Assembly - Regular

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z.J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes of the Regular Assembly Meeting of November 1, 2016 1. CALL TO ORDER Chair Gray-Jackson convened the Regular Assembly Meeting of November 1, 2016 at 5:02 p.m. 2. ROLL CALL PRESENT: Amy Demboski, Dick Traini, Bill Evans, John Weddleton, Forrest Dunbar, Bill Starr, Patrick Flynn, Pete Petersen, Tim Steele, Elvi Gray-Jackson EXCUSED: None ABSENT: Eric Croft A quorum was achieved with 10 Assembly members present. PRESENT: Amy Demboski, Dick Traini, Bill Evans, John Weddleton, Forrest Dunbar, Bill Starr, Patrick Flynn, Pete Petersen, Tim Steele, Eric Croft, Elvi Gray-Jackson EXCUSED: None Assembly Member Croft joined the meeting at 5:04 p.m. A quorum was achieved with 11 Assembly members present. 3. PLEDGE OF ALLEGIANCE Students of Jack and Jill of America, Inc., Anchorage, AK Chapter, led the pledge. 4. MINUTES OF PREVIOUS MEETINGS 5. MAYOR'S REPORT ETHAN BERKOWITZ, Mayor, spoke. 6. ASSEMBLY CHAIR'S REPORT Chair Gray-Jackson spoke. 7. COMMITTEE REPORTS Chair Gray-Jackson spoke regarding the Budget/Finance Committee-of-the-Whole. Assembly Member Steele spoke regarding the Enterprise and Utility Oversight Committee. Assembly Member Petersen spoke regarding the Ethics and Elections Committee. Assembly Member Starr spoke regarding the Rules Committee-of-the-Whole. Assembly Member Weddleton spoke regarding the Community & Economic Development Committee. 8. ADDENDUM TO AGENDA Dick Traini moved, to incorporate the Addendum and Laid-on-the-Table Pete Petersen seconded, Item 9.A.1., AR 2016-304; 9.B.9., AR 2016-305; 9.F.17., AO 2016-139; 9.F.18., AR 2016-307; and 9.F.19., AR 2016-306 into the Agenda and this motion PASSED 11 -0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 9. CONSENT AGENDA Anchorage Municipal Assembly Page 2 of 15 Regular Assembly Meeting of November 1, 2016 Dick Traini moved, to approve the Consent Agenda with the exception of Pete Petersen seconded, items 9.A.1., 9.B.1., 9.B.2., and 9.B.9. which were pulled for further discussion and separate vote and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 9.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 9.A.1. Resolution No. AR 2016-304, a resolution of the Anchorage Municipal Assembly recognizing and celebrating November 15, 2016 as Anchorage Recycles Day, Assembly Chair Gray-Jackson, Assembly Vice-Chair Traini, Assembly Members Croft, Demboski, Dunbar, Evans, Flynn, Petersen, Starr, Steele, Weddleton and Mayor Berkowitz. (Laid-on- the-Table.) Forrest Dunbar moved, to approve AR 2016-304 Tim Steele seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None Assembly Member Dunbar read the resolution and Assembly Member Petersen presented the resolution. TRAVIS SMITH, Solid Waste Services, Recycling Coordinator, spoke. 9.B. RESOLUTIONS FOR ACTION - OTHER 9.B.1. Resolution No. AR 2016-285, a resolution of the Anchorage Municipal Assembly appointing Darrel Hess to the Office of Municipal Ombudsman, Assembly Chair Gray- Jackson and Assembly Vice-Chair Traini. 9.B.1. a) Assembly Memorandum No. AM 705-2016. Dick Traini moved, to approve AR 2016-285 Pete Petersen seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None DARREL HESS, Municipal Ombudsman, spoke. 9.B.2. Resolution No. AR 2016-286, a resolution of the Anchorage Municipal Assembly stating its protest regarding the New Restaurant/Eating Place Liquor License #5516 for Bridges Enterprises, LLC. dba White Spot Cafe with Restaurant Designation Permit located at 109 W. 4th Ave., Anchorage, AK 99501 and authorizing the Municipal Clerk to take certain action, Assembly Chair Gray-Jackson, Assembly Vice-Chair Traini and Assembly Public Safety Committee Chair Evans. John Weddleton moved, to approve AR 2016-286 Bill Starr seconded, and the motion on this document, as amended, PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None John Weddleton moved, to amend AR 2016-286 on page 1, line 27, as follows: Patrick Flynn seconded, November 13[~]. 2016; and and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 9.B.3. Resolution No. AR 2016-287, a resolution of the Municipality of Anchorage re- appropriating $2,623 to the Federal Grants Fund (241) from the Public Transportation Anchorage Municipal Assembly Page 3of15 Regular Assembly Meeting of November 1, 2016 Capital Improvement Project Fund (485), a Federal Transit Administration Section 5317 Grant, from the U.S. Department of Transportation, and contributions in support of said grant, for Transit Mobility Management, all within the Public Transportation Department. 9.B.3. a) Assembly Memorandum No. AM 706-2016. 9.B.4. Resolution No. AR 2016-290, a resolution of the Municipality of Anchorage appropriating $88,500 from the State of Alaska, Department of Health and Social Services as a grant award to the State Direct/Federal Pass-Thru Grants Fund (231), for provision of HIV Prevention Work in the Department of Health and Human Services. 