Assembly - Regular

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z. J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes for Regular Meeting of September 14, 2010 1. CALL TO ORDER The Regular Assembly meeting of September 14,2010 was convened by Chair Traini at 5:00p.m. 2. ROLL CALL A Quorum was achieved with 10 Assemblymembers present. PRESENT: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. EXCUSED: Starr. 3. PLEDGE OF ALLEGIANCE Ms. Ossiander led the pledge. Clerk's Note: Mr. Starr arrived shortly after the meeting started. 4. MINUTES OF PREVIOUS MEETINGS 4.A. Regular Meeting -August 17, 2010. Johnston moved, to accept the Regular Meeting minutes of August 17, 2010. Honeman seconded, and this motion did not come to a vote. Clerk's Note: Minutes were tabled until September 28, 2010. 5. MAYOR'S REPORT 6. ASSEMBLY CHAIR'S REPORT BRENDON HAYHURST, Troop 104, Star Scout, appeared. JASON HAYHURST, Troop 104, Second class, appeared. JOELLEN WALTERS, Troop 56, Girl Scout, appeared. 7. COMMITTEE REPORTS 8. ADDENDUM TO AGENDA Ossiander moved, to incorporate the Addendum into the Agenda. Honeman seconded, DAN SULLIVAN, Mayor, spoke. DENNIS WHEELER, Municipal Attorney, spoke. and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. 9. CONSENT AGENDA Flynn moved, to approve the Consent Agenda with the exception of items Ossiander seconded, 9A 1, 9.D.4, 9.E.1.A, and 9.E.3 which were pulled for further discussion and separate vote. and this motion was passed, 11-0. AYES Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. DAN SULLIVAN, Mayor, spoke. GAYLE MATHIESEN, Sister Cities Commission, spoke.  Page 2 of 10 DR. REGINA CHRISTINE SUTTON CHENNAULT, Emergency Medical Service Board, spoke. ROBERT STEWART, Sister Cities Commission, spoke. 9.A. RESOLUTIONS FOR ACTION- PROCLAMATIONS AND RECOGNITIONS 9A 1. Resolution No. AR 2010-266, a resolution of the Anchorage Municipal Assembly recognizing September 25, 2010 as Safe Medicine Awareness and Disposal Day in Alaska, Mayor Dan Sullivan and Assemblymembers Birch, Drummond, Flynn, Gray- Jackson, Gutierrez, Hall, Honeman, Johnston, Ossiander, Starr, Traini. (addendum) Gutierrez moved, to approve AR 2010-266 Ossiander seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. Mr. Flynn read the resolution and Mr. Gutierrez presented the resolution. MARY SULLIVAN, Seniors Behavioral Health Coalition, spoke. 9.8. RESOLUTIONS FOR ACTION -OTHER 9.B. 1. Resolution No. AR 2010-256, a resolution of the Anchorage Municipal Assembly stating its protest regarding a transfer of ownership of a Restaurant Eating Place Liquor License # 4517 and Restaurant Designation Permit for Sushi Spot, Inc dba Peter's Sushi Spot, located at 3020 Minnesota Drive Unit 6 and 7, and authorizing the Municipal Clerk to take certain action, Assembly Chair Traini, Vice-Chair Flynn and Assembly Public Safety Committee Chair Honeman. 9.B.2. Resolution No. AR 2010-257, a resolution of the Anchorage Municipal Assembly stating its protest regarding a new recreational Site Liquor License #5004 for the Alaska Club, Inc. dba The Summit, located at 11001 O'Malley Centre Drive, and authorizing the Municipal Clerk to take certain action, Assembly Chair Traini, Vice-Chair Flynn and Assembly Public Safety Committee Chair Honeman. 9.B.3. Resolution No. AR 2010-258, a resolution of the Anchorage Municipal Assembly stating its protest regarding a new Restaurant Eating Place Liquor License #5003 and Restaurant Designation Permit for Midnight Moon Company, Inc. dba Kaladi Brothers Coffee Co., located at 3800 Centerpoint Drive Suite 101, and authorizing the Municipal Clerk to take certain action, Assembly Chair Traini, Vice-Chair Flynn and Assembly Public Safety Committee Chair Honeman. 