i'd call this mean to orders or register to meet the energy assembly and it's february 13 2018 madam clerk please do a roll call mr weddleton france here mr trainee here mr dunbar here mr croft mr peterson president mr constant here mr boski president mr dyson chair trainee you have a quorum thank you ma'am kirk we've got uh the cub scouts pac 11 that's going to do the flag presentation and then mr falzier city manager and leaders of the pledge of allegiance as they come with a flag please stand attention if you would please so one nation under god indivisible with liberties huh okay thank you would the cub master come forward and with the kids and would like them to introduce yourselves to the assembly if they would please just tell us how old they are and who supports you and that's the thing you have to come down here and you got to put up with adults thanks for being here now so thank you mr speaker my name is zach mahondro i'm the den leader for the arrow of light boys that's fifth grade for pack 11. we're chartered out of rabbit creek community church and i'll let the boys introduce themselves hello my name is jason wise and i am 10 years old good i am daniel mohanjo and i am 10 and i am also 10 years old my name is kaden traxler and i'm also 10 years old my name is kai eiser and i'm also 10 years old jackson freeman 11 years old ready 100 10 years old elaine tate 10 years old thank you so much mr france thank you very much for arranging this ma'am anything else you want to say to him thank you all for being here thank you for having us next time in business we've got minutes for previous meetings mr denver i'll need a motion to approve the minutes of all three meetings since the minutes of november 3rd november 7th november 21st 2017. i move to approve the three sets of minutes a second is any objection i think we had an amendment or corrections is that so i'm clearly correct uh chair trainee um we did have a correction we made that to the minutes as a clerical correction and so um it's been taken care of there was just um an amendment and then there was an amendment to an amendment and two cases and um we failed to designate that the amid the second amendment was to an amendment and so that's been taken care of thank you ma'am kirk thank you mr wilson we appreciate that let's vote on accepting the minutes let's say did you set that up there we go felix you're first yeah yeah okay mr steel you need a vote sir the machine bumped us out after we voted all 11 voted that was passionately thank you and by the way with our machine um you need now whoever pushes the button first is the one that the machine is going to record it's making the motion so when you make a motion move something forward when you do that at the same time push to move the motion forward if somebody else does that they're going to be reflected as the one that did it same thing with seconding and we need to slow the system down i'm i've been told that we're moving way too fast for the computer to handle i can't believe it either but that's what they said anything else do you say no thank you chair thank you ma'am appreciate that mr mayor mr chair the mayor sends his regards uh in instead i will say we wish to extend again our thanks on behalf of administration to the public safety chair aircraft for letting us present on our seward highway law enforcement glenn highway law enforcement ordinance i think that is a pressing issue that we're happy to see come to a potentially positive mr falls as we go through how that's going to work i think you're working on it now but understand you're going to use part of the mobile fuels tax to pay for that is that correct well through the chair be happy to get into it in full detail now or at any future location where it's actually going to speak to the goodwood board of supervisors next monday and we did do the previous work session we can do another if you'd like but the general thesis says that we will be taking the highway law enforcement function out of the anchorage metropolitan police service area which encompasses about 98 percent of the taxable value of the municipality of anchorage that's worth about four million dollars and stretching that to area wide so that the net consequence will be that those who are living outside of the anchorage metropolitan police service area south of mcu creek will pick up about 75 dollars of new charges and the four million dollars that was formerly being paid by those who are north of mcu creek will decrease to four million dollars minus seventy five thousand dollars the upshot though will be allow us to permanently put two officers uh on the south on the seward highway south of mcu creek on presence which equates about 24 7. thank you mr falz we appreciate that any questions assembly members mr falzi if not dropping down to chairs report on thursday we have a budget finance committee meeting and one of the items going to be sap because i want to find out from our fiscal people if our employees getting paid correctly because we had a bump as we first started going on this so that's only we got on the agenda as sap i want to know for sure that we're absolutely paying the people correctly and that the income tax forms are getting mailed out correctly so they can do their income taxes and that's all i've got can you make reports mr wilton we'll start with you sir uh sure the well happy mardi gras everyone um moving on from that uh community economic development committee met on last thursday we talked about marijuana cultivation application which we will see at the end of our meeting and also about some changes to the marijuana laws that um got very complicated and convoluted but the committee did great work and we've narrowed them down to three very simple amendments which we'll see soon thanks thanks for your time because it was convoluted when we started out but it narrowed it down and you did a great job mr rivera sir thank you mr chair um physical report next wednesday uh february 21st um there will be a assembly committee on homelessness meeting from 11 a.m to 12 30 p.m uh we're still meeting in the mayor's conference room as that meeting tends to get pretty packed that's all mr chair thank you sir what's your weather like down in san antonio felix uh right now it's a gloomy 50 degrees we have no sympathy for you mr steele sir thank you mr chairman we do have a enterprise committee meeting on thursday we're going to hear from aww and get an update from them mr france man thank you mr chair nothing to report mr dunbar sir thank you mr chairman uh the transportation committee met and continues to discuss the taxi ordinance we have another a work session this time not a transportation committee meeting but a work session that i invite all my colleagues to attend this friday at 1pm to continue discussions of that transportation ordinance thank you that's all thank you mr croft sir thank you mr chairman the public safety committee me met february 7th we discussed two issues what was briefly discussed by mr falzi the mayor's expanded highway law enforcement finally having a proposal that i think will solve that tricky issue on the seward highway and then we spend most of the time talking about um heroin addiction the heroin epidemic that there's more and more evidence is going on in our community across the nation really but but hitting our community hard some of the treatment options and we met with the state officials charged with that and had a very good meeting on that our next meeting will be february 28 where we'll have a report from apd on how some of the new officers that are coming online uh all the efforts we've been doing over the last couple of years to put all the money we could scrape up into new police officers and where those are being deployed by chief dahl and then a report from the municipal prosecutor and the homeless coordinator on how they've been working uh very effectively together on some of the trespass issues uh downtown thank you sir mr peterson sir thank you mr chair uh the ethics and election committee met on february 2nd uh we got an update on about the progress that's being made on getting ready for a vote by mail election coming up april 3rd and uh a couple of some suggested amendments uh to our code were made uh to so we won't allow people to file for two offices run for two offices at the same time we actually had someone that attempted to do that in this most recent filing period and we thought maybe we should get a few more details written out in our code so that that wouldn't happen again the next time thank you mr peterson thank you mr constance yes mr baskey thank you mr chair i had a question if i may for peterson uh mr peterson my question is have has the fx elections committee taken up had any concern or discussion about the fact i've heard that there were two sets of campaign sign up lists one at city hall and one downtown and some were feeling like there was an unfair advantage because those lists weren't duplicated you know what i'm talking about and can you speak to that for me uh yes since we've opened our new election center on ship creek road some some of the candidates were going there to sign up and some were going to city hall to sign up where traditionally they had signed up in the past and so they kept two clipboards with the list of candidates one at each location and then they updated the online version each night with which candidates had signed up that particular day um there were there were some people that felt that they uh didn't have all the information that they needed to file for the race that they wanted to file for um but that at this point in time we didn't feel like it was anything we could correct um maybe in the future we could have a camera at one location or the other at the final deadline so people could see what was going on at the other location we haven't discussed that particularly yet but that's something that might might help thank you mr constance sir thank you a moment of personal privilege two very brief items one i um thank you mr dunbar your aide helped me secure two interns and they are both here for their first meeting tonight andre and tuna and zach christie they're in the back of the room i won't hold against them that they're both intending to become attorneys i believe they'll do some good work and so and a second personal note is that as mr welton noted it is mardi gras and so to celebrate i am providing both to the administration's meal room and to ours king cakes that are upstairs now in honor of the celebration and there is a baby inside so be careful don't choke lazy lay mountain relay anything else mr constant thank you thank you mr buskie man uh thank you mr chair i actually will give a report tonight on behalf of the public safety advisory committee if you don't mind i might actually ask the chair if you'll come up as well to help me out a little if that's okay go ahead man all right mr danger this is on the fly please fill in the gaps where i miss nick danger is the chair of the public safety advisory commission and they did have a meeting in january their next meeting is going to be tomorrow night at six but i wanted to update you on what they have been doing and what they've been discussing and a challenge that i believe is present that we may need the police chief and the fire chief to help solve first in their last meeting they did get a brief on our action to update the committee or to not sunset it to continue the commission but the challenge that i would like the chair of the commission commission to speak to is it seems we have this perpetual problem of lack of staffing or a participation from the police department and potentially the fire department now i know i've been there before when chief leblanc has been there so that's not a normal occurrence i don't believe but there has been no admin staff that is going to support this commission so um from your perspective mr danger what is it that we as a body can do to help encourage participation or what is it that the commission needs well it's true what you're saying lauren lehman is actually one of our commissioners who's been taking the minutes um for the last three minutes or meetings and uh i've been doing the agenda and sending it out to all the members of the committee commission and we just need a little an admin support there to help us out with this before when the fire department had us over at the training center they had a full-time person that was doing it i understand it's it's you know an extra job for somebody and they don't get anything for it and all that like that but as commissioners we really don't have the ability to do that we're not connected with the municipality um we're private citizens that we don't have printer blah blah and all that stuff like that so that is one of the key issues that we really need right now is some administrative support okay and my other question like i said the one of the meetings i attended chief leblanc was sitting right next to me so i know the fire department participates um and i know miss morse has been there before but have what type of engagement are you looking for for from the police department we uh well the bar was set really high from gary gillam he attended our meetings every month and he was just absolutely fantastic as far as representing for the police department and what we really would like is we want a uh officer doesn't make the command officer but somebody that's on the streets in the know to answer the questions that we bring up because we have some very knowledgeable commissioners that ask lots of really good questions and we need someone that is boots on the ground that can answer those for us before we make our resolutions so that would help a little bit and they in the past again they have been really really good about it and the fire department also so it's kind of i mean i know what this sunset thing everybody was kind of wondering what was going to happen if we were going to go away if we were going to stay so that's been kind of getting catch up on that right now again so we're trying to start new and fresh so okay so hopefully we can help i know chief mccoy is listening intently hopefully we can help facilitate that missing component with apd's participation in the public safety commission but lastly i do want to give a shout out to the office of emergency management is routinely at your meetings and it seems they participate vigorously oh andrew has been absolutely phenomenal um and julie before him was was at every meeting and they've actually done some uh andrew helped us out get some website updated where the they still had us listed as the fire training center for our meetings so we went down to city hall they had no idea we were coming so the guards had to run out and put bags on the um posting and there was nothing on the agenda up on top so they've done i mean he's really helped us out with that and that's what we need with that kind of support because he's on the inside loop sure we don't we don't get that so from the assembly's perspective if we can help you bring in the stakeholders to make your meetings more productive is that what you're looking for from us at this point yeah a little administrative help and then um some more information coming in and again it's been really good in the past and just the last three months it's kind of dropped off all right so but before we can make any decisions and resolutions we need to have some information thank you mr bhaskar we need to move on then no that's fine mr chair i i can tell i'm boring some members here but this is important because we almost actually sunsetted this commission mr falcon could we make sure the administration gets them the information they need or contact try and help them out because as you said there are citizens that have taken the time to work on these commissions we'd be happy to work with the commission thank you sir that was the point i was trying to make this this commission almost was sunsetted by this body and so i think it's our job to make sure that we are helping to assist the citizen body in getting all the information they need so they can be productive and that's the reason i wanted to highlight in their minutes you can see it because they've sent them to me that this was a big source of issue at their last meeting they are looking at other issues they're looking at the drone ordinance they're looking at a lot of other issues regarding public safety but the first step to making sure that they're productive and can help us is by making sure they have all they need so i apologize if i board the body thank you ma'am mr dyson sir okay we're now down to yes go ahead man thank you mr chair i neglected to mention that last week a community cafe on the topic of opioid misuse and abuse and prevention was held at golden view middle school and this was a community sponsored event i would like to give a shout out to a couple of community members on the south side allison arians and vel buckendorff who work closely with the principal david nogg and the golden view ptsa president stephanie green to hold this event we had several members from the administration attend and our thanks to mayor berkowitz melinda freeman and assembly member weddleton was also present and it was a very good and important discussion where the community sat down and brainstormed what we can do to address opioid abuse and a big part of that has to do with disposing and securing of prescription drugs so thank you mr chair thank you ma'am there's a problem across this town because the drugs are feeding the burglaries that go on i went to my went to my dry cleaner today and found out her wound had been busted out and her casualty were stolen mrs campbell is a nice little laundry there on lake otis they were replacing her window go to my jeweler to pick up something and found out that there's somebody stolen the watch and he's got it on videotape and there's yet to anything to be done with that you've identified the person that did it because they got to hold his parole officer so we've got a lot of crime we were in this town to fuel the drug need that we're seeing out there and it's opioids as heroin and fentanyl coming in here we've got to get a handle on this is it starting to consume this down mr chair sir one last thing i forgot to mention that miss burke yeah miss burke walking in reminded me um on a note about those cakes they were baked at the hope recovery center by the homeless women in that program so i just wanted everyone to know that as there are some positive things happening in the midst of all the troubles so thank you okay we're now down to the agenda i'll need a motion mr vice chairman to add the denim agenda laid on table items move the agenda move to incorporate the addendum to agenda and later the table items is there a second second okay amy if you would read it please man yes thank you mr chair addendum to the agenda nine b resolutions for action other item nine b14 resolution number ar 2018-51 a resolution of the anchorage municipal assembly appointing a public naming panel for the purpose of naming a public place or facility in honor of george and peggy brown assembly member christopher constant assembly chair trainee and obudsman's office 9d new business item 90-22 assembly memorandum number am 109-2018 police and fire retirement board appointment michael k abbott mayor's office item 9023 assembly memorandum number am111-2018 proprietary purchase with trust consultants for professional lobbying services for the municipality of anchorage and municipal light and power 115 000 mayor's office item 9024 assembly memorandum number am112-2018 sole source purchase from governmentjobs.com neogov for a software license renewal for the municipality of anchorage employee relations department 104 thousand dollars oh i'm sorry 104 000 47.51 purchasing department item 9025 assembly memorandum number am 114-2018 animal control advisory board appointments allegra hamer and jennifer o spencer mayor's office item 9026 assembly memorandum number am 115-2018 request to authorize the grant agreement and the amount to 53 000 with united way of anchorage as a repayment of grant to covenant house for homeless youth outreach mayor's office 9f ordinances and resolutions for introduction item 9 f-13 ordinance number ao2018-15 an ordinance approving an administrative agreement between the municipality of anchorage and the anchorage municipal employees association anchorage police department employees association general team teamsters local 959 and the international brotherhood of electrical workers technicians local 1547 agreeing to a vera holt vera whole health clinic health assessment incentive employee relations department public hearing february 27 2018. accompanied by item 9f13a assembly memorandum number am 110-20 item 9 f14 ordinance number ao2018-16 an ordinance of the anchorage municipal assembly amending anchorage municipal code section 27.40.010 to establish highway law enforcement as a power exercise on an area-wide basis and amending code sections 09.06.020 and 09.06.030 to clarify the powers and duties of the anchorage police department's traffic unit mayor's office public hearing is set for february 27 2018 accompanied by item nine f-14a assembly memorandum number am 113-2018 item nine f-15 ordinance number ao2018-17 and ordinance of the anchorage municipal anchorage assembly amending anchorage municipal code chapter 3.30 personnel rules to add additional and clarify current assembly appointed classifications update acting appointment and assignment compensation and update language for public reports to the assembly municipal clerk's office and assembly chair trainee public hearing is set for february 27 2018 item 9f16 resolution number ar2018-50 resolution authorizing an incentive once per calendar year of up to 200 to benefit eligible non-representative and executive employees enrolled in the municipalities health insurance and who can complete the vera whole health's four-part annual whole health evaluation in a calendar year employee relations department public hearing is set for february 27 2018. this is accompanied by item 9 f-16a assembly memorandum number am 116-2018 14 new public hearings item 14f ordinance number ao2018-9 an ordinance approving acquisition of real property legally described as lots 1 and 2 block 27a east edition subdivision pid003-073-0703-073-09 for purchase price not to exceed 750 000 plus closing costs real estate department public hearing is set for february 13 2018. this is accompanied by item 14 f1 assembly memorandum number am 60-2018 laid on the table item number 9 d 27 assembly memorandum number am 117-2018 amendment number 3 to purchase order 201700 seven lifewise assurance company to provide stop-loss loss insurance for the municipality of anchorage employee relations department er in the amount of one million two hundred forty eight thousand purchasing department that's all we've got ma'am that is thank you very much for that work appreciate it there's any laid on tail items we don't have right now for anybody not seeing any let's go ahead and get unanimous consent to add this felix we need yours first mr chair sir uh did we add the late on the table item there was one that wasn't part of the addendum okay she just read it i'm sorry i missed that so felix let's get your vote first then we're going to do everybody else's to approve the then the denim gen and lay down table items felix yeah okay set it up please okay please vote that passionate embassy we've amended the document in front of us we're not going to go back to those things that need pulled for a little further discussion mr dyson i'll start with you sir no items mr bowsky thank you mr chair items 9 delta 18 9 delta 23. hold on ma'am let me i'm slow let me get to it 90 18 and what 9 delta 23 okay and 9 echo 4. thank you mr musky mr constant sir yeah thank you um item 9 bravo nine bravo eight and uh nine delta twenty seven nine bravo eight and which one nine d twenty seven nine delta twenty seven okay thank you mr peterson thank you mr chair no items this evening thank you mr croft sir nine out for one thank you mr dunbar sir nine bravo 13. france ma'am no items thank you mr chair thank you mr steele sir no it's not sure mr rivera anything sir thank you mr chair i'd like to pull items 9 delta 4 and 9 delta 24. okay mr wilton sir nothing okay i want to pull one it's item 90 27. who pulled let me see who pulled that one i thought okay he pulled an id27 okay let's go through it it's item nine a one that's my croft item nine b eight pulled mr constant um 9b 13 commercial dunbar 9d 4 pulled us by mr rivera [Music] 9018 pulled by mr bowsky item 90-23 public mr bowsky item 90 24 apollo mr rivera item 9d 27 public mr constant item 9e 4 pulling ms dembowski nine f1 polar mr croft okay nine f1 alpha according to my clerks eric didn't pull that no nine alpha one for reading lisa did you chris i pulled and i i i already pulled a nine a one i i've got him on that that's nine alpha one yeah i didn't pull nine we're fine nobody pulled that off they're saying foxtrot i heard just a little we're fine it's fine it'll work well now vote on it consent agenda with adam's those except for those i'm appropriate further discussion mr avaria first yes bring up the screen ma'am okay please vote that was approved by the body now we're going back to those i'm