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Assembly - Regular

Regular Meeting

Anchorage, AK · October 30, 2012

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Minutes

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z.J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes for Regular Meeting of October 30, 2012 1. CALL TO ORDER Vice-Chair Johnston convened the Regular Assembly Meeting of October 30, 2012 at 5:08p.m. 2. ROLL CALL PRESENT: Chris Birch, Debbie Ossiander, Patrick Flynn, Adam Trombley, Bill Starr, Jennifer Johnston, Ernie Hall, Elvi Gray-Jackson, Paul Honeman, Dick Traini, Harriet Drummond EXCUSED: None A Quorum was achieved with 10 Assemblymembers present and Chair Hall participated telephonically. 3. PLEDGE OF ALLEGIANCE Assemblymember Gray-Jackson led the pledge. 4. MINUTES OF PREVIOUS MEETINGS 5. MAYOR'S REPORT 6. ASSEMBLY CHAIR'S REPORT 7. COMMITTEE REPORTS Assemblymember Birch spoke regarding the Ad Hoc Reapportionment Committee. Assemblymember Flynn spoke regarding the AMATS Policy Committee. Assemblymember Ossiander spoke regarding the Assembly Title 21 Committee. Assemblymember Starr spoke regarding the Budget/Finance Committee. Assemblymember Honeman spoke regarding the Public Safety Committee. GEORGE VAKALIS, Municipal Manager, spoke. 8. ADDENDUM TO AGENDA Dick Traini moved, to incorporate the Addendum and Laid on the Table Jennifer Johnston seconded, Items 9.D.1.a, AM 623-2012(A); 9.D.1.b, AIM 97-2012; 9.F.1, AO 2012-108; 9.F.2, AO 2012-109; 9.F.3, AO 2012-110; 9.F.4, AO 2012-111; and 13.A.2, AIM 98- 2012 into the Agenda and this motion PASSED 11-0. AYES: Harriet Drummond, Dick Traini, Paul Honeman, Elvi Gray-Jackson, Ernie Hall, Jennifer Johnston, Bill Starr, Adam Trombley, Debbie Ossiander, Patrick Flynn, Chris Birch NAYS: None 9. CONSENT AGENDA Debbie Ossiander moved, to approve the Consent Agenda with the exception of Harriet Drummond seconded, 9.D.1.a. which was pulled for further discussion and separate vote and this motion PASSED 11-0. AYES: Harriet Drummond, Dick Traini, Paul Honeman, Elvi Gray-Jackson, Ernie Hall, Jennifer Johnston, Bill Starr, Adam Trombley, Debbie Ossiander, Patrick Flynn, Chris Birch NAYS: None · Page 2 ofG DENNIS WHEELER, Municipal Attorney, spoke. 9.A. RESOLUTIONS FOR ACTION- PROCLAMATIONS AND RECOGNITIONS 9.B. RESOLUTIONS FOR ACTION - OTHER 9.C. BID AWARDS 9.D. NEW BUSINESS 9.D.1. Assembly Memorandum No. AM 623-2012, Approval of 1) Participation by the Municipality in litigation related to the Port of Anchorage lntermodal Expansion Project, and 2) Amending the existing contract with outside counsel Seyfarth Shaw, LLC for that purpose ($2,000,000), Department of Law. 9.D.1. a) Assembly Memorandum No. AM 623-2012(A), Approval of 1) Participation by the Municipality in litigation related to the Port of Anchorage lntermodal Expansion Project, and 2) Amending the existing contract with outside counsel Seyfarth Shaw, LLC for that purpose (NTE $250,000), Department of Law. (Laid on the Table) 9.D.1. b) Information Memorandum No. AIM 97-2012. (Laid on the Table) Patrick Flynn moved, to approve AM 623-2012(A) Debbie Ossiander seconded, and this motion PASSED 11-0. AYES: Chris Birch, Debbie Ossiander, Patrick Flynn, Adam Trombley, Bill Starr, Jennifer Johnston, Ernie Hall, Elvi Gray-Jackson, Paul Honeman, Dick Traini, Harriet Drummond NAYS: None DENNIS WHEELER, Municipal Attorney, spoke. DAN SULLIVAN, Mayor, spoke. 9.E. INFORMATION AND REPORTS 9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 9.F.1. Ordinance No. AO 2012-108, an ordinance of the Anchorage Assembly providing for redistricting of the Assembly election districts, Assemblymembers Hall and Traini. (Laid on the Table) 9.F.2. Ordinance No. AO 2012-109, an ordinance of the Anchorage Assembly providing for redistricting of the Assembly election districts, and modifying which district is the single member district, Assemblymember Birch. (Laid on the Table) 9.F.3. Ordinance No. AO 2012-110, an ordinance of the Anchorage Assembly providing for redistricting of the Assembly election districts, and modifying which district is the single member district, Assemblymember Birch. (Laid on the Table) 9.F.4. Ordinance No. AO 2012-111, an ordinance of the Anchorage Assembly providing for the redistricting of the Assembly election districts, Assemblymember Birch. (Laid on the Table) 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 10.