Assembly - Regular

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z.J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes for Regular Meeting of December 17, 2013 1. CALL TO ORDER Chair Hall convened the Regular Assembly Meeting of December 17, 2013 at 5:02 p.m. 2. ROLL CALL A Quorum was achieved with 11 Assemblymembers present. 3. PLEDGE OF ALLEGIANCE Assemblymember Traini led the pledge. 4. MINUTES OF PREVIOUS MEETINGS 4.A. Regular Meeting - June 18, 2013. 4.B. Regular Meeting - July 9, 2013. 4.C. Regular Meeting - July 23, 2013. 4.D. Regular Meeting -August 20, 2013. 4.E. Regular Meeting - September 10, 2013. 4.F. Regular Meeting - September 24, 2013. 4.G. Regular Meeting - October 8, 2013. 4.H. Continued Meeting of October 8, 2013 - October 9, 2013. 4.1. Regular Meeting - October 22, 2013. 4.J. Regular Meeting - November 5, 2013. Jennifer Johnston moved, to approve all Minutes of Previous Meetings Dick Traini seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 5. MAYOR'S REPORT DAN SULLIVAN, Mayor, spoke. 6. ASSEMBLY CHAIR'S REPORT 7. COMMITTEE REPORTS Clerk's Note: Assemblymember Demboski declared a potential conflict of interest on Item 9.F.12. and Chair Hall declared that Assemblymember Demboski did not have a conflict of interest. Assemblymember Demboski declared a potential conflict of interest on Item 9.F.23. Clerk's Note: Chair Hall put the "Does Assemblymember Demboski has a conflict of conflict question before the body: interest on Item 9.F.23.?" and this motion PASSED 8 - 2. AYES: Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: Chris Birch, Tim Steele ABSTAIN: Amy Demboski Assemblymember Flynn spoke regarding the AMATS Policy Committee. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 2of22 Vice-Chair Trombley spoke regarding the Assembly Ethics and Elections Committee. Assemblymember Gray-Jackson spoke regarding the Municipal Audit Committee. Assemblymember Honeman spoke regarding the Assembly Public Safety Committee. Assemblymember Traini spoke regarding the Assembly Rules Committee. 8. ADDENDUM TO AGENDA Jennifer Johnston moved, to incorporate the Addendum and Laid on the Table Elvi Gray-Jackson seconded, Items: 9.A.1. - AR 2013-333, 9.D.15. - AM 734-2013, 9.F.22. -AO 2013-157, 9.F.23. -AO 2013-158, 9.F.24. - AO 2013-159, 11.D.5. -AR 2013-256(S-1), and 12.A. - Appearance Request by Jennifer "Jen" Clark into the Agenda and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 9. CONSENT AGENDA Jennifer Johnston moved, to approve the Consent Agenda with the exception of Adam Trombley seconded, 9.A.1, 9.B.4, 9.B.8, 9.E.1, 9.E.4, 9.F.19, and 9.F.22. which were pulled for further discussion and separate vote and this motion PASSED 11 - O. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Clerk's Note: Assemblymember Demboski declared a potential conflict of interest on item 9.C.1. Chair Hall declared that Assemblymember Demboski did not have a conflict. Chair Hall invited recent appointees to Boards and Commissions forward to introduce themselves. LUCY FLYNN ZUCCOTTI, Library Advisory Board, spoke. 9.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 9.A.1. Resolution No. AR 2013-333, a resolution of the Anchorage Municipal Assembly recognizing the life and service of Nelson Rolihlahla Mandela, Assemblymembers Honeman, Birch, Demboski, Flynn, Gray-Jackson, Hall, Johnston, Starr, Steele, Traini, Trombley and Mayor Sullivan. (Laid on the Table) Paul Honeman moved, to approve AR 2013-333 Elvi Gray-Jackson seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Assemblymember Honeman read the resolution into the record. 9.B. RESOLUTIONS FOR ACTION - OTHER 9.B.1. Resolution No. AR 2013-319, a resolution of the Anchorage Municipal Assembly stating its protest regarding a New Restaurant/Eating Place Liquor License #5268 and Restaurant Designation Permit for the Un Yong Choe dba Tofu House located at 5121 Arctic Blvd, Unit A, Anchorage and authorizing the Municipal Clerk to take certain action, Assembly Chair Hall, Vice-Chair Trombley and Assembly Public Safety Committee Chair Honeman. 9.B.2. Resolution No. AR 2013-320, a resolution of the Anchorage Municipal Assembly stating its protest regarding a New Restaurant/Eating Place Liquor License #5265 and Restaurant Designation Permit for Killjoy Tasting Room LLC dba Killjoy Tasting Room located at 400 West 4th Avenue, Anchorage and authorizing the Municipal Clerk to take certain action, Assembly Chair Hall, Vice-Chair Trombley and Assembly Public Safety Committee Chair Honeman. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 3of22 9.B.3. Resolution No. AR 2013-321, a resolution of the Municipality of Anchorage appropriating $11,000 from the State of Alaska, Department of Transportation and Public Facilities (DOT&PF), Ted Stevens Anchorage International Airport, from ·a Memorandum of Understanding (MOU), and $7,642 as a contribution from the 2013 Community Development Operating Budget, Areawide General Fund (101), to the State Dir/Fed Pass-Thru Grants Fund (231) to provide funding for an Airport Land Trade Task Force facilitator professional services contract in the Community Development Department, Planning Division, Long-Range Planning Section. 9.B.3. a) Assembly Memorandum No. AM 696-2013. 9.B.4. Resolution No. AR 2013-322, a resolution adopting the 2014 Legislative Program for the Municipality of Anchorage, Mayor's Office. Jennifer Johnston moved, to approve AR 2013-322 Patrick Flynn seconded, and this motion PASSED, as amended, 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Elvi Gray-Jackson moved, to amend AR 2013-322,with Amendment 1, on Pages 5 Dick Traini seconded, and 53, to add: Tikishla Park Safety lmprovements .......... $50,000 This project will fund the safety improvements at Tikishla Park. and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Elvi Gray-Jackson moved, to amend AR 2013-322, with Amendment 2, on Pages 22 Dick Traini seconded, and 52, to add: East High School Area Pedestrian Access and Safety lmprovements ...... ~ ... $250,000 This project will study options for improving pedestrian safety at the intersections of Bragaw Street and East Northern Lights Boulevard and Bragaw Street and 20th Avenue, make recommendations and construct the safety improvements. This project is a priority for the Airport Heights Community Council. and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Adam Trombley moved, to amend AR 2013-322 with amendment 3, on Pages 21 Dick Traini seconded, and 49, to add: Arctic Blvd at Chester Creek Bridge Replacement .......... $2,000,000 This project will fund replacement of the culvert under Arctic Boulevard with a bridge on Arctic Boulevard, over Chester Creek. The existing culvert constricts the flow of Chester Creek at Arctic Boulevard on the West end of Valley of the Moon Park. During storm events and winter icing periods, the damming effect of the culvert creates a dangerous high water/ice level in the creek basin. These high levels render the Chester Creek trail impassable and have resulted in property damage to homes along the creek. and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None LUCINDA MAHONEY, Chief Financial Officer, spoke. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 4 of 22 Patrick Flynn moved, to amend AR 2013-322 with amendment 4, Page 1, as Adam Trombley seconded, follows: Port of Anchorage lntermodal Expansion Project. ......... $100,000,000[$20,000,000][$250,000,000] and this motion PASSED, as amended, 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None DAN SULLIVAN, Mayor, spoke. Amy Demboski moved, to amend Amendment 4 as follows: Port of Anchorage Chris Birch seconded, lntermodal Expansion Project. ......... $1 oo.ooo.ooof$20.ooo.0001 and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Clerk's Note: Amendment 5 was pulled and not introduced. Patrick Flynn moved, to amend AR 2013-322 with Amendment 6, Page 29 as Adam Trombley seconded, follows: [Indigent Defense Fee: Make the indigent defense fee assessed to defendants post conviction or plea a mandatory, not discretionary, fee to allow local jurisdictions to capture at least a portion of the funds expended.] and this motion FAILED 5 - 6. AYES: Jennifer Johnston, Elvi Gray-Jackson, Patrick Flynn, Tim Steele, Ernie Hall NAYS: Dick Traini, Paul Honeman, Adam Trombley, Bill Starr, Amy Demboski, Chris Birch DENNIS WHEELER, Municipal Attorney, spoke. Patrick Flynn moved, to amend AR 2013-322 with Amendment 7, Page 30, to Adam Trombley seconded, insert as follows: Alcohol Beverage Tax: There is an unmet need for additional substance abuse treatment. Currently, 50% of the taxes collected under the Alcoholic Beverage Tax (AS 43.60.050) is allocated to treatment and prevention. The Municipality recommends 100% of the tax be devoted to funding additional treatment services. and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Jennifer Johnston moved, to amend AR 2013-322 with Amendment 8, Pages 8 and Chris Birch seconded, 62, to insert as follows: Rehabilitation of Lake Complex .......... $4,975,000 This project will fund the rehabilitation of the natural ecosystems and investigation into installation of drainage improvements at four lakes in the southwest region of the Municipality of Anchorage, namely, Campbell Lake, Sand Lake, Sundi Lake, and Jewel Lake. The project further proposes to begin the installation of mitigation measures for the four lakes to capture sediment, possible contaminants, and other contributing factors, and will result in the improvement of their water quality and drainage. A decrease in sedimentation and excess nutrients currently plaguing these lakes will address the subsequent overgrowth of vegetation brought on by the imbalance of the natural ecosystem. This project proposes to include dealing with non-native and invasive plants that may be found to be harming these lakes. ASWCD further intends to include best management practices to control problems it encounters in its investigation. Table: Investigation and planning of all four lakes - $500,000 Install diversion/barriers where necessary - Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 5of22 $1,000,000 Install BMPs where necessary - $750,000 Install sediment/separators where necessary - $2,000,000 Other infrastructure/improvements as necessary - $325,000 Administration Expenses - $400,000 Total: $4,975,000 and this motion PASSED 11 -0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Jennifer Johnston moved, to amend AR 2013-322 with Amendment 9, Pages 19 Adam Trombley seconded, and 80, as follows: Girdwood Multi-Purpose Community Building ..... $2,539,609 This project proposed by the Turnagain Arm Service Coalition (TASC), Girdwood Board of Supervisors sub- committee, is a quantum step in infrastructure growth [GROWN] for Girdwood. TASC is a cooperative group consisting of Girdwood Health Clinic, Inc., Little Bears Playhouse, Inc., and Girdwood Community and Recreation Task Force. The group is driven by the vision of! vibrant community anchor in the Girdwood South Townsite area that will serve not only the Girdwood community but the Four Valleys and visitors, and be an asset to the economic engine that is the.Girdwood recreational [RECREATION] complex. The Municipality of Anchorage [MGA] has shown support by reserving [REVERSING] a 6.8 acre tract in the South Townsite. At this stage in the project the overall development cost is projected to be $20 million. Applications for grants and fund raising are ongoing and the community requests $2,539,609 to launch design, review, permitting, and geotechnical work. and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Jennifer Johnston moved, to amend AR 2013-322 with Amendment 10, Pages 19 Patrick Flynn seconded, and 80, to delete as follows: [Replace Glacier City Hall & Little Bears Facilities Girdwood .......... $1,500,000 Facilities are unsafe and may collapse if sno1N is allowed to build up on roofs. Tenant will not be allowed to enter facility until snow is cleaned from roof. Building i.vere analyzed by a structural engineer. Both facilities do not meet design standards for snow load.] and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 6 of 22 Jennifer Johnston moved, to amend AR 2013-322 with Amendment 11, Pages 22 Chris Birch seconded, and 63 to insert at follows: East Klatt Rd Area Drainage lmprovements .......... $1, 145,000 This project will fund construction of a new piped storm drain collection system along East Klatt Road and tie it into the existing storm drains on Daryl Avenue at Broaddus Street. The existing ditches on the north and south side of East Klatt Road are inadequate to handle the drainage from storm events. Excess water crosses East Klatt Road and flows downhill in the yards and homes of property owners on the north side of the street. A 2013 concept report recommended the installation of a piped section as the most cost effective, long-term solution to the problem. and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Jennifer Johnston moved, to amend AR 2013-322 with Amendment 12, Pages 22 Paul Honeman seconded, and 79, to delete as follows: [Hightov,ier Rd Upgrade Alyeska Hwy To Community Center. ......... $900,000 This project will upgrade the local road that serves the Girdwood Community Center and Library. Improvements are expected to include a new road base, pavement, storm drainage, pedestrian facilities, traffic calming, and street lighting. The scope will be developed during the design process which includes significant public involvement. A 2012 state grant funded design which is underway. State grant funding is proposed for construction. This project is one of Girdwood's highest priority transportation projects. This road has never been built to current standards. The recently completed public facilities will create an increase in traffic volume for this road. The grant funding may be used for planning, design, utility work, obtaining rights of way and easements, construction, and any work associated 1.vith upgrading the roadway and its amenities.] and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 7 of 22 Jennifer Johnston moved, to amend AR 2013-322 with Amendment 13, Pages 24 Paul Honeman seconded, and 80, to insert as follows: Porcupine Trail Rd at Rabbit Creek Bridge Replacement.......... $300,000 This project will fund removal of existing cast-in- place concrete with culverts and construct a replacement span bridge or similar structure on Porcupine Trail Road at Rabbit Creek. The existing cast-in-place concrete slab with three culverts is insufficient to handle extra drainage flow events of Rabbit Creek. The existing structure is comparable to a dam with holes in it that frequently freezes up in the winter and can be blocked with debris the rest of the year. The winter freezing, and spring and summer blockage creates a damming effect that causes the creek to flow over the banks, washing out the roadway and local yards resulting in a safety hazard and threat to homes in the area. The concrete culvert also impedes fish passage and prevents salmon continuing their journey upstream. Year-round maintenance, along with debris and ice removal is required by area residents to minimize negative impacts and maintain access to their homes. This project is a priority for neighborhood residents. and this motion PASSED 11 - O. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 9.B.5. Resolution No. AR 2013-329, a resolution correcting the first installment due date and interest accrual start date for Special Assessment District 04-36, which constructed street improvements to Leawood Drive and Roy Street, Department of Law. 9.B.6. Resolution No. AR 2013-330, a resolution adopting an alternative allocation method for the SOA FY14 Shared Fisheries Business Tax Program and certifying that this allocation method fairly represents the relative distribution of significant effects of fisheries business activity in the Fisheries Management Area 14: Cook Inlet, Office of Management and Budget. 9.B.6. a) Assembly Memorandum No. AM 722-2013. 9.B.7. Resolution No. AR 2013-331, a resolution appropriating $45,492 of Police and Fire Retiree Medical Liability Fund (313) Fund Balance to the Police and Fire Retiree Medical Liability Fund (313), Employee Relations Department, as a contribution to the Police and Fire Medical Expenditure Trust Fund (713) to make the 2013 required payments to retirees covered by Medical Trust Program, Office of Management and Budget. (Addendum) 9.B.7. a) Assembly Memorandum No. AM 729-2013. 9.B.8. Resolution No. AR 2013-332, a resolution of the Anchorage Municipal Assembly appropriating $30,000 from Areawide General Fund Balance (101) to the Department of Assembly (Fund 101) to provide funding for independent legal counsel in the defense of Sullivan v. Anchorage Municipal Assembly, 3AN-13-10241CI, Assembly Chair Hall. (Addendum) Adam Trombley moved, to approve AR 2013-332 Jennifer Johnston seconded, and this motion PASSED, as amended, 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Adam Trombley moved, to amend AR 2013-332, Line 13, as follows: WHEREAS, Chris Birch seconded, Assembly Counsel[Council] does not have sufficient staff to handle litigation, yet and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None LUCINDA MAHONEY, Chief Financial Officer, spoke. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 8 of 22 9.C. BID AWARDS 9.C.1. Assembly Memorandum No. AM 730-2013, recommendation of award to KME Fire Apparatus for triple combination pumper fire apparatus to the Municipality of Anchorage, Anchorage Fire Department (AFD) (ITB 2013B051) ($591,328), Purchasing Department. (Addendum) Clerk's Note: At the beginning of the meeting, Assemblymember Demboski declared a potential conflict of interest and Chair Hall declared that she did not have a conflict. 9.C.2. Assembly Memorandum No. AM 731-2013, recommendation of award to Construction Machinery Industrial, LLC for waste disposal four-wheel drive front-end loader to the Municipality of Anchorage, Solid Waste Services (SWS) (ITB 2013B074) ($799,000), Purchasing Department. (Addendum) 9.D. NEW BUSINESS 9.D.1. Assembly Memorandum No. AM 710-2013, Arts Advisory Commission appointment (Mary Elizabeth Rider), Mayor's Office. 9.D.2. Assembly Memorandum No. AM 711-2013, Board of Building Regulation Examiners and Appeals appointment (Eric D. Cowling), Mayor's Office. 9.D.3. Assembly Memorandum No. AM 712-2013, Eagle River-Chugiak Park and Recreation Service Area Board of Supervisors appointments (Maria J. Rentz and James Tilton), Mayor's Office. 9.D.4. Assembly Memorandum No. AM 713-2013, Health and Human Services Commission appointment (Matthew L. Thomas), Mayor's Office. 9.D.5. Assembly Memorandum No. AM 714-2013, Library Advisory Board appointment (Lucy Flynn Zuccotti), Mayor's Office. 9.D.6. Assembly Memorandum No. AM 715-2013, Amendment No. 3 with B.C. Excavation, LLC for miscellaneous construction services ($750,000), Anchorage Water and Wastewater Utility. 9.D.7. Assembly Memorandum No. AM 716-2013, cooperative purchase with Hewlett Packard (HP) to furnish HP servers and VMWare software to the Municipality of Anchorage, Information Technology Department (ITD) ($127,859.96), Purchasing Department. 9.D.8. Assembly Memorandum No. AM 717-2013, proprietary contract to Paramount Supply for the Municipality of Anchorage, Municipal Light & Power ($150,000), Purchasing Department. 9.D.9. Assembly Memorandum No. AM 718-2013, authorization to enter into Amendment No. 1, Transfer of Responsibilities Agreement (TORA) with the Alaska Department of Transportation & Public Facilities (ADOT&PF) for the construction of Olympic Mountain Loop Road lmprovements-Girdwood, Public Works Department, Project Management and Engineering Division (PM&E) Project No. 05-32 ($1,439,291) 9.D.10.Assembly Memorandum No. AM 719-2013, proprietary contract to provide three-phase underground electric service with Chugach Electric Association, Inc. for the Municipality of Anchorage, Public Works Department, Maintenance and Operations Division, Capital Projects Section ($81,005.69), Purchasing Department. 9.D.11.Assembly Memorandum No. AM 720-2013, recommendation to award various carriers for providing various insurance coverage to the Municipality of Anchorage, Risk Management Division ($675, 750). 9.D.12.Assembly Memorandum No. AM 721-2013, Wohlfarth, Brecht, Cartledge & Brooking Law Offices Professional Legal Services Contract relating to appeal case of Holleman, Alward V. MOA. ($29,000), Municipal Clerk. 9.D.13.Assembly Memorandum No. AM 732-2013, proprietary purchase with Data Transfer Solutions (OTS) to provide a custom, automated, web-based Transportation Improvement Program (TIP) for the Anchorage Metropolitan Area Transportation Solutions (AMATS), for the Municipality of Anchorage, Community Development Department ($39,200), Purchasing Department. (Addendum) 9. D.14. Assembly Memorandum No. AM 733-2013, proprietary services contract with Anchor-AGE Center, Inc. (Anchor-Age) for the management of the Anchorage Senior Center for the Municipality of Anchorage, Department of Health & Human Services ($1,560,000), Purchasing Department. (Addendum) 9. D.15. Assembly Memorandum No. AM 734-2013, Birch Horton Bittner & Cherot professional legal services contract relating to Sullivan v. Anchorage Municipal Assembly ($19,000), Assembly Chair Hall. (Laid on the Table) Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 9 of 22 9.E. INFORMATION AND REPORTS 9.E.1. Information Memorandum No. AIM 142-2013, Annual Assembly ADA Commission Activity Report, Department of Health and Human Services. Adam Trombley moved, to accept AIM 142-2013 Bill Starr seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None DAVID ZIEMER, Americans with Disabilities Act (ADA) Commission, spoke. CHRISTINE KING, ADA Commission, spoke. LYNNE KORAL, ADA Commission, spoke and introduced her Service Dog, Noelle. 