a pro before further discussion item nine a one it's pulled on mr croft nine a one is resolution error 2018-28 resolution of the expensive assembly recognizing and celebrating february 2018 as black history month mr croft you need to move that um i'll move uh nine alpha one second ask unanimous consent mr rivera yes see no objection man before that's approved and i'm ready to read is there somebody presenting i'm presenting great a resolution of the anchorage municipal assembly recognizing and celebrating february 2018 as black history month whereas black history month began as negro history week in 1926 founded by historian dr carter g woodson an omega sci-fi fraternity as a way to bring national attention to the contributions of african americans throughout our nation's history and whereas dr woodson originally chose the second week of february for negro history week because it marks the birthdays of three great americans frederick douglass w.e du bois and abraham lincoln and the founding of the national association for the advancement of colored people in aacp on february 12 1909 and whereas the 2018 black history month theme african americans in times of war commemorates the centenary of the end of the first world war and acknowledges and honors african americans in military service to our nation from the american revolution to the present day while exploring the paradox of african-american service members fighting for freedom abroad while often not enjoying the full freedoms promised to them by our constitution at home and whereas african americans have made historic contributions to the growth and strength of anchorage and alaska including the construction of the alcan highway during world war ii and the contributions of civic leaders such as betty davis blanche preston mcsmith mahala ashley dickerson vince casey john s parks willard bowman and dr joshua wright and whereas shiloh community development inc and their community partners will be hosting a black history month celebration african-american in times of war at shiloh baptist church at 7 pm on friday february 23rd where the clark middle school informers will pay tribute to african american veterans now therefore be resolved by the anchorage assembly that february 2018 shall be recognized and celebrated in the municipality of anchorage as black history month passed and approved by the anchorage assembly this 13th day of february 2018. [Applause] [Applause] good evening my name is lori covert i'm the chair for the board of directors for shiloh community development inc and on behalf of our corporation we'd like to say thank you for passing this resolution and we hope to see you all out on february 23rd at our black history program thank you my name is stephanie williams i'm the chapter president of the alaska alumni chapter of delta sigma theta sorority incorporated and on behalf of the chapter i also would like to say thank you i'm rev dr patricia wilson kong manager of clinical pastoral education at providence alaska medical center and i would like for the four outstanding resident chaplains to please stand this is the first in the history that we've had all african descent chaplains in our training program the program is an accredited uh through the director of education department of education we visit patients of all ethnicities all faith backgrounds all cultures and diversities and providence alaska medical center there will be 20 years that this program has been accredited when 2020 rolls around thank you so much sir and for this assembly of the municipality of anchorage and presenting this proclamation it will be presented to the director of missions father ron galt our director at providence alaska medical center spiritual care department thank you so much [Applause] thank you to the members of the assembly my name is kevin david mcgee i'm the president of the naacp anchorage alaska branch 1000. on behalf of branch 1000 i'd like to say thank you for this recognition resolution for the municipality assembly recognized and celebrating february 2018 as black history month for over 200 years african americans have stood with this country and fought for this country we will continue to do so i myself am a veteran of vietnam war i'm proud to say that i am i will continue to stand on behalf of my country and i look forward to presenting this before our general membership meeting which is monday this coming monday which is the 19th uh february 19th 7 pm we conduct our meetings at the ywca thank you mr chair mr dyson sir yeah thank you i'm both a bit knowledgeable and very impressed with the recognition of what african-americans have contributed here there's one that often gets missed and as mike healy captain of uh one of the revenue cutters two of them actually that served heroically here in alaska that was on both the core women and the um the bear and he was served in these waters for 23 or 24 years uh involved in several of the very most dramatic rescues in alaska and north north pacific waters he was the face of american government here during the revenue service after the army uh was superseded the army's jurisdiction here and our history is uh different and been affected by this man the newest coast guard icebreaker is named the healy as after roaring mad mike healey who had a reputation not only as a great navigator in arctic waters but a strict disciplinarian who many sailors who thought they were tougher than the captain found out they weren't and anyways there's another man who's a hero in our state very uniquely that i i'm glad to see the name healy scattered around in several places and including on the coast guard's new icebreaker but thank you thank you mr dyson we appreciate you being here tonight thank you very much far off in american history black americans have been overlooked by purpose and design it's nice to know that time periods being done away with i think if you look i think the first black american to die was he had the boston massacre and a lot of people don't realize that so beginning this country you were there so unfortunately it's taken so long to get you recognized we appreciate you being here tonight thank you very much next time in front of us is going to be 9b eight mr constance move to approve go ahead mr constant oh all right thank you i'm definitely moved to a proven the basic reason is my mom taught me well that we would be wise to say thank you when people give us gifts and the rasmussen foundation made a 25 000 contribution to the innovation of anchorage's city government so i simply want to say thank you before voting on this item thank you the comments from assembly members we share with you join with you and your gratitude towards restless and i don't know where this town would be if it was some of the restaurants and foundation they're always there helping out when we need them providing money to help turn this town forward so thank you very much we need to vote on this mr uh rivera yeah we just hit the screen man please vote that's approved by the body of love with nothing thank you mr constant [Applause] next time it was pulled was item 9b 13. let's pull by you mr bryce chairman move to a proof second mr vice chairman do i need a third on this it says here i need a third but i it's a resolution you don't need a third on the resolution sir clerk says you do need a third because you're inducing republican i'm wrong he's right third could have a third okay good mr dunbar so i i'm doing this on behalf of uh others uh so i'd like to set this for public hearing at the regular assembly meeting of february 27 2018. and this is a request of the community council that wanted us to look at this liquor license and so that's the reason we're having a public hearing on this is the request of community council and to be clear i i need to think about how i do this logistically i'd like i'm trying to set both ar 2018 41 and ar 2018 42 for a public hearing uh i guess that's item 9 f5 which i think we already passed that was my question hold on yeah i'm sorry i i it didn't tell me to pull that one though made it there there the second one's already set for public hearing oh it's already set for about hearing wonderful thank you okay so we're just setting this one for public hearing any objection to this item just a quick question yes sir uh is from a procedural perspective what's the difference between the two items they're two separate locations okay so it's just line since there's two separate locations roger okay thank you you're about a block apart and that's part of the community council's concern right i just thought they were both addressed under the item that was already on the the f section 9 f thank you was there any objection sir no objection mr chair thank you that is approved except for public hearing i think you should have dunbar next item is item 9d let's say 9c 18. 90 18. that was pulled by mew miss dabowski yes sir somebody else might want to move it actually i've got another one let me go to the other one first i'm sorry i got this one messed up item 94. feel like she pulled 94 seconds second felix thank you mr chair um i just had a quick question on this one i wanted to see if uh mr newville and i assume mr carty were in the audience do you want a gentleman here don't see any hands coming up okay that's fine then i'll just speak generally um i really hope to work with this particular commission uh in the future in the very near future um i'm sure mr compton can attest to this but i've had a very large spike in calls in the last few weeks uh regarding uh specifically merrill fields and some of the noise issues i know it's a long-standing issue going on for years um but i think based on reports i've heard from both the community council the faa and um eventually i believe mr bowers will be able to come up with uh some type of solution to alleviate these concerns and i look forward to working with the commission on this that's it mr chair mr constant sir mr rivera you are a true man of faith okay in the comments on this we need to have felix vote first then we don't need to vote on felix please set the screen yeah please vote i'll prove item 94. disapproved by the body the next one that was pulled again is item 9018 miss nambowski you moved to mr croft go ahead yep okay i move it may i here's what we needed we needed on this one is we need to change the name on it from the port of anchorage the port of alaska to be consistent with what we're setting down to juno it says port of alaska here it says port of anchorage and i want them to work for the port as we've named it which is a port of alaska mr trainee would you like me to move that amendment for you if you would ma'am yeah mr chair i'd like to move amendment training amendment number one which changes the name port of anchorage to port of alaska second move this second and then your objection not seeing any felix got to get your vote sir john dixon mr trump not seeing objection madam clerk that's approved now i need to vote on the main issue in front of us felix your first discussion i'm sorry uh thank you mr chairman thank you mr chair i would be remiss if i did not speak about the municipality of anchorage spending seventy five thousand dollars to hire a lobbyist to lobby uh to lobby our own legislators from anchorage which seems really ironic to me i have a personal issue with lobbyists specifically when it comes to government agencies hiring lobbyists to lobby other politicians i think for the municipality of anchorage we have over 20 people that are in elected office that go down in juneau and serve us we have another 11 members of this body and a mayor so between 30 plus people that are elected to serve you i think it's a waste of money frankly to spend seventy thousand dollars on the lobbyist um this is specifically called out to lobby for the port of a port of alaska i understand that but i think we have qualified and capable lobbyists that serve an elective office frankly so as with past votes i will not be voting to spend this money because i think we could use it elsewhere for a bigger benefit to the people of anchorage thank you ma'am mr very you're first then men clerk please call bring up the screen so we can vote yes please bring it up man here we go please vote nope it's already filled in you want to reset it lisa we've got such an issue with this computer what please vote peterson mr peterson i need your vote sir that is approved the vote was nine to two so what happens next one francis item 9d 23. mr bowsky hold that one man i've moved to approve is there a second second mrs nabowski uh thank you mr chair um i have a question actually for mlmp if mark could come down there is an exception to my rule when i will vote for a lobbyist and i have to see if you meet that benchmark um specifically um can you tell me if this lobbyist will be hired the way i read it it's going it's going to be somebody who is going to help with the legislative program meaning they're going to be in juno lobbying is that correct uh through the chair mr nimbowski yes um in the past i think mlmp may have been my one exception in in that there was is there any component of this contract that is lobbying on a federal regulatory level uh through the chair ms dabowsky no okay thank you that answers my question um so in in the past when i've made my lobbying exception it's been if it has to do on a federal level when it comes to regulatory bodies because i think it's incredibly complicated when it comes to the energy sector and i can understand that again the same rationale holds true i have no idea why we have to spend tonight 185 thousand dollars to lobby people from our own community to vote on our legislative packet i think our voice would be far more effective and it costs a few hundred bucks to fly round trip to juneau so i think you know we have a legislative committee we have members that are assigned to go down there and advocate on our behalf i just think it's a waste of money so i won't be voting for it thank you thank you ma'am in the comments from assembly members not seeing any felix your first yeah okay please vote that's approved the vote was nine to two next one in front of us is item 90-24 mr rivera you pulled that one sir mr proof is there a second second moon is seconded mr rivera thank you mr share just a quick comment on this one um i have heard several concerns about the ease of use of neoglobs which is the program that's used uh for applications for the municipality especially uh one specific part of the community folks who speak english as their secondary language so they grew up speaking some other language and then learned english i'd like to see if er and i don't know worthy in the room can explore some of these issues and now that we're in that re-upping stage and to see if now is a good time um to fix some of these issues that i have heard about um that's it mr chair thank you administration is there somebody to address that question mr rivera has if not can you get him the answer in writing after this meeting mr chair director acting director norrisworthy is here and i think she can i get this come on down welcome meeting thank you so through the chair mr rivera can you bring the microphone closer to you excuse me through the chair mr rivera the neogov interface is with sap so the neogive application is what we do to do all of our application tracking advertising positions and then hiring so that process of pushing the hires from neogo into sap now might not be the right time to look at an alternative application mr romero did you hear her uh mr chair i did barely and uh it did answer uh my question for the most part i'd be happy though offline to continue this conversation with miss norris that would be good mr revere we'd appreciate that thank you thank you ma'am let's vote on this mr rivera first yes please vote that's approved eleven nothing next one francis item ninety twenty seven mr constant i think you pulled that one yeah move to approve is there a second second mr constant thank you so we just had a rather large appropriation laid on the table with very little explanation and the item for me it's not something i've ever dealt with before it started in january of 2016 before my tenure so i would just like a brief introduction as to what we've been asked to approve beyond this you know two-page document thank you thank you mr chair i'll invite karen back to the mic of june oh here we have a director of our benefits gina penny she's going to come up i'll start while she's making her way to the microphone by saying the municipality is self-insured for health insurance we carry an excess insurance coverage so that if lightning strikes and someone incurs very significant medical costs we pass those off to our access carrier this policy is our access carrier and then i'll pass the baton to juna good ma'am thank you you're very welcome for the record this is i'm juna penny and i'm the director of employee benefits at the municipality um mr falzi spoke very clearly and that's exactly what the lifewise assurance company is premier blue cross is our third party administrator and we have a single deductible of five hundred thousand dollars per member so once it gets to that five hundred thousand dollars then life rise assurance company takes over and pays the remainder of the claim mr chair yeah thank you so functionally how do we use this policy with any frequency absolutely in 2016 we had um five claims that met the five hundred thousand dollars in 2017 we've had a couple and we anticipate having two or three again this year thank you very much mr dyson yeah yeah thank you and thank you mr concept for bringing this up i had a similar question in my smart mouth mode i've often said it's almost impossible to overestimate the ignorance of elected officials but in addition we have a lot of people our citizens who hopefully are looking over our shoulders i just encourage all of us when we use the term of art like stop loss that we throw a couple of words in perhaps the parents to explain what you did yeah thank you through the chair you're correct mr dyson stop-loss is the re-insurance that takes effect after that deductible thank you thank you mr crop sir yeah you know so obviously without using any names but and you may not not know just sitting here but what kind give me an idea of what kind of um instances factually would go over 500 000 what kind of things go over that amount through the chair premature babies we have a pharmacy claim right now that's going to be to the tune of about 2.4 million dollars for 20 2018. so there's lots of different things that could come into it cancers thank you you're welcome other questions from assembly members thank you ma'am we appreciate it they're another cool thank you let's vote on this one mr verrier first yet please vote that's approved the vote was 11 to nothing next one was pulled by miss dabowski's item 9e4 move to accept your second second miss dembowski man thank you mr chair i have to tell you i was so excited when i saw this report in front of us because mr hart i don't know if he's here tonight i don't see him in the audience but i hope somebody brings the message back to him this completely surpassed my expectations and i think it's important to note that the work that we did on the community and economic development committee to give the department director discretion to be able to make minor modifications to marijuana and to marijuana licensees this is exactly uh oh yeah okay thanks this is exactly what it was designed to do um if you look at the actual aim i think i counted eight different instances where the department director was able to make these modifications without coming to the assembly we put sidebars on when those how much he could do without or she could do without coming to this body but i think this has worked perfectly so mr falzi i hope you bring that message back to the department um and i love the way it's laid out very succinctly uh it's really easy to understand like i said i'm just i don't often get surprised and this blew me away it was perfect through the chair thank you very much we will be happy to convey that to mr hart full disclosure i will tell you now that he has earned the high praise mr hart has actually left municipal service and is relocated to washington state ryan will carry the baton and we will continue to meet these experts chris is there chris this is your department so kudos oh i have no doubt that doesn't surprise me thank you but that's where mr heart came up from washington state it was nice to have him here for as long as he was here in the comments from assembly members if not we're going to vote on this one mr verrier first yes males please vote accept this doctrine what was 11 nothing that document was accepted by the body that completes our consent agenda we're now down to the timing period where we've got individuals coming to speak to us dustin darden are here okay we've got three minutes to speak on fluoride and florida only welcome to the meeting sir thank you for the invitation mr attorney i was uh i was wondering if i could have um my friend susan cannon she's a biochemist three minutes you've got three minutes you can shoot up any way you want could she speak sir what she's a biochemist that specializes in that three minutes now it's going down to two minutes and 58 seconds she can speak in your stead if you want her to yeah go ahead okay i'm sorry uh we were waiting for the thing to be handed out ahead of time so you can get that there but anyway i've emailed all the assembly members and the issue is fluoride in the drinking water and you know that uh we want to keep you informed we're part of a group of people 2 000 of which voters signed a petition a year or so ago that wants to take the fluoride out of the drinking water and we want to keep you informed with all the new information that comes out from time to time so i will be continuing to email you because the links are much easier to click on when they're emailed not in hard copy and and so this first page here in this book i'm sorry she didn't pass that out ahead of time uh is the email you got today you might want to look at the links in the international academy of oral medicine and toxicology with new studies coming out all the time as to the toxicity of fluoride in the drinking water how it affects unborn children so you want to click on that you want to check this reference out it's a little flyer and the back page it says that um the data that if it's responsibly interpreted indicates little or no beneficial effect water fluoridation on oral health and this is by a doctor that studied the issue for for many many years there's many credible references and many credible doctors that i've got links for in here the blue page is the kto article about how they stop fluoridation in juneau there are reasonable people have real concerns it's an ethical question how can this local city government force this on other people so you might want to read this and uh how this was also voted out in fairbanks and who voted out you know many cities don't floor it you'll want to see the references on that many quotes of every very reliable doctors we can't just throw all these out and that's why i wanted you to see them that's in the yellow flyer the green is erin brockovich high personal admiration for this woman who stood up against the david and goliath of water contamination issues and she's writing about how there is no excuse to add fluoride and she also has very many modern references you can click on and these can be emailed to you too but i wanted you to have hard copies so you just don't blow through the emails and i hope to be giving you emails on a more regular basis because new developments are happening all the time there's a lawsuit against the epa right now and they have to look at the evidence and this was just voted in just a few days ago that they will allow that procedure to go ahead and i'll keep you informed on that this is a there's real harms involved there's low benefit now we're finding out but there's also real harms this is a little uh information sheet that came from the pr pew foundation that prevents that really promotes fluoridation they said don't ever talk to them about this because you're going to lose the argument there's real dangers and damages done by long-term accumulative fluoride consumption so we tried i know we have two thousand people that sign the petition your time is up sir okay well thank you but please do look at the information questions from assemblymembers questions don't appear to be any thank you very much thank you for your time thank you for allowing scheduled dinner break when we come mr chair before we do mr constant i have it on advice that on this night many many many years ago something terrible happened the birth of mr bill falzi it's his birthday everybody so make sure you give him a hard time take a 20-minute break and then come back here and let's get the rest of the agenda done set it for 20 minutes so so so so so so so so so appreciate we're now down item 13 a item 13 a is ordinance ao 2018-4 nords amending ancient code 28 elections to implement voting by mail and make other changes related to municipal elections and there's an s version also so when we do the public hearing i want you to move the s version there's another version that comes with it so public hearing inside of