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION Page 3 of6 11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING 12. APPEARANCE REQUESTS (SHALL BEGIN NO EARLIER THAN 6:00P.M. AND NO LATER THAN 6:30 P.M.) 13. CONTINUED PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00P.M.) 13.A. Ordinance No. AO 2012-97, an ordinance authorizing disposal of real property known as the John Thomas Building, legally described as Lots 9, 10 and 11A, Block 37B, East Addition Subdivision, located at 325 East 3rd Avenue, Real Estate Department. 13.A.1. Assembly Memorandum No. AM 549-2012. (CONTINUED FROM 10-9-12 AND 10-23-12) 13.A.2. Information Memorandum No. AIM 98-2012. (Laid on the Table) Vice-Chair Johnston opened Public Hearing. CAL WILLIAMS testified. RAY CLEMENTS, Executive Director of Older Persons Action Group and Editor of Senior Voice Newspaper, testified. DALE L. REEDS testified. LEONARD KELLEY, President of Older Persons Action Group, testified. TIM MANWARING, Board of Directors of Mabel T. Caverly Senior Services, testified. WANDA GREEN, President of NAACP, testified. Vice-Chair Johnston closed Public Hearing. Chris Birch moved, to approve AO 2012-97 Debbie Ossiander seconded, and this motion PASSED 6-5. AYES: Chris Birch, Debbie Ossiander, Adam Trombley, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: Patrick Flynn, Elvi Gray-Jackson, Paul Honeman, Dick Traini, Harriet Drummond DAN SULLIVAN, Mayor, spoke. Paul Honeman moved, to postpone indefinitely AO 2012-97 Elvi Gray-Jackson seconded, and this motion FAILED 5-6. AYES: Harriet Drummond, Dick Traini, Paul Honeman, Elvi Gray-Jackson, Patrick Flynn NAYS: Ernie Hall, Jennifer Johnston, Bill Starr, Adam Trombley, Debbie Ossiander, Chris Birch DENNIS WHEELER, Municipal Attorney, spoke. LUCINDA MAHONEY, Chief Financial Officer, spoke. 14. NEW PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00P.M. AND END NO LATER THAN 11:00 P.M.) Clerk's Note: The Assembly combined the public hearing on items 14.A. -14.H. (See motion at 14.A.) 14.A. SECOND PUBLIC HEARING: Ordinance No. AO 2012-99, an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2013 General Government Operating Budget for the Municipality of Anchorage, Office of Management and Budget 14.A.1. Assembly Memorandum No. AM 560-2012. 14.A.2. Ordinance No. AO 2012-99(S), an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2013 General Government Operating Budget for the Municipality of Anchorage, Office of Management and Budget. Page 4 of6 14.A.3. Assembly Memorandum No. AM 560-2012(A). Debbie Ossiander moved, to combine Public Hearing for items 14.A., 14.B., 14.C., Dick Traini seconded, 14.D., 14.E., 14.F., 14.G., and 14.H. and this motion PASSED 11-0. AYES: Chris Birch, Debbie Ossiander, Patrick Flynn, Adam Trombley, Bill Starr, Jennifer Johnston, Ernie Hall, Elvi Gray-Jackson, Paul Honeman, Dick Traini, Harriet Drummond NAYS: None Vice-Chair Johnston opened Public Hearing. JOHNNIE BUSTAMONTE testified. DAKOTA JONES testified. CORINA JACKSON testified. SEJO SMITH testified. LEIF MONNETT testified. TOM MCGRATH testified. GRETCHEN FAUSKE, Chair of Library Board, testified. BROOKS CHANDLER, Friends of the Library, testified. JIM MURRY, President of Anchorage Library Foundation, testified. JON ZASADA, Development and Marketing Director, Anchorage Neighborhood Health Center, testified. CINDY GILDER, Vice Chair Board of Directors, Anchorage Neighborhood Health Center, testified. MIKE DAVIDSON, International Association of Firefighters, testified. SALLY SPIEKER testified. JEDEDIAH SMITH, Public Transit Advisory Board, testified. JOY GREEN-ARMSTRONG, Library Advisory Board, testified. KIMBERLY MACK testified. JEFF BAYLESS, Senior Captain, Station 11 of Eagle River Fire Department, testified. MERENA FABRICK testified. JONATHAN WARREN testified. SHIRLEY SMITH testified. DON MCDERMOTT testified. CAROL STURGULEWSKI, Board Member of Friends of the Library, testified. JANE JOHNSON testified. SHEILA BLANCO testified. DEBORAH WILLIAMS testified. KIMBERLY GIANOS testified. SAMANTHA TAYLOR, Eagle River Chamber of Commerce, testified. DAVID LEVY, Executive Director of Alaska Mobility Coalition and Member of Library