Assembly - Regular

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z. J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes for Regular Meeting of October 26, 2010 1. CALL TO ORDER The Regular Assembly Meeting of October 26, 2010 was convened by Chair Traini at 5:01 p.m. 2. ROLL CALL A Quorum was achieved with 10 Assemblymembers present. PRESENT: Traini, Ossiander, Gutierrez, Honeman, Hall, Starr, Flynn, Gray-Jackson, Johnston and Birch. EXCUSED: Drummond. 3. PLEDGE OF ALLEGIANCE Dan Sullivan, Mayor, led the pledge. 4. MINUTES OF PREVIOUS MEETINGS 5. MAYOR'S REPORT 6. ASSEMBLY CHAIR'S REPORT 7. COMMITTEE REPORTS 8. ADDENDUM TO AGENDA Honeman moved, to incorporate the Addendum into the Agenda. Gutierrez seconded, and this motion was passed, 10-0-1. AYES: Traini, Ossiander, Gutierrez, Honeman, Hall, Starr, Flynn, Gray-Jackson, Johnston and Birch. NAYS: None. EXCUSED: Drummond. 9. CONSENTAGENDA Honeman moved, to approve the Consent Agenda with the exception of items Flynn seconded, 9.A.1, 9.A.2, 9.B.5, 9.C.1, 9.D.4, and 9.D.6 which were pulled for further discussion and separate vote. and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. 9.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 9.A.1. Resolution No. AR 2010-301, a resolution of the Anchorage Municipal Assembly and honoring Anchorage Firefighter Lawrence Mullen for his professional and service to the community, Assemblymember Honeman, Public Safety Committee Chair, Assemblymembers Gray-Jackson , Gutierrez, Birch, Drummond, Flynn, Hall, Johnston, Ossiander, Starr and Traini. 9.A.1. a) Resolution No. AR 2010-301 (S), a resolution of the Anchorage Municipal Assembly remembering and honoring Anchorage Firefighter Lawrence Mullen for his professionalism and service to the community, Assemblymember Honeman, Public Safety Committee Chair, Assemblymembers Gray-Jackson , Gutierrez, Birch, Drummond, Flynn, Hall, Johnston, Ossiander, Starr and Traini. (Laid on the Table) Gutierrez moved, to approve AR 2010-301 Gray-Jackson seconded, and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. Mr. Gutierrez read the resolution and Mr. Honeman presented the resolution. LYNEE MULLEN spoke. 9.A.2. Resolution No. AR 2010-302, a resolution of the Anchorage Municipal Assembly recognizing and honoring Dorothy (Dot) Watts for her twenty-two years of service to the Municipality of Anchorage, Mayor Dan Sullivan and Assemblymembers Birch, Drummond, Flynn, Gray-Jackson, Gutierrez,  Page 2 of 13 Hall, Honeman, Johnston, Ossiander, Starr and Traini. Honeman moved, to approve AR 2010-302 Gutierrez seconded, and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. Mr. Hall read the resolution and Ms. Gray-Jackson presented the resolution. DOROTHY "DOT" WATTS spoke. 9.8. RESOLUTIONS FOR ACTION -OTHER 9. B.1. Resolution No. AR 2010-303, a resolution of the Anchorage Municipal Assembly stating its protest regarding a new recreational site Liquor License #5009 for Beluga Billiards LLC dba Beluga Billiards, located at 3841 West Dimond Blvd Ste. 200, 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 2010-304, a resolution of the Anchorage Municipal Assembly stating its protest regarding a new restaurant eating place Liquor License #5011 and restaurant designation permit for Tropical Spanish Food dba Tropical Spanish Food, located at 341 Boniface Parkway #B, 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 2010-306, a resolution of the Municipality of Anchorage appropriating $35,900 from the Alaska Mental Health Trust Authority and $789 as a contribution from the 2010 Anchorage Police Operating Budget, Anchorage Metropolitan Police Service Area Fund (151) to the State Grants Fund (231) Anchorage Police Department, for this Crisis Intervention Team Training Grant 9.B.3. a) Assembly Memorandum No. AM 555-2010. 9. BA. Resolution No. AR 2010-312, a resolution of the Municipality of Anchorage appropriating, within the Anchorage Fire Department, $10,000 from the Alaska Department of Environmental Conservation and a contribution of $423 from the Anchorage Fire Service Area Operating Fund (131), Anchorage Fire Department 2010 Operating Budget, to the State Dir/Fed Pass-Thru Grants Fund (231) to maintain the Municipality's oil spill and other hazardous substances response capabilities. 