Assembly - Regular

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z.J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes of the Regular Meeting of December 8, 2015 1. CALL TO ORDER Chair Traini convened the Regular Assembly Meeting of December 8, 2015 at 5:00 p.m. 2. ROLL CALL PRESENT: Paul Honeman, Tim Steele, Amy Demboski, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall EXCUSED: None ABSENT: Patrick Flynn A quorum was achieved with 10 Assembly members present. PRESENT: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall EXCUSED: None A quorum was achieved with 11 Assembly members present. 3. PLEDGE OF ALLEGIANCE Assembly Member Steele led the pledge. 4. MINUTES OF PREVIOUS MEETINGS 5. MAYOR'S REPORT 6. ASSEMBLY CHAIR'S REPORT Chair Traini spoke. 7. COMMITTEE REPORTS Assembly Member Hall spoke regarding the Committee on Regulation and Taxation of Marijuana. Assembly Member Starr spoke regarding the Municipal Audit Committee. Assembly Member Starr spoke regarding the U-MED Access Road. Assembly Member Petersen spoke regarding the Community & Economic Development Sub-Committee on Cell Towers. Assembly Member Evans spoke regarding the Ad Hoc Committee on Alcohol & Drug Abuse. Assembly Vice-Chair Gray-Jackson spoke regarding the Budget/Finance Committee. Assembly Vice-Chair Gray-Jackson spoke regarding the Ad Hoc Committee on SAP Review. Assembly Member Flynn spoke regarding the AMATS Committee. Assembly Member Demboski spoke regarding the Community & Economic Development Committee. Assembly Member Demboski spoke regarding the Appeal to the Assembly of the AK Alchemist CUP. Assembly Member Steele spoke regarding the Enterprise and Utility Oversight Committee. Assembly Member Honeman spoke regarding the Public Safety Committee. CHRIS TOLLEY, Chief of Police, spoke. GARRY GILLIAM, APO Deputy Chief of Police, spoke. Anchorage Municipal Assembly Page 2of12 Regular Assembly Meeting of December 8, 2015 8. ADDENDUM TO AGENDA Elvi Gray-Jackson moved, to incorporate the Addendum items 9.F.7. and 9.F.8. into Paul Honeman seconded, the Agenda and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None Elvi Gray-Jackson moved, to incorporate Laid-on-the-Table Item 9.B.4.a., AR 2015- Paul Honeman seconded, 316(A) into the Agenda and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 9. CONSENT AGENDA Elvi Gray-Jackson moved, to approve the Consent Agenda with the exception of Paul Honeman seconded, items 9.A.1., 9.B.3., 9.D.5., 9.D.10., 9.E.2., 9.E.3., and 9.F.7. which were pulled for further discussion and separate vote and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 9.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 9.A.1. Resolution No. AR 2015-318, a resolution recognizing Anchorage Water and Wastewater Utility (AWWU) for 2015 Association of Metropolitan Water Agencies Platinum Award for Utility Excellence, Anchorage Water and Wastewater Utility. Bill Starr moved, to approve AR 2015-318 Amy Demboski seconded, and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None Assembly Member Starr read the resolution. BRETT JOKELA, Anchorage Water and Waste Water Utility General Manager, spoke. 9.8. RESOLUTIONS FOR ACTION - OTHER 9.B.1. Resolution No. AR 2015-319, a resolution of the Municipality of Anchorage appropriating $64,000 from the State of Alaska, Department of Transportation; and appropriating $1,407 as a contribution from the 2015 Anchorage Police Department Operating Budget, Anchorage Metropolitan Police Service Area Fund (151) to the State Direct Federal Pass Through Grants Fund (231) Anchorage Police Department, for Impaired Driving Enforcement. 9.B.1. a) Assembly Memorandum No. AM 719-2015. 9.B.2. Resolution No. AR 2015-320, a resolution of the Municipality of Anchorage appropriating an amount Not To Exceed $13,961 of interest revenue to the Federal Grants Fund (241) for costs related to Wildfire and Hazardous Fuels Mitigation Grants, in the Anchorage Fire Department, Office of Management and Budget. 9.B.2. a) Assembly Memorandum No. AM 720-2015. 