Assembly - Regular
Regular MeetingAnchorage, AK · December 16, 2014
Minutes
MUNICIPALITY OF ANCHORAGE
ANCHORAGE ASSEMBLY
Assembly Chambers, Z.J. Loussac Library
3600 Denali Street, Anchorage, Alaska
Minutes of the Regular Assembly Meeting of December 16, 2014
1. CALL TO ORDER
Chair Flynn convened the Regular Assembly Meeting of December 16, 2014 at 5:01 p.m.
2. ROLL CALL
PRESENT: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
EXCUSED: None
A quorum was achieved with 11 Assembly members present.
3. PLEDGE OF ALLEGIANCE
Assembly Member Gray-Jackson led the pledge.
4. MINUTES OF PREVIOUS MEETINGS
Dick Traini moved, to change the order of the day to take up Item 15.
Paul Honeman seconded, SPECIAL ORDERS immediately
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
5. MAYOR'S REPORT
DAN SULLIVAN, Mayor, spoke.
6. ASSEMBLY CHAIR'S REPORT
7. COMMITTEE REPORTS
Assembly Member Hall spoke.
Assembly Member Honeman spoke regarding the Public Safety Committee.
Assembly Member Johnston spoke regarding the Title 21 Committee and the Enterprise Oversight
Committee.
Assembly Member Steele spoke regarding the AMATS Policy Committee.
Assembly Member Evans spoke regarding the Ad Hoc Committee on Alcohol & Drug Abuse.
Assembly Member Gray-Jackson spoke regarding the Budget and Finance Committee.
Assembly Member Demboski declared a potential conflict of interest on Item 9.F.5. Chair Traini declared
that Assembly Member Demboski did not have a conflict of interest.
Assembly Member Demboski spoke regarding the Eberhardt vs. MOA Remand to the Assembly.
Assembly Member Petersen spoke.
Assembly Member Starr spoke regarding the Municipal Audit Committee.
8. ADDENDUM TO AGENDA
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December 2014
Bill Starr moved, to incorporate the Addendum and Laid on the Table
Paul Honeman seconded, items 9.B.6, AR 2014-334; 9.F.7, AO 2014-152; and
15.B, AO 2014-137(S) into the Agenda
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
9. CONSENT AGENDA
Bill Starr moved, to approve the Consent Agenda with the exception of
Paul Honeman seconded, items 9.D.5, 9.E.7, and 9.F.5 which were pulled for
further discussion and separate vote
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
9.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS
9.8. RESOLUTIONS FOR ACTION - OTHER
9.B.1. Resolution No. AR 2014-327, a resolution of the Anchorage Municipal Assembly appointing
Darrel Hess to the Office of the Municipal Ombudsman, Assembly members Johnston, Traini,
and Demboski.
9.B.1. a) Assembly Memorandum No. AM 725-2014.
9.B.2. Resolution No. AR 2014-328, a resolution of the Anchorage Municipal Assembly stating its
protest regarding a New Restaurant/Eating Place Liquor License #5358 and Restaurant
Designation Permit for the Perfect Cup Plus, LLC dba The Perfect Cup, located at 800 E.
Dimond Blvd., Ste. 204, Anchorage, and authorizing the Municipal Clerk to take certain action,
Assembly Chair Flynn, Assembly Vice-Chair Traini, and Assembly Public Safety Committee
Chair Honeman.
9.B.3. Resolution No. AR 2014-329, a resolution of the Anchorage Municipal Assembly stating its
protest regarding a New Restaurant/Eating Place Liquor License #5361 and Restaurant
Designation Permit for Terra Bella, Inc., dba Terra Bella Bakery Cafe, located at 601 E. Dimond
Blvd., Ste. 6, Anchorage, and authorizing the Municipal Clerk to take certain action, Assembly
Chair Flynn, Assembly Vice-Chair Traini, and Assembly Public Safety Committee Chair
Honeman.
9.B.4. Resolution No. AR 2014-330, a resolution of the Anchorage Municipal Assembly stating its
protest regarding a New Restaurant/Eating Place Liquor License #5357 and Restaurant
Designation Permit for Sourdough Mining Company, an Alaskan Restaurant, Inc., dba
Sourdough Mining Company, located at 5200 Juneau Street, Anchorage, and authorizing the
Municipal Clerk to take certain action, Assembly Chair Flynn, Assembly Vice-Chair Traini, and
Assembly Public Safety Committee Chair Honeman.
9.B.5. Resolution No. AR 2014-332, a resolution of the Anchorage Municipal Assembly appropriating
$20,000 from Areawide General Fund Balance (101) to the Department of Assembly (Fund
101) to provide funding for Contract Amendment No. 3 with Levesque Law Group, LLC for
representation in the remand of Eberhardt v. Municipality of Anchorage, Assembly Chair Flynn.
(Addendum)
9.B.5. a) Assembly Memorandum No. AM 746-2014.
9.B.6. Resolution No. AR 2014-334, a resolution of the Anchorage Municipal Assembly amending an
alcoholic beverages conditional use for a Beverage Dispensary Tourism Use and License
Number 4987 to add 268 square feet of floor area in the T (Transition) District, for Host
International, Inc., dba Humpy's Great Alaskan Alehouse; at 5000 West International Airport
Road, Room SB2750, within Ted Stevens Anchorage International Airport, South Terminal, Sec
34, T13N, R4W, S.M.; generally located south of West International Airport Road, in Anchorage
(Spenard Community Council) (Case 2014-0181), Community Development Department. (Laid
on the Table)
9.B.6. a) Assembly Memorandum No. AM 748-2014.
