten, moved to SUBSTITUTE Resolution No. 4872, as Amended, for Resolution No. 4872.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 5 of 9
City Council Agenda Packet - August 12, 2019 45 of 119
Mayor Matherly called for objection, and hearing none, so ORDERED.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO APPROVE RESOLUTION NO. 4872, AS AMENDED, AS FOLLOWS:
YEAS: Rogers, Ottersten, Therrien, Pruhs, Kun NAYS: None ABSENT: Cleworth Mayor Matherly declared the MOTION CARRIED and Resolution No. 4872, as Amended, APPROVED. d) Resolution No. 4873 – A Resolution Authorizing the City of Fairbanks to Accept Funds from the Alaska Municipal League Ballistic Vest Reimbursement Program. Introduced by Mayor Matherly.
PASSED and APPROVED on the CONSENT AGENDA. e) Ordinance No. 6098 – An Ordinance Amending the 2019 Operating and Capital Budgets for the First Time. Introduced by Mayor Matherly.
Ms. Kun, seconded by Mx. Ottersten, moved to ADVANCE Ordinance No. 6098.
Mayor Matherly stated that Mr. Pruhs pulled the item from the Consent Agenda and asked if he still had issues to address. Mr. Pruhs replied that the concerns were cleared up with the earlier discussion about the PSEA contract.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADVANCE ORDINANCE NO. 6098 AS FOLLOWS:
YEAS: Pruhs, Rogers, Kun, Ottersten, Therrien NAYS: None ABSENT: Cleworth Mayor Matherly declared the MOTION CARRIED. f) Ordinance No. 6099 – An Ordinance Amending the 2015 City of Fairbanks Administrative Code, Table 3-A Building Permit Fees, to Add Fees for Review of Fire Plans, Exterior Accessibility, and Change in Occupancy. Introduced by Mayor Matherly.
ADVANCED on the CONSENT AGENDA. g) Ordinance No. 6100 – An Ordinance Amending the Additional Responsibilities of the Chena Riverfront Commission to Match the Amendments Made by the Borough Assembly. Introduced by Mayor Matherly.
ADVANCED on the CONSENT AGENDA.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 6 of 9
City Council Agenda Packet - August 12, 2019 46 of 119
h) Ordinance No. 6101 – An Ordinance Amending FGC Sec. 14-213, Restrictions on Marijuana Establishments, to Allow Onsite Consumption in Accordance with State Law. Introduced by Council Member Kun.
Ms. Kun, seconded by Mx. Ottersten, moved to ADVANCE Ordinance No. 6101.
Mr. Pruhs requested a Work Session on the ordinance before it goes to a vote.
Ms. Kun stated she does not think that a Work Session is necessary because all the ordinance will do is state that state law must be followed.
Mr. Pruhs stated he would like to hold a Work Session to include the Building Department and discussion on City building codes. He stated he does not want to delay the issue but that he would like to have a Work Session to ensure everything advances in the right direction. Mx. Ottersten stated they support a Work Session, but they do not want to delay the ordinance. Ms. Rogers stated she supports a Work Session, and the Council should take the issue very seriously. Ms. Therrien stated she would like to hold a Work Session because it will change the Council’s decision on smoking indoors within the City.
Mx. Ottersten requested to be added as a sponsor of the ordinance.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADVANCE ORDINANCE NO. 6101 AS FOLLOWS:
YEAS: Pruhs, Therrien, Kun, Ottersten, Rogers NAYS: None ABSENT: Cleworth Mayor Matherly declared the MOTION CARRIED.
DISCUSSION ITEMS
a) Committee Reports
Legislative Committee – Ms. Therrien stated the Committee met and discussed the state budget and was warned of pending budget cuts. She stated she attended a meeting where she represented the City and spoke against budget cuts to education and senior care. She stated there will probably be a lower Permanent Fund Dividend (PFD) and that the Governor would likely veto any taxes brought forward to increase revenue.
Sister City Committee – Ms. Rogers stated the Fanano hockey tournament will not be taking place this year, but they are hoping for one in the future. She spoke to the many meetings she attended since the last Council meeting. She stated that suicides rate in the community is a significant issue that needs to be discussed. She stated she went to the Fire Training Center earlier in the day and met with City staff to better understand fire safety.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 7 of 9
City Council Agenda Packet - August 12, 2019 47 of 119
WRITTEN COMMUNICATIONS TO COUNCIL a) Board of Plumber Examiner Meeting Minutes of December 18, 2018
ACCEPTED on the CONSENT AGENDA. b) Fairbanks Diversity Council Meeting Minutes of February 12, 2019
ACCEPTED on the CONSENT AGENDA. c) Memorandum Regarding Procedures for Citizens’ Comments
ACCEPTED on the CONSENT AGENDA.
COUNCIL MEMBERS’ COMMENTS
Mr. Pruhs thanked the Council for passing Resolution No. 4870 and for the work Ms. Rogers and Ms. Therrien put into it.
Mx. Ottersten stated they would like to see Public Works out chipping away at the storm drains and getting them ready for drainage.
Ms. Kun gave a land acknowledgement. She thanked the Public Works Department for picking up all the trash throughout the City. She thanked Mr. Ewers for all the work he does for the Council that may not receive acknowledgement.
Ms. Rogers thanked the Public Works crews for keeping the streets clear. She thanked Chief Jewkes for his service to the community during his years at FPD. She stated she has chatted with him many times, and she is always amazed at his studied responses. She stated she is happy he will continue to reside in Fairbanks.
Ms. Therrien stated her grandchild attends Barnette School, and she asked why the stoplight is always blinking. Mr. Meeks stated the City has already addressed the issue.
Mr. Pruhs, seconded by Mx. Ottersten, moved to ENTER Executive Session for the purpose of discussing the Roberts v. City of Fairbanks, AMLJIA Coverage Appeal; Fairbanks Firefighter Union (FFU) labor negotiations and International Brotherhood of Electrical Workers (IBEW) labor negotiations.
Mayor Matherly called for objection and, hearing none, so ORDERED.
Mayor Matherly called for a brief recess. The Council reconvened in Executive Session following the brief recess.
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 8 of 9
City Council Agenda Packet - August 12, 2019 48 of 119
EXECUTIVE SESSION
a) Roberts v. City of Fairbanks, AMLJIA Coverage Appeal
b) FFU Labor Negotiations
c) IBEW Labor Negotiations
The City Council met in Executive Session to discuss Roberts v. City of Fairbanks, AMLJIA Coverage Appeal and FFU and IBEW Labor Negotiations.. Direction was given to legal counsel and the negotiating teams, respectively, and no action was taken.
ADJOURNMENT
Mr. Pruhs, seconded by Ms. Kun, moved to ADJOURN the meeting.
Mayor Matherly called for objection and, hearing none, so ORDERED.
Mayor Matherly declared the meeting adjourned at 8:37 p.m.
______JIM MATHERLY, MAYOR
ATTEST:
______D. DANYIELLE SNIDER, CMC, CITY CLERK
Transcribed by: EB
City of Fairbanks NOT A VERBATIM TRANSCRIPT March 25, 2019 Regular Meeting Minutes Page 9 of 9
City Council Agenda Packet - August 12, 2019 49 of 119
FAIRBANKS CITY COUNCIL REGULAR MEETING MINUTES, APRIL 8, 2019 FAIRBANKS CITY COUNCIL CHAMBERS 800 CUSHMAN STREET, FAIRBANKS, ALASKA
The City Council convened at 6:30 p.m. on the above date, following a 5:30 p.m. Work Session on Employee Life Insurance Options, to conduct a Regular Meeting of the Fairbanks City Council at the City Council Chambers, 800 Cushman Street, Fairbanks, Alaska, with Mayor Jim Matherly presiding and with the following Council Members in attendance:
Council Members Present: Shoshana Kun, Seat A June Rogers, Seat B Valerie Therrien, Seat C Kathryn Ottersten, Seat D Jerry Cleworth, Seat E David Pruhs, Seat F
Absent: None
Also Present: Paul Ewers, City Attorney D. Danyielle Snider, City Clerk Jeff Jacobson, Public Works Director Mike Meeks, Chief of Staff Kristi Merideth, Dispatch Manager Carmen Randle, Chief Financial Officer Dan Welborn, Deputy Police Chief Bob Pristash, City Engineer Jim Styers, Fire Chief
City Clerk Danyielle Snider read the Mission Statement of the City of Fairbanks.
INVOCATION
The Invocation was given by City Clerk Snider.
FLAG SALUTATION
At the request of Mayor Matherly everyone joined in the Flag Salutation.
CITIZENS’ COMMENTS
Frank Turney, 1434 Lacey Street, #B, Fairbanks – Mr. Turney spoke of the ambush made on Sgt. Brandt in 2016 and stated that he attended the jury trial. He stated he hopes the conviction of the murderer gives closure to the family. He asked what happened to Chief Aragon’s efforts to build relationships with the Black and Native communities. He stated he has never seen a judge allow uniformed and armed officers to stand in the gallery at a trial as they were at the recent trial.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 1 of 16
City Council Agenda Packet - August 12, 2019 50 of 119
Victor Buberge, PO Box 58192, Fairbanks – Mr. Buberge hypothetically stated he was thinking about becoming a woman and that he would like to change his race and nationality at the same time. He stated he would like to become 50% Black and 50% Mexican just in case reparations are granted. He stated that if he is Mexican he will get all the medical and welfare benefits. He stated the public needs to know whether race could be changed along with gender before passing an equal rights ordinance. Mr. Buberge stated he has noticed a lot of potholes since the snow has begun melting; he stated the Southside is awful and full of potholes. He stated there is good weather now and suggested Public Works not use the temporary patch material that lasts only a short time. He asked whether non-permanent repair of potholes is for job security purposes. He stated the police should notate bad potholes as they patrol around the City, but they would probably make up some excuse why their union would not let them do so.
Jeremiah Youmans, 1354 Warner Road, North Pole – Mr. Youmans stated the Council members who do not want to listen to comments from people that live outside City limits can stop listening to him. He thanked the Council for the proclamation for Blue and Gold Day and for supporting the University. He spoke of the equal rights ordinance and the subsequent veto and shared that his wife twice scheduled to meet with Council members, and both meetings were canceled. He suggested they did not get a call back because they do not live within City limits.
Rick Hinkey, 1001 Lathrop Street, Fairbanks – Mr. Hinkey stated he lives and works in downtown Fairbanks, and he supports smoke-free laws in Alaska. He thanked the Council for supporting smoke-free laws and stated he hears from people often about not being exposed to secondhand smoke in the workplace.
Blake Burley, Fairbanks – Mr. Burley reminded the Council that they have to answer to the people, but they also have to answer to the power of Almighty God. He read from the Bible. He stated that in order to have a flourishing City, there must be a moral community.
Mike Prax, 1015 Meadow Rue Avenue, North Pole – Mr. Prax stated he would like to ask residents to clean up their yards and think about wildfires, even in town.
Julie Smyth, Fairbanks – Ms. Smyth spoke to a letter to the editor that was published in the News Miner about the Gayest Bash Ever. She stated the Bible supports slavery and the owning of women and children; she asked the Council to find their morals somewhere else. She asked the Council to use their own morals and not the Bible when deciding how to treat City residents.
Yonni Fisher, Fairbanks – Ms. Fisher stated she read Karl Sapp’s letter to the editor, and she does not believe people going through a gender reassignment surgery take it lightly. She stated there is a lot of counseling required and a great deal of physical and emotional pain involved. She stated there are babies born with both sex organs and asked who determines their sex. She stated she is tired of everyone’s stupidity and willful ignorance when they make statements about choosing to be another race or gender. She stated people are born the way they are.
Hearing no more requests for comment, Mayor Matherly declared Citizens’ Comments closed.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 2 of 16
City Council Agenda Packet - August 12, 2019 51 of 119
APPROVAL OF AGENDA AND CONSENT AGENDA
Mx. Ottersten, seconded by Ms. Therrien, moved to APPROVE the Agenda and Consent Agenda.
Mr. Cleworth pulled Ordinance No. 6102 from the Consent Agenda.
Mayor Matherly called for objection and, hearing none, so ORDERED.
City Clerk Snider read the Consent Agenda, as Amended, into the record.
APPROVAL OF PREVIOUS MINUTES
a) Regular Meeting Minutes of October 22, 2018
APPROVED on the CONSENT AGENDA.
b) Regular Meeting Minutes of November 5, 2018
APPROVED on the CONSENT AGENDA.
c) Regular Meeting Minutes of November 19, 2019
APPROVED on the CONSENT AGENDA.
SPECIAL ORDERS
a) The Fairbanks City Council heard interested citizens concerned with the following Liquor License Applications for Renewal:
Lic. # DBA License Type Licensee Premises Address
3282 Sam’s Club #6603 Package Store Sam’s West, Inc. 48 College Road
Restaurant/ 3467 Lin’s Asian Bistro Lin’s Panda Garden, Inc. 1900 Airport Way Eating Place Restaurant/ 3050 Gambardella’s Pasta Bella Gambardella’s II, Inc. No Premises Eating Place Beverage 636 28th Avenue 2124 McCoy’s on 28th 636, LLC Dispensary (upstairs)
Ms. Kun, seconded by Ms. Therrien, moved to WAIVE PROTEST on all the Liquor License Applications for renewal, with the exception of Lin’s Asian Bistro.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON ALL THE LIQUOR LICENSE APPLICATIONS FOR RENEWAL, WITH THE EXCEPTION OF LIN’S ASIAN BISTRO AS FOLLOWS:
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 3 of 16
City Council Agenda Packet - August 12, 2019 52 of 119
YEAS: Therrien, Rogers, Pruhs, Ottersten, Kun, Cleworth NAYS: None Mayor Matherly declared the MOTION CARRIED.