9.B.4. a) Assembly Memorandum No. AM 716-2016. 9.B.5. Resolution No. AR 2016-291, a resolution of the Municipality of Anchorage appropriating $10,000 from the Upper Grover Limited Road Service Area (LRSA) Fund (115), Fund Balance to the Upper Grover LRSA Fund (115), Public Works Administration Department, 2016 Operating Budget for year-round road maintenance within the Upper Grover LRSA. 9.B.5. a) Assembly Memorandum No. AM 717-2016. 9.B.6. Resolution No. AR 2016-292, a resolution appropriating $29,062 of Land Sale Revenue to the Heritage Land Bank Division (HLB) Fund (221) as a contribution and appropriating said contribution to the HLB Capital Improvement Project Fund (421) for HLB Inventory Contaminated Sites, all within the Real Estate Department. 9.B.6. a) Assembly Memorandum No. AM 718-2016. 9.B.7. Resolution No. AR 2016-303, a resolution appropriating $10,862 of Land Sale Revenue to the Heritage Land Bank Division (HLB} Fund (221} as a contribution and appropriating said contribution to the HLB Capital Improvement Project Fund (421) for HLB Inventory Contaminated Sites, all within the Real Estate Department. 9.B.7. a} Assembly Memorandum No. AM 739-2016. 9.B.8. Resolution No. AR 2016-293, a resolution of the Anchorage Municipal Assembly appointing a Citizen Naming Panel for the new wing in the Anchorage Museum Expansion Project, Office of the Mayor. 9.B.9. Resolution No. AR 2016-305, a resolution of the Anchorage Municipal Assembly directing municipal staff not to inspect the marijuana cultivation facility and the marijuana retail store, both named Arctic Herbery and approved by AR 2016-198 and AR 2016- 258 respectively, until the Assembly has considered proposed license modifications, Vice-Chair Traini and Assembly Member Starr. (Laid-on-the-Table.) Bill Starr moved, to approve AR 2016-305 Dick Traini seconded, and this motion PASSED 10 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None RECUSED: Patrick Flynn Clerk's Note: Based on Assembly Member Flynn's previous declaration of a potential conflict of interest regarding marijuana licenses and the ruling of the Body at the Regular Assembly Meeting of September 13, 2016, Assembly Member Flynn was recused from participation on Item 9.B.9. CHRISTOPHER TOLLEY, Anchorage Police Department, Chief, spoke. BILL FALSEY, Municipal Attorney, spoke. BARBARA JONES, Municipal Clerk, spoke. JULIA TUCKER, Assembly Counsel, spoke. 9.C. BID AWARDS 9.C.1. Assembly Memorandum No. AM 719-2016, Recommendation of Award to Southcentral Construction, Inc. for the 458-424 Zone Merge Project for the Municipality of Anchorage, Anchorage Water Wastewater Utility (AWWU} (ITB 2016C079} ($1,033,571.60), Anchorage Municipal Assembly Page 4of15 Regular Assembly Meeting of November 1, 2016 Purchasing Department. 9.D. NEW BUSINESS 9.D.1. Assembly Memorandum No. AM 707-2016, Increase in Change Order Authority for the Construction Contract with Weldin Construction LLC for the Ship Creek Water Treatment Facility Boiler Replacement Project ($50,000), Anchorage Water and Wastewater Utility. 9.D.2. Assembly Memorandum No. AM 708-2016, Amendment No. 2 to the Professional Engineering Service Agreement with MWH Americas, Inc. for the Reservoir 3 and 4 Circulation Line Project ($200,000.00), Anchorage Water and Wastewater Utility. 9.D.3. Assembly Memorandum No. AM 720-2016, Recommendation of Award to Brenford Environmental Systems, to provide large diameter sewer pipe cleaning equipment to include accessories and components for the Municipality of Anchorage, Anchorage Water and Wastewater Utility (AWWU) (RFP 2016P030) ($1,479,868.86), Purchasing Department. 9.D.4. Assembly Memorandum No. AM 709-2016, Sole Source to Midwest Tape, LLC to provide "Hoopla Media" for the Municipality of Anchorage, Anchorage Public Library (APL) ($75,000.00), Purchasing Department. 9.D.5. Assembly Memorandum No. AM 710-2016, Sole Source Purchase from McNaughton, a Division of the Brodart Company to provide book leasing services to the Municipality of Anchorage (MOA), Anchorage Public Library ($114,372.00), Purchasing Department. 9.D.6. Assembly Memorandum No. AM 711-2016, Authorization to exercise the third 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, Real Estate Department. 9.D.7. Assembly Memorandum No. AM 721-2016, Cooperative Purchase from Craig Taylor Equipment Co. for two (2) Bob Cats for the Municipality of Anchorage (MOA), Maintenance & Operations Department (M&O) ($97, 108.00), Purchasing Department. 9.D.8. Assembly Memorandum No. AM 722-2016, Cooperative Purchase from Cal Worthington Ford for eight (8) Ford Explorer Interceptors for Municipality of Anchorage (MOA), Maintenance & Operations (M&O) ($323,137.92), Purchasing Department. 9.D.9. Assembly Memorandum No. AM 723-2016, Cooperative Purchase from Altec Inc. for one ( 1) Articulating Telescopic Aerial Device for the Municipality of Anchorage (MOA), Maintenance & Operations Department (M&O) ($107,392.00), Purchasing Department. 