9.C. BID AWARDS
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9.D. NEW BUSINESS
9.D.1. Assembly Memorandum No. AM 724-2014, Final Results from the Municipal Special Election
on November 4, 2014, on Municipal Proposition No. 1, held in conjunction with the State of
Alaska General Election, Assembly Chair Flynn.
9.D.2. Assembly Memorandum No. AM 726-2014, 2015/2016 - Cynosure Brewing LL #5359 - New
Brewery Liquor License (Taku/Campbell Community Council), Clerk's Office.
9.D.3. Assembly Memorandum No. AM 727-2014, 2014/2015 - Blue Ginger Cafe LL #4345 - Transfer
of Ownership of Restaurant/Eating Place Liquor License (Eagle River Community Council),
Clerk's Office.
9.D.4. Assembly Memorandum No. AM 731-2014, Board of Building Regulation Examiners and
Appeals appointment (Donald L. Mccann), Mayor's Office.
9.D.5. Assembly Memorandum No. AM 732-2014, Board of Ethics appointment (William D. Falsey),
Mayor's Office.
Elvi Gray-Jackson moved, to approve AM 732-2014
Paul Honeman seconded,
and this motion PASSED 11 - O.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
Assembly Member Evans declared a potential conflict of interest on Item 9.D.5 before the vote. Chair
Traini declared that Assembly Member Evans did not have a conflict of interest.
Chair Traini invited recent appointees to Municipal Boards and Commissions forward to introduce
themselves.
A recent appointee to the Community Development Authority, Board of Directors, came forward.
BILL FALSEY, Board of Ethics, introduced himself.
9.D.6. Assembly Memorandum No. AM 733-2014, Emergency Medical Service Board appointment (A.
Kathleen McCue), Mayor's Office.
9.D.7. Assembly Memorandum No. AM 734-2014, Historic Preservation Commission appointment
(Kevin Keeler and Richard Lee Martin), Mayor's Office.
9.D.8. Assembly Memorandum No. AM 735-2014, Military and Veterans Affairs Commission
appointment (Steven G. Kolb}, Mayor's Office.
9.D.9. Assembly Memorandum No. AM 736-2014, Police and Fire Retirement Board appointment
(Andrew Provencio), Mayor's Office.
9.D.10.Assembly Memorandum No. AM 737-2014, Sister Cities Commission appointment (Suzann
Speckman), Mayor's Office.
9.D.11.Assembly Memorandum No. AM 738-2014, Cooperative Purchase of laboratory services with
Analytica Group, LLC to the Municipality of Anchorage, Anchorage Water & Wastewater Utility
(AWWU) ($143, 163.24), Purchasing Department.
9.D.12.Assembly Memorandum No. AM 739-2014, Amendment No. 2 to Professional Legal Services
Contract with the Law Office of Frank Koziol, relating to Tasi v. MOA ($250,000), Department of
Law.
9.D.13.Assembly Memorandum No. AM 740-2014, Indigent Defense Services Contract with the Denali
Law Group; Exercise of Option to Renew for One Year ($1, 139,800), Department of Law.
9.D.14.Assembly Memorandum No. AM 741-2014, Change Order No. 3 to Purchase Order No.
20140142 with UTL Systems, Inc. to provide Regulatory Commission Assistance for Reporting
and SAP Support to the Municipality of Anchorage ($50,000), Purchasing Department.
9.D.15.Assembly Memorandum No. AM 716-2014, Recommendation of Award various carriers for
providing various insurance coverage to the Municipality of Anchorage, Risk Management
Division ($680,815). (Addendum)
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9.D.16.Assembly Memorandum No. AM 743-2014, Change Order No. 2 to PO No. 20131140 with
MODA (previously ODS) to provide stop loss insurance coverage to the Municipality of
Anchorage, Employee Relations Department ($1,374,737), Purchasing Department.
(Addendum)
9.D.17.Assembly Memorandum No. AM 744-2014, Change Order No. 6 to Purchase Order No.
290265 with MODA (previously ODS) and Purchase Order No. 290266 with BenefitHelp
Solutions, Inc. to provide third party administration and preferred provider services coverage to
the Municipality of Anchorage, Employee Relations Department ($1,374,737), Purchasing
Department. (Addendum)
9.D.18.Assembly Memorandum No. AM 745-2014, Change Order No. 1 to Purchase Order No.
20140964 with Kelly Services, Inc. to provide temporary employment payroll services for the
Port Expansion Project Litigation, Municipality of Anchorage, Port of Anchorage ($200,000),
Purchasing Department. (Addendum)
9.E. INFORMATION AND REPORTS
9.E.1. Information Memorandum No. AIM 175-2014, Monthly General Government Revenue Status
Report to the Assembly- as of November 18, 2014, Finance Department/Municipal Treasurer.
9.E.2. Information Memorandum No. AIM 176-2014, Monthly Investment Report to the Assembly -
September 2014, Finance Department/Public Finance and Investments Division.