9.BA. Resolution No. AR 2010-259, a resolution of the Municipality of Anchorage providing for $76,524 from the State of Alaska, Department of Education, Division of State Libraries to the Anchorage Public Library, State Grants Fund (231) for the Ready to Read Resource Center Grant, State Grants Fund (231 ), Library. 9.B.4. a) Assembly Memorandum No. AM 479-2010 9.B.5. Resolution No. AR 2010-260, a resolution of the Municipality of Anchorage providing for $66,442 from the State of Alaska, Institute of Museum and Library Services, Division of State Libraries to the Anchorage Public Library, State Grants Fund (231 ), to the 800# Interlibrary Loan and Reference Backup Services Grant, Library. 9.8.5. a) Assembly Memorandum No. AM 480-2010. 9.B.6. Resolution No. AR 2010-265, a resolution appropriating $75,000 from the re-appropriated legislative grants from the State of Alaska Senate Bill 230 to the Project Management and Engineering Department in the Anchorage Roads and Drainage Service Area Capital Improvement Program Fund (441) for the Anchorage Scenic Park Subdivision Area Curb Replacement Project and appropriating $4,481 from the re-appropriated legislative grants from the State of Alaska Senate Bill 230 to the Library Department in the State Direct/Federal Pass Through Fund (231) for book acquisition at the Chugiak-Eagle River Library, Office of Management & Budget 9.B.6. a) Assembly Memorandum No. AM 486-2010. 9.C. BID AWARDS 9.C. 1. Assembly Memorandum No. AM 485-2010, recommendation of award to Sterling Western Star of Alaska to furnish transfer tractors and trailers to the Municipality of Anchorage, Solid Waste Services (SWS) (ITB 2010B043) ($817,257), Purchasing Department 9.C.2. Assembly Memorandum No. AM 491-2010, recommendation of award to Yukon  Page 3 of 10 Equipment, Inc. to furnish an off-road articulating end dump truck to the Municipality of Anchorage, Solid Waste Services (SWS) (ITB 2010B044) ($532,568), Purchasing Department. 9.0. NEW BUSINESS 9.0.1. Assembly Memorandum No. AM 487-2010, Emergency Medical Service Board appointments (Regina Christine Sutton Chennault, MD, and David Holsman), Mayor's Office. 9.D.2. Assembly Memorandum No. AM 488-2010, Sister Cities Commission appointments (Robert B. Stewart and Gayle Mathiesen), Mayor's Office. 9.0.3. Assembly Memorandum No. AM 489-2010, proprietary purchase of computer software licensing and maintenance support from New Dawn Technologies for the Municipality of Anchorage, Information Technology Department (ITO) ($31 ,444.87), Purchasing Department. 9.0.4. Assembly Memorandum No. AM 490-2010, Utility Relocation Agreement with Chugach Electric Association Inc. (CEA), for Van Buren Street/48th Avenue Area Circulation and Access Improvements, Project Management & Engineering (PM&E) Project No. 06-13 ($130,000), Project Management & Engineering. Gutierrez moved, to approve AM 490-2010 Honeman seconded, JERRY HANSEN, Project Manager, Project Management and Engineering, spoke. and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. DAN SULLIVAN, Mayor, spoke. 9.D.5. Assembly Memorandum No. AM 494-2010, cooperative purchase to Network Business Systems (NBS) to furnish two Net.App Storage Systems to the Municipality of Anchorage, Information Technology Department ($210,098), Purchasing. (addendum) 9.D.6. Assembly Memorandum No. AM 495-2010, recommendation of award to lnterloc Solutions Inc. to provide a computerized maintenance management system for the Municipality of Anchorage, Municipal Light & Power (ML&P) (RFP 2010-P004) ($795,000), Purchasing. (addendum) 9.D.7. Assembly Memorandum No. AM 497-2010, Change Order No.9 to Purchase Order No. 231254 with Magellan Behavioral Health, Inc. to provide Employee Assistance Program services to the Municipality of Anchorage, Employee Relations Department ($83,477.35), Purchasing. (addendum) 9.0.8. Assembly Memorandum No. AM 499-2010, proprietary purchase to SirsiDynix to furnish a Telephone Messaging System to the Municipality of Anchorage, Anchorage Municipal Library (AML) ($35, 159), Purchasing. (Laid on the Table) 9.E. INFORMATION AND REPORTS 9.E.1. Information Memorandum No. AIM 97-2010, Internal Audit Report 2010-08- Billings and Collections, Department of Health and Human Services. 