9.D.10.Assembly Memorandum No. AM 724-2016, Recommendation of Award to Jaffa Construction, Inc. (JCI) for mechanical crews on an "as needed" basis" for the Municipality of Anchorage, Municipal Light and Power (ML&P) (RFP 2016P031) ($1,000,000), Purchasing Department. 9.D.11.Assembly Memorandum No. AM 725-2016, Cooperative Purchase from NC Machinery for one (1) compact track loader for Municipality of Anchorage (MOA), Port of Anchorage (POA) ($77,789.00), Purchasing Department. 9.D.12.Assembly Memorandum No. AM 726-2016, Amendment No. 3 to CRW Engineering Group, LLC for Campbell Airstrip Road Upgrade and Trail Improvements - Tudor Road to Mile 0.7 C-20110337, Project Management and Engineering Department (PM&E) Project No. 10-28 ($235, 000). 9.D.13.Assembly Memorandum No. AM 727-2016, Amendment No. 1 to PO 20164120 with Capital Construction Consultants, Inc., to assist the Law Department with construction claims related services ($400,000), Department of Law. 9.E. INFORMATION AND REPORTS 9.E.1. Information Memorandum No. AIM 140-2016, Selected locations for municipal ballot drop boxes, Chair. 9.E.2. Information Memorandum No. AIM 141-2016, Third Quarter 2016 Performance Measure Report, Office of Management and Budget. 9.E.3. Information Memorandum No. AIM 142-2016, September 2016 Quarterly Expenditure Reports, Office of Management and Budget. Anchorage Municipal Assembly Page 5of15 Regular Assembly Meeting of November 1, 2016 9.E.4. Information Memorandum No. AIM 144-2016, Monthly General Government Revenue Status Report to the Assembly - as of October 23, 2016, Finance Department/Municipal Treasurer. (Addendum.) 9.F. ORDINANCES AND RESOLUTIONS FOR INTRODUCTION 9.F.1. Ordinance No. AO 2016-131, Ordinance No. AO 2016-131, an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Title 21, Chapter 21.05 Use Regulations to include Stormwater Sediment Management Facility as a newly identified use in Table 21.05-1, and includes a use definition and use-specific standards in Subsection 21.05.060E. This Ordinance further amends Chapter 21.08, Subdivision Standards to modify design criteria for curbs within residential street cul-de-sacs, Subparagraph 21.08.050.G.1 (Planning and Zoning Commission Case 2016-0103), Planning Department. P.H. 11-15-2016. 9.F.1. a) Assembly Memorandum No. AM 701-2016. 9.F.2. Ordinance No. AO 2016-136, an ordinance of the Anchorage Municipal Assembly amending Title 21 of the Anchorage Municipal Code to remove the requirement of only coming to the Assembly twice a year for text amendments to the Code and to extend the time allowed for addressing unintended consequences, to add duplexes as an allowed use in the R-4 District, to allow larger garages in some zoning districts, to add a new subsection regarding private aircraft hangars at legal airstrips, to establish the minimum area required and the method for measuring window area for windows in single and multi-family residential structures, and related matters. (Planning and Zoning Commission Case 2016- 0101), Planning Department. P.H. 11-15-2016. 9.F.2. a) Assembly Memorandum No. AM 729-2016. 9.F.3. Ordinance No. AO 2016-133, an ordinance authorizing a long term lease between the Municipality of Anchorage as Lessor and A&W Services, LLC, as Lessee of Lot 3, Block 4, Merrill Field Replat, located between Runway 07/25 and Merrill Field Drive, Merrill Field Airport. P.H. 11-15-2016. 9.F.3. a) Assembly Memorandum No. AM 712-2016. 9.F.4. Ordinance No. AO 2016-134, an ordinance authorizing a long term lease in the form of a Memorandum of Agreement between the Municipality of Anchorage as Lessor and the United States Government, Federal Aviation Administration, as Lessee of Lot 5C, Block 2, Merrill Field Replat Addition No. 6, located between Runway 07/25 and 5th Avenue, Merrill Field Airport. P.H. 11-15-2016. 9.F.4. a) Assembly Memorandum No. AM 713-2016. 9.F.5. Ordinance No. AO 2016-135, an ordinance of the Anchorage Assembly amending Anchorage Municipal Code Section 26.80.060 and enacting Anchorage Municipal Code Section 26.80.065 to add a closure and post-closure care restricted cash and investment account for the Anchorage Regional Landfill managed by Solid Waste Services, Finance Department/Public Finance & Investments. P.H. 11-15-2016. 9.F.5. a) Assembly Memorandum No. AM 728-2016. 9.F.6. Resolution No. AR 2016-288, a resolution of the Municipality of Anchorage appropriating $655,628 to the state Direct/Federal Pass-Through Grants Fund (231) a Nutrition, Transportation and Support Services Grant, from the State of Alaska,, Department of Health and Social Services, for providing AnchorRIDES transportation service for senior citizens, and appropriating $65,563 to the State Direct/Federal Pass-Through Grants Fund (231) a contribution from the 2016 Operating Budget, Area-Wide General Fund (101), for local match to said grant, all within the Public Transportation Department. P.H. 11-15-2016 . .F.6. a) Assembly Memorandum No. AM 714-2016. 