9.E.3. Information Memorandum No. AIM 177-2014, Notice to Assembly Regarding IBEW Members'
Vote to Exercise Option under Collective Bargaining Agreement for Wage Increase to be
applied to Pension Payment, Employee Relations Department/Labor Relations Division.
9.E.4. Information Memorandum No. AIM 178-2014, Collective Bargaining Negotiations Status Report,
Employee Relations Department/Labor Relations Division.
9.E.5. Information Memorandum No. AIM 179-2014, Contracts Awarded Between $50,000 and
$500,000 through Formal Competitive Processes for the Month of October 2014, Purchasing
Department.
9.E.6. Information Memorandum No. AIM 180-2014, Sole Source Procurement Report for the Month
of October 2014, Purchasing Department.
9.E.7. Information Memorandum No. AIM 181-2014, Final Contract for Audit of SAP Implementation,
Assembly members Gray-Jackson and Demboski. (Addendum)
Elvi Gray-Jackson moved, to accept AIM 181-2014
Amy Demboski seconded,
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
RON HADDEN, Municipal Purchasing Officer, spoke.
9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION
9.F.1. Ordinance No. AO 2014-149, an ordinance of the Anchorage Municipal Assembly amending
Anchorage Municipal Code Chapter 16.60 to provide for display of the USDA food guide icon in
all food service facilities located on property under the control or ownership of the Municipality
of Anchorage, Assembly members Gray-Jackson and Traini. P.H. 1-13-15.
9.F.1. a) Assembly Memorandum No. AM 728-2014.
9.F.2. Resolution No. AR 2014-331, a resolution of the Municipality of Anchorage, Alaska, accepting a
State of Alaska Municipal Matching Grant, per Senate Bill 100 and Senate Bill 2006, in the
amount of $230, 108 to be applied towards the Asplund Wastewater Treatment Facility
Disinfection Upgrade Project, Anchorage Water and Wastewater Utility. P.H. 1-13-15.
9.F.2. a) Assembly Memorandum No. AM 729-2014.
9.F.3. Assembly Memorandum No. AM 730-2014, Anchorage Community Development Authority
Board of Directors appointment (John Rodda), Mayor's Office. Public Comment: 1-13-15.
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9.F.4. Ordinance No. AO 2014-150, an ordinance of the Anchorage Municipal Assembly amending
Anchorage Municipal Code Section 12.15.015 to provide a municipal real property tax
exemption for privately owned real property rented or leased for use as a charter school
established under Alaska Statute, Assembly members Traini, Demboski, Gray-Jackson. P.H.
1-13-15. (Addendum)
9.F.5. Ordinance No. AO 2014-151, an ordinance amending Anchorage Municipal Code Chapters
3.20, 3.85 and 3.87 to provide for the administration of the Police and Fire Retiree Medical
Funding Program by the Board of Trustees of the Police and Fire Retirement System; to
provide for a defined municipal contribution for administrative support; and additional changes
to facilitate the Transfer of Responsibilities, Department of Law. P.H. 1-13-15. (Addendum)
9.F.6. Resolution No. AR 2014-333, a resolution of the Municipality of Anchorage appropriating an
amount Not To Exceed $120,000 as a contribution from the 2014 Operating Budget, Real
Estate Department Areawide General CIP Fund (101) to the Areawide General CIP Fund (401)
for payment of principal and interest on an inter-fund loan for the Eagle River Town Center in
the Real Estate Department. P.H. 1-13-15. (Addendum)
9.F.6. a) Assembly Memorandum No. AM 747-2014.
9.F.7. Ordinance No. AO 2014-152, an ordinance of the Anchorage Municipal Assembly amending
the 2015 General Government Capital Improvement Budget and Capital Improvement Program
to reinstate $10.5 million included in the 2014 Captial Improvement Budget and Legislative
Program to accommodate a greater Anchorage population and the growing level of use for
indoor sports facilities, Assembly Member Gray-Jackson and Assembly Vice-Chair Traini. P.H.
1-13-15. (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
1O.E. INFORMATION AND REPORTS
10.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION
11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING
11.A. Assembly Memorandum No. AM 706-2014, Platting Board appointment Kevin Cross, Mayor's
Office.
(POSTPONED FROM 12-2-14 TO PERMIT A 10-DAY PUBLIC COMMENT PERIOD
PURSUANT TO AMC 21.10.010 B.)
Clerk's Note: AM 706-2014 had no motion pending from the Regular Assembly Meeting of December 2,
2014.
Paul Honeman moved, to approve AM 706-2014
Elvi Gray-Jackson seconded,
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
11.B. Assembly Memorandum No. AM 723-2014, Anchorage Community Development Authority Board
of Directors appointments (Lucinda Mahoney, Patrick Rumley and Robert L. Shake), Mayor's
Office.
(POSTPONED FROM 12-2-14 TO PERMIT A 10-DAY PUBLIC COMMENT PERIOD
PURSUANT TO AMC 25.35.030 C.)
Clerk's Note: AM 723-2014 had no motion pending from the Regular Assembly Meeting of December 2,
2014.
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Jennifer Johnston moved, to approve AM 723-2014
Bill Evans seconded,
and this motion PASSED 11 -0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
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 2014-142, an ordinance approving a Collective Bargaining Agreement
between the Municipality of Anchorage and the International Brotherhood of Electrical Workers
Local 1547 (Technicians), and reducing the thirty day period for public review and comment,
Employee Relations Department/Labor Relations Division.