Advisory Board, testified. Page 5 of 6 CORY ROBERTS, Engineer, Anchorage Fire Department, testified. DAPHNE WRIGHT testified. ATHENA TENANT testified. HENRY WENDTS testified. PHYLLIS SPENCER BELLOWS testified. TERI PEREZ testified. BILL RODMAN testified. BILLY RAY POWERS testified. CHRISTINE WOOD testified. ROD HARRIS, President, Anchorage Firefighters Union, testified. WHITNEY SUTTON, Executive Director, Anchorage Youth Court, testified. Vice-Chair Johnston closed Public Hearing. GEORGE VAKALIS, Municipal Manager, spoke. Clerk's Note: The Assembly combined the public hearing on items 14.A. -14.H. (See motion at 14.A.) 14.B. SECOND PUBLIC HEARING: Resolution No. AR 2012-228, a resolution of the Municipality of Anchorage approving the 2013-2018 General Government Capital Improvement Program, Office of Management and Budget 14.B.1. Assembly Memorandum No. AM 562-2012. Clerk's Note: The Assembly combined the public hearing on items 14.A. -14.H. (See motion at 14.A.) 14.C. SECOND PUBLIC HEARING: Ordinance No. AO 2012-100, an ordinance of the Municipality of Anchorage adopting the 2013 General Government Capital Improvement Budget, Office of Management and Budget. 14.C.1. Assembly Memorandum No. AM 561-2012. Clerk's Note: The Assembly combined the public hearing on items 14.A. -14.H. (See motion at 14.A.) 14.D. SECOND PUBLIC HEARING: Resolution No. AR 2012-229, a resolution of the Municipality of Anchorage approving the 2013-2018 Municipal Utilities/Enterprise Activities Capital Improvement Program, Office of Management and Budget. 14.D.1. Assembly Memorandum No. AM 564-2012. Clerk's Note: The Assembly combined the public hearing on items 14.A. -14.H. (See motion at 14.A.) 14.E. SECOND PUBLIC HEARING: Ordinance No. AO 2012-101, an ordinance adopting and appropriating funds for the 2013 Municipal Utilities/Enterprise Activities Operating Budget and the 2013 Municipal Utilities/Enterprise Activities Capital Improvement Budget, Office of Management and Budget. 14.E.1. Assembly Memorandum No. AM 563-2012. 14.E.2. Ordinance No. AO 2012-101(S), an ordinance adopting and appropriating funds for the 2013 Municipal Utilities/Enterprise Activities Operating Budget and the 2013 Municipal Utilities/Enterprise Activities Capital Improvement Budget, Office of Management and Budget. 14.E.3. Assembly Memorandum No. AM 563-2012(A). Clerk's Note: The Assembly combined the public hearing on items 14.A. -14.H. (See motion at 14.A.) Page 6 of 6 14.F. SECOND PUBLIC HEARING: Ordinance No. AO 2012-102. an ordinance adopting and appropriating funds for the 2013 Operating and Capital Budget for the Anchorage Community Development Authority, Office of Management and Budget. 14.F.1 . Assembly Memorandum No. AM 565-2012. Clerk's Note: The Assembly combined the public hearing on items 14.A.- 14.H. (See motion at 14.A.) 14.G. SECOND PUBLIC HEARING: Resolution No. AR 2012-238, a resolution of the Municipality of Anchorage adopting the 2013-2018 Six Year Fiscal Program, Finance Department. J Clerk's Note: The Assembly combined the public hearing on items 14.A.- 14.H. (See motion at 14.A.) 14.H. SECOND PUBLIC HEARING: Ordinance No. AO 2012-104, an omnibus 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, Department of Law. 14.H.1. Assembly Memorandum No. AM 600-2012 . 14.H.2. Ordinance No. AO 2012-104(S), an omnibus 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, Department of Law. 14.H.3. Assembly Memorandum No. AM 621-2012. 15. SPECIAL ORDERS 16. UNFINISHED AGENDA DAN SULLIVAN, Mayor, spoke. I __j 17. AUDIENCE PARTICIPATION 18. ASSEMBLY COMMENTS 19. EXECUTIVE SESSIONS 20. ADJOURNMENT Dick Traini moved, to adjourn the Regular Assembly Meeting of October 30, Paul Honeman seconded, 2012 and this motion PASSED 11-0. AYES: Harriet Drummond, Dick Traini, Paul Honeman, Elvi Gray-Jackson, Ernie Hall, Jennifer Johnston, Bill Starr, Adam Trombley, Debbie Ossiander, Patrick Flynn, Chris Birch NAYS: None Vice-Chair Johnston adjourned the Regular Assembly Meeting at 9:01 p.m . ERNIE HALL, Assembly Chait ATIEST: CA~O. BARBARA A. JONES, Munic'pa Clerk DFS/BAJ Electronic versions of archived meeting minutes can be found online at http://www.muni.org/watchnow. Also access live streaming audio and video, view documents and download podcasts. Keep up to date with municipal meetings.

