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Home My WebLink About03092020 City Council Packet .�� ,-, ,,,_ .� w r �, r s� r,..' ��„�'� �`� xr,�gYrr ,< .,feu ;� � � ��. .' ,i r � Y' M.t _ Cr `T, a � _ Y ,_ . �"'�,r-- -� =,�' 1' � 'it� � _ F..ram, -'_ f. '� ':? .- ` "� _ try Vf� ._ �� l�tfi � ��_t�lr„F '' ��• re. _� � - _ " : -r.��t^ fie, ,-:,k� 4` � �iatr� ^ a% .. 'y' `�' 7't�� '9acNk�'i.__... �..�. ..ice �� rry f �(� ..A. piµ •{� "`=�"�.cq.' _'_"" .p .: � �. `` �� .. _ � :yam.. �� -_ -� .. w �; �� -� Y ¢,� �. . � _ � �.� � .. ^�: �'""_ . _ �, _ x..�.<.�� _��'°� ��_ n:.4 C \•e..� • • '• / / / / � � �- C - • • , 11 � 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting March 9, 2020 7:00 p.m. Council Chambers Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2020 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Sharyl Seese signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total speaking time for this agenda item.] Term Expires 2021 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval John Osenga of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. Council Member In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2021 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Dale Butts Council Member A. Proclamations and Awards—None Term Expires 2022 B. Borough Assembly Report C. City Manager Report ........................................ Pg. 3 Tony Baclaan D. Other Reports and Announcements [Reports must be submitted to Council Member the city clerk no later than noon on the Tuesday preceding the Monday Term Expires 2022 meeting for inclusion in the packet.Five(5) minutes speaking time will be allowed for each report.] Julie Crites 1. Travel report for the Alaska Municipal League (AML) Council Member Winter Conference by Mayor Terry and Council Member Baclaan. .................................................. Pg. 8 Term Expires 2020 2. Seward Bear Creek Flood Service Area Board (SBCFSAB)report for February, 2020. ............. Pg. 18 E. Presentations—None Scott Meszaros City Manager Brenda Ballou City Clerk Holly Wells City Attorney City of Seward, Alaska Council Agenda March 9, 2020 Page I 1 7. PUBLIC HEARINGS —None 8. UNFINISHED BUSINESS —None 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 20-002, Amending The Land Use Plan And Zoning Designation Of Forest Acres Lots 00, PP, NN, BJ And XX From Single Family Residential (R1) To Multi- Family Residential (R3). ................................................................ Pg. 20 *2. Ordinance 20-003, Amending Seward City Code Sections 5.35.015 And 5.35.035 To Incorporate Kenai Peninsula Borough Code Chapter 5.19, Which Adopts The Uniform Remote Sellers Sales Tax Code. ........................................... Pg. 33 B. Resolutions *1. Resolution 20-018, Authorizing The City Manager To Purchase A Locking, Three- Body, Oversized Mortuary Cooler For Use By The Seward Volunteer Fire Department And The Seward Volunteer Ambulance Corps In An Amount Not To Exceed $8,875, And Appropriating Funds. ......................................... Pg. 64 *2. Resolution 2020-019, Adopting the Historic Preservation Commission Priorities from February 2020 To February 2021. ..................................................... Pg. 84 *3. Resolution 20-020, Supporting Alaska House Bill 198, An Act Relating To Aggravating Factors Considered At Sentencing. .................................. Pg. 87 C. Other New Business Items *1. Approval of the February 24, 2020 City Council Special Meeting Minutes. Pg. 115 *2. Approval of the February 24, 2020 City Council Regular Meeting Minutes. Pg. 120 *3. Appoint Fred Woelkers to the Historic Preservation Commission with a term to expire May, 2021. ..................................................................... Pg. 128 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. On-going City Project and Goal List .............................................. Pg. 129 B. City Clerk's Report on Public Records Requests through March 2, 2020. Pg. 133 11. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda March 9, 2020 Page 2 2 City of Seward Scott Meszaros 410 Adams Street City Manager P.O.Box 167 Ph: (907)224-4047 Seward,AK 99664 Fax: (907)224-4038 MANAGER'S REPORT 2/15/2020 thru 2/28/2020 The following purchase orders for between $5,000 and $15,000 have been approved by the City Manager since the last council meeting: 2/24/2020 Library Online catalog and Interlibrary Loan Access Subscription $5,400.00 2/25/2020 A/P Accounting Services $15,000.00 City of Seward Personnel Transactions from 2/15/2020 — 2/28/2020 Prepared by Riley Shurtleff, City of Seward Personnel Officer Separations: Department: Date of Separation: New Hires: Department: Date of Hire: Field Engineer Electric 2/18/2020 Executive Liaison City Manager 2/26/2020 Available Full Time Positions: Department: Position Status: Corrections Officer Police Advertising since 11/29/2018 Harbor Senior Administrative Assistant Harbor Advertising since 6/11/2019 Patrol Officer Recruit Police Advertising since 1/27/2020 Library Museum Part Time Aide Library Museum Advertising since 2/13/2020 Recreation Assistant SPRD Advertising since 2/24/2020 Available Seasonal Positions: Department: Position Status: Winter Program Aide Trainee (TYC, SPRD Advertising since 8/30/2019 Teen Rec Room, Sports&Rec at the AVTEC Gym) Library Museum Aide (Seasonal Only) Library Museum Advertising since 2/24/2020 For more information, visit the City of Seward Employment Opportunities web page at www.ciiyofseward.us/departments/personnel-hr/employment-opportunities. Open till filled. HARBOR DEPARTMENT Prepared 2/28/2020 Director's Report • With the 50 ton lifts slowed down additional maintenance is being accomplished. 3 • The 330-ton lifts have slowed down but we are still pulling vessels out of the water, we have placed several vessels back into the water for the 2020 fishing season. • All the water has been turned off for the winter, there are 4 year round water locations in the harbor located at the F float trestle, at the end of F-float, the T-dock, on Z-float and fisherman's float located at SMIC. • We are still working with ADF&G to replace the North East Boat Launch Ramp, funding is currently available through the same grant, looks like the Governor approved the funding at this point. • The harbor crew is continuing maintenance throughout the harbor. • The US Coast Guard contacted the harbor about location and designs for the new FRC, which will be located at SMIC, we are currently looking at 3 concepts. More information to come later. • The Contractor MacSwain and Associates has turned in the draft copy of the appraisal of the 43 lots leased out by the City of Seward. • The Harbor will be upgrading and installing new software in 2020 to improve customer relations with transient/guest vessels. The harbor will be bringing a resolution to council with a Tariff change in early 2020. • The harbormaster traveled to Juneau for harbor related issues and to emphasize the need for the continuation of the Facility Grant program in which the City of Seward will be applying for this spring. ELECTRIC DEPARTMENT Prepared 2/28/2020 Director's Report • The Electric Department met with the new site manager for Icicle Seafoods, John Pettersen, to discuss the facility and how the Electric Crews have worked with them to solve problems in the past. It was a productive meeting about the history of that facility and how we serve it electrically. Mr. Pettersen is very happy to be here and is open to suggestions from us on how to improve the facility. • The state legislature (both House and Senate) continue to discuss and refine SB 123 regarding the implementation of an Electric Reliability Organization (ERO) and the utilities continue to move forward with the setup of the Railbelt Reliability Council (RRC) as the framework to accomplish this. The RRC Organizational Development Team (ODT) is in the process of accepting applications from Independent Power Producers (IPP) to fill out the implementation committee. The implementation 4 committee will create the foundational documents, such as the bylaws, operational tariff, etcetera, for the organization. • The Electric department continues to meet with statewide interested parties on how to create an Electric Vehicle station system throughout the Railbelt. PARKS AND RECREATION DEPARTMENT Prepared 02/28/2020 Director's Report PARKS & CAMPGROUNDS: Utilization (February 13 —26 Campground Rentals 54 Pavilion Rentals 0 Highlights • Building new campground permit holders. • Replacing hot water heater at the shower house. Upcoming • Painting walls and constructing booths at the Boys and Girls Club. SPORTS & RECREATION: Utilization AVTEC Gym 437 Highlights • UYBL players have received their jerseys! Upcoming • Sports & Recreation will soon roll out a new recreation management platform that will allow us to provide patrons enhanced features, more convenience, and greater value. PUBLIC WORKS DEPARTMENT 2/29/2020 Director's Report • Storm Surge Damage Repairs will commence as the barges of rock arrive. Rough seas are hampering barge travel. Barge crews are on the ready to move as soon as a weather window opens. 5 • Water/Sewer Rate and Classification study conference calls are twice per week with the consultant. Since there hasn't been a study since 1993, it is taking more time to go through all information and make it current. • The handicap ramp at city hall is ready to go out to bid for construction this spring. The bid packages and plans will be available very soon. vti 3 Streets • Due to the winter and spring thaw conditions, we will be busy sanding and plowing. Please wear your ice cleats when walking. Water/Wastewater: • Please keep in mind the freezing water lines around town. If your water line has a history of freezing, you may need to take preventative measures like running a small stream of water through the pipes until spring. LIBRARY & MUSEUM DEPARTMENT 2/24/2020 Director's Report Thank You! A special thank you to Dr. Amy Bishop from the Alaska SeaLife Center, who volunteered to give a presentation about her experiences as a woman scientist for our February Home School Book Bunch. This program features themes selected by participants who chose International Day of Women& Girls in Science for February. Dr. Bishop shared about her work studying 6 marine top predators, conservation, her personal journey from artist to scientist, and led an investigative nature journaling activity! UPCOMING PROGRAMS All programs are free and open to the public! ► 2020 Wishes Interactive Board: Ongoing, Atrium- What do you wish for Seward in 2020 and what will you do for our community in 2020? ► Play Time: Saturdays, Noon-4pm, Children's Room ► Story Time: Fridays, 11-12pm, now in the downstairs Community Room to allow space for active children and limit distractions! o Story Time activities are designed with Pre-K children in mind, but we welcome all ages, siblings, and caregivers to join in the fun! o Don't miss out on our special Dance Party Story Times, next date is March 20! ► Community Book Club: Sat, Mar 21, 1 lam-Noon, Meeting Room EMC(squared):A Biography of the World's Most Famous Equation ► Home School Book Bunch: Wed, March 25, 2-3pm, Community Room, theme TBA ► Museum Drop-In Craft: Fri-Sat, Mar 13-14, Noon-5pm, Museum Table Upcoming Closures ► Mon, Mar 30—Seward's Day ► Tues, Apr 7—Training/Work Day (Thank you for this opportunity to serve you better!) Now Hiring Regular Part-Time Aide Do you like helping people? Do you want to make an impact in our community? Are you good with details? Please consider joining our small but mighty team! Primarily works at the library front desk year-round, Monday 9am-6pm, Tues, Wed and Thurs, 4-8pm. Two Part-Time Seasonal Aides,May to Sept. • Museum Front Desk: 20 hours/week, Tues-Sat(between 10am-5pm) • Library Front Desk: 20 hours/week, Mon-Fri (between 10am-6pm) 2020 Alaska Municipal League Winter Meeting-Legislative Conference It is an honor and a privilege to represent Seward as the Mayor. Especially pr0ofourmunity when we are able to speak to our legislators and have Seward so highly regarded. Council Member Baclaan and City Manager Meszaros did a great job advocating for Seward and being engaged during our meetings and conference. All AML presentations are available at www.akml.org/conference-events/past-conferences Traveled to Juneau Monday night Tuesday February 18"- Welcome and review of current bills of interest: Some to watch include-Moratorium on School Bonds(no), PFDs to Municipalities, end of Ocean Ranger program, Indirect Agency Fees(watch closely for our projects w/other agencies), Pre-K tax funding,Tribe recognition, Opioids Database, Establishing a Marine Highway Corporation, Motor Fuel Tax, Health Cost Transparency, Abandoned Vehicles, Lottery, Lunch:Overview by Senator John Coghill, Senator Peter Micciche,Senator Natasha Von Imhof and Senator Tom Begich. Senator Peter Micciche had a 4 point plan to use spending cap, partial dividend,taxes(oil/corp), and cut spending. Senator Von Imhof had another variation on a plan. Kent Dawson's Office(Seward Only) Kent Dawson,Kris Knauss,Royce Weller and Stacy Carpenter: Prep for meetings:general list included Silvertip Maintenance Station Closure,Seward Jail Funding/Spring Creek Support,AVTEC Funding, Mental Health Substance Abuse Treatment,Airport and Hospital Clinic issues. We were advised to focus on three key aspects to start the conversations: Clinic/Hospital/Health Care, Seward Jail and AVTEC. Conversations the rest of the week did include airport, harbor/marine infrastructure, USCG and Jesse Lee Home. Senator Micciche Office Visit(Seward Only)-asked about Jesse Lee Home,discussed all other priorities Senator Josh Revak Office Visit(Seward Only)-general hello and thanks for support of Seward Senator Lisa Murkowski-Address to AML Mayors Meeting covering Policy Positions(see attached)and Online Sales Tax Legislative Reception-good networking. Wednesday February 1911- Governor's Chief of Staff Ben Stevens(Seward Only)-This was a great meeting as it pertained to the airport. Only scheduled for 15 minutes, but we were given 45 minutes. Advice was to work with our Federal Delegation to get what we need accomplished. Following this meeting we did see Murkowski's lead staffer at Kent's Office and discussed the tunnel(Corp wanting more funding)and airport. Main Conference: Breakfast,Census,Agency updates and priorities,Lunch Speakers Senator Gary Stevens(Seward Only)-discussed Education Funding and importance to Seward. Representative Carpenter(Seward Only)-continued with our priorities and also discussed housing development options and financing. Dinner at Kent Dawson's home with Dawson staff,Senator Micciche and Representative Carpenter and spouses. Thursday February 20`h- Breakfast with Governor Dunleavy presentation. Stressed the importance of budget cap. Full fund PFDs with retro from last year. 'Flat funded' budget this year listening to constituents. Moving State lands into local control. Hard questions following the presentation from communities with ferries and funding. Alaska Infrastructure and Development Ideas with the Anchorage Community Development Authority I departed on a mid-day flight with many other attendees. Great talk with Palmer Mayor Edna DeVries who used to be Seward's Senator years ago. 8 2020 Alaska Municipal League Fly In Council Member Tony Baclaan Our delegation consisted of The City Manager,The Mayor, and Myself. We had very productive meeting and were able to cultivate the connections we had made through the winter AML conference and newly elected officials training. These connections are vital to networking and finding common solutions to age old problems. Our flight in was very turbulent however we landed safely in Juneau. We were treated to a ride to our hotel by a friend of the Mary who is also the harbor master there.The next day we had breakfast together before starting the day. We were greeted by the gracious Beth Waldron the mayor of Juneau, and was then given a brief overview of the scope and goal of the conference. At lunch we listened to short plans and ideas by Peter Micciche, Natasha Vonlmhoff, and senator Tom Begich. Each one had a staunch idea of how the state needed to either cut from the dividend, or create a broad based tax, sales tax, or some more money from less oil subsidies. We then went to our state lobbyist's office Mr. Kent Dawson and his very competent staff briefed us before each meeting, on advice on topics and legislation that we could speak tour elected officials about that would help Seward in many ways. We first met with Senator Micciche, he is passionate about Seward and appreciates our community. He had great suggestions and ideas on many topics from the Jesse lee Home, AVTEC, and our other state priorities. We had a short meeting with Senator Josh Revak, thanked him for his service and his support of the Seward Harbor That afternoon Lisa Murkowski advised us on general federal legislation and what the federal delegation is working on. On Wednesday we were lucky to have a meeting setup with Ben Stevens the chief of staff to the Governor. He informed us about the corona virus, the airport, and Lowell creek tunnel. It was great to make a connection with him and have some time with the Governor's office. After breakfast we heard more speakers on economic development by way of tax structures and best practices trends. That afternoon we were able to meet with representative Carpenter and his chief of staff Richard Best, we talked about almost all of our state priorities. We had an amazing dinner at the house of Kent and Jenny Dawson and were treated to great company by Peter Micciche his wife and family and Ben Carpenters wife and the staff from the lobbying firm. Jenny Dawson is a true delight and consummate entertainer. Our Last day started with a breakfast presentation by the Governor, and it was general state of the state agenda. After he left many community leaders spoke of plans and ideas to move us forward, impact of sales tax to communities who already have a sales tax and many other issues. 