13.A.1. Assembly Memorandum No. AM 689-2014.
(CONTINUED FROM 12-2-14)
Chair Traini opened Public Hearing.
DUSTIN DARDEN testified.
Chair Traini closed Public Hearing.
Elvi Gray-Jackson moved, to approve AO 2014-142
Paul Honeman seconded,
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
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 2014-143, an ordinance authorizing a long term lease between the
Municipality of Anchorage as lessor and Fox Papa, LLC., as lessee of Lot 1C, Block 2, Merrill
Field Replat Addition No. 6, located between Runway 07/25 and 5th Avenue, Merrill Field Airport.
14.A.1. Assembly Memorandum No. AM 690-2014.
Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing.
Paul Honeman moved, to approve AO 2014-143
Elvi Gray-Jackson seconded,
and this motion PASSED 11 -0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
GEORGE VAKALIS, Municipal Manager, spoke.
PAUL BOWERS, Merrill Field Airport Manager, spoke.
14.B. Resolution No. AR 2014-319, a resolution appropriating an amount Not To Exceed $3, 100,000 of
Anchorage Metropolitan Police Service Area Fund (151) Fund Balance to the Anchorage Police
Department, Anchorage Metropolitan Police Service Area Fund (151) 2014 Operating Budget,
commensurate with anticipated 2014 expenditures, Office of Management and Budget.
14.B.1. Assembly Memorandum No. AM 717-2014.
Chair Traini opened Public Hearing.
ED LARRIVEE testified.
Chair Traini closed Public Hearing.
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2014
Elvi Gray-Jackson moved, to approve AO 2014-319
Paul Honeman seconded,
and this motion PASSED 10 -1.
AYES: Paul Honeman, Dick Traini, Jennifer Johnston, Elvi Gray-Jackson, Pete Petersen, Ernie
Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: Patrick Flynn
MARK MEW, Chief of Police, spoke.
14.C. Resolution No. AR 2014-320, a resolution of the Municipality of Anchorage appropriating
$250,000 from the U.S. Department of Justice, Community Oriented Policing Services and
$11,996 as a contribution from the 2014 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.
14.C.1. Assembly Memorandum No. AM 718-2014.
Chair Traini opened Public Hearing.
CHARLES MCKEE testified.
Chair Traini closed Public Hearing.
Paul Honeman moved, to approve AR 2014-320
Bill Starr seconded,
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
14.D. Resolution No. AR 2014-321, a resolution of the Municipality of Anchorage appropriating
$527,947 to the State Direct/Federal Pass-Through Grants Fund (231) as a Transfer of
Responsibilities Agreement (TORA), when tendered, from the State of Alaska, Department of
Transportation and Public Facilities, to fund the Transit Marketing Program, within the Public
Transportation Department.
14.D.1. Assembly Memorandum No. AM 719-2014.
Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing.
Paul Honeman moved, to approve AR 2014-321
Jennifer Johnston seconded,
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
14.E. Resolution No. AR 2014-322, a resolution of the Municipality of Anchorage appropriating
$343,892 to the State Direct/Federal Pass-Through Grants Fund (231) as a Transfer of
Responsibilities Agreement (TORA), when tendered, from the State of Alaska, Department of
Transportation and Public Facilities, to fund the Transit Rideshare Program, within the Public
Transportation Department.
14.E.1. Assembly Memorandum No. AM 720-2014.
Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing.
Paul Honeman moved, to approve AR 2014-322
Jennifer Johnston seconded,
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
14.F. Resolution No. AR 2014-323, a resolution of the Municipality of Anchorage appropriating a
contribution of $1,000,000 from the Information Technology Fund (607) to the Information
Technology Capital Improvement Program (CIP) Fund (608), all within the Information
Technology Department.
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December
14.F.1. Assembly Memorandum No. AM 721-2014.
Chair Traini opened Public Hearing. There was no one to testify and he closed Public Hearing.
Paul Honeman moved, to approve AR 2014-323
Elvi Gray-Jackson seconded,
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
14.G. Ordinance No. AO 2014-148, an ordinance to prohibit the operation of marijuana cultivation
facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail
marijuana stores pursuant to Alaska Statute 17.38.11 O(a), Assembly Chair Traini and Assembly
members Demboski and Honeman.
Chair Traini opened Public Hearing.
CATHERINE THOMAS testified.
ROGER PENROD testified.
JAN PITTMAN testified.
DANIEL JOST testified.
CARRIE ANDERSEN testified.
KIM KOLE testified ..
BRUCE SCHULTE, Coalition for Responsible Cannabis Legislation, testified.
REV. MICHAEL BURKE, Common Sense on Marijuana in Alaska, testified.
JOSEPH ADAMI testified.
SHAWN KELLY testified.
WILLIAM TOYER testified.
TIMOTHY JOHNSON testified.
JOHN WHITE testified.
MS. BROWN testified.
CHRISTINE HILL testified.
TYLER EMMOTT testified.
CHARLES MCKEE testified.
DAVID HOLDIMAN testified.
JAKE KEENER testified.
LINDA RONAN testified.
JOHN FARLEIGH testified.