9.B.4. a) Assembly Memorandum No. AM 564-2010. 9.B.5. Resolution No. AR 2010-316, a resolution of the Anchorage Municipal Assembly acknowledging the presence and life/safety risks of a dangerous street drug, requesting retailers and businesses in Anchorage to voluntarily and immediately remove these dangerous products from sale, and supporting efforts to ban these dangerous substances, Assembly Public Safety Committee Chair Honeman and Assemblymember Gutierrez. (addendum) Gutierrez moved, to approve AR 2010-316 Honeman seconded, and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. DENNIS WHEELER, Municipal Attorney, spoke. 9.C. BID AWARDS 9.C.1. Assembly Memorandum No. AM 565-2010, recommendation of award to Alaska Pollution Control, Inc. to provide year round road maintenance services in the Girdwood Valley Service Area for the Municipality of Anchorage, Public Works Department (ITB 2010B054) ($600,000), Purchasing Department Ossiander moved, to approve AM 565-2010 Johnston seconded, and this motion was passed, as amended, 10-0-1. AYES: Traini, Ossiander, Gutierrez, Honeman, Hall, Starr, Flynn, Gray-Jackson, Johnston and Birch. NAYS: None. EXCUSED: Drummond. Ossiander moved, to amend line 14 and replace "2" with "4." Flynn seconded, and this motion was passed, 10-0-1.  Page 3 of 13 AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. Ossiander moved, to amend Line 17 and replace "2" with "4." Gutierrez seconded, and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander NAYS: None. EXCUSED: Drummond. Ossiander moved, to amend Line 17 and replace "$1,800,000" with "$3,000,000." In Johnston seconded, line 22 replace "both" with "all four." In line 23 replace "$1 ,800,000" with "$3,000,000." In line 31 replace "2013" with "2015." In line 31 replace "$1 ,630,000" with "$2,830,000" and in line 32 replace "2013" with "2015." and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. GEORGE VAKALIS, Municipal Manager, spoke. 9.0. NEW BUSINESS 9.0.1. Assembly Memorandum No. AM 566-2010, 2010 Kriner's Diner #5008- Application for a New Restaurant Eating Place Liquor License with a Restaurant Designation (North Star Community Council), Clerk's Office. 9.0.2. Assembly Memorandum No. AM 567-2010, sole source purchase to provide hands free Self- Contained Breathing Apparatus (SCBA) seat brackets from Hughes Fire Equipment, Inc. for the Municipality of Anchorage, Anchorage Fire Department (AFD) ($75,950), Purchasing Department. 9.0.3. Assembly Memorandum No. AM 568-2010. Change Order No.1 to Vendor Contract No. 20100306 for the purchase of second chance Monarch ballistic armor from Northern Security Supply, Inc. for the Municipality of Anchorage, Anchorage Police Department (APD) ($239,250), Purchasing Department. 9.0.4. Assembly Memorandum No. AM 569-2010, proprietary purchase of Oracle Software license updates and support renewal from Oracle Corporation for the Municipality of Anchorage, Information Technology Department (ITO) ($66,082.88), Purchasing Department Johnston moved, to approve AM 569-2010 Ossiander seconded, and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. LUCINDA MAHONEY, Chief Financial Officer, spoke. 9.0.5. Assembly Memorandum No. AM 570-2010, proprietary purchase of library information services from Online Computer Library Center, Inc. (OCLC) for the Municipality of Anchorage, Anchorage Municipal Libraries (AML) ($53,690.46), Purchasing Department. 9.0.6. Assembly Memorandum No. AM 571-2010, sole-source contract award to The Great Land Trust for wetlands mitigation relating to United States Army Corps of Engineers Permit for the Anchorage Police Headquarters Expansion Project, Municipality of Anchorage, Public Works Department, Maintenance and Operations Division ($32,864.14). Ossiander moved, to approve AM 571-2010 Johnston seconded, and this motion was passed, 6-4-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn and Honeman. NAYS: Starr, Hall, Gutierrez and Ossiander. EXCUSED: Drummond. 