FAIRBANKS NORTH STAR BOROUGH Regular Assembly Meeting July 27, :00 p.m.

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1 FAIRBANKS NORTH STAR BOROUGH Regular Assembly Meeting July 27, :00 p.m. A Regular meeting of the Fairbanks North Star Borough Assembly was held Thursday, July 27, 2017 in the Mona Lisa Drexler Assembly Chambers of the Juanita Helms Administration Center, 907 Terminal Street, Fairbanks, Alaska. There were present: Kathryn Dodge, Presiding Officer and Christopher Quist Van Lawrence Guy Sattley Lance Roberts Andrew M. Gray Matthew Cooper John Davies Shaun Tacke Comprising a quorum of the Assembly, and Karl Kassel, Borough Mayor Jim Williams, Chief of Staff Jill S. Dolan, Borough Attorney Carolyn Yurkovich, Chief Procurement Officer Christine Nelson, Community Planning Director David Gibbs, Emergency Operations Director Sallie Stuvek, Human Resources Director Michael Bork, Parks and Recreation Director Glenn Miller, Transportation Director Wendy Dominique, School Board Representative (arr. 6:45 p.m.) Kellen Spillman, Community Planning Deputy Director Nick Czarnecki, Air Quality Manager Luke Kline, Parks Project Coordinator Nanci Ashford-Bingham, MMC, Borough Clerk April Trickey, CMC, Deputy Borough Clerk Absent & Excused None

2 NONSECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Track 1, 00:28 Presiding Officer Dodge gave a nonsectarian invocation and led the pledge of allegiance. PRESENTATIONS Track 1, 2:30 Mayor Kassel read the Employee of the Month Proclamation, honoring Jennifer Kapla, Documentation Coordinator for the Transportation Department. REQUEST FOR REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ANY OTHER PROCEDURAL MOTIONS Track 1, 5:55 NONE CITIZEN S COMMENTS Track 1, 6:15 a. A citizen may speak on agenda items not scheduled for public hearing. Memorandums, Bid Awards, Unfinished Business (items postponed from previous meetings, reconsideration, or notice of intent to rescind), Resolutions, or Ordinances being advanced to a public hearing on a different date. NONE b. Items that are not scheduled on the agenda. Jerry Evans, resident of the borough and Public Manager for Explore Fairbanks, thanked the assembly for their continued financial support and reported on the professional writers that recently visited the Interior. Helen Renfrew, resident of the borough and representative of Explore Fairbanks, reported on the Week of the Arctic and Arctic Council Ministerial held last May. Jim Hill, resident of the borough, spoke about air pollution within Fairbanks from the numerous tourist busses idling around town. Regular Assembly Meeting Minutes Page 2

3 APPROVAL OF AGENDA AND CONSENT AGENDA Track 1, 24:34 The Clerk read the consent agenda. moved to approve the agenda and consent agenda as read. APPROVAL OF MINUTES Track 1, 24:34 a. Special Assembly Meeting minutes of June 15, Without objection the measure was introduced, read and approved by title only. moved to approve. b. Special Assembly Meeting minutes of June 19, Without objection the measure was introduced, read and approved by title only. moved to approve. c. Regular Assembly Meeting minutes of June 22, Without objection the measure was introduced, read and approved by title only. moved to approve. COMMUNICATIONS TO THE ASSEMBLY Track 1, 28:06 a. RFP Award: RFP Number Central Recycling Facility Transportation and Purchase and/or Sale of Recyclables Regular Assembly Meeting Minutes Page 3