9.F.7. Resolution No. AR 2016-289, a resolution of the Municipality of Anchorage appropriating $273,250 to the State Direct/Federal Pass-Through Grants Fund (231) an Alaska Mental Health Trust Authority Grant, from the State of Alaska, Department of Transportation and Public Facilities, for providing AnchorRIDES transportation service, and appropriating $74,321 to the State Direct/Federal Pass-Through Grants Fund (231) a contribution from the 2016 Operating Budget, Area-Wide General Fund (101), for local match and Municipal Central Service Agencies' support to said grant, all within the Public Transportation Department. P.H. 11-15-2016. 9.F.7. a) Assembly Memorandum No. AM 715-2016. Anchorage Municipal Assembly Page 6of15 Regular Assembly Meeting of November 1, 2016 9.F.8. Resolution No. AR 2016-294, a resolution of the Anchorage Assembly amending Anchorage Municipal Code of Regulations Chapter 25.11 to recognize the Office of Economic and Community Development as management authority of the George M. Sullivan Arena and to allow for co-promotion of events, Office of Economic and Community Development. P.H. 11- 15-2016, 9.F.8. a) Assembly Memorandum No. AM 730-2016. 9.F.9. Resolution No. AR 2016-295, a resolution appropriating $317,618 from the State of Alaska, Department of Health and Social Services to the State Direct/Federal Pass-Thru Grants Fund (231), for the Aging and Disability Resource Center in the Department of Health and Human Services. P.H. 11-15-2016. 9.F.9. a) Assembly Memorandum No. AM 731-2016 . .F.10. Resolution No. AR 2016-296, a resolution of the Municipality of Anchorage appropriating $3,278,300 from the State of Alaska Department of Health and Social Services as a grant to the State Direct/Federal Pass-Thru Grants Fund (231) for the provision of Public Health Nursing Services in the Department of Health and Human Services. P.H. 11-15-2016. 9.F.10. a) Assembly Memorandum No. AM 732-2016. 9.F.11. Resolution No. AR 2016-297, a resolution of the Municipality of Anchorage appropriating $1,576,526 from the State of Alaska, Department of Health and Social Services as a grant to the State Direct/Federal Pass-Thru Grants Fund (231) for the Child Care Licensing Program, by the Department of Health and Human Services. P.H. 11-15-2016. 9.F.11. a) Assembly Memorandum No. AM 733-2016. 9.F.12. Resolution No. AR 2016-298, a resolution of the Municipality of Anchorage appropriating $334,690.05 of Areawide General Fund (101) Fund Balance as a contribution and appropriating said contribution to the State Direct/Federal Pass-Thru Grants Fund (231) for the State of Alaska, Department of Health and Social Services (DHSS), Anchorage, Anchorage, Domestic Violence And Sexual Assault Intervention Program for FY 2014-2015 in the Department of Health and Human Services (DHHS). P.H. 11-15-2016. 9.F.12. a) Assembly Memorandum No. AM 734-2016. 9.F.13. Resolution No. AR 2016-299, a resolution of the Municipality of Anchorage appropriating $1,408,650 as a grant from the Federal Highway Administration (FHWA), through the State of Alaska, Department of Transportation and Public Facilities (DOT&PF), to the State Dir/Fed Pass-Thru Grants Fund (231) in the Planning Department for the 2017 Anchorage Metropolitan Area Transportation Solutions (AMATS) Program, Planning Department. P.H. 11-15-2016. 9.F.13. a) Assembly Memorandum No. AM 735-2016. 9.F.14. Resolution No. AR 2016-300, a resolution of the Municipality of Anchorage appropriating an amount Not To Exceed $500,000 of Chugiak Birchwood Eagle River Rural Road Service Area (CBERRRSA) Fund (119) Fund Balance to the CBERRRSA Operating Fund (119), within the Public Works Administration Department to ensure adequate funding for year round road and drainage maintenance services for the remainder of 2016. P.H. 11-15-2016. 9.F.14. a) Assembly Memorandum No. AM 736-2016. 9.F.15. Ordinance No. AO 2016-137, an ordinance authorizing a three (3) year lease between the Municipality of Anchorage (Tenant) and Bayview Properties, LLC (Lessor) for premises located at 619 East Ship Creek Avenue for the Vote by Mail Elections Program, Assembly Chair Gray-Jackson. P.H. 11-15-2016. (Addendum.) 9.F.15. a) Assembly Memorandum No. AM 740-2016. (Addendum.) 9.F.16. Ordinance No. AO 2016-138, an ordinance of the Anchorage Municipal Assembly submitting to the qualified voters of the Municipality at the Regular Municipal Election on April 4, 2017 an Advisory Ballot Proposition on whether the Municipality of Anchorage should by ordinance better align the calculations in Anchorage Municipal Code Section 6.10.037, Spending Limitation on General Government Operating Budget, with Section 14.03 of the Anchorage Municipal Charter, the "Tax Increase Limitation" popularly known as the "Tax Cap," to eliminate associated administrative expense, and to provide a limitation on spending in the General Government Operating Budget in the event that the "tax cap" is ever repealed, Assembly MemberWeddleton. P.H. 11-15-2016. (Laid-on-the-Table.) Anchorage Municipal Assembly Page 7 of 15 Regular Assembly Meeting of November 1, 2016 Clerk's Note: Item 9.F.16., AO 2016-138 was not laid-on-the-table and not introduced. 