9.0.7. Assembly Memorandum No. AM 572-2010. Amendment No. 2 to professional engineering services Contract No. 251510 with CRW Engineering Group LLC (CRW) for University Medical (U-MED) District Transit Improvements and Pedestrian Mobility Improvements, RFP 25-P016, Project Management & Engineering (PM&E) Project No. 04-42 ($186,294). 9.0.8. Assembly Memorandum No. AM 573-2010, Change Order No. 1 to Contract C-20100576 with  Page 4 of 13 SeaCoast Construction Company, Inc. (SeaCoast), for the Blueberry Street/Northern Lights Blvd Area Pedestrian Safety, Project Management & Engineering (PM&E) Project No. 08-17. ($104,794.30). 9.D.9. Assembly Memorandum No. AM 574-2010, Change Order No. 19 to Purchase Order No. 251272 with VPSI, Inc. (VPSI) for vanpool management and administrative services for the Municipality of Anchorage, Public Transportation Department ($72,697.11 ), Purchasing Department. 9.D.1 0. Assembly Memorandum No. AM 575-2010, Change Order No. 2 to Purchase Order No. 20100306 with Burkhart Croft Architects for Fire Station No.6 Design for the Municipality of Anchorage, Public Works Department ($207, 100), Purchasing Department. 9.E. INFORMATION AND REPORTS 9.E.1. Information Memorandum No. AIM 111-2010, September 201 0/Third Quarter Expenditure Reports, Office of Management and Budget. 9.E.2. Information Memorandum No. AIM 112-2010, Parks and Recreation Fee Schedule, Parks and Recreation Department. 9.E.3. Information Memorandum No. AIM 113-2010, contracts awarded between $50,000 and $500,000 through formal competitive processes for the month of August 2010, Purchasing Department. 9.E.4. Information Memorandum No. AIM 114-2010, Sole Source Procurement Report for the month of August 2010, Purchasing Department. 9.E.5. Information Memorandum No. AIM 115-2010, contracts awarded between $50,000 and $500,000 through formal competitive processes for the month of September 2010, Purchasing Department. 9.E.6. Information Memorandum No. AIM 116-2010, Sole Source Procurement Report for the month of September 2010, Purchasing Department. 9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 9.F.1. Ordinance No. AO 2010-79, an ordinance authorizing a lease with Alaska Communications Systems Group, Inc., for telecommunications station and equipment located on the Sullivan Arena, Heritage Land Bank/Real Estate Services Division. P.H. 11-9-10. 9.F.1. a) Assembly Memorandum No. AM 556-2010. 9.F.2. Ordinance No. AO 2010-80, an ordinance amending Anchorage Municipal Code Chapter 6.70 to add a new section requiring debtors to pay the costs of collecting their delinquent municipal debts to third party collection agencies, Finance/Treasury Division. P .H. 11-9-10. 9.F.2. a) Assembly Memorandum No. AM 557-2010. 9.F.3 Ordinance No. AO 2010-81, an ordinance of the Anchorage Assembly amending Anchorage Municipal Code and Anchorage Municipal Code of Regulations to modify existing, and include additional, fees, fines, and penalties, and to modify excise taxes on motor vehicle registration and aircraft, Office of Management and Budget. P.H. 11-9-10. 9.F.3. a) Assembly Memorandum No. AM 558-2010. 9.F.4. Ordinance No. AO 2010-82, an ordinance of the Anchorage Municipal Assembly amending provisions of Anchorage Municipal Code Chapter 3.30, Personnel Rule 17, governing compensation and paid leave for executive employees, Assembly Chair Traini. P.H. 11-9-10. 9.F.4. a) Assembly Memorandum No. AM 576-2010. 9.F.5. Resolution No. AR 2010-305, a resolution of the Municipality of Anchorage appropriating $75,000 from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance and $26,659 as a contribution from the 2010 Anchorage Police Operating Budget, Anchorage Metropolitan Police Service Area Fund (151) to the Federal Grants Fund (241 ), Anchorage Police Department, for this Human Trafficking Task Force Continuation Program, Anchorage Police Department. P.H. 11-9-10. 9.F.5. a) Assembly Memorandum No. AM 554-2010. 