4 COMMUNICATIONS TO THE ASSEMBLY continued Approval of Lot One, Lot Two and Lot Five of the proposal submitted by Westrock CP, LLC in the amount of $60, for the initial two-year period and a total of $120, if the one two-year renewal option is exercised. Carolyn Yurkovich, Chief Procurement Officer, gave a staff report. LAWRENCE, Seconded by GRAY moved to approve RFP Central Recycling Facility Transportation and Purchase and/or Sale of Recyclables, Approval of Lot One, Lot Two and Lot Five of the proposal submitted by Westrock CP, LLC in the amount of $60, for the initial two-year period and a total of $120, if the one two-year renewal option is exercised. Seconded by LAWRENCE moved to amend to insert the word estimated before amount of $60, and estimated before total of 120, VOTE ON MOTION TO APPROVE RFP CENTRAL RECYCLING FACILITY TRANSPORTATION AND PURCHASE AND/OR SALE OF RECYCLABLES, APPROVAL OF LOT ONE, LOT TWO AND LOT FIVE OF THE PROPOSAL SUBMITTED BY WESTROCK CP, LLC IN THE ESTIMATED AMOUNT OF $60, FOR THE INITIAL TWO-YEAR PERIOD AND AN ESTIMATED TOTAL OF $120, IF THE ONE TWO-YEAR RENEWAL OPTION IS EXERCISED, AS AMENDED. Quist, Gray, Tacke, Cooper, Sattley, Davies, Lawrence, Dodge Roberts 8 Yeses, 1 Noes b. Sole Course Contract: Rave Mobile Safety Approval of a Sole Source contract for Rave Mobile Safety (Rave) in the amount of $35, for the initial contract period and $167, if the four (4) oneyear renewal options are exercised. Regular Assembly Meeting Minutes Page 4

5 COMMUNICATIONS TO THE ASSEMBLY continued Without objection the measure was introduced, read and approved by title only. moved to approve a Sole Source contract for Rave Mobile Safety (Rave) in the amount of $35, for the initial contract period and $167, if the four (4) oneyear renewal options are exercised. MESSAGES FROM THE BOROUGH MAYOR This item was not heard due to time constraints. REPORTS OF SPECIAL AND STANDING COMMITTEES This item was not heard due to time constraints. REPORTS FROM REPRESENTATIVES Track 2, 00:31 a. Report from the City of Fairbanks Representative. NONE b. Report from the City of North Pole Representative. NONE c. Report from the School Board Representative. School Board member Wendy Dominique reported: There are several new principals coming to the district this year. School starts on August 17, Regular Assembly Meeting Minutes Page 5

6 SPECIAL ORDERS PUBLIC HEARING a. Liquor License Transfer Restaurant/Eating Place License # 2985 From: Pagoda Chinese Restaurant 431 N. Santa Claus Lane North Pole, AK To: Steven and Julie Moody DBA: Moody Brews BBQ & Catering 211 Cross Way North Pole, AK Track 2, 1:26 Jim Williams, Chief of Staff, gave a staff report. The Presiding Officer called for public testimony, there being none public hearing was closed. TACKE, Seconded by COOPER moved to file no protest against Liquor License #2985 Transfer Restaurant/Eating Place. VOTE ON MOTION TO FILE NO PROTEST AGAINST LIQUOR LICENSE #2985 TRANSFER RESTAURANT/EATING PLACE. Tacke, Roberts, Davies, Cooper, Quist, Sattley, Gray, Lawrence, Dodge None 9 Yeses, 0 Noes Assemblymember Tacke declared a possible conflict of interest with the following marijuana license public hearing items. Mr. Tacke is part owner of a company which has an interest in marijuana cultivation facilities and retail stores. These facilities could potentially be a vendor for his company in the future. The Chair ruled a conflict did exist and Mr. Tacke was excused from the dais. b. Marijuana License New Retail Store License #10589 Natures Releaf, LLC DBA: Natures Releaf, LLC th Avenue Fairbanks, AK Track 2, 3:25 Regular Assembly Meeting Minutes Page 6