9.E.1. a) Information Memorandum No. AIM 97-201 O(A), Internal Audit Report 2010-08- Billings and Collections, Department of Health and Human Services. {addendum) Gray-Jackson moved, to accept AIM 97-2010 Honeman seconded, and this motion did not come to a vote. Gray-Jackson moved, to postpone acceptance until the Regular Assembly Meeting Ossiander seconded, of September 28, 2010. and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. 9.E.2. Information Memorandum No. AIM 98-2010, Construction Contract Change Order Report of the Project Management & Engineering Department (PM&E), Project Management &  Page 4 ofiO Engineering. 9.E.3 Information Memorandum NO. AIM 100-2010, Report & Recommendation on AO 2010- 58 (S) Downtown Improvement District Special Assessment District 1sd97, Municipal Manager. Flynn moved, to accept AIM 100-2010 Ossiander seconded, and this motion was passed, 11-0. AYES: Gutierrez, Honeman, Hall, Starr, Flynn, Traini, Ossiander, Gray-Jackson, Johnston, B'~rch and Drummond. NAYS None. Flynn moved, to link AIM 100-2010 to item 14M Ossiander seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. 9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 9.F.1. Ordinance No. AO 2010-64, an ordinance amending Anchorage Municipal Code Sections 3.20.010 and 3.20.070 to restructure Planning, Development Services and Community Planning & Development within the Executive Branch, Department of Law. P.H. 9-28-10. 9.F.1. a) Assembly Memorandum No. AM 492-2010. 9.F.2. Resolution No. AR 2010-261, a resolution appropriating a grant in the amount of $105,737 from State of Alaska, Department of Transportation, to State Categorical Grants (Fund 231) for a Traffic Safety Resource Prosecutor, Department of Law. P.H. 9-28-10. 9.F.2. a) Assembly Memorandum No. AM 481-2010. 9.F.3. Resolution No. AR 2010-262, a resolution of the Municipality of Anchorage approving the purchase of Lot 32A, Block 10, Alaska Industrial Subdivision from the State of Alaska for $420,000, and appropriating from the Heritage Land Bank Fund Balance (221) to the 2010 HLB Operating Budget $20,000 as a contribution to the HLB Capital Fund (421) for purchase of the property from the State of Alaska via a five year land sale contract, Heritage Land Bank. P.H 9-28-10. 9.F.3. a) Assembly Memorandum No. AM 482-2010. 9.F.4. Resolution No. AR 2010-263, a resolution appropriating, when tendered, $111,731 from the United States Department of the Interior Geological Survey (USGS) grant to Merrill Field's Operating Fund (580) for the continued use of 1209 Orca Street as the USGS Hydrologic Resource Center, Merrill Field Airport. P H. 9-28-10. 9.F.4. a) Assembly Memorandum No. AM 483-2010. 9.F.5. Resolution No. AR 2010-264, a resolution appropriating $1,217,340 to the Port of Anchorage (Fund 571) as a grant from the Department of Homeland Security FEMA for Security Modernization as part of the 2010 Port Security Grant Program, Port of Anchorage. P.H. 9-28-10. 9.F.5. a) Assembly Memorandum No. AM 484-2010. 9F6. Resolution No. AR 2010-267, a resolution accepting a grant of $2,000,000 from the Alaska Energy Authority and appropriating to the Solid Waste Disposal Utility Capital Improvements Fund (563) for development of a Landfill Gas-to-Energy Project at the Anchorage Regional Landfill by the Solid Waste Services Department. P.H 9-28-10. (addendum) 9F6. a) Assembly Memorandum No. AM 496-2010. 