9 We had the pleasure to hear a presentation from the Anchorage Community Development Authority and it was mind blowing how mix use with subsidized funding through AEIDA sout pencil out projects in 13-15 years while providing sales tax generating business with urban residential housing. My flight was cancelled so I had the pleasure of having dinner with the city manager and his amazing wife Stacy. I want to thank the City for sending me to Juneau to represent our City, it has been a pleasure and as I get to attend these trainings I have been able to form connections that have enabled me to become a more effective council member. 10 `. ALASKA MUNICIPAL �. .�. LEAGUE •. i AML Winter Meeting— Legislative Conference February 18-20, 2020 Treadwell Room, Baranof Hotel,Juneau Alaska Tuesday,February 18,2020 10am Welcome • Mayor Beth Weldon, City and Borough of Juneau • Stu Graham, Board President, Alaska Municipal League • Nils Andreassen, Executive Director,Alaska Municipal League • Introductions 10:30am Legislative Review • Nils Andreassen, Executive Director,Alaska Municipal League • Dianne Blumer and Heather Brakes,AML Lobbyists Bills in Play Discussion • Appropriation limit • Motor fuel tax • Village Police Officers • Education head tax • PFAS • National resource water designation • Title IV rewrite • School bond debt reimbursement • Resource agency indirect fees • Ocean Rangers/municipal wastewater 12:OOpm Lunch • Senator John Coghill • Senator Peter Micciche 1:00pm Side Session—Commissioner Brune, DEC—Ocean Rangers 1:OOpm 2020 Budget Review • Neil Steininger, Director, Office of Management and Budget 2:OOpm Senator Lisa Murkowski 3:OOpm House State Affairs---Ocean Rangers—Public Testimony 3:00pm ACoMI membership meeting • Policy Positions • Online Sales Tax 5:30—7:00 pm AML Legislative Reception 11 ALASKA. MUNICIPAL !:- LEAGUE Wednesday, February 19,2020 8:00am Breakfast 8:30am Census Challenge • Barb Miranda, Partnership Specialist, US Census Bureau 9am Senate Finance—Title 4 Rewrite—Public Testimony 9:00am State of Alaska—Agency update and priorities • Joanne Olsen, Div. Operations Manager, Division of Motor Vehicles o REAL ID • Carrie Bohan, Facilities Program Manager, DEC o Village Safe Water and Revolving Loan Fund • Kevin Worley, Chief Financial Officer, Division of Retirement and Benefits o PERS/TRS update • John Springsteen, Deputy Commissioner, DCCED o Economic Development • Mary Siroky, Deputy Commissioner, DOT&PF o AMHS, Rural Airports, Road Maintenance updates 11am Legislative Review of FY21 Proposed Budget • Pat Pitney, Director, Legislative Finance Noon Lunch • Speaker Bryce Edgmon • Representative Dan Ortiz • Representative Chuck Kopp • Representative Jennifer Johnston • Representative DeLena Johnson 1:00pm Deep Dive—Revenue Development • Current State Debt Capacity o Deven Mitchell, Debt Manager, Department of Revenue • State Taxation and Fees o Brandon Spanos, Deputy Director, Division of Tax o Larry Persily • National Best Practices and Trends o Carl Davis, Research Director, Institute on Taxation and Economic Policy Considerations for Statewide Sales Tax Spm House Finance—Operating Budget Public Testimony Spm Dinner"On the Town"-Attendees are on their own for dinner but encouraged to meet in small groups or invite their legislator to dinner. 12 ALASKA MUNICIPAL X A LEAGUE Thursday, February 20,2020 8am Breakfast • Governor Michael Dunleavy, State of Alaska gam Deep Dive—Economic and Resource Development • Reducing local barriers to economic development • Reducing State barriers to local economic development • Increasing property valuation • Generating economic growth • Community development and infrastructure • Building a State economy from the ground up Potential topics: • Tax increment financing • Phased valuation of private property • Federal/State land transfers • Tax relief for new businesses • Reduce competition with private sector • Land use ordinances • Training—regulation implications • Increase comfort with risk • Collaboration between business and local governments Alaska Community and Infrastructure Development • Andrew Halcro, Executive Director,Anchorage Community Development Authority 11:30am Adjourn Noon Lunch (on your own) I:OOpm House Transportation—AMHS Public Corporation 1:30pm AML Board meeting with Governor 2:30pm AML Board meeting 4:00pm Board meeting adjourns 5:OOpm AML Board dinner—McGivneys 13 ALASKA '• ` MUNICIPAL Policy Statements LEAGUE Y Principles • Support the Alaska Constitution's mandate "to provide for maximum local self-government" • Support policies that reduce tax burdens and reimburse for State-mandated exemptions • Support State revenue assistance as an investment in and support for municipal governance • Support adequate State funding for basic public services and infrastructure • Oppose unfunded and underfunded State or Federal legislative and administrative mandates • Oppose any efforts to reduce local revenues and local revenue authorities • Oppose State or Federal policies that shift responsibilities to local governments without a negotiated agreement that includes adequate and full annual funding Policy GOVERNANCEMUNICIPAL • Support increased capacity within and professionalization of State tax assessment. • Support improvements to records retention, public records access, and public notice. i • Support issuance of a municipal impact fiscal note within proposed legislation. COMMUNITYr REVENUE SHARING • Support a baseline floor of$60 million annually, and encourage a long-term, sustainable solution. • Support a method to waive debt,forgive loans, or otherwise bolster"stressed" communities. • Support amendments to termination studies and penalties for [caving PERSfTRS. • Support the development of a pathway to decrease overall unfunded liability. • Oppose any cost shift of the State "on behalf" payment over 22%, or any other changes that haven't been negotiated and agreed to by municipalities.. POLICYFISCAL • Support agency and programmatic efficiency and right-sizing, but oppose cost-shifting to municipalities and eliminating essential services. • Support the development of a broad-based tax to increase state revenue. • Interest rate penalties found in AS 26.45.500(b) should be consistent with market rates. PUBLIC SAFETY • Increase tools available for public safety official recruitment and retention. • Support and strengthen the VPSO program. • Support state efforts to decrease access to and impacts from opioids. • Oppose any reduction in state funding of community jails. • Fund the administrative costs of municipal hosting of E911 systems. Continued(pp next page Policy Statements-continued from previous page ECONOMIC DEVELOPMENT • Support increased investment in infrastructure development, which facilitates economic growth. • Support increased investment in training and workforce development. • Support state responsiveness to local economic development planning, including local economic diversification and small business development strategies. • Support early childhood education, career and technical education, and preparing, attracting and retaining qualified educators. • Support for accountability and assessment that meets federal requirements and maximizes local control. • Oppose any reduction in school funding and support investment in infrastructure and deferred maintenance. • Support amendments to the funding formula removing penalties for consolidation of school facilities within a district. • Oppose forced consolidation of school districts. • Oppose the elimination of the school bond debt reimbursement program, and any reductions to previous reimbursement commitments. • Support a sustainable university system capable of delivering educational opportunities, workforce development, and credible research. • Support for appropriately funded DF&G and increased investment in fisheries monitoring, research and outreach. • Support continued investment in port and harbor infrastructure. • Support reinstatement of the Harbor Matching Grant program, partially fulfilling the state's obliga- tion for maintenance of harbors transferred into municipal ownership. • Support an active role in federal fisheries management, and clean water, as well as transboundary negotiations. • Support for vetting of and investing in energy projects, processes and programs that decrease energy costs. TRANSPORTATION • Support State investment that can be used to match or supplement federal funding. • Support increases to the State capital budget. • Support a sustainable ferry system that continues basic, year-round, ferry service to coastal communities. • Support responsible resource development and the reduction of investment barriers alongside improved environmental risk management. WATER-,WASTEWATER AND • • Support increased State investment in maintenance and infrastructure upgrades. • Support reinstatement of the Municipal Matching Grant program to help municipalities match or supplement local and federal funding. 15 STATUTORY 2019-04 The Alaska Municipal League urges the Alaska State Legislature to enact legislation requiring disclosures of all real property sales in the State of Alaska. 2019-07 The Alaska Municipal League requests that the Alaska State Legislature amend Title 29 to remove the audit requirement for Community Assistance, and provide a one-time waiver of past audit requirements,thereby releasing all outstanding Community Revenue Sharing/Assistance funds. 2019-10 The Alaska Municipal League urges the Alaska Legislature to pass legislation redefining the transferabil- ity of limited entry salmon permits by allowing an additional name to be listed on permits to keep permits in rural communities. 2020-03 The Alaska Municipal League opposes decisions by DOT&PF to increase their indirect rates; and that the Alaska Municipal League supports increased funding for the Community Transportation Program; and encourages changes to DOT&PF policy to enable local-delivered projects and acceptance by local governments of federal transportation project funds. 2020-05 The Alaska Municipal League opposes any increase to the required local contribution for education funding or reductions to the adequacy of State funding of education;and that the Alaska Municipal League sup- ports counting Federal Impact Aid as part of the local government contribution. 2020-11 The Alaska Municipal League encourages the State of Alaska to develop a plan to transfer authority to accept federal funds from the State directly to local governments or their designee. 2020-21 The Alaska Municipal League supports an amendment to AS 29.45.500 to require municipalities to pay interest at a reasonable, market-based rate in circumstances where it is required to pay interest on tax refunds. BUDGET 2019-02 The Alaska Municipal League requests that the Alaska State Legislature fund the Senior Citizen's/Disabled Veteran's Property Tax exemption as required in AS 29.45.030(g). 2019-03 The Alaska Municipal League support full annual funding of school bond debt reimbursement and state aid for construction in Regional Educational Attendance Areas. 2019-05 The Alaska Municipal League urges the Governor and the Alaska State Legislature to increase investment in the Renewable Energy Fund; and that the Alaska Municipal League additionally supports continued investment in State energy and energy efficiency programs, including the Revolving Loan Fund Program, Weatherization, Home Energy Rebate Program, Bulk Fuel Construction Program,and Rural Power System Upgrades. 2019-09 The Alaska Municipal League encourages the Governor and the Alaska State Legislature fund a one-time payoff of PERS arrearages. 2020-01 The Alaska Municipal League supports reinstatement of State funding for the Code Blue program and Local Emergency Planning Committees. 2020-10 The Alaska Municipal League supports full payment of currently obligated school bond debt reimburse- ment; opposes an extension to the school bond debt reimbursement moratorium; and supports a careful and deliberate reform of State support of school construction and maintenance. 2020-18 The Alaska Municipal League considers unacceptable the reductions to funding for the Alaska Marine Highway System in FY20 and the changes to the winter schedule for many ferry-dependent communities; and that the Alaska Municipal League opposes any further reduction to the System's budget and supports reform that is sustainable and responsive to the needs of coastal communities. 2020-19 The Alaska Municipal League opposes any further reductions to Community Assistance and supports an appropriation to the Community Assistance Fund that would bring the Fund total back up to $90 million. 2020-20 The Alaska Municipal League urges full funding by the Governor and the Alaska Legislature for the State of Alaska's Municipal Harbor Facility Grant Program in the FY21 Budget in order to ensure enhanced safety and economic prosperity among Alaskan coastal communities. 2020-23 The Alaska Municipal League urges the Alaska Legislature to override the$5 Million veto of AMHS fund- ing for FY2020. 16 SYSTEMS 2019-01 The Alaska Municipal League encourages the Alaska State Legislature to consider the development of a Community Dividend. 2019-08 The Alaska Municipal League requests that the Governor and Alaska State Legislature increase capacity within the Office of Management and Budget to evaluate costs to communities of State and Legislative budget and legislative actions;and that the Alaska Municipal League encourage consideration of a municipal impact fiscal note to be included in all relevant legislation prior to submission. 2020-02 The Alaska Municipal League encourages the Legislature to meet as the Assembly of the Unorganized Borough, and to take up its governance as required by the Constitution. 2020-04 The Alaska Municipal League supports rural law enforcement efforts such as the VPO and VPSO pro- grams; and that the Alaska Municipal League recognizes the need to match spending to needs identified by both programs,and for any necessary reform to ensure both public safety and the sustainability of law enforcement efforts in rural Alaska. 2020-06 The Alaska Municipal League acknowledges and appreciates DEC's new policy to test for and analyze a full suite of PFAS compounds; and that the Alaska Municipal League requests that State and Federal action on PFAS continue to occur, including to establish PFAS compounds as eligible for funding,and set allowable limits and standards for cleanup. 2020-07 The Alaska Municipal League supports reform to PERS that includes a complete pay-down of the unfunded liability; and that the Alaska Municipal League conditionally requests that the State also conduct termina- tion studies, small or struggling employers be allowed to opt out of the system,and that the high interest rate on non-payment be eliminated. 2020-08 The Alaska Municipal League supports economic, resource and infrastructure development that benefits local governments, the State of Alaska, and Alaska residents. 2020-09 The Alaska Municipal League supports all and diverse efforts that contribute to a complete count during the U.S. Census. 2020-12 The Alaska Municipal League supports the effort to maximize local self-government, respect local control, and encourage the State to provide additional resources for the adoption of powers and incorporation, including borough formation where feasible. 2020-15 The Alaska Municipal League supports the Legislature's efforts toward consensus on the Permanent Fund Dividend. 2020-17 The Alaska Municipal League opposes any State action that would diminish the ability of local govern- ments to tax or receive a share of Slate tax on local economic activity. FEDERAL 2020-13 The Alaska Municipal League supports reform of the USDA Forest Service Secure Rural Schools program to include long-term certainty and sustainability of funding. 2020-14 The Alaska Municipal League supports reform of the PILT funding formula to extend multipliers to smaller population counties(boroughs). REVENUE 2019-06 The Alaska Municipal League supports the State's consideration of a broad-based tax; and that the Alaska Municipal League stands ready to work with the Alaska State Legislature to mitigate potential negative impacts, as necessary. 