9.F.6. Resolution No. AR 2010-307, a resolution of the Municipality of Anchorage appropriating $162,623 from the State of Alaska, Department of Health and Social Services as a grant to the State Direct/Federal Pass-Thru Grants Fund (231 ), for the Aging and Disability Resource Center in the Department of Health and Human Services. P.H. 11-9-10. 9.F.6. a) Assembly Memorandum No. AM 559-2010. 9. F. 7. Resolution No. AR 2010-308, a resolution of the Municipality of Anchorage appropriating $102,858 of unappropriated Insurance Recoveries Revenue from the Public Works Department, Maintenance and Operations Division Equipment Maintenance Fund (Fund 601) to the Public  Page 5 of 13 Works Department, Maintenance and Operations Division Equipment Maintenance Fund (Fund 601) BP201 0 General Government Operating Budget to fund Fleet Maintenance insurance repairs. P .H. 11-9-10. 9.F.7. a) Assembly Memorandum No. AM 560-2010. 9.F.8. Resolution No. AR 2010-309, a resolution appropriating $648,500 from Alaska Housing Finance Corporation (AHFC), to the Community Development Department as a supplemental grant to State Categorical Grant Fund (231) for the Weatherization Assistance Program in the Division of Neighborhoods. P.H. 11-9-10. 9.F.8. a) Assembly Memorandum No. AM 561-2010. 9.F.9. Resolution No. AR 2010-310. a resolution ratifying a Letter of Agreement (IAFF- 006) between the Municipality of Anchorage and the International Association of Fire Fighters, Local1264, regarding temporary shift accommodation clarification, Employee Relations Department P.H. 11- 9-10. 9.F.9. a) Assembly Memorandum No. AM 562-2010. 9.F.1 0. Resolution No. AR 2010-311, a resolution of the Municipality of Anchorage, Alaska, confirming and levying assessments for the water special improvements within Levy Upon Connection (LUC) Roll 10-W-1, setting date of payment and providing for penalties and interest in the event of delinquency, Anchorage Water and Wastewater Utility. P .H. 11-23-10. 9.F.10. a) Assembly Memorandum No. AM 563-2010. 9.F.11. Resolution No. AR 2010-313. a resolution of the Anchorage Municipal Assembly to honor Mr. B.J. (Barney) Gottstein at the Mountain View Branch of the Anchorage Library by naming the children's area as the Gottstein Family Children's Center, Mayor Dan Sullivan, Assembly Chair Traini, Assembly Vice-Chair Flynn, Assembly Members Drummond, Gray-Jackson and Ossiander. P.H. 12-7-10. 9.F.12. Resolution No. AR 2010-314, a resolution of the Anchorage Municipal Assembly to name the Anchorage Museum at Rasmussen Center's Fourth Floor Gallery. P.H. 12-7-10. (addendum) 9.F.12. a) Information Memorandum No. AIM 118-2010, AR 2010-314: Naming Panel Report for Anchorage Museum at Rasmussen Center's Fourth Floor Gallery, Mayor's Office. (Laid on the Table) 9.F.13. Resolution No. AR 2010-315, a resolution of the Anchorage Municipal Assembly to name the 9th Avenue Pathway. P.H. 12-7-10. (addendum) 10. REGULAR AGENDA 1O.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 1O.B. RESOLUTIONS FOR ACTION - OTHER 10.C. BID AWARDS 1O.D. NEW BUSINESS 10.E. INFORMATION AND REPORTS 10.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING 11 A Resolution No. AR 2010-280, a resolution of the Anchorage Municipal Assembly regarding the annual operating budget of the Anchorage School District for its Fiscal Year 2011-2012, Assemblymember Johnston. (REFERRED TO THE BUDGET/FINANCE COMMITTEE ON 10-12- 10; ACTION WAS POSTPONED FROM 10-12-10) Johnston moved, to approve AR 201 0-280(S) Starr seconded, and this motion was passed, as amended, 9-1-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS: Starr. EXCUSED: Drummond. Flynn moved, to amend Page 1 line 37 after program and add the word "and," Gray-Jackson seconded, Line 37 delete the words "Parks and Recreation services." Line 38 add a semicolon after "collections," and line 38 delete the words "and it" and this motion was passed, 8-2-1.  