10. REGULAR AGENDA 10.A. RESOLUTIONS FOR ACTION- PROCLAMATIONS AND RECOGNITIONS 10.B. RESOLUTIONS FOR ACTION- OTHER 10.C. BID AWARDS 10.D. NEW BUSINESS 10.E. INFORMATION AND REPORTS  Page 5 of tO 10.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING 11.A. Assembly Memorandum No. AM 471-2010, sole source purchase to provide Self- Contained Breathing Apparatus (SCBA) and unit upgrades from Draeger for the Municipality of Anchorage, Anchorage Fire Department (AFD) ($1,543,789.10), Purchasing. (POSTPONED FROM 8-31-10) 11.A.1. Assembly Memorandum No. AM 471-2010(A), sole source purchase to provide Self-Contained Breathing Apparatus (SCBA) and unit upgrades from Draeger for the Municipality of Anchorage, Anchorage Fire Department (AFD) ($1 ,543, 789.1 0), Purchasing. (addendum) Ossiander moved, to substitute 471-2010(A). Honeman seconded, GEORGE VAKALIS, Municipal Manager, spoke. and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. 11.B. Ordinance No. AO 2010-54, an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Section 1.15.035 to provide additional restrictions on the employment of elected officials for one year after leaving municipal service, Assemblymembers Gray-Jackson, Drummond and Gutierrez. 11.B.1. Assembly Memorandum No. AM 456-2010. (PUBLIC HEARING WAS CLOSED 8-17-10; ACTION WAS POSTPONED FROM 8-17-10 AND 8-31-10) 11.B.2. Ordinance No. AO 201 0-54(S), an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Section 1.15.035 to provide additional restrictions on the employment of elected officials for one year after leaving municipal service, Assemblymembers Gray-Jackson, Drummond and Gutierrez. (addendum) 11.8.3. Assembly Memorandum No. AM 498-2010. Gray-Jackson moved, to substitute AO 2010-54 (S) Gutierrez seconded, and this motion was passed, 6-5. AYES Gutierrez, Honeman, Flynn, Gray-Jackson, Birch and Drummond. NAYS: Hall, Starr, Traini, Ossiander and Johnston. JULIA TUCKER, Assembly Counsel, spoke. FRED KALTENBACH, Purchasing Officer, Purchasing Department, spoke. Flynn moved, to amend AO 201 0-54(S) and delete on Page 1 Line 30 Gutierrez seconded, through 32. FRED KALTENBACH, Purchasing Officer, Purchasing Department, spoke. and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS None. DENNIS WHEELER, Municipal Attorney, spoke. JULIA TUCKER, Assembly Counsel, spoke. Gray-Jackson moved, to approve AO 2010-54(S) as amended. Honeman seconded, and this motion was passed, 6-5. AYES: Drummond, Birch, Gray-Jackson, Flynn, Honeman and Gutierrez. NAYS: Johnston, Traini, Starr, Hall and Ossiander.  Page 6 of 10 Gray-Jackson moved, to reconsider AO 2010-54(S) Drummond seconded, and this motion failed, 1-9-1. AYES: Ossiander. NAYS: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall and Gutierrez. EXCUSED Honeman. 12. APPEARANCE REQUESTS 13. CONTINUED PUBLIC HEARINGS 14. NEW PUBLIC HEARINGS 14.A. Ordinance No. AO 2010-59, an ordinance of the Municipality of Anchorage authorizing and providing for the borrowing of Not To Exceed $297,296 from the State of Alaska Clean Water Fund for the purpose of financing a portion of the costs of a landfill capital improvement project at the Anchorage Regional Landfill and providing for related matters, Solid Waste Services. 14A1. Assembly Memorandum No. AM 461-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Johnston moved, to approve AO 2010-59 Ossiander seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. 14.B. Ordinance No. AO 2010-60, an ordinance of the Municipality of Anchorage, Alaska, authorizing the borrowing and accepting, from the State of Alaska Drinking Water Fund, an aggregate amount Not To Exceed $19,297,300 for the purpose of financing a portion of the costs of various AWWU 2010 Capital Improvement Budget (CIB) Water Improvements Projects and providing for related matters, Anchorage Water and Wastewater Utility. 