9.B.3. Resolution No. AR 2015-321, a resolution of the Municipality of Anchorage appropriating an amount Not To Exceed $69,000 of Areawide General Fund (101) Fund Balance to the Areawide General Fund (101 ), as a contribution, and appropriating said contribution to the Miscellaneous Operational Grants Fund (261) for costs related to the Anchorage Centennial Celebration, all within the Mayor Department, Office of Management and Budget. 9.B.3. a) Assembly Memorandum No. AM 721-2015. Anchorage Municipal Assembly Page 3 of 12 Regular Assembly Meeting of December 8, 2015 Bill Starr moved, to postpone AR 2015-321 to the Regular Assembly Amy Demboski seconded, Meeting of December 22, 2015 and this motion PASSED 8 - 3. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: Elvi Gray-Jackson, Bill Evans, Pete Petersen ROBERT HARRIS, Chief Fiscal Officer, spoke. LANCE WILBER, Office of Management & Budget Director, spoke. MIKE ABBOTT, Municipal Manager, spoke. 9.B.4. Resolution No. AR 2015-316, a resolution of the Anchorage Municipal Assembly stating its protest regarding a new Winery Liquor License #5427 for Double Shovel Cider Company, LLC dba Double Shovel Cider Company, located at 502 W 58th Avenue C & D, Anchorage, AK 99518 and authorizing the Municipal Clerk to take certain action, Assembly Chair Traini, Assembly Vice-Chair Gray-Jackson and Assembly Public Safety Committee Chair Honeman. Clerk's Note: AR 2015-316 was approved as part of the Consent Agenda. Ernie Hall moved, to reconsider AR 2015-316 Tim Steele seconded, and this motion PASSED 9 - 0. AYES: Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Jennifer Johnston, Ernie Hall NAYS: None ABSENT: Paul Honeman, Bill Starr Clerk's Note: Assembly Member Honeman and Assembly Member Starr were out of the room and did not vote. Ernie Hall moved, to approve AR 2015-316(A) Jennifer Johnston seconded, and this motion PASSED 9 - 0. AYES: Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Jennifer Johnston, Ernie Hall NAYS: None ABSENT: Paul Honeman, Bill Starr Clerk's Note: Assembly Member Honeman and Assembly Member Starr were out of the room and did not vote. 9.C. BID AWARDS 9.D. NEW BUSINESS 9.D.1. Assembly Memorandum No. AM 722-2015, Board of Ethics appointment (Theodore "Ted" R. Carlson), Mayor's Office. 9.D.2. Assembly Memorandum No. AM 723-2015, Chugiak-Birchwood-Eagle River Rural Road Service Area Board of Supervisors appointment (Theodore "Ted" R. Carlson), Mayor's Office. 9.D.3. Assembly Memorandum No. AM 724-2015, Investment Advisory Commission appointment (Brent Kimball), Mayor's Office. 9.D.4. Assembly Memorandum No. AM 725-2015, Library Advisory Board appointment (Nancy Hemsath), Mayor's Office. 9.D.5. Assembly Memorandum No. AM 726-2015, Military and Veterans Affairs Commission appointments (Zulene Ohman Simmons and Fred Becker IV), Mayor's Office. Paul Honeman moved, to approve AM 726-2015 Jennifer Johnston seconded, and this motion PASSED 11 - 0. Anchorage Municipal Assembly Page 4of12 Regular Assembly Meeting of December 8, 2015 AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None MIKE ABBOTT, Municipal Manager, spoke. 9.D.6. Assembly Memorandum No. AM 727-2015, Mt. Park Estates Limited Road Service Area (LRSA) Board seat appointment (Gary J. Russell), Mayor's Office. 9.D.7. Assembly Memorandum No. AM 728-2015, Public Transit Advisory Board appointments (Andrew W. Ooms, Stephanie M. Cornwell-George, Samuel A Moore, and Felix E. Rivera), Mayor's Office. 9.D.8. Assembly Memorandum No. AM 717-2015, 2016 Support Services for Federation of Community Councils ($85,000), Assembly Chair Traini. 9.D.9. Assembly Memorandum No. AM 730-2015, Contract Amendment No. 4 with Unum Life Insurance Company of America to provide Life, AD&D, and Disability Insurance for the Municipality of Anchorage, Employee Relations Department ($2,427,395), Purchasing Department. 9.D.10.Assembly Memorandum No. AM 731-2015, Contract Amendment No. 2 to Professional Services Contract with DOWL, for the Eagle River Traffic Mitigation Phase I, Project Management and Engineering (PM&E) Project No. 11-16, P.O. No. 20120952 ($851,436). Amy Demboski moved, to approve AM 731-2015 Paul Honeman seconded, and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None JERRY HANSEN, Public Works Department, Project Manager, spoke. 9.D.11.Assembly Memorandum No. AM 732-2015, Amendment No. 3 to JTA Construction, LLC, C- 20141169, for the Checkmate Drive Sidewalk Improvements Project, Project Management & Engineering (PM&E) Project No. 08-47 ($87,217.18). 