Page 6 of 13 AYES: Gray-Jackson, Johnston, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: Birch and Traini. EXCUSED: Drummond. Flynn moved, to amend Page 2 line 22 and replace "$1, 159,295.00" with Honeman seconded, "$3,091 ,454.00," line 23 replace ".6%" with "1.6%" and line 26 replace "$194,375,153.00" with "$196,307,312.00." and this motion was passed, 6-4-1. AYES: Gray-Jackson, Johnston, Flynn, Hall, Honeman and Gutierrez. NAYS: Birch, Traini, Starr and Ossiander. EXCUSED: Drummond. JOHN STEINER, President, Anchorage School Board, spoke. CAROL COMEAU, Superintendent Anchorage School District, spoke. Flynn moved, to amend Page 2 line 38 and delete the words "for Parks and Johnston seconded, Recreation fees of $79,000.00 and." and this motion was passed, 8-2-1. AYES: Gray-Jackson, Johnston, Traini, Flynn, Hall, Honeman, Gutierrez and Ossiander. NAYS: Birch and Starr. EXCUSED: Drummond. CAROL COMEAU, Superintendent Anchorage School District, spoke. DAN SULLIVAN, Mayor, spoke. 11.A. Resolution No. AR 2010-280. a resolution of the Anchorage Municipal Assembly regarding the annual operating budget of the Anchorage School District for its Fiscal Year 2011-2012, Assemblymember Johnston. (REFERRED TO THE BUDGET/FINANCE COMMITTEE ON 10-12-10; ACTION WAS POSTPONED FROM 10-12-10) 11.A.1. Resolution No. AR 201 0-280(S), a resolution of the Anchorage Municipal Assembly regarding the annual operating budget of the Anchorage School District for its Fiscal Year 2011-2012, Assemblymembers Johnston, Starr and Hall. (addendum) 11.A.2. Information Memorandum No. AIM 117-2010. 11.8. Information Memorandum No. AIM 105-2010, Executive Appointments and Compensation (Danielle Fegley, Benefits Director-Employee Relations; Ronald J. Thompson, Director- Development Services; William Mehner, Director-Heritage Land Bank), Employee Relations. (POSTPONED FROM 10-12-10) 11.B.1. Information Memorandum No. AIM 105-201 O(A), Executive Appointments and Compensation (Danielle Fegley, Benefits Director-Employee Relations; Diane E. Ingle, Director-Health and Human Services; Lucinda M. Mahoney, Chief Fiscal Officer; Ronald J. Thompson, Director-Public Works; George J. Vakalis, Municipal Manager), Employee Relations. (addendum) Ossiander moved, to accept AIM 105-201 O(A) Flynn seconded, and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. 11.C. Information Memorandum No. AIM 108-2010, Monthly Investment Report to the Assembly- August 2010, Finance. (POSTPONED FROM 10-12-10) Gray-Jackson moved, to accept AIM 108-2010 Honeman seconded, and this motion was passed, 10-0-1. AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. Clerks Note: Ms. Drummond joined the Assembly Meeting. PRESENT: Traini, Ossiander, Gutierrez, Honeman, Hall, Starr, Flynn, Gray-Jackson, Johnston, Birch and Drummond. 11.0. Information Memorandum No. AIM 109-2010, Monthly General Government Revenue Status  Page 7 of 13 Report to the Assembly- August 2010, Finance. (POSTPONED FROM 10-12-10) Flynn moved, to accept AIM 109-2010 Gray-Jackson seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. LUCINDA MAHONEY, Chief Financial Officer, spoke. 11.E. Information Memorandum No. AIM 110-2010, Travel Expenditures 2000-2010, Office of Management and Budget. (POSTPONED FROM 10-12-10) Ossiander moved, to accept AIM 110-2010 Honeman seconded, 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. 12. APPEARANCE REQUESTS 12.A. Darrel S. Kester, regarding clarification of AMC 26.80.050 and issues with Solid Waste Services. DARREL KESTER appeared. 12.B. Deri Lynn Johnson, regarding the hiring of transit operators. DERI LYNN JOHNSON appeared. NANCY USERA, Director, Employee Relations, spoke 13. CONTINUED PUBLIC HEARINGS 13.A. Ordinance No. AO 2010-71 an ordinance approving a conveyance of conservation easements on the Campbell Creek Estuary Property for the benefit of the State of Alaska and the Great Land Trust, Inc., Department of Law. 13.A.1. Assembly Memorandum No. AM 527-2010. (CONTINUED FROM 10-12-1 0) Chair Traini opened Public Hearing. VIVIAN MENDENHALL, Friends of Anchorage Coastal Wildlife Refuge, testified. Chair Traini closed Public Hearing. Hall moved, to approve AO 2010-71 Gutierrez seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. PHIL SHEPARD, President, Great Land Trust, spoke. 