7 PUBLIC HEARING continued Jim Williams, Chief of Staff, gave a staff report. The Presiding Officer called for public testimony. Barbara Paschall, resident of the borough and applicant, spoke in support of the license and answered questions of the assembly. Kelley Paschall, resident of the borough and applicant, spoke on the focus of their store for medical marijuana for pain relief and cancer patients. The Presiding Officer called for further public testimony, there being none public hearing was closed. LAWRENCE, moved to file no protest against Marijuana License #10589 New Retail Store. VOTE ON MOTION TO FILE NO PROTEST AGAINST MARIJUANA LICENSE #10589 NEW RETAIL STORE. Cooper, Quist, Davies, Gray, Sattley, Lawrence, Dodge Roberts 7 Yeses, 1 Noes c. Marijuana License New Limited Cultivation Facility License #12289 Carol Bolt, Dave Mullis, Kerri Mullis DBA: Raven Buds 2441 Lawlor Rd, Cabin C Fairbanks, AK Track 2, 24:10 Jim Williams, Chief of Staff, gave a staff report. The applicants have an outstanding property tax bill. The Presiding Officer called for public testimony. Kerri Mullis and Carol Bolt, residents of the borough and applicants, stated they have funds to pay the back taxes tomorrow morning. Regular Assembly Meeting Minutes Page 7

8 PUBLIC HEARING continued The Presiding Officer called for further public testimony, there being none public hearing was closed. Discussion ensued regarding the Assembly s options to address the application and taxes owed. Seconded by LAWRENCE moved to postpone License #12289 until 12:00 p.m. on July 28, VOTE ON MOTION TO POSTPONE MARIJUANA LICENSE #12289 NEW LIMITED CULTIVATION FACILITY. Davies, Sattley, Roberts, Gray, Quist, Cooper, Lawrence, Dodge None 8 Yeses, 0 Noes d. Marijuana License New Limited Cultivation Facility License #12830 Nadia Ispas DBA: Arcticanna 756 Davenny Drive Fairbanks, AK Track 2, 41:09 Jim Williams, Chief of Staff, gave a staff report. The Presiding Officer called for public testimony, there being none public hearing was closed. DAVIES, Seconded by LAWRENCE moved to file no protest against Marijuana License #12830 New Limited Cultivation Facility. Regular Assembly Meeting Minutes Page 8

9 PUBLIC HEARING continued VOTE ON MOTION TO FILE NO PROTEST AGAINST MARIJUANA LICENSE #12830 NEW LIMITED CULTIVATION FACILITY. Quist, Gray, Cooper, Sattley, Davies, Lawrence, Dodge Roberts 7 Yeses, 1 Noes e. Marijuana License New Standard Cultivation Facility License #12328 AK Aurora Blooms, LLC DBA: AK Aurora Blooms, LLC 2693 Arla Street Fairbanks, AK Track 2, 43:10 Jim Williams, Chief of Staff, gave a staff report. The Presiding Officer called for public testimony. Branden Roybal, resident of the borough and applicant, spoke in support of the license and answered questions of the assembly. The Presiding Officer called for further public testimony, there being none public hearing was closed. DAVIES, Seconded by LAWRENCE moved to file no protest against Marijuana License #12328 New Standard Cultivation Facility. VOTE ON MOTION TO FILE NO PROTEST AGAINST MARIJUANA LICENSE #12328 NEW STANDARD CULTIVATION FACILITY. Sattley, Davies, Gray, Cooper, Quist, Lawrence, Dodge Roberts 7 Yeses, 1 Noes PUBLIC HEARING continued Regular Assembly Meeting Minutes Page 9