Mr. Pruhs, seconded by Ms. Kun, moved to PROTEST the Lin’s Asian Bistro Liquor License Application for renewal pending completion of a fire inspection.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
Mayor Matherly asked Fire Chief Jim Styers to come forward for a staff report. Chief Styers stated the Fire Department has not done a final inspection yet and that there are some violations that need to be addressed before it is signed off. Chief Styers stated he did not anticipate a long- term protest, they just need to schedule and preform the inspection.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO PROTEST THE LIN’S ASIAN BISTRO LIQUOR LICENSE APPLICATION FOR RENEWAL PENDING COMPLETION OF A FIRE INSPECTION AS FOLLOWS:
YEAS: Ottersten, Cleworth, Rogers, Kun, Therrien, Pruhs NAYS: None Mayor Matherly declared the MOTION CARRIED.
b) The Fairbanks City Council heard interested citizens concerned with the following application for a New Brewpub Liquor License:
Type: Brewpub, License #5764 DBA: Midnite Mine Brewing Company Applicant: Midnight Mine, LLC Address: 308 Wendell Avenue, Fairbanks, Alaska
Mr. Pruhs, seconded by Mx. Ottersten, moved to WAIVE PROTEST on the New Brewpub Liquor License.
Mayor Matherly called for Public Testimony.
Sharon Mensik, 308 Wendell Avenue, Fairbanks – Ms. Mensik stated the reason the license was not issued after the Council considered the license previously is because the Borough did not lift its protest following the inspections of the location. She stated the process had to begin again.
Mr. Pruhs congratulated Ms. Mensik for persevering in a difficult process. Ms. Rogers thanked Ms. Mensik for attending and informing the Council of the progress.
Hearing no more requests for comment, Mayor Matherly declared Public Testimony closed.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 4 of 16
City Council Agenda Packet - August 12, 2019 53 of 119
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON THE NEW BREWPUB LIQUOR LICENSE AS FOLLOWS:
YEAS: Rogers, Ottersten, Therrien, Pruhs, Cleworth, Kun NAYS: None Mayor Matherly declared the MOTION CARRIED.
c) The Fairbanks City Council heard interested citizens concerned with the following application for a New Theatre Liquor License:
Type: Theatre, License #5756 DBA: Fairbanks Drama Association & Fairbanks Children’s Theatre Applicant: Delta Epsilon, Inc. Address: 1852 Second Avenue, Fairbanks, Alaska
Mr. Pruhs, seconded by Ms. Kun, moved to WAIVE PROTEST on the application for a New Theater Liquor License.
Mayor Matherly called for Public Testimony.
Steve Mitchell, Fairbanks – Mr. Mitchell stated he has lived in Graehl Subdivision since 1981, and he gave many thanks to Delta Epsilon, Inc. for enabling the theatre have a cocktail hour before the show and during a short intermission. He promised there would be no increased crime or criminal behavior because of the license and that having a license would save the theatre a lot of money in permit fees. He thanked the applicants for their support of the community theatre.
Ms. Kun asked what is playing at the theater; Mr. Mitchell stated they have extended the production of “Nunsense” for one more weekend, and there are many activities for the summer.
Hearing no more requests for comment, Mayor Matherly declared Public Testimony closed.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO WAIVE PROTEST ON APPLICATION FOR A THE NEW THEATER LIQUOR LICENSE AS FOLLOWS:
YEAS: Kun, Ottersten, Therrien, Pruhs, Cleworth, Rogers NAYS: None Mayor Matherly declared the MOTION CARRIED.
MAYOR’S COMMENTS AND REPORT
Mayor Matherly stated that the Sgt. Brandt shooting happened when he was beginning his term as Mayor, and although nothing can bring him back, he is pleased with the verdict. Mayor Matherly stated that one of his goals with the next Chief of Police is to go back to community policing. He congratulated Public Works for their swift transition from winter to spring and shared that they will be doing road striping also.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 5 of 16
City Council Agenda Packet - August 12, 2019 54 of 119
COUNCIL MEMBERS’ COMMENTS
Mx. Ottersten stated they had no comments.
Mr. Cleworth stated the reason Public Works does temporary patching in the spring is because the hot mix plant is not operational yet. He asked Public Works Director Jeff Jacobson to address the issue of temporary patches. Mr. Jacobson stated the hot mix batch plant is not operational until May each year.
Mr. Pruhs stated he had no comments.
Ms. Therrien stated the comments about Mexicans and welfare benefits was inappropriate.
Ms. Rogers stated she had no comments.
Ms. Kun gave a land acknowledgement.
UNFINISHED BUSINESS
a) Ordinance No. 6098 – An Ordinance Amending the 2019 Operating and Capital Budgets for the First Time. Introduced by Mayor Matherly. SECOND READING AND PUBLIC HEARING.
Mr. Pruhs, seconded by Ms. Therrien, moved to ADOPT Ordinance No. 6098.
Mr. Pruhs, seconded by Ms. Therrien, moved to SUBSTITUTE Ordinance No. 6098, as Amended, for Ordinance No. 6098.
Mayor Matherly called for objection and, hearing none, declared the MOTION CARRIED.
Mayor Matherly called for Public Testimony.
David van den Berg, 542 4th Avenue, Fairbanks – Mr. van den Berg stated the two most important things in the ordinance to the Downtown Association is signage/street striping and an additional foot patrol officer. He stated there is a strong emphasis on having more eyes and ears on the street.
Hearing no more requests for comment, Mayor Matherly declared Public Testimony closed.
Mr. Cleworth stated it is imperative that the diagonals on 2nd Avenue get painted and wanted to ensure that is included in the budget. He asked City Engineer Bob Pristash to address the issue; Mr. Pristash stated it is not included, but it could be included in a change order.
Mr. Cleworth, seconded by Ms. Rogers, moved to AMEND Ordinance No. 6098 by increasing the Public Works striping budget from $100,000 to $103,000.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 6 of 16
City Council Agenda Packet - August 12, 2019 55 of 119
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND ORDINANCE NO. 6098 BY INCREASING THE PUBLIC WORKS STRIPING BUDGET FROM $100,000 TO $103,000 AS FOLLOWS:
YEAS: Therrien, Rogers, Pruhs, Ottersten, Kun, Cleworth NAYS: None Mayor Matherly declared the MOTION CARRIED.
Mr. Cleworth stated it is not logical to drop four positions at the Police Department and fund four extra firefighters. He spoke to the City’s Capital Fund and stated now that state funds are drying up, the only source of funding for capital projects is to transfer from the General Fund. He commended the Mayor and Council for the $2 million transfer to the Capital Fund in the budget amendment.
Chief Financial Officer Carmen Randle pointed out another change in the Capital budget in the ordinance; she stated that Public Works is requesting funds to purchase two dump trucks.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6098, AS AMENDED, AS FOLLOWS:
YEAS: Cleworth, Pruhs, Rogers, Kun, Ottersten, Therrien NAYS: None Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6098, as Amended, ADOPTED. b) Ordinance No. 6099 – An Ordinance Amending the 2015 City of Fairbanks Administrative Code, Table 3-A Building Permit Fees, to Add Fees for Review of Fire Plans, Exterior Accessibility, and Change in Occupancy. Introduced by Mayor Matherly. SECOND READING AND PUBLIC HEARING.
Ms. Therrien, seconded by Ms. Kun, moved to ADOPT Ordinance No. 6099.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6099 AS FOLLOWS:
YEAS: Ottersten, Cleworth, Rogers, Kun, Therrien, Pruhs NAYS: None Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6099 ADOPTED. c) Ordinance No. 6100 – An Ordinance Amending the Additional Responsibilities of the Chena Riverfront Commission to Match the Amendments Made by the Borough Assembly. Introduced by Mayor Matherly. SECOND READING AND PUBLIC HEARING.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 7 of 16
City Council Agenda Packet - August 12, 2019 56 of 119
Mx. Ottersten, seconded by Ms. Rogers, moved to ADOPT Ordinance No. 6100.
Mayor Matherly called for Public Testimony and, hearing none, declared Public Testimony closed.
Mr. Cleworth stated he only hesitates to support the ordinance because it seems to be adding a layer of bureaucracy for folks to have to work through.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADOPT ORDINANCE NO. 6100 AS FOLLOWS:
YEAS: Rogers, Ottersten, Therrien, Pruhs, Cleworth NAYS: Kun Mayor Matherly declared the MOTION CARRIED and Ordinance No. 6100 ADOPTED. d) Ordinance No. 6101 – An Ordinance Amending FGC Sec. 14-213, Restrictions on Marijuana Establishments, to Allow Onsite Consumption in Accordance with State Law. Introduced by Council Members Kun and Ottersten. SECOND READING AND PUBLIC HEARING.
Mx. Ottersten, seconded by Ms. Kun, moved to ADOPT Ordinance No. 6101.
Frank Turney, Fairbanks – Mr. Turney stated he is in favor of onsite consumption of cannabis. He stated Police Chief Jewkes stated there would need to be more police on the streets if consumption is legalized; Mr. Turney stated Chief Jewkes is part of the “reefer madness”. He stated there has been no massive increase in crime since the legalization of cannabis. Mr. Turney stated Officer Dupee stated that 80% of DUI defendants are on something other than alcohol. Mr. Turney stated there is no scientific proof that airborne cannabis causes ill effects on anyone.
Rich Eide, 1310 Roma Street, Fairbanks – Mr. Eide stated he testified a few years ago as part of the “Safe Neighborhoods” group. He stated he recalls the pot industry telling folks that it is just to take home and relax, but now it has progressed into onsite consumption being legalized. He stated it is a slow progression, and there is no moral standard to slow it down. He suggested the City of Fairbanks become the pot capital and solve all of its financial problems by selling pot to the entire world. He spoke against immersing youth into pot culture.
Mike Dubowski, 5751 Old Valdez Trail, Salcha – Mr. Dubowski stated he supports cannabis cafés, and the City should get in on it in order to regulate it. He stated the City would gain revenue from all the consumers. He stated it is fiscally a good idea for the City to approve onsite consumption. He stated he did not want the thieves in Juneau taking his Permanent Fund Dividend (PFD) but that he is willing to pay tax on something that he uses.
Lance Roberts, PO Box 83449, Fairbanks – Mr. Roberts stated there will be no additional tax revenue if the ordinance if passed; he stated it would only allow consumption in designated areas. He stated he had a medical procedure done, and he thought he was ready to drive
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 8 of 16
City Council Agenda Packet - August 12, 2019 57 of 119
afterwards, but he was on anesthesia and could not drive for 24-hours. He stated precautions must be taken and that a smoke-free workplace and onsite consumption are contradictory issues. He stated designated drivers cannot hang out in a room full of marijuana smoke and cautioned the Council to not support the ordinance.
Caleb Szklarz, 1506 Davison Street, North Pole – Mr. Szklarz encouraged the Council to vote against the ordinance. He stated the Chief of Police explained recently that the City does not have the public safety resources to be a test case for onsite consumption. Mr. Szklarz stated a designated driver for a marijuana consumer would be impaired after being in a room full of marijuana smoke. He stated it can take hours to get a person’s blood drawn, and by the time they get tested the active ingredient is no longer present. He stated his friend lives next to a marijuana establishment and does not want it to have onsite consumption; he asked whether people could appeal to the Marijuana Control Board (MCB).
Jeremiah Youmans, 1354 Warner Road, North Pole – Mr. Youmans stated he supports Ordinance No. 6101. He stated he finds it ironic that the same people who opposed human rights a few months ago are now testifying against the onsite consumption ordinance. Mr. Youmans stated those people demanded that they have free will to discriminate, and now they want the state to regulate marijuana establishments. He stated secondhand smoke is not healthy, but there are other edible options. He stated bud tenders will need to be trained to serve people the same way bartenders are trained. He encouraged the Council to approve the ordinance.
Frank Berardi, Fairbanks – Mr. Berardi spoke in support of onsite consumption and to the statistics Officer Dupee spoke of at another meeting. He reported that there was not an increase in DUI incidents when the smoking lounge, The Higher Calling, was in business. He stated he emailed the Council statistical information regarding traffic safety and legalized marijuana. He stated that there was a City employee who received a DUI as a result of taking a Xanax. He stated that police warned about crime when marijuana was legalized, and the crime never came.
Christine Robbins, Fairbanks – Ms. Robbins stated she is opposed to the ordinance because onsite consumption is a community safety issue. She stated there is no way for police to roadside test for marijuana consumption. She stated there is no way for a designated driver because marijuana smoke will cause intoxication of everyone in the vicinity.
Alex Jafre, 3235 College Road, Fairbanks – Mr. Jafre stated he sees a massive amount of hypocrisy in the ordinance because of the smoke-free legislation in the state. He stated he never wants to be around marijuana smoke because he is allergic, and it may make him sick. He stated the Council needs to think about the danger they will be subjecting citizens to by allowing onsite consumption. He stated a joint is an instant intoxicant and should not be consumed publicly.
Blake Burley, Fairbanks – Mr. Burley spoke against onsite consumption and shared some statistics he found on the internet. He stated allowing onsite consumption is foolish and a detriment to the City. He stated federal employees are not allowed to use marijuana, and that is a large sector of the community. He stated it is foolish to encourage intoxicated driving by allowing onsite consumption.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 9 of 16
City Council Agenda Packet - August 12, 2019 58 of 119
Annie Armstrong, 1023 Smythe Street, Fairbanks – Ms. Armstrong stated smoking in public places will be dangerous to all people. She spoke negatively about the effects of marijuana and shared her concern for people being high and falling asleep all over the place. She stated onsite consumption will be a community nuisance. She stated marijuana is a mind-altering drug being put into brownies, cookies, and cakes, so you never know what level you are consuming.