CHRISTINA WOOLSTON testified.
RHONDA MARCY testified.
AUGUSTUS GUNDERSON testified.
KOREEN NOEL testified.
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ALBERT LEWIS testified.
DUSTIN DARDEN testified.
LEIGHANN GONZALES testified.
UNIDENTIFIED SPEAKER testified.
DAVE DELUCA testified.
D.S. HOGAN testified.
JOANNE HENNING testified.
SUSAN JENSEN testified.
CHRISTOPHER JENSEN testified.
JEFF JESSEE testified.
PAULA COLESCOTT testified.
PAUL OLIVA testified
DON HART testified.
DEBORAH WILLIAMS testified.
ADELLE DAVIS testified.
RYAN HAMILLL testified.
STEVE RAINES testified.
DARCY DIXON testified.
NOAH SUNFLOWER testified.
DON SMITH testified.
BARBARA SMART testified.
MATTHEW SONNEK testified.
LYNNETTE CRAIG testified.
RAUL MACKSEY testified.
PAIGE LUBKE testified.
ANGEL MCCABE testified.
ROBERT CORTEZ testified.
MIRANDA WALSO testified.
MARK MALAGODI testified.
CECIL BROWN testified.
STEVEN MERRIL testified.
JIM DYER testified.
DAVID SCHULL, testified.
Clerk's Note: Chair Traini called for a 10-minute at-ease.
CLAIRE LETTOW testified.
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December 2014
ALLEN STRAH testified.
LEE HAYWOOD testified.
PETER BEACHY testified.
ED LARRIVEE testified.
TIM EARNSHAW testified.
STEVE PALIWODA testified.
JOHN DONKERSLOOT testified.
DALE FINNIGEN testified.
Chair Traini closed Public Hearing.
Paul Honeman moved, to postpone AO 2014-148 to the Regular Assembly
Meeting of March 26, 2014
and this motion did not come to a vote because there was no second.
Amy Demboski moved, to approve AO 2014-148
Paul Honeman seconded,
and this motion FAILED 2 - 9.
AYES: Paul Honeman, Amy Demboski
NAYS: Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete Petersen, Ernie Hall,
Bill Evans, Bill Starr, Tim Steele
Ernie Hall moved, to amend AO 2014-148 on Page 2, beginning at line 20,
Amy Demboski seconded, insert new Section 2, as follows: Absent other action by
the Assembly, AMC Section 10.51.010 shall sunset
on December 31, 2016, and the prohibition shall
expire.
and this motion FAILED 5 - 6.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Ernie Hall, Amy Demboski
NAYS: Jennifer Johnston, Elvi Gray-Jackson, Pete Petersen, Bill Evans, Bill Starr, Tim Steele
15. SPECIAL ORDERS
15.A. Motion for Assembly Reorganization.
Clerk's Note: Assembly Chair Flynn and Vice-Chair Traini were nominated for Assembly Chair. Assembly
Vice-Chair Traini was elected as the new Assembly Chair.
Clerk's Note: Assembly Member Gray-Jackson and Assembly Member Honeman were nominated for
Assembly Vice-Chair. Assembly Member Gray-Jackson was elected as the new Assembly Vice-Chair.
15.B. Amendment to Previously Adopted Towing Ordinance -AO 2014-137(S). (Laid on the Table)
Dick Traini moved, to amend AO 2014-137(S), previously adopted on
Paul Honeman seconded, November 18, 2014, to correct the insurance
requirement for Garage keeper's comprehensive and
collision coverage based on the number and values of
vehicles the operator has on the lot at any given time
and this motion PASSED 11 - 0.
AYES: Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen, Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
16. UNFINISHED AGENDA
17. AUDIENCE PARTICIPATION
CHARLES MCKEE spoke.
ED LARRIVEE spoke
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Regu lar Assem bly Meet ing of Decem ber 16, 2014
MIRANDA WALSO spoke.
18. ASSEMBLY COMMENTS
19. EXECUTIVE SESSIONS
20. ADJOURNMENT
Jennifer Johnston moved, to adjourn the Regular Assembly Meeting of December
Amy Demboski seconded, 16,2014
and this motion PASSED 11 - 0.
AYES : Paul Honeman, Dick Traini, Patrick Flynn, Jennifer Johnston, Elvi Gray-Jackson, Pete
Petersen , Ernie Hall, Bill Evans, Bill Starr, Tim Steele, Amy Demboski
NAYS: None
Chair Traini adjourned the Regular Assembly Meeting at 10:02 p.m
DICK TRAINI, Assembly Chair
ATTEST:
acuJ'cVu( 0 ' ~
BARBARA A. JONES, MuniciP,al 9lerk
BAJ/khm '-../
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Agenda
Municipality of Anchorage
Patrick Flynn Dick Traini
Chair Vice–Chair
Amy Demboski Jennifer Johnston
Bill Evans Pete Petersen
Elvi Gray-Jackson Bill Starr
Ernie Hall Dan Sullivan Tim Steele
Paul Honeman Mayor
Barbara A. Jones, Municipal Clerk Amanda K. Moser, Deputy Municipal Clerk
Assembly Agenda
December 16, 2014
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 9; Rebroadcast Wednesday/Friday at 5:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
CLERK’S NOTE: IT IS THE INTENT OF THE ASSEMBLY CHAIR TO ENTERTAIN
A MOTION TO CHANGE THE ORDER OF THE DAY TO TAKE UP ASSEMBLY
REORGANIZATION FOLLOWING THE 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
9.B.1. Resolution No. AR 2014-327, a resolution of the Anchorage Municipal
Assembly appointing Darrel Hess to the Office of the Municipal
Ombudsman, Assemblymembers Johnston, Traini and Demboski.