14. NEW PUBLIC HEARINGS 14.A. FIRST PUBLIC HEARING: Ordinance No. AO 2010-72. an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2011 General Government Operating Budget for the Municipality of Anchorage, Office of Management and Budget. 14.A.1. Assembly Memorandum No. AM 530-2010. Gutierrez moved, to combine the public hearing on AO 2010-72, AO 2010-77, AR Flynn seconded, 2010-293, AO 2010-73, AR 2010-292, AO 2010-74, AR 2010- 291 and AR 2010-291. and this motion was passed, 10-0-1.  Page 8 of 13 AYES: Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. EXCUSED: Drummond. Chair Traini opened Public Hearing. DICK TREMAINE, testified. CHARLES WOHLFORTH, former Assemblymember, testified. DON MCDERMOTT, Friends of the Library, testified. SUSAN CLINE testified. BILLY RAY POWERS testified. KATHLEEN DUNNING testified. ERICA KOITCH testified. ASHER KOITCH testified. SHERRY MILLS testified. KAT PIERCE testified. BOB MAYOR testified. DAN SULLIVAN, Mayor, spoke. LUCINDA MAHONEY, Chief Financial Officer, spoke. MARY JOHNSON testified. JUDY JACKSON testified. CARY C. JONES testified. MARY RASMUSSEN testified. GEORGE FELDER testified. DAN SULLIVAN, Mayor, spoke. MARK OPPEGAARD testified. JIM REHMANN testified. Chair Traini closed the first Public Hearing. 14.B. FIRST PUBLIC HEARING: Ordinance No. AO 2010-77, an ordinance of the Municipality of Anchorage adopting the 2011 General Government Capital Improvement Budget, Office of Management and Budget. 14.B.1. Assembly Memorandum No. AM 543-2010. 14.C. FIRST PUBLIC HEARING: Resolution No. AR 2010-293, a resolution of the Municipality of Anchorage approving the 2011-2016 General Government Capital Improvement Program, Office of Management and Budget. 14.C.1. Assembly Memorandum No. AM 542-2010. 14.D. FIRST PUBLIC HEARING: Ordinance No. AO 2010-73 an ordinance adopting and appropriating funds for the 2011 Municipal Utilities/Enterprise Activities Operating Budget and the 2011 Municipal Utilities/Enterprise Activities Capital Budget, Office of Management & Budget. 14.0.1. Assembly Memorandum No. AM 536-2010. 14.E. FIRST PUBLIC HEARING: Resolution No. AR 2010-292, a resolution approving the 2011-2016 Municipal Utilities/Enterprise Activities Capital Improvement Program, Office of Management & Budget. 14.E.1. Assembly Memorandum No. AM 541-2010. 14.E.2. Resolution No. AR 2010-292(S), a resolution approving the 2011-2016 Municipal Utilities/Enterprise Activities Capital Improvement Program, Office of Management and Budget.  Page 9 of 13 14.F. FIRST PUBLIC HEARING: Ordinance No. AO 2010-74, an ordinance adopting and appropriating funds for the 2011 Operating and Capital Budget of Anchorage Community Development Authority, Office of Management & Budget 14.F.1. Assembly Memorandum No. AM 537-2010. 14.G. FIRST PUBLIC HEARING: Resolution No. AR 2010-291, a resolution of the Municipality of Anchorage adopting the 2011-2016 Six Year Fiscal Program, Finance Department 14.G.1. Assembly Memorandum No. AM 540-2010. 14.H. Resolution No. AR 2010-278, a resolution of the Municipality of Anchorage, Alaska, confirming and levying assessments for the sewer special improvements within Levy-Upon-Connection (LUG) Roll 10-S-2, setting date of payment and providing for penalties and interest in the event of delinquency, Anchorage Water and Wastewater Utility. 14.H.1. Assembly Memorandum No. AM 515-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing Ossiander moved, to approve AR 201 0-278 Honeman seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. 14.1. Ordinance No. AO 2010-75, an ordinance authorizing the conveyance of two telecommunication and electric easement interests described as the West Fifteen Feet (W 15') of the North Twenty- Five Feet (N 25') ofTract 1B, St. Mary's Church Subdivision (Tax ID #009-182-30) and the telecommunication and electric easement identified coincident with a portion of the north boundary of St. Mary's Greatland Subdivision Tract C (Tax ID #009-181-20), formerly described as the West Twenty Feet (W 20') of the North Thirty-Five Feet (N 35') of Lot 1-A, Tudor Professional Park Subdivision to Chugach Electric Association, Inc., Project Management & Engineering. 