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Assembly - Regular

Regular Meeting

Anchorage, AK · December 16, 2014

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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 Anchorage Municipal Assembly Page 2of11 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 Anchorage Municipal Assembly Page 3of11 December 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) Anchorage Municipal Assembly Page 4of11 December 2014 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. Anchorage Municipal Assembly Page 5of11 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. Anchorage Municipal Assembly Page 6of11 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. Anchorage Municipal Assembly Page 7of11 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. Anchorage Municipal Assembly Page 8of11 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. Anchorage Municipal Assembly Page 9of11 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. Anchorage Municipal Assembly Page 10of11 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 Anchorage Municipal Assembly Page 11of11 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 '-../ Electronic versions of archived meeting minutes can be found online at http://www.muni.org/watchnow. Also access live streaming audio and video, view documents and download podcasts. Keep up to date with municipal meetings.

Agenda

Municipality of Anchorage 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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