9.E.2. Information Memorandum No. AIM 143-2013, Monthly Bar Safety Hour Applications and Permits Report, Municipal Clerk. 9.E.3. Information Memorandum No. AIM 145-2013, Executive Appointments and Compensation (Kevin C. Bergt, Municipal Atty II; Jennifer Castro, Spec Admin Asst II-Police; Jacqueline Duke, Spec Admin Asst 1-ML&P; Molly J. Eastman, Spec Admin Asst 11-SWS; Connie Ernst, Risk Manager-Municipal Manager; Mark A. Johnston, Spec Admin Asst 11-ML&P; Michael King II, Municipal Atty I; Tracy Mears, Special Admin Asst II-Municipal Manager; Bryant T. Robbins, Municipal Assessor-Finance; Sarah E. Stanley, Municipal Atty I; Troy W. Swanson, Utility Div Dir 11-AWWU; Michelle G,. Torres, Special Admin Asst II-Municipal Manager; Robin Ward, Spec Admin Asst II-Real Estate Svcs.; James Hinkle, Deputy Dir II-Port of Anchorage), Employee Relations Department. (Addendum) 9.E.4. Information Memorandum No. AIM 146-2013, October 2013 Expenditure Report, Finance Department. (Addendum) Bill Starr moved, to accept Al M 146-2013 Adam Trombley seconded, and this motion PASSED 11 - O. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None LUCINDA MAHONEY, Chief Financial Officer, spoke. 9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 9.F.1. Ordinance No. AO 2013-143, an ordinance amending Anchorage Municipal Code Chapter 3.40 to add to and clarify the review and approval process for proposed municipal regulations, Assemblymember Trombley. P.H. 1-14-14 9.F.2. Ordinance No. AO 2013-145, 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 $12,050,000 for the purpose of financing a portion of eight AWWU Capital Improvement Water Projects and providing for related matters, Anchorage Water and Wastewater Utility. P.H. 1-14-14. 9.F.2. a) Assembly Memorandum No. AM 703-2013. 9.F.3. Ordinance No. AO 2013-146, an ordinance authorizing a ground space lease, located on a portion of Tract B2, Turnagain View East Subdivision, between Anchorage Water and Wastewater Utility and AT&T Mobility. P.H. 1-14-14. 9.F.3. a) Assembly Memorandum No. AM 704-2013. 9.F.4. Ordinance No. AO 2013-147, an ordinance authorizing a non-exclusive telecommunications and electrical easement within a parcel of land located within Ptarmigan Elementary School Site, according to Plat No. 73-123, on file in the Office of the District Recorder, Anchorage Recording District, Third Judicial District, State of Alaska, Public Works Department. P.H. 1-14- 14. 9.F.4. a) Assembly Memorandum No. AM 705-2013. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 10of22 9.F.5. Ordinance No. AO 2013-148, an ordinance authorizing a one year lease with options to extend, between the Municipality of Anchorage and First American Title Company, a California corporation, for Suite 168, a 374 square foot office space in the Eagle River Town Center, located at 12001 Business Boulevard in Eagle River, Real Estate Department. P.H. 1-14-14. 9.F.5. a) Assembly Memorandum No. AM 706-2013. 9.F.6. Ordinance No. AO 2013-149, an ordinance of the Municipality of Anchorage, Alaska, authorizing extension of a Master Tax-Exempt Lease/Purchase Agreement with KeyBank for the financing of various capital expenditures by the Municipality, Finance Department/Public Finance and Investments Division. P.H. 1-14-14. 9.F.6. a) Assembly Memorandum No. AM 707-2013. 9.F.7. Ordinance No. AO 2013-150, an ordinance waiving application of Anchorage Municipal Code Section 1.15. 025G., Restrictions On Employment After Leaving Municipal Service, for Richard A Steckel, Anchorage Water and Wastewater Utility. P.H. 1-14-14. 9.F.7. a) Assembly Memorandum No. AM 723-2013. 9.F.8. Ordinance No. AO 2013-151, an ordinance of the Municipality of Anchorage amending the Chugiak-Eagle River Comprehensive Plan Update Land Use Plan Map, to reclassify lands to "Industrial" and "Community Facility" use classifications near the Eklutna Interchange of the Glenn Highway and provide corrections to place names and make minor cosmetic corrections (Planning and Zoning Commission Case 2013-114), Community Development Department/Planning Division. P.H. 1-14-14. 9.F.8. a) Assembly Memorandum No. AM 724-2013. 9.F.9. Resolution No. AR 2013-323, a resolution amending multiple special assessment rolls to remove government or public corporation properties exempt from local special assessments pursuant to state or federal law; extinguish the balances of uncollectable assessments, penalties and interest due from the removed properties; authorizing modification of municipal accounts for the special assessment districts accordingly; and authorizing dissolution of the special assessment districts as appropriate, Anchorage Water and Wastewater Utility. P.H. 1- 14-14. 9.F.9. a) Assembly Memorandum No. AM 697-2013. 9.F.10. Resolution No. AR 2013-324, a resolution of the Municipality of Anchorage, Alaska approving water improvements to be constructed in conjunction with the "A" Street Road Upgrades and providing for assessment of benefited properties at the time of service connection, Anchorage Water and Wastewater Utility. P.H. 1-14-14. 9.F.10. a) Assembly Memorandum No. AM 698-2013. 9.F.11. Resolution No. AR 2013-325, a resolution of the Municipality of Anchorage appropriating $500,000 from the U.S. Department of Justice, Community Oriented Policing Services and $59,731 as a contribution from the 2013 Anchorage Police Department Operating Budget, Anchorage Metropolitan Police Service Area Fund (151) to the Federal Grants Fund (241), Anchorage Police Department, for the COPS Hiring Recovery Program. P.H. 1-14-14. 9.F.11. a) Assembly Memorandum No. AM 699-2013. 9.F.12. Resolution No. AR 2013-326, a resolution of the Municipality of Anchorage appropriating $314,041 as a grant from the Department of Military and Veterans Affairs, Division of Homeland Security and Emergency Management and contribution of $5, 161 from the Anchorage Metropolitan Police Service Area Fund (151) Anchorage Police Department's 2013 Operating Budget, $648 from Anchorage Fire Service Area Fund (131) Anchorage Fire Department 2013 Operating Budget and $1,100 from Anchorage Areawide Operating Fund (101) Municipal Manager Department, Office of Emergency Management 2013 Operating Budget to the State Dir/Fed Pass-Thru Grants Fund (231) for 2013 State Homeland Security Program (SHSP) grant activities in the Municipal Manager's Department, Office of Emergency Management. P.H. 1-14- 14. 9.F.12. a) Assembly Memorandum No. AM 700-2013. Clerk's Note: At the beginning of the meeting, Assemblymember Demboski declared a potential conflict of interest and Chair Hall declared that she did not have a conflict. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 11of22 9.F.13. Resolution No. AR 2013-327, a resolution of the Municipality of Anchorage appropriating $235,000 from the Chugiak Birchwood Eagle River Rural Road Service Area (CBERRRSA) Fund (119) Fund Balance to the CBERRRSA 2013 General Operating Budget, Public Works Department, for 2013 operating expenses for year round road maintenance within CBERRRSA. P.H. 1-14-14. 9.F.13. a) Assembly Memorandum No. AM 701-2013. 9.F.14. Resolution No. AR 2013-328, a resolution of the Anchorage Municipal Assembly ratifying Executive Order 2013-018 an executive order re-naming Davis Street to Grayling Court, Municipal Clerk. P.H. 1-14-14. 9.F.14. a) Assembly Memorandum No. AM 702-2013. 