10 PUBLIC HEARING continued Assemblymember Davies declared a possible conflict of interest with Marijuana License # Mr. Davies is friends with applicant Robert Mikol, and has employed Mr. Mikol in the past. The Chair ruled Mr. Davies had no personal or financial interest in this application and therefore a conflict did not exist. f. Marijuana License New Standard Cultivation Facility License #10481 Robert Mikol DBA: Goldhill Gardens 2941 C Goldhill Road Fairbanks, AK Track 2, 47:18 Jim Williams, Chief of Staff, gave a staff report. The Presiding Officer called for public testimony. Robert Mikol, resident of the borough and applicant, spoke in support of the licenses and answered questions of the assembly. The Presiding Officer called for further public testimony, there being none public hearing was closed. LAWRENCE, Seconded by GRAY moved to file no protest against Marijuana License #10481 New Standard Cultivation Facility. VOTE ON MOTION TO FILE NO PROTEST AGAINST MARIJUANA LICENSE #10481 NEW STANDARD CULTIVATION FACILITY. Gray, Cooper, Sattley, Quist, Davies, Lawrence, Dodge Roberts 7 Yeses, 1 Noes Assemblymember Tacke returned to the dais. g. ORDINANCE NO An Ordinance Repealing The Vision Fairbanks Downtown Plan As An Element Of The FNSB Regional Comprehensive Plan. (Sponsor: Mayor Kassel) Track 2, 51:04 Regular Assembly Meeting Minutes Page 10

11 PUBLIC HEARING continued Christine Nelson, Community Planning Director, gave a staff report. The Presiding Officer called for public testimony. David van den Berg, resident of the borough and representative of the Downtown Association spoke in opposition to Ordinance No Chris Miller, resident of the borough and President of the Downtown Association of Fairbanks, spoke in support of Ordinance No The Presiding Officer called for further public testimony, there being none public hearing was closed. LAWRENCE, Seconded by TACKE moved to adopt Ordinance No moved to amend Line 9 by inserting partially before repealing ; and amend Line 53 by adding an additional whereas clause: Whereas, the Vision Fairbanks Guiding Principles and Community Goals should continue as an element of the Comprehensive Plan ; and amend Line 61 by inserting excluding the Guiding Principles and Community Goals stated on Page 5 of the Vision Fairbanks plan. VOTE ON MOTION TO AMEND LINES 9, 53 AND 61. MOTION FAILED Cooper, Quist, Davies, Dodge Tacke, Roberts, Gray, Sattley, Lawrence 4 Yeses, 5 Noes Regular Assembly Meeting Minutes Page 11

12 PUBLIC HEARING continued VOTE ON MOTION TO ADOPT ORDINANCE NO SATTLEY, Seconded by ROBERTS Roberts, Tacke, Gray, Sattley, Cooper, Lawrence Quist, Davies, Dodge 6 Yeses, 3 Noes moved to immediately reconsider Ordinance No VOTE ON MOTION TO IMMEDIATELY RECONSIDER ORDINANCE NO MOTION FAILED Dodge Davies, Sattley, Roberts, Gray, Tacke, Quist, Cooper, Lawrence 1 Yeses, 8 Noes h. ORDINANCE NO B. An Ordinance Amending The FY Budget By Appropriating $2,357,850 In Federal Pass-Through Grant Funding To The Transit Enterprise Projects Fund For The Voluntary Removal, Replacement And Repair (Wood Stove Change-Out) Program. (Sponsor: Mayor Kassel) Track 3, 47:50 Glenn Miller, Transportation Director, and Nick Czarnecki, Air Quality Manager, gave a staff report. The Presiding Officer called for public testimony, there being none public hearing was closed. LAWRENCE, moved to adopt Ordinance No B. Regular Assembly Meeting Minutes Page 12