Agenda

Municipality of Anchorage Ernie Hall Jennifer Johnston Chair Vice–Chair Chris Birch Debbie Ossiander Harriet Drummond Bill Starr Patrick Flynn Dick Traini Elvi Gray-Jackson Dan Sullivan Adam Trombley Paul Honeman Mayor Barbara A. Jones, Municipal Clerk Assembly Agenda October 30, 2012 Regular Meeting Assembly Chambers Loussac Library 3600 Denali, Room 108 5:00 p.m. Business Meeting 6:00 p.m. Appearance Requests Live Streaming and Archived meetings/Podcasts at http://www.muni.org/watchnow Live on Channel 10; Rebroadcast Wednesday/Friday at 5:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF PREVIOUS MEETINGS 5. MAYOR'S REPORT 6. ASSEMBLY CHAIR'S REPORT 7. COMMITTEE REPORTS 8. ADDENDUM TO AGENDA 9. CONSENT AGENDA 9.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 9.B. RESOLUTIONS FOR ACTION - OTHER Regular Assembly Meeting - October 30, 2012 Page 2 9.C. BID AWARDS 9.D. NEW BUSINESS 9.D.1. Assembly Memorandum No. AM 623-2012, Approval of 1) Participation by the Municipality in litigation related to the Port of Anchorage Intermodal Expansion Project, and 2) Amending the existing contract with outside counsel Seyfarth Shaw, LLC for that purpose ($2,000,000), Department of Law. 9.D.1.a) Assembly Memorandum No. AM 623-2012(A), Approval of 1) Participation by the Municipality in litigation related to the Port of Anchorage Intermodal Expansion Project, and 2) Amending the existing contract with outside counsel Seyfarth Shaw, LLC for that purpose (NTE $250,000), Department of Law. (Laid on the Table) 9.D.1.b) Information Memorandum No. AIM 97-2012. (Laid on the Table) 9.E. INFORMATION AND REPORTS 9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 9.F.1. Ordinance No. AO 2012-108, an ordinance of the Anchorage Assembly providing for redistricting of the Assembly election districts, Assemblymembers Hall and Traini. (Laid on the Table) 9.F.1.a) Assembly Memorandum No. AM 626-2012. 9.F.2. Ordinance No. AO 2012-109, an ordinance of the Anchorage Assembly providing for redistricting of the Assembly election districts, and modifying which district is the single member district, Assemblymember Birch. (Laid on the Table) 9.F.2.a) Assembly Memorandum No. AM 627-2012. 9.F.3. Ordinance No. AO 2012-110, an ordinance of the Anchorage Assembly providing for redistricting of the Assembly election districts, and modifying which district is the single member district, Assemblymember Birch. (Laid on the Table) 9.F.4. Ordinance No. AO 2012-111, an ordinance of the Anchorage Assembly providing for the redistricting of the Assembly election districts, Assemblymember Birch. (Laid on the Table) 10. REGULAR AGENDA 10.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 10.B. RESOLUTIONS FOR ACTION - OTHER Regular Assembly Meeting - October 30, 2012 Page 3 10.C. BID AWARDS 10.D. NEW BUSINESS 10.E. INFORMATION AND REPORTS 10.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING 12. APPEARANCE REQUESTS (SHALL BEGIN NO EARLIER THAN 6:00 P.M. AND NO LATER THAN 6:30 P.M.) 13. CONTINUED PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00 P.M.) 13.A. Ordinance No. AO 2012-97, an ordinance authorizing disposal of real property known as the John Thomas Building, legally described as Lots 9, 10 and 11A, Block 37B, East Addition Subdivision, located at 325 East 3rd Avenue, Real Estate Department. 