us not open anybody wishing to testify please come forward see html created for the record spell your last name and tell us what time you're living hello sir good evening uh ron oliva a-l-l-e-v-a uh this mailing uh to elections it's come to my attention uh bean's cafe is a mailing address for over 110 potential voters now that's one location and if people show up to get their mail all at once 110 votes in that district at that location it's almost like a quasar little polling place and because of the politics people who vote to give them money what if the executive director would put up only a poster for one candidate which they were likely to do or endorse so it's almost like you have to be 500 feet from a polling place to put up any political literature so by having this many addresses to that location to what are professed to be handicapped people or mentally handicapped easily swayed whatever i'm just uncomfortable there's a gray area here that i'm not comfortable if that's pure democracy and that there may be just a window of opportunity to make this voting by mail at that particular location under those circumstances with those people and that kind of situation that i don't think things may end up being real transparent and open so i want you to take that under consideration that if that comes up i'm not comfortable with that i ran for assembly i don't think they'd be posting my picture it beats cafe so there's a little conflict there i want you to take that under advisement and hey let's keep everything clean and above board thank you sir anything else well one other thing i just think it's wrong to have beans cafe use that as an anchor address if you're transitioning homeless or hungry don't anchor them in a homeless district by giving them a permanent address to go get their mail you want to get them away from that and transition them back into some sort of normalcy leave it up to the u.s post office where you can fill out passports hey you can vote in the post office it's private but down there i i think you're influenced by who you run with and easily swayed so i i think that should be a consideration stick with the mission you're going to feed the hungry feed the hungry but don't provide this mailing address for voting or any mail whatsoever including ss checks and because you just draw those people and anchor them there any questions any questions for mr oliva mr steele how would you suggest they get their mail well you know there's mailboxes inc right outside the city hall there's a place that you know they can rent the box and then there's always general delivery at the post office but i think it's wrong specifically when it gets into those high numbers and it's not temporary and you know is that a permanent address for a sex offender it's not part of their expertise and they shouldn't do it that's not a club down there and that's not a permanent home is that all mr steele that's it good questions thank you mr leva oh you're more than welcome mr trini we'll see you later anybody else wants to find this item please come forward anyone at all you're gonna say no testimonies close to one switch to the body i'll need a much on the s version for a second that was to approve 2018-4s do we have some amendments i do mr chair so i would move amendment number one it's actually titled from assembly member lafrance but she had to go to see her son star the lead role in a high school production high school or elementary school actually i don't know she just said leave production so i put high school there maybe i'm wrong i don't know she's watching somebody lead in something uh so move amendment uh number one la france amendment number one okay push your buttons as you move in second mr croft on the minute sir or is it self-explanatory oh well no let me explain it very briefly the um and the clerk has asked me to remind everybody to use the buttons so that we can try and train the system and um avoid confusion um and speaking of avoiding confusion that's exactly what amendment number one attempts to do we have had people in the past attempt to file for more than one office in the same election the language i think attempted to prohibit that but wasn't very clear and so this just makes it extremely clear you cannot serve simultaneously on multiple seats mayor assembly and school board you cannot run for both at the same time we'll get later to to we haven't been faced with it directly that is before this particular election when people have attempted to do that our fabulous municipal clerk has has been able to talk them out of it we do actually have somebody doing that this time and we'll deal with what we do with the current situation later but this will for the future clarify that that is not allowed question assembly members okay the amendments in front of us mr rivera your first yeah please vote then members approved 10 to nothing because she's gone mr croft i think it's actually if you want to go in order yours is the next amendment a chair training or we can go skip it to amendment number four whichever you'd like mr training thank you mr dunbar mine is put down as training amendment number two and what it does i'll read it to you over uh 210 000 voters records of the state of alaska database within the spell of anchorage are less than 1500 have an invalid residence just based on the state's data as of december 2017 because there's no formula no confirmable residence unless we cannot determine which ballot the one voter should be mailed mr clerk's office determines which approximately the 685 ballot styles of voters qualified to vote based on the resident's address while the municipal court incorporates the divisional elections may be able to resolve some of these issues others will require other voters to voluntarily update their voter records to the state military clerk sent a mailer to voters early january for the purpose and the municipal clerk had mailed this small subset of voters with additional notice information a mailing address and availability and available but we expect some potential eligible voters will again not be able to respond in time to receive a mail ballot these voters return the voters are assuming they are otherwise eligible voters can still vote by mail coming into one of the accessible voting centers but we do not want to mail ballots to them because we cannot determine which of these 167 different ballots styles to send to them the voter receives the wrong ballot in the mail it could skew the election so this comes from a clerk's office what they want to do is for people they cannot get their address they don't want to send them to invalid addresses it's not disenfranchised and they still get hold of accessible boat center if they want to there's not that many people we're talking about so i'm bringing this forward for the clerk i need a second on it mr wilton uh you know um it looks like this is already incorporated into the s version am i missing something i think you're you're way ahead you were so disturbed when i spoke with miss lafrance she said that she wasn't comfortable with the clarity of the language in the s version and that she was hoping that the amendment would make more clear exactly what we're trying to do and i don't have an opinion on that but that's what i think that you're referring to the amendment we already accepted i'm talking to the one mr trainings [Music] who barbara do you still want this amendment man the microphone ma'am this is our crook barbara jones we don't see much of her now because she's electric central hello ma'am hi i've i've got my my boots and my wool socks on because the election center has a concrete floor and it's a little chilly down there um so we we would like this amendment and it is slightly different than the s version so there are two issues so um mr rattleton i'll start with um the s and in the s it talks about voters in the condition of lm pn and un so there's those three conditions of voters in the s version i'm at um 28.40.020c okay okay so in that there's talking about three types of voters so the floor amendment actually talks about pn and undeliverable and voters without a valid residence address so we've dropped voters in list maintenance the lm voters but we still want to not mail to pn voters the purge notice or the undeliverable voters and we want to add not being able to mail to the voters who don't have a valid residence address so we would like your support on this amendment mr wilton okay that's it thank you you're welcome other questions mr baskey man um yes i have a question for miss jones um i'm trying to remember what all the different categories mean but i think you addressed my concern with the list maintenance being taken out here because this maintenance wasn't that the category of voters who were still active they just hadn't voted in a while yes miss demboski however we have done additional research and we found out that all list maintenance voters were not equal and currently we do not have the technology to separate the list maintenance voters that who had not voted for a very long time from other list maintenance voters so um we made a decision to leave those voters in and we'll be mailing ballots to those voters i appreciate that because that was my one real area of concern um and i think the floor amendment that you have here that mr trainee is proposing i actually i think it's much better than what's in the s version so i appreciate it thank you great thank you other questions thank you barbara by the way barbara how many ballots are you mailing out think about what the potential is for voter turnout is remarkable and for voters because our voters train has been pathetic so it's great to see them doing this okay let's vote on this amendment felix you're first yeah please vote that's approved 10 to nothing mr croft croft amendment number four is the way it's titled amendment number four could i get a second second mr croft so this raises the question of what what to do about the fact that right now there is a candidate mr stafford ron stafford who's filed to run for both mayor and school board and everything about this that we have in front of us as it stands is retroactive to december 1st 2017. we wanted it to apply to the election and so that's the way it does that so what what this amendment brings up and and what i what i i'm going to propose though people might differ but that's why we have this is i i don't think it's fair with language that was arguably ambiguous uh i think we intended to say you couldn't run for both but i'm not sure we did it very well and somebody then went through that opening and did file for both um that we retroactively shut that door i i mean i think it would you know we might have wanted to be clear before we are being clear going forward uh this raises the question do you do that just going forward and uh or do you say um to the to the one person who has done it we weren't clear but now we're being clear you cannot and i guess i would err on the side of letting him do it this time it's awkward particularly if he wins both that would be odd and hard to handle he can't serve on both i think that was clear on the uh before it just wasn't very clear that you couldn't file for both so this amendment would mean that that person in this case mr stafford could run for both but that we would shut the door after this election thank you mr croft questions from assembly members for mr croft okay mr dunbar yeah i just wanted to um not even a question i just want to voice my support i think that mr croft i think this is a worthy um amendment i i i understand why we are making it more clear i don't actually think it's the worst thing in the world to have people run for multiple offices and then decide which one um so we've made that decision we made it clear but it doesn't seem like the worst outcome in the world to allow people to to run for multiple offices in this in this particular case i agree with mr croft thank you comments from assembly members if not let's vote on mr kraft's amendment mr rivera you're first your vote mr rivera uh yes okay please vote that's approved by the body in the amendment semi members if not we're going to vote on the main document as amended we're now voting on ao2018-4s comments from assemblyman registered to dunbar sir nothing okay i think it just wasn't cleared from the last one question for some any comments from assembly members no no comments miss somebody remembers i'll make one i want to thank barbara for the great job she's doing with this this is going to be an interesting test to see how it works here and i've heard a lot of concerns from people that are afraid of it but quite frankly every other state in the union has been able to do it that's tried to do this we've seen voter turnout go to 70-80 percent there's no reason it can't be done here i've got a son lives in king county and i said philip how does that work he says fine but i don't have a secret ballot anymore i said so what happens he says we sit around the tent my wife tells me how to vote so tell him to go sit in his car and he can vote but the main thing is you can only use a blue or black pen please do not use the number two pencil remember in school they told you how to number two pencil those will not be registered by the system so please blur blank only yes it is barbara tell them [Music] sure dick is giving the right information [Music] he tried [Music] and a pencil won't work okay i thought you said it wouldn't work no red [Music] okay i wouldn't test the system i'll use blue black ink let's vote on this felix you're first yeah there highlighter yes mr falls used a red pen trying to test the system mr wilton mr dyson i need your vote sir that's approved by the body go barber giving election to run thanks for being here barbara we appreciate it we're now in front of us item 13b i'm 13 b is on seo 2017-175 and there's an s version i think an ordinance of the increasible assembly among anxious about code total 21 section 21.03.020 one point zero three point one oh five twenty one point zero five point zero one zero twenty one point zero five point zero five five twenty one point twenty one point zero zero two wave reading thank you and lannister regulations for commercial marijuana establishments using planning case public hearing this item is open anybody wish to testify please come in front of us uh give us your first and last name spell your last name if you would please and tell us what town you live in anyone at all herring's saying no one public testimony is close what's the wish to the body move to approve second we're going to start with you first sir okay we've got uh three amendments that you should have in front of you uh amendment number three um these have been around for a while should i read this people they've been posted online if you would mr woodward happy to read it okay this is um men's section four page 5 lines 15 and 24 through 25 and it is amended and amended to restore the original language and this is what was in the original version not the s version so section 2a would read in addition to the other methods of measuring the separation distances as set forth in the subsection all marijuana establishments shall be separated from the protected land uses listed in subsection 2c below by at least 200 feet as measured via a spray straight line from the lot line of the marijuana establishment deleting the word directly to the closest lot line of the protected land use applicants who have initiated a state of alaska marijuana license on or before january 1st of 2017 are exempt from this provision in section 2a it would read additionally all marijuana establishments shall be separated from schools items 2ci 2ci and 2 c i below by at least 500 feet adding the words as measured via a straight line from the lot line of the marijuana establishment delete the word directly to the closest line of the school applicants who have initiated a state of alaska marijuana license on or before january 1st of 2017 are exempt from this provision and in section f it would read in zoning districts established for chugack eagle river in chapter 21.1 add the words the separation distance required in subsections 2c and 2d above delete the words this distance then shall be measured delete the words via a straight line and delete as the crow flies from the closest slot line of the proposed marijuana establishment and further along uh section six page six page ten lines ten through eleven and eighteen through nineteen section one a um would say in addition to the other methods for measuring the separation distances is set forth in this subsection all marijuana establishments shall be separated from the protected land uses listed in sub-sections 1.c below by at least 200 feet add the words as measured via straight line from the line of the marijuana establishment and move ahead in section 1 b would read additionally all marijuana establishments shall be separated from schools items ci one c double i and one c triple i below by at least 500 feet add the words as measured via a straight line then the line of the marijuana establishment and delete the word directly second thank you but move to the second a discussion mr croft or mr wilson you want to keep this was reviewed um um we've had three meetings of the community and economic development committee over this um ordinance and these three amendments come from that and this is wording that was recommended by that committee um we've had a it makes consistent and more clear what we mean by measurement we had as the crow flies but what exactly does that mean um we use the word measured which is typical in our ordinance and generally it's assumed to mean in a straight line but we want to make a crystal clear that we mean a straight line when we measure these separation distances so now it says what we mean as measured via a straight line thank you sir mr croft sir on the amendment in front of us yeah so does this reply is this just clarifying the straight line or crow flies idea or have we gotten rid of the the alternative measurement system of sort of portal to portal i haven't done well it doesn't some of these are from lot line to door right and some are from lot line to lot line but it makes clear whichever you use it is measured by a straight line so that concept remains it's just clarifying it's always a straight line measurement correct yeah well in these cases i mean there are some where it's the shortest pedestrian path and that has its own convoluted definition but in some cases like this 200 feet and and part of this the very last part downtown is still under old title 21 so that last bit i read is amendments to old title 21 which is just applies to downtown mr croft you know thank you thank you miss uh miss dabowsky man uh thank you mr chair i think i know the answer to this but because you know i'm always doubting myself i just want to double triple check section f um in chugiak eagle river we're not changing the fact that we're measuring we do not use the shortest pedestrian path wow we use from the closest lot line to the closest lot line and that's not changing with this because we don't we're not putting in straight line in this section nor do we have as the crow flies um but it says here from the closest line of the proposed marijuana establishment i want to make sure by not defining a straight line or crow flies which i asked to have taken out because i hate that term um that we are still in we are still consistent with the expectations that we originally passed right okay i thought i was sure i just wanted to make sure i'm getting a nod from planning that yes in fact you know it's correct so thank you you're happy mr bowsky i am thank you mr cross mr costa sir thanks sir the one thing i have yet heard about the debate was that the the intent behind making this language change was to unify the language of how we measure across various sections of the code because uh the legal was a little concerned about the inconsistency between other areas where we discussed measurement um i might add actually it goes the opposite really right that throughout the rest of the code we just say as measured and um mr gates can correct me if i'm wrong but it was his point to be consistent with code we would just say as measured so we've deviated from that for this special section of code that deals with marijuana and we say as measured via a straight line and we wanted that extra crispness to it because we also have measurements via the shortest practical pedestrian route which is not as clear as one would hope it would be so as you can tell this debate has gone on and around in circles so not in circles my shortest route [Laughter] mr constance as the drone flies uh mr wilson anything else sir no thank you okay any other comments mr revere any comments sir uh no mr chair okay let's vote on this amendment wilton number three amendment mr uh will turn i'm sorry mr averier first yeah please vote mr wilson we need your vote sir so i'm skittish about hitting the buttons now that is approved mr wilton next one amendment number four sir this is amendment number four and this amends the uh s version page three beginning at line twelve and lines twelve and thirteen are amended by deleting the following proposed by deleting i'm sorry yes it is this is deleted it deletes a floor plan to scale and dimension depicting the entirety of the licensed premises its arrangement of rooms in relation to other all other uses located within the same building second second mr wilton to explain it sir this is not necessary for um various criteria for approving a marijuana establishment but it this requirement does reveal some security issues by kind of describing the layout within the building and what's in the building in those various rooms burglars can kind of narrow down where they want to go when they break in and we don't want to do that there's been some problems with that so it's not necessary information for us but it can cause a security problem for the marijuana establishments other comments from assembly members on this amendment let's vote on it mr rivera you're first yet please vote thought it was approved ten to nothing mr wilson amendment number i could do seven i'd invite mr constant to take care of this one if you'd like would you want to do it i was very involved with this um i would move to approve welton amendment number seven second mr constant thank you so another item that we have at length debated is allowing certain manufacturing techniques within the b3 district and uh one thing that was clear in the discussions is that when the the regulation oh i guess i should read the amendment huh sorry um the this amendment will change the code by allowing closed-loop carbon dioxide extraction systems but it will also do a few other things so this amendment we'll add producing extracts it will strike that only extract for marijuana concentrate production by and we'll add using water-based food-based closed-loop carbon dioxide systems or other methods not employing solvents or gases as described in 3ac 306.55 and strikes the kind of description b 1 2 d and e strikes only manufacturing edibles but do not have extraction facilities or other types of manufacturing okay so the purpose of the amendment and it changes the footnote 3 of exhibit a of the table of allowed users so what it effectively does is allow the the extraction of marijuana products in the b3 district using several methods except for solvents or gases the one solvent that's allowed is the gas that's allowed as the closed loop carbon dioxide extraction system so the committee went pretty deep into this topic we had several meetings on the subject we had experts come in and testify and some of the concerns that were raised were that we didn't want to get into allowing explosive kind of uses within a business district but the carbon dioxide system as attested by the fire inspector who came in and testified to us is not an explosive highly explosive system and it in a fire situation it might be something like a soda extraction system would would catch on fire it wouldn't be pretty but it wouldn't be heavily explosive so the intent of the amendment is really to allow limited manufacturing in the b3 district which has previously been limited restricted thank you mr constant questions from assembly members on this amendment don't appear many questions mr steele mr steele sorry you didn't show up on thecube thank you mr chairman the uh i just want to know uh have we coordinated this with the state is it consistent with state uh what's the status of that yes so all of the allowed uses are under as described in three aac 306.55 which is the state code our are changing it is not impacting our consistency with whatever's existing in code are we making ours consistent is that the theory we're allowing more of what they would allow in areas we previously haven't all right mr bowsky ma'am uh i think mr constant covered it i was just gonna answer the question but he got it okay another question assembly members if not please vote in amendment mr revere first yes that's approved ten to nothing we now the document in front of us 2017-175 as as amended uh mr bowsky on that in that document man yes thank you mr chair um i'll just sneak this in there i see a bunch of students in the back of the room mr chairman so i was going to give him a quick recap on what