9.B.1.a) Assembly Memorandum No. AM 725-2014.
Regular Assembly Meeting - December 16, 2014 Page 2
9.B.2. Resolution No. AR 2014-328, a resolution of the Anchorage Municipal
Assembly stating its protest regarding a New Restaurant/Eating Place Liquor
License #5358 and Restaurant Designation Permit for the Perfect Cup Plus,
LLC dba The Perfect Cup, located at 800 E. Dimond Blvd., Ste. 204,
Anchorage, and authorizing the Municipal Clerk to take certain action,
Assembly Chair Flynn, Vice-Chair Traini and Assembly Public Safety
Committee Chair Honeman..
9.B.3. Resolution No. AR 2014-329, a resolution of the Anchorage Municipal
Assembly stating its protest regarding a New Restaurant/Eating Place Liquor
License #5361 and Restaurant Designation Permit for Terra Bella, Inc., dba
Terra Bella Bakery Cafe, located at 601 E. Dimond Blvd., Ste. 6,
Anchorage, and authorizing the Municipal Clerk to take certain action,
Assembly Chair Flynn, Vice-Chair Traini and Assembly Public Safety
Committee Chair Honeman.
9.B.4. Resolution No. AR 2014-330, a resolution of the Anchorage Municipal
Assembly stating its protest regarding a New Restaurant/Eating Place Liquor
License #5357 and Restaurant Designation Permit for Sourdough Mining
Company, an Alaskan Restaurant, Inc., dba Sourdough Mining Company,
located at 5200 Juneau Street, Anchorage, and authorizing the Municipal
Clerk to take certain action, Assembly Chair Flynn, Vice-Chair Traini and
Assembly Public Safety Committee Chair Honeman.
9.B.5. Resolution No. AR 2014-332, a resolution of the Anchorage Municipal
Assembly appropriating $20,000 from Areawide General Fund Balance
(101) to the Department of Assembly (Fund 101) to provide funding for
Contract Amendment No. 3 with Levesque Law Group, LLC for
representation in the remand of Eberhardt v. Municipality of Anchorage,
Assembly Chair Flynn. (Addendum)
9.B.5.a) Assembly Memorandum No. AM 746-2014.
9.B.6. Resolution No. AR 2014-334, a resolution of the Anchorage Municipal
Assembly amending an alcoholic beverages conditional use for a Beverage
Dispensary Tourism Use and License Number 4987 to add 268 square feet
of floor area in the T (Transition) District, for Host International, Inc., dba
Humpy's Great Alaskan Alehouse; at 5000 West International Airport
Road, Room SB2750, within Ted Stevens Anchorage International Airport,
South Terminal, Sec 34, T13N, R4W, S.M.; generally located south of West
International Airport Road, in Anchorage (Spenard Community Council)
(Case 2014-0181), Community Development Department. (Laid on the
Table)
9.B.6.a) Assembly Memorandum No. AM 748-2014.
9.C. BID AWARDS
9.D. NEW BUSINESS
9.D.1. Assembly Memorandum No. AM 724-2014, Final Results from the
Municipal Special Election on November 4, 2014, on Municipal
Proposition No. 1, held in conjunction with the State of Alaska General
Election, Assembly Chair Flynn.
9.D.2. Assembly Memorandum No. AM 726-2014, 2015/2016 – Cynosure
Regular Assembly Meeting - December 16, 2014 Page 3
Brewing LL #5359 – New Brewery Liquor License (Taku/Campbell
Community Council), Clerk’s Office.
9.D.3. Assembly Memorandum No. AM 727-2014, 2014/2015 – Blue Ginger Café
LL #4345 – Transfer of Ownership of Restaurant/Eating Place Liquor
License (Eagle River Community Council), Clerk’s Office.
9.D.4. Assembly Memorandum No. AM 731-2014, Board of Building Regulation
Examiners and Appeals appointment (Donald L. McCann), Mayor's
Office.
9.D.5. Assembly Memorandum No. AM 732-2014, Board of Ethics appointment
(William D. Falsey), Mayor's Office.
9.D.6. Assembly Memorandum No. AM 733-2014, Emergency Medical Service
Board appointment (A. Kathleen McCue), Mayor's Office.
9.D.7. Assembly Memorandum No. AM 734-2014, Historic Preservation
Commission appointment (Kevin Keeler and Richard Lee Martin), Mayor's
Office.
9.D.8. Assembly Memorandum No. AM 735-2014, Military and Veterans Affairs
Commission appointment (Steven G. Kolb), Mayor's Office.
9.D.9. Assembly Memorandum No. AM 736-2014, Police and Fire Retirement
Board appointment (Andrew Provencio), Mayor's Office.
9.D.10. Assembly Memorandum No. AM 737-2014, Sister Cities Commission
appointment (Suzann Speckman), Mayor's Office.