9.D.12.Assembly Memorandum No. AM 733-2015, Amendment No. 3 to GMG General, Inc., C- 2015C034, for the Nunaka Valley Area Street and Pedestrian Upgrades Project, Project Management & Engineering (PM&E) Project No. 13-35 ($20,000). 9.D.13.Assembly Memorandum No. AM 734-2015, Authorization to exercise the second of five one- year options to continue a lease agreement with Northwood Landscaping, Inc. to provide leased warehouse space for the Traffic Department Signal Maintenance Section ($48,000), Real Estate Department. 9.D.14.Assembly Memorandum No. AM 714-2015, 2015/2016 - Kay's Family Restaurant LL#4970- Transfer of Ownership and Restaurant Designation Permit for a Restaurant/Eating Place Liquor License (Spenard Community Council), Municipal Clerk's Office. 9.D.15.Assembly Memorandum No. AM 715-2015, 2016/2017 Liquor License Renewals: Anchorage Billiard Palace LL#$4 750-Beverage Dispensary; Chilkoot Charlie's Swing Bar LL#3817, Chilkoot Charlie's The Bird House LL#4024-Beverage Dispensary-Duplicate; Sizzlin' Cafe LL#4573, Rustic Goat LL#5234, Arctic Sushi LL#5302, Municipal Clerk's Office. 9.E. INFORMATION AND REPORTS 9.E.1. Information Memorandum No. AIM 135-2015, Conforming Community Council Bylaws, Assembly Chair Traini. 9.E.2. Information Memorandum No. AIM 154-2015, Internal Audit Report 2015-09 - Parking Garage Cash Controls Follow-up, Parking Services Department, Anchorage Community Development Authority. Elvi Gray-Jackson moved, to accept AIM 154-2015 Paul Honeman seconded, and this motion PASSED 11 - 0. Anchorage Municipal Assembly Page 5 of 12 Regular Assembly Meeting of December 8, 2015 AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 9.E.3. Information Memorandum No. AIM 156-2015, Monthly General Government Revenue Status Report to the Assembly - as of November 15, 2015, Finance Department/Municipal Treasurer. Jennifer Johnston moved, to accept AIM 156-2015 Paul Honeman seconded, and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None CHRIS TOLLEY, Chief of Police, spoke. GARRY GILLIAM, APD Deputy Chief of Police, spoke. BARBARA JONES, Municipal Clerk, spoke. 9.E.4. Information Memorandum No. AIM 157-2015, Conflict Disclosure: Prior client relationship with attorney Dan Coffey, Assembly Member Flynn. 9.E.5. Information Memorandum No. AIM 158-2015, Conflict Disclosure: Hook Line & Sinker. (dba Humpy's, Sub Zero, Flat Top Pizza); Fish or Cut Bait, LLC (dba Williwaw, Williwaw Steam Dot, Blues Central), Assembly Member Flynn. 9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 9. F.1. Ordinance No. AO 2015-132, an ordinance of the Anchorage Municipal Assembly submitting to the qualified voters of the Municipality of Anchorage at the Regular Municipal Election of April 5, 2016, a ballot proposition to amend the Anchorage Municipal Charter Section 14.03(a) to require, for purposes of the tax increase limitation set out in the section, that the "total amount [of municipal tax] approved by the Assembly for the preceding year" shall be the total amount of tax approved by the Assembly for collection in the preceding year, Assembly Member Evans. P.H. 1-12-2016. 9.F.1. a) Assembly Memorandum No. AM 718-2015. 9.F.2. Ordinance No. AO 2015-133, an ordinance amending Anchorage Municipal Code (New Code) Sections 21.03.050B., 21.03.240J., 21.05.030B., and 21.14.040, and Tables 21.05-1 and 21.10-4, to modify land use regulations regarding Assisted Living Facilities and Habilitative Care Facilities in accordance with the Conciliation Agreement and Voluntary Compliance Agreement between the U.S. Department of Housing and Urban Development (HUD) and the Municipality of Anchorage regarding Fair Housing Act and other federal laws compliance in Title 21, Community Development Department. P.H. 2-23-2016. 9.F.2. a) Assembly Memorandum No. AM 735-2015. 9.F.3. Resolution No. AR 2015-322, a resolution of the Municipality of Anchorage appropriating $500,000 from the U.S. Department of Justice, Community Oriented Policing Services and $23,992 as a contribution from the 2015 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. 12-22-2015. 9.F.3. a) Assembly Memorandum No. AM 736-2015. 