2020-16 The Alaska Municipal League supports the sustainability of the Alaska Universal Service Fund (AUSF) and increased investment in rural infrastructure and affordabitity. 2020-22 The Alaska Municipal League supports funding critical coastal infrastructure throughout the state with general obligation bonds; and that the Alaska Municipal League requests the State Legislature approve a coastal infrastructure general obligation bond to be included on the November 3, 2020 ballot. 17 Seward/ Bear Creek Flood Service Area Report February 2020 Meetings at 6:00 pm at Seward Community Library • Feb. 10 Regular Board Meeting &Work Session—SBCFSA FY21 Budget • Feb. 25 Annual Maintenance Contracting Committee Meeting 10 am • March 2 Regular Board Meeting • March 3 Joint Work Session Planning &Zoning Commission City Council Chambers 6 pm • March 16 Joint Work Session City Council—Resurrection River City Council Chambers 6 pm • Agendas & Meeting Packets: www.kpb.us/service-areas/sbcfsa/sbcfsa-meetings Board Action: • Recommended approval of SBCFSA FY21 Budget • Recommended approval of River Center permits with comments o RC12548 Mort Lost Creek New Shop o RC12559 McEldowney Box Canyon Creek New Residential • Recommended approval of KPB Ordinance 19-19-27 Appropriating Matching Funds for the Japanese Creek Levee Flood Risk Mitigation Feasibility Study • Recommended approval of Ordinance 2020-01, Amending KPB 4.30.010 And KPB 4.30.050 Regarding Candidate Qualification and Review of Candidate Qualifications for Borough Elections. • Established March work session topic—Annual Maintenance Contracting • Appointed an Annual Maintenance Contracting Committee Staff Report Storm events: None of significant impact Projects Completed: • 2nd Avenue Fish Passage Culvert—15%design completed by USFWS o Design review meeting March 5, completed design expected May 2020 Project Updates: • Japanese Creek USACE Flood Risk Management Feasibility Study o Total study costs estimated$900,000, with 50%local sponsor match o Feb 25 KPB Assembly vote on Ordinance 20-19-27 Appropriating Matching Funds for the Japanese Creek Levee Flood Risk Mitigation Feasibility Study o KPB and City Memorandum of Understanding completed o USACE drafted Federal Cost Share Agreement, reviewed by KPB Legal • Sawmill Creek Sediment Management Project o State DNR preliminary decision delayed due to staff retirement • Salmon Creek Conservation Area o Staff presentation to Kenai Fish Habitat Partnership steering committee o Kachemak Heritage Land Trust to submit proposal for grant funding for strategic plan • Flood Hazard Analyses Seward Mapped Flood Data Area (SMFDA) 18 o Request for Proposals in development for flood risk analyses to update the maps in Old Exit Glacier, Old Mill and Nashwoods neighborhoods • Resurrection River Floodplain Parcel Donation o KPB Resolution 2020-011 approved Feb 4tn Grant Updates: • Hazard Mitigation Grant Program - KPB applications submitted Jan. 31, 2020 • Questawoods Drainage Improvements & Bruno Road Armoring$1,578,000 • Service Area-wide Sediment Management Plan $282,600 o Grant application developed, to be submitted at later date • State Department of Commerce, Community& Economic Development DC-15-090 grant • One-year extension granted Staff Meetings: • Feb. 3— Kenai Fish Habitat Partnership, Salmon Creek Conservation Area (SCCA) • Feb. 11— Kachemak Heritage Land Trust, SCCA Strategic Plan • Feb. 24—City Utilities, Old Mill development, Forest Road bridge replacement Salmon Creek Revetment as seen on Google Earth 2020. 19 Sponsored by: Planning& Zoning Commission Introduction Date: March 9, 2020 Public Hearing Date: March 23, 2020 Enactment Date: March 23, 2020 CITY OF SEWARD, ALASKA ORDINANCE 2020-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND ZONING DESIGNATION OF FOREST ACRES LOTS 00, PP, NN, BJ AND XX FROM SINGLE FAMILY RESIDENTIAL (RI) TO MULTI-FAMILY RESIDENTIAL (R3) WHEREAS, the property owners of Lots 00, PP, and XX Forest Acres Subdivision have submitted an application and filing fee, requesting their lot be rezoned from Single Family Residential (R1) to Multi-Family Residential (R3); and WHEREAS, during the public notice period the property owner of Lot NN stated interest in adding their property to the area to be amended, and the Community Development Department recommended consistent zoning of the entire block; and WHEREAS, the Planning & Zoning Commission held public a hearing on January 7, 2020 and moved to postpone decision to provide additional public notice; and WHEREAS, the property owner of Lot BJ stated no objection to the land use amendment; and WHEREAS, the proposed area to be amended includes five (5) parcels containing approximately 6.03 acres; and WHEREAS, the current zoning of the parcels are Single Family Residential (RI), and the Future Land Use Plan map designation recommends the parcels be zoned Single Family Residential (R1); and WHEREAS, Seward City Code SCC 15.01.035 (b)(3) allows the consideration of this amendment to the zoning districts because the area encompassed by the proposed ordinance contains more than one acre; and WHEREAS, the Multi-Family Residential (R3) district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects; and 20 CITY OF SEWARD,ALASKA ORDINANCE 2020-002 WHEREAS, the inconsistency of the proposed amendment with the Future Land Use map is outweighed by the benefits the proposed amendment has on the public at large and its furtherance of the overarching goals of the Comprehensive Plan, which include, but are not limited to, an increase in housing options within the City; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code 15.01.040 was conducted by the Commission on February 4, 2020; and WHEREAS, at the February 4, 2020 meeting, the Planning & Zoning Commission reviewed the application, held a public hearing, and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City by amending the zoning designation of Lots 00, PP, NN, BJ and XX Forest Acres Subdivision from Single Family Residential (R1) to Multi-Family Residential (R3). Section 2. The Seward City Council hereby amends the official Land Use Map of the City by changing the land use designation of Lots 00, PP, NN, BJ and XX Forest Acres Subdivision from Single Family Residential (R1) to Multi-Family Residential (R3). Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 23rd day of March, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor 21 Council Agenda Statement Meeting Date: March 9, 2020 To: City Council ` Through: Scott Meszaros, City Manager From: Jackie C. Wilde, Community Development Director Agenda Item: Amending the Land Use Plan and Zoning Designation of Forest Acres Lots 00, PP, NN, BJ and XX, From Single Family Residential (Rl) to Multi Family Residential (R3) BACKGROUND & JUSTIFICATION: Attached for the Council's review and enactment is Ordinance 2020-_ amending the land use plan and zoning designation of Forest Acres Lots 00, PP, NN, BJ and XX from Single Family Residential (RI) to Multi-family Residential (R3) Zoning. The property owners of Lots 00,PP,and XX submitted an application and filing fee on November 27, 2019, requesting their lots be rezoned from Single Family Residential (R1) to Multi-Family Residential (R3). During the public notice process, the property owner of Lot NN contacted City Staff stating that they would like to be added to the area amended. Upon review,the Community Development department recommended contiguous zoning of the whole block. At their January 7, 2020 public hearing, the Planning and Zoning Commission recommended postponing decision on Resolution 2020-02 for additional public notice. The Commission held additional public hearing on this item at their February 4, 2020 regular meeting and adopted substitute resolution 2020-02, recommending council amend the zoning designation of the above-named properties. The Future Land Use Map approved in the 2030 Comprehensive Plan, delineates Lots 00, PP, NN, BJ and XX as Single Family Residential (Rl). Seward City Code SCC §15.01.035 (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre. Lots PP (.83 acres), XX(2.02 acres), and BJ (.3 acres) are all vacant properties. Lot 00 (2.06 acres) contains a shop building near the north property line but is otherwise vacant. Lot NN (.82 acres) includes a single-family home. The total proposed area included in the proposed amendment is 6.03 acres. The Multi-Family Residential (R3) district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment, and/or recreation. The R3 District provides a transition between more intensive multi-use districts and lower density residential areas. The City and property owners in the R3 districts generally employ screening and design features in the R3 district to protect multi-family residences from undesirable effects arising from the districts proximity to districts with commercial or other higher-density uses. While Rl and R3 districts are similar, R3 districts permit additional uses such as multi-family dwellings, townhouses, condominiums, convenience stores, retirement homes, senior or teen centers, and 22 Council Agenda Statement Ordinance 2020- Page 2 of 3 licensed childcare facilities. INTENT Amend the Land Use Plan and Zoning Designation of Lots 00, PP,NN, BJ and XX,Forest Acres Subdivision from Single Family Residential (Rl)to Multi Family Residential (R3). CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved by Council May 30, 20I7): 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and Land Use Plans (page 14) * Update the zoning code in order to implement the Comprehensive Plan and bring the zoning map into X conformance with the Future Land Use Plan (page 14, 1. bullet 3) 3.2.1.2 Expand the opportunity for affordable slivers, year-round X housing through appropriate land use regulations. 3.3.1.1 Support a range of housing choices that meet the needs of X people in various income and age groups 3.3.1.2 Create incentives to provide land for housing X development within the City of Seward 2. Strategic Plan. (Approved by Council Resolution 99-043): • Promote Residential and Commercial Development X inside the City. (Page 9, Bullet 2) Seward City Code SCC §15.01.035, Amendments (b): (1) Changes in this title may be initiated by the following means: (c.) By petition of a majority of the property owners in the area to be amended; 3 (3) Except for an ordinance altering the boundaries of X existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley rights-of-way. 23 Council Agenda Statement Ordinance 2020- Page 3 of 3 PUBLIC NOTICE Property owners within three hundred(300)feet of the affected area were notified of this proposed land use amendment. Public notice signs were posted on each block in the area to be amended and all other public hearing requirements of Seward City Code §15.01.040 were complied with. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department 'r\ ATTORNEY REVIEW: Yes X No At the time of this review no public concerns have been submitted to staff. RECOMMENDATION: The Seward Planning and Zoning Commission and Staff Recommend: March 6, 2020 the Council introduces Ordinance 2020- amending the Land Use Plan and Rezoning portions of Lots 00, PP,NN,BJ and XX,Forest Acres Subdivision from Single Family Residential (Rl)to Multi Family Residential (R3) March 23, 2020 the Council conducts a public hearing and enacts Ordinance 2020- Ord 20-002 24 4 a' t 0 lot 41 .MIL 14 kO j. jpl— Xi CA AL AW f�^ n r Sri*. n a' r # q/ „ w err '+ "• � , yrryry µ � l ° ti g II , Drawn • • Sponsored by: Applicant Substitute Resolution CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2020-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF FOREST ACRES LOTS 00, PP, NN, BJ AND XX FROM SINGLE FAMILY RESIDENTIAL (111) TO MULTI-FAMILY RESIDENTIAL (113) WHEREAS, the property owners of Lots 00, PP, and XX Forest Acres Subdivision have submitted an application and filing fee, requesting their lot be rezoned from Single Family Residential (Rl) to Multi-Family Residential (R3); and WHEREAS, during the public notice period the property owner of Lot NN stated interest in adding their property to the area to be amended, and the Community Development Department recommended consistent zoning of the entire block; and WHEREAS, The Planning and Zoning Commission held public a hearing on January 7"' and moved to postpone decision to provide additional public notice; and WHEREAS, the property owner of Lot BJ stated no objection to the land use amendment; and WHEREAS, the proposed area to be amended includes five (5) parcels containing approximately 6.03 acres; and WHEREAS, the current zoning of the parcels are Single Family Residential (RI), and the future Land Use Plan map designation recommends the parcels be zoned Single Family Residential (RI); and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre; and WHEREAS, the Multi-Family Residential (113) district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects; and 26 Seward Planning and Zoning Resolution 2020-02 Page 2 WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on February 4, 2020, NOW, THEREFORE, BE IT RESOLVED by the Seward. Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed zoning change and recommends Resolution 2020-02 be forwarded to City Council for enactment as Ordinance 2020-_attached and incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4"' day of February 2020. THE CITY OF SEWARD, ALAS A Cindy L, klund Chair AYES:Swann, Charbonneau, Ambrosiani, Fleming, Ecklund NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: A(Ie4l - renda Ba-1- , MMC City Clerk s•` OF 8 (City ••`�[�C7 °° z:,',•• a ® j% AL 4 N ` I yr�®�319tY9 27 P&Z Agenda Statement Meeting Date: February 4, 2020 Through: Jackie C. Wilde, Community Development Directo•✓ `:� From: Andy Bacon, Planning Assistant Agenda Item: Resolution 2020-02 Recommending City Council Approval of the Rezoning of Forest Acres Lots 00, PP, NN, BJ and XX, From Single Family Residential (R1) to Multi Family Residential (R3) BACKGROUND &JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2020-02, amending the zoning designation of Forest Acres Lots 00, PP, NN, BJ and XX from Single Family Residential (R1)to Multi-family Residential (R3) Zoning. The applicant submitted an application and filing fee on November 27, 2019. The proposed area to be amended included three (3) parcels. During the public notice process, the property owner of Lot NN contacted City Staff stating that they would like to be added to the area amended. Upon review, the Community Development department recommended contiguous zoning of the whole block. At their January 4, 2020 public hearing, the Planning and Zoning Commission recommended postponing decision on Resolution 2020-02 for additional public notice. The Future Land Use Map approved in the 2030 Comprehensive Plan, delineates Lots 00, PP, NN, BJ and XX as Single Family Residential (R1). Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the area encompassed by the proposed ordinance contains more than one acre. The Multi-Family Residential (R3) district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects. SURROUNDING LAND USE AND ZONING Lot PP, XX, and BJ are vacant properties. Lot 00 contains a shop building near the north property line and is otherwise vacant. Lot NN contains a single family home. Parcels to the west across Spruce Street are zoned Rural Residential (RR) and include single family homes. Parcels to the south are zoned Single Family (R1) residential and include a single family home and a vacant parcel. Parcels to the north and east are zoned Resource Management (RM) and are owned by the City of Seward. The parcel to the east is used for snow storage and utility pole storage; and the City's electric transmission line runs along the eastern property line and along the Juniper Street right of way. The City-owned parcel to the north is restricted conservation 28 Seward Planning and Zoning Commission Agenda Statement—Resolution 2020-02 Page 2 of 3 land, designated as such during the Dieckgraeff Road levee project. Floodplain status: A majority of the land within the subject area is located in FEMA designated Special Flood Hazard Area, Zone AE. The base flood elevation for this area is determined at 39 feet. Development of these parcels will be subject to City of Seward floodplain regulations, and a floodplain development permit will be required. Utilities: The subject parcels in this rezoning application are served by some City utilities. Development will require compliance with Chapter 16 of Seward City Code in extending City utility infrastructure. The Juniper and Laurel Street rights of way are currently undeveloped. The Electric Department and Public Works Department noted in staff comments the presence of the City electric transmission line running along the Juniper Street Right of Way. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council May 30, 2017): 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and 1. Land Use Plans (page 14) X * Update the zoning code in order to implement the Comprehensive Plan and bring the zoning map into conformance with the Land Use Plan (page 14,bullet 3) 2. Strategic Plan (Approved by Council Resolution 99-043): • Promote Residential and Commercial Development inside X the City. (Page 9,Bullet 2) Seward City Code SCC §15.01.035, Amendments (b): (1) Changes in this title may be initiated by the following means: (c.) By petition of a majority of the property owners in the area to be amended; 3 (3) Except for an ordinance altering the boundaries of X existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the City shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley rights-of-way. 29 Seward Planning and Zoning Commission Agenda Statement—Resolution 2020-02 Page 3 of 3 STAFF COMMENTS: Staff has reviewed the Rezoning application and no objections were reported. Department Comments No Comment N/A Building Department X Public Works Department Power poles are down the middle of the Juniper ROW, which is only access to the East lots. Storm water floods into the north end of the proposed areas Harbor Department X Police Department X Electric Department Electric transmission line may run X down middle of Juniper Street ROW Telecommunications X PUBLIC COMMENT: Property owners within three hundred (300) feet of the proposed land use action were notified of the requested rezone. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. At the time of publication, staff has received one comment from a property owner within the subject area stating no objections to the land use amendment. RECOMMENDATION: Commission Approve substitute Resolution 2020-02, Recommending City Council Approve The Attached Ordinance Amending The Land Use Plan And Zoning Designation Of Forest Acres Lots 00, PP, NN, BJ And XX, From Single Family Residential (R1) To Multi Family Residential (R3). 30 City of Seward,Alaska Seward Planning&Zoning Commission Minutes January 7, 2020 Volume 7,Page 380 the property. Ambrosiani asked if staff had noted any violations of conditions of the past conditional permit, to which Bacon responded that there was nothing on file indicating any compliance issues. Fleming recalled that at the discussion five years ago the sentiment of the Commission was to allow membrane structures for a fixed time period until the applicant could consider more permanent improvements. Commission discussed setting a fixed time limit on this application. Motion (Swann/Charbonneau) Amend Resolution 2020-01 to add Section F. 11. this Conditional Use Permit will expire when the current City of Seward land lease expires. Motion passed AYES: Seese, Fleming, Swann, Ambrosiani, Charbonneau, Ecklund NOES: Main Motion passed as amended AYES: Swann, Seese, Charbonneau, Ambrosiani,Ecklund NOES: Fleming Resolution 2020-02 Recommending City Council Approval Of The Rezoning Of Forest Acres Lots 00, PP, And XX, From Single Family Residential (Rl) To Multi Family Residential (R3) Bacon discussed the area and location of the proposed rezone. Bacon stated that the property owners are applying for this land use change in order to help address a shortage of housing in Seward. Bacon read the code definition for the R3 zoning district. Bacon described the present and surrounding land uses, and their zoning designations. Bacon stated that public noticing requirements for this item have been met. Bacon stated that staff was contacted by the owner of Lot NN, immediately adjacent to the subject area, and they stated that they would like their property added to the resolution. Bacon stated that staff received a letter from the public discussing issues relating to spot zoning that is included in the packet. Bacon stated that City staff reviewed this application and no objections were received. Planning staff noted that if approved this would result in mixed zoning on that particular block and recommends that all parcels on that block have the same zoning designation. Chair Ecklund opened public hearing on this item Carol Griswold, inside city, discussed spot zoning issues and stated that Seward City Code standards were not aligned with more recently adopted Alaska Court decisions outlining more comprehensive criteria for evaluating land use changes. Griswold stated concerns that approval of this application would leave isolated property zoned R-1. 31 City of Seward,Alaska Seward Planning&Zoning Commission Minutes January 7, 2020 Volume 7,Page 381 Jim McCracken, outside city, stated that he is the applicant for the rezoning and has lived in and been a property owner in this neighborhood all his life. McCracken discussed some of the history of the neighborhood and stated that it could use some growth and new development. McCracken stated that the adjacent property owner is interested in joining this application, and that it may be necessary to delay a decision on this question so that the correct notice can be given to the public. Motion (Charbonneau/Fleming) Approve Resolution 2020-02 Recommending City Council Approval Of The Rezoning Of Forest Acres Lots 00, PP, And XX, From Single Family Residential (Rl) To Multi Family Residential (113) Charbonneau agreed with concerns brought up in commissioner Hatfield's letter that the Commission should consider the future land use plan. Fleming stated that she supports this application because the area would benefit from development. Fleming stated that the comprehensive planning process was done poorly and that the commission should not be strictly held to the current plan. Fleming stated that rezoning the whole block does make more sense, so that it may be beneficial to delay decision on this item until next meeting. Ecklund agreed that this item would need to be looked at the next meeting. Ecklund asked about the location of Lot BJ, and asked to confirm that notices were sent to that property owner. Bacon confirmed that notice was sent to the owner of Lot BJ. Bacon stated that after the owner of NN came forward wanting to join the rezoning application, he located the email address of the owner of Lot BJ and forwarded the public notice via email, but had no response prior to this meeting. Ecklund relaxed the rules to ask questions of the applicant. McCracken discussed the application contents with the Commission. Swann asked if Lot BJ could be added to the rezoning application without their knowledge or consent. Bacon affirmed, stating that according to the zoning code, the area to be rezoned needed signatures of at least 5 1% of property owners, which would still be met if both Lots BJ and NN were added to the application. Swann stated that when this is brought back, he would like to see Lot BJ added so the block would have uniform zoning if passed by Council. Motion (Fleming/Charbonneau) Postpone Resolution 2020-02 until the February 4,2020 regular meeting Motion passed AYES: Ambrosiani, Charbonneau, Fleming, Seese, Swann,Ecklund NOES: UNFINISHED BUSINESS —None NEW BUSINESS Commission Set work session topic for January 21, 2020 as "Review the 2030 Comprehensive Plan" 32 Sponsored by: City Attorney Introduction Date: March 9, 2020 Public Hearing Date: March 23, 2020 Enactment Date: March 23, 2020 CITY OF SEWARD,ALASKA ORDINANCE 2020-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE SECTIONS 5.35.015 AND 5.35.035 TO INCORPORATE KENAI PENINSULA BOROUGH CODE CHAPTER 5.19, WHICH ADOPTS THE UNIFORM REMOTE SELLERS SALES TAX CODE WHEREAS, the Kenai Peninsula Borough Assembly adopted the Uniform Remote Sellers Sales Tax Code on February 24, 2020;; and WHEREAS, Seward City Council supported the adoption of the Uniform Remote Sellers Sales Tax Code in Resolution 2020-2017; and WHEREAS, Seward City Code currently incorporates Kenai Peninsula Borough Code Chapter 5.18 but not the recently adopted Chapter 5.19, which adopts and codifies the Uniform Remote Sellers Sales Tax Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code is hereby amended as follows: (Deletions are , and gage Additions are italicized, underlined, and bolded.) Section 1. Seward City Code 5.35.015 "Administration" is amended to read as follows: 5.35.015. -Administration. The Kenai Peninsula Borough shall assess and collect the sales and use taxes levied by this chapter in accordance with AS 29.35.170 and Chapter 5.18 and 5.19 of the Kenai Peninsula Borough code of ordinances. Section 2. Seward City Code 5.35.035 "Imposition of sales tax" is amended to read as follows: 5.35.035. -Imposition of sales tax. 33 CITY OF SEWARD,ALASKA ORDINANCE 2020-003 (a) There is levied and imposed, in addition to all other taxes and fees of every kind now imposed by law, a consumer's sales tax on all retail sales of tangible personal property, the lease or rental of tangible personal property or real property, and the purchase of taxable services, the same to be collected in the amount of three percent of the gross proceeds of each taxable sale or taxable service. Beginning April 1, 2003, the sales tax amount to be collected shall be four percent of the gross proceeds of each taxable sale or taxable service. (b) The obligation to pay the sales tax is on the purchaser, consumer, renter, or lessee. The seller, retailer, dealer, service provider, lessor, and all persons making a retail sale, shall collect the sales tax at the time of payment for the retail sale, taxable sale, or taxable service, and shall remit all sales taxes collected under this chapter to the Kenai Peninsula Borough in accordance with AS 29.35.170 and Chapters_ 5.18 and 5.19 of the Kenai Peninsula Borough Code. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 23rd day of March, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 34 Agenda Statement Meeting Date: March 9, 2020 To: City Council From: City Attorney Agenda Item: Ordinance 2020-XXX "An Ordinance of the City Council of the City of Seward, Alaska, Amending Seward City Code Sections 5.35.015 And 5.35.035 to Incorporate Kenai Peninsula Borough Code Chapter 5.19, Which Adopts the Uniform Remote Sellers Sales Tax Code" BACKGROUND & JUSTIFICATION: Ordinance 2020- , entitled "An Ordinance of the City Council of the City of Seward, Alaska, Amending Seward City Code Sections 5.35.015 And 5.35.035 to Incorporate Kenai Peninsula Borough Code Chapter 5.19, Which Adopts the Uniform Remote Sellers Sales Tax Code" amends Seward City Code to incorporate KPBC Chapter 5.19 into the Seward City Code sales tax provisions. The Kenai Peninsula Borough Assembly adopted KPBC 5.19 ("The Remote Sellers Sales Tax Code") at its February 24, 2020 regular meeting. INTENT: The intent of the Ordinance is to expand the scope of Seward City Code Chapter 5.3 5. SCC Chapter 5.35 currently adopts Kenai Peninsula Borough Chapter 5.18 regarding general sales tax administration and implementation but does not incorporate the recently adopted Chapter 5.19, which more specifically governs sales tax owed by remote sellers. The inclusion of KPBC Chapter 5.19 by reference in the Seward City Code ensures that the Borough has the authority to implement and apply the Uniform Remote Seller Sales Tax Code. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other Gist): Resolution 2020-017; KPB Ordinance 2020-03 X 1 00905809.©OCX 35 FISCAL NOTE: The fiscal impact is yet to be determined but no fiscal note is required at this stage. Approved by Finance Department: ATTORNEY REVIEW: Yes x No Not Applicable Ord 20-003 2 00905809.DOCX 36 Introduced by: Cooper,Smalley Date: 01/21/20 Hearing: 02/25/20 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2020-03 AN ORDINANCE AMENDING KPB 5.18 SALES TAX CODE AND ENACTING KPB 5.19 UNIFORM REMOTE SELLER SALES TAX CODE WHEREAS, the inability to effectively collect sales tax on sales of personal property, products or services transferred or delivered into Alaska by sellers who do not have a physical presence in the borough ("remote seller") is eroding the sales tax base of Alaska communities and resulting in revenue losses that are causing imminent harm to residents through the loss of critical funding for local education; and WHEREAS, the harm from the loss of revenue is especially problematic in Alaska because the state has no broad-based sales tax, and sales tax revenues are essential in funding the provision of services by local governments; and WHEREAS, the failure to collect tax on remote sales creates artificial market distortions and competitive advantages for remote sellers by perpetuating tax shelters for businesses that limit their physical presence in the state or its municipalities but still sell goods and services to local consumers without collecting sales tax, something that becomes easier and more prevalent as technology continues to advance; and WHEREAS, the structural advantages for remote sellers, including the absence of point-of-sale tax collection, combined with the general growth of online retail sales, means that the erosion of the sales tax base is a growing problem that will only worsen in the near future if the borough is not able to legally collect remote seller sales tax within the framework of current United States Supreme Court case law; and WHEREAS, the failure to effectively collect sales tax on remote or internet-based sales results in the creation of incentives for businesses to avoid a physical presence in the borough, resulting in less jobs and increasing the share of taxes paid by those consumers who buy from competitors with a physical presence in the borough; and WHEREAS, remote sellers who make a substantial number of deliveries into or have large gross revenues from Alaska benefit extensively from the Alaska market, affecting the economy generally, as well as local infrastructure; and WHEREAS, the recent decision by the United States Supreme Court in South Dakota v. Wayfair ("Wayfair") allows for the amendment of the sales tax code to account for remote sellers who do not have a physical presence in the borough, but do have a taxable connection with the borough; and Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 1 of 27 37 WHEREAS, the Wayfair decision provides guidance that includes the defensibility of a single- level statewide administration of remote sales tax collection and remittance so long as the law is not retroactive in its application and provides a safe harbor to sellers who have limited sales or transactions in Alaska; and WHEREAS, in order to implement a single-level statewide sales tax administration, numerous local taxing jurisdictions within Alaska worked together to establish an intergovernmental entity known as the Alaska Remote Seller Sales Tax Commission (the "Commission"); and WHEREAS, currently 23 municipalities in Alaska are members of the Commission; and WHEREAS, the function and powers of the Commission are set forth in the Alaska Intergovernmental Remote Seller Sales Tax Agreement (the "Agreement"), a cooperative agreement between Commission members; and WHEREAS, as part of the process to implement a remote seller sales tax code and pursuant to Resolution 2019-056, the borough signed the Agreement and is currently a full member of the Commission; and WHEREAS, five of the incorporated cities within the borough are members of the Commission; and WHEREAS, representatives from the borough, the City of Soldotna, and the City of Kenai also currently hold three of the seven Board of Director seats on the Commission; and WHEREAS, under the terms of the Agreement, in order to maintain membership in the Commission, local governments must enact the Uniform Remote Seller Sales Tax Code ("Uniform Code") as adopted by the Commission's Board of Directors; WHEREAS, the Board of Directors adopted the Uniform Code at its meeting on January 6,2020; and WHEREAS, the Uniform Code will govern the collection and remittance of municipal sales tax applicable to remote or internet-based sales; and WHEREAS, the purpose of the Uniform Code is to comply with guidance in Wayfair by providing statewide threshold criteria, streamlined single-level tax administration for remote sellers, and no retroactive application; and WHEREAS, the Uniform Code will provide for streamlined remote sales tax collection and remittance process which is necessary to avoid claims that local municipal tax unduly burdens interstate sellers; and Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 2 of 27 38 WHEREAS, this ordinance will adopt the Uniform Code, amend current borough sales tax code for consistency, and authorize the Commission to administer the remote sales tax collection and remittance for the borough; and WHEREAS, this is the culmination of a process that began in June of 2019 and is the last step before municipal tax collected by remote sellers can be remitted to the borough through the Commission; and WHEREAS, in light of the Wayfair decision, failure to adopt a uniform, streamlined, remote seller sales tax code will jeopardize the ability of the borough and its cities to collect tax on remote sales; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 5.18.450(A) is hereby amended as follows: 5.18.450. - Tax jurisdiction Point of Taxation. A. The rate of tax to be added to the sale price is based on the place of sale. The place of sale of goods and merchandise is the location of the [RETAIL OUTLET] physicalpresence at which or from which delivery was made. This provision applies to goods delivered to buyers within the borough and to goods delivered to buyers outside the borough but within the state of Alaska.If the invoice includes a charge for installation,then the place of the sale for the goods and service is the retail outlet at which or from which delivery was made. When goods are delivered into the borough from a point outside of the borough and the seller maintains an ongoing physical presence in the borough,then the location of the seller's in-borough presence will determine the place of sale. [IF A SELLER HAS NO ONGOING PHYSICAL PRESENCE IN THE BOROUGH BUT HAS ESTABLISHED NEXUS WITH THE BOROUGH, THE POINT OF DELIVERY WILL DETERMINE THE PLACE OF SALE. IF THE SELLER HAS NO ONGOING PHYSICAL PRESENCE IN, OR NEXUS WITH, THE BOROUGH THE SALE IS NOT SUBJECT TO THE BOROUGH SALES TAX. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS ARE DEFINED AS SHOWN BELOW: 1. "NEXUS" MEANS THE SELLER HAS ESTABLISHED A TAXABLE CONNECTION WITHIN THE BOROUGH BY USE OF MARKETING TECHNIQUES, SUCH AS DIRECTED ADVERTISING IN THE BOROUGH VIA TELEPHONE OR INTERNET, OR DOOR-TO-DOOR SALES WITHIN THE BOROUGH, OR BY USE OF CONTRACT WORKERS OR CONTRACT OR COMMISSION AGENTS OR BUSINESSES, WHICH ARE ASSOCIATED WITH THE SELLER'S EFFORTS TO ESTABLISH OR MAINTAIN A MARKET FOR ITS GOODS OR SERVICES, DELIVER THOSE GOODS OR SERVICES, OR PROVIDE WARRANTY OR OTHER REPAIR OR RETURN SERVICES IN THE BOROUGH. Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 3 of 27 39 2. THE "POINT OF DELIVERY" WHERE THERE IS NO ONGOING PHYSICAL PRESENCE IN THE BOROUGH IS THE PLACE WHERE PHYSICAL POSSESSION OF THE GOODS IS TRANSFERRED TO THE CUSTOMER.] SECTION 2. That KPB 5.18.680 is hereby enacted as follows: 5.18.680 Uniform Remote Seller Sales Tax Code Sellers with no physicalpresence in the borough that have remote or internet-based sales in the borough and sellers with a physicalpresence in the borough that have remote or internet-based sales within other taxing_jurisdictions in Alaska are subject to KPB 5.19 instead of KPB 5.18. SECTION 3. That KPB 5.19 is enacted as follows: KPB 5.19. Uniform Remote Seller Sales Tax Code 5.19.010. Interpretation. A. In order to prevent evasion of the sales taxes and to aid in its administration, it is presumed that all sales and services by aperson or entity engaging in business are subject to the sales tax. B. The application of the tax levied under this Code shall be broadly construed and shall favor inclusion rather than exclusion. C. Exemptions from the tax levied under this Code or from the taxing,jurisdiction shall be narrowly construed against the claimant and allowed only when such exemption clearly falls within an exemption defined in this Code or the taxing jjurisdiction's Code. D. The scope of this Code shall apply to remote sellers or marketplace facilitators, delivering products or services to Member municipalities adopting this Code, within the state of Alaska. 5.19.020. Title to Collected Sales Tax. Upon collection by the remote seller or marketplace facilitator, title to collected sales tax vests in the Commission for remittance to the taxing_jurisdiction. The remote seller or marketplace facilitator remits collected sales tax to the Commission on behalf of the taxing jurisdiction, from whom that power is delegated, in trust for the taxing_jurisdiction and is accountable to the Commission and taxing jurisdiction. 5.19.030. Imposition—Rate. A. To the fullest extent permitted by law, a sales tax is levied and assessed on all remote sales where delivery is made within the local taxing�jurisdiction(s) that is a Member, within the state of Alaska. Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 4 of 27 40 B. The applicable tax shall be added to the sales price. C. The tax rate added to the sale price shall be the tax rate for the taxing iiurisdiction(s)where the properly or product is sold, or service that was rendered is received, and based on the date the properly or product was sold or the date the service rendered was received. D. An Address and Tax Rate Database will be made available to remote sellers and marketplace facilitators, indicating the appropriate tax rate to be applied. E. The tax assessed shall be consistent with relevant jurisdictional tax caps, single unit sales, and exemptions. F. When a sale is made on an installment basis, the applicable sales tax shall be collected at each payment, calculated at the sales tax rate in effect, and with the cap applied, at the time of the original sale or the date the service is rendered,based on the local jurisdictions' Codes . G. When a sales transaction involves placement of a single order with multiple deliveries made at different points in time that are separately invoiced, the applicable sales tax shall be collected on each separately invoiced delivery, calculated at the sales tax rate in effect, and with the cap applied, at the time of the original sale or the date the service is rendered. 5.19.040. Obligation to Collect Tax - Threshold Criteria. A. Any remote seller or marketplace facilitator must collect and remit sales tax in compliance with all applicable procedures and requirements of law, provided the remote seller or marketplace facilitator has met one of the following Threshold Criteria ("Threshold Criteria")in the previous calendar year: 1. The remote seller's statewide gross sales, including the seller's marketplace facilitator's statewide gross sales, from the sale(s) of property, products or services delivered into the state meets or exceeds one hundred thousand dollars ($100,000), or 2. The remote seller, including the seller's marketplace facilitator, sold property, products, or services delivered into the state in two hundred (200) or more separate transactions. B. For purposes of determining whether the Threshold Criteria are met, remote sellers or marketplace facilitators shall include all gross sales, from all sales of goods, property, products, or services rendered within the state of Alaska. 5.19.050. No Retroactive Application. The obligations to collect and remit sales tax required by this chapter are applicable at the effective date of the ordinance adopting the Alaska Remote Seller Sales Tax Code. 5.19.060. Payment and Collection. Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 5 of 27 41 Pursuant to this Code, taxes imposed shall be due and paid by the buyer to the remote seller or marketplace facilitator at the time of the sale of property or product or date service is rendered, or with respect to credit transactions, at the time of collection. It shall be the duty of each remote seller or marketplace facilitator to collect the taxes from the buyer and to hold those taxes in trust for the taxing authority of the taxing jjurisdiction. Failure by the remote seller or marketplace facilitator to collect the tax shall not affect the remote seller's, or marketplace facilitator's, responsibility for payment to the Commission. 5.19.070. Remote Seller and Marketplace Facilitator Registration Requirement. A. If a remote seller's gross statewide sales within the last calendar year meets or exceeds the Threshold Criteria, the remote seller shall register with the Commission. If a marketplace facilitator's gross statewide sales within the last calendar year meets or exceeds the Threshold Criteria, the marketplace facilitator shall register with the Commission. B. A remote seller or marketplace facilitator meeting the Threshold Criteria shall apply for a certificate of sales tax registration within thirty(30) calendar days of the effective date of this Code or within thirty (30) calendar days of meeting the Threshold Criteria whichever occurs second. Registration shall be to the Commission on forms prescribed by the Commission. C. An extension may be i1pplied for and granted based on criteria established by the Commission,based on evidence produced to describe time necessary to update software or other technical needs, not to exceed ninety (90) days. D. Upon receipt of a properly executed application, the Commission shall confirm registration, stating the legal name of the remote seller or marketplace facilitator, the primary address, and the primary sales tax contact name and corresponding title. The failure of the Commission to confirm registration does not relieve the remote seller or marketplace facilitator of its duty to collect and remit sales tax. E. Each business entity shall have a sales tax registration under the advertised name. F. The sales tax certificate is non-assignable and non-transferable. 5.19.080. Tax Filing Schedule. A. All remote sellers or marketplace facilitators subject to this Code shall file a return on a form or in a format prescribed by the Commission and shall pay the tax due. B. Filing of sales tax returns are due monthly; quarterly filing is optional upon application and approval by the Commission, consistent with the code of the local jurisdiction. C. A remote seller or marketplace facilitator who has filed a sales tax return will be presumed to be making sales in successive periods unless the remote seller or marketplace facilitator Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 6 of 27 42 files a return showing a termination or sale of the business in accordance with this Code. D. The completed and executed return, together with the remittance in full for the tax due, shall be transmitted to and must be received by the Commission on or before midnight Alaska Standard Time on the due date. Monthly returns are due the last day of the immediate subsequent month. Quarterly returns are due as follows: Quarter 1 (January—March) April 30 Quarter 2 April —June) July 31 Quarter 3 (July— September) October 31 Quarter 4 (October—December) January 31 E. If the last day of the month following the end of the filing period falls on a Saturday, Sunday, federal holiday or Alaska state holiday, the due date will be extended until the next business day immediately following. F. Any remote seller or marketplace facilitator holding a remote seller registration shall file a sales tax return even though no tax may be due. This return shall show why no tax is due. If the remote seller or marketplace facilitator intends to continue doing business a return shall be filed reflecting no sales and a confirmation of the intent to continue doing business and shall continue to do so each filing�period until the entity ceases doing business or sells the business. If the remote seller or marketplace facilitator intends to cease doing_ business, a final return shall be filed along_ with a statement of business closure. G. The remote seller or marketplace facilitator shall prepare the return and remit sales tax to the Commission on the same basis,cash or accrual,which the remote seller or marketplace facilitator uses in preparing its federal income tax return. The remote seller or marketplace facilitator shall sign the return, and transmit the return, with the amount of sales tax and any Mplicable penalty, interest or fees that it shows to be due, to the Commission. H. Remote sellers and marketplace facilitators failing to comply with the provisions of this Code shall,if required by the Commission and if quarterly filing has been chosen,file and transmit collected sales taxes more frequently until such time as they have demonstrated to the Commission that they are or will be able to comply with the provisions of this Code. Six 6) consecutive on-time sales tax filings, with full remittance of the sales taxes collected, shall establish the presumption of compliance and return to quarterly filing. I. The preparer of the sales tax return shall keep and maintain all documentation supporting any and all claims of exempted sales and purchases. Documentation for exempted sales should include the number of the exemption authorization card presented by the buyer at the time of the purchase; the date of the purchase; the name of the person making the purchase; the organization making the purchase; the total amount of the purchase; and the amount of sales tax exempted. This documentation shall be made available to the Commission upon request. Failure to provide such documentation may invalidate that Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 7 of 27 43 portion of the claim of exemption for which no documentation is provided. 5.19.090 Estimated Tax A. In the event the Commission is unable to ascertain the tax due from a remote seller or marketplace facilitator by reason of the failure of the remote seller or marketplace facilitator to keep accurate books, allow inspection, or file a return, or by reason of the remote seller or marketplace facilitator filing a false or inaccurate return, the Commission may make an estimate of the tax due based on any evidence in their possession. B. Sales taxes may also be estimated, based on any information available, whenever the Commission has reasonable cause to believe that any information on a sales tax return is not accurate. C. A remote seller's or marketplace facilitator's tax liability under this Code may be determined and assessed for a period of six (6) years after the date the return was filed or due to be filed with the Commission. No civil action for the collection of such tax may be commenced after the expiration of the six (6) year period except an action for taxes, penalties and interest due from those filing periods that are the subject of a written demand or assessment made within the six(6)year period,unless the remote seller or marketplace facilitator waives the protection of this section. D. The Commission shall notify the remote seller or marketplace facilitator, in writing,_ that the Commission has estimated the amount of sales tax that is due from the remote seller or marketplace facilitator. The Commission shall serve the notice on the remote seller or marketplace facilitator by delivering the notice to the remote seller's or marketplace facilitator's place of business, or by mailing the notice by certified mail, return receipt requested, to the remote seller's or marketplace facilitator's last known mailing address. A remote seller or marketplace facilitator who refuses the certified mail will be considered to have accepted the certified mail for purposes of service. E. The Commission's estimate of the amount of sales tax that is due from a remote seller or marketplace facilitator shall become a final determination of the amount that is due unless the remote seller or marketplace facilitator,within thirty(30)calendar days after service of notice of the estimated tax: 1. Files a complete and accurate sales tax return for the delinquent periods supported by satisfactory records and accompanied by a full remittance of all taxes, interest, penalties, costs and other charges due; or 2. Files a written notice with the Commission appealing the estimated tax amount in accordance with the meal procedures. 3. Arguments or reasons for failure to timely file a return and remit taxes collected shall not be considered a valid basis or grounds for _granting _an meal. The basis and _grounds for granting an meal of an assessment are: Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 8 of 27 44 a. The identity of the remote seller or marketplace facilitator is in error; b. The amount of the debt is erroneous due to a clerical error(and the nature and extent of the error is specified in the request for meal); or c. The remote seller or marketplace facilitator disputes the denial of exemption(s)for certain sales. F. The amount of sales tax finally determined to be due under this section shall bear interest and penalty from the date that the sales tax originally was due, plus an additional civil penalty of fifty dollars($50)for each calendar month or partial month for which the amount of sales tax that is due has been determined. 5.19.100. Returns —Filin2 Contents. A. Every remote seller or marketplace facilitator required by this chapter to collect sales tax shall file with the Commission upon forms furnished by the Commission a return setting forth the following information with totals rounded to the nearest dollar: 1. Gross sales; 2. The nontaxable portions separately stating the amount of sales revenue attributable to each class of exemption; 3. Computation of taxes to be remitted; 4. Calculated discount(if applicable)based on taxing jjurisdiction's code; and 5. Such other infolination as may be required by the Commission. B. Each tax return remitted by a remote seller or marketplace facilitator shall be signed (digital or otherwise)by a responsible individual who shall attest to the completeness and accuracy of the information on the tax return. C. The Commission reserves the right to reject a filed return for failure to comply with the requirements of this Code for up to three (3) months from the date of filing. The Commission shall give written notice to a remote seller or marketplace facilitator that a return has been rejected, including the reason for the rejection. 