14.B.1. Assembly Memorandum No. AM 462-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Johnston moved, to approve AO 2010-60 Gutierrez seconded, and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Gutierrez and Ossiander. NAYS: None. EXCUSED: Honeman. 14.C. Ordinance No. AO 2010-62, an ordinance of the Municipality of Anchorage, Alaska, authorizing the borrowing and accepting, from the State of Alaska Clean Water Fund, an aggregate amount Not To Exceed $10,638,447 for the purpose of financing a portion of the costs of various AWWU 2010 Capital Improvement Budget (CIB) Wastewater Improvement Projects and providing for related matters, Anchorage Water and Wastewater Utility. 14.C.1. Assembly Memorandum No. AM 475-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Gutierrez moved, to approve AO 2010-62 Johnston seconded, and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Gutierrez and Ossiander. NAYS: None. EXCUSED Honeman. 14.D. Resolution No. AR 2010-249, a resolution of the Municipality of Anchorage appropriating $636,363 from the U.S. Department of Justice, Office of Justice Programs, Edward Byrne Memorial Justice Assistance Grant, and appropriating $27,208 from the Anchorage Metropolitan Police Service Area Fund (151), Anchorage Police Department 2010 Operating Budget as a contribution to the Federal Grants Fund (241) Anchorage Police Department, for the purpose of underwriting projects to reduce crime and improve public safety, Anchorage Police Department.  Page 7 of 10 14.0.1. Assembly Memorandum No. AM 463-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Gutierrez moved, to approve AR 2010-249 Johnston seconded, and this motion was passed, 10-0-1. AYES Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Gutierrez and Ossiander. NAYS: None. EXCUSED: Honeman. 14.E. Resolution No. AR 2010-250, a resolution appropriating $275,000 from the Ben Boeke Ice Arena Capital Reserve Account in the Anchorage Bowl Parks & Recreation Service Area Capital Improvement (Fund 461) for additional work required in the renovations being performed at Ben Boeke and Dempsey Anderson Ice Arena in the Office of Community Planning and Development, Mayor's Office. 14.E.1. Assembly Memorandum No. AM 466-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Johnston moved, to approve AR 2010-250 Drummond seconded, GEORGE VAKALIS, Municipal Manager, spoke. and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Gutierrez and Ossiander. NAYS: None. EXCUSED Honeman. 14.F. Resolution No. AR 2010-253, a resolution of the Municipality of Anchorage appropriating $1,034,137 when tendered, from the State of Alaska, Department of Health and Social Services and $270,000 from the 2010 General Government Operating Budget, Department of Health and Human Services Areawide General Fund (101) to the State Direct/Federal Pass-Thru Grants Fund (231), for the Human Services Community Matching Grant Program in the Department of Health and Human Services. 14.F.1. Assembly Memorandum No. AM 477-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Johnston moved, to approve AR 2010-253 Flynn seconded, and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Gutierrez and Ossiander. NAYS: None. EXCUSED: Honeman. 14.G. Ordinance No. AO 2010-63, an ordinance amending Anchorage Municipal Code Section 15.20.020 regarding Abatement of Illegal Campsites as public nuisances, Department of Law. 14.G.1 Assembly Memorandum No. AM 476-2010. Chair Traini opened Public Hearing. JEFFERY MITTMAN, President of ACLU, testified. GEORGE VAKALIS, Municipal Manager, spoke. DENNIS WHEELER, Municipal Attorney, spoke. HUGH BROWN testified. Chair Traini closed Public Hearing. Ossiander moved, to approve AO 2010-63 Honeman seconded, DENNIS WHEELER, Municipal Attorney, spoke. Drummond moved, to amend AO 2010-63 to read on page 1 line 33, 10 business Gray-Jackson seconded, days instead of 5 business days page five, line 14, 10 business days instead of two business days.  