9.D.11. Assembly Memorandum No. AM 738-2014, Cooperative Purchase of
laboratory services with Analytica Group, LLC to the Municipality of
Anchorage, Anchorage Water & Wastewater Utility (AWWU)
($143,163.24), Purchasing Department.
9.D.12. Assembly Memorandum No. AM 739-2014, Amendment No. 2 to
Professional Legal Services Contract with the Law Office of Frank
Koziol, relating to Tasi v. MOA ($250,000), Department of Law.
9.D.13. Assembly Memorandum No. AM 740-2014, Indigent Defense Services
Contract with the Denali Law Group; Exercise of Option to Renew for
One Year ($1,139,800), Department of Law.
9.D.14. Assembly Memorandum No. AM 741-2014, Change Order No. 3 to
Purchase Order No. 20140142 with UTL Systems, Inc. to provide
Regulatory Commission Assistance for Reporting and SAP Support to
the Municipality of Anchorage ($50,000), Purchasing Department.
9.D.15. Assembly Memorandum No. AM 716-2014, Recommendation of Award
various carriers for providing various insurance coverage to the
Municipality of Anchorage, Risk Management Division ($680,815).
(Addendum)
9.D.16. Assembly Memorandum No. AM 743-2014, Change Order No. 2 to PO No.
20131140 with MODA (previously ODS) to provide stop loss insurance
coverage to the Municipality of Anchorage, Employee Relations
Regular Assembly Meeting - December 16, 2014 Page 4
Department ($1,374,737), Purchasing Department. (Addendum)
9.D.17. Assembly Memorandum No. AM 744-2014, Change Order No. 6 to
Purchase Order No. 290265 with MODA (previously ODS) and Purchase
Order No. 290266 with BenefitHelp Solutions, Inc. to provide third party
administration and preferred provider services coverage to the
Municipality of Anchorage, Employee Relations Department ($1,374,737),
Purchasing Department. (Addendum)
9.D.18. Assembly Memorandum No. AM 745-2014, Change Order No. 1 to
Purchase Order No. 20140964 with Kelly Services, Inc. to provide
temporary employment payroll services for the Port Expansion Project
Litigation, Municipality of Anchorage, Port of Anchorage ($200,000),
Purchasing Department. (Addendum)
9.E. INFORMATION AND REPORTS
9.E.1. Information Memorandum No. AIM 175-2014, Monthly General
Government Revenue Status Report to the Assembly - as of November
18, 2014, Finance Department/Municipal Treasurer.
9.E.2. Information Memorandum No. AIM 176-2014, Monthly Investment
Report to the Assembly – September 2014, Finance Department/Public
Finance and Investments Division.
9.E.3. Information Memorandum No. AIM 177-2014, Notice to Assembly
Regarding IBEW Members’ Vote to Exercise Option under Collective
Bargaining Agreement for Wage Increase to be applied to Pension
Payment, Employee Relations Department/Labor Relations Division.
9.E.4. Information Memorandum No. AIM 178-2014, Collective Bargaining
Negotiations Status Report, Employee Relations Department/Labor
Relations Division.
9.E.5. Information Memorandum No. AIM 179-2014, Contracts Awarded
Between $50,000 and $500,000 through Formal Competitive Processes
for the Month of October 2014, Purchasing Department.
9.E.6. Information Memorandum No. AIM 180-2014, Sole Source Procurement
Report for the Month of October 2014, Purchasing Department.
9.E.7. Information Memorandum No. AIM 181-2014, Final Contract for Audit of
SAP Implementation, Assemblymembers Gray-Jackson and Demboski.
(Addendum)
9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION
9.F.1. Ordinance No. AO 2014-149, an ordinance of the Anchorage Municipal
Assembly amending Anchorage Municipal Code Chapter 16.60 to provide
for display of the USDA food guide icon in all food service facilities
located on property under the control or ownership of the Municipality
of Anchorage, Assemblymembers Gray-Jackson and Traini. P.H. 1-13-15.
9.F.1.a) Assembly Memorandum No. AM 728-2014.
Regular Assembly Meeting - December 16, 2014 Page 5
9.F.2. Resolution No. AR 2014-331, a resolution of the Municipality of
Anchorage, Alaska, accepting a State of Alaska Municipal Matching Grant,
per Senate Bill 100 and Senate Bill 2006, in the amount of $230,108 to be
applied towards the Asplund Wastewater Treatment Facility Disinfection
Upgrade Project, Anchorage Water and Wastewater Utility. P.H. 1-13-15.
9.F.2.a) Assembly Memorandum No. AM 729-2014.
9.F.3. Assembly Memorandum No. AM 730-2014, Anchorage Community
Development Authority Board of Directors appointment (John Rodda),
Mayor’s Office. Public Comment: 1-13-15.
9.F.4. Ordinance No. AO 2014-150, an ordinance of the Anchorage Municipal
Assembly amending Anchorage Municipal Code Section 12.15.015 to
provide a municipal real property tax exemption for privately owned
real property rented or leased for use as a charter school established
under Alaska Statute, Assemblymembers Traini, Demboski, Gray-
Jackson. P.H. 1-13-15. (Addendum)
9.F.5. Ordinance No. AO 2014-151, an ordinance amending Anchorage Municipal
Code Chapters 3.20, 3.85 and 3.87 to provide for the administration of the
Police and Fire Retiree Medical Funding Program by the Board of
Trustees of the Police and Fire Retirement System; to provide for a
defined municipal contribution for administrative support; and additional
changes to facilitate the Transfer of Responsibilities, Department of Law.