9.F.14. b) Assembly Memorandum No. AM 702-2013(A), Executive Order Ratification -Street Name Change - Davis Street to Grayling Court, Municipal Clerk. (Addendum) 9. F.15. Assembly Memorandum No. AM 708-2013, Planning and Zoning Commission appointment (Brandon Walker), Mayor's Office. Public Comment: 1-14-14. 9.F.16. Assembly Memorandum No. AM 709-2013, Urban Design Commission appointments (Joel Condon, Edward Leonetti, and Nichole M. Rehm), Mayor's Office. Public Comment: 1-14-14 9.F.17. Ordinance No. AO 2013-152, an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Section 28.20.010 to require reasonable advance public notice and voter approval to change the date of regular municipal elections, Assemblymembers Gray- Jackson, Traini and Steele. P.H. 1-14-14. (Addendum) 9.F.18. Ordinance No. AO 2013-153, an ordinance submitting to the qualified voters of the Municipality at the Regular Municipal Election on April 1, 2014, a ballot proposition implementing an amendment to the Anchorage Municipal Charter, Section 11.01 - Regular Elections -- to provide for advance voter approval and public notice of the ordinance changing the annual day for Regular Municipal Elections, Assemblymembers Gray-Jackson, Traini and Steele. P.H. 1-14- 14. (Addendum) 9.F.19. Ordinance No. AO 2013-154, an ordinance of the Anchorage Municipal Assembly amending the Ethics Code, Anchorage Municipal Code Chapter 1.15; allowing incumbent Assembly member sponsorship and participation in the change of the election date notwithstanding a corresponding change in their tenure on the Assembly; and amending Anchorage Municipal Code Chapter 28.20 to change the time for the Regular Municipal Election from the first Tuesday in April to the first Tuesday after the first Monday in November, beginning with the 2014 Regular Municipal Election, Assemblymember Birch. (Addendum) 9.F.19. a) Assembly Memorandum No. AM 726-2013. Clerk's Note: Assemblymember Birch pulled AO 2013-154 as he did not wish to introduce it. 9.F.20. Ordinance No. AO 2013-155, an ordinance waiving application of Anchorage Municipal Code Section 1.15.025G., Restrictions on Employment After Leaving Municipal Service, for William A. Earnhart, Department of Law. P.H. 1-14-14. (Addendum) 9.F.20. a) Assembly Memorandum No. AM 727-2013. 9.F.21. Ordinance No. AO 2013-156, an ordinance amending Anchorage Municipal Code Chapter 8.35 to add a section prohibiting illicit synthetic drugs such as "Spice", "K2", and "Bath Salts"; and providing for a minor offense penalty, Department of Law. P.H. 1-14-14. (Addendum) 9.F.21. a) Assembly Memorandum No. AM 728-2013. 9.F.22. Ordinance No. AO 2013-157, an ordinance of the Anchorage Municipal Assembly amending the Ethics Code, Anchorage Municipal Code Chapter 1.15; allowing. incumbent Assembly member sponsorship and participation in the change of the election date; and amending Anchorage Municipal Code Chapter 28.20 to change the time for the Regular Municipal Election from the first Tuesday in April to a date to be determined, Assemblymember Birch. P.H. 1-14-14. (Laid on the Table) 9.F.22. a) Assembly Memorandum No. AM 735-2013. Chris Birch moved, to introduce AO 2013-157. Jennifer Johnston seconded, Amy Demboski concurring third, Clerk's Note: AO 2013-157 was referred to Ethics and Election Committee.  Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 12 of 22 9.F.23. Ordinance No. AO 2013-158, an ordinance approving the International Association of Firefighters Local 1264 Collective Bargaining Agreement Wage Reopener Increase for 2014, Employee Relations Department. P.H. 1-14-14. (Laid on the Table) 9.F.23. a) Assembly Memorandum No. AM 736-2013. Clerk's Note: At the beginning of the meeting Assemblymember Demboski declared a potential conflict of interest and Chair Hall declared that she had a conflict interest after a vote was taken. 9.F.24. Ordinance No. AO 2013-159, an ordinance approving the Anchorage Police Department Employee Association Collective Bargaining Agreement Wage Reopener Increase for 2014, Employee Relations Department. P.H. 1-14-14 (Laid on the Table) 9.F.24. a) Assembly Memorandum No. AM 737-2013. 10. REGULAR AGENDA 10.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 Clerk's Note: Due to time constraints, Appearance Requests were taken up before Old Business. 11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING 11.A. Information Memorandum No. AIM 135-2013, Internal Audit Report 2013-08 - Chugiak Volunteer Fire Department - Fiscal Internal Controls, Anchorage Fire Department. (POSTPONED FROM 12-3-13) Elvi Gray-Jackson moved, to accept AIM 135-2013 Bill Starr seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 11.B. Assembly Memorandum No. AM 643-2013, recommendation of award to the Denali Law Group to provide indigent defense counsel for the Municipality of Anchorage, Department of the Municipal Attorney (RFP 2013-P020) ($1, 139,800), Purchasing Department. (POSTPONED FROM 11-5-13) 11.B.1. Information Memorandum No. AIM 141-2013, withdrawal of Bid Protest for No. AM 643- 2013, Recommendation of Award to Denali Law Group for Indigent Defense Counsel for the Municipality of Anchorage, Department of the Municipal Attorney (RFP 2013-P020), Purchasing Department. 11.B.2. Information Memorandum No. AIM 144-2013, AM 643-2013; Report of the Bidding Review Board's Review of Intent to Award for Proposal (RFP) 2013-P020 to provide primary indigent defense services for the Municipality of Anchorage, Municipal Attorney's Office. Purchasing Department. Dick Traini moved, to approve AM 643-2013 Adam Trombley seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Clerk's Note: AM 643-2013 had no motion pending from the Regular Assembly Meeting of November 5, 2013. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 13 of 22 11.C. Resolution No. AR 2013-276, a resolution of the Anchorage Municipal Assembly establishing municipal policy guidelines and direction for collective bargaining and contract negotiations, Assemblymember Starr. (PUBLIC HEARING WAS CLOSED 11-5-13. ACTION WAS POSTPONED FROM 11-5-13.) Bill Starr moved, to postpone action on AR 2013-276 to the Regular Jennifer Johnston seconded, Assembly Meeting of February 11, 2014 and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 11.D. NOTICE OF RECONSIDERATION: Resolution No. AR 2013-256, a resolution of the Municipality of Anchorage appropriating, State of Alaska grant in Senate Bill 18, when tendered, of $10,500,000 to the Public Works Department for various facility improvements, Assemblymembers Starr, Traini, and Trombley. 11.D.1. Assembly Memorandum No. AM 564-2013. 11.D.2. Information Memorandum No. AIM 125-2013, Project 80's Renewal Appropriations - AR 2013-256, Assemblymember Starr. 11.D.3. Assembly Memorandum No. AM 564-2013(A), a resolution of the Municipality of Anchorage appropriating, State of Alaska grant in Senate Bil.I 18, when tendered, of $10,500,000 to the Public Works Department for various facility improvements, Assemblymember Starr. 11.D.4. Assembly Memorandum No. AM 564-2013(A-1 ), a resolution of the Municipality of Anchorage appropriating, State of Alaska grant in Senate Bill 18, when tendered, of $10,500,000 to the Public Works Department for various facility improvements, Assemblymember Starr. · (FAILED 12-3-13. NOTICE OF RECONSIDERATION WAS GIVEN BY MS. DEMBOSKI 12-3-13.) 