9.F.17. Ordinance No. AO 2016-139, an ordinance of the Anchorage Municipal Assembly to suspend the requirements and limitations of Anchorage Municipal Code Section 6.10.037, Spending Limitation on General Government Operating Budget, and related matters, Assembly Member Evans. P.H. 11-15-2016. (Laid-on-the-Table.) .F.17. a) Assembly Memorandum No. AM 741-2016. (Laid-on-the-Table.) .F.18. Resolution No. AR 2016-307, a resolution of the Anchorage Assembly modifying marijuana retail store establishment license number M10037, previously approved for Arctic Herbery, and located at 7107 Arctic Boulevard, Vice-Chair Traini. P.H. 11-15-2016. (Laid-on-the- Table.) 9.F.19. Resolution No. AR 2016-306, a resolution of the Anchorage Municipal Assembly modifying marijuana cultivation establishment license number M10035, previously approved for Arctic Herbery, and located at 7107 Arctic Boulevard, Vice-Chair Traini. P.H. 11-15-2016. (Laid-on- the-Table.) 10. REGULAR AGENDA 10.A. RESOLUTIONS FOR ACTION - PROCLAMATIONS AND RECOGNITIONS 1O.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 689-2016, Anchorage Water and Wastewater Utility Board of Directors appointments (Timothy M. Sullivan, Sr. and Terrence A Tauschek), Mayor's Office. (POSTPONED FROM 10-18-16 TO PERMIT A TEN DAY PUBLIC COMMENT PERIOD PURSUANT TO AMC 4.80.0200.) Clerk's Note: AM 689-2016 had no motion pending from the Regular Assembly Meeting of October 18, 2016. Dick Traini moved, to approve AM 689-2016 Amy Demboski seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 11.B. Assembly Memorandum No. AM 685-2016, Recommendation of Award to HOR Alaska, Inc., for consulting services for the 2040 Metropolitan Transportation Plan for the Municipality of Anchorage, the Planning Department (Planning) (RFP 2016P026) ($799,997.49), Purchasing Department. (POSTPONED FROM 10-18-16) Clerk's Note: AM 685-2016 had no motion pending from the Regular Assembly Meeting of October 18, 2016. Patrick Flynn moved, to approve AM 685-2016 Pete Petersen seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 11.C. Information Memorandum No. AIM 131-2016, Internal Audit Report 2016-05 - Harry J. McDonald Memorial Center, Parks and Recreation Department. Anchorage Municipal Assembly Page 8of15 Regular Assembly Meeting of November 1, 2016 (POSTPONED FROM 10-18-16) Bill Starr moved, to postpone AIM 131-2016 to the Regular Assembly Amy Demboski seconded, Meeting of December 6, 2016 and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None Clerk's Note: Chair Gray-Jackson called for a 20 minute at-ease. 12. APPEARANCE REQUESTS (SHALL BEGIN NO EARLIER THAN 6:00 P.M. AND NO LATER THAN 6:30 P.M.) 12.A. Les Shepard, regarding identification of a site for an indoor tennis facility. LES SHEPARD appeared. TIM POTTER, DOWL, Director of Planning and Owner, spoke. 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.) Assembly Member Demboski welcomed area high school students present in the audience and asked them to come forward to introduce themselves. COLIN, Service High School, introduced himself. JUSTIN, Service High School, introduced himself. CAMILLE, Service High School, introduced herself. BREANNA, Service High School, introduced herself. GABE, Service High School, introduced himself. CHELSEY, Service High School, introduced herself. SHELBY, Service High School, introduced herself. MAX, Service High School, introduced himself. KAYLEY, Dimond High School, introduced herself. ANNA, Dimond High School, introduced herself. ELIJAH, Dimond High School, introduced himself. TYLER, Dimond High School, introduced himself. ELIJAH, Dimond High School, introduced himself. LUKE, Dimond High School, introduced himself. TYLER, Dimond High School, introduced himself. 14.A. Ordinance No. AO 2016-119, an ordinance of the Anchorage Municipal Assembly amending special limitations of previously adopted Ordinance AO 2005-44(S) to provide property access for vehicles and pedestrians, Assembly Member Starr. 14.A.1.Assembly Memorandum No. AM 655-2016. Chair Gray-Jackson opened the public hearing. ANDRE SPINELLI, Spinell Homes, testified. Chair Gray-Jackson closed the public hearing. Anchorage Municipal Assembly Page 9of15 Regular Assembly Meeting of November 1, 2016 Bill Starr moved, to approve AO 2016-119 Amy Demboski seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.B. Ordinance No. AO 2016-130, an ordinance of the Anchorage Municipal Assembly to amend Chapter 6.1 O of the Anchorage Municipal Code to bring Section 6.10.037 into greater alignment with Section 14.03 of the Anchorage Municipal Charter, the "tax increase limitation" popularly known as the "tax cap," to eliminate associated administrative expense, and to provide a limitation on spending in the General Government Operating Budget in the event that the "tax cap" is ever repealed, Mayor Berkowitz, Assembly Chair Gray-Jackson, and Assembly Vice-Chair Traini. 