Mark Zweifel, 2711 Ruby Street, Fairbanks – Mr. Zweifel spoke in opposition to the ordinance because there is not enough manpower on the police force. He asked the Council to hear what the police force has to say about onsite consumption being a public nuisance. He stated he can go to a liquor store, but he cannot consume alcohol there. He added that it should be the same at a retail marijuana stores.
Victor Buberge, PO Box 58192, Fairbanks – Mr. Buberge stated he smoked marijuana for about 40 years until he was in a house fire; he stated he has not smoked a day since. He stated he operated boats, cars, and heavy equipment while under the influence of marijuana and never had an accident related to smoking marijuana. He stated he is going to try CBD oil for pain.
Keenan Hollister, 1138 Coppet Street, Fairbanks – Mr. Hollister stated he is the owner of Pakalolo Supply Company, and he is tired of being treated like a second-class citizen because he grows, sells, and consumes marijuana. He stated the Council should not take a moral standpoint on the law, and he asked them to move forward in a progressive direction.
Mx. Ottersten asked Mr. Hollister if he would make money by allowing onsite consumption; Mr. Hollister stated it would be similar to serving alcohol at a bar. He stated people can call cabs, use bike paths, and take walks to get to a legal consumption site.
Dan Peters, 2604 Davis Road, Fairbanks – Mr. Peters asked the Council to vote yes on Ordinance No. 6101. He acknowledged that marijuana is federally illegal but stated that the City can see that in the time marijuana has been legal there has been no big increase in crime. He stated he would be happy to help the Council determine how best to make it work. He stated people are driving and consuming marijuana every day and that this is a history-making moment.
Shaun Tacke, 4720 Drake Street, Fairbanks – Mr. Tacke spoke in support of onsite consumption and asked the Council to join the state by allowing it. He stated people consume marijuana and drive all the time, and the sky has not yet fallen. He stated there is not a huge alteration to behavior when people consume a small amount of marijuana. He stated he met with Building Official Clem Clooten who told him ventilation would not be hard to implement. He stated the people who are against the ordinance are the same folks who want nothing to do with marijuana.
Ms. Therrien asked whether onsite consumption would be something his business would be interested in if the ordinance passed. Mr. Tacke stated it is something he will be looking into.
Pearson Crosby, 4720 Drake Street, Fairbanks – Mr. Crosby stated it is impractical to legalize cannabis then give no public venue where it can be consumed. He asked if anyone on the Council was a medical doctor and spoke about people with anxiety needing cannabis. He stated using cannabis is an enlightening experience, and he does not see people becoming violent after
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 10 of 16
City Council Agenda Packet - August 12, 2019 59 of 119
smoking a joint. He spoke to the positive effects of cannabis and asked that onsite consumption be allowed in a regulated environment.
Brandon Emmett, 1299 Lowbush Lane, Fairbanks – Mr. Emmett spoke in support of Ordinance No. 6101 and stated there is too much misinformation surrounding marijuana consumption. He stated the intent is to have consumption sites designed like alcohol tasting rooms. He stated the notion that one puff of marijuana will make someone a degenerate is simply nonsense. He stated he was a paramedic for 10 years, and he did not see the huge public safety issues that the police have warned about.
Mr. Pruhs asked if onsite consumption is needed for a retail marijuana store to be successful. Mr. Emmett stated it would depend on the location of the business. He stated it would be irresponsible not to try to capture as much marijuana revenue as possible given the fiscal affairs of the state. Mr. Pruhs asked why the Council should vote to allow for onsite consumption while smoking a cigarette indoors is illegal. Mr. Emmett stated the state has designed a very specific set of regulations with specific exemptions for marijuana consumption.
Mx. Ottersten asked about the effects of secondhand smoke on employees. Mr. Emmett stated there would be fine particulate ventilation that would keep the air as clean as possible. He stated there would be smoke-free rooms for employees where they can view the consumption room.
Mr. Cleworth asked who drafted the law that was on the ballot in 2014 to legalize marijuana. Mr. Emmett stated it was drafted by the Marijuana Policy Project, a pro-cannabis think tank out of Washington D.C. He stated the original draft was worked on in Colorado and was put on the ballot by a citizens’ initiative. Mr. Cleworth stated the initiative stated there would be no public consumption. Mr. Emmett stated it was never the intention that people could only consume marijuana in a home that they own.
Ms. Kun asked about public safety. Mr. Emmett stated public safety was heavily considered when drafting the language.
Chris Thompson, 3755 Swenson Avenue, Fairbanks – Mr. Thompson stated marijuana should be regulated in the same way as alcohol; he stated onsite consumption should be allowed just like alcohol is at a bar.
Julie Smyth, Fairbanks – Ms. Smyth stated she is a single mother of three living in an apartment, and she asked the Council to allow for onsite consumption. She stated she has to get a babysitter when she goes to a marijuana store because she is not allowed to bring her children into a retail location, and it would be easier if she had a place to legally consume marijuana. She stated if the Council votes against the ordinance, they are voting against the poorer sector of the community.
Mike Prax, 1015 Meadow Rue Avenue, North Pole – Mr. Prax stated he is not a fan of marijuana, but he does support the ordinance because the government should not regulate what people do. He stated public consumption is still regulated by the state, and each license would have to be approved by the MCB. He stated there has not been a spike in crime since marijuana was legalized because the industry is working so hard to be responsible. He stated government regulation of air quality has created a lot of bureaucracy.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 11 of 16
City Council Agenda Packet - August 12, 2019 60 of 119
Debbie Rathbun, Fairbanks – Ms. Rathbun stated she was selected for Federal Grand Jury several years ago, and all of the cases were about drugs and guns. She stated there are things that go unreported and spoke against onsite consumption in Fairbanks. She stated there are not enough police to regulate the industry and that the Council should listen to the cops who have spoken against onsite consumption.
Sam Hachey, Fairbanks – Mr. Hachey thanked everyone for keeping their testimony civil. He shared that banking for marijuana businesses is now legal in the State of Alaska. He spoke in support of Ordinance No. 6101.
Ms. Kun asked Mr. Hachey if he would benefit by the passing of the ordinance. Mr. Hachey stated his retail store is not in a standalone location, so he would not be able to have a café.
Rick Hinkey, 1001 Lathrop Street, Fairbanks – Mr. Hinkey stated he frequently witnesses the public consumption of marijuana downtown. He shared his disappointment with the ordinance being introduced; he stated he supports the legalization of marijuana, but he does not support onsite consumption. He stated the nation’s failed “war on drugs” was not a war on drugs at all; he stated it was more of a war on minorities and people of color. He questioned who would benefit the most from the building of the industry.
Rick Solie, Fairbanks – Mr. Solie spoke against Ordinance No. 6101 and stated the Council should not disregard the advice of the police. He stated the police do not have a large enough force to handle all the criminal activity that will occur if onsite consumption is allowed. He stated it is illogical for the Council to approve onsite consumption with so many unknowns.
Hearing no more requests for comment, Mayor Matherly declared Public Testimony closed.
Mayor Matherly called for a brief recess. The meeting reconvened following the brief recess.
Ms. Therrien asked Deputy Chief (DC) Dan Welborn to come forward for a staff report; she asked whether there has been an increase in DUIs since the legalization of marijuana. DC Welborn stated there has been an increase, but there are lot of variables involved in DUI arrests. DC Welborn stated when they issue a DUI they administer a breath alcohol test, but there is no way to test for other drugs. Ms. Therrien asked if any of the DUIs issued were related to drugs only; DC Welborn stated he believes so, but he does not have specific information relating to the question. Ms. Therrien asked if there have been any criminal complaints relating to any of the marijuana retail stores. DC Welborn replied there have not been any complaints.
Ms. Kun asked DC Welborn if he focuses on violent crimes versus cannabis crimes; DC Welborn stated he and all Fairbanks Police Department (FPD) officers deal with all crimes.
Ms. Kun stated she authored the ordinance so that City Code would be in line with the state and the borough. She stated there are strict guidelines that will have to be followed by retail license holders. She stated the smoking ban by the state contains language making exceptions for the cannabis industry. She spoke in favor of the City of Fairbanks allowing onsite consumption.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 12 of 16
City Council Agenda Packet - August 12, 2019 61 of 119
Mx. Ottersten stated they objected to the onsite ban from the time it came to be. They stated that people who do not own their own homes are not allowed to consume marijuana in apartment buildings. Mx. Ottersten spoke in favor of limited onsite consumption at locations that meet all the state requirements and added that the vilification of marijuana consumers needs to stop.
Mr. Cleworth stated that Resolution No. 4787 supporting a smoke-free Alaska puts the Council in a hypocritical situation. He thanked Mr. Emmett for speaking and sharing information about public consumption. Mr. Cleworth stated he is being asked to weigh in on a moral issue that is bigger than the Council. He stated it should be put to a vote of the people, not a decision made by the Council. He stated he will side with FPD’s position on public consumption, and he encouraged the Council to consider postponing the ordinance.
Mr. Pruhs stated he struggles with allowing the industry to do something that other businesses are not allowed to do.
Ms. Rogers agreed with Mr. Pruhs and stated she supports a smoke-free workplace. She stated she cannot support the ordinance because it flies in the face of all the work done in arriving at the decision to support a smoke-free workplace.
Ms. Therrien stated she counted 14 people speaking in favor of the ordinance and 11 speaking against it. She stated she would support postponement so more research could be done.
Ms. Kun asked Mr. Pruhs what changed since 2016 when he supported onsite consumption. Mr. Pruhs stated that smoking in public places is now illegal throughout the state. He clarified that The Higher Calling closed because of a landlord/tenant issue, not because of government.
Ms. Kun shared her concern that people do not have a legal place to consume marijuana; she stated the Council needs to get on board with the state.
Mr. Cleworth stated he believes the issue will go on the October ballot as a citizens’ initiative.
Mr. Cleworth, seconded by Ms. Therrien, moved to POSTPONE Ordinance No. 6101 until the Regular Meeting of April 22, 2019.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO POSTPONE ORDINANCE NO. 6101 UNTIL THE REGULAR MEETING OF APRIL 22, 2019 AS FOLLOWS:
YEAS: Cleworth, Pruhs, Rogers, Therrien NAYS: Kun, Ottersten Mayor Matherly declared the MOTION CARRIED.
NEW BUSINESS
a) Resolution No. 4874 – A Resolution to Apply for Funds from the Alaska Division of Homeland Security and Emergency Management for the FFY2019 Emergency Management Performance Grant. Introduced by Mayor Matherly.
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 13 of 16
City Council Agenda Packet - August 12, 2019 62 of 119
PASSED and APPROVED on the CONSENT AGENDA.
b) Ordinance No. 6102 – An Ordinance Establishing an Incentive Bonus Program within Fairbanks Emergency Communication Center for Recruitment and Hiring. Introduced by Mayor Matherly.
Mr. Pruhs, seconded by Mx. Ottersten, moved to ADVANCE Ordinance No. 6102.
Mr. Cleworth stated he missed the last Council meeting, and he has a few questions about the bonus for lateral hires. Dispatch Manager Kristi Merideth stated lateral hires are individuals who are experienced with the equipment used at the Dispatch Center. Mr. Cleworth asked specific questions about the Dispatch academy and training. Ms. Merideth explained that she is trying to avoid taking someone off the call center to train. She explained that someone would not be considered a lateral hire unless they were proficient on the computer-aided dispatch (CAD) system used in the Dispatch Center.
Mr. Cleworth asked whether the bonus would be paid all at once or staggered. Ms. Randle stated the employee would have to complete field training before the bonus would be paid. Mr. Cleworth stated that if someone qualifies for the bonus, there should be a minimum period of time for full payment to be made; Ms. Merideth stated she would be happy to look at options.
Mx. Ottersten asked why only dispatchers would qualify for the referral bonus. They suggested that all City employees should be eligible for the bonus if they recruit a lateral hire dispatcher. Mr. Pruhs agreed with Mx. Ottersten.
Ms. Kun stated the bonus may not a good idea because it may be friends hiring friends.
Mayor Matherly stated the bonus is needed because Police and Dispatch need to fill positions.
Ms. Rogers agreed with Ms. Kun that it could look like friends hiring friends. She reminded the Council that not having enough dispatchers is a public safety issue.
Ms. Therrien asked for clarification in the language to better explain what a lateral hire means.
A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO ADVANCE ORDINANCE NO. 6102 AS FOLLOWS:
YEAS: Pruhs, Therrien, Cleworth, Ottersten, Rogers NAYS: Kun Mayor Matherly declared the MOTION CARRIED.
DISCUSSION ITEMS
a) Committee Reports
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 14 of 16
City Council Agenda Packet - August 12, 2019 63 of 119
Legislative Committee – Ms. Therrien stated a meeting was recently held, and she will be heading to Juneau the following morning; she stated she will return Thursday. She stated there is not a lot of legislation right now because all the discussion is focused on the budget.
Reentry Coalition – Ms. Rogers stated the Coalition is working hand-in-hand with the Opioid Task Force. She stated she will be traveling to Juneau with Ms. Therrien and that Yuri Morgan is a good resource for the City of Fairbanks.
Public Safety Commission (PSC) – Ms. Kun stated the PSC will meet the following day.
Fairbanks Diversity Council (FDC) – Mayor Matherly stated there will be a meeting of the FDC the following evening. He stated the open forum for the hiring of the Police Chief is coming up soon, and the public is welcome to attend until the panel convenes privately.
WRITTEN COMMUNICATIONS TO COUNCIL
a) Clay Street Cemetery Commission Meeting Minutes of March 6, 2019
ACCEPTED on the CONSENT AGENDA.