11.D.5. Resolution No. AR 2013-256(S), a resolution of the Municipality of Anchorage appropriating, State of Alaska grant in Senate Bill 18, when tendered, of $10,500,000 to the Public Works Department for various facility improvements, Assembly Chair Hall, Assemblymember Demboski 11.D.6. Resolution No. AR 2013-256(S-1 ), a resolution of the Municipality of Anchorage appropriating, State of Alaska grant in Senate Bill 18, when tendered, of $10,500,000 to the Public Works Department for various facility improvements, Assembly Chair Hall and Assemblymember Steele. (Laid on the Table) Amy Demboski moved, the question before the Body, "Shall we reconsider?" Dick Traini seconded, and this motion PASSED 10 -1. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Paul Honeman, Dick Traini NAYS: Jennifer Johnston Tim Steele moved, to approve AR 2013-256(S-1) Jennifer Johnston seconded, and this motion FAILED 5 - 6. AYES: Chris Birch, Tim Steele, Patrick Flynn, Ernie Hall, Jennifer Johnston NAYS: Amy Demboski, Bill Starr, Adam Trombley, Elvi Gray-Jackson, Paul Honeman, Dick Traini DAN SULLIVAN, Mayor, spoke. DENNIS WHEELER, Municipal Attorney, spoke. Amy Demboski moved, to approve AR 2013-256(S) Dick Traini seconded, and this motion PASSED, as amended, 9 - 2. AYES: Chris Birch, Tim Steele, Bill Starr, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: Amy Demboski, Patrick Flynn Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 14of22 Amy Demboski moved, to amend AR 2013-256(S) with Amendment 1, Page 1, Adam Trombley seconded, Line 28, as follows: be for a bond in the amount not to exceed $5,263,035 for the construction, and this motion PASSED 10 -1. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Paul Honeman, Dick Traini NAYS: Jennifer Johnston Jennifer Johnston moved, to amend AR 2013-256(S) with Amendment 2, Page 1, Chris Birch seconded, by deleting lines 25-37 as follows: [Section 2: The Municipal Attorney's Office shall prepare an ordinance for presentation of a proposition to the eligible voters in the Anchorage Parks and Recreation Service .ti.rea at the 2014 regular municipal election. The proposition shall be for a bond in an amount not to exceed $5,263,035 for the construction, operation, and maintenance of a multi use recreational facility. Section 3. The amount available and appropriated for the new multi use recreation facility in the attached table shall not be utilized by the Municipality prior to the certification of the 2014 regular election. In the event a bond proposition fails, this amount shall automatically be reallocated without further appropriation to the other Project 80's facilities identified in the TPS report 61024v1, dated May 9, 2013, in accordance with approved capital improvement programs.] and this motion FAILED 5 - 6. AYES: Chris Birch, Tim Steele, Patrick Flynn, Adam Trombley, Jennifer Johnston NAYS: Amy Demboski, Bill Starr, Ernie Hall, Elvi Gray-Jackson, Paul Honeman, Dick Traini DAN SULLIVAN, Mayor, spoke. Clerk's Note: Assemblymember Traini called the question on the amendment Dick Traini moved, to amend AR 2013-256(S) with Amendment 3, Page 1, Amy Demboski seconded, section 2, beginning at line 29, as follows: construction, operation, and maintenance of a multi-use recreational facility. The ballot proposition shall not be combined with other parks and recreation bond propositions unrelated to the construction, operation, and maintenance of a multi-use recreational facility. and this motion PASSED 6 - 5. AYES: Amy Demboski, Bill Starr, Adam Trombley, Elvi Gray-Jackson, Paul Honeman, Dick Traini NAYS: Chris Birch, Tim Steele, Patrick Flynn, Ernie Hall, Jennifer Johnston LUCINDA MAHONEY, Chief Financial Officer, spoke. Adam Trombley moved, to reconsider Amendment 2 Jennifer Johnston seconded, and this motion PASSED 7 - 4. AYES: Chris Birch, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Jennifer Johnston NAYS: Amy Demboski, Elvi Gray-Jackson, Paul Honeman, Dick Traini Jennifer Johnston moved, to amend AR 2013-256(S) with Amendment 2, Page 1, Chris Birch seconded, by deleting lines 25-37, as follows: [Section 2: The Municipal Attorney's Office shall prepare an ordinance for presentation of a proposition to the eligible voters in the Anchorage Parks and Recreation Service Area at the 2014 regular municipal election. The proposition shall be for a bond in an amount not to exceed $5,263,035 for the construction, operation, and maintenance of a multi use recreational facility. Section 3. The amount available and appropriated for the new multi use recreation facility in the attached table shall not be utilized by the Municipality prior to the certification of the 2014 regular election. In the event a Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 15 of 22 bond proposition fails, this amount shall automatically be reallocated without further appropriation to the other Project 80's facilities identified in the TPS report 61024v1, dated May 9, 2013, in accorda.nce with approved capital improvement programs.] and this motion PASSED 6 - 5. AYES: Chris Birch, Tim Steele, Patrick Flynn, Adam Trombley, Ernie Hall, Jennifer Johnston NAYS: Amy Demboski, Bill Starr, Elvi Gray-Jackson, Paul Honeman, Dick Traini • Jennifer Johnston moved, to amend AR 2013-256(S) with Amendment 4, as Chris Birch seconded, follows: Project 80's Allocation Table: Sullivan Arena, Allocation Amount $4,438,000($4,238,000][$3,868,000]; Ben Boeke Ice Arena, Allocation Amount $1, 135,000; Dempsey Anderson Ice Arena, $520,000; Future Multipurpose Facility At Dempsey Anderson site, Allocation Amount $4,407 ,000 [$4,977,000] and this motion PASSED, as amended, 10 -1. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Adam Trombley, Ernie Hall, Elvi Gray- Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: Patrick Flynn DAN SULLIVAN, Mayor, spoke. GEORGE VAKALIS, Municipal Manager, spoke. Paul Honeman moved, to amend Amendment 4 as follows, with. substitution: Bill Starr seconded, Sullivan Arena, Allocation Amount $4,438,000 [$4,238,000] [$3,868,000]; Future Multipurpose Facility At Dempsey Anderson site, Allocation Amount $4,407 ,000 [$4,977,000] and this motion PASSED 6 - 5. AYES: Amy Demboski, Bill Starr, Adam Trombley, Elvi Gray-Jackson, Paul Honeman, Dick Traini NAYS: Chris Birch, Tim Steele, Patrick Flynn, Ernie Hall, Jennifer Johnston GEORGE VAKALIS, Municipal Manager, spoke. DAN SULLIVAN, Mayor, spoke. Mayoral Veto of the Amendment to Amendment 4 of AR 2013-256(S). JULIA TUCKER, Assembly Counsel, spoke. Amy Demboski moved, to override the Mayoral Veto of the Amendment to Paul Honeman seconded, Amendment 4 of AR 2013-256(S) and this motion PASSED 10 -1. AYES: Dick Traini, Paul Honeman, Jennifer Johnston, Elvi Gray-Jackson, Adam Trombley, Bill Starr, Patrick Flynn, Amy Demboski, Tim Steele, Ernie Hall NAYS: Chris Birch DENNIS WHEELER, Municipal Attorney, spoke. Clerk's Note: Assemblymember Demboski corrected the numbers to Assemblymember Honeman's Amendment to Amendment 4. Assemblymember Honeman agreed that the correct amount for the Sullivan Arena should have been $4,438,000. Paul Honeman moved, to correct the allocation amount on the amendment to Amy Demboski seconded, Amendment 4 regarding the Sullivan Arena from $4,238,000 to $4,438,000 and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 16 of 22 Dick Traini moved, for immediate reconsideration of AR 2013-256(S), as Chris Birch seconded, amended and this motion FAILED 0 -11. AYES: None NAYS: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini 11. E. Ordinance No. AO 2013-131, an ordinance of the Anchorage Assembly amending Anchorage Municipal Code Section 25.30.025 to revise the time required for public notice before a vote on the disposal of certain municipal park land; and shortening the notice period for a proposed lease of land in Ure Park to the Spenard Lions Club, Assemblymember Steele. 