14.B.1. Assembly Memorandum No. AM 695-2016. Chair Gray-Jackson opened the public hearing. TONY MCPHERSON testified. DON SMITH testified. Chair Gray-Jackson closed the public hearing. Bill Starr moved, to postpone AO 2016-130 to the Regular Assembly Amy Demboski seconded, Meeting of December 20, 2016 and this motion did not come to a vote. Patrick Flynn moved, to postpone AO 2016-130 to the Regular Assembly Amy Demboski seconded, Meeting of November 15, 2016 and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.C. SECOND PUBLIC HEARING: Ordinance No. AO 2016-102, an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2017 General Government Operating Budget for the Municipality of Anchorage, Office of Management and Budget. 14.C.1.Assembly Memorandum No. AM 580-2016. Amy Demboski moved, to combine the public hearings on items 14.C., Bill Evans seconded, 14.F., and 14.G. and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None Chair Gray-Jackson opened the public hearing. ANNETTE EVANS SMITH, Alaska Native Heritage Center, President and CEO, testified. FARAH ZOETMULDER, Alaska Dance Theater, testified. DOUGLAS CAUSEY, Anchorage Community Theater, testified. STEVEN ALVAREZ testified. ED LARRIVEE-II testified. STEVE BLANCHETTE testified. Chair Gray-Jackson closed the public hearing. Anchorage Municipal Assembly Page 10of15 Regular Assembly Meeting of November 1, 2016 Dick Traini moved, to postpone AO 2016-102, AO 2016-105, and AR Tim Steele seconded, 2016-235 to the Regular Assembly Meeting of November 15, 2016 and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.D. SECOND PUBLIC HEARING: Ordinance No. AO 2016-103, an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2017 Municipal Utilities/Enterprise Activities Operating Budgets and the 2017 Municipal Utilities/Enterprise Activities Capital Budgets, Office of Management and Budget. 14.D.1.Assembly Memorandum No. AM 581-2016. Dick Traini moved, to combine the public hearings on items 14.D. and Bill Evans seconded, 14.H. and this motion PASSED 11 - 0. AYES: Amy Demboski, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Pete Petersen, Bill Starr, Forrest Dunbar, John Weddleton NAYS: None Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Dick Traini moved, to postpone AO 2016-103 and AR 2016-236 to the Pete Petersen seconded, Regular Assembly Meeting of November 15, 2016 and this motion PASSED 11 -0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.E. SECOND PUBLIC HEARING: Ordinance No. AO 2016-104, an ordinance of the Municipality of Anchorage adopting and appropriating funds for the 2017 Operating and Capital Budget of Anchorage Community Development Authority, Office of Management and Budget. 14.E.1. Assembly Memorandum No. AM 582-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Dick Traini moved, to postpone AO 2016-104 to the Regular Assembly Pete Petersen seconded, Meeting of November 15, 2016 and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.F. SECOND PUBLIC HEARING: Ordinance No. AO 2016-105, an ordinance of the Municipality of Anchorage adopting the 2017 General Government Capital Improvement Budget, Office of Management and Budget. 14.F.1. Assembly Memorandum No. AM 583-2016. Clerk's Note: The public hearings on items 14.C., 14.F., and 14.G. were combined. (See the motion at Item 14.C.) Clerk's Note: AO 2016-105 was postponed to the Regular Assembly Meeting of November 15, 2016. (See the motion at Item 14.C.) 14.G. SECOND PUBLIC HEARING: Resolution No. AR 2016-235, a resolution of the Municipality of Anchorage adopting the 2017-2022 General Government Capital Improvement Program, Office of Management and Budget. 14.G.1.Assembly Memorandum No. AM 584-2016. Anchorage Municipal Assembly Page 11 of 15 Regular Assembly Meeting of November 1, 2016 Clerk's Note: The public hearings on items 14.C., 14.F., and 14.G. were combined. (See the motion at Item 14.C.) Clerk's Note: AR 2016-235 was postponed to the Regular Assembly Meeting of November 15, 2016. (See the motion at Item 14.C.) 14.H. SECOND PUBLIC HEARING: Resolution No. AR 2016-236, a resolution of the Municipality of Anchorage approving the 2017-2022 Municipal Utilities/Enterprise Activities Capital Improvement Programs, Office of Management and Budget. 14.H.1.Assembly Memorandum No. AM 585-2016. Clerk's Note: The public hearings on items 14.D. and 14.H. were combined. (See the motion at Item 14.D.) Clerk's Note: AR 2016-236 was postponed to the Regular Assembly Meeting of November 15, 2016. (See the motion at Item 14.D.) 14.1. SECOND PUBLIC HEARING: Resolution No. AR 2016-237, a resolution of the Municipality of Anchorage adopting the 2017-2022 Six Year Fiscal Program, Office of Management and Budget. 14.1.1. Assembly Memorandum No. AM 586-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Dick Traini moved, to postpone AR 2016-237 to the Regular Assembly Forrest Dunbar seconded, Meeting of November 15, 2016 and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.J. Resolution No. AR 2016-278, a resolution of the Anchorage Municipal Assembly appropriating $240,445 as a grant from the U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention and $5,288 as a contribution from the 2016 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. 