COUNCIL MEMBERS’ COMMENTS
Mr. Pruhs stated he is happy to see that Deputy Clerk Emily Braniff will be attending training. He thanked the Council for postponing Ordinance No. 6101 because he thinks it may need tweaking before advancement. He asked Attorney Ewers whether they would need to redefine public and private places in the Code; Mr. Ewers replied the terms do not need to be redefined.
Mr. Cleworth stated there is a citizen that often shares concern for snow removal on City sidewalks. Mr. Cleworth stated Festival Fairbanks used to have a four-wheeler with a plow to remove snow from sidewalks and he asked Attorney Ewers whether the City would be exempt from liability if it granted someone a piece of equipment to use for snow removal. Mr. Ewers stated it would have to be a non-profit organization, and it may be cumbersome for a person to create a non-profit; he stated the City could work with Festival Fairbanks or the Fairbanks Downtown Association to have someone operate the equipment.
Mr. Cleworth stated he noticed street sweeping started earlier in the day, and the streets look better already. He stated he is glad to see that justice has been served in the death of Sgt. Brandt.
Mx. Ottersten thanked the students and staff of the University of Alaska Fairbanks (UAF) for the excellent job putting together the FemCon program. They stated they participated in a panel discussion about women working in male-dominated jobs and was deeply moved by things people had to say. Mx. Ottersten stated the community needs strong universities because they are a package of things – not just classrooms, sports, and dorms.
Ms. Kun congratulated Brenda Riley for winning the Alaska Children’s Trust Award and encouraged everyone to check on their neighbors. She stated it is not right for the Council to approve marijuana businesses in the City but not allow users a place to go to consume it. She
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 15 of 16
City Council Agenda Packet - August 12, 2019 64 of 119
stated public safety recruitment could be improved by allowing onsite consumption to be policed by training recruits.
Ms. Rogers stated she had no comments.
Ms. Therrien thanked Public Works for cleaning the roads. She thanked the Council for postponing the onsite consumption ordinance because she sees a need for further refinement. She stated she hopes the guilty verdict brings some peace to the Brandt family.
Ms. Kun, seconded by Mr. Pruhs, moved to ENTER Executive Session for the purpose of discussing Fairbanks Firefighter Union (FFU) and International Brotherhood of Electrical Workers (IBEW) labor negotiations.
Mayor Matherly called for objection and, hearing none, so ORDERED.
Mayor Matherly called for a brief recess. The Council reconvened in Executive Session following the brief recess.
EXECUTIVE SESSION
a) FFU Labor Negotiations
b) IBEW Labor Negotiations
The City Council met in Executive Session to discuss FFU and IBEW labor negotiations. Direction was given to the negotiating teams, and no action was taken.
ADJOURNMENT
Ms. Kun, seconded by Mx. Ottersten, moved to ADJOURN the meeting.
Mayor Matherly called for objection and, hearing none, so ORDERED.
Mayor Matherly declared the meeting adjourned at 10:40 p.m.
______JIM MATHERLY, MAYOR
ATTEST:
______D. DANYIELLE SNIDER, CMC, CITY CLERK
Transcribed by: EB
City of Fairbanks NOT A VERBATIM TRANSCRIPT April 8, 2019 Regular Meeting Minutes Page 16 of 16
City Council Agenda Packet - August 12, 2019 65 of 119 City Council Agenda Packet - August 12, 2019 66 of 119 City Council Agenda Packet - August 12, 2019 67 of 119 City Council Agenda Packet - August 12, 2019 68 of 119 City Council Agenda Packet - August 12, 2019 69 of 119 City Council Agenda Packet - August 12, 2019 70 of 119 City Council Agenda Packet - August 12, 2019 71 of 119 City Council Agenda Packet - August 12, 2019 72 of 119 City Council Agenda Packet - August 12, 2019 73 of 119 City Council Agenda Packet - August 12, 2019 74 of 119 City Council Agenda Packet - August 12, 2019 75 of 119 MEMORANDUM
City of Fairbanks Clerk's Office D. Danyielle Snider, City Clerk
TO: Mayor Jim Matherly and City Council Members
FROM: D. Danyielle Snider, CMC, City Clerk <@:)
SUBJECT: Application for Marijuana Onsite Consumption Endorsement
DATE: July 17, 2019
An application has been received from the State of Alaska Alcohol and Marijuana Control Office (AMCO) for an Onsite Consumption Endorsement for the following Retail Marijuana Store:
Retail License#: 18187 Application Type: Onsite Consumption Endorsement D.B.A.: The Fairbanks Cut, LLC Licensee/Applicant: The Fairbanks Cut, LLC Physical Location: 188 Bentley Trust Road, Suite A, Fairbanks, Alaska
Pursuant to 3 AAC 306.060, the Council may determine whether to protest the marijuana consumption endorsement application after holding a public hearing. A notice of the date, time, and place of the public hearing has been mailed to all property owners within 1,000 feet of the proposed retail marijuana store, and notice of the public hearing will be advertised in the Fairbanks Daily News Miner on Friday, July 19, 2019.
The Building Department is recommending protest of the endorsement until a Certificate of Occupancy is issued for the consumption area. The Police Department has included a one-year call report for the location, but they are not recommending protest. There are no other departmental objections to the issuance of the license.
On July 11, 2019 the Marijuana Control Board (MCB) denied this onsite consumption endorsement application. The attached letter from AMCO Director Erika McConnell states that the reason for the Board's denial is because the licensed retail marijuana store is not freestanding [3 AAC 306.370(a)].
Although the MCB denied the application, the applicant may appeal the decision within 15 days of the date of the attached letter from Ms. McConnell. I believe the Council should still provide a recommendation to AMCO in regard to this endorsement as the appeal filing period has not yet passed.
City Council Agenda Packet - August 12, 2019 76 of 119 City of Fairbanks Office ofthe City Clerk
800 Cushman Street Farrbanks, AK 99701 (907)459-6715 Fax (907)459-6710
ALCOHOL AND MARIJUANA CONTROL OFFICE MARIJUANA LICENSE RESPONSE FORM
TO:§;.FINANCE DEPARTMENT DATE: 06/24/2019 BUILDING DEPARTMENT FIRE DEPARTMENT 0 POLICE DEPARTMENT FROM: CITY CLERK'S OFFICE RE: MARIJUANA LICENSE ACTION - ONSITE CONSUMPTION ENDORSEMENT
DATE NOTICE RECEIVED AT CLERKS OFFICE: 06/21/2019 {60 DAY DUE DATE 08/20/2019} DATE RESPONSE DUE: j07/16/2019j for City Council Meeting of07/22/2019 License#: 18187 Application Type: Marijuana Onsite Consumption Endorsement D.B.A.: The Fairbanks Cut, LLC Licensee/Applicant: The Fairbanks Cut, LLC Physical Location: 188 Bentley Trust Road, Suite A, Fairbanks, Alaska
Corp/LLC Aeent: Mailine Address Phone Date and State: Good Standine? The Fairbanks Cut, LLC 1838 W Northern Lights Blvd. 907-444-3656 AK - 05/ 12/2018 Yes Liiv Bosshart Anchorage, AK 99517
Member/Officer/Director: Mailine Address Phone Title/Shares (%) Brittany Gitschel 3140 Spafford Lane, B 907-347-1832 Member/40% Fairbanks, AK 99709 Bradley Bosshart 4621 E. 115th A venue 907-717-3989 Member/13.75% Anchorage, AK 99516 Lily Bosshart 4621 E. 115th A venue 907-444-3656 Member/13.75% Anchorage, AK 99516 Stephanie Aglietti 8310 Dagan Street 907-529-7770 Member/ 13.75% Anchorage,AK 99502 Craig Aglietti 8310 Dagan Street 907-441-0378 Member/13. 75% Anchorage, AK 99502 Dakota Sinclair 1404 Still Valley Road E. 570-417-7497 Member/5% North Pole, AK 99705
ADDITIONAL COMMENTS:
D NO PROTEST: COMMENTS
W PROTEST J,t-rl T/ L ,)f REASONS: / ~ / .$_f" ~ e..0
DEPARTMENTSIGNEE~~ !,/?~/!/- ~~ (Signature) (Printed Name) NOTE: THIS COMPLETED FORM MUST BE RETURNED TO THE CITY CLERK'S OFFICE BY THE DATE INDICATED ABOVE. YOU MAY E-MAIL OR FAX (459-6710) THE FORM. City Council AgendaIf YOUPacket HA - August VE ANY 12, 2019QUESTIONS CALL OUR OFFICE AT 459-6774. THANK YOU. 77 of 119 I# can rec... 06'2~·20,e 00.00:00 . l'o AVL I I Pron! .n Am'Aa Patients I Emplo)W tlames Vehtdes
PU CU,r C ,eeseNllE''""'~ F/.JR
Jur • SeMte • Agency FPO
3usl OIS~d RA . But Ot.£Solution CAO ----) CaUgroup atur 1. / ~ Natui tlo match found. an iI P11011ty QA
I Call · P::l.A Hist I\Jarm I "I Qk I ,J :Ck Vehl RMS status
J '"c..1 1.de canceHeo e.·er:s Re-Open ,,,.
City Council Agenda Packet - August 12, 2019 78 of 119 Department of Commerce, Community, and Economic Development
ALCOHOL AND MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350
July 16, 2019
The Fairbanks Cut, LLC 1838 W Northern Lights Blvd. Anchorage, AK 99517
Via: [email protected] and certified mail
Re: The Fairbanks Cut, License #18187, Onsite Consumption Endorsement
Dear The Fairbanks Cut, LLC:
At their meeting on July 11, 2019, in Fairbanks, Alaska, the Marijuana Control Board denied your application for an onsite consumption endorsement to your existing retail license in accordance with 3 AAC 306.080(a)(3), because the board determined your licensed retail marijuana store is not freestanding as required by 3 AAC 306.370(a). Because your onsite consumption endorsement application has been denied, you have the right to an informal conference with the director or the board under 3 AAC 306.085, which you may initiate in writing within 15 days of receiving this letter by emailing or sending a letter to me.
The Alaska Administrative Procedure Act, AS 44.62.330 et seq., provides you with a means to appeal the Board’s decision. Specifically, AS 44.62.370 and 3 AAC 306.090 allow you to initiate a hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed. If you request an administrative hearing, the Office of Administrative Hearings will assign an administrative law judge to hear the matter. You may hire an attorney to represent you in such a hearing, but are not required to.
Please consider this letter as a Statement of Issues as required by AS 44.62.370. If you intend to request a formal hearing, you must notify AMCO, in writing, within 15 days of the date of this notice or within 15 days of the informal conference, should one be requested. A Notice of Defense form is enclosed for the purpose of requesting a formal hearing; however, you may submit any written notice that meets the requirements of AS 44.62.390.
Your Notice of Defense must be sent to:
Administrative Officer Alcohol and Marijuana Control Office 550 West 7th Ave, Suite 1600 Anchorage, AK 99501
City Council Agenda Packet - August 12, 2019 79 of 119 #18187 The Fairbanks Cut, Onsite Consumption Endorsement July 16, 2019 Page 2
If you do not wish to appeal the Board’s decision, you may file a claim for refund of the $2,000 endorsement fee that was paid with your application, by completing the three highlighted fields of the enclosed Claim for Refund form. The completed form must be sent to the address above.
You may contact me with any questions or to request additional information. However, I cannot provide you with any legal advice.
Sincerely,
Erika McConnell Director
CC: License file City of Fairbanks Fairbanks North Star Borough
Encl.
City Council Agenda Packet - August 12, 2019 80 of 119 Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 marijuana.llcensing@a laska.gov Alaska M arijuana Control Board h11ps://www.commem:.alaska.gov/web/amco AMCO Phone: 907.269.0350 Operating Plan Supplemental Form MJ-28b: Onsite Consumption Marijuana Retail Endorsement
What is this form?
An operating plan supplemental form is required for all retail marijuana establishments seeking an onslte consumption endorsement. Applicants should review Alaska Regu lation 306.370. This form will be used to document how an applicant Intends to meet the requirements of the regulation.
What must be covered in this operating plan supplemental?
Applicants must identify how the proposed onsite consumption premises will comply with applicable statutes and regulations regarding the following:
• Security (in addition to what is required for a retail store]. • Ventilation (if consumption by inhalation is to be permitted]. • Monitoring overconsumption. • Disposa l or packaging of unconsumed marijuana. • Prevention of the introduction of marijuana products not sold by the retail marijuana store or products not sold for on site consumption.
This form must be completed and submitted to AMCO's main office before any new onsite consumption endorsement application will be considered complete.
Section 1 - Estallll•l1111...e & C•lltact lllfonllatlon Enter .rn f ormat,on or t h e busine . ss see king to b e Iicensed, as identi ied on the icense app icat1on. Licensee: The Fairbanks Cut, LLC I MJ License #: I18187 License Type: Retail Marijuana Store Doing Business As: The Fairbanks Cut Premises Address : 188 Bentley Trust Rd ., Suite A City: Fairbanks I State: I Alaska I ZIP: 199701
M ailing Ad dress: 1838 W Northern Lights City: Anchorage I State: I Alaska I ZIP: I99517
Designated Licensee: Lily Bosshart Main Phone: 907-444-3656 I Ceff Phone: I907 -444-3656 Email: [email protected]
Which type(s) of consumption will occur at your premises (check all that apply):
Con sumption by lnhillation (smoking or vaping)- I/I Consumption by other method(s)- 1/ I
[Form MJ -28b) (rev 4/9/ 2019) Page l of 7
Received by AMCO 6.13.19 City Council Agenda Packet - August 12, 2019 81 of 119 , .. "~"' / \ Alaska Marijuana Control Board AMCO ,.. ,.... .,.~ Form MJ-28b: Onsite Consumption Endorsement Operating Plan Section 1 - Pre..talNllng Freestanding Licensed Retail Store (3 AAC 306.37Q{al and AS 18.35.30l(il(lll
Please read the definition of "Freestanding" as defined In AS 18.35.301(i)(l) below-
"freestonding" means a building that is not supported by another structure and does not shore ventilation or internal air space with on adjoining structure and smoke from the building cannot travel into the adjoining structure.