13 PUBLIC HEARING continued VOTE ON MOTION TO ADOPT ORDINANCE NO B. Sattley, Davies, Roberts, Tacke, Gray, Cooper, Quist, Lawrence, Dodge None 9 Yeses, 0 Noes i. ORDINANCE NO C. An Ordinance Amending The FY Budget By Appropriating $289,300 In Federal Grant Funding From The Surface Transportation Block Grant Program, $2,000,000 In Federal Grant Funding From The Alaska Federal Lands Access Program, And $227,244 In Local Matching Funds From The General Fund Fund Balance To The Capital Projects Fund For Planning, Design, And Construction Of The South Lathrop Street Extension For The Tanana River Recreation Area Access Improvements Project Located Within The Tanana Lakes Recreation Area. (Sponsor: Mayor Kassel) Track 3, 56:05 Luke Kline, Parks Project Coordinator, and Kellen Spillman, Community Planning Deputy Director, gave a staff report. The Presiding Officer called for public testimony, there being none public hearing was closed. DAVIES, Seconded by TACKE moved to adopt Ordinance No C. VOTE ON MOTION TO ADOPT ORDINANCE NO C. Gray, Cooper, Sattley, Quist, Davies, Tacke, Lawrence, Dodge Roberts 8 Yeses, 1 Noes j. ORDINANCE NO D. An Ordinance Amending The FY Budget By Appropriating $334,950 In Federal Grant Funding To The Special Revenue Fund To Develop A Sub-Area Plan For The Non-Military Land In The Salcha-Badger Road Area Near Eielson Air Force Base. (Sponsor: Mayor Kassel) Track 4, 00:01 Regular Assembly Meeting Minutes Page 13

14 PUBLIC HEARING continued Kellen Spillman, Community Planning Deputy Director, gave a staff report. The Presiding Officer called for public testimony, there being none public hearing was closed. LAWRENCE, Seconded by COOPER moved to adopt Ordinance No D. VOTE ON MOTION TO ADOPT ORDINANCE NO D. Tacke, Davies, Cooper, Quist, Sattley, Gray, Lawrence, Dodge Roberts 8 Yeses, 1 Noes CONSIDERATION OF CALENDAR Unfinished Business a. ORDINANCE NO A. An Ordinance Amending The FY Budget By Appropriating Up To An Additional $3,000,000 To Education. (Sponsors: Assemblymembers Cooper and Lawrence) Track 4, 6:32 Clerk s Note: There is a motion is on the floor to adopt from June 22, 2017, made by Mr. Cooper and seconded by Mr. Lawrence. Ordinance Sponsor, Mr. Cooper, recommended defeat of this ordinance. VOTE ON MOTION TO ADOPT ORDINANCE NO A. MOTION FAILED None Davies, Sattley, Roberts, Gray, Tacke, Quist, Cooper, Lawrence, Dodge 0 Yeses, 9 Noes CITIZEN S COMMENTS Limited To Three (3) Minutes (Continuation if needed) NONE a. items that are not scheduled for public hearing continuation. Regular Assembly Meeting Minutes Page 14

15 CONSIDERATION OF CALENDAR New Business Resolutions Assemblymember Tacke declared a possible conflict of interest with Resolution No Mr. Tacke is part owner of a company which has an interest in marijuana cultivation facilities. The Chair ruled a conflict did exist and Mr. Tacke was excused from the dais. a. RESOLUTION NO A Resolution Approving Information Of A Strictly Factual Nature Pertaining To The Initiative Seeking To Add A New Chapter To FNSBC Title 9 Prohibiting Marijuana Businesses Inside The Borough In The Area Outside Of The Cities. (Sponsor: FNSB Assembly) Nanci Ashford-Bingham, Borough Clerk, gave a staff report. Track 4, 8:45 LAWRENCE, Seconded by GRAY moved to adopt Resolution No VOTE ON MOTION TO ADOPT RESOLUTION NO Cooper, Quist, Davies, Roberts, Gray, Sattley, Lawrence, Dodge None 8 Yeses, 0 Noes Assemblymember Tacke returned to the dais. b. RESOLUTION NO A Resolution Providing Comments To The Alaska State Department Of Commerce, Community, And Economic Development Regarding Proposed Regulation Changes To The Community Assistance Program. (Sponsors: Assemblymember Dodge and Mayor Kassel) Track 1, 24:34 Without objection the measure was read and approved by title only. moved to adopt Resolution No CONSIDERATION OF CALENDAR New Business Ordinances To Be Referred To Committees Or Commissions NONE Regular Assembly Meeting Minutes Page 15