14.1.1. Assembly Memorandum No. AM 538-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Honeman moved, to approve AO 2010-75 Johnston 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.J. Ordinance No. AO 2010-76, an ordinance amending Anchorage Municipal Code Sections 9.28.019, 9.28.022, 9.28.026, 9.28.027, 9.28.030, and 9.28.035, regarding serious traffic offenses, to authorize the immediate forfeiture of bonds in certain circumstances, to provide for post-deprivation due process, and other amendments to improve the efficiency of the Vehicle Impound and Forfeiture Program, Department of Law. 14.J.1. Assembly Memorandum No. AM 539-2010. Chair Traini opened Public Hearing. Billy Ray Powers testified. Chair Traini closed Public Hearing. Honeman moved, to approve AO 2010-76 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.K. Ordinance No. AO 2010-78, an ordinance approving SunTrust Equipment Finance and Leasing Corporation (Sun Trust) as a source of future financings for capital expenditures for the Municipality in the amount of Not To Exceed $20,000,000 retroactive to July 1, 2010, Finance. 14.K.1. Assembly Memorandum No. AM 552-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing  Page 10 of 13 Honeman moved, to approve AO 2010-78 Gray-Jackson seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. Lucinda Mahoney, Chief Financial Officer, spoke. 14.L. Resolution No. AR 2010-300, a resolution of the Anchorage Municipal Assembly approving an alcoholic beverages conditional use for a recreational site use and License Number 5009 in the B-3 (General Business) District, for Beluga Billiards, LLC, dba Beluga Billiards; located at 3841 West Dimond Boulevard, Suite #200, on Chester H. Lloyd Subdivision, Lot 13A; generally located on the northeast corner of Jewel Lake Road and West Dimond Boulevard (Sand Lake Community Council) (Case 201 0-119), Planning Department. 14.L.1. Assembly Memorandum No. AM 553-2010. Chair Traini opened Public Hearing SEAN WEEMS, Owner Beluga Billiards, testified. DAN BURGESS, President, Sand Lake Community Council, testified. Ossiander moved, to approve AR 2010-300 Honeman seconded, and this motion was passed, as amended, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. Ossiander moved, to amend by deleting page 2 line 22-25. Drummond seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. JERRY WEAVER, Director, Planning, spoke. Flynn moved, to amend on page 1 lines 24-25 replace and "AM" with "PM " Drummond 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.M. Ordinance No. AO 2010-70, an ordinance of the Anchorage Municipal Assembly amending provisions of the Anchorage Municipal Code Chapter 12.40 to increase the mill rate on the excise tax for cigarettes brought into the Municipality, to increase the excise tax on other tobacco products brought into the Municipality, and to provide the effective dates, Assembly Chair Traini. 14.M.1. Assembly Memorandum No. AM 526-2010. Chair Traini opened Public Hearing. ERIC MYERS testified. JIM GILLES testified. PATTY GINSBURG testified. PAT LUBY testified. PAT REYNAGA testified. STEPHANIE PERSINGER testified. DAVID SMITH testified. GARY FERGUSON, Director, Wellness and Prevention, Alaska Native Tribal Health Consortium, testified.  Page 11 of 13 JAMES TANNER testified. JOANNE ZITO-BRAUSE, testified. EMILY NENON, American Cancer Society, testified. CLIFF KRAEMER testified. JAKE WILLIAMS testified. SCOTT BOLLES testified. BILL BOUWENS testified. CINDY EMERY testified. Chair Traini closed Public Hearing. Gutierrez moved, to delay action until the Assembly Meeting of November 9, 2010. Honeman 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.N. Ordinance No. AO 2010-69 an ordinance of the Anchorage Municipal Assembly amending Anchorage Code 1.15.035 to provide additional restrictions on the employment of elected officials for one year after leaving municipal service, Assemblymembers Gray-Jackson, Drummond, Gutierrez. 