You must be able to certify the statements below. Read the following and then sign your initials in the box to the right: Initials
1.1· I certify that the location for which I am requesting this endorsement is "freestanding" as defined by AS 18.35.301(il(l).
1.2· I certify that I have attached to this operating plan a photo of each side of the exterior of my building that show it meets the definition of "freestanding."
Section 2- lacatty Security {3 AAC 306.370{dl(ll(All and 3 AAC 306.370 (cl(ll
2.1. Describe the equipment In place (doors and locks) that wlll provide security for your consumption space, including access points and windows: Outdoor consumption area will be fully fenced. Height and materials used to build the fence will completely restrict anyone from seeing inside or entering the consumption area from the outside. All customer traffic will enter and exit through the currently licensed retail store premises. Staff will be able to observe the consumption area while inside the retail store and remain separated from any smoke. The door that connects the outside consumption area to the retail store will be reinforced with locks, connected to the store security system, and fully covered by surveillance cameras. The on-site consumption area will also be fully covered by security cameras.
2.2. Describe how you will prevent diversion of marijuana and marijuana product from your consumption area: Employees will be actively monitoring the on-site consumption area at all times. Only cannabis purchased from the Retail store will be allowed within the consumption area. Any cannabis left behind by customers will be immediately collected and properly disposed of by the store staff.
[Form MJ-2Sb) (rev 4/9/2019) Page 2 of7 License# 181 8 7
Received by AMCO 6.13.19 City Council Agenda Packet - August 12, 2019 82 of 119 »'l'"''~.w r*',. >'7 ·~ Alaska Marijuana Control Board AMCO l<.1, ... .,• •,· Form MJ-28b: Onsite Consumption Endorsement Operating Plan
2.3. Describe how you will prevent access by persons under the age of 21 to your consumption area: All customers will enter the on-site consumption area through the existing Retail Store. We will not have a separate entrance for the on-site. Currently, every person that enters The Fairbanks Cut is checked for valid identification prior to being allowed in the store. All customers in the shop, along with anyone in the on-site consumption area, must present valid ID proving that they are 21 or over. Once customers are in the store, they may choose to make their way out to the on-site consumption area.
2.4. Describe how the consumption area shall be isolated from the other areas of the retail marijuana store: The on-site consumption area will be a fenced-in space attached to the outside of the existing building. People will be able to enter the consumption area via a door that is monitored by staff members. The door remains closed unless someone is exiting or entering; clearly demarcating between the inside store area and the outside consumption area.
You must be able to certify the statement below. Read the following and then sign your initials in the box to the right: Initials
2.5. The proposed area(s) for consumption are clearly Identified on Form MJ-02: Premises Diagram or MJ-14: Premises Diagram Change that is submitted with this application.
Answer " Yes" or "No" to the following question: Yes No 2.6 Will t he consumption area be outdoors? 00 If "Yes", describe the outdoor structure(s) or the expanse of open or clear ground and how it is fully enclosed by a sight-obscuring wall or fence: Our outdoor area will be a completely fenced in rectangle attached to the West side of our existing licensed structure. The fence will be constructed of solid wood fencing, at least 6 feet in height, that completely obscures the view into the consumption area. The space is currently a parking lot, so the ground will be paved inside the consumption area. All normal customer traffic will flow through the building and out of the front door as it currently exists.
If " Yes", describe the neighboring uses and state why an outdoor consumption area is compatible with the surrounding area: Our building stands alone on an expansive strip of empty land. There are no other structures directly adjacent to us in any direction. We feel this is an ideal setup for on-site consumption as there are no other businesses to work with and there is very light foot traffic (if any) in front of the building. Seven of the eleven adjacent properties are vacant lots with no structures or business in use. 599 ft behind our building is First Student, a school bus depot and staffing company. They run a small office building that serves as HR headquarters for area bus drivers and maintain a large lot of school buses. 901 ft behind our building is Cold Spot Feeds, a dog food store. 406 ft in front of our building is the back end of Bentley Mall, which houses a Safeway, Michaels, Wells Fargo, Great Harvest Bread Company, Aeropostale, and a Kay Jewelers. None of these business (or their parking lots) face our building; the side of the building we see is their loading docs that have zero customer use. Finally, 345 ft in front of our building is the back end of Costco. Again, the customer entrance is on the opposite side of the building that faces us; the only thing we see is their loading dock.
[Form MJ -28b) (rev 4/9/2019) Page 3 of 7 License# 18187
Received by AMCO 6.13.19 City Council Agenda Packet - August 12, 2019 83 of 119 ,.,,,...... , 1 J ~ Alaska Marijuana Control Board AMCO ·., ...,,'"··· Form MJ-28b: Onsite Consumption Endorsement Operating Plan 9ectlell 3-Ve111Ratten Ventilation (3 AAC 306.370{dl{1l{B))
If you are proposing an indoor marijuana consumption area, where consumption by inhalation will occur you must be able to certify the statements below.
Rea d the following and then sign your initials in the box to the right: Initials
I certify that I have attached to this form ventilation plans that:
3.1 Show a ve ntilation system for t he marijuana consumption area that is separate from the remainder of the retail store D 3.2 Signed and approved by a licensed mechanical engineer. D 3.3 Sufficient to remove visible smoke. D 3.4 Consistent with all applicable building codes and ordinances. D Section IIII-O.erc1•••.. tton Monitoring Overconsumption (3 AAC 306.370(dl{1){C))
4.1. Describe the policies and procedures that will be used to monitor overconsumption of marijuana or marijuana product: All product consumed in the on-site area must be purchased at The Fairbanks Cut. No outside product will be allowed. We follow the strict State guidelines for amount sold per transaction. There will be no concentrates consumed in the on-site consumption area. As such, consumers will be limited in what they consume. In addition, we will have trained members of staff watching for signs of overconsumption. Any person that seems to be approaching overconsumption will be asked to stop consuming and will be offered an UBER ride home if they drove. No one will be allowed into the store to purchase product, much the less the consumption area if they exhibit signs of intoxication.
Section 5 - llepaclulalnl or Dlspo-1 Repackaging or Disposa l (3 AAC 306.370(dl{ll(D))
5.1. Describe how you will dispose of or repackage unconsumed marijuana or marijuana product in accordance w ith 3AAC 306.740 and 3AAC 306.345: All product purchased at The Fairbanks Cut comes in opaque, child-proof, resealable containers. If a customer wants to consume on-site, we will separate out the amount intended for on-site and repackage product they intend to take home. We are also going to offer all of our flower in .5 gram amounts intended for the on-site area so we limit the amount of repackaging needing to be done by staff. If customers load a pipe or roll a joint, and leave some product unconsumed, that left-over product will be collected by staff and stored in a trash receptacle until proper wasting can be done. The trash receptacle will have a secure fitting lid and be located within a Restricted Access Area. Once the trash receptacle is full and we are ready to waste it, AMCO will be notified and after the alloted amount of wait time we will mix the cannabis waste at least 50/50 with dirt or other organic material and dispose of it in a compost pile located on the property.
[Form MJ -28b] (rev 4/9/2019) Page 4 of7 Lla!nse# 18187
Received by AMCO 6.13.19 City Council Agenda Packet - August 12, 2019 84 of 119 Alaska Marijuana Control Board Al\1CO Form MJ-28b: Onsite Consumption Endorsement Operating Plan
Section 8 - Preve..... n e,f llttnNluctlon Prevention of Introduction (3 AAC 306.370(dllll1Ell
6.1. Describe your policies and procedures to ensure marijuana from a source other than your retail marijuana store is not introduced to your consumption area: All customers are watched by staff as they enter the retail store. The staff member monitoring the consumption area will be talking with customers about all rules of consumption on premises, including over consumption, no concentrates, and bringing in product that was not purchased at our location. Any customer that heads directly to the consumption area from the front door will be specifically monitored. If they attempt to consume product from a pocket or bag, they will immediately be asked to take the product off premises. Clear signs will be posted in both the retail store and the consumption area that informs the customers of the strict policy. Any customer that is caught repeatedly bringing in outside product will be asked not to return.
6.2 Describe your policies and procedures to ensure that marijuana from your retail marijuana store that is not intended for onsite consumption is not introduced into your consumption area: Our Budtenders will be trained to interact with all customers and assess whether they plan to stay after purchasing and move out to our on-site area. If they plan to consume on-site, Budtenders will explain to them that they will need to separate out a smaller amount of flower or edibles to be consumed on-site. If the customer would like, they can purchase pre-packed flower specifically for on-site that comes in .5 amounts. If they want to buy a larger amount of flower and consume some on-site, our Budtenders can split off a small amount of the larger package into one specifically for on-site and seal up the rest. Edibles are easily split up as all edibles are individually packaged within a larger child-resistant package. Budtenders will remove the amount intended for on-site and then reseal the original package. We will make clear that any product not intended for on-site consumption must not be brought out to the on-site consumption area. Customers will be encouraged to make a quick stop out to their car to store product not intended for on-site prior to entering the consumption area. If no vehicle is available, customers will be asked leave product at the counter with the Budtenders until they are finished with on-site consumption and ready to leave. We will have clear signage indicating this rule at both the Budtender station and the entrance to the consumption area. Employees will be monitoring the consumption area at all times to ensure no product is introduced to the on-site area that is not intended to be there.
Section 7 - Dosa9e .... Safaty Information Written Materials (3 AAC 306.370(ell4ll
You must be able to certify the statement below. Read the following and then sign your initials in the box to the right: Initials
7 .1- I certify that I have attached copies of the written materials to be provided in the consumption area(s} to patrons at no cost that contain marijuana dosage and safety information for each type of marijuana or marijuana product to be sold for consumption at the mariju.ina consumption area.
[ Form MJ-28b] (rev 4/9/2019) Page 5 of 7 License# 18187
Received by AMCO 6.13.19 City Council Agenda Packet - August 12, 2019 85 of 119 ~t/611f\#t,;.,. ,.- ''· Alaska Marijuana Control Board AY.JCO ·,,,...... · Form MJ-28b: Onsite Consumption Endorsement Operating Plan
Employee M onitoring {3AAC 306.370{cl!21l
Answer "Yes" or "No" to the fo llowing question: Yes No 8.1 Will co nsumption by smoking or vaplng be allowed? 00
If "Yes", describe the smoke-free area from which employees will monitor the marijuana consumption area: All employees will be provided with a smoke free place to monitor the on-site area. A large window in the retail store overlooks the fenced in on-site area. This window is directly next to the door leading to the on-site area. An employee will be stationed at the window and tasked with watching the on-site area, periodically walking through the area to monitor for diversion and overconsumption, and monitoring the door in and out of the store that leads to the consumption area. They will spend most of their time monitoring from inside the store, which is completely smoke free.