16 CONSIDERATION OF CALENDAR New Business Ordinances To Be Introduced And Advanced To Public Hearing Track 1, 24:34 a. ORDINANCE NO An Ordinance Rezoning Lot 2, Tanana Chiefs Medical Center Subdivision And Tract L, ASLS From Single-Family Residential 10 (SF-10) To General Commercial (GC) Or Other Appropriate Zone (Located South Of Eagan Avenue And West Of Lathrop Street) (RZ ). (Sponsor: Mayor Kassel) Without objection the measure was introduced, read and approved by title only. moved to refer to the Committee of the Whole on August 3, 2017; Advance to August 10, 2017 for Public Hearing. b. ORDINANCE NO E. An Ordinance Amending The FY Budget By Appropriating $1,742,800 In Federal And State Grant Funds, And $97,100 From Transit Enterprise Fund Unrestricted Net Position To Acquire Four New Transit Busses. (Sponsor: Mayor Kassel) Without objection the measure was introduced, read and approved by title only. moved to refer to the Finance Committee on August 3, 2017; Advance to August 10, 2017 for Public Hearing. c. ORDINANCE NO F. An Ordinance Amending The FY Budget By Appropriating $4,111,500 From The Solid Waste Collection District Fund Fund Balance To The Capital Projects Fund For Transfer Sites Major Maintenance & Improvements. (Sponsor: Mayor Kassel) Without objection the measure was introduced, read and approved by title only. moved to refer to the Finance Committee on August 3, 2017; Advance to August 10, 2017 for Public Hearing. Regular Assembly Meeting Minutes Page 16

17 CITIZEN S COMMENTS Limited To Three (3) Minutes (Continuation if needed) Track 4, 16:45 NONE b. Items other than those appearing on the agenda (this is the section to speak on anything Not Scheduled on the agenda). EXECUTIVE SESSION Track 4, 17:10 Sallie Stuvek gave a staff report regarding collective bargaining. Seconded by GRAY moved to go into executive session to discuss matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the Borough. Specifically, the purpose of the executive session is to meet with the Borough s chief spokesperson, mayor, and borough attorney in order to exchange and discuss proposed/suggested goals related to upcoming labor management negotiations. VOTE ON MOTION TO GO INTO EXECUTIVE SESSION. Quist, Gray, Tacke, Cooper, Sattley, Roberts, Davies, Lawrence, Dodge None 9 Yeses, 0 Noes The Assembly came out of Executive Session at approximately 11:20 p.m. SUSPENSION OF THE RULES Track 5, 00:08 Seconded by TACKE moved to suspend the rules to complete the executive session. Regular Assembly Meeting Minutes Page 17

18 SUSPENSION OF THE RULES continued VOTE ON MOTION TO SUSPEND THE RULES TO COMPLETE THE EXECUTIVE SESSION. Davies, Roberts, Tack, Gray, Cooper, Quist, Lawrence, Dodge Sattley 8 Yeses, 1 Noes EXECUTIVE SESSION Track 5 1:15 LAWRENCE, Seconded by TACKE moved to go back into executive session for the purposes which were originally stated. The Assembly came out of Executive Session at approximately 11:52 p.m. Seconded by LAWRENCE moved to adjourn to July 28, 2017 at 12:00 p.m. ASSEMBLYMEMBER S COMMENTS This item was not heard due to time constraints. ADJOURNED Regular Assembly Meeting Minutes Page 18

19 The Fairbanks North Star Borough Assembly regular assembly meeting was adjourned at 11:48 p.m. to 12:00 p.m. on July 28, ATTEST: Kathryn Dodge Presiding Officer Nanci Ashford-Bingham, MMC Borough Clerk APPROVED: August 24, 2017 Regular Assembly Meeting Minutes Page 19