14.J.1. Assembly Memorandum No. AM 696-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Forrest Dunbar moved, to approve AR 2016-278 John Weddleton seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.K. Resolution No. AR 2016-279, a resolution of the Municipality of Anchorage appropriating $401,785 as a grant from the U.S. Department of Justice, Office of Justice Programs, Edward Byrne Memorial Justice Assistance grant, and appropriating $8,836 from the Anchorage Metropolitan Police Service Area Fund (151), Anchorage Police Department 2016 Operating Budget as a contribution to the Federal Grants Fund (241) Anchorage Police Department, for the Mobile Data Computer Laptop Refresh and Phase II Network Security Project. 14.K.1.Assembly Memorandum No. AM 697-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Anchorage Municipal Assembly Page 12 of 15 Regular Assembly Meeting of November 1, 2016 Bill Starr moved, to approve AR 2016-279 Dick Traini seconded, and this motion PASSED 11 -0. A YES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.L. Resolution No. AR 2016-280, a resolution appropriating $2,005,000 from an lnterfund Loan from the General Liability & Workers Compensation Fund (602), to the Medical Dental Self Insurance Fund (603) for use as Fund Balance and the payment of loan fees, Finance Department/Public Finance & Investments. 14.L.1. Assembly Memorandum No. AM 698-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Dick Traini moved, to approve AR 2016-280 Pete Petersen seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.M. Resolution No. AR 2016-282, a resolution of the Municipality of Anchorage appropriating $527,000 of Convention Center Fund (202), Fund Balance to the Convention Center Operating Reserve Fund (202) as a contribution, and appropriating said contribution and $400,000 of Convention Center Revenues from the Areawide General Capital Improvement Fund (401 ), all to the Areawide General Capital Improvement Fund (401), for capital improvements at the William A Egan and Dena'ina Civic and Convention Centers all within the Office of Economic & Community Development. 14.M.1. Assembly Memorandum No. AM 699-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Pete Petersen moved, to approve AR 2016-282 John Weddleton seconded, and this motion PASSED 10 -1. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Tim Steele, Amy Demboski NAYS: Dick Traini BILL FALSEY, Municipal Attorney, spoke. 14.N. Ordinance No. AO 2016-125, an ordinance of the Municipality of Anchorage, Alaska, authorizing and providing for the issuance of Not To Exceed $22,200,000 in aggregate principal amount of General Obligation School Bonds of the Municipality for the purpose of financing the costs of educational capital improvements for Districtwide Major Buildings Systems Renewal in the Municipality, Educational Capital Improvements for Career and Technical Facility Education Upgrades, and Design, Construction, Expansion and Renovation of School Facilities; Delegating certain matters to the Chief Fiscal Officer in connection with the sale of the bonds; authorizing the Chief Fiscal Officer to confirm the manner of sale of the bonds; pledging the full faith and credit of the Municipality to the payment thereof; and authorizing an amendment to Ordinance No. AO 2016-47, Finance Department/Finance & Investments. 14.N.1.Assembly Memorandum No. AM 690-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. John Weddleton moved, to approve AO 2016-125 Tim Steele seconded, and this motion PASSED 11 - 0. Anchorage Municipal Assembly Page 13of15 Regular Assembly Meeting of November 1, 2016 AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None MIKE ABBOTT, Municipal Manager, spoke. 14.0. Ordinance No. AO 2016-126, an ordinance of the Municipality of Anchorage, Alaska, authorizing and providing for the issuance of Not To Exceed $27,428,000 in aggregate principal amount of General Obligation General Purpose Bonds of the Municipality for the purpose of financing the costs of Road and Drainage Improvements; Renovating, Replacing and Renewing Park Facilities; making Upgrades to the Anchorage Police Department Headquarters and related capital improvement projects in the Municipality; delegating certain matters to the Chief Fiscal Officer in connection with the sale of the bonds; authorizing the Chief Fiscal Officer to confirm the manner of sale of the bonds; pledging the full faith and credit of the Municipality to the payment thereof; and authorizing an amendment to Ordinance No. AO 2016-47, Finance Department/Finance & Investments. 14.0.1.Assembly Memorandum No. AM 691-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Forrest Dunbar moved, to approve AO 2016-126 Pete Petersen seconded, and this motion PASSED 11 -0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None 14.P. Ordinance No. AO 2016-127, an ordinance of the Anchorage Municipal Assembly to revise Anchorage Municipal Code Section 6.50.060 to restore a fraction of the suspended portion of the annual dividend distribution from the MOA Trust Fund, Finance Department/Municipal Treasurer. 