Section 9 - ..clanltlon
unsworn falsification that this fo rm, including all accompanying sc hedules and statements, is true, correct,
DARIEN LOPEZ Notary Pubhc Stale of Alaskil My Commission Expires Jan 18, 2022 My commission expires: b I · } Subscribed and sworn to befo re me this .L2_ day of _-S__u_n_ e______., 20 IC( . [Form MJ-28b] (rev 4/9/2019) Page 6 of 7 License# 18187 Received by AMCO 6.13.19 City Council Agenda Packet - August 12, 2019 86 of 119 Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 ,n~ri ju an a.I i ce [email protected] https: //www.co mmercc.alask;i.gov/web/amro Phone: 907.269.0350 Alaska Marijuana Control Board Form MJ-14: Licensed Premises Diagram Change What is this form? This licensed premises diagram ch ange form is required for all marijuana establishment licensees seeking to alter the functional floor plan or reduce or expand the area of the est ablishment's existing licensed premises, under 3 AAC 306.100 and 3 AAC 306.705. The required $250 change fee may be made by check, ca shier's check, or money order. This form must be signed by the licensee and by the local gove rnment having jurisdiction over the location of the premises before it is submitted to AMCO staff for review. This form must be completed and submitted to AMCO's main office prior to altering the existing floor plan. The licensed premises may not be altered unless and until the AMCO director has given written approval on this form. Please note that licensees seeking to change licensed premises diagrams for multiple licenses must submit a separate completed copy of this form for each license. Section 1 - Eata...... hlfennatlon Enter In ormation or the business seeking to be licensed, as identified on the license aoplication. Li censee: THe Fairbanks Cut, LLC I MJ License#: I 18187 License Type: Retail Marijuana Store Doing Business As: The Fairbanks Cut Premises Address: 188 Bentley Trust Rd. <;\ lJ,k A City: Fairbanks I State: l Al aska r ZIP: !99701 Section 2 - •••Ired ...... ,n For your security, do not include locations of security cameras, motion detectors, panic buttons, and other security devices. The following details must be included: fvl License number and OBA ~ l egend or key ~ Color coding 0 Dimensions Labels True north arrow ISurveillance room 0 Licensed premises boundary 0 Restricted access areas Storage areas Entrances, exits, and windows ~ Walls, partitions, and counters & Any other areas that must be labeled for specific license types (Form MJ.14) (rev 01/11/2018) Page 1 of 2 Received by AMCO 5.30.19 City Council Agenda Packet - August 12, 2019 87 of 119 ';:\,..J.)', ' .AIQ,1,, <• ., :r I, Alaska Marijuana Control Board AMCO Form MJ-14: Licensed Premises Diagram Change Section 3 - Su111111ary of Changes Provide a summary of the changes for which you are reauestlng approval. We are adding an outdoor on-site consumption area to the west side of the building. We are constructing a fence that completely obscures the view inside the area from the parking lot. There is also a steel security door being added that connects the on-site area to the Retail Store. There will be no admittance to the on-site consumption area from the outside, only an emergency exit. All customers wishing to enter or exit the on-site area must go through the main entrance to the retail store. Section • - Decla,....,_ ..... ~ vats Read each statement below, and then sign your initials in the corresponding box to the right: Initials If a local building permit is required, I have attached a copy of It to this form. The proposed changes conform to all applicable public health, fire, and safety laws. e, I declare under penalty of unsworn falsification that this form, including all accompanying nd complete. DARIEN LOPE7 Notmy Public Not ary Public in and for the State of Alaska. State ct Alas, a ______1.... Cmn1111ss·.on E1011c~ Jan IS. nin My commission expires: 0 I - l Local Government Review (to be completed by an appropriate local government official): Yes No Pending The proposed changes shown on this form conform to all local restrictions and laws. D DD A local building permit is required for the proposed changes. D D Signature of local government official Building Permit # Date Print ed name of local government official Title AMCO Review: Approved Disa pproved D D Signature of AMCO Enforcement Supervisor Signature of Director Printed name of AMCO Enforcement Supervisor Printed name of Director Date AMCO Comments: [Form MJ-14) (rev 01/11/2018) Page 2 of2 License#______ Received by AMCO 5.30.19 City Council Agenda Packet - August 12, 2019 88 of 119 I 30' ET 1'=15' KS : E L CLOS TOR L I 119 REA GE IRBAN SES I 2019 SCA of ROUGHOUT RETA t , FA 20· TH IN SES I 29 89 PREM REFRIGERA Y/STORA ACCESSA NDOW ING \/CT I >IK NK I THE OP SED W PREM S T Sll May BE UPPl CTED S ER OR OP I I NG / TO FLOOR T M R TI : OBA E ENSED E S N-LICEN I , 0' NO 7 COMMERCIAL CLEAN COUN NEW LIC EXTE EX RESTR 1 SPAC NOT LEGEND a • - - ® @ @ @ @ a #1818 CUT • • • 1 t....-..-;J 0 1 Ci • · · Et Received by AMCO 5.30.19 FAIRBANKS NORTH STAR BOROUGH DepartmentofCommunityPlanning 907 Terminal Street * P.O. Box 71267 * Fairbanks, Alaska 99707-1267 (907) 459-1260 * FAX (907) 205-5169 MEMORANDUM TO: City of Fairbanks Council FROM: D. Christine Nelson, AICP 1)GN Community Planning Director DATE: July 3, 2019 SUBJECT: The Fairbanks Cut, LLC - Retail Store License #18187 Onsite Consumption Endorsement Zoning A "retail marijuana store" is a listed permitted use in the General Use (GU-1) zoning district pursuant to FNSBC 18.84.020.A. Zoning permit #18005 was issued on April 24, 2018 to use 1,800 square feet of an existing building for this use. Onsite Consumption "Retail marijuana store" is defined in Title 18 as "a legally licensed commercial retail marijuana store as defined by state law." The State now allows onsite consumption of marijuana through an endorsement on a retail marijuana store license (3 AAC 306.370); it is not a new license type. Onsite consumption is therefore not considered a new use under Title 18 because it is a part of a legally licensed commercial retail marijuana store. The applicant is not required to submit a new zoning permit application for onsite marijuana consumption as part of a permitted retail marijuana store. The applicant is required only to supply updated documents, including but not limited to, a floor plan and/or site plan showing the onsite consumption area, to ensure they comply with Title 18. The applicant has done this via their submittal to AMCO. The applicant has proposed an outdoor onsite consumption area to the west side of their building with a fence to completely obscure the view inside the area from the parking lot. There would be no admittance to the onsite consumption area from the outside. Instead, customers wishing to enter or exit the onsite consumption area would be required to use the main entrance to the retail store. Outdoor consumption is allowed as part of a freestanding licensed retail marijuana store with an approved onsite consumption endorsement. 3 AAC 306.370(c)(4) requires that the Marijuana Control Board find the outdoor facility to be "compatible with uses in the surrounding area through evaluation of {A) neighboring uses/ (BJ the location of air City Council Agenda Packet - August 12, 2019 90 of 119 intake vents on neighboring buildings; (CJ a sight-obscuring wall or fence around the outdoor marijuana consumption area; (DJ objections of property owners/ residents/ and occupants within 250 linear feet or the notification distance required by the local government whichever is greater; and (EJ any other information the board finds relevant. " Licensing The FNSB Assembly public hearing for the State license endorsement for onsite consumption provides an opportunity for neighboring property owners and the public to comment on community impacts. City Council Agenda Packet - August 12, 2019 91 of 119 FAIRBAN KS NORTH STAR BOROUGH DepartmentofCommunityPlanning 907 Te rminal Street >'c P.O. Box 71267 fr Fairbanks, Alaska 99707-1267 (907) 459-1260 ,~ FAX (907) 205-5169 MEMORANDUM TO: . City of Fairbanks Council .. I FROM: D. Christine Nelson, AICP ia" Community Planning Director DATE: December 12, 2018 SUBJECT: The Fairbanks Cut, LLC - Retail Store License #18187 Zoning A "retail marijuana store" is a listed permitted use in the General Use (GU-1) zoning district pursuant to FNSBC 18.84.020.A. Zoning permit# 18005 was approved to use 1,800 square feet of an existing building for this use. Buffers FNSBC 18.96.240.A.3 addresses buffer distances for commercial marijuana establishments. More specifically, FNSBC 18.96.240.A.3.a establishes the distance of 500 feet from "primary and secondary school buildings (K-12) including vocational programs, playgrounds, adult and juvenile correctional facilities and housing facilities owned by a public housing authority with children as residents." Buffer distances are measured from the "nearest public entrance of a commercial marijuana establishment" to the "outer boundaries of school buildings, including outdoor school facilities where students are regularly found." The First Student school bus yard is located at 399 Helmericks Avenue. Students are dropped off at this location to board school buses, like a bus stop, but with a higher density of students. However, there is no teaching or instruction occurring on the property, so it does not meet the definition of "school buildings" (FNSBC 18.04.010.8). It is also located across the Alaska Railroad tracks at a distance of over 550-feet from the proposed licensed facility. The proposed marijuana establishment is not located within any known borough-required sensitive use buffers listed in FNSBC 18.96.240.A.3. Please see the attached map. This memo pertains to the review of borough-required sensitive use buffers only; Community Planning did not review for state or city required buffers. City Council Agenda Packet - August 12, 2019 92 of 119 Fairbanks North Star Borough PAN# 653518 Generic Report Printed on: 12/12/2018 M E R H A R AVE HELMERICKS AVE *# ~ 550 ft W TRAINOR GATE RD GU-1 GC BENTLEY TRUST RD COLLEGE RD TF N OY ES ST CROSSOVER WAY INA ST LC OLD STEESE1 = HWY 4000 CLARA ST Image courtesy of: Pictometry Property Information for PAN#: 653518 Proximity, Zoning, and Sensitive Use Map PROPERTY DESCRIPTION: Bentley Trust P4, Lot: 06 The Fairbanks Cut, LLC OWNER: Double G Investments Llc [ownership] Marijuana License - New - #18187 SITUS ADDRESS: 188 Bentley Trust Rd Retail Store ZONING: GU-1 (100%) COMMUNITY PLANNING PERMITS: Zoning: 16900 Export_Output_53 Zoning 0 375 750 Feet Zoning: 18005 Building Outlines (2012) LC TF GC GU-1 The Fairbanks North Star Borough does not warrant the accuracy of maps or data provided, nor their suitability for any particular application. There may be errors in the data. City Council Agenda Packet - August 12, 2019 93 of 119 Introduced By: Mayor Matherly Finance Committee Meeting: July 16, 2019 Introduced: July 22, 2019 ORDINANCE NO. 6110 AN ORDINANCE AMENDING THE 2019 OPERATING AND CAPITAL BUDGETS FOR THE THIRD TIME WHEREAS, this ordinance incorporates the changes outlined on the attached fiscal note to amend the 2019 operating and capital budget. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FAIRBANKS, ALASKA, as follows: SECTION 1. There is hereby appropriated to the 2019 General Fund and Capital Fund budgets the following sources of revenue and expenditures in the amounts indicated to the departments named for the purpose of conducting the business of the City of Fairbanks, Alaska, for the fiscal year commencing on January 1, 2019 and ending December 31, 2019 (see pages 2 and 3) [amendments shown in bold font; deleted text or amounts in strikethrough font]: Ordinance No. 6110 Page 1 City Council Agenda Packet - August 12, 2019 94 of 119 GENERAL FUND COUNCIL INCREASE AMENDED REVENUE APPROPRIATION (DECREASE) APPROPRIATION Taxes, (all sources) $ 21,706,047 $ - $ 21,706,047 Charges for Services 5,386,902 - 5,386,902 Intergovernmental Revenues 1,278,659 - 1,278,659 Licenses & Permits 1,659,883 - 1,659,883 Fines, Forfeitures & Penalties 550,000 - 550,000 Interest & Penalties 215,500 - 215,500 Rental & Lease Income 139,835 - 139,835 Other Revenues 221,000 - 221,000 Other Financing Sources 2,141,580 - 2,141,580 Total revenue appropriation $ 33,299,406 $ - $ 33,299,406 EXPENDITURES Mayor Department $ 648,124 $ 10,290 $ 658,414 Office of the City Attorney 208,081 5,390 213,471 Office of the City Clerk 409,154 5,250 414,404 Finance Department 911,045 14,750 925,795 Information Technology 2,112,545 - 2,112,545 General Account 4,813,573 - 4,813,573 Police Department 6,715,446 162,590 6,878,036 Dispatch Center 2,552,684 2,370 2,555,054 Fire Department 6,804,108 98,074 6,902,182 Public Works Department 8,584,922 64,079 8,649,001 Engineering Department 781,242 24,260 805,502 Building Department 709,875 12,830 722,705 Total expenditure appropriation $ 35,250,799 $ 399,883 $ 35,650,682 Estimated general fund balance $ 12,190,033 $ - $ 12,190,033 Increase (Decrease) to fund balance 634,892 (399,883) 235,009 Encumbrance carryforward (586,285) - (586,285) Transfer to other funds (2,000,000) - (2,000,000) 2019 estimated unassigned balance $ 10,238,640 $ (399,883) $ 9,838,757 Minimum unassigned fund balance requirement is 20% of budgeted annual expenditures but not less than $4,000,000. $ 7,130,136 Ordinance No. 6110 Page 2 City Council Agenda Packet - August 12, 2019 95 of 119 CAPITAL FUND COUNCIL INCREASE AMENDED REVENUE APPROPRIATION (DECREASE) APPROPRIATION Transfer from Permanent Fund $ 607,082 $ - $ 607,082 Transfer from General Fund 2,400,000 - 2,400,000 Public Works 250,000 - 250,000 Garbage Equipment Reserve 259,632 - 259,632 Building 10,000 - 10,000 Engineering - - - Police 180,000 - 180,000 Dispatch 215,000 - 215,000 Fire 330,447 - 330,447 IT 251,000 - 251,000 Property Repair & Replacement 145,000 - 145,000 Total revenue appropriation $ 4,648,161 $ - $ 4,648,161 EXPENDITURES Public Works Department $ 1,542,810 $ - $ 1,542,810 Garbage Equipment Reserve 680,000 46,302 726,302 Engineering 41,325 - 41,325 Dispatch 75,000 - 75,000 Police Department 326,417 - 326,417 Fire Department 769,329 - 769,329 IT Department 349,895 - 349,895 Road Maintenance 1,182,328 - 1,182,328 Property Repair & Replacement 699,990 21,000 720,990 Total expenditure appropriation $ 5,667,094 $ 67,302 $ 5,734,396 Estimated capital fund balance $ 11,498,199 $ - $ 11,498,199 Increase (Decrease) to fund balance (1,946,675) (67,302) (2,013,977) Encumbrance Carryforward (1,072,258) - (1,072,258) Transfer from General fund 2,000,000 - 2,000,000 2019 estimated fund balance $ 10,479,266 $ (67,302) $ 10,411,964 Ordinance No. 6110 Page 3 City Council Agenda Packet - August 12, 2019 