P.H. 1-13-15. (Addendum)
9.F.6. Resolution No. AR 2014-333, a resolution of the Municipality of Anchorage
appropriating an amount Not To Exceed $120,000 as a contribution from the
2014 Operating Budget, Real Estate Department Areawide General CIP
Fund (101) to the Areawide General CIP Fund (401) for payment of
principal and interest on an inter-fund loan for the Eagle River Town
Center in the Real Estate Department. P.H. 1-13-15. (Addendum)
9.F.6.a) Assembly Memorandum No. AM 747-2014.
9.F.7. Ordinance No. AO 2014-152, an ordinance of the Anchorage Municipal
Assembly amending the 2015 General Government Capital Improvement
Budget and Capital Improvement Program to reinstate $10.5 million
included in the 2014 Capital Improvement Budget and Legislative Program
to accommodate a greater Anchorage population and the growing level
of use for indoor sports facilities, Assemblymember Gray-Jackson and
Assembly Vice-Chair Traini. P.H. 1-13-15. (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
11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING
11.A. Assembly Memorandum No. AM 706-2014, Platting Board appointment Kevin
Regular Assembly Meeting - December 16, 2014 Page 6
Cross), Mayor’s Office.
(POSTPONED FROM 12-2-14 TO PERMIT A 10-DAY PUBLIC COMMENT
PERIOD PURSUANT TO AMC 21.10.010 B.)
11.B. Assembly Memorandum No. AM 723-2014, Anchorage Community Development
Authority Board of Directors appointments (Lucinda Mahoney, Patrick Rumley and
Robert L. Shake), Mayor's Office.
(POSTPONED FROM 12-2-14 TO PERMIT A 10-DAY PUBLIC COMMENT
PERIOD PURSUANT TO AMC 25.35.030 C.)
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 2014-142, an ordinance approving a Collective Bargaining
Agreement between the Municipality of Anchorage and the International
Brotherhood of Electrical Workers Local 1547 (Technicians), and reducing the
thirty day period for public review and comment, Employee Relations
Department/Labor Relations Division.
13.A.1. Assembly Memorandum No. AM 689-2014.
(CONTINUED FROM 12-2-14)
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 2014-143, an ordinance authorizing a long term lease between the
Municipality of Anchorage as lessor and Fox Papa, LLC., as lessee of Lot 1C, Block 2,
Merrill Field Replat Addition No. 6, located between Runway 07/25 and 5th Avenue,
Merrill Field Airport.
14.A.1. Assembly Memorandum No. AM 690-2014.
14.B. Resolution No. AR 2014-319, a resolution appropriating an amount Not To Exceed
$3,100,000 of Anchorage Metropolitan Police Service Area Fund (151) Fund Balance
to the Anchorage Police Department, Anchorage Metropolitan Police Service Area
Fund (151) 2014 Operating Budget, commensurate with anticipated 2014
expenditures, Office of Management and Budget.
14.B.1. Assembly Memorandum No. AM 717-2014.
14.C. Resolution No. AR 2014-320, a resolution of the Municipality of Anchorage
appropriating $250,000 from the U.S. Department of Justice, Community Oriented
Policing Services and $11,996 as a contribution from the 2014 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.
14.C.1. Assembly Memorandum No. AM 718-2014.
14.D. Resolution No. AR 2014-321, a resolution of the Municipality of Anchorage
appropriating $527,947 to the State Direct/Federal Pass-Through Grants Fund (231) as
a Transfer of Responsibilities Agreement (TORA), when tendered, from the State of
Alaska, Department of Transportation and Public Facilities, to fund the Transit
Marketing Program, within the Public Transportation Department.
Regular Assembly Meeting - December 16, 2014 Page 7
14.D.1. Assembly Memorandum No. AM 719-2014.
14.E. Resolution No. AR 2014-322, a resolution of the Municipality of Anchorage
appropriating $343,892 to the State Direct/Federal Pass-Through Grants Fund (231) as
a Transfer of Responsibilities Agreement (TORA), when tendered, from the State of
Alaska, Department of Transportation and Public Facilities, to fund the Transit
Rideshare Program, within the Public Transportation Department.
14.E.1. Assembly Memorandum No. AM 720-2014.
14.F. Resolution No. AR 2014-323, a resolution of the Municipality of Anchorage
appropriating a contribution of $1,000,000 from the Information Technology Fund
(607) to the Information Technology Capital Improvement Program (CIP) Fund
(608), all within the Information Technology Department.
14.F.1. Assembly Memorandum No. AM 721-2014.
14.G. Ordinance No. AO 2014-148, an ordinance to prohibit the operation of marijuana
cultivation facilities, marijuana product manufacturing facilities, marijuana
testing facilities and retail marijuana stores pursuant to Alaska Statute 17.38.110(a),
Assemblymembers Demboski, Traini and Honeman.
15. SPECIAL ORDERS
15.A. Motion for Assembly Reorganization.
15.B. Amendment to Previously Adopted Towing Ordinance - AO 2014-137(S). (Laid on
the Table)
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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