11.E.1. Assembly Memorandum No. AM 649-2013. (PUBLIC HEARING WAS CLOSED 12-3-13. AMENDED 12-3-13. ACTION WAS POSTPONED FROM 12-3-13.) Tim Steele moved, to suspend the rules and reopen the Public Hearing on Paul Honeman seconded, AO 2013-131 and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Tim Steele moved, to set the public hearing of AO 2013-131 to the Regular Paul Honeman seconded, Assembly Meeting of January 14, 2014 and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Clerk's Note: Motion to approve is on the floor from the Regular Assembly Meeting of December 3, 2013. 11.F. Ordinance No. AO 2013-94, an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Section 8.40.040 to recognize and allow additional police false alarms within a twelve-month period as no-charge events, Assemblymember Birch. 11.F.1. Assembly Memorandum No. AM 470-2013. 11.F.2. Information Memorandum No. AIM 105-2013, Review of AO 2013-94 - Public Safety Advisory Commission's Resolution. (PUBLIC HEARING WAS CLOSED 10-22-13. ACTION WAS POSTPONED FROM 10-22- 13.) Chris Birch moved, to approve AO 2013-94 Jennifer Johnston seconded, and this did not come to a vote. Clerk's Note: AO 2013-94 had no motion pending from the Regular Assembly Meeting of October 22, 2013. Chris Birch moved, to postpone indefinitely AO 2013-94 Jennifer Johnston seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 12. APPEARANCE REQUESTS (SHALL BEGIN NO EARLIER THAN 6:00 P.M. AND NO LATER THAN 6:30 P.M.) 12.A. Jennifer "Jen" Clark, regarding the on-going flooding of homes and condos along Chester Creek and Valley of the Moon where the creek goes under Arctic Blvd. (Laid on the Table) JEN CLARK spoke. GEORGE VAKALIS, Municipal Manager, spoke. DAN SULLIVAN, Mayor, spoke. 13. CONTINUED PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00 P.M.) Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 17 of 22 13.A. Resolution No. AR 2013-303, a resolution of the Anchorage Municipal Assembly appropriating the State of Alaska grant in Senate Bill 18, when tendered, of $4,500,000 to the Public Works Department for various facility improvements, and returning $6,000,000 of the State of Alaska grant in Senate Bill 18 to the State of Alaska, Assemblymember Demboski. (CARRIED OVER FROM 12-3-13) Chair Hall opened the Public Hearing. CATHY GLEASON, President, Turnagain Community Council, testified. Chair Hall closed the Public Hearing. Jennifer Johnston moved, to postpone indefinitely AR 2013-303 Adam Trombley seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 14. NEW PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00 P.M. AND END NO LATER THAN 11:00 P.M.) 14.A. Ordinance No. AO 2013-140, an ordinance authorizing a sublease of municipal leased property to Cabo Coffee, LLC, Real Estate Department. 14.A.1.Assembly Memorandum No. AM 689-2013. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Elvi Gray-Jackson moved, to approve AO 2013-140 Paul Honeman seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None GEORGE VAKALIS, Municipal Manager, spoke. 14.B. Ordinance No. AO 2013-141, an ordinance authorizing a ground space lease, located on a portion of Tract B, Abbott Road Subdivision, between Anchorage Water and Wastewater Utility and Cellco Partnership d/b/a Verizon Wireless. 14.B.1. Assembly Memorandum No. AM 690-2013. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Adam Trombley moved, to approve AO 2013-141 Jennifer Johnston seconded, and this motion PASSED 11 - o. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None BRETT JOKELA, General Manager, Anchorage Water and Wastewater Utility, spoke. BRIAN BAUS, Manager, Development and Planning Services, AWWU, spoke. JIM PREVINO, representing Verizon Wireless, spoke. 14.C. Resolution No. AR 2013-318, a resolution of the Anchorage Municipal Assembly approving an alcoholic beverages conditional use for a Beverage Dispensary Use and License Number 4200, in the B-3 SL (General Business with Special Limitations) District for Texas Roadhouse Holdings, LLC., dba Texas Roadhouse; at 1154 North Muldoon Road, within Gateway Subdivision, Tract A, Fragment Lot 17B-9; generally located north of the Glenn Highway and west of North Muldoon Road, in Anchorage (Northeast Community Council) (Case 2013-157), Community Development Department. 14. C.1. Assembly Memorandum No. AM 695-2013. Chair Hall opened the Public Hearing. NICOLE CORR, Attorney with Patton Boggs LLP, representing Texas Roadhouse, testified. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 18of22 Chair Hall closed the Public Hearing. Chris Birch moved, to approve AR 2013-318 Paul Honeman seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 14.D. Resolution No. AR 2013-313, a resolution of the Municipality of Anchorage appropriating $581,227 from the State of Alaska, Department of Transportation and Public Facilities (DOT&PF), to the State Dir/Fed Pass-Thru Grants Fund (231) for a Transfer of Responsibilities Agreement (TORA) for the Anchorage Metropolitan Area Transportation Solutions (AMATS) Consolidated Municipality of Anchorage (MOA) Metropolitan Transportation Plan (MTP) Travel Demand Model Update Project in the Community Development Department, Planning Division, Transportation Planning Section. 14.D.1.Assembly Memorandum No. AM 681-2013. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Paul Honeman moved, to approve AR 2013-313 Dick Traini seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 14.E. Resolution No. AR 2013-315, a resolution of the Municipality of Anchorage appropriating a Federal Transit Administration (FTA) grant of $920,000 and a contribution of $22,831 from the 2013 Approved Operating Budget Area-Wide General Fund (101), Public Transportation Department, to the Public Transportation Capital Fund (485), Public Transportation Department for capital assistance, and appropriating $3,564,531 of the grant and a contribution of $312,811 from the 2013 Approved Operating Budget, Area-Wide General Fund (101), Public Transportation Department, to the Federal Grants Fund (241 ), Public Transportation Department, for fleet maintenance assistance, the Americans with Disabilities Act (ADA) Paratransit services, operational support and facilities maintenance. 14.E.1.Assembly Memorandum No. AM 693-2013. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Dick Traini moved, to approve AR 2013-315 Jennifer Johnston seconded, and this motion PASSED 11 - 0. A YES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 14.F. Resolution No. AR 2013-316, a resolution of the Municipality of Anchorage accepting a Federal Transit Administration (FTA) Section 5309 Bus and Bus-Related grant and appropriating $2,904,859 and a contribution of $63,882 from the 2013 Approved Operating Budget, Area-Wide General Fund (101), Public Transportation Department, to the Public Transportation Capital Fund (485), Public Transportation Department, for the construction of intermodal facilities and improvements to the Dimond Transit Center. 