96 of 119 SECTION 2. All appropriations made by this ordinance lapse at the end of the fiscal year to the extent they have not been expended or contractually committed to the departments named for the purpose of conducting the business of said departments of the City of Fairbanks, Alaska, for the fiscal year commencing on January 1, 2019 and ending December 31, 2019. SECTION 3. The effective date of this ordinance shall be the 12th day of August 2019. ______Jim Matherly, Mayor AYES: NAYS: ABSENT: ADOPTED: ATTEST: APPROVED AS TO FORM: ______D. Danyielle Snider, CMC, City Clerk Paul J. Ewers, City Attorney Ordinance No. 6110 Page 4 City Council Agenda Packet - August 12, 2019 97 of 119 FISCAL NOTE ORDINANCE NO. 6110 AMENDING THE 2019 OPERATING AND CAPITAL BUDGETS FOR THE THIRD TIME General Fund $0 Increase in Revenue $399,883 Increase in Expenditures Revenue 1. Tax Revenue 2. Charges For Services 3. Intergovernmental Revenues 4. License and Permits 5. Other Revenue 6. Other Financing Sources Expenditures 1. Mayor & Council • $1,690 increase in salaries and benefits associated with IBEW CBA • $8,600 increase in salaries and benefits for non-bargaining staff (1.5% increase on package rate effective January 1, 2019) 2. City Attorney’s Office • $1,890 increase in salaries and benefits associated with IBEW CBA • $3,500 increase in salaries and benefits for non-bargaining staff (1.5% increase on package rate effective January 1, 2019) 3. City Clerk’s Office • $3,450 increase in salaries and benefits associated with IBEW CBA • $1,800 increase in salaries and benefits for non-bargaining staff (1.5% increase on package rate effective January 1, 2019) 4. Finance Department • $14,750 increase in salaries and benefits associated with IBEW CBA 5. Information Technology Ordinance No. 6110 Page 5 City Council Agenda Packet - August 12, 2019 98 of 119 6. General Account 7. Police Department • $2,590 increase in salaries and benefits associated with IBEW CBA • $160,000 increase in salaries and benefits to fund four recruit police officer 8. Dispatch • $2,370 increase in salaries and benefits associated with IBEW CBA 9. Fire Department • $5,320 increase in salaries and benefits associated with IBEW CBA • $92,754 increase in salaries and benefits associated with FFU CBA • Temporarily hire two firefighters and temporarily promote one captain and one driver to cover for staff on military leave 10. Public Works • $2,550 increase in salaries and benefits associated with IBEW CBA • $61,529 increase in outside contracts for street striping project 11. Engineering • $24,260 increase in salaries and benefits associated with IBEW CBA 12. Building Department • $12,830 increase in salaries and benefits associated with IBEW CBA Ordinance No. 6110 Page 6 City Council Agenda Packet - August 12, 2019 99 of 119 Introduced by: Mayor Matherly Date: August 12, 2019 ORDINANCE NO. 6111 AN ORDINANCE TO ENTER INTO A CONTRACT WITH THE FNSB FOR FIRE SERVICE FOR THE BOROUGH’S LAND FILL WHEREAS, the FNSB operates a landfill that is outside of City limits; and WHEREAS, the City has been called upon to suppress fires at this landfill; and WHEREAS, the City has no formal contract with the FNSB to recoup City costs for fighting these fires; and WHEREAS, FGC Sec. 2-656 allows the City to provide services to entities outside the City’s boundaries with the approval of the City Council by ordinance. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FAIRBANKS, ALASKA, as follows: Section 1. The Council approves the provision of firefighting services to the Fairbanks North Star Borough’s landfill under the terms and conditions set out in Attachment A. Section 2. That the effective date of this Ordinance shall be the __ day of ______2019. ______Jim Matherly, City Mayor AYES: NAYS: ABSENT: ADOPTED: ATTEST: APPROVED AS TO FORM: ______D. Danyielle Snider, City Clerk Paul J. Ewers, City Attorney City Council Agenda Packet - August 12, 2019 100 of 119 City of Fairbanks Permanent Fund Review Board Quarterly Meeting Minutes May 2, 2019 The Permanent Fund Review Board (PFRB) convened at 1:30 P.M. in the City Council Chambers to conduct a quarterly meeting with the following board members in attendance. Board Members Present: Council Member Valerie Therrien Patty Mongold Bernard Gatewood Also Present: Margarita Bell, Interim Chief Financial Officer Brandy Nicoli, Chief Investment Officer-APCM Blake Phillips, Director of Institutional Sales-APCM Bernard Gatewood moved, and Valerie Therrien seconded to approve the minutes from the February 11, 2019 meeting. The PFRB unanimously agreed. Margarita Bell reviewed the account’s performance through March 31, 2019: $128,909,498 - Balance including accrued income $ 1,109,716 - Dividend and interest earnings $ 457,740 - Realized gain $ 8,459,654 - Unrealized gain $ (25,890) - Management and custodial fees $ 10,001,220 - Earnings, net of expenses Brandy Nicoli reported that the balance of the fund was $130,672,816 on May 1, 2019. The 2019 draw is expected to be made in December 2019. The budgeted appropriations of $5,463,741 to the general and capital funds are shown below, respectively: $4,856,659 and $607,082 City Council Agenda Packet - August 12, 2019 101 of 119 Portfolio Summary 1st Quarter Year to Date Last 12 Months Inception to Date Account Benchmark Account Benchmark Account Benchmark Account Benchmark 8.02% 8.69% 8.02% 8.69% 3.55% 4.99% 5.42% 5.16% 0.13% 1 0.13% 2 0.50% 3 8.02% 8.82% 8.02% 8.82% 3.55% 5.49% 5.42% 5.16% 1 - 12.5 bps - per quarter rounded 2 - 50 bps hurdle -annual (YTD = 12.5 basis pts X # quarters) 3 - 50 bps hurdle codified in March 2009. Inception performance begins January 31, 1998. Brandy Nicoli presented an investment review as of March 31, 2019. Ms. Nicoli reported that equities recouped all 2018 losses and interest rates fell in response to a “dovish Fed”. She also reported that global stocks slumped at the end of the quarter, but real assets preserved gains. Due to volatility, she reported that investments were shifted from international equities to alternative beta. Brandy Nicoli also reported that the alternative beta fund is providing expected risk reduction during times of increased volatility and the associated returns during increasing equity markets. Equities recovered after the year end sell off as monetary policy turned more supportive of growth, but the pace of returns is not expected to continue. Although the risk and return data for alternative beta in the first quarter was not favorable since initial purchase, the fund is within the expected tracking error and APCM’s near term outlook has not changed. Brandy Nicoli reviewed the compliance report. There were no compliance issues to report during the quarter. Brandy Nicoli recommended that the PFRB discuss long-term outlook considering risk and return analysis at the next board meeting to provide future guidance for investment strategies while preserving the fund and ensuring adequate funds for future draws. PFRB members discussed the appointment of a Vice Chair. Valerie Therrien moved, and Bernard Gatewood seconded to approve Bernard Gatewood as the Vice Chair. The next quarterly meeting will be July 24, 2019 in the City Council Chambers. The meeting adjourned at 2:30 p.m. Minutes will be placed on the July 24, 2019 agenda for approval. City Council Agenda Packet - August 12, 2019 102 of 119 Fairbanks North Star Borough / City of Fairbanks CHENA RIVERFRONT COMMISSION MINUTES April 10, 2019 1. ROLL CALL MEMBERS PRESENT: Bob Henzsey, Diana Campbell, Wade Binkley, Gordy Schlosser, Lee Wood, Julie Jones and Buki Wright MEMBERS ABSENT: Kelley Hegarty-Lammers (Excused) and Greg Barker (excused) OTHERS PRESENT: Jackson Fox, FAST Planning; Cynthia Nelson, TVWA; Brian Charlton, FBSV Parks & Rec; Joe Kemp, DOT; Nancy Durham, FNSB Floodplain Administrator; Kellen Spillman, FBSV Department of Community Planning; Mary Bork, FNSB Recording Clerk; and members of Ms. Campbells’ Communication 101 class. 2. COMMUNICATIONS TO THE COMMISSION Chairs Comments: Wright welcomed the students visiting from Ms. Campbells’ Communication 101 class. Communications to the Chena Riverfront Commission: Spillman introduced Kielecia Coker to the Commission. She is a new Administrative Assistant in the Department of Community Planning and may clerk this commission in the event of Ms. Melottes’ absence. Citizens Comments: None. Disclosure & Statement of Conflict of Interest: None. 3. APPROVAL OF THE AGENDA AND CONSENT AGENDA A motion was made by Schlosser, seconded by Henszey to approve the agenda for April 10, 2019. There were no objections. 4. APPROVAL OF THE MINUTES A motion was made by Wood, seconded by Schlosser to approve the minutes of March 13, 2019. There were no objections. City Council Agenda Packet - August 12, 2019 103 of 119 Chena Riverfront Commission Minutes -2- April 10, 2019 5. NEW BUSINESS None. 6. UNFINISHED BUSINESS 1. Update on the Salcha-Badger Road Subarea Plan – Kellen Spillman Spillman addressed the Commission and provided them with an update to the ongoing Salcha- Badger Road Subarea Plan. A question and answer period followed. Cynthia Nelson queried why the Little Chena River was not included in the study. Spillman stated that it fell outside of the study area. Henszey expressed concern with lot size and rivebank erosion at Chena Landings, though it too was not part of the study area for this project. Wright requested that Henszey look into this erosion matter further. Further discussion ensued. 2. Update on current DOT&PF projects – Joe Kemp Joe Kemp, DOT&PF addressed the commission and gave an update on current DOT projects. AT THIS POINT, THE AUDIO RECORDING FAILED 3. Chena Riverwalk Project Letter of Support – Julie Jones The Commission discussed this topic briefly. It was determined that a Letter of Support is not needed. This topic will be discussed as part of the CRFC Project List at the May 8, 2019 meeting. 4. Review of CRFC Project List The Commission reviewed the CRFC Project List and made minor edits. This topic will be reviewed at the May 8, 2019 meeting. 7. EXCUSE FUTURE ABSENCES 8. STAFF AND LIASION COMMENTS 9. COMMISSIONERS COMMENTS 10. AGENDA SETTING FOR May 8, 2019 COMMISSION MEETING 11. ADJOURNMENT City Council Agenda Packet - August 12, 2019 104 of 119 CHENA RIVERFRONT COMMISSION MINUTES May 8, 2019 A regular meeting of the Chena Riverfront Commission was held in the Ester Conference Room, 2nd Floor, Borough Administrative Center, 907 Terminal Street, Fairbanks, Alaska. The meeting was called to order at 12:00 p.m. by Buki Wright, Chair. MEMBERS PRESENT: Bob Henszey, Julie Jones, Greg Barker, Gordy Schlosser, Lee Wood MEMBERS ABSENT: Kelley Hegarty-Lammers (Excused), Wade Binkley (Excused), Annette Freiburger (Excused) and Diana Campbell OTHERS PRESENT: Brian Charlton, FNSB Parks & Rec; Melissa Kellner, FNSB Community Planning staff; Kellen Spillman, FNSB Community Planning Deputy Director and Laura Melotte, FNSB Recording Clerk. A. ROLL CALL B. COMMUNICATIONS TO THE COMMISSION Chair’s Comments None Communications to the Chena Riverfront Commission None Citizen's Comments Barb Gaston, citizen of the Borough, addressed the Commission with regard to her property that she owns along the Chena River. She conveyed that she continues to work to improve her property with regard to erosion. Ms. Gaston made herself available for questions. Commissioner Schlosser expressed appreciation for Ms. Gastons’ efforts to improve her riverbank. City Council Agenda Packet - August 12, 2019 105 of 119 CRFC Minutes May 8, 2019 Page 2 of 4 Disclosure and Statement of Conflict of Interest None THE AUDIO FILE FAILED BRIEFLY AT THIS TIME. C. APPROVAL OF AGENDA Chairman Wright suggested that the agenda be amended to take item #F1 off of the agenda and place it on the June agenda. Chairman Wright also requested to adjust the agenda to allow for one of the projects on the DOT Project Update List to be discussed at the beginning of new business. A motion was made by Commissioner Henszey, seconded by Commissioner Schlosser to approve the agenda for May 8, 2019 as amended. There were no objections. D. APPROVAL OF MINUTES A motion was made by Commissioner Wood, seconded by Commissioner Henszey to approve the minutes of April 10, 2019 as submitted. There were no objections. E. NEW BUSINESS 1. River Safety Singage – Wade Binkley Postponed to the June 12, 2019 meeting per Chairman Wright 2. Elodea Infestation Update – Aditi Shenoy Aditi Shenoy, Fairbanks Soil and Water Conservation District, addressed the Commission and gave an update regarding the ongoing efforts to eradicate the Elodea infestation in the area. A question and answer period followed Ms. Shenoys’ presentation. 3. Riverbank Restoration – Mitch Osborne Mitch Osborne, Fish and Wildlife Service, gave a presentation of the efforts that they have made to assist other homeowners along the Chena River with bank restoration due to erosion. A question and answer period followed Mr. Osbornes’ presentation. City Council Agenda Packet - August 12, 2019 106 of 119 CRFC Minutes May 8, 2019 Page 3 of 4 F. UNFINISHED BUSINESS 1. Salcha-Badger Subarea Plan – Kellen Spillman Mr. Spillman and Ms. Kellner addressed the Commission and gave an update with regard to this project. Mr. Spillman commented that the comment deadline for this project has been extended to May 17th if anyone cares to comment on the proposed plan. 2. Update on current DOT&PF projects – Joe Kemp Mr. Kemp was not in attendance but provided the DOT&PF project list to the Recording Clerk in advance for the Commission to review. Commissioner Barker commented with regard to the Parks Highway MP 356- 362 project. He stated that the company that he is employed with, HC Contractors, will begin working on this project in the very near future. 