13.A.1. Assembly Memorandum No. AM 549-2012. (CONTINUED FROM 10-9-12 AND 10-23-12) 13.A.2. Information Memorandum No. AIM 98-2012. (Laid on the Table) 14. NEW PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00 P.M. AND END NO LATER THAN 11:00 P.M.) 14.A. SECOND PUBLIC HEARING: Ordinance No. AO 2012-99, an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2013 General Government Operating Budget for the Municipality of Anchorage, Office of Management and Budget 14.A.1. Assembly Memorandum No. AM 560-2012. 14.A.2. Ordinance No. AO 2012-99(S), an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2013 General Government Operating Budget for the Municipality of Anchorage, Office of Management and Budget. 14.A.3. Assembly Memorandum No. AM 560-2012(A). 14.B. SECOND PUBLIC HEARING: Resolution No. AR 2012-228, a resolution of the Municipality of Anchorage approving the 2013-2018 General Government Capital Improvement Program, Office of Management and Budget 14.B.1. Assembly Memorandum No. AM 562-2012. 14.C. SECOND PUBLIC HEARING: Ordinance No. AO 2012-100, an ordinance of the Regular Assembly Meeting - October 30, 2012 Page 4 Municipality of Anchorage adopting the 2013 General Government Capital Improvement Budget, Office of Management and Budget. 14.C.1. Assembly Memorandum No. AM 561-2012. 14.D. SECOND PUBLIC HEARING: Resolution No. AR 2012-229, a resolution of the Municipality of Anchorage approving the 2013-2018 Municipal Utilities/Enterprise Activities Capital Improvement Program, Office of Management and Budget. 14.D.1. Assembly Memorandum No. AM 564-2012. 14.E. SECOND PUBLIC HEARING: Ordinance No. AO 2012-101, an ordinance adopting and appropriating funds for the 2013 Municipal Utilities/Enterprise Activities Operating Budget and the 2013 Municipal Utilities/Enterprise Activities Capital Improvement Budget, Office of Management and Budget. 14.E.1. Assembly Memorandum No. AM 563-2012. 14.E.2. Ordinance No. AO 2012-101(S), an ordinance adopting and appropriating funds for the 2013 Municipal Utilities/Enterprise Activities Operating Budget and the 2013 Municipal Utilities/Enterprise Activities Capital Improvement Budget, Office of Management and Budget. 14.E.3. Assembly Memorandum No. AM 563-2012(A). 14.F. SECOND PUBLIC HEARING: Ordinance No. AO 2012-102, an ordinance adopting and appropriating funds for the 2013 Operating and Capital Budget for the Anchorage Community Development Authority, Office of Management and Budget. 14.F.1. Assembly Memorandum No. AM 565-2012. 14.G. SECOND PUBLIC HEARING: Resolution No. AR 2012-238, a resolution of the Municipality of Anchorage adopting the 2013-2018 Six Year Fiscal Program, Finance Department. 14.H. SECOND PUBLIC HEARING: Ordinance No. AO 2012-104, an omnibus 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, Department of Law. 14.H.1. Assembly Memorandum No. AM 600-2012. 14.H.2. Ordinance No. AO 2012-104(S), an omnibus 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, Department of Law. 14.H.3. Assembly Memorandum No. AM 621-2012. 15. SPECIAL ORDERS Regular Assembly Meeting - October 30, 2012 Page 5 16. UNFINISHED AGENDA 17. AUDIENCE PARTICIPATION 18. ASSEMBLY COMMENTS 19. EXECUTIVE SESSIONS 20. ADJOURNMENT ALL DOCUMENTS LISTED ON THIS AGENDA ARE AVAILABLE ONLINE www.muni.org/watchnow AND IN THE MUNICIPAL CLERK'S OFFICE, 632 WEST 6TH AVENUE, SUITE 250, ANCHORAGE, ALASKA, TELEPHONE (907) 343-4311. FOR AUXILIARY AIDS, SERVICES, OR SPECIAL MODIFICATIONS TO PARTICIPATE PLEASE CONTACT THE MUNICIPAL CLERK’S OFFICE TO REQUEST REASONABLE ACCOMMODATIONS AT 343-4311; FAX 343-4313; OR wwwmasmc@muni.org.

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