we're doing and i know at some point you're going to ask them to come down i'm sure so what we've been doing is we're actually updating our laws regarding marijuana marijuana establishments within the municipality of anchorage so all of what you just saw were tweaks to the law specifically in some zoning districts we don't allow certain types of extraction methods some of those methods use explosive gases like butane and other things that we put restrictions on we don't allow specifically in business districts what we've done just with this last amendment that was being discussed was we changed it so you can use a closed-loop carbon dioxide system and i wanted to say for the body one of my big questions was specifically what does the fire marshal think about this and cleo hill did come into our committee meeting and she talked to us about it she had no concern so i think it's really important to put that on the record this was a topic that was discussed robustly at the committee and i think i at the end mr weddleton really came up with a good amendment and i think we were able to address the concerns of not only the planning department but also of the industry and potentially of the public with potential hazards so i do support the changes to the ordinance as we have presented them tonight thank you thank you ma'am mr wilton sir uh yeah i'd echo that and i think tremendously mr gates was very instrumental in this we had seven dueling amendments and needed to narrow it down it got very complicated uh mr yelley of course has become the expert in the marijuana stuff he's been very patient and uh he's done very good work and appreciate the department's participation and then also the industry was very good i took a tour of an extraction operation was absolutely impressed with it i'm at our meeting uh mr frisch shorn who's here and i think um jason whose name i forget um was also there and uh and others in the industry so it was really valuable to have everybody come together talk about what these are uh we did not open the doors to every type of extraction but just a few that we think are comfortable and make sense in a b3 as opposed to an industrial area so it took a while to get there but i think we've landed in a good spot and thank everyone for their help with it thank you mr crofts are on the document from us as amended yeah uh just apprecia two points appreciate uh all the work mr welton and his committee uh does they they really dive into the details work with the industry resolve concerns you can we you can tell the quality of work that they and that he and the other committee members uh put into at the time and and the quality of it so it comes out with good results like this from the public safety perspective this helps um this helps a lot this is a new industry something that used to be a crime even a felony before the initiative and is is now a lawful um business and we've had relatively few problems we've had one problem operator here one that got closed down fairbanks but most recently one robbery and this helps solve some of that the biggest the biggest problem i think uh in the industry going forward is how they do their financial services and we just haven't solved that uh issue when we force them to be a cash only business essentially and it's largely because the federal government hasn't addressed this but it it also gets down to state and municipal responsibility at some point we we need to solve that next problem of theirs that they're dealing with and carrying cash in a way that is 150 years old and um and a public safety risk and so i appreciate what was done here not you know something as simple as not forcing them to put the places where they have their security cameras on a document that's a public document so that if you're interested in robbing them you can just go look at their file and see where their security cameras are but it makes a lot of other common sense amendments and so i appreciate it thank you mr croft mr constance sir thank you and one last nod to the addition of the use of carbon dioxide in the b3 districts both to the department staff ryan and team and to the industry the idea here is to open the doors lately for an additional use in an area where it traditionally hasn't been used and in some ways that's you could look at it as a reward for performance in the industry so far that people are doing a fair job fine job and there's been no threat so far to the public safety that's been noted because of the operators not withstanding the issues of the kind of crime that have surrounded some of the businesses so um big thanks and this is again a very limited change mr rivera any comments before we vote on this item no mr chair okay one from the comments you know they made it very clear that co2 has been used for 100 years for a lot of different uses from from pop stands but co2 is used everywhere and it's heavier than oxygen so it doesn't provide a safety health risk to the public that's a lot better than using other classes of extractions that are flammable this is not so please vote on it mr very uh first sir yeah hi i'm clerk mr dyson sir that's approved 10 to nothing mr wilson thanks for your work on that it was good to get all those amendments dropped down just a few we had and number seven worked out really well you're welcome thank you you know okay next time in front of us as item 13 c ordinances 2017-155 ordinance anchor civil assembly emitting anxious code chapter 8.80 to remove the exemptions from fees for excessive police responses for non-profits and charitable properties and to add on-site security guards that come at commercial properties as an example of appropriate corrective action since i'm the sponsor of this we're going to have open public hearing but it's my intention to delay action on this the 20th of march because in talking to our housing coordinator she's gotten experts coming up out of seattle to help us work on this nancy burke so what we want to do is simply postpone this action but we suffer by caring because it's listed for about testimony so anybody wish to testify please come forward stay tuned for the record spread your last name and tell us what put down your living hello sir good evening ron oliva uh as you know i sued beans and the brother francis you're still entitled to ten thousand dollars on that lawsuit i came here with the money and offered it up thirty thousand dollars to anyone who would come forward the non-profits municipality and match that or just use it for a security guard a medic and commercial garbage pickup the issue is i just came back from the planning and zoning and i appeared before them because the conditional use that was granted and approved by the assembly is in penetratable you cannot change that if there is a violation eight thousand calls going to the brother francis and beans i have to turn that into code enforcement code enforcement will not accept that because they have to turn it over to the police the reason they can accept it is because they don't carry a gun or wear a breast protector so as a private citizen calling down code enforcement to see the overflow negative impact because of the number of calls there that affected my business my health my safety and my quiet enjoyment there's a no-win situation for this citizen taxpayer injustice for one is injustice for all they have a card blanche this ordinance is a good attempt to hold him accountable because whether it be nancy burke at 187 000 salary package or lisa sotter at a 145 000 salary with a benefit package of about 40 000 they do have the funds to pay these fees for the nuisance calls that they create and any other industry including the liquor industry specifically or marijuana if they had these calls they would pull those licenses on a drop of a hat but the conditional uses that are granted to the brother francis and beans can't touch them they're just untouchable it's sad but it'll take the courts to unravel that and that's going to cost the city a lot of money so this is a good ordinance a good start but hey it's still not enough for the chaos that takes place on those grounds so i'm going to support this ordinance it's a start but anyone who votes against it is complicit in those violations by not voting for this ordinance do you have any questions there no questions sir thank you appreciate being here that's always scary you know dick take your seat sir we'll see you in a bit again anybody else wish to testify please come forward anybody else wants to testify please come forward of fairview and former vice president at fairview community council and i'd like to i like this but i'd like to recommend some things to be done there um they found that when they put orchestra music playing outside of a art place downtown they didn't have windows and stuff being broken they played few loot music orchestra music relaxing music heart music next thing is there's claiming that they're a campus and the only campus in fairview is fairview recreation center the regina is the back to work network the handicap accessible plate place that works with the kids and you know the disabled another thing i'd like to recommend is that they play 12-step stuff to help them get help so they're hanging out outside they're drinking they got some problems why don't they play tape recording of some aaa meetings or some yoga relaxation stuff or i think that that needs to be recommended to be done to help things get better i've gone in there and talked to them before and they're like well regina why don't you just get some people to come in and do it and it's like well excuse me you know i've offered you know to send over recordings for them to use that i forward off to people with the back to work network and they they refuse to to play those so i i think that this is a good first step but we need to stop enabling them and i could tell you how to stop enabling them another thing that needs to be done at nighttime when they're all grouped around we have buses that stop at a certain time we have all these tour companies with all these tour buses and why don't we solicit them to possibly circle through the city between 10 pm and 10 a.m and stop at places like hospital fire department play some stuff to help them they got some reclining seats and that way there we don't have to constantly fight with the nimby people that say no i don't want this in my backyard i don't want that in my backyard and it loops through the city and stops at places where they can get help and then you give the the bus company owners a tax break and i'm already talking with people at my post in fairview about some ideas and i will be talking to access alaska is there any questions from anyone question from assemblymembers thank you ma'am there are no questions okay but yeah look at that i mean they found they do it in other cities it works anybody else wish to testify please come forward thank you sir i appreciate you guys doing what you do um until almost this guy getting down home is so wet they're going to be there the bible stays homeless and don't look at mr trainee i see you in eager river i see you all the time but mike's point is just uh you know they're going to be there that's all i can say and they'll do what they can do i talk to mr barker but she's not here but he's a good man i like him i'm going to vote for him again and uh i think it's uh you know you gotta build you gotta be bro they said what they do man they're gonna be it that's what they are that's all i could just say all right thank you have a good night anybody else wish to testify please come forward anyone at all here you see no one mr rivera you want to comment sir we need a motion before we'll have comments mr rivera if i get an emotional body to postpone this item we'll take action the 20th of march mr chair i moved to continue the public hearing and to the meeting of march 20th second okay mr avaricer uh thank you mr chair um i definitely want to encourage my colleagues to support this motion and asking indulgence from my colleagues i know this is a long-standing issue but i don't think we've developed a framework yet on how to handle our shelter system as a city not in a manageable way at least and as mr trainee alluded to in march a nancy burke homelessness coordinator is bringing up experts from seattle who have done what i believe we hope to achieve with our shelter system um so these experts will be coming before my committee in march and i'll be working with the authors of this ordinance to craft something that i think will work for all parties involved thank you mr chair thank you other comments from assemblymembers say no comments let's vote on extending this public hearing to the 20th of march mr avery your first yeah okay that's approved this item will come back in for us the 20th and we'll take action all right next time in front of us is that adam 13d i am 13 years old and that's a 2017-161 and there's this version an ordinance repealing anxious book code chapter 15.35 repealing and reenacting anxious about code chapter 15.30 regarding the anchorage clean air ordinance and the main the fine schedule in municipal code chapter 14.60 for the department of law and health human services and the department of law public hearing this item is not open anybody wish to test why please come forward say hm curry for the record inspire your last name and tell us about john 11 welcome meeting sir i'm patrick button with the alaska department of environmental conservation division of air quality and i was here on behalf of our director denise coach and we wanted to state that we support the one proposed revision to add wood stoves and wood fireplaces to your opacity standard but other than that we don't have a position on any of the other revisions we don't foresee any impact on the state air quality program if you follow through with the proposed revisions anything else sir no that was it questions from assembly members mr whittleton sir so so wood stoves do do um does alaska dec have rules regarding wood stoves yeah they're considered fuel burning equip we have generic rules on fuel burning equipment so they would be considered under that so if we did nothing regarding wood stoves here would they still be under some restrictions from your agency right they'd be subject primarily what the issue would be with the would be the opacity okay have we done anything that's more strict than what you would already do um i think it's this it's the same right yeah it's exactly the same it's the same standard so all we do is reiterate what was already the rule except you're adding yeah you have the rule but you're going to be adding the wood stoves and the fireplaces to it okay but they're already but you already have authority over wood stoves we just add it more overly in our code is that correct um if that if you want to look at it that way yeah good well i haven't that's a question more than yeah yeah i don't know if it's more work but um yeah they would be they would be regulated currently under state regulation okay all right thank you okay there know the question uh mr croft has a question mr croft yeah i think i even have the same question but i'm just not as quick as mr weddleton and i uh we did have a work session on this but i i'm more confused than i was before we don't we are adopting the same standard as the state has but we didn't have wood burning as a opacity standard before yeah you didn't have as i understand it you did not have wood burning stoves or fireplaces subject to your opacity standard okay you're from the state right right maybe i can hear from the muni uh about what we're doing so i appreciate your testimony about your position that that's an appropriate thing for us to add or okay yeah but from from our people why do we need to add it if the state has it well we're gonna would you get that later yeah later okay good i'll reserve that question but i think questions yet for this gentleman from the body okay thank you sir anybody else wish to testify please come forward look at the meeting sir yes good evening my name is matthew stitchick last name spelled s-t-i-c-h-i-c-k i am an environmental scientist with a 15-year history in air quality science and also data analysis and code enforcement i've worked as a public servant for both the municipality and the state and i know the diligence the integrity and the fairness of the public servants at the anchorage health department who have developed these regulations or these these revisions to the anchorage clean air ordinance as well as the thoughtfulness the thorough research that went into the proposed replacement 1530 ordinance i know that great care was taken to make the replacement ordinance more clear and enforceable through objective and compliance and objective compliance measures and sensible and great care was also taken to avoid regulatory overreach and uh mr croft from from my understanding of historical reading of the anchorage municipal ordinances the opacity limit applied in general to all visible emissions from [Music] from what was called uh appliances or i'm sorry um i believe i believe the term was uh structures so that would include uh any kind of building that had a smokestack so under that measure fireplaces were included but it was not specifically pointed out in the regulations not specifically identified any questions so many members thank you for your testimony so there are no questions and and i do i do urge the assembly to approve the ordinances as drafted thank you sir replacements anybody else wish to testify please come forward welcome to the meeting sir good evening my name is steve morris some of you may recognize me i worked for the city for 34 years 30 years in the air quality program and i'm very glad to see that this uh cleaner ordinance is getting revised it's it's that ordinance itself is most of its 40 years old and very antiquated um i think when the ordinance was originally drafted dec was still in its infancy the municipality had permitting responsibilities right now that that complex process of permitting um air pollution emitting sources is uh handled by dec with a relatively large staff when i was with the air quality the largest the staff ever was was five people and we could not possibly have done the monitoring the enforcement and the permitting so so that was delegated essentially to dec it's still on the books now and i'm glad to see that that is gone now so it's no longer necessary i did want to comment on the 20 opacity measure and i hate to differ with my um compadres but i think that uh it it unless things have changed in the last year there is the state does not have a 20 percent opacity requirement in general across the state that applies to wood stoves and fireplaces it in certain areas what they're called wood wood burning areas like juno and perhaps fairbanks they do have this 20 20 opacity limitation but it's not across the board limitation now uh for the entire state including anchorage so this would uh implement a 20 opacity limitation for fireplaces and wood stoves and that's really important because that in my experience as a as a enforcement person and trying to enforce uh laws we would come upon somebody that's burning uh their wood stove using wet wood belching out smoke and really is a subjective call whether we could uh whether we could uh charge them with a violation of the code and some people would say i don't want to see any smoke i don't want to smell any smoke you know it's very subjective and now there's a 20 opacity requirement that that where you have a trained person that has has to be certified every six months and it can say that that would smoke is at 25 or 15 percent and have a something that's that that stands up in court and say yes they're in violation so it's enforceable very difficult to enforce something that says you know it's it this uh could be injurious to your health or cause uh cause someone to uh you know affects their their welfare that that was that's how the current code reads now um the other component of the ordinance that i wanted to comment on were the open burning provisions and that's the s version i very full um i have full support for those changes one of the things that the current code does is it allows for a 10-day open burning period in the springtime in may when typically our dust or particulate levels are the highest already and so so this adds to the burden to the air pollution burden there's plenty of evidence that that that supports the fact that breathing wood smoke is bad for you especially if somebody's burning wet wood which would they would be in the spring you know they're cleaning up their yards and i can i have enough time to recount just one quick story i remember years ago i got a call from a woman that had a asthmatic 10 year old boy and had a neighbor that wanted to burn during the entire 10-day burn period she pleaded with me to to make them stop and i said we can't there's a there's a provision in the code that says you can burn for 10 days in the spring the mayor declares it there's nothing we can do she ended up calling me back and said we had to move or we had to go to a hotel to get away from the smoke and it just doesn't make any sense in this day and age to have a 10 open burning period for 10 days no permit no conditions to the perm to the burning you can burn wet leaves if you want uh so anyways i'm in full support of the code as it's as it's proposed good to see you again by the way thank you we got a few questions for you mr dyson sir yeah thank you uh did i hear you say that the opacity portion of this for anchorage is largely aesthetics and doesn't have uh this is it wood stoves and fireplaces and doesn't have a demonstrable impact on health no no quite the opposite the opacity measurement is grounded in research that suggests that the mass emissions is directly related to opacity and so it's a good measure of how much that wood stove or you know incinerator is polluting so it's very good it's quick and dirty obviously but it's it's a there's a very high correlation between the amount of pollution and what you can see coming out of the stack yeah if i may continue mr dyson so i lived in fairbanks and in the winter and saw what happens there because the air gets trapped there i assume here with different topography and the winds that that rarely happens in the anchor what we call the anchorage bowl is that correct well i think that fairbanks is among the worst places in the world for air pollution anchorage is not as bad but it's worse here i mean the inversion potential in anchorage is much greater than it is say in denver or you know uh montana for example i mean we have strong inversions that's that's the reason that for many years we are a carbon monoxide non-payment area so we do have very strong inversions maybe not as bad as as fairbanks but we do have very strong inversions thank you thank you mr dyson mr croft sir that was my question there are no other questions thank you sir thank you anybody else wants to testify on this side and please come forward anyone at all hearing you saying no public testimonies clothes won't switch the body i want a motion on the s version that's 2017-6 161 s that's the motion the second what's in front of us discussion from assembly members okay we've got you on the list mr wilton moved it mr peterson seconded it mr bowsky man thank you mr chair i just want to point out a couple things i know things are changing between the s version the original version but i think it's already been pointed out but i want to highlight it again for the record though we had someone from the state testify in fact in the am for the original version it specifically says there are more stringent and statewide requirements set out in the alaska administrative code so they're talking about uh specifically what we've been talking about is the opacity limit so i appreciate the last the last testifier coming in and pointing out that in fact this is more stringent but the other thing that i want to point out in typical amy fashion let me get to it is a significant part of this ordinance in the view of many constituents will be the change to the penalty and the fine schedule so for exceeding 20 opacity the fine now is going from 75 to 300. for fugitive emissions failure to take measures the fine is increasing from 75 up to 300. mr rivera can you mute your phone i don't know who's online who's online right now besides mr rivera god no it's not god i can assure you that no okay well i'll just continue um wood fire boilers installation not meeting requirements this is a new section uh with fee a penalty and the fine going from 300 to a thousand dollars so i think it's significant there's a variety of reasons why i think some of the things in here are good uh there are some things in here that i don't think i think are excessive and i won't be supporting it thank you ma'am any other comments other than mr bowsky's comments from assad members before we vote any comments mr croft thank you mr chairman i did have um that follow-up question with um our municipal people uh to just clarify i apologize for being behind it but we are adopting something broader than the state requirements and something similar to what juno and fairbanks have done is that correct on opacity of fire sources dana would you identify yourself with a record please deanne fedco deputy director with the anchorage