14.P.1. Assembly Memorandum No. AM 692-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Dick Traini moved, to approve AO 2016-127 Tim Steele seconded, and this motion PASSED 10 -1. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele NAYS: Amy Demboski ROBERT HARRIS, Chief Fiscal Officer, spoke. 14.Q. Ordinance No. AO 2016-128, an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Section 26.65.050 to increase the 911 surcharge as authorized by Alaska Statute 29.35.131, Department of Law. 14.Q.1.Assembly Memorandum No. AM 693-2016. Chair Gray-Jackson opened the public hearing. ED LARRIVEE-II testified. Chair Gray-Jackson closed the public hearing. Dick Traini moved, to approve AO 2016-128 Eric Croft seconded, and this motion PASSED 8 - 3. AYES: John Weddleton, Forrest Dunbar, Pete Petersen, Eric Croft, Bill Evans, Elvi Gray-Jackson, Dick Traini, Tim Steele NAYS: Bill Starr, Patrick Flynn, Amy Demboski Anchorage Municipal Assembly Page 14of15 Regular Assembly Meeting of November 1, 2016 MIKE ABBOTI, Municipal Manager, spoke. BILL FALSEY, Municipal Attorney, spoke. 14.R. Ordinance No. AO 2016-129, an ordinance approving a proposed rate increase for wastewater service by the Anchorage Water and Wastewater Utility for submission to the Regulatory Commission of Alaska, Anchorage Water and Wastewater Utility. 14.R.1.Assembly Memorandum No. AM 694-2016. Chair Gray-Jackson opened the public hearing. There was no one to testify and she closed the public hearing. Dick Traini moved, to approve AO 2016-129 John Weddleton seconded, and this motion PASSED 9 - 2. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Elvi Gray-Jackson, Dick Traini, Tim Steele NAYS: Patrick Flynn, Amy Demboski MIKE ABBOTI, Municipal Manager, spoke. 14.S. Resolution No. AR 2016-301, a resolution of the Anchorage Municipal Assembly approving a Marijuana License and Special Land Use Permit for a Marijuana Retail Store Establishment with License Number M10126, Doing Business As The Herbal Cache, and located at 158 Homgren Place, Suite 101, in Girdwood (Girdwood Board of Supervisors) (Case 2016-0114), Municipal Clerk's Office and Planning Department. 14.S.1. Assembly Memorandum No. AM 737-2016. Assembly Member Flynn declared a potential conflict of interest on Item 14.S. Based on review by the Body, Chair Gray-Jackson ruled that Assembly Member Flynn did have a conflict of interest and he was recused from participation. Chair Gray-Jackson opened the public hearing. RONDA LAMBERT, Co-Owner, testified. SUSAN CARSE, Co-Owner, testified. Bill Starr moved, to continue the public hearing on AR 2016-301 to Dick Traini seconded, the Regular Assembly Meeting of November 15, 2016 and.this motion PASSED 10 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None RECUSED: Patrick Flynn 14.T. Resolution No. AR 2016-302, a resolution of the Anchorage Municipal Assembly approving a Marijuana License and Special Land Use Permit for a Marijuana Retail Store Establishment with License Number M10307, Doing Business As Alaska Fireweed and located at 715 W. 4th Avenue, Anchorage, AK 99516 (Downtown Community Council) (Case 2016-0116), Municipal Clerk's Office and Planning Department. 14.T.1. Assembly Memorandum No. AM 738-2016. 14.T.2. Information Memorandum No. AIM 143-2016, a resolution of the Anchorage Municipal Assembly approving a Marijuana License and Special Land Use Permit for a Marijuana Retail Store Establishment with License Number M10307, Doing Business As Alaska Fireweed and located at 715 W. 4th Avenue, Chair. (Addendum.) Chair Gray-Jackson opened the public hearing. RAYMOND NESBETI testified. ED LARRIVEE-II testified. Anchorage Municipal Assembly Page 15 of 15 Regular Assembly Meeting of November 1, 2016 SUSAN NOWLAND, Co-Owner, testified . ANTHONY MANN, Co-Owner, testified. Chair Gray-Jackson closed the public hearing. John Weddleton moved, to approve AR 2016-302 Dick Traini seconded, and this motion PASSED 11 - 0. AYES : John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson, Dick Traini, Tim Steele, Amy Demboski NAYS: None ERIKA MCCONNELL, Office of Economic and Community Development, Special Assistant, spoke. 15. SPECIAL ORDERS 16. UNFINISHED AGENDA 17. AUDIENCE PARTICIPATION 18. ASSEMBLY COMMENTS AMY DEMBOSKI, Assembly Member, spoke. JOHN WEDDLETON, Assembly Member, spoke. 19. EXECUTIVE SESSIONS 20. ADJOURNMENT Patrick Flynn moved, to adjourn the Regular Assembly Meeting of Dick Traini seconded, November 1, 2016 and this motion PASSED 11 - 0. AYES: John Weddleton, Forrest Dunbar, Bill Starr, Pete Petersen, Eric Croft, Bill Evans, Patrick Flynn, Elvi Gray-Jackson , Dick Traini, Tim Steele, Amy Demboski NAYS: None Chair Gray-Jackson adjourned the Regular Assembly Meeting at 8:15 p.m. 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.