Page 8 of 10 GEORGE VAKALIS, Municipal Manager, spoke. DENNIS WHEELER, Municipal Attorney, spoke. MARK MEW, Chief, Police Department, spoke. and this motion failed, 4-6-1. AYES: Drummond, Gray-Jackson, Flynn and Gutierrez. NAYS: Birch, Johnston, Traini, Hall, Honeman and Ossiander. EXCUSED: Starr. and this motion was passed, 9-1-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Hall, Honeman, Gutierrez and Ossiander. NAYS: Flynn. EXCUSED: Starr. 14.H. Resolution No. AR 2010-254, a resolution of the Anchorage Municipal Assembly approving a modification to an existing alcoholic beverages conditional use for a package store use and License Number 162 in the B-3 (General Business) District, to add 1,702 square feet to the existing 2,520 square-foot licensed premises, for Liquor Stores USA North, dba Brown Jug- Eagle River; located at 11221 Old Glenn Highway, Suite 2 and Suite 3, Lot 2 Portion, Robert Pippell Subdivision, Addition 1; generally located on the northeast corner of Monte Road and Old Glenn Highway (Eagle River Community Council) (Case 2010-106), Planning Department. 14.H.1. Assembly Memorandum No. AM 478-2010. Chair Traini opened Public Hearing. O.C. MADDEN, Director of Operations, Brown Jug, testified. Chair Traini closed Public Hearing. Ossiander moved, to approve AR 2010-254 Johnston seconded, and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED Starr. 14.1. Ordinance No. AO 2010-56, an ordinance amending the zoning map and providing for the rezoning of approximately 44.23 acres from 1-1 (Light Industrial) District to 1-2 (Heavy Industrial) District for Tract 2, International Industrial Center Subdivision; generally located south of International Airport Road, east of Minnesota Boulevard and west of the Alaska Railroad Tracks (Taku Campbeii/Spenard Community Councils; Planning and Zoning Commission Case 201 0-028), Planning Department. 14.1.1. Assembly Memorandum No. AM 434-2010. Chair Traini opened Public Hearing. DENISE STRAUSS, testified. JERRY WEAVER, Director, Planning Department, spoke. RONALD JORDAN, President, Taku/Campbell Community Council, testified. PHIL STEYER, Chugach Electric Company. Chair Traini closed Public Hearing. Flynn moved, to approve AO 2010-56 Honeman seconded, and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Starr. 14.J. Ordinance No. AO 2010-57, an ordinance amending the zoning map and providing for the rezoning of approximately 3.31 acres from B-3 (General Business) District to 1-1 (Light Industrial) District for Lots 2, 3A and 4A, Nacla Subdivision; generally located east of the  Page 9 of 10 Seward Highway Frontage Road, west of Sandlewood Place, and north of East Dimond Boulevard (Abbott Loop Community Council; Planning and Zoning Commission Case 2010- 042), Planning Department. 14.J.1. Assembly Memorandum No. AM 435-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Ossiander moved, to approve AO 2010-57 Honeman seconded, and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED Starr. 14.K. Ordinance No. AO 2010-61, an ordinance amending Anchorage Municipal Code Section 26.70.030, Use of Municipal Collection Service Required, to provide a qualified exemption when the service level established by Municipal Code within the service area cannot be accommodated by the Department of Solid Waste Services, Assembly Vice-Chair Flynn. 14K 1. Assembly Memorandum No. AM 465-2010. Chair Traini opened Public Hearing. DR STEPHEN HAYCOX, testified. Chair Traini closed Public Hearing. CLERK'S NOTE: AT THE REQUEST OF THE ADMINISTRATION, THE PUBLIC HEARING ON RESOLUTION NO. AR 2010-251 WILL BE CONTINUED TO 9-28-10. 