health department mr croft through the chair yes we are proposing in s version to be more strict with our opacity standards than the state requires and i understand how juno and fairbanks have particularly severe inversion problems following up on assemblyman dyson's questions aren't ours significantly less that is why would we need to do what fairbanks and juno have done uh mr croft through the chair there are a couple of reasons as mr morris said we are looking for a standard clear way to conduct enforcement when we do have neighborhood complaints which we do receive every year right now we can only deal with that through voluntary compliance and this would give us a clear enforcement tool when we're trying to resolve those neighborhood issues related to smoke and also there are requirements with the epa to meet pm 2.5 particulate matter levels and this will assist us with that we do we have gone over the epa allowable levels we did last january so this will assist us with that as well yeah thank you and then one more question on section 150 which is the right to entry subject to section b the director may at any reasonable time and upon presentation of proper identification enter upon investigate and inspect any land building on premises where reasonable cause exists that there has been or is a violation of this chapter and then b talks about situations where a federal or state law requires an administrative warrant so unless federal or state law requires us all they all they have to do is show identification and they can they have the right to come on land mr crawford the chair i i believe that we would have to comply with laws for entry onto property normally we just are able to show our id and come in and do what we need to do but we would have to comply with uh folks letting us come onto their property mr croft i guess if we're establishing i i mean obviously i sitting here don't know when the federal or state law require a warrant or something else besides just showing id before you come on and say we think you might be in violation um and if we're going to establish our own rules i'd like to have our own rules about when we can and can't this seems to say that we can do it anytime there's just reasonable cause that there might be a violation which is a relatively loose standard i don't mean to put you on the spot but do you know the situations where federal or state law require an administrative warrant i do not know yeah i think we need to i think we need to switch to becky you're not an attorney man becky those big dollars you get from the city you're yale graduate can you help us out with this through the chair i'm looking for the the line that you referenced could you point out exactly what the the line is mr croft that you're concerned about yeah so the section is 1530 150 air pollution inspections right to entry it's on 14 of page 14 of 18 the top on the s version i believe okay did they share while it was solution inspections right to entry whilst you're searching through that i will say that one of the things that has been somewhat confusing about this particular ordinance is that we are picking up two existing chapters of municipal code and re-codifying them with a lot of cleanup so the provision that you cited is largely in the code right now so 1530.050 air pollution inspections today reads the director or dually officer authorized officer employee or representative may at a reasonable time and upon presentation of a proper search warrant where it's required by the constitution the united states or the state enter and inspect the property and premises when an air contaminant source is located or is being constructed for the purpose of ascertaining compliance so suffice to say we don't think that we are doing a material change on in the law on that provision we're sort of picking it up and putting it back down in a slightly more readable way [Music] mr croft well i'm i'm still waiting for the answer on the administrative ones but responding to mr falzi that that's true but then we expand the scope of it to say any fire with um over 20 opacity in its smoke and so you broaden now that you didn't used to be a violation and now it is so now you have the right to enter a whole bunch of other places you didn't have before mr chair if i make if you may circle back to me on this i think i mean looking at this language i i agree that there may be some confusion but i i don't read the language um stating that the director may enter upon investigate and inspect to override any existing private property rights or warrant rights this isn't a blanket doesn't give an inspector a blanket right to enter private property where the private property owner does not consent to the entry in my read of this and i think i understand that to be the core of the initial concern i agree that there may be some i'm reading it right now it seems to me so there may be some question about that when it's with this taken in concert with the um with the administrative search warrant language in the next provision but i don't read this to create a new warrant sort of warrantless search uh option sir again i i i i um don't want to put you on the spot the end but if i eliminate a and and maybe the first phrase of b and it simply states the director shall obtain an administrative search warrant authorizing inspection it seems like you either have voluntary compliance or you have this search warrant i do read a as allowing based on reasonable cause that there has been a violation to enter without consent so i i don't see the qualification there that says consent or or um anything besides reasonable cause i guess that apologize that's not a question but that's what i'm considering at least and i'd be interested in either legally or practically what the impact would be if i said you either have to have their permission or get an administrative search warrant mr croft we've got some other questions that'd be fine we can circle back thank back to you mr steele chairman thank you um i'm a little bit concerned about the standards um i'm in the process of building i have a fire pit in my backyard and uh and i i burn dry wood and so on and so forth but uh i can see with a with a barbecue where you're barbecuing uh ribs or chicken that you might have you might go over the standard with regards to to the emission um does that mean i'm subject to a fine of 1200 bucks or whatever the fine is in there expensive chickens mr steele yes i lose the chicken because it burned mr steel through the chair there are some exceptions to the opacity section and one of them is the 20 minutes that you're firing up your wood stove or your um i'm not sure barbecue is included in that but there would be a 20 minute period i'm not much of a barbecuer but you know you'd probably be done with your smoke within that 20 minute period but i i'm not sure if that if barbecues do apply and there's also um some other exceptions in the opacity section which um you know if there's it can't be more than six minutes in an hour and if it's your only heating source for your facility then there's an exception to the 20 opacity rule if i'm building a patio with a fire pit in it and i'm susceptible to that kind of fine i'm just not going to build a patio and that doesn't seem like a fair trade-off for the amount that i use it and it's just too risky behavior so what you're doing is it basically changing my planning effort and so anyway thank you thank you mr steele mr falsey that was a legacy request to speak nothing at this time thank you rebecca you're on the line you're on the list thank you mr chair i uh mr gates and i were just conferring about other uh provisions of current code which are analogous to this requirement um so two points i think the first is that i just wanted to circle back to mr croft's concern i don't think we can override existing state and federal constitutional protections uh by virtue of municipal code that's kind of my point of you no matter what we put in the code it's subject to other you know state and federal constitutional protections for private property owners so i don't think we're overriding that somehow or can even if we don't explicitly acknowledge that protection in the language of the code my second piece uh mr gates just brought to my attention i believe that the uh current that language is there's an analogous provision in current code so we are not in fact creating any kind of new uh um option whatsoever we're simply as mr falzi might have mentioned moving things around as between different portions of the code and mr gates can i think speak more specifically to that the location of that in current code mr gates i guess my uh point that i was explaining towards plutonium is uh we have comparable language in other sections of title 15. in chapter 15 20 which is about public nuisances we have subsection a and b about right of entry it's worded almost exactly the same as what's being proposed in this new uh ordinance provided entry for quality inspections so i don't see it as anything drastic or different as compared to what's in some other sections of our uh thank you mr croft okay mr wilson sir okay thanks i have a i guess a couple points one is on this uh 15 30 150 about right to entry um what what if we just deleted section a seems like it gets you the same place but it says if you need a warrant you get a warrant mr weddleton through the chair the bottom line is we're going to ask to enter on to someone's property and i don't think that that substantially would change the way we do business if that wasn't there so we could delete it and then there would be less heartburn i'm sorry so if we deleted it you'd be the same place you are now and there would be less heartburn about it correct i might make that motion um and then on the um visibilities you know the the 20 percent opacity you know i lived in fairbanks for five years in a high density smoke burning area and when we got the inversions it was miserable but you know in some places if you're way up on the hillside and you're on your three acres and you burn wood and you burn wet wood and it's smokier than it should be but no one knows is that an issue i mean then they could get in trouble you know and it's but there's no allowance for that here right i mean they could get in trouble even though it's really it's only the only people who would know is them technically that could be a violation we're probably not going to receive a complaint on that and we're complaint driven yeah okay so i might make a motion to delete 15.30.150a you know me wait whoop that's a motion and i got a second okay there's a motion to delete a 15.30.150 to delete a there's a motion this second motion mr wilton second from mr peterson mr bowsky whoever hit the button first mr wilton anything else we know i mean it appears with that gone we land in the same place it seems to have been verified that that's the case and that first paragraph seems to be the one that gives people some worries mr dice on the amendment in front of us sir negative not on this amendment okay mr denbar in the amendment in front of us yeah i i do want to speak to the amendment so me and mr croft were sidebarring a little bit and i my first reaction was exactly like john's let's just get rid of a it seems like it doesn't it seems superfluous but in reading it again now it does seem that there are actually some protections from the public for the public that go away if we remove that and just leave b so for example the director may at any reasonable time so they're restricted to reasonable times upon presentation of proper identification with reasonable cause if you take that out then in theory you don't need any of those things and there's nowhere else in the code where those protections are provided to the public now practically speaking you know i i believe that one of our missile employees is going to do it at a reasonable time with identification with reasonable cause if they didn't it would be bad form but i don't see any other place in here that protects the public so i wonder if we um in the name of property rights will sort of have a perverse reverse effect by legally at least freeing the hands of our inspectors thank you dead bar mr uh will intend to respond sir well i i had assumed that you needed reasonable cause to get a warrant but i'm not an attorney well but there are times when i i should really refer to uh pearson and mr falzie or perhaps the professionals at the um the relevant department about this but there are times when you at least request to enter a premises without a warrant and i think that's what this is getting at i doubt that they get a warrant every single time they do an enforcement action in fact i would imagine it's probably pretty rare that you get a warrant and again this is not a criminal matter i think it's also really important to we're going to be talking about that more with the drone ordinance but there are many times where our code enforcement officers do things that the police might be forbidden to do without a warrant because it's not a criminal matter um so i i i'd like to hear more from the administration on that thank you mr buskie on the amendment in front of security of section a yes i want to make it a little succinct i think i was going where mr dunbar was going um through the chair to um our municipal attorney i would like to know where else there's got to be a place where else in municipal law are do we discuss municipal employees going on to somebody's property and would that be covered somewhere else [Music] because i'm thinking of property appraisal i'm thinking of code enforcement there's a lot of times when the municipality engages with property owners and i know they can't just because it doesn't say it they just can't carb launch come on in and cop a squat you know what i'm saying certainly i know what you're saying um so two things first to mr dunbar's point and that was why i had placed myself in the queue because i do think that if you simply cart blanche delete uh subsection a you take away protections for landowners who may where warren may not be required because for instance a landowner consents and says sure come on in and inspect in which case you still are provided these protections under under subsection a that you will receive that you will be able to view identification from the inspector who has arrived at your property and that they will arrive at a reasonable time over and above that you then have the protection provided in b that where a warrant is required they will come with a warrant so i think there are layers here that are worth preserving um to the to the question of where else we have this in code i know mr gates just pointed out other sections in within title 15 where we have the same structure built in that says basically the same thing uh if there's a warrant required then we'll bring a warrant if there is and there's the base level protection of identification and a reasonable hour of visitation i don't know if that's exactly true in every other analogous situation in code other titles as well i could certainly do more exhaustive search if we want to look at every other comparable item but my understanding is this is a structure that we have replicated more or less in the same form elsewhere in code as well thank you anything else mrs dembowski no sir mr dyson say anything sir yes thank you this discussion has been interesting and i think very valuable my recommendation would be the maker of this amendment withdraw and we postpone for a couple of weeks because there's some significant issues here and we will many times have to rank triage if you will on rights and the right to entry uh is significant one i worry about things like this being misused somebody that doesn't like their neighbor is uh very calling in the complaints and so on i think wisdom would be to postpone and chew on this fund some more i think some very good points have been brought up tonight for what it's worth sir thank you sir mr croft on mr wilton's amendment um yeah i i i think the the just a limiting a though i talked about that um and um before as a possible proposal i think mr dunbar may be right and what i think is a preferable is we say and with the permission or consent of the landowner in that phrase somewhere i would have it right after proper identification so you say the director made any time at any reasonable time your point upon presentation of proper identification and with the permission of the landowner enter and um so i think probably mr dyson's proposal is the best one unless there's a specific reason this is going to get us in trouble by delaying two or three weeks um i'd like to get that right and i did look and of course um this one person and mr gates are correct it's a it's almost i think identical language i can't see any difference but anyway very very similar identical language in our nuisance um sections and if we can't if we either can't get the permission of the landowner to do it or can't articulate in some way why this is appropriate administrative search warrant we we shouldn't we probably shouldn't be traipsing around people's land we if we don't have either one their consent or some description that is adequate and and i i think the the testimony here was that most of the time they're with consent they show their id they say what they're doing people say fine if they're not we ought to be able to show why we we need to get on their land so i i think delaying it for that and it may lead us to a whole bunch of areas of of our code that we'd like to clarify uh as well okay i want to keep the comments and questioning just to the amendment before we go off and with other amendments mr uh wilson sir uh yeah mr wilson you know i i'm okay with doing what mr dyson recommended there is withdrawn i think we're this is i was gonna make the motion to postpone but uh you know it just we're making sausage right mr croft postpone consideration this man until our meeting of february 27th second motion in front of us to postpone accidents our meeting of february what 27 27th mr wilton i i support that and i guess my points now i've kind of beat on other sections of this thing for over a month now but i think the wording on this 15.3 0.150 and then as we look at it consider the rules for wood stoves i mean i i don't think it's a bad rule but some places it simply won't matter where there aren't many wood stoves or it's not going to make a real smoke problem if it's windy and look at that section so question is how will we um how will we do this we'll go to a committee or i think we might but let's let's get through this portion mr dunbar on the issue of postponement to the 27th yeah so i was going to make a suggestion going to what mr welton just said i think we should have a work session on this um unfortunately i as as the chair knows i will be gone for nine days with the national guard so i might be assigning you guys work that i won't be able to participate in um but i do think a work session for this ordinance is in order to be honest i'm a little bit surprised we didn't do one before um i saw this on the agenda and i must have missed that one as well so i apologize um i've been absent quite a bit this month thank you mr constant on the amendment sorry on the motion to postpone the 27th you know the concern that comes to mind i've been hearing about chickens and neighbors and uh the fact is that there there are quite possible neighbors who will use a tool like this punitively to punish their neighbors because they don't like them even if they're a couple lots away or not so far away because we're hearing that's happening in the city so i think careful consideration this is in order okay please vote in the issue in front of us for being vote to postpone mr rivera yeah and i'm going to set up a work session on this okay i've got lisa working on it i must postpone to our meeting on the 27th next time in front of us is item 13e i have 13 years resolution error 2017-397 resolution approving administrative agreement p and p f a a number zero one seven dash zero two between the spelling of anchorage alaska parmesan pipe fitters local 367 regarding types of additional work assignments as crude as crew leader from employee relations public carrying this item is now open and maybe we should testify please come forward csm curry for the record anyone at all second discussion from assembly members okay let's vote mr averier first mr croft do you want to vote on this item sir good it's approved thank you next time in front of us is that going to be will be item 13 f as soon as the screen changes there resolution are 2018-7 a resolution of this penalty bankruptcy appropriating 315 000 as a grant from the department of military and veterans affairs division of homeland security emergency management and a contribution of six thousand nine hundred and thirty dollars from anchorage metropolitan police service area thank you public hearing this item is now open anybody wish to testify please come forward it's jason curry for the record despite your last name and tell us about time you live in anyone at all hearing and saying no and pop testimonies close to what's the best move to approve second discussion from assembly members okay we'll vote on it felix you're first yeah please vote items approved nine to nothing next time in front of us is going to be 13 g there resolution error 2018-16 the resolution of the accessible assembly appropriating two hundred forty one thousand seven hundred seventy four dollars as a grant from u.s department of justice office of justice programs office of juvenile justice and delicacy prevention wave reading and thank you public hearing on this item is now open they may we should testify please come forward state your name clearly for the records by your last name anyone in law hearing and saying no and pub testimonies close to what social body second well consecutive discussion from assembly members saying none mr avery you're first please vote sir yeah please vote mr mouseke man we need your vote that's approved about the body next time segment friends item 13 h resolution error 2018-8 the resolution of this penalty of anchorage appropriating a grant in the amount of 109 227 dollars from the state of alaska department of education early development divisional libraries archives and museums okay thank you public hearing now on the side of miss now open the baby chestway please come forward station pray for the record spread your last name if you would please anyone in law hearing and saying on public service close watch the wish of the body move to approve moving the second discussion from assembly members if not please vote felix you're first yeah please vote [Applause] that's approved by the body next time in france will be 13i 13 nights resolution they are 2018-10 a resolution of the support of anchorage appropriating 350 000 to the state direct federal pass-through grants fund two three one nine zero zero is a transfer response agreement thank you public hearing on this item is now open anyway we should test why please come forward state same crew for the record spread your last name if you would please hearing and saying no one public testimony the body's closed what's the wish of the body move to approve second okay discussion from assembly members not seeing any mr very referred sir yeah please vote [Applause] that is approved what was ten to zero next time in france is going to be 13j i'm 13 day j's resolution are 2018-9 a resolution of the mesopotamia of anchorage appropriating the sum of 214 778 from state of alaska department of health and social services grant the state direct slash federal pastor grants fund two three one nine zero zero for the provision of medicaid counseling services public hearing this item is open and maybe we should test why please come forward state jam clearing for the records by your last name and chelsea about john you're living harry and say no one public touched my exposure let's switch to the body of proof second discussion from assembly members say none mr your first place yeah okay please vote mr denmark needs you to vote sir [Music] okay there's approved by the body next step in front of us is item 14k 13k there resolution error 2018-17 a resolution on this penalty of anchorage appropriating 285 823.17 100 from state of alaska department of transportation public facilities to the state direct federal pastor grants fund 231 for the air quality public and business awareness education campaign public hearing on this item is now open and may wish to test why please come forward champion for the record spread your last statement tell us about january herring's saying no one probably testifies close what's the wish of the body for the second second okay move by mr wilton second by ms dabowski oh there we are mr walton moving in mr constant second discussion from assembly members okay we'll vote on this one mr very your first sir yes [Applause] that's approved in nine to one next time in front of us it's going to be 13 l item 13 l is resolution air 2018-20 a resolution on this penalty banker is appropriating and adopting the 2017 supplemental emergency solutions grant esg of the 133 384 and the 2013 substantial amendment number for 2015 non-substantial amendment number one 2016 substantial amendment number three and 2017 substantial amendment number one to the federal grant