9. F.4. Resolution No. AR 2015-323, a resolution of the Anchorage Municipal Assembly appropriating $238,087 from the U.S. department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention and $5,236 as a contribution from the 2015 Anchorage Police Operating Budget, Anchorage Metropolitan Police Service Area fund (151), all to the Federal Grants Fund (241 ), Anchorage Police Department, for the continuation of the Alaska Internet Crimes Against Children Task Force. P.H. 12-22-2015. 9.F.4. a) Assembly Memorandum No. AM 737-2015. 9.F.5. Resolution No. AR 2015-324, a resolution appropriating $280,854 of Unclaimed Excess Proceeds Revenue to the Areawide General Operating Fund (101) as a contribution and appropriating said contribution to the Areawide General Capital Improvement Project Fund (401) for remediation of distressed municipal lands, all within the Real Estate Department. P.H. 12-22-2015.  Anchorage Municipal Assembly Page 6of12 Regular Assembly Meeting of December 8, 2015 9.F.5. a) Assembly Memorandum No,. AM 738-2015. 9.F.6. Assembly Memorandum No. AM 729-2015, Anchorage Water and Wastewater Utility Board of Directors appointments (Aaron David Dotson and David M. Richards), Mayor's Office. Public Comment: 12-22-2015. 9.F.7. Assembly Memorandum No. AM 739-2015, Anchorage Water and Wastewater Utility Board of Directors appointment (Michelle Egan), Mayor's Office. Public Comment: 12-22-2015. (Addendum) Tim Steele moved, to introduce AM 739-2015 Jennifer Johnston seconded, Paul Honeman concurring third. 9.F.8. Resolution No. AR 2015-325, a resolution of the Municipality of Anchorage appropriating an amount Not To Exceed $500,000 of Fire Service Area Fund (131) Fund Balance to Fire Service Areas Fund (131), and an amount Not To Exceed $430,000 of Areawide Service Area Fund (101) Fund Balance to Areawide Service Area Fund (101), all within the Anchorage Fire Department 2015 Operating Budget, commensurate with anticipated 2015 expenditures, Anchorage Fire Department. P.H. 12-22-2015. (Addendum) 9.F.8. a) Assembly Memorandum No. AM 740-2015. 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 Chair Traini invited recent municipal board and commission appointees forward to introduce themselves. NANCY HEMSATH, Library Advisory Board, Appointee, introduced herself. 11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING 11.A. Assembly Memorandum No. AM 706-2015, Platting Board appointment (Valerie Ritz), Mayor's Office. (POSTPONED FROM 11-24-15 TO PERMIT A TEN-DAY PUBLIC COMMENT PERIOD PURSUANT TO AMC 21.10.01 OB.) Patrick Flynn moved, to approve AM 706-2015 Paul Honeman seconded, and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None Chair Traini welcomed area high school students present in the audience and asked them to come forward to introduce themselves. BRANDON, Chugiak High School, introduced himself. ROBERT, Chugiak High School, introduced himself. DREW, Chugiak High School, introduced himself. HARRISON, Chugiak High School, introduced himself. RILEY, Service High School, introduced himself. DANIEL, Service High School, introduced himself. Anchorage Municipal Assembly Page 7of12 Regular Assembly Meeting of December 8, 2015 DEANNA, Service High School, introduced herself. TINA, Service High School, introduced herself. JOSIE, Service High School, introduced herself. SEAN, Chugiak High School, introduced himself. BLAKE, Chugiak High School, introduced himself. KYLA, Service High School, introduced herself. BRENA, Service High School, introduced herself. JUSTIN, Service High School, introduced himself. JULIE, West High School, introduced herself. BEN, Chugiak High School, introduced himself. CARLY, Chugiak High School, introduced herself. EMMA, Chugiak High School, introduced herself. HARRISON, Chugiak High School, introduced himself. ASHLEY, Chugiak High School, introduced herself. RAYMOND, Service High School, introduced himself. KENNIE, Chugiak High School, introduced herself. IAN, Chugiak High School, introduced himself. ZOE, Service High School, introduced herself. SIRI, Service High School, introduced herself. RIVER, Service High School, introduced herself. CODI, Service High School, introduced herself. JOHN, Chugiak High School, introduced himself. EMILY, Service High School, introduced herself. PRINCESS, West High School, introduced herself. CARLOS, West High School, introduced himself. PAUL, West High School, introduced himself. DEREK, Service High School, introduced himself. FLETCHER, Service High School, introduced himself. LOGAN, West High School, introduced himself. AUSTIN, West High School, introduced himself. 