14.N.1. Assembly Memorandum No. AM 525-2010. Chair Traini opened Public Hearing. TOM MCGRATH testified. DAN SULLIVAN, Mayor, spoke. Vice Chair Flynn closed Public Hearing. Honeman moved, to approve AO 2010-69 Gray-Jackson seconded, and this motion was passed, 6-5. AYES: Drummond, Gray-Jackson, Traini, Flynn, Honeman and Gutierrez. NAYS: Birch, Johnston, Starr, Hall and Ossiander. DENNIS WHEELER, Municipal Attorney, spoke. Gray-Jackson moved, for immediate reconsideration of AO 2010-69 Gutierrez seconded, and this motion failed, 2-9. AYES: Birch and Ossiander. NAYS: Drummond, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman and Gutierrez. 14.0. Resolution No. AR 2010-286, a resolution of the Municipality of Anchorage appropriating $1,443,471 from the State of Alaska, Department of Health and Social Services as a grant to the State Dir/Fed Pass-Thru Grants Fund (231) to provide Women, Infants and Children Supplemental Nutrition Services in the Department of Health and Human Services. 14.0.1. Assembly Memorandum No. AM 531-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Honeman moved, to approve AR 2010-286 Flynn 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.P. Resolution No. AR 2010-290. a resolution of the Municipality of Anchorage appropriating $506,632 from the State of Alaska Department of Health and Social Services as a grant to the State Direct/Federal Pass-Thru Grants Fund (231) for the provision of Community Health Nursing Services in the Department of Health and Human Services.  Page 12 of 13 14.P.1. Assembly Memorandum No. AM 535-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Drummond moved, to approve AR 2010-290 Flynn seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. Diane Ingle, Director, Health and Human Services, spoke. 14.0. Resolution No. AR 2010-295, a resolution adopting the 2011 Housing and Community Development Annual Plan, which constitutes the application to the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG), the HOME Investment Partnerships Program (HOME), and the Emergency Shelter Grant (ESG). This resolution appropriates the annual entitlement grants from HUD, Program Income and Recaptured Funds in the amount of $2,036,598 in Projected CDBG Entitlement, $62,794, $1,068,582 in Projected HOME Entitlement and, $75,000 in Projected HOME Program Income and Recaptured Funds to the Department of Neighborhoods, and this resolution appropriates $85,000 of Projected ESG Entitlement to the Department of Health and Human Services, Federal Grant Fund (241). 14.0.1. Assembly Memorandum No. AM 549-2010. Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing. Flynn moved, to approve AR 201 0-295 Gutierrez seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None. Ossiander moved, to amend page 2 lines 13-17 Section 1. The Assembly defers Gutierrez seconded, adoption of [ADOPTS] the 2011 HCDA Plan until it is amended to incorporate support for low-income, senior citizens and/or handicapped transportation needs in the community development and serves as the general basis for a comprehensive approach to address the housing and community development needs of [LOWER-INCOME] residents and neighborhoods and application for CDBG, HOME and ESG federal grants. Section 5. That the allocation of said grants will be based on activities outlined in the amended attached Assembly memorandum, and ... and this motion failed, 4-7. AYES: Birch, Johnston, Starr and Ossiander. NAYS: Drummond, Gray-Jackson, Traini, Flynn, Hall, Honeman and Gutierrez. CORRINE O'NEILL, Deputy Director, Department of Neighborhoods, spoke 15. SPECIAL ORDERS 16. UNFINISHED AGENDA 17. AUDIENCE PARTICIPATION 18. ASSEMBLY COMMENTS 19. EXECUTIVE SESSIONS 20. ADJOURNMENT Ossiander moved, to adjourn the Regular Assembly Meeting of October 26, 2010 Honeman seconded, and this motion was passed, 11-0. AYES: Drummond, Birch, Gray-Jackson, Johnston, Traini, Flynn, Starr, Hall, Honeman, Gutierrez and Ossiander. NAYS: None.  Page 13 of 13 Chair Traini adjourned the Regular Assembly Meeting at 10:24 p.m. DICK TRAIN!, Assembly Chair 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 or call the Municipal Clerk's Office, 632 West 6th Avenue, Suite 250, Anchorage, Alaska, (907)343-4311)