fund two four one zero zero on uh on the housing community development years of 2013 2015 2016-2017 hud action plans for the department of health and human services public hearing on this item is now open and the baby wishes just why please come forward state jim carrey for the record spread your last name and tell us our journey living hearing you say no one public testimony is called so we'll switch to the body we need a second moved and seconded okay mr peterson seconded by mr dunbar as soon as you push this button mr dunbar did you push your button there you go okay discussion from assembly members mr chair who okay mr dunbar are you i just wanted mr rivera would like to speak okay mr rivera thank you mr chair just a really brief comment um i'm really happy to see that uh money they're being set aside in the hud action plan for rental assistance and especially security deposits um as frontline staff from the mayor's office this was a huge issue um on a regular basis i would have folks experiencing homelessness come to the office and the number one issue that they would bring up is that they are in line for a place that they can't get uh in because they don't have money for the security deposit and as the chair of the committee on homelessness i hear this concern from our agency partners all the time so i'm glad to see it in the plan and we need more of it that's it thank you mr chair thanks rivera mr constance sir yeah that's curious your comment about rental assistance i didn't grasp that from this ordinance but i would appreciate from either um melinda or from nancy and maybe at the homeless committee coming up or sometime in the near future report on status of acmhs seems like we're they're kind of bleeding money we're taking money from them and i would love to know what the story is i don't need it now but um it would be good to have a report thank you i think our next meeting is i think on the 21st it should be a good time to get you that answer no i think uh felix wouldn't you say the next meeting with homelessness was uh yes the next committee on homelessness is next wednesday the 21st that i can get that answer to you mr constant okay other comments from assembly members if not we're going to vote on this one mr rover your first sir yeah please vote that's approved nine to nothing next one in front of us is going to be item 13 m item 13 name is resolutionary 2018-11 resolution of municipality of anchorage appropriating 2 million 300 000 from the 2018 equipment maintenance internal service operating fund to 601 unrestricted net assets account to the 2018 equipment maintenance internal service capital fund 606 to the purchase replacement vehicles and equipment all within the maintenance and operations department public hearing assignment is now open they may wish to testify please come forward say hm curry for the record spare your last name if you would please hearing and saying no one pup testimony is closed vote so what shall by motion this second moved on mr constant second by mr peterson discussion from assembly members say none mr vera you're first yet please vote that is approved eight to one next time in front of us is going to be item 14a mr chair sir i would like to ask for just a brief five minute break quick bathroom before we dive into that item it's pretty big and i got some items i'm working on with uh assembly council on it just do a quick fine would you like six minutes five or six is fine yeah just quick thank you done so please thank you mr dunbar sir if i can get a motion from you to change your order today take how about him 14 8 at the bottom of 14. sure i moved to change the other day to take up item 14a after item 14e is there a second is any objection mr rivera do you object sir agree i agree not seeking an objection madam clerk we've done that we've now changed the agenda 14 able come up with the end of 14 eight so next time in front of should be 14b if you bring it up on the screen 14b man i can read it if you don't bring it on the screen okay item 14b yarns is ordinance a 2018-7 ordinance authorizing retention of two tax foreclosed partials for public services public services purposes from the real estate department public hearing this item is now open and we wish to test why please come forward chm curry for the record spread your last name and tell us our proud time to live in welcome meeting sir thank you mr chairman uh joe meehan m-e-e-h-a-n i am the lands and program coordinator refuge program coordinator for the alaska department of fish and game and i just wanted to briefly comment on the potter marsh parcel which is one of the two in this ordinance i just wanted to impress upon the body that this is an important parcel it's within the boundaries of the anchorage coastal wildlife refuge uh provides important habitat to waterfowl moose spawning salmon on this parcel and if the parcel is retained by municipality and the agreement with the municipality is amended to allow us to manage this parcel as part of the anchorage coastal wildlife refuge we will do that for the purposes of fish and wildlife and public uses and other than that i'd be happy to answer any questions if thank you questions from assembly members don't appear to be any thank you sir for your testimony anybody else wish mr wilson sir was it for him well it was briefly i just wanted to know how many cars he's dragged out of the inlet but mr wilson through the chair at the kincaid vehicle dump below the ken k motocross track we've pulled out approximately 100 vehicles of the perhaps two to three thousand that have been buried there over the decades thanks claim to fame it's true how many of those yours mr welton none i didn't learn how to drive tires 24 and i would well that's the problem you didn't know how to know that the cars were going off the cliff that's why there's five there how many motorcycles did you bury how many comic books are there thank you sir anybody else have any anybody else wish to find this item nonsense public hearing is closed on this item what's the wish of the body move to approve second moved in second different any discussion on this item by the way mr mayor please vote first yeah okay please vote mr mr dyson need your vote sir that's approved welcome back ma'am next time your friends will be item 14c in 14 c is ordinance yo 2018-8 an ordinance authorizing the sale of properties for clothes for delinquent taxes and or special assessments real estate department there's company assembly miranda am 57-2018 public hearing assignments to open they may wish to test why please come forward see hdm curry for the record spell your last name if you would please anyone at all hurricane's saying no one public testimony is close to what switch to body move to approve second moved and seconded the button won't let me press discussion from assemblymembers i could say a few words if it don't mr wilton i you know there's a couple on here that i sure hope sell because they're blights in my neighborhood and i know there are people interested in buying them thank you you mr widdleson any other comments from assembly members okay another comments will vote on them mr chair um speaking of the flights i don't know if they're on this map exactly i did have the luxury to check in with the legal department on that spend love kind of dump one of those properties i think it's in here and a report back from the staff was that it's in progress and by next month there should be a review of their finances to get that project moving forward to the next step so fyi well you know we never liked taking people's property but sometimes this process spurs them on to get it taken care of so we don't have to so let's vote on this item mr very you're first yeah please vote that's approved eleven nothing next time in first would be adam 14d under 14 days resolution air 2018 there's 26 revolution municipality of anchorage appropriating 941 500 from the convention center capital reserve fund 202030 fund balance within the convention center capital reserve fund 202.030 as a contribution and appropriating said contribution to the areawide general cip fund 401 capital 800 public hearing this item is now open they wish to testify please come forward champion for the record spread your last name if you would please here you can see known as closed moved in second discussion from assemblymembers okay the vote on this one mr verrier first yes please vote that has approved eleven nothing next time in front of us will be item 4 14e and 14e is resolution error 2018-27 resolution resolution of the accessible assembly approving a marijuana license a special land use permit for black bear enterprises lsa and marijuana cultivation facility with license number m14073 doing business as black bear nursery and located at 6209 mike street suite 2c techo campbell community council case number 2018-0011 mr clerk's office supplying department public hearing assignments to open you should chest right please come forward say i'm current for the record spread your last name if you would please anyone at all hearing and singing no one published much closer what switch to the body second mr wilson uh this was committee sure this was reviewed very carefully by the community and economic development committee last thursday and the committee recommended approval with one person objecting and i hope she speaks to it thank you mr wilton other comments from assembly members okay we're going to vote on this item mr verrier first yet please vote vote was ten to one we're now going back to item 14a do we have a f we have an f what we have an f actually yep we do have enough and i would be i'm waiting for a document from mr gates i don't know if it's prepared for f for f so we could take it up now or after the drones sorry it's being uh printed and copied as we speak thank you so maybe we'll wait on f just take up the drones then we'll get back to f bring up a on the screen if you would please i'll read it over item 14a uh is item 2018-5 ordinance to protect the privacy of the people of anchorage and establish parameters for the use of uas drones by municipality bankers public hearing on them public hearing on the side of us now open anybody wish to toast right please come forward stage jam crew for the record spread your last name and tell us our time to live in if you would please anyone at all harry and say no one pop touched my clothes let's switch to the body move to a proof second mr dunbar sir so i apologize to my colleagues to the public i'm feeling a little under under the weather tonight uh but i'll try to keep this relatively brief uh we received a presentation from the anchorage police department a number of weeks ago pursuant to a policy they had established which they were required to establish under state law in order to use unmanned unmanned aerial system aircraft systems sorry or drones and i'm going to call them drones from this point forward during that discussion it became clear that from my perspective at least i thought the apd had done a good job of creating a policy uh that limited the use to things like search and rescue certain tactical situations investigating accident scenes that kind of thing um because it's clear that these are very useful instruments at the same time i wasn't really comfortable having it just in policy i wanted to see something actually in code as an ordinance while i have a lot of trust and respect for the current leadership of the police department and municipality those things aren't permanent and you never know what could happen in the future and so i wanted something in code that would be a little bit more difficult to change however so mr sherwood helped me draft this and we worked with captain vandergriff at the anchorage police department and we created something i think is a little more restrictive than the police department would prefer but largely mirrors their own policy and there are a couple of amendments here i have one mr weddleton has another we had a work session in which an s version was sort of discussed and ultimately not proposed that would have been more restrictive on the police department i i think that this strikes a good balance of allowing them to use drones in situations where they are useful while simultaneous simultaneously protecting the privacy rights of alaskans which as we all know are precious and not only that but actually more uh we are one of only five states in the union that has an explicit privacy uh uh provision in our state constitution uh our privacy rights are more extensive in alaska than in most other states of the union and i think this ordinance helps to uh acknowledge that so with that i urge approval you make your motion sure so i will propose dunbar amendment number one let's see i'm sorry i seem to have misplaced it uh it's it's a technical amendment requested thank you uh requested by mr gates uh and he he drafted it to help sort of second thank you to help uh situate a little better in our code mr gates would you be willing to speak to it um you know uh mr sherwood when he started drafting this asked me where it would fit i recommended the checkplace he chose oh we just didn't have a chapter and section of deviation so our code is organized in titles chapters and sections so uh the current version just has a chapter new sections to it so all that this does is say this is a new chapter and this is the first section in this new chapter thank you mr yates i have nothing further okay comments from assembly members mr dunbar's amendment okay and then we'll vote on it mr barrier first yeah please vote on mr dunbar's amendment number one [Applause] that's approved eleven to nothing mr wilton sir i'd like to move weddleton amendment number one second mr wilson okay this amendment and i will read it delete the current section 1 page 2 lines 40-43 and replaces them with the following section b no later than june 1st of each year the mayor or a designee shall transmit to the assembly and cause to be publicly posted on the municipal website a report with all of the following information one for each municipal department and agency that used a uas in the preceding calendar year a the number of instances in which a uas was used b a general description of the type and purpose of each use that sufficiently explains how the use was not prohibited by this section and if applicable whether the use was pursuant to a search warrant a court order or a judicially recognized exception to the warrant requirement and see any new policy or change in department or agency policy related to the use of uas and two the annual report from the anchorage police department shall also include a the number of arrests made where uas was utilized in a related incident response or investigation regardless of whether the information gathered from the uas was used to establish probable cause uh this um well we started this ordinance thinking about apd's use of drones it actually applies to all departments in the municipality so a report required the reporting requirement that was in here is just clarified to apply to all departments and we broke out the special criteria additional um piece for the anchorage police department regarding the arrests because that clearly doesn't make sense for other departments thank you mr whittleton uh mr constance sir on the windows 10 amendment yeah thank you i'm on b2a i'm just verifying after the word incident is there intended to be a response or as instant response of phrase mr gates we all saw this week what lacking of karma can do or maybe mr mccoy's is incident response to term of art and policing chief mcqueen hello chief hello good evening uh through the chair uh mr constant so instant response is a term that we would use uh for an incident uh and investigation could be ongoing into uh investigation so we use both mr cost anything else no thank you okay i have a question for the sister sorry mr dyson i don't want you to have to do much work to satisfy our reporting requirements am i right in assuming that you'd have virtually all the information miss what wellston is asking for through the chair uh mr tyson uh yes we we will be able to track that information uh with relative ease um our policy already establishes that whenever we utilize the drone we will document each instance and if it's related to a investigation there'll be a subsequent police report with it so when it's time to report we'll be able to retrieve that data with relative ease thank you for the record he said yes thank you mr dyson thank you he brills it down boils it down to eagle river yes no so it's appreciated uh mr dunbar thank you mr train can would you hand me your amendment for a second sure sorry i gotta have misplaced mine so i just wanna be clear what we're doing here this would also completely delete the existing section b correct that's correct okay i just wanted to make sure i i see it there but it doesn't it's not broken out in the amendment itself it's right at the bottom i mean you put the new stuff first and then there's all right okay thank you mr reynoldson thank you mr wilson you're next in the queue i'd just like to clarify mr dyson brought up a good point i did send this to apd and had them review it beforehand hey other comments from assembly members we revolt on the amendment and let's vote on this amendment mr very you're next yeah okay please vote mr hill mr constance mr constant we need your vote sir system may not work well but we do know if you vote or not that's approved by the body my thanks mr dunbar for your work in getting this done i think it's something we need to have for this town i appreciate the effort that's gone into crafting a workable document thank you any other comments from the seminars before we vote on the mended document in front of us mr barrier first yes please vote hold on we have to circle for a minute we ready okay mr rivera we need you to vote again yes okay please vote everybody in okay that's approved inanimately by the body now we're going to go back and pick up item 14f mr constant i am 14f was yours so i'm happy to move to approve wait we have a first we have a public hearing yeah that helps yeah so what i have because i don't know if it should be now or after is an aim i think it should probably be after the public hearing okay so the document in front of us item 14f is ao2018-9 and this is ao20 2018-9 an ordinance approving acquisition of real property legally described as lot one and two block 27a east edition subdivision pid 003-073-07 and 003-073-09 for a purchase price not to exceed 750 000 plus closing costs public hearing this item is not open they may we should testify please come forward safe clear for the record spread your last names wood please hello good evening again uh ronald leyva name hasn't changed spelling a l a-l-l-e-v-a i'm here tonight as one of the property owners of this parcel and what i'd like to explain is there's complications to this purchase first of all the appraisal three years ago was 900 000 that was an mlp appraisal and according to mr starr and mr evans they put away 1.2 million for the purchase of my property where that money went i don't know but it's floating out there then the second thing is my 2018 assessment which is 835 000. that's current assessment and that assessment is based on appeals that due to the stigma of the brother francis shelter and beans they lowered my other parcel by a total of all parcels of almost eight hundred thousand dollars okay and that leaves us with the offer at 7.50 but that offer waivers a lawsuit that they did not take care and due diligence of the property and they cut down all my trees because of the homeless situation and then i sued them only because i always talk about playing with the same deck of cards and i was evicted in court from having my trailers on the heritage land bank property so if you're going to sue me take me to court i'm going to sue you take you to court and you can pay for my trees same deck of cards well those trees were worth 20 000 i offered to settle for five but with the summary judgment and the mental anguish that was caused i would get more so the actual price including the remaining lease of 50 000 in rent if i was to close that i'd lose it now there's problems with that for the municipality first you may sell it and i already alluded to the book value the purchase value and then the appraised value because if you're going to act in the best interest of the city you want to sell it for appraisal and you want to buy it allegedly for this low price but if you do that for my properties that would be a comparable and we're in negotiations for the other parcel that i have that's been appraised at 1.6 million i think falsely because the assessment was reduced by the brother francis shelter and being stigma if you can cure the stigma my appraisal goes up 800 000. so if i accept this 750 and the assessment goes in and it's a comparable to my other properties i stand to lose about a million dollars now miss dembowski you're a number cruncher so your time is up that's all right just digest the numbers is this good for the city is this good for me and i went to the chamber meeting on homelessness and i put in a question is anyone out there by a show of hands wants a homeless shelter next to their business i can't ask you the question of who raised their hands but mr farsely was there and someone else who didn't raise their hand known as the homeless coordinator so those homeless shelters aren't going anywhere you need this property you have to pay the same decision questions for you fire away nick mr constance first thank you ron i was able to find an appraisal just about 700 000 in 2015. do you have a copy of the appraisal at 900. i believe uh robin ward will have a copy it came in at 900 000. and the the guy right above me purchased that property uh for a lower price but as the east acreage donald town development says hey it's going up including kids kitchen that was 1.2 million dollar purchase so land values are going up and without the stigma within two blocks of this property step brothers has a lot that's assessed at twenty five dollars a square foot this is the lowest assessed land in the in the city and it's that way because you by state law you need a comparable the comparable is out on lake otis on a dead-end road with landlocked swamp property that's how low this is assessed due to that shelter and beans so you have some economic forces acting here that can be cured you close that shelter in beans and bonanza for me and for the economy of anchorage and if you buy that at this price consider everyone lowering their assistance assessments that's like taking the property off the tax rolls long term you're better off paying me the appraised price no thank you that i just would love to see a copy of the 900 000 appraisal because i was only able to find one for 700 and that bolsters further some arguments thank you mr wilson's got a question mr whittleton well i have one but a comment on that it didn't um mr constant we have your am and handed out with that was this appraisal by mcswain that says 900 000. am i confused i thought it came from you i don't see the nine hundred thousand i only saw the cylinder i'm sorry i was doing this work at the last minute because it just landed on my desk look on the back of the first page of four p.m what you provided so there's your nine hundred thousand um mr um oliva have you agreed to sell it for 750 no that's just a letter of intent you know the thing about the municipality there's and mr uh constant can confirm this i've been a broker for 40 years there's an offer consideration acceptance and delivery the city hasn't made me any consideration there's no earnest money it's all just eight let's get a meeting of the mines paraphrasing mr dyson that's a no that's a new okay hey i don't see any uranus money i don't see any consideration and the only thing they could get me on is my sanity and i've had that proven recently that i am seen mr dice that's the question mr dyson yeah i think my question is inappropriate this time i withdraw thank you sir mr dunbar sir well i guess i'm sort of echoing mr weddleton this is partly a question partly a more of a comment uh we right now we're authorizing municipality to make an offer of 750 000 but this isn't we're not using eminent domain or anything like that you know you're free to reject reject this offer right so i i'm sort of confused by why we're having this conversation either we're going to propose this and then you can choose to accept it or not i think we hope that you do um but why why would we not approve that oh no i just see you guys giving all money to the homeless coordinator a half a million but that's eight thousand a month wrong that's not gonna give me more money tonight but why would save the city money by giving me money because the alternative is for me to sue the city on inverse on condemnation the difference between market value and the stigma that you guys have voted to place on those properties and and i'm willing to go to court on that no i think i'll save further discussion for discussion thank you mr friends man thank you mr chair um mr oliva just a quick question what amount are you asking for well appraisal would be fine or above appraisal be great okay because of the what you have done in your voting there's i told you earlier there's no resolve for me with any of the 8 000 calls