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.) 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 2015-127, an ordinance repealing and reenacting Anchorage Municipal Code Anchorage Municipal Assembly Page 8 of 12 Regular Assembly Meeting of December 8, 2015 Title 23 to adopt the following codes and local amendments: 2012 Anchorage Administrative Code; 2012 International Building Code; 2012 International Mechanical Code; 2012 Uniform Plumbing Code; 2014 National Electrical Code; 2012 International Fire Code; 2012 Fire Protection Service Outside Service Areas; 2012 International Energy Conservation Code; 2012 International Existing Building Code; 2012 Abatement of Dangerous Buildings Code; 2010 ANSl/ASME A 17.1 Safety Code for Elevators and Escalators; 2008 ANSl/ASME a18.1 Safety Standard for Platform Lifts and Stairway Chairlifts; 2012 International Residential Code; 1997 Relocatable Ancillary Buildings; 1997 Mobile Aircraft Shelters; 2012 Grading, Excavation, Fill and Landscaping; and 2012 International Fuel Gas Code, Community Development Department. 14.A.1. Assembly Memorandum No. AM 636-2015. Chair Traini opened the public hearing. Paul Honeman moved, to continue the public hearing on AO 2015-127 to the Elvi Gray-Jackson seconded, Regular Assembly Meeting of December 22, 2015 and this motion PASSED 10 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Jennifer Johnston, Ernie Hall NAYS: None ABSENT: Bill Starr Clerk's Note: Assembly Member Starr was out of the room and did not vote. 14.B. Ordinance No. AO 2015-131, an ordinance amending Anchorage Municipal Code Title 21, Land Use Planning (New Code - effective January 1, 2014), to amend Section 21.03.020, Common Procedures, to modify application processes and include references to the new section on street name alterations; to add a new Section 21.03.185, Street Name Alterations; and amending certain sections of Title 21 (New Code) to modify self storage requirements for paving accessible parking spaces and walkways, to modify language regarding setbacks for the outdoor keeping of animals, to modify the applicability of regulations regarding parking structures, to provide exterior lighting regulations, and to update cross references accordingly, Community Development Department. 14.B.1. Assembly Memorandum No. AM 688-2015. Chair Traini opened the public hearing. Amy Demboski moved, to continue the public hearing on AO 2015-131 to the Bill Evans seconded, Regular Assembly Meeting of January 12, 2016 with a referral to the Assembly Community and Economic Development Committee and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 14.C. Ordinance No. AO 2015-130, an ordinance authorizing the acquisition of Lots 1B and 2, Arctic Manor Subdivision (PIO 009-142-15 and 009-142-02), commonly known as the Bering Street Maintenance Shop, for an amount Not to Exceed three million seven hundred fifty thousand dollars ($3,750,000) plus closing costs; waiving the public facility site selection requirements; appropriating said funds from the Equipment Maintenance Operating Fund (601) Unrestricted Net Position to the Equipment Maintenance Capital Fund (606) all within the Maintenance and Operations Department; and authorizing a three-year lease should the purchase transaction not be completed, Real Estate Department. 14. C.1. Assembly Memorandum No. AM 687-2015. Chair Traini opened the public hearing. There was no one to testify and he closed the public hearing. Paul Honeman moved, to approve AO 2015-130 Elvi Gray-Jackson seconded, and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 14.D. Resolution No. AR 2015-311, a resolution of the Municipality of Anchorage appropriating a grant in the amount of one hundred fifteen thousand nine hundred fifty-eight dollars ($115,958), from Anchorage Municipal Assembly Page 9 of 12 Regular Assembly Meeting of December 8, 2015 the State of Alaska, Alaska State Library, and appropriating a contribution of one hundred twenty dollars ($120) from the Anchorage Public Library 2015 Operating Budget, Areawide General Fund ( 101) all to the State Dir/Fed Pass-Thru Grants Fund (231) within the Library Department for the Ready to Read Resource Center Grant, Anchorage Public Library. 