14.L. Resolution No. AR 2010-251, a resolution confirming the 2010 assessment roll and levying special improvements for services on property specially benefited in the Downtown Improvement District, Special Assessment District 1SD97, setting the dates of assessment, and providing for assessment billing, payment due dates, application of payments, delinquency, penalties, interest and costs for delinquency and enforcement for services benefiting the property owners in Special Assessment District 1SD97, Office of Management and Budget. 14.L.1. Assembly Memorandum No. AM 468-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Flynn moved, to postpone AR 2010-251 until the Regular Assembly Honeman seconded, Meeting of September 28, 2010. and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED Starr. CLERK'S NOTE AT THE REQUEST OF THE ADMINISTRATION, THE PUBLIC HEARING ON ORDINANCE NO. AO 2010-58 WILL BE CONTINUED TO 9-28-10. 14.M. Ordinance No. AO 2010-58, an ordinance of the Anchorage Municipal Assembly geographically expanding Assessment District 1SD97, also known as the Downtown Improvement District, as a special assessment district for services within the area of Downtown Anchorage established by Anchorage Ordinance 97-51 to include additional properties to the west as more specifically shown on the attached map of the revised Special Assessment District 1SD97; authorizing the District, as expanded, to continue to provide public improvement services; establishing the basis and method of assessing, allocating and apportioning the cost of services, and the rules and procedures for assessment calculations, billings, penalties, interest costs, application of payments and enforcement of assessments, Assembly Chair Traini. 14.M.1. Assembly Memorandum No. AM 457-2010. 14.M.2. Ordinance No. AO 2010-58(S), an ordinance of the Anchorage Municipal Assembly geographically expanding Assessment District 1SD97, also known as the Downtown Improvement District, as a special assessment district for services within the area of Downtown Anchorage established by Anchorage Ordinance 97-51 to include additional properties to the west as more specifically shown on the attached map of the revised Special Assessment District 1SD97; authorizing the District, as expanded, to continue to provide public improvement services; establishing the basis and method of assessing,  Page 10 of 10 allocating and apportioning the cost of services, and the rules and procedures for assessment calculations, billings, penalties, interest costs, application of payments and enforcement of assessments, Assembly Chair Traini. (addendum) Chair Traini opened Public Hearing. RICH CLINE, Owner, Cline's Tesero, testified. JOHN OPINSKY, testified. GARRET WONG, President of Board, Anchorage Downtown Partnership, testified. STEVE RIBUFFO, Anchorage Downtown Partnership Board, testified Chair Traini closed Public Hearing. Flynn moved, to continue Public Hearing until the Regular Assembly Gutierrez seconded, Meeting of September 28, 2010. and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS None. EXCUSED: Starr. 15. SPECIAL ORDERS 16. UNFINISHED AGENDA 17. AUDIENCE PARTICIPATION 18. ASSEMBLY COMMENTS 19. EXECUTIVE SESSIONS 20. ADJOURNMENT Johnston moved, to adjourn the Regular Assembly Meeting of September 14, Honeman seconded, 2010. and this motion was passed, 10-0-1. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Starr. Chair Traini adjourned the Regular Assembly Meeting at 8:36p.m. --- ATTEST: BARBARA GRUENSTEIN, Municipal Clerk AM/BG View Live Videos of Assembly Meetings, Assembly Agendas and Approved Meeting Minutes online at www.muni.org/assembly. You can also view archived Minutes by selecting 'Passed Legislation' on www.muni.org/assembly oreal/ the Municipal Clerk's Office, 632 West 6th Avenue, Suite 250, Anchorage, Alaska, (907)343-4311)