and last year they were at 7200 mid august now you have a police force and security guards that's a little bit too late the damage has been done upstairs you converted me to a man i didn't want to become any other question mr france mr liba thank you very much another questions are you sure dick i think so oh i know anybody else wish to testify in this item please come forward oh you're in trouble you ready my name is annette aleva ron it's my husband i have only appeared once before this body i believe you brought in some plastic bottles to show you something of what we have lived with the past 30 years if i had a dollar for every time this subject came up in my family at our dinner table in our bedroom in the morning and at night i could i could just say hell with that i don't need the 750 000 because you gave me a dollar every time the subject came up i have lived and breathed this i just got here late because i was over at my church i'm a good catholic i go to saint anthony's catholic church i'm well versed in social justice the issues of the homeless i'm well versed in all of that and that also has been a point of contention as you said as he said this has changed him our family but this property all of our property is our it's our retirement we've been hard working since we came to alaska 37 years ago we raised our family here my daughter's here with me my other daughter's parking her car and i hope they will say something this figure is somewhat of an insult three years ago the property was valued i don't know the exact dollar amount but because of what has happened in the area the numbers gone down now you're offering us even less than its assessed value the difference this chump change was a day of not snow plowing and we didn't have a whole lot of snow this year and there's been millions of dollars that have been diverted from snow plowing for other projects in years past i don't think it's excessive for us to ask appraisal three years ago what it was worth because i i don't know if you mentioned i missed this testimony he asked the chamber you know who's willing to have this what we've had next to our business next to theirs not one person raise their hands so i'm asking you to put aside the platitudes about helping the homeless or however you see this and i'm not just in disagreement with what needs to be done but this is wrong and we'll fight we stick together we're a family despite this for the last 30 something years we're still together we're still married our kids are still with us for the most part they too were raised in this not just in the environment but with this conversation being part of our dinner table every single day there hasn't been a day that's passed unless he was out of town or i was that this doesn't come up i don't know what else to say to you i don't know if you have any questions i don't even know where i am on my time but um you got 30 seconds you're better than your husband he'd still be up to his first win true and and i know that you've heard this all before but but maybe you haven't heard the full story and this is why i came this is important to me i i'm a busy person i'm i'm invested heavily in my community in in my church in my family in our business and this is it seems like chump change as i said are you gonna when when the municipality set if the municipality sells the utility is the price gonna go up what are you gonna value it at that's what you should pay us thank you ma'am ma'am we gotta thank the audience don't worry about them uh we got a question down here for you man so you mentioned your business but that's not all that's going on there right no can you tell us a little bit about kind of that part of the story we lived in the property i raised my children on the on the lower lot 940 east first avenue within a stone's throw the brother francis shelter we can tell you stories about our vehicles parked out in front and homeless people getting into them coming to our doors at night listening to the the screams in the woods across the old native hospital calling in fires it's this has been going on for years and has gotten exponentially worse in the past three years we didn't we no longer lived there but we still are invested my son lives down in our building because we cannot sell it because there are no buyers other than the municipality of anchorage you've created the situation and we are only asking what's fair what's what's reputable what's moral and the moral grandstanding oh the must come first yeah catholic church talks about the preferential option for the poor i know all about it but we're not wealthy people and we're not asking for anything unreasonable we're asking you to be fair with us and to and and to make us whole i don't know if that can ever happen but don't insult us don't make us any less than whole you can't do that less than whole isn't right i don't know any other questions no no other questions thank you ma'am thank you anybody else wish to find this item please come forward welcome to the meeting hi hi my name is jasmine oliva i'm ron ronna annette's daughter i wrote something a while ago but i fear um goes over the time limit which is three minutes correct okay well i'll read as much as i can and um hopefully he'll let me go longer it doesn't seem like there are too many people here i'm not as eloquent as my parents so i wrote this down the first time i heard the screams of a woman being raped i was nine it was the early war morning her whales crept through the double paint window of an upstairs room i shared with my younger sister who was seven i woke up my dad with his six foot one 220 pound frame he peeled himself from bed to calm his young daughters lace up his shoes and walk the hill to where his business was which is across the street from the heard rape he called the police the woman was drunk the man was who was raping her was drunk she didn't remember giving consent or even if she had nothing could be done and this was the beginning that same year i did the good friday holy walk with my mom a cold spring day filled with a song with songs in prayer feeling the weight of the steps jesus had taken to his faith we started at the brother francis shelter i had been there before when i was younger to drop off banana bread from with my mom who had made the banana bread for beans cafe were good catholics i never imagined that my life would be this way i never thought that the first screams of that first rape would have a lasting impression and effect on my life but they have too often i have to look at the neighborhood i grew up in through tear blurred vision it's gotten so out of control the trash heaps of good intentions taken advantage of the bike tires strewn across fences the needle-laden sidewalks traversed by those contributing to an over-growing problem this breaks my heart fairview wasn't this bad i had a good childhood with amazing parents and the peace of mind to walk down the street to get a burrito from oscar's taco grande now i walk my car doors like i'm sure many of you do and take extra detours to avoid an area i used to love so dearly this is the same place where i learned how to ride a bike where i raised rabbits and where i read the lord of the flies the summer before high school sitting in the middle of a driveway that is now blocked permanently due to the theft that has occurred over the past few years the inundation of social services to one part of anchorage has created an overwhelming and frightening problem this has compromised the safety and well-being of a neighborhood its businesses and residents a neighborhood like the one i live in now with hardworking people who only have the best intentions and only want the best for themselves their families and the people around them this is where it gets lost with people this is where it gets lost with you the people who live in fairview are still people and their constant cries for help are ignored my father is ronaleva and my mother is the netherleyva for the past 30 years they have built a business from the ground up in the industrial district of anchorage in an article published by alaska dispatch this area area of town was called the homeless district it was the first time do you want me to stop or may keep reading when i ask you can you finish your testimony yeah it was the first time i had ever seen it called that and i hope the term does not carry every day i wake up i'm scared my father will lose his life by going to work he's not in the military he's not a police officer he doesn't even work with live wires he's an auctioneer i stopped visiting him at work after a hypodermic needle went through the flip-flop i was wearing barely missing my toes but i look back fondly on the memories i have made there things like watching him take off his shoes he was wearing to give them to a man who stumbled onto the lot barefoot like the compassion he shows his employees even if after they have fallen off the wagon time and time again or different memories like sledding down the hills that connected his properties or picking raspberry bushes at the end of the summer my dad's here is peppered now as you can see the strength of being a voice for fairview has taken a toll on his body my mom's face the good catholic that she is has been shaken her relationships especially with my father strained i lost my spot and my siblings share the same fear i do my family moved out of my childhood home when i was away at my first year of college they deemed it too unsafe a lock hangs on the gate my younger sister and i used to push out of the way to make chalk drawings for our parents on their anniversary by our last years there the screaming from the woods became a nightly occurrence my father had a gun pulled on him and the chickens which have been brought up here chickens clucking that we had brought home from school were killed by a group of homeless people our dog had rolled in enough human feces left on our property to fully spend two bulk-sized bottles of dawn and when my younger sister was learning to drive she had excitingly gotten into the front seat of my brother's jeep only to be surprised by a homeless man sleeping in the back he apologized profusely but we were spent my dad still makes the drive down there every day my mom follows a few hours later and how could they not that's their legacy two kids out of the impoverished midwest both catholic raised and humble moved to alaska on a dream they raised five kids and built an honest business in fairview they are not nimbies compassion is not lost with them please listen to what they have to say they have to live it you just have to listen the first time i heard a woman being raped i was nine that was the beginning those screams would shake me out of my sleep years later now when i'm 24. i didn't think it would be like this but i hope we're nearing the end thank you ma'am thank you mr croft anything else sir thank you man for your testimony anybody else wish to testify please come forward welcome mr potter yes my name is tim potter for the record i live in uh college village assemblyman trainee is my representative along with uh mr rivera um i made a commitment to a gentleman over there who i will go on the record and say is most you know he's not his best advocate um clearly some days he's an absolute pain in the ass but i did make a commitment to him that if in fact this ever went to court from a valuation standpoint that he would not have to subpoena me i would gladly appear and testify in his favor and benefit as to the valuation question and i mean the discussion that was just held blue way um i i know quite a bit about what the circumstances have been um i've even gotten approvals for projects that mr leyva protested um as the uh the carlock manor the red-nosed and um we've shared milkshakes which we haven't done for a while at the lucky wishbone but the reality of the situation is it is really a land in a land use question and there have been operating conditional uses adjacent to the lava's property which in my opinion and i would clearly testify in court that they have not been operated as compatible uses with the surrounding neighborhood and knowingly i believe the city has allowed these things to occur maybe not in collusion to try and drive the price down but without question the result has been that the property has been devalued i believe your assessment records settlements as far as assessments and taxes because of the the climate of the area and impacts i don't know that anyone here in the room could argue that that property has been diminished in value and if it were not for the incompatible conditional uses adjacent the property would be valued more and i'm not suggesting that i have the answer but i want as as a citizen of the city to believe that the lawmakers the decision makers here operate in a fair manner don't let the fact that ron's a pain in the ass get in the way of being absolutely fair and giving full consideration to the longer story of what the impacts have been and that in fact the property has been valued with that i'd be happy to answer any question question from assembly members departed there are no questions for you yeah i have one i just the button won't press oh your button was stuck yep thank you mr constant miss potter do you and your kind of maybe very lengthy history of land use in anchorage know of any other land use scenarios where someone has been harmed in this way by a city decision-making process over 20 to 30 years i don't know that i can come up with as good of one but there have been a few where there's been um properties and you've had to deal with at least one or two of them where the properties have been uh someone has passed away in the family and a lot of junk debris and other people have come and prayed on the property and their and the surrounding properties and impacted the value and because the city typically only responds to complaints for enforcement for junk vehicles garbage on property violations of the code unless someone complains and complains and complains there is quite often not a response and the property owner is adjacent to that because the enforcement action is not taken and implemented fully in a timely fashion the properties around the offensive property do be become impacted so mr chair just quick reframing then so really what i hear is although it's happened at some scale you don't know of any like this and in fact tonight we've heard testimony that there are some 6 000 calls a year which are calls for either code enforcement or law enforcement a complaint about hey something's not right here is that kind of fair assessment in your opinion um if i i would venture to guess that if any other property in the community had that kind of police and fire calls that there would have been much more discussion about fines and you know one way or the other i think it's the taxpayers right to know what their dollars are going to when they support the taxes and that they do it knowingly so when an operation gets a conditional use and they're operating in a fashion that results in that many complaints and ems or police calls to a facility and it's our tax dollars that are paying for that whether it's a non-profit it's a great operation it's doing a good thing whatever that's the cost that the taxpayers deserve to know that when they're doing it that they know that they're doing it and i doubt that a lot of taxpayers realize how much money is expended by the city their money and they might have donated it that way anyway for that purpose or the times that there's been things going on as operators of the facilities have indicated as soon as those people those people leave the property there's nothing we can do they're not our responsibility anymore and quite frankly i i hearing that over the years and being involved in listening to that um is i there's no excuse there's absolutely no excuse and that's what a conditional use was yeah post that's what a conditional use is supposed to control right last question i hear lots of chatter about willing seller and willing buyer does not equal a taking right can you help frame how in the current conditions as they stand there is some kind of a taking going on here maybe not in imminent domain taking but a taking nonetheless if the offerings are being made well under not just appraised value but assessed value and we all know there's no one else that's going to come through and buy can you help people understand how willing seller and willing buyer does not a fair deal make i i think the the situation based on choices of approvals of conditional uses choices by the municipality for lack of enforcement and some lack of concern and the ability to kind of wave off uh ron because he's wrong um have created a situation where yeah it it's created a situation where except for ml p who want to lay power poles or cable reels on it that it is probably depressed to the point where there's no other buyers at this time with the adjacent development thank you mr potter thank you anybody else was just testifying this side and please come forward anyone at all hearing saying no one testimony is close about switch to the body move to postpone until april 17th why are we doing that second second do we have a meeting that night uh look my intent i did like but i want to make sure we got a meeting there is one april 17th hello 10 seconded mr constant your rationale no mr weddle mr wilson sorry we're here um you know aside from the important story we've heard from the aliens and mr potter basically this is a purchase for mlmp to have a laydown yard given the possible sale of mlmp um and we'll know after the election they won't need it chugach electric has said that this is one of the things that they will use to save money is they'll use their own property for the laydown yard so we won't mlmp won't need this so i think it's brash to approve any kind of purchase now or offer for the property um when we can just wait a couple months actually just a matter of weeks okay mr croft on the motion in front of us to postpone until april uh 17th no i'll go back in the queue okay miss dembowski on the motion in front of us uh i'm not going to be supporting it um i'm going i'm going to talk to the motion and explain why i've been on this body now i'm going into my fifth year and i supported mr starr's effort to purchase mr oliva's property many years ago it feels like i don't know if it was three or four years ago but in part i believe as public servants we have a responsibility to do no harm and i've watched what's happened at this particular area frankly i hate to say this to my my friend from fairview but i've referred to this area as ground zero if you drive through there it looks like it's a war zone it is scary i've been down there i've toured mr oliva's property i've toured brother francis shelter and bean's cafe um and frankly i never go down there without being armed uh it's scary and i think there's a lot of good intention decisions that were made over the years but i in my mind believe that whether it was by the concentration of social services whether it was through um creative conditional use permits lack of enforcement whatever the reason in my mind there's absolutely no doubt that the municipality through its actions and lack of action frankly when it comes to code enforcement has severely and negatively harmed the property owners in this area we've had property owners come to us and tell us if you have a property in this area you can't even get insurance anymore that's crazy to me and listen um i hear exactly what mr potter's saying and unfortunately i'm one of those people that just don't get offended when people are animated and whatnot and i think just by the presentation and the passion that mr oliva shows some people are just turned off at him immediately and just put him on disregard i get that i understand that but it doesn't change the fact that i believe through a series of actions and inactions and municipality has irreparably harmed this family from a moral position i have sat here crunching the numbers saying what value is it to the municipality of anchorage to own this piece of property frankly mr oliva i don't think your property is worth three hundred thousand dollars because i wouldn't pay i you'd have to pay me to live there and i still don't think i would do it that's how bad the municipalities i believe decisions over the past many many years has impacted this family so it's not just about a lay down yard this is a point where the government has severely and irreparably damaged this this family's um property and i think we have a moral obligation to try to make it right as best we can that's my position um but i still look no one ma'am yeah i'm not done and i'm gonna take my moment in there yeah i'm getting there but i i go back to what value is this to the people of chugiak eagle river because i would love it if i could get it for 750 i would love it if i could give it for 300 but we have to go back as public servants and say what we have a responsibility to do no harm in my view i'm not here to try to make somebody's property worth less intentionally ignoring issues year after year after year after year and so i think there comes a point when this is one effort where yes it's going to cost us some money to do it i think the litigation that potentially could ensue could cost us a whole lot more but i believe from a public confidence standpoint the people of my district will understand the argument and they'll support the municipality purchasing this property like we would any other property at fair market value so if we have an assessment that says it's worth 800 and some odd thousand dollars and we're offering them 750 i've watched and i've been on this body time after time after time where we routinely pay fair market value and why you don't do it here no one has justified it to me other than the fact that nobody else will buy this property why because of decisions we've made so i just go back to earlier tonight we're quibbling here over about a hundred and fifty thousand dollars earlier tonight we spent more than that on two lobbyists i'm sorry i supported it when it was a million bucks and i support it today because i believe we have a responsibility to write the things we've wronged thank you ma'am mr costa on the motion in front of us yes by the way i'm going to try and change the date because it should be the 24th of april the 17th is when we certify the election anyway anyway uh right now it's the postponed until the 17th of april mr i oppose any postponement this this property should be under contract come april the fourth should mlnp be under contract or in a transaction then with chugach electric this land will then be further stranded and we will have abrogated our duty to right or wrong that we have created and make no mistake we created this it wasn't you it wasn't me it was us 10 years and 15 and 20 and 25 and 30 and 35 and 40 years ago look at the records we did this and only we can undo this and if we wait until april the 4th april the 20th april whatever it's a done deal if you believe that mlp should be sold to chugach electric because they're not going to buy this land and this land will now be dead even further to these people and so i'm not going to debate the points that i hope to get to debating here shortly but we are about if this passes to do more harm to these people and to the community it's it is unconscionable mr dyson the motion in front of us is postponed till april 17 sir just to show the solidarity of the left wing of the assembly i agree and we ought not to postpone mr williston made the absolute point our opportunity to do right by this family goes away with the with the sale and it it's pending so it's now or never if we defeat this motion to postpone i will vote move to amend that the selling price or purchasing price be not less than 900 000 and let them sit down and bargain i'm always want to be on david's side when he's going against goliath if and if the city believes that that piece of property is worth 750 000 fine they can go find sell it at that and put the money or put our money where their evaluation is and thank you thank you mr dyson mr wilson you're next sir speaking on your motion well i i think we have heard arguments that i believe i believe what ms demboski said when mr constance said mr johnson said and i believe that were this ordinance related to those things at all i'd be with you but this is about buying a lay down yard that we probably won't need and what we can do is postpone this till the 24th i'll amend that and next meeting have something in front of us that says the real reason we would buy this to make it right by the elevators but let's be honest because right here this is about buying a late with laydown yard from lml mlmp the trugach electric said they won't want if it's really about making right by the olivas i'm on board but let's say that so i say ditch this one let's postpone it ditch it next meeting introduce something that deals with the real issue here and that's being fair to the elevators for the harm that's happened but that's not what we have here this is a purchase of a lay down yard from mlmp thank you mr bolton mr costa again on the motion in front of us yeah thank you in fact the title is clearly not related to mlnp although it is in the whereas statements doesn't say anywhere in the actual action