14.D.1. Assembly Memorandum No. AM 710-2015. Chair Traini opened the public hearing. There was no one to testify and he closed the public hearing. Paul Honeman moved, to approve AR 2015-311 Elvi Gray-Jackson seconded, and this motion PASSED 10 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Ernie Hall NAYS: None ABSENT: Jennifer Johnston Clerk's Note: Assembly Member Johnston was out of the room and did not vote. 14.E. Resolution No. AR 2015-308, a resolution of the Municipality of Anchorage appropriating an amount not to exceed three hundred seventy-six thousand eight hundred fourteen dollars ($376,814) of no-operating income to the Federal Grants Fund (241) for Program Administration, Planning, Grant Management and Community Development Services in the Department of Health and Human Services (DHHS). 14.E.1. Assembly Memorandum No. AM 712-2015. Chair Traini opened the public hearing. There was no one to testify and he closed the public hearing. Paul Honeman moved, to approve AR 2015-308 Ernie Hall seconded, and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 14.F. Resolution No. AR 2015-313, a resolution of the Municipality of Anchorage re-appropriating eight hundred-thousand dollars ($800,000) to partially fund the purchase of apparatus and equipment for the Chugiak Volunteer Fire and Rescue Department, all within the Chugiak Fire Service Area Capital Improvement Fund (404), Anchorage Fire Department. 14.F.1. Assembly Memorandum No. AM 713-2015. Chair Traini opened the public hearing. There was no one to testify and he closed the public hearing. Bill Starr moved, to approve AR 2015-313 Paul Honeman seconded, and the motion on this document, as amended, PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None Elvi Gray-Jackson moved, to amend AR 2015-313 with Amendment No. 1 on page Pete Petersen seconded, 1, line 17, as follows: the Chugiak Fire Service Area Board of Supervisors[ resolved] on September 14, 2015[ te] on page 1, line 18, as follows: request that the Assembly reappropriate the funds from the contribution in the amount of $800, 000 to vehicle and and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None Anchorage Municipal Assembly Page 10of12 Regular Assembly Meeting of December 8, 2015 Elvi Gray-Jackson moved, to amend AM 713-2015 with Amendment No. 2 on page Paul Honeman seconded, 1, line 18, as follows: Chugiak Fire Service Area Board of Supervisors[ resolved] on September 14, 2015[-te] on page 1, line 19, as follows: request that the Assembly reappropriate the funds from the contribution in the amount of $800,000 to vehicle and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 14.G. Resolution No. AR 2015-314(S), a resolution of the Anchorage Municipal Assembly directing the Municipal Clerk's Office to explore implementing Vote by Mail Elections in Anchorage, Assembly Ethics and Elections Committee Chair Hall, Assembly Chair Traini and Assembly Members Honeman and Petersen. Chair Traini opened the public hearing. PAT REDMOND, League of Women Voters of Alaska, President, testified. KEVIN MCGEE testified. KIM HAYS testified. TOM MCGRATH testified. CHRISTOPHER CONSTANT testified. Chair Traini closed the public hearing. Ernie Hall moved, to approve AR 2015-314(S) Paul Honeman seconded, and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None Patrick Flynn moved, to change order of the day to take up Item 17. Audience Paul Honeman seconded, Participation before Item 15. Special Orders and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None 15. SPECIAL ORDERS 15.A. Resolution No. AR 2015-261, a resolution of the Anchorage Municipal Assembly approving an alcoholic beverages conditional use for a Restaurant/Eating Place serving beer and wine only and License Number 5367, in the B-2B (Central Business, Intermediate) District for AK Alchemist, LLC, dba AK Alchemist; at 103 East 4th Avenue, Lots 7 and 8, Block 117, Original Subdivision; generally located at the northeast corner of A Street and East 4th Avenue, in Anchorage, Community Development Department. 