14.F.1. Assembly Memorandum No. AM 694-2013. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Jennifer Johnston moved, to approve AR 2013-316 Paul Honeman seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None LANCE WILBUR, Transportation Director, spoke. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 19 of 22 14.G. Ordinance No. AO 2013-135, an ordinance providing for the submission to the qualified voters of Anchorage, Alaska, the question of the issuance of Not To Exceed $57,285,000 of General Obligation Bonds of the Municipality of Anchorage to pay the costs of educational capital improvements, planning and design projects and districtwide building life extension projects at the election to be held in the Municipality on April 1, 2014, Anchorage School District. 14.G.1.Assembly Memorandum No. AM 671-2013. 14.G.2.Assembly Memorandum No. AM 671-2013(A), AO 2013-135; one ballot proposition to provide for the issuance of General Obligation Bonds for educational capital improvements, Anchorage School District. (Addendum) Chair Hall opened the Public Hearing. CAROLYN RAMSEY testified. JOHN WHITLOCK, President, Airport Heights Community Council, testifed. SARAH SMITH, Airport Heights Community Council, testified. TIM CASELLAS testified. BARBARA KARL testified. GERAN TARR, State Representative, testified. ED GRAFF, Superintendent, Anchorage School District, testified. TAM AGOSTI-GISLER, President, Anchorage School Board, appeared. MIKE ABBOTT, Chief Operating Officer, Anchorage School District, testified. Chair Hall closed the Public Hearing. Dick Traini moved, to approve AO 2013-135 Jennifer Johnston seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini · NAYS: None Clerk's Note: Reconsideration of AO 2013-135 was taken up after Item 14.1. Adam Trombley moved, for immediate reconsideration of AO 2013-135 Patrick Flynn seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Adam Trombley moved, to substitute AM 671-2013(A) Jennifer Johnston seconded, and this motion PASSED 11 -0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 14.H. Resolution No. AR 2013-311, a resolution of the Anchorage Municipal Assembly revising the 2013 General Government Operating Budget by appropriating $384, 165 from Areawide General Fund Balance (101) to the Department of Assembly (Fund 101) to cover the costs for the 2013 Independent Audit, Assemblymember Gray-Jackson. 14.H.1.Assembly Memorandum No. AM 677-2013. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 20 of 22 Elvi Gray-Jackson moved, to approve AR 2013-311 Paul Honeman seconded, and this motion FAILED 5 - 6. AYES: Tim Steele, Patrick Flynn, Elvi Gray-Jackson, Paul Honeman, Dick Traini NAYS: Chris Birch, Amy Demboski, Bill Starr, Adam Trombley, Ernie Hall, Jennifer Johnston LUCINDA MAHONEY, Chief Financial Officer, spoke. 14.1. Resolution No. AR 2013-312, a resolution of the Municipality of Anchorage adopting the 2014- 2019 Six Year Fiscal Program, Finance Department. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Jennifer Johnston moved, to approve AR 2013-312 Bill Starr seconded, and this motion PASSED 10 -1. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Dick Traini NAYS: Paul Honeman 14.J. Ordinance No. AO 2013-144, an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Section 2.10.075, providing for adoption and submission of the State Legislative Program, Assemblymember Starr. Chair Hall opened the Public Hearing. There was no one to testify and he closed the Public Hearing. Bill Starr moved, to postpone indefinitely AO 2013-144 Amy Demboski seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 14.K. SECOND PUBLIC HEARING~ Ordinance No. AO 2013-130, an ordinance amending Anchorage Municipal Code Title 28, Elections, and related code sections in Title 14, Administrative Enforcement, Assembly Ethics and Elections Committee. 14.K.1. Assembly Memorandum No. AM 647-2013. 14.K.2. Ordinance No. AO 2013-130(S), an ordinance amending Anchorage Municipal Code Title 28, Elections, and related code sections in Title 14, Administrative Enforcement, Assembly Chair Hall. 14.K.3.0rdinance No. AO 2013-130(S-1), an ordinance amending Anchorage Municipal Code Title 28, Elections, and related code sections in Title 14, Administrative Enforcement, Assembly Chair Hall. (Addendum) 14.K.4.Assembly Memorandum No. AM 725-2013. Chair Hall opened the Public Hearing. JIM STEPHENS testified. DAVID DUNSMORE testified. PHIL ISLEY testified. THEDA PITTMAN testifed. CAROLYN RAMSEY testified. BARBARA KARL testified. EUGENE HABERMAN testified. Adam Trombley moved, to continue public hearing on AO 2013-130 until the Dick Traini seconded, Regular Assembly Meeting of January 14, 2014 and this motion PASSED 11 - O. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Anchorage Municipal Assembly Regular Assembly Meeting of December 17, 2013 Page 21of22 14.L. Ordinance No. AO 2013-142, an ordinance amending Anchorage Municipal Code Title 17, Section 17.05.010 Definitions, to redefine Chronic Animal Noise; amending Section 17.10.015 Animals Creating Disturbance or Nuisance; and amending Section 17.15.090 Inspections, Department of Health and Human Services. 14.L.1. Assembly Memorandum No. AM 691-2013. Chair Hall opened the Public Hearing. WILL JOHNSON testified. CHRISTINE ROALOFS, Chugiak Dog Mushers, testified. NEIL KOENIGER, Chair, Animal Control Advisory Board, testified. Chair Hall closed the Public Hearing. Dick Traini moved, to approve AO 2013-142 Elvi Gray-Jackson seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None 14.M. Resolution No. AR 2013-317, a resolution of the Municipality of Anchorage appropriating State of Alaska grant in Senate Bill 18, when tendered, of $10,500,000 to the Public Works Department for various facility improvements, including funds for a new multi-use facility, Department of Law. Chair Hall opened the Public Hearing. CATHY GLEASON, President, Turnagain Community Council, testified. PHIL ISLEY testified. Chair Hall closed the public hearing. Bill Starr moved, to postpone indefinitely AR 2013-317 Amy Demboski seconded, and this motion PASSED 11 - 0. AYES: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Bill Starr moved, for immediate reconsideration Paul Honeman seconded, and this motion FAILED 0 -11. AYES: None NAYS: Chris Birch, Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini 15. SPECIAL ORDERS 16. UNFINISHED AGENDA 17. AUDIENCE PARTICIPATION EUGENE HABERMAN spoke. JOHN O'DAY spoke. 18. ASSEMBLY COMMENTS 19. EXECUTIVE SESSIONS 20. ADJOURNMENT Anchorage Mu~icipal Assembly Regular Assembly Meeting of December 17, 2013 Page 22 of 22 Jennifer ~ohnston moved, Paul Ho ~ eman seconded, to adjourn the Regular Assembly Meeting of December 17, 2013 and this motioi PASSED 11 - 0. AYES: Chris Birch , Amy Demboski, Tim Steele, Bill Starr, Patrick Flynn, Adam Trombley, Ernie Hall, Elvi Gray-Jackson, Jennifer Johnston, Paul Honeman, Dick Traini NAYS: None Chair Hall adjoJ ned the Regular Assembly Meeting of December 17, 2013 at 10:16 p.m. J ATTEST: BARBARA A JCDNES, Mu 1ci EGL/BAJ I 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. J