of the ordinance that that's the purpose and in fact i don't think we'd be contemplating this if it weren't for the fact that we're paying lease leasehold fees on that land and the fact that there is an injured party and that injured party is looking for relief and so i think the title is clear there that we are looking to sell those two pieces of property thank you mr costa i've given the gavel over to the chairman you recognize me i want to speak for a second mr training you're speaking to uh mr weston postponed i'm not in favor of postponing this you can take action tonight quite frankly this has been a mess for a long time i don't care who owns that property i wouldn't own that property you would known that property we need to give them a realistic amount of money what it's assessed at by the city what we should be offering them so i'm not in favor of postponing this item for one single minute let somebody take action on it tonight i'll be a no vote thank you mr chairman thank you let's vote on this mr verrier first and they'd have certified the funds now please vote but the okay we need a motion in front of us to make a change on the dollar amount mr constant are you the one that wants to make the motion yes sir we don't have an emotion okay the kirk says we need a motion to prove make a motion i move to approve second nine seconds move by him second by missed about now mr congressman i also moved to amend that it reads for the purchase price not to exceed 900 thousand dollars plus closing costs second chairman wherever it says 750 000 you want to read down here a thousand dollars yes sir mr chair sir i would move to incorporate my aim and i apologize for the shoddy numbers in there it should be appraised at 900 000 not 690. so it happens when you type in very tense situations but the aim that i'm asking to be incorporated into this record includes the germain pages from the appraisal that's been referenced and also the tax assessed value from the municipal website for both of the lots included thank you sir second on incorporation thank you ma'am mr bowsky you're next um yes first i want to go over i don't see anybody from the cfo's office but if memory serves the funding source from this is mlmp hence why mlnp is referenced throughout the document and mlap is the one who is the entity of the municipal entity that would potentially be using the property oh there you are i didn't even see i was looking for the cfo sorry mark i apologize i got pink on i should be able to stand out uh through the chair yes yeah it is the funding source is mlmp the um we were approached to with it whether we were interested in the partner in the parcel we had correspondence back and forth with mr oliva that's how we came to the number and that's we then created the letter of intent which we sent to mr oliva and that's how we got to 750 and the money was going to come from us and if i can qual uh remind me where did this 1.2 million dollars come from we that we've been discussing i believe it was our budget two years ago that um at the actual hearing uh mr trainee uh added that to our budget and it was it was in the budget we didn't actually have the 1.2 million dollars to spend on it and we never ended up purchasing the property for the 1.2 million dollars okay so if the 1.2 was in the budget but you said you didn't have the money to spend number one why not number two how much did you have through the chair we hadn't we hadn't put any money in the budget and so we were budgeting based on the cash flow that we had for our operations and purchasing the land was not one of the things that we were going to do because at that time we had i believe three or four years left on the lease okay let me ask you a more german question to the item at hand um with the amendment in front of us of changing the purchase uh the potential purchase price up to 900 thousand dollars is within mlp's holdings is that number achievable um probably not uh the 750 was going to be a bit of a stretch cash wise because um our rate increase that we got we have been escrowing that it's it's in an escrow account we aren't able to touch it until we get a final here or final order and so coming up with the 750 was going to be probably a stretch for us at 900 i can't in good conscience say that it's in the best interest of the ratepayers of mlp to purchase the property so so 150 000 in your view would break the deal yes okay if we could come up with 150 000 or somewhere else would you be okay with it i believe i think it's been expressed by a number of assembly members that um you believe that it's it's the city's responsibility i think if the city is interested in paying 900 then the city should come up with 900. well i'm looking at mlmp for 750 i'll find the 150. thank you mister thank you very much thank you mr bowsky got a moment a little thing of housekeeping because we moved the aim we need to have a motion to accept the iem that's going along with this well we need to vote for the motion i made the motion so um let me rephrase if i may go ahead ma'am so mr constantine initially made a motion to approve and i seconded that motion that was on the underlying document then he subsequently made a motion to incorporate the aim and i seconded that so are you asking for acceptance of the aim before we go back to the main motion clerk we also had a motion to amend the amount too but so we have a motion before us to incorporate the aim and so we need to take a vote on that okay and then we need a motion to accept the aim and take a vote on that okay and then we're back to the amendment to change the amount exactly okay thank you thank you for the clarification let's take a vote on the first one that's to incorporate felix your first yes please vote i will be glad to that's approved now we need to we need to take a vote on the second portion motion to accept thank you madam clerk let's take a vote on motion to accept felix you're next go ahead amy make the motion please uh mr chair i make a motion to accept the aim that was laid on the table if i get a second okay moved into second madam clerk felix please vote yeah restaurants could now vote i think still wanting to report mr wilton mr steele and myself we need to vote um can you what are we voting for this is to accept the aim what do we vote on prior to that your amendment to nine hundred thousand on the main issue okay this is just to move this item forward as amended well yeah i'm confused battle clerk please we're voting on the motion to accept the aim yeah okay what did we vote on just a moment i think they just threw that one out i'm sorry we we first voted on the motion to incorporate the aim into the agenda and now we're voting on the motion to accept it thank you okay we there yet okay i wanna get back to amy in just a minute actually i want to speak to the aim if i could mr chair quickly though i just want to make sure the aim gets corrected to say nine hundred thousand not six hundred ninety so where are you looking at it's uh line 24 it should be 900 000. i'll second that motion line 24 should mean what 900 000. now it's 690 0700 yes and the same on line 30. no just on line line 24 is the only instance okay so crook advised me you can do that just as a clerical correction thank you so how many spots mr constant just the one on line 24 yes okay let her go make it as a clerk correction never wrote in the acceptance hold on uh i'd like to speak to the i am if i could now that we're going on that if we go ahead before us or to talk to it um i'm i'm not going to support actually including the aim because it makes some assertions here i don't necessarily agree with um these are my assertions not when you accept them you aren't stating that you believe it it's not the ordinance well no that's that's fair yeah i uh you're entitled to your opinion mr dunbar yeah i mean there's things here about harms every single property owner in the area when we're making an offer that they're free to reject i mean it's possible that they accept the offer actually helps people in the area because if they reject it then there's no buyer and there's nobody for anyone and then the value continues to fall and then it's 300 000 instead of 750. i mean this whole debate has been kind of strange to me and we can get the underlying motion eventually but we are not we're not seizing his property we're making an offer and that he's free to reject and this is what's so strange to me we're trying to give you an offer 750 000 and if you don't want it say no and then we'll come back i just i i'm just baffled by this whole thing i yeah i'm going to be a no vote on the uh on the next one yes okay let's vote on the aim mr rivera yeah please vote now we should be back to where we're living is this approving or acceptance except yeah i am all right it's all it's motion to improve okay am's approved now mr basket we're back to where you were discussing earlier sorry about that um no um mr chair since you called on me i'm going to deviate for a minute because i'm troubled by the last vote just from a point of process when somebody drafts an ordinance attached to that ordinance is an assembly member's memorandum it's whoever drafted it sometimes it comes from the administration but that's their perspective of why they're taking the position they're taking and so with the last vote i don't think by us accepting mr constance perspective means that you necessarily agree with it but it's standard when we when we draft a law that we have an am and that's from that assembly member so um i think there's some lawyers that are reading this and they're saying oh wow we're really putting this this city in a pickle because we're making some assertions here but mr constance said those things on the record so i don't think his opinion is changing i just want to say from from a perspective just to give you some comfort if if you voted for it but you don't know that you agree with him that's okay it's just his perspective that's what an assembly member meant assembly memorandum is it's from one point of order mr chairman chair she's speaking to the last motion not the present motion okay thank you mr musky do you have anything else on this item in front of us as amended mr wilton on a document in front of us as amended with the am included are we on that nine hundred thousand dollars that's what we're talking about now oh okay um just a kind of a couple quick comments one is um appraisals are not assessments and they are not um final purchase prices they're different they bounce all around so it's a lot of discussions one is right and one's wrong in fact they're just all different um i it's rare for them all to be the same so you know the fair market value is really with the ultimate the seller and the buyer come together and say here i'll take that so if they reject it then it wasn't a fair for them fair deal um i still think we're buying a lay down yard and this is all out of order here because and i think the source of funds is ms demboski said it's mlmp but they don't want to pay that much you know it should be we should be honest and have something else but i guess i've been there um so i can't support it but it's not because i don't think that they deserve more i just think this is all out order thanks mr croft sir yeah you know the position we just put mlnp in i think helps us understand what we're doing and how crazy this is in in effect how does he explain to his ratepayers why he not only overpaid for a property but then we added another 150 000 on to it i mean how would you even stand before the regulatory commission or the rate payers and say yeah i'm a great bargainer i had 750 and i added 150 to it and you're paying the bill and and we have a similar fiduciary obligation and we're sitting here outbidding ourselves now that is not our job we don't we don't do that we pass general laws we could you could pass a law that says the impact of this has been so much we're going to create a pool for these people for the property owners around we're going to provide this different relief we're going to change that but to you know i had a road going through my area where there were people who sincerely believed their property was being undervalued and they have the option to take that to court or not um i didn't sit here and say throw another hundred thousand on that my constituents property owner over bidding that process it has a process um there there is either going to be a meeting that the mind's there or there isn't he's either going to have a valid lawsuit that the all these things affected him or he isn't but but to do this is irresponsible we put mark in an impossible situation pay more than it's worth pay more than was asked and justify that to your ratepayers and he finally said i can't do it tough enough at 7.50 can't do 900 how do we fulfill our fiduciary obligation and how do we answer that same question mr gates you're in the queue um thank you mr chair i just wanted to mention a couple of things uh the code has some restrictions on what we can do here one of the things we're talking about is increasing the amount of funding uh that's being approved by the assembly by ordinance for property acquisition but a passing ordinance that's about expenditure funds requires to find certification from the cfo and that's under um insurance code section 6350 and this ordinance right now has a certification for funds in the am on page two at the top for seven hundred and fifty thousand if this is increased you need to get another fund certification for the cfo before the assembly can pass the ordinance as amended at 900 000 and uh as he's not here i'm not sure if it's possible to get a fund certification for an increased amount tonight um maybe mr fosse has an opinion on that i'm not sure through the chair i suspect even if probably were here we would have to talk to the controller's office and run some queries in sap so we wouldn't really be able to do a revised fund cert in real time thank you mr uh becky thank you chair i was i was in the queue more or less for the same reason i wasn't sure if mr gates and i were going to come down on the exact same interpretation of the code but i think it's very clear in the code that uh the assembly may not pass an ordinance uh uh without the the chief fiscal officers first for certifying the fund source in the amount that is allocated to the ordinance so i don't think that under the code you actually can proceed with a 900 000 number tonight unless you have without that in place thank you ma'am mr constant you heard the arguments from the attorneys i am glad to move to postpone to the next meeting which is february the 27th allowing the certification to occur and um i think that the thing to keep in mind here is that we are not saying you will spend this money we're saying you you will you are eligible to spend up to this amount and so uh i have feel the chastisement that's coming from across the table here the die and frankly [Music] i have yet begun to fight on the future of my neighborhood and so if this is a tacky and difficult and sticky situation bring your mud boots because we're going to get into the we're going to get into it so i would move to postpone to the next meeting second okay mr dunbar the issue in front of us to postpone to the next meeting 27th you want to comment on that mr dunbar yeah i mean fine i i i support postponing the next meeting if that is uh what we have to do legally speaking um i will say that again this this is a really unusual case because we have nego i mean through the testimony of mr eleva and the discussion from the administration they have actually already negotiated they've talked about this and they've agreed to drop a lawsuit and there's been an offer of 750 000 um and it's strange to me that we would uh not at least make that offer um and and sort of and you know to go to mr constance point about we're saying they can spend up to 900 000 but it's not really how negotiations work i mean now they know that uh now presumably they'll ask for 900 000 and they'll they'll stay there and i'm curious you know if the administration says you know what then that's we it's not worth it at 900 000 and mlp can't justify 900 000 and so the the offer just goes away and then there's no offer at all uh i mean are you comfortable are you comfortable with that outcome i mean so we've been talking with mr label i've been on the body for two years i i've i've spoken with him many times and um you know i i've spoken with other constituents who you know don't don't want us to be making any of these kind of purchases um and now we've made this offer and and yet they want us to get rid of the offer i i'm sorry it's just all very puzzling to me and it seems like we are we are someone doesn't seem to we're not negotiating in like a normal rational fashion uh and even if you believe that there's an important public policy here and there's been a harm to mr olayva what we're doing isn't rational what we're doing doesn't make sense um but um in you know maybe it'll make consensus on february 27th so yeah i support it thank you on the issue mr bowski of taking this up on february 22. thank you mr chair i'm i'm comfortable um postponing this for two weeks um on this i was planning on voting for this tonight when i when i got here that was my expectation so i was a little surprised to hear otherwise but you know i keep i'm just going to say this i'm going to repeat myself because this is what i said initially that i believe that we should treat property owners similarly when we're buying property which means in the five years that i've been here i've never seen a deal where the municipality has intentionally offered less than fair market value i haven't seen it and i just saw the appraisal of 835 900 or the assessed value and an appraisal of 900 so this fanfare that i'm hearing about how this is irrational and how we never do this we generally pay fair market value so i don't understand why this is revolutionary here so i will support the underlying motion to postpone this for two weeks uh to see maybe maybe there will be some revelation and everybody will say let's just do it at 7 50. maybe the cfo will come back and say yes or no and that will give us more information and i'm comfortable with that so i'll be a yes vote mr dice on the issue of postponing to action to the 27th of february yeah thank you i owe mr weddleston an apology in further consideration uh postponing won't get yet um eliminate the potential for buying the property i also wasn't paying enough attention and uh mr crock mr dunbar exactly right because it's mlmp that's buying it not the city it really doesn't make sense mlmp isn't the one that did damage to this property's value in the oliva family it was a city so saddling that on mlmp doesn't make sense so i support the postponement i absolutely agree with mr constant that we need to get this done and do the best we can just through the name of fairness so i support the amendment or the postponement mr constant thank you on the issue just of postponing nothing else yep so we heard mr potter here tonight speak to the fact that he's not seen a situation this kind of grave in all of his years and i think maybe between him and mr trainee there's no other individuals who have been to more assembly meetings in the history of anchorage so these people that individual would know and then i hear my peers say that they're kind of angry because we're getting involved and we're trying to offer more than what the market value is but i want it in the record really clearly that the city we have assessed the tax property value at 835 000 that we have clearly stated that's the value of the land that we're demanding his treasure for period full stop that's the value we have set on that land this year and to offer anything less than that is to prove to offer proof to everyone who is paying attention that we are interested in taking that value that's the bottom line for me it isn't that we are trying to negotiate or force a hand or add an additional 100 000 or somehow make a sweeter deal for someone but the fact is that we are saying in the assessment and most of you know your assessments are less than your actual property values and so bottom line is we're acting irrationally yes this whole scenario is irrational third avenue at carlock is irrational the harm we've created is irrational let's fix the irrationality and do the right thing next meeting thank you mr const let's vote on postpone this item to the 27th uh mr barrier first actually uh mr chair i did have one comment if i could okay what time is it it's uh almost one o'clock in the morning um no comments from you no head feeling so um mr chair so this has been a really interesting um conversation to listen to in the middle of the night um i i must say that i agree with the comments made by mr dunbar and by mr croft um this and as mr weddleton has uh eloquently stated this is what we're voting on is pretty simple it's a deal between two parties and uh like any business transaction the two parties come together and they negotiate and agree on terms and agree on a final price um so i had one question before i make a final comment on the on the current motion to postpone have we um we still have on the table the motion to um increase the price up to 900 000. is that still a motion on the table it's still on there yes okay so i will be voting no then on postponing and hope that we can get to that motion and i would just like to see this um finished tonight that's it so your no vote that's correct no please vote the rest of the body motion in front of us to postpone this item to the 27th of february that's approved nine to two that completes our agenda we're now down to special orders there are none item 16 reserved there is no area item 17 hours participation is there anybody here would like to address the assembly for three minutes on any item that's not on our agenda or that we haven't discussed yet not seeing anybody moving on ron we can't go back we can't discuss chickens you can discuss chickens for three minutes they're just bear bait waiting to be occupied thank you mr oliva we're now down to summit comments mr dyson thank you i got your message miss dabowski um thank you mr chair um some may not realize but today it's not my color but i am wearing orange today um in honor of brie moore who many know was a victim of teen dating violence her her parents have asked those that want to spread the message about education prevention support and advocacy for teen violence and dating specifically to give out some specific numbers that people can call as many of you know bree was only 20 years old when she died if you're listening at home if you're a teenager or if you know someone who's in a relationship that is experiencing teen violence dating violence they can call 24 hours a day 7 days a week 365 days a year to 866-331-9474 and they can even text so 24 hours a day you can text two two 22522 for support for help and if you go to loveisrespect.org you can also chat with somebody who can talk to you give you advice give you strategies or potentially give you the resources to help a friend as many of you know alaska is a state that unfortunately has some poor statistics when it comes to sexual violence and and violence in general and this is one it's just so heartbreaking to see the children in our community that are young that get involved in relationships and then are victims of violence and so for me um i just wanted to show my support for the moore family thank you ma'am mr constant i think i've said my piece tonight thank you thank you mr peterson thank you mr chairman and i think uh you said that very well amy and i i agree with you a hundred percent mr croft mr denbar nicole this evening mr france ma'am thank you mr chair thank you to ms demboski for sharing that information and i wanted to add to my previous comments earlier regarding the community cafe i neglected to extend gratitude to andy jones with his office at the state dhhs department of substance misuse and abuse it definitely was a team community effort and um many thanks to all involved mr steele sir no comment mr mr bulletin uh nothing this evening thank you mr rivera uh thank you mr chair um so i um i'm excited tomorrow to go visit in san antonio which is where i am right now a multi-agency campus that does work for chronically homeless individuals who do not choose to engage in the system it's called haven for hope and um i know that's an issue that we've talked a lot about in uh anchorage uh so i look forward to reporting back in the near future thank you sir good night um thursday will be our budget and finance committee meeting please attend because one of the subjects is going to be sap so there's a lot of assembly members have questions as whether it's working or not want to know if our employers are getting paid correctly because they're way too far this year for them not to be paid correctly so i anticipate the cfo's gonna have some comments for us and thanks for being here i know sometimes we don't test with each other but believe me i've been worse at sunday meetings you have no idea it was like in the 90s i had colleagues really to do fist fights in the floor we get along well now okay it's just these issues bring out passions we all have our own point of view so thanks for being here tonight i need a motion to adjourn we're adjourned