15.A.1. Assembly Memorandum No. 547-2015. 15.A.2. Information Memorandum No. AIM 130-2015, AK Alchemist, LLC. dba AK Alchemist, LL#5367, Applicant's Brief as described in AIM 2015-103(A), Municipal Clerk's Office. 15.A.3. Information Memorandum No. AIM 130-2015(A), AK Alchemist, LLC. dba AK Alchemist, LL#5367, Applicant's Brief as described in AIM 2015-103(A), Municipal Clerk's Office. 15.A.4. Information Memorandum No. AIM 134-2015, AK Alchemist, LLC. dba AK Alchemist, LL#5367, Applicant's Supplemental Materials, Municipal Clerk's Office. (PUBLIC HEARING WAS CLOSED 9-29-15. ACTION WAS POSTPONED FROM 9- 29-15.) 15.A.5. Information Memorandum No. AIM 136-2015, AK Alchemist, LLC. dba AK Alchemist, Anchorage Municipal Assembly Page 11 of 12 Regular Assembly Meeting of December 8, 2015 LL#5367: The Office of the Municipal Attorney Supplemental Brief and Proposed Findings of Fact and Conclusions of Law, Municipal Clerk's Office. 15.A.6. Information Memorandum No. AIM 155-2015, AK Alchemist, LLC. dba AK Alchemist, LL#5367: Applicant's Supplemental Brief and Proposed Findings of Fact and Conclusions of Law, Municipal Clerk's Office. Assembly Member Flynn declared a potential conflict of interest on Item 15. Paul Honeman moved, to consider this question: Does Assembly Member Flynn Elvi Gray-Jackson seconded, have a substantial financial or private interest in the AK Alchemist CUP matter before the Assembly? and this motion FAILED 5 - 5. AYES: Tim Steele, Dick Traini, Elvi Gray-Jackson, Bill Evans, Ernie Hall NAYS: Paul Honeman, Amy Demboski, Pete Petersen, Bill Starr, Jennifer Johnston ABSTAIN: Patrick Flynn Based on review and vote by the body, Chair Traini ruled that Assembly Member Flynn did have a conflict and he was recused from participation. JULIA TUCKER, Assembly Counsel, spoke. ELVI GRAY-JACKSON, Assembly Vice-Chair, laid the foundation for entering executive session. In general, AK Alchemist is an appeal of an administrative decision under AMC 21.50.500A4. Assembly Counsel serves as legal counsel to the Assembly on this appeal matter. At the Assembly's request, Assembly Counsel prepared a confidential memo and Assembly members have questions. Elvi Gray-Jackson moved, to go into executive session to discuss the administrative Amy Demboski seconded, adjudication with Assembly's legal counsel and this motion PASSED 7 - 3. AYES: Paul Honeman, Tim Steele, Amy Demboski, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen NAYS: Bill Starr, Jennifer Johnston, Ernie Hall RECUSED: Patrick Flynn Elvi Gray-Jackson moved, that the tapes of the executive session may be released Paul Honeman seconded, for public access only after all causes of action related to the specific matter have been resolved by final judgment or when further claims arising from the matter are otherwise barred and this motion PASSED 10 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall NAYS: None RECUSED: Patrick Flynn 16. UNFINISHED AGENDA 17. AUDIENCE PARTICIPATION Chair Traini welcomed area high school students present in the audience and asked them to come forward to introduce themselves. TABITHA, Service High School, introduced herself. MANA, West High School, introduced himself. CASTIX, West High School, introduced himself. NOLAN!, West High School, introduced herself. IAS, West High School, introduced herself. AUSTIN, West High School, introduced himself. Clerk's Note: Chair Traini called for a 1O minute at-ease. 18. ASSEMBLY COMMENTS Anchorage Municipal Assembly Page 12 of 12 Regular Assembly Meeting of December 8, 2015 19. EXECUTIVE SESSIONS 20. ADJOURNMENT Paul Honeman moved, to adjourn the Regular Assembly Meeting of November Elvi Gray-Jackson seconded, 24, 2015 and this motion PASSED 11 - 0. AYES: Paul Honeman, Tim Steele, Amy Demboski, Patrick Flynn, Dick Traini, Elvi Gray-Jackson, Bill Evans, Pete Petersen, Bill Starr, Jennifer Johnston, Ernie Hall J NAYS: None Chair Traini adjourned the Regular Assembly Meeting at 9:10 p.m. DICK TRAINI, Assembly Chair ATTEST: ~o. BARBARA A JONES, Municip BAJ/ls 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