3. Review of CRFC Project list The Commission reviewed its’ project list. Chairman Wright commented that with regard to Item “F”, within the Downtown Plan there are plans for a bridge at Cowles Street. He further commented that it was felt that this would be a good location for a bridge to tie in all of the walking and bicycle paths. He suggested that bridge sub-committee be formed to work with the Downtown Plan to bring their plans into alignment with the Chena Riverwalk plans. Commissioner Jones commented that one of the problems with placing bridges in the downtown area is that there is not an entity or municipality that wants to be responsible for the care of the facilities. Further discussion ensued. This item will remain on future agendas for review and revision when necessary. G. EXCUSE FUTURE ABSENCES Commissioner Jones commented that she will not be in attendance at the June 12, 2019 meeting. H. STAFF AND LIASION COMMENTS None City Council Agenda Packet - August 12, 2019 107 of 119 CRFC Minutes May 8, 2019 Page 4 of 4 I. COMMISSIONER COMMENTS Commissioner Wood queried if anyone was keeping a list of potential changes to the Chena Riverfront Plan. Chairman Wright state that he was not aware of a list. J. AGENDA SETTING FOR JUNE 12, 2019 The next meeting will be on June 12, 2019 at 12:00 p.m. There being no further business, the meeting was adjourned at 1:25 p.m. City Council Agenda Packet - August 12, 2019 108 of 119 HISTORIC PRESERVATION COMMISSION MINUTES April 22, 2019 A regular meeting of the Historic Preservation Commission was held in the Chizmar Room, 1st Floor, Borough Administrative Center, 907 Terminal Street, Fairbanks, Alaska. The meeting was called to order at 5:38 p.m. by Molly Proue, Chair. MEMBERS PRESENT: Martin Gutoski, Patty Peirsol, Molly Proue, Matthew Reckard, Amy Viltrakis, MEMBERS EXCUSED: Pat Thurman OTHERS PRESENT: Chris Miller, member of the public; Angie Schmidt, member of the public; Melissa Kellner, FNSB Staff Representative; Kristina Heredia, FNSB Staff Representative and Laura Melotte, FNSB Recording Clerk A. ROLL CALL B. MESSAGES 1. Chairman's Comments Ms. Proue stated that she is looking forward to prioritizing the project list. 2. Staff’s Comments Ms. Kellner gave a brief recap of the Ft. Wainwright Cultural Resources working group meeting that she attended earlier in the day. Ms. Heredia, Ms. Peirsol and Ms. Proue also attended this meeting. Ms. Kellner stated that she and Ms. Heredia will be attending the SHPO workshop in Anchorage. Mr. Reckard and Ms. Peirsol will also be attending. Ms. Kellner advised the Commission that there are code rules regarding attendance for all Boards and Commissions borough wide. (4.04.070) Ms. Kellner provided the commission with a copy of Mayor Wards’ memo regarding historic preservation priorities. This memo will be reviewed further during New Business. 3. Citizen's Comments City Council Agenda Packet - August 12, 2019 109 of 119 HC Minutes April 22, 2019 Page 2 of 6 None C. *MINUTES Approval of the March 18, 2019 meeting minutes. Ms. Proue clarified that on page 2 (E2) should read the AHRS at the Office of History and Archaeology. Mr. Reckard stated that Mr. Kutzs’ name was misspelled. He provided the correct spelling to correct the minutes. Mr. Reckard requested that the following statement be added to his comment on page 3 (3rd paragraph) regarding the Riverboat Nenana preservation work: “He stated that both the 2009 USKH report and his own structural analysis indicate the cargo deck floor design is adequate for 100 psf live loading.” MOTION: Moved by Mr. Gutoski, seconded by Ms. Peirsol that the Agenda and Consent Agenda be approved. VOTE: No objections D. APPROVAL OF AGENDA AND CONSENT AGENDA Approval of Consent Agenda passes all routine items indicated by asterisk (*) on agenda. Consent Agenda items are not considered separately unless any Historic Commission member or citizen so requests. In the event of such request, the item is returned to the general agenda. Ms. Kellner stated that Mr. Pristash is not in attendance this evening to address the topic of the Minnie Street corridor. She suggested postponing this item to the May agenda. MOTION: Moved by Ms. Viltrakis, seconded by Ms. Peirsol that the amended Agenda and Consent Agenda be approved. VOTE: No objections MEETING AGENDA AND CONSENT APPROVED WITHOUT OBJECTION E. UNFINISHED BUSINESS City Council Agenda Packet - August 12, 2019 110 of 119 HC Minutes April 22, 2019 Page 3 of 6 1. Minnie Street corridor: Bob Pristash This item was postponed to the May meeting. 2. Salcha-North Pole area historic building survey Ms. Proue provided the commission an update with regard to this project. Discussion ensued with regard to providing some of the research materials to the public. Ms. Peirsol expressed concern as she did forward some information to another party. 3. Falcon Joslin house recognition Ms. Kellner announced that the recognition celebration for the Falcon Joslin House will be May 22, 2019 at 6:30 pm. Ms. Kellner read into record a proclamation that has been prepared expressing appreciation for the work that Mr. Miller and Ms. Schmidt have put into preservation of this property. Mr. Gutoski stated that he would like to invite Julie Stricker to attend as she has done extensive research into the history of Falcon Joslin. Ms. Kellner stated that he should invite her. 4. Polaris Building Ms. Kellner stated that she did not have anything new to report. Ms. Proue handed the proceedings of this meeting to the Vice Chair as she is restricted from participating on DOT projects. 5. Sec. 106 consultation requests Ms. Kellner addressed the commission with regard to this item. She stated that there is one request for review at this time. Upon further discussion, the commission chose to direct Ms. Kellner to reply “No adverse effect.” MOTION: Moved by Mr. Gutoski seconded by Ms. Viltrakis to reply “No adverse effect.” VOTE: No objections City Council Agenda Packet - August 12, 2019 111 of 119 HC Minutes April 22, 2019 Page 4 of 6 Ms. Peirsol handed the proceedings of this meeting back to the Chair. F. NEW BUSINESS 1. Priortization of Project List Ms. Kellner addressed the commission with regard to this item. She stated that she met with Mayor Ward and he is supportive of the potential project list. The commission reviewed the potential project list. The commission discussed at length many of the topics that they would like to see on the prioritization project list. Ms. Proue suggested that perhaps each commissioner could pick a topic that they want to focus on and work independently on the research for that topic and report back periodically. Ms. Kellner added that Mayor Ward commented in his memo that “Commissioners are encouraged to take the lead on research, outreach and other activities”. Ms. Proue suggested that this item remain on the agenda for further discussion at the next meeting. The commission was in agreement. Ms. Kellner added that she likes the idea of commissioners taking the lead on the research of some of the topics on the prioritization list. 2. Tax Exemptions for Historic Properties This item was discussed previously. G. CORRESPONDENCE Ms. Kellner provided to the commission an e-mail between herself and FNSB Legal staff regarding Ms. Proues’ involvement as chair when it comes to DOT items. Ms. Kellner stated that she contacted the City of Fairbanks to see if a demo permit was issued for 1006 4th Avenue and was informed that a permit had not been applied for. H. COMMISSIONER’S COMMENTS City Council Agenda Packet - August 12, 2019 112 of 119 HC Minutes April 22, 2019 Page 5 of 6 Ms. Proue spoke to the topic of Ms. Thurmans’ absences. Ms. Proue will contact Ms. Thurman and report back. Ms. Viltrakis had no comments. Mr. Gutoski spoke to requesting archeological records in the state of New Mexico and the process involved. Mr. Reckard had no comments. Ms. Peirsol requested that Ms. Kellner send via e-mail the slides that she received from the Ft. Wainwright Cultural Resources group meeting today. Ms. Kellner will check with Ft. Wainwright to see if they (CRWG) will allow her to share their presentation. Ms. Peirsol spoke to a sign that is on a cabin at 1st Avenue and Noble Street. She stated that a member of the public clarified that the structure is not a cabin but rather a framed house and they would like to see the sign changed. Ms. Kellner stated that the sign was not one of the signs that this commission has had placed. Ownership is still unknown. I. AGENDA SETTING UNFINISHED BUSINESS 1. Minnie Street Corridor – Bob Pristash 2. Prioritization of Projects List 3. Salcha-North Pole Historic building survey 4. Falcon Joslin house update 5. Polaris building NEW BUSINESS 1. Bailey Bridge – Elizabeth Cook, Ft. Wainwright 2. Salcha-Badger Area Plan 3. SHPO Workshop J. ADJOURNMENT Moved to adjourn by Ms. Viltrakis, seconded by Ms. Peirsol. All were in favor. There were no objections. City Council Agenda Packet - August 12, 2019 113 of 119 HC Minutes April 22, 2019 Page 6 of 6 The next meeting will be on May 20, 2019 at 5:30 p.m. There being no further business, the meeting was adjourned at 7:08 p.m. City Council Agenda Packet - August 12, 2019 114 of 119 HISTORIC PRESERVATION COMMISSION MINUTES May 20, 2019 A regular meeting of the Historic Preservation Commission was held in the Chizmar Room, 1st Floor, Borough Administrative Center, 907 Terminal Street, Fairbanks, Alaska. The meeting was called to order at 5:34 p.m. by Molly Proue MEMBERS PRESENT: Martin Gutoski, Patty Peirsol, Matt Reckard, Amy Viltrakis and Molly Proue. MEMBERS EXCUSED: Pat Thurman OTHERS PRESENT: Steve Hormann, Friends of the Tanana Valley Railroad; Karen Farrell, public member; Elizabeth Cook, Ft. WW Cultural Resources Manager; Kellen Spillman, FNSB Deputy Director; Melissa Kellner, FNSB Staff Representative; Kristina Heredia, FNSB Staff Representative and Laura Melotte, FNSB Recording Clerk. A. ROLL CALL B. MESSAGES 1. Chairman's Comments Ms. Proue conveyed that Ms. Viltrakis will be late attending this meeting. Ms. Proue commented that she did send an e-mail to Ms. Thurman regarding attendance and will report back when she hears back from Ms. Thurman. 2. Staff’s Comments Ms. Kellner clarified the additional handouts that were provided to the Commission. 3. Citizen's Comments Karen Farrell, member of the public, addressed the Commission. She enlightened the commission on some of the restoration projects that she has completed over the years and announced that she is currently renovating another historic property, the Bloom house. City Council Agenda Packet - August 12, 2019 115 of 119 HC Minutes May 20, 2019 Page 2 of 5 Steve Hormann, Friends of the Tanana Valley Railroad, introduced himself to the commission. C. *MINUTES Ms. Peirsol requested that minor edits be made to the minutes. MOTION: Moved by Mr. Gutoski, seconded by Mr. Reckard that the minutes of April 22, 2019 be approved as amended. VOTE: No objections D. APPROVAL OF AGENDA AND CONSENT AGENDA Approval of Consent Agenda passes all routine items indicated by asterisk (*) on agenda. Consent Agenda items are not considered separately unless any Historic Commission member or citizen so requests. In the event of such request, the item is returned to the general agenda. MOTION: Moved by Mr. Gutoski, seconded by Ms. Peirsol to reorder the agenda as to address New Business before Unfinished Business. VOTE: No objections MEETING AGENDA AND CONSENT APPROVED WITHOUT OBJECTION E. NEW BUSINESS 1. Bailey Bridge – Elizabeth Cook, Ft. Wainwright Elizabeth Cook, FT. Wainwright Cultural Resources, addressed the commission with regard to the proposed demolition of the Bailey Bridge on Ft. Wainwright and gave an update of the project to date. Ms. Cook stated that she would like to gather people together for another consultation meeting and development of the Memorandum of Agreement (MOA). She requested a response from this commission as to whether they would like to be a concurring party on the MOA. If anyone is interested in visiting the bridge, Ms. Cook offered to meet at the front gate and escort them to the site. Ms. Peirsol requested that Ms. Cook provide the commission with a list of all of the bidders so that the commission could speak to the contractors not after the bidding but rather during the bidding process. Ms. Cook City Council Agenda Packet - August 12, 2019 116 of 119 HC Minutes May 20, 2019 Page 3 of 5 responded that she is not allowed to provide that information. She is not allowed to have that information either. Further discussion ensued. Ms. Cook agreed to provide the draft MOA to the commission for review. The commission decided that they will discuss this topic further at the June meeting and then provide comments to Ms. Cook for the MOA. 2. Salcha-Badger Area Plan Ms. Kellner addressed the commission and gave an update on this on- going project. She stated that the public comment period for this project is now open. Members of this commission are invited to make comments individually. This item will be added to the agenda for the June 17, 2019 meeting for further discussion. Ms. Viltrakis joined the meeting. 3. SHPO Workshop Ms. Kellner gave a brief recap of the workshop that she and Ms. Heredia attended. Ms. Heredia conveyed what she learned at the workshop. 4. Proposed Rule Changes to the National Register of Historic Places Nominations. Ms. Proue commented that this is merely an FYI. The comment period has closed for this topic. The commission will follow this item to see where it goes from here. THE AUDIO FILE WAS INAUDIBLE AT TIMES AT THIS POINT. F. UNFINISHED BUSINESS 1. Minnie Street Corridor – Bob Pristash Mr. Pristash was not able to attend. Ms. Kellner, after checking with Mr. Pristash and Alexa Greene, stated that they had nothing new to report. This item will be placed on a future agenda. City Council Agenda Packet - August 12, 2019 117 of 119 HC Minutes May 20, 2019 Page 4 of 5 Mr. Reckard provided his Commissioner’s Comments at this point and then exited the meeting. 2. Prioritization of Projects List The commission reviewed the draft project list. Discussion of each proposed topic within the list ensued. This item will be placed on the June meeting agenda for further discussion. 3. Salcha-North Pole Historic building survey Ms. Proue addressed the commission and conveyed that she is still working on HRS cards. She will report back on this item at the June meeting. 4. Falcon Joslin house update Ms. Kellner reminded the commission of the upcoming celebration to be held at the Falcon Joslin house and some of the preparations that are being done to make this a memorable event. 5. Polaris building Ms. Kellner had nothing new to report. G. COMMISSIONER’S COMMENTS Mr. Reckard spoke to the commission with regard to the Alaska Mental Health Trust. Mr. Gutoski commented that Ray Bonnell did an article in the Sunday paper regarding the Chena building. Ms. Peirsol stated that she and Mr. Gutoski will be meeting one of the Rosie Creek residents who is going to work with them on fundraising for the move of the Chena building after the fact. They will also be working on developing lectures with regard to the building. Ms. Peirsol spoke to the possibility of a documentary being made about Felix Pedro and the fundraising that is being done to raise money for the project. City Council Agenda Packet - August 12, 2019 118 of 119 HC Minutes May 20, 2019 Page 5 of 5 H. AGENDA SETTING I. ADJOURNMENT Moved to adjourn by Mr. Gutoski, seconded by Ms. Viltrakis. The next meeting will be on June 17, 2019 at 5:30 p.m. There being no further business, the meeting was adjourned at 7:59 p.m. City Council Agenda Packet - August 12, 2019 119 of 119