5.19.110. Refunds. A. Upon request from a buyer or remote seller or marketplace facilitator the Commission shall provide a determination of correct tax rate and amount applicable to the transaction. In the case of an overpayment of taxes, the remote seller or marketplace facilitator shall process the refund and amend any returns accordingly. Kenai Peninsula Borough,Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 9 of 27 45 B. If the claimant is a remote seller or marketplace facilitator, and the tax refund is owed to any buyer, the remote seller or marketplace facilitator submits, and the Commission approves, a refund plan to all affected buyers. C. The Taxing Jurisdictions may allow a buyer to request a refund directly from the Taxing Jurisdiction. 5.19.120.Amended Returns. A. A remote seller or marketplace facilitator may file an amended sales tax return, with supporting documentation, and the Commission may accept the amended return,but only in the following circumstances: i. The amended return is filed within one (1) year of the original due date for the return; and �^ ii. The remote seller or marketplace facilitator provides a written justification for requesting approval of the amended return; and iii. The remote seller or marketplace facilitator agrees to submit to an audit upon request of the Commission. B. The Commission shall notify the remote seller or marketplace facilitator in writing (by email or otherwise) whether the Commission accepts or rejects an amended return, including the reasons for any rejection. C. The Commission may adjust a return for a remote seller or marketplace facilitator if, after investigation, the Commission determines the figure included in the original returns are incorrect; and the Commission adjusts the return within two (2) years of the original due date for the return. D. A remote seller or marketplace facilitator may file a supplemental sales tax return, with supporting documentation, and the Commission may accept the supplemental return, but only in the following circumstances: i. The remote seller or marketplace facilitator provides a written justification for requesting approval of the supplemental return; and ii. The remote seller or marketplace facilitator agrees to submit to an audit upon request of the Commission. Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 10 of 27 46 5.19.130. Extension of Time to File Tax Return. Upon written application of a remote seller or marketplace facilitator, stating the reasons therefor, the Commission may extend the time to file a sales tax return but only if the Commission finds each of the following: 1. For reasons beyond the remote seller's or marketplace facilitator's control, the remote seller or marketplace facilitator has been unable to maintain in a current condition the books and records that contain the information required to complete the return; 2. Such extension is a dire necessity for bookkeeping reasons and would avert undue hardship upon the remote seller or marketplace facilitator; 3. The remote seller or marketplace facilitator has a plan to cure the problem that caused the remote seller or marketplace facilitator to apply for an extension and the remote seller or marketplace facilitator agrees to proceed with diligence to cure the problem; 4. At the time of the application, the remote seller or marketplace facilitator is not delinquent in filing any other sales tax return, in remitting sales tax to the Commission or otherwise in violation of this chapter; 5. No such extension shall be made retroactively to cover existing delinquencies. 5.19.140. Audits. A. Any remote seller or marketplace facilitator who has registered with the Commission,who is required to collect and remit sales tax, or who is required to submit a sales tax return is subject to a discretionary sales tax audit at any time. The purpose of such an audit is to examine the business records of the remote seller or marketplace facilitator in order to determine whether appropriate amounts of sales tax revenue have been collected by the remote seller or marketplace facilitator and remitted to the Commission. B. The Commission is not bound to accept a sales tax return as correct. The Commission may make an independent investigation of all retail sales or transactions conducted within the State or taxing jurisdiction. C. The records that a remote seller or marketplace facilitator is required to maintain under this chapter shall be subject to inspection and copying by authorized employees or agents of the Commission for the purpose of auditing any return filed under this chapter, or to determine the remote seller's or marketplace facilitator's liability for sales tax where no return has been filed. D. In addition to the information required on returns, the Commission may request, and the remote seller or marketplace facilitator must furnish, any reasonable information deemed necessary for a correct computation of the tax. Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 11 of 27 47 E. The Commission may adjust a return for a remote seller or marketplace facilitator if, after investigation or audit, the Commission determines that the figures included in the original return are incorrect, and that additional sales taxes are due; and the Commission adjusts the return within two (2)years of the original due date for the return. F. For the purpose of ascertaining the correctness of a return or the amount of taxes owed when a return has not been filed, the Commission may conduct investigations, hearings and audits and may examine any relevant books, papers, statements, memoranda, records, accounts or other writings of any remote seller or marketplace facilitator at any reasonable hour on the premises of the remote seller or marketplace facilitator and may require the attendance of any officer or employee of the remote seller or marketplace facilitator. Upon written demand by the Commission, the remote seller or marketplace facilitator shall present for examination, in the office of the Commission, such books, papers, statements, memoranda, records, accounts and other written material as may be set out in the demand unless the Commission and the person upon whom the demand is made agree to presentation of such materials at a different place. G. The Commission may issue subpoenas to compel attendance or to require production of relevant books, papers, records or memoranda. If any remote seller or marketplace facilitator refuses to obey any such subpoena, the Commissioner may refer the matter to the Commission's attorney for an application to the superior court for an order requiring the remote seller or marketplace facilitator to comply therewith. H. Any remote seller, marketplace facilitator, or person engaged in business who is unable or unwilling to submit their records to the Commission shall be required to pay the Commission for all necessary expenses incurred for the examination and inspection of their records maintained outside the Commission. I. After the completion of a sales tax audit,the results of the audit will be sent to the business owner's address of record. J. In the event the Commission, upon completion of an audit, discovers more than five hundred dollars ($500) in additional sales tax due from a remote seller or marketplace facilitator resulting from a remote seller's or marketplace facilitator's failure to accurately report sales and taxes due thereupon, the remote seller or marketplace facilitator shall bear responsibility for the full cost of the audit. The audit fee assessment will be in addition to interest and penalties applicable to amounts deemed to be delinquent by the Commission at the time of the conclusion of the audit. 5.19.150.Audit protest. A. If the remote seller or marketplace facilitator wishes to dispute the amount of the estimate, or the results of an examination or audit, the remote seller or marketplace facilitator must file a written protest with the Commission, within thirty (30) calendar days of the date of the notice of estimated tax or results of an audit or examination. The protest must set forth: Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 12 of 27 48 I. The remote seller's or marketplace facilitator's justification for reducing or increasing the estimated tax amount, including any missing sales tax returns for the periods estimated; or 2. The remote seller's or marketplace facilitator's reasons for challenging the examination or audit results. B. In processing the protest, the Commission may hold an informal meeting or hearing with the remote seller or marketplace facilitator, either on its own or upon request of the remote seller or marketplace facilitator,and may also require that the remote seller or marketplace facilitator submit to an audit,if one was not previously conducted or a more formal audit, if an estimation audit was previously performed. C. The Commission shall make a final written determination on the remote seller's or marketplace facilitator's protest and mail a copy of the determination to the remote seller or marketplace facilitator. D. If a written protest is not filed within thirty(30) days of the date of the notice of estimated tax or the result of a review, audit or examination, then the estimated tax,review, audit or examination result shall be final, due and payable to the Commission. 5.19.160. Penalties and Interest for Late Filing. A. A late filing fee of twenty-five dollars ($25)per month (or quarter) shall be added to all late-filed sales tax reports in addition to interest and penalties. B. Delinquent sales tax bear interest at the rate of fifteen percent(15%)per annum until paid. C. In addition, delinquent sales tax shall be subject to an additional penalty of 5%per month, or fraction thereof, until a total of 20% of delinquent tax has been reached. The penalty does not bear interest. D. Penalties and interest shall be assessed and collected in the same manner as the tax is assessed and collected, and applied first to penalties and interest, second to past due sales tax. E. The filing of an incomplete return, or the failure to remit all tax, shall be treated as the filing of no return. F. A penalty assessed under this section for the delinquent remittance of sales tax or failure to file a sales tax return may be waived by the Commission, upon written application of the remote seller or marketplace facilitator accompanied by a payment of all delinquent sales tax, interest and penalty otherwise owed by the remote seller or marketplace facilitator, within forty-five 45) calendar days after the date of delinquency. A remote seller or marketplace facilitator may not be granted more than one (1) waiver of penalty Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 13 of 27 49 under this subsection in any one calendar year. The Commission shall report such waivers of penalty to the taxing jjurisdiction, in writing. 5.19.170. Repayment Plans. A. The Commission may agree to enter into a repaymentplan with a delinquent remote seller or marketplace facilitator. No repaymentplan shall be valid unless agreed to by both parties in writing. B. A remote seller or marketplace facilitator shall not be eligible to enter into a repayment plan with the Commission if the remote seller or marketplace facilitator has defaulted on a repayment plan in the previous two (2) calendar years. C. The repaymentplan shall include a secured promissory note that substantially complies with the following terms: i. The remote seller or marketplace facilitator agrees to pay a minimum of ten percent(10%)down payment on the tax, interest and penalty amount due. The down payment shall be applied first to penalty, then to accumulated interest, and then to the tax owed. ii. The remote seller or marketplace facilitator agrees to pay the balance of the tax, penalty and interest owed in monthly installments over a period not to exceed two (2) years. iii. Interest at a rate of fifteen percent (15%) per annum shall accrue on the principal sum due. Interest shall not apply to penalties owed or to interest accrued at the time the repaymentplan is executed or accruing during the term of the repayplan. iv. If the remote seller or marketplace facilitator is a corporation or a limited liabifi , entity the remote seller or marketplace facilitator agrees to provide a personal guarantee of the obligations under the repayment plan. V. The remote seller or marketplace facilitator agrees to pay all future tax bills in accordance with the provisions of this chapter. vi. The remote seller or marketplace facilitator agrees to provide a security interest in the form of a sales tax lien for the entire unpaid balance of the promissory note to be recorded by the Commission at the time the repayment plan is signed. The remote seller or marketplace facilitator shall be responsible for the cost of recording the tax lien. D. If a remote seller or marketplace facilitator fails to pay two (2) or more payments as required by the repaymentplan agreement, the remote seller or marketplace facilitator shall be in default and the entire amount owed at the time of default shall become Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 14 of 27 50 immediately due. The Commission will send the remote seller or marketplace facilitator a notice of default. The Commission may immediately foreclose on the sales tax lien or take any other remedy available under the law. 5.19.180. Remote Seller or Marketplace Facilitator Record Retention. Remote sellers or marketplace facilitators shall keep and preserve suitable records of all sales made and such other books or accounts as may be necessary to determine the amount of tax which the remote seller or marketplace facilitator is obliged to collect. Remote sellers or marketplace facilitators shall preserve suitable records of sales for a period of six (6)years from the date of the return reporting such sales, and shall preserve for a period of six (6) years all invoices of_goods and merchandise purchased for resale, and all such other books, invoices and records as may be necessary to accurately determine the amount of taxes which the remote seller or marketplace facilitator was obliged to collect under this chapter. 5.19.190. Cessation or Transfer of Business. A. A remote seller or marketplace facilitator who sells, leases, conveys, forfeits, transfers or assigns the majority of their business interest, including a creditor or secured party, shall make a final sales tax return within thirty (30) days after the date of such conveyance. B. At least ten (10) business days before any such sale is completed, the remote seller or marketplace facilitator shall send to the Commission,by approved communication(email confirmation, certified first-class mail, postage prepaid) a notice that the remote seller's or marketplace facilitator's interest is to be conveyed and shall include the name, address and telephone number of the person or entity to whom the interest is to be convey C. Upon notice of sale and disclosure of buyer, the Commission shall be authorized to disclose the status of the remote seller's or marketplace facilitator's sales tax account to the named buyer or assignee. D. Upon receipt of notice of a sale or transfer, the Commission shall send the transferee a copy of this Code with this section highlighted. E. Neither the Commission's failure to give the notice nor the transferee's failure to receive the notice shall relieve the transferee of any obligations under this section. F. Following receipt of the notice, the Commission shall have sixt(60) days in which to perform a final sales tax audit and assess sales tax liability against the seller of the business. If the notice is not mailed at least ten (10) business days before the sale is completed, the Commission shall have twelve (12) months from the date of the completion of the sale or the Commission's knowledge of the completion of the sale within which to begin a final sales tax audit and assess sales tax liability against the seller of the business. The Commission may also initiate an estimated assessment if the requirements for such an assessment exist. Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 15 of 27 51 G. A person acquiring any interest of a remote seller or marketplace facilitator in a business required to collect the tax under this chapter assumes the liability of the remote seller or marketplace facilitator for all taxes due the Commission, whether current or delinquent, whether known to the Commission or discovered later, and for all interest,penalties, costs and charges on such taxes. H. Before the effective date of the transfer, the transferee of a business shall obtain from the Commission an estimate of the delinquent sales tax, penalty and interest, if any, owed by the remote seller or marketplace facilitator as of the date of the transfer,and shall withhold that amount from the consideration payable for the transfer, until the remote seller or marketplace facilitator has produced a receipt from the Commission showing that all tax obligations imposed by this chapter have been paid. A transferee that fails to withhold the amount required under this subsection shall be liable to the Commission and taxing jurisdiction for the lesser of the amount of delinquent sales tax, penalty and interest due from the remote seller or marketplace facilitator as of the date of transfer, and the amount that the transferee was required to withhold. I. In this section, the term "transfer" includes the following: 1. A change in voting control, or in more than fifty percent (50%) of the ownership interest in a remote seller or marketplace facilitator that is a corporation, limited liability company or partnership, or 2. A sale of all or substantially all the assets used in the business of the remote seller or marketplace facilitator; or 3. The initiation of a lease, management agreement or other arrangement under which another person becomes entitled to the remote seller's or marketplace facilitator's gross receipts from sales, rentals or services. J. Subsection H of this section shall not apply to any person who acquires their ownership interest in the ongoing business as a result of the foreclosure of a lien that has priority over the Commission's sales tax lien. K. Upon termination, dissolution or abandonment of a corporate business, any officer having control or supervision of sales tax funds collected, or who is charged with responsibility for the filing of returns or the payment of sales tax funds collected, shall be personally liable for any unpaid taxes, interest, administrative costs and penalties on those taxes if such officer willfully fails to pay or cause to be paid any taxes due from the corporation. In addition, regardless of willfulness, each director of the corporation shall be jointly and severally liable for unpaid amounts. The officer shall be liable only for taxes collected which became due during the period he or she had the control, supervthe period he or she had the control, supervision, responsibility or duty to act for the corporation. This section does not relieve the corporation of other tax liabilities or otherwise impair other tax collection remedies afforded by law. Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 16 of 27 52 L. A remote seller or marketplace facilitator who terminates the business without the benefit of a purchaser, successor or assign shall make a final tax return and settlement of tax obligations within thirty(30) days after such termination. If a final return and settlement are not received within thirty (30) days of the termination, the remote seller or marketplace facilitator shall pay a penalty of one hundred dollars ($100), plus an additional penalty of twenty-five dollars($25)for each additional thiriy_(30-)day period, or part of such a period, during which the final return and settlement have not been made, for a maximum of six (6) additional periods. 5.19.200. Use of Information on Tax Returns. A. Except as otherwise provided in this chapter, all returns, reports and information required to be filed with the Commission under this Code, and all information contained therein, shall be kept confidential and shall be subject to inspection only by 1. Employees and agents of the Commission and taxing jurisdiction whose job responsibilities are directly related to such returns, reports and information; 2. The person supplying such returns, reports and information; and 3. Persons authorized in writing by the person suplying such returns, reports and information. B. The Commission will release information described in subsection A of this section pursuant to subpoena, order of a court or administrative agency of competent jurisdiction, and where otherwise required by law to do so. C. Notwithstanding subsection A of this section, the following information is available for public inspection: 1. The name and address of sellers; 2. Whether a business is registered to collect taxes under this chapter; 3. The name and address of businesses that are sixty(60)days or more delinquent in filing returns or in remitting sales tax, or both filing returns and remitting sales tax; and,if so delinquent, the amount of estimated sales tax due, and the number of returns not filed. D. The Commission mM provide the public statistical information related to sales tax collections, provided that no information identifiable to a particular remote seller or marketplace facilitator is disclosed. E. Nothing contained in this section shall be construed to prohibit the delivery to a person, or their duly authorized representative, of a copy of any return or report filed by them, nor to prohibit the publication of statistics so classified as to prevent the identification of Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 17 of 27 53 particular buyers, remote sellers, or marketplace facilitators, nor to prohibit the furnishing of information on a reciprocal basis to other agencies or political subdivisions of the state or the United States concerned with the enforcement of tax laws. F. Nothing contained in this section shall be construed to prohibit the disclosure through enforcement action proceedings or by public inspection or publication of the name, estimated balance due, and current status of payments, and filings of any remote seller or marketplace facilitator or agent of any remote seller or marketplace facilitator required to collect sales taxes or file returns under this chapter,who fails to file any return and/or remit in full all sales taxes due within thirty (30) days after the required date for that business. Entry into any agreement whether pursuant to the provisions of this chapter or otherwise shall not act as any prohibition to disclosure of the records of that remote seller or marketplace facilitator as otherwise provided in this chapter. G. A prospective lessee or purchaser of any business or business interest may inquire as to the obligation or tax status of any business upon presenting to the Commission a release of tax information request signedby by the authorized agent the authorized agent of the business. H. All returns referred to in this chapter, and all data taken therefrom, shall be kept secure from public inspection, and from all private inspection. 5.19.210.Violations. A. A remote seller or marketplace facilitator that fails to file a sales tax return or remit sales tax when due, in addition to any other liability imposed by this Code, shall pay to the Commission all costs incurred by the Commission to determine the amount of the remote seller's or marketplace facilitator's liability or to collect the sales tax, including, without limitation,reviewing and auditing the remote seller's or marketplace facilitator's business records, collection agency fees, and actual reasonable attorneyfees, and actual reasonable attorney's fees. B. A person who causes or permits a corporation of which the person is an officer or director, a limited liability company of which the person is a member or manager, or a partnership of which the person is a partner, to fail to collect sales tax or to remit sales tax to the Commission as required by this Code shall be liable to the Commission for the amount that should have been collected or remitted, plus any applicable interest and penalty. C. Notwithstanding any other provision of law, and whether or not the Commission initiates an audit or other tax collection procedure, the Commission may bring a declaratory judgment action against a remote seller or marketplace facilitator believed to meet the criteria to establish that the obligation to remit sales tax is applicable and valid under local, state and federal law. The action shall be brou_ t in the judicial district of the taxing jurisdiction. D. The Commission may cause a sales tax lien to be filed and recorded against all real and personal property of a remote seller or marketplace facilitator where the remote seller or marketplace facilitator has: Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 18 of 27 54 1. Failed to file sales tax returns for two (2) consecutive filing periods as required by the Code; or 2. Failed within sixty(60) days of the end of the filing period from which taxes were due to either (a) remit all amounts due or (b) to enter into a secured paw agreement as provided in this Code. 3. Prior to filing a sales tax lien, the Commission shall cause a written notice of intent to file to be mailed to the last known address of the delinquent remote seller or marketplace facilitator. E. In addition to other remedies discussed in this Code, the Commission may bring a civil action to: 1. Enjoin a violation of this Code. On application for injunctive relief and a finding of a violation or threatened violation, the superior court shall enjoin the violation. 2. Collect delinquent sales tax, penalty, interest and costs of collection, either before or after estimating the amount of sales tax due. 3. Foreclose a recorded sales tax lien as provided by law. F. All remedies hereunder are cumulative and are in addition to those existing at law or equi1y. 5.19.220. Penalties for Violations. A. A buyer, remote seller, or marketplace facilitator who knowingly or negligently submits false information in a document filed with the Commission pursuant to this Code is subject to a penalty of five hundred dollars ($500). B. A remote seller or marketplace facilitator who knowingly or negligently falsifies or conceals information related to its business activities with the Commission or taxing jurisdiction is subject to a penalty of five hundred dollars ($500). C. A person who knowingly or negligently provides false information when applyin_ for or a certificate of exemption is subject to a penalty of five hundred dollars ($500). D. Any remote seller or marketplace facilitator who fails to file a return required under this chapter by the due date,regardless of whether any taxes were due for the reporting period for which the return was required,shall be subject to a penalty of twenty-five dollars($25) for the first sales tax return not timely filed. The filing of an incomplete return shall be treated as the filing of no return. Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 19 of 27 55 E. A remote seller or marketplace facilitator who fails or refuses to produce requested records or to allow inspection of their books and records shall pay to the Commission a penaltyqual to three (3) times any deficiency found or estimated by the Commission with a minimum penalty of five hundred dollars ($50 F. A remote seller or marketplace facilitator who falsifies or misrepresents any record filed with the Commission is guilty of an infraction and subject to a penalty of five hundred dollars ($500)per record. G. Misuse of an exemption card is a violation and subject to a penalty of fifty dollars $50) per incident of misuse; H. Nothing in this chapter shall be construed as preventing the Commission from filing and maintaining an action at law to recover any taxes, penalties, interest and/or fees due from a remote seller or marketplace facilitator. The Commission may also recover attorney's fees in any action against a delinquent remote seller or marketplace facilitator. 5.19.230. Remote Sellers with a physical presence in the taxing jurisdiction. A. Sellers with a physicalpresence in a Taxing Jurisdiction and no remote or intereet-based sales shall report, remit, and comply with standards, including audit authority, of the Taxing Jurisdiction. B. Sellers with a physicalpresence in a Taxing Jurisdiction that also have remote or internet- based sales where the Point of Delivery is in a different Taxing Jurisdictions shall (i) report and remit the remote or intemet sales to the Commission; and (ii)report and remit the in-store sales to the Taxing Jurisdiction. C. Sellers with a physicalpresence in a Taxing Jurisdiction that also have remote or internet- based sales where the Point of Delivery is in the same Taxing Jurisdictions shall report and remit those remote sales to the Taxing Jurisdiction. D. Remote Sellers and marketplace facilitators that do not have a physical presence in a Taxing Jurisdiction must report and remit all remote sales to the Commission. E. For all purchases the tax rate added to the sale price shall be as provided in the Taxing Jurisdiction's sales tax code, based on point of delivery. F. A marketplace facilitator is considered the remote seller for each sale facilitated through its marketplace and shall collect, report, and remit sales tax to the Commission. A marketplace facilitator is not considered to be the remote seller for each sale or rental of lodging facilitated through its marketplace, wherein the seller is considered to have a physical presence in the Taxing Jurisdiction. Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 20 of 27 56 5.19.240. Remittance of Tax; Remote Seller Held Harmless. A. Any remote seller or marketplace facilitator that collects and remits sales tax to the Commission as provided by law may use an electronic database of state addresses that is certified by the Commission pursuant to subsection (C) of this section to determine the jurisdictions to which tax is owed. B. Any remote seller or marketplace facilitator that uses the data contained in an electronic database certified by the Commission pursuant to subsection (C) of this section to determine the jurisdictions to which tax is owed shall be held harmless for any tax,charge, or fee liabili , to any taxing jjurisdiction that otherwise would be due solely as a result of an error or omission in the database. C. Any electronic database provider may apply to the Commission to be certified for use by remote sellers or marketplace facilitators pursuant to this section. Such certification shall be valid for three years. In order to be certified, an electronic database provider shall have a database that satisfies the following criteria: 1. The database shall designate each address in the state, including, to the extent practicable, any multiple postal address applicable to one location and the taxing jurisdictions that have the authority, t�pose a tax on purchases made by purchasers at each address in the state. 2. The information contained in the electronic database shall be updated as necessary and maintained in an accurate condition. In order to keep the database accurate, the database provider shall provide a convenient method for taxing jjurisdictions that may be affected by the use of the database to inform the provider of apparent errors in the database. The provider shall have a process in place to promptly correct any errors brought to the provider's attention. 5.19.250. Definitions. For purposes of this chapter, the following definitions shall apply: "Buyerpurchaser" means a person to whom a sale of properly or product is made or to whom a service is furnished. "Commission" means the Alaska Intergovernmental Remote Sales Tax Commission established by Agreement between local government taxing jurisdictions within Alaska, and delegated tax collection authority. "Delivered electronically" means delivered to the purchaser by means other than tangible storage media. Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 21 of 27 57 "Entity-based exemption" means an exemption based on who purchases the product or who sells the product. An exemption that is available to all individuals shall not be considered an entity- based exemption. "Goods for resale" means: A. the sale of goods by a manufacturer, wholesaler or distributor to a retail vendor; sales to a wholesale or retail dealer who deals in the property sold, for the purpose of resale by the dealer. B. Sales of personal property as raw material to a person engaged in manufacturing components for sale,where the property sold is consumed in the manufacturing process of, or becomes an ingredient or component part of, a product manufactured for sale by the manufacturer. C. Sale of personal property as construction material to a licensed building contractor where the property sold becomes part of the permanent structure. "Marketplace facilitator" means a person that contracts with remote sellers to facilitate for consideration, regardless of whether deducted as fees from the transaction, the sale of the remote seller's property or services through a physical or electronic marketplace operated by the person, and engages: A. Directly or indirectly, through one or more affiliated persons in any of the following: (i) Transmitting or otherwise communicating the offer or acceptance between the bum and remote seller; (ii)Owning _or operating the infrastructure,electronic or physical,or technology that brings operating the infrastructure,electronic or physical,or technology that brims buyers and remote sellers together; (iii) Providing a virtual currency that buyers are allowed or required to use to purchase products from the remote seller; or (iv) Software development or research and development activities related to any of the activities described in (b) of this subsection (3), if such activities are directly related to a physical or electronic marketplace operated by the or an affiliated person; and B. In any of the following activities with respect to the seller's products: (i)Payment processing services; (ii) Fulfillment or storage services; (iii) Listing products for sale; Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 22 of 27 58 (iv) Setting prices, (v)Branding sales as those of the marketplace facilitator; (vi) Order taking, (vii) Advertising or promotion, or (viii) Providing customer service or accepting or assisting with returns or exchanges. "Member" means a taxing jurisdiction that is a signatory of the Alaska Remote Sales Tax Intergovernmental Agreement, thereby members of the Commission, and who have adopted the Remote Seller Sales Tax Code. "Monthly" means occurring once per calendar month. "Nonprofit organization" means a business that has been granted tax-exempt status by the Internal Revenue Service (IRS); means an association, corporation, or other organization where no part of the net earnings of the organization inures to the benefit of any member, shareholder, or other individual, as certified by registration with the IRS. "Person" means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability_partnership, corporation, or any other legal entity_ "Physicalpresence" means a seller who establishes any one or more of the following within a local taxing jurisdiction: I. Has any office, distribution or sales house, warehouse, storefront, or any other place of business within the boundaries of the local taxing jurisdiction; 2. Solicits business or receiving orders through any employee, agent, salesman, or other representative within the boundaries of the local taxing jjurisdiction or engages in activities in this state that are significantly associated with the seller's ability to establish or maintain a market for its products in this state; 3. Provides services or holds inventory within the boundaries of the local taxing jurisdiction; 4. Rents or Leases property located within the boundaries of the local taxing jjurisdiction. A seller that establishes a physical presence within the local taxing jjurisdiction in any calendar year will be deemed to have a physical presence within the local taxing jurisdiction for the following calendar year. "Point of delivery" means the location at which property or a product is delivered or service rendered. Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 23 of 27 59 A. When the product is not received or paid for by the purchaser at a business location of a remote seller in a Taxing Jurisdiction, the sale is considered delivered to the location where receipt by the purchaser (or the purchaser's recipient, designated as such by the purchaser)occurs,including the location indicated by instructions for delivery as supplied by the purchaser(or recipient) and as known to the seller. B. When the product is received or paid for by a purchaser who is physically present at a business location of a Remote Seller in a Taxing Jurisdiction the sale is considered to have been made in the Taxing Jurisdiction where the purchaser is present even if delivery of the product takes place in another Taxing Jurisdiction. Such sales are reported and tax remitted directly to the Taxing Jurisdiction not to the Commission. C. For products transferred electronically, or other sales where the remote seller or marketplace facilitator lacks a delivery address for the purchaser, the remote seller or marketplace facilitator shall consider the point of delivery the sale to the billing address of the bum "Product-based exemptions" means an exemption based on the description of the product and not based on who purchases the product or how the purchaser intends to use the product. "Property" and "product" means both tangible property, an item that can be seen, weighed, measured, felt, or touched, or that is in any other manner perceptible to the senses; and intangible property, anything that is not physical in nature (i.e., intellectual property, brand recognition, goodwill, trade, copyright and patents). "Quarter" means trimonthly periods of a calendar year; January-March, April-June, July- September, and October-December. "Receive or receipt" means A. Taking possession of property-, B. Making first use of services; or C. Taking possession or making first use of digital goods, whichever comes first. The terms "receive" and"receipt" do not include temporary possession by a shipping company on behalf of the purchaser. "Remote sales" means sales of goods or services by a remote seller or marketplace facilitator. "Remote seller" means a seller or marketplace facilitator making sales of goods or services delivered within the State of Alaska, without having a physical presence in a taxing,jurisdiction, or conducting business between taxing jurisdictions, when sales are made by internet, mail order, Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 24 of 27 60 phone or other remote means. A marketplace facilitator shall be considered the remote seller for each sale facilitated through its marketplace. "Resale of services" means sales of intermediate services to a business the charge for which will be passed directly by that business to a specific buyer. "Sale" or "retail sale" means any transfer of property for consideration for any purpose other than for resale. "Sales or purchase price" means the total amount of consideration, including cash, credit, property,products, and services, for which propeM, products, or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following: A. The seller's cost of the property or product sold; B. The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller; C. Charges by the seller for any services necessary to complete the sale, other than delivery and installation charges; D. Delivery charges; E. Installation charges; and F. Credit for any trade-in, as determined by state law. "Seller" means a person making sales of property, products, or services, or a marketplace facilitator facilitating sales on behalf of a seller. "Services" means all services of every manner and description, which are performed or furnished for compensation, and delivered electronically or otherwise outside the taxing jurisdiction (but excluding any that are rendered physically within the taxing jurisdiction,including but not limited to: A. Professional services; B. Services in which a sale of property or product may be involved, including properly or products made to order; C. Utilities and utility services not constituting a sale of property or products, including but not limited to sewer,water, solid waste collection or disposal, electrical,telephone services and repair, natural gas, cable or satellite television, and Internet services; D. The sale of transportation services; Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 25 of 27 61 E. Services rendered for compensation by any person who furnishes any such services in the course of his trade, business, or occupation, including all services rendered for commission; F. Advertising, maintenance, recreation, amusement, and craftsman services. "Tax cap" means a maximum taxable transaction. "Taxing iurisdiction" means a local government in Alaska that has a sales tax and is a member of the Alaska Remote Sellers Sales Tax Commission. "Transferred electronically" means obtained by the purchaser by means other than tangible storage media. 5.19.260 Supplemental Definitions. The Commission shall promulgate Supplemental Definitions that are incorporated into this Remote Seller Sales Tax Code. Supplemental Definitions are available at www.arsstc.org. Provisions of the Supplemental Definitions that are amended, deleted, or added prior to or after the effective date of the latest amendment to this chapter shall be applicable for purposes of this chapter on the effective date provided for such amendments, deletions, or additions, including retroactive provisions. SECTION 4. That the Alaska Intergovernmental Remote Sales Tax Commission is hereby authorized to implement, administer, and enforce the provisions of KPB 5.19 Uniform Remote Seller Sales Tax Code. This authority remains in full force and effect until the assembly revokes this authorization or otherwise withdraws from the Alaska Remote Seller Sales Tax Commission. SECTION 5. This ordinance is effective March 1, 2020. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS *DAY OF *,2020. Kelly Cooper, Assembly President ATTEST: Johni Blankenship, MMC, Borough Clerk Ordinance 2020-03 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 26 of 27 62 Yes: No: Absent: Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 27 of 27 63 Sponsored by: Council Member Crites CITY OF SEWARD,ALASKA RESOLUTION 2020-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A LOCKING, THREE-BODY, OVERSIZED MORTUARY COOLER FOR USE BY THE SEWARD VOLUNTEER FIRE DEPARTMENT AND THE SEWARD VOLUNTEER AMBULANCE CORPS IN AN AMOUNT NOT TO EXCEED $8,875,AND APPROPRIATING FUNDS WHEREAS,the Seward Fire Department and Seward Volunteer Ambulance Corps have, upon occasion, been requested to remove deceased persons from emergency scenes after clearance by law enforcement; and WHEREAS, due to winter road closing conditions along the Seward Highway and increased summertime traffic, delays in coroner and funeral home responses for removal of deceased persons after some time are becoming increasingly frequent; and WHEREAS, the City of Seward has no facility within city limits for the proper storage and refrigeration of deceased persons after removal by such agencies, and the storage building behind City Hall is being utilized for such purpose without any health precautions or security measures; and WHEREAS, Funeral Source One Supply Company and American Mortuary Coolers Supply is a recognized national dealer capable of shipping a three (3) body storage unit with rolling rack system and rolling casters to the City of Seward; and WHEREAS, pricing provided by Funeral Source One Supply Company and American Mortuary Coolers Supply meets the competitive bid requirements of the City of Seward purchasing code 6.10.120; and WHEREAS, Seward City Code 6.10.120 (A)(5) allows for the sole sourcing of "Specialized products and professional services" when "supplies, materials, equipment or contractual services ... can only be furnished by a single dealer, or which have a uniform published price"; and WHEREAS, it is in the public's interest to waive the competitive bid process outlined in Seward City Code to facilitate the expeditious purchase of a locking, three-body, oversized mortuary cooler. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: 64 CITY OF SEWARD,ALASKA RESOLUTION 2020-018 Section 1. The City Council hereby determines it is in the public's best interest to waive the competitive bid process requirements outlined in SCC 6.10.130, in order to facilitate expeditious purchase of a locking, three-body, oversized mortuary cooler for use by the Seward Volunteer Fire Department and the Seward Volunteer Ambulance Corps. This purchase will provide area-wide storage in a respectful manner for deceased persons from the City of Seward and surrounding communities until such time that a coroner or funeral home can properly remove them. Section 2. The City Manager is hereby authorized to purchase locking, three-body, oversized mortuary cooler from Funeral Source One Supply Company and American Mortuary Coolers Supply, including accessories and delivery to the Seward Volunteer Fire Department. Section 3. Funding in an amount not to exceed $8,875 is hereby appropriated from the Motor Pool unreserved fund balance account no. 03000-0000-3400 for expenditure in account no. 03000-0000-7217. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 91n day of March, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 65 COUNCIL AGENDA STATEMENT Meeting Date: March 9, 2020 To: City Council Through: Scott Meszaros, City Manager From: Council Member Crites Agenda Item: Authorizing The City Manager To Purchase A Locking, Three-Body, Oversized Mortuary Cooler For Use By The Seward Volunteer Fire Department And The Seward Volunteer Ambulance Corps In An Amount Not To Exceed $8,875, And Appropriating Funds. BACKGROUND & JUSTIFICATION: In recent years, the Seward Fire Department and Seward Volunteer Ambulance Corps have been dispatched to calls for service involving deceased persons due to natural or accidental causes on an increasing basis. On a number of these calls an individual has passed away at a residence or scene within the city limits or in a surrounding community such as Bear Creek prior to transport to the hospital and death is pronounced at the scene. When this occurs, these individuals are either left in their current location or transported for storage until such time that a coroner or funeral home can remove them. Due to road conditions and summertime traffic, these removing parties are often delayed in getting to Seward occasionally for multiple days. At present, there is no location within the city limits that allows for proper storage of deceased persons after such events, and these individuals are transported to the storage building behind City Hall where they are left until a member of the fire department, SVAC or law enforcement can meet the removing party for pickup. This storage building while locking, is jointly utilized by the Fire and Police Departments, in addition to both Parks and Recreation and Public Works. As a result, there is no tracking of the access in and out of this building on a regular basis. With current protocol there is no precaution taken towards health considerations, the Iack of refrigeration's effect on a body, separate locking facilities for a body vs the building, or respect towards the deceased. As a result, it is in the best interest of the City to pursue the purchase of a unit that could properly store and secure a body until such time that it can be removed. Based on the frequency of these events and in the nature of being prepared, a three body cooler unit with roll in capabilities is being recommended for purchase and installation.This unit would have a full roller rack, lessening stress on the unit and preventing overcrowding between persons.Additionally, it will have a bottom floor level and rolling casters to allow it to be moved when not in use or to a new future location should that be necessary. Seward City Code 6.10.120 (A) 5 allows for the sole sourcing of "Specialized products and professional services"when "supplies,materials,equipment or contractual services which can only 66 be furnished by a single dealer, or which have a uniform published price;" Additionally, sole- sourcing is allowed under section "T To contractual services purchased from a public utility corporation at a price or rate determined by state or other government authority." A recognized national dealer, with the capability to ship to Alaska, Funeral Source One Supply and American Mortuary Coolers Supply is a recommended vendor for this purchase. Staff with previous funeral home employment experience are familiar with these units, their assembly, use and maintenance. For all these reasons we believe the public's interest is best served by sole sourcing the purchase of a three-body storage cooler unit from Funeral Source One Supply and American Mortuary Coolers Supply. This purchase will include the storage unit, top mounted refrigeration unit/compressor, 3-tiered roller rack and rolling casters. INTENT: To utilize the General Fund for the purchase of a locking, three-body oversized mortuary cooler unit and associated equipment from Funeral Source One Supply and American Mortuary Coolers Supply in accordance with Council approval, and appropriating funds. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): I X Strategic Plan (document source here) : X Other (list): FISCAL NOTE: Funding will be appropriated from Motor Pool unreserved fund balance account no. 03000-0000- 3400 for expenditure in account no. 03000-0000-7217. Approved by Finance Department: ::� ATTORNEY REVIEW: Yes No X_Not Applicable RECOMMENDATION: Council approve Resolution 2020-018 determining that it is in the public interest to waive the competitive bid process outlined in Seward City Code Section 6.10.130, authorizing the City Manager to purchase locking, three-body, oversized mortuary cooler from Funeral Source One Supply Company and American Mortuary Coolers Supply, including accessories and delivery to the Seward Volunteer Fire Department in the amount of$8.875. 67 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX I American Mortuary Coolers—Funeral Source One Supply Company&Americanmerican Mortuary C� o COOLERS & EQUIPMENT t-888-792-9315 CZ Full site search Home Contact Us Finance Application Coolers Embalming & Dressing Tables Church Trucks Current Specials First Call Equipment Quilted Collection (Cot Covers & ID View Sets) Gloves & PPE Service Equipment Procession Equipment Lamp Shades 68 https:Ilameri can mortuarycoolers.comIccIIections110th-annuai-black-friday-weekend-saIelp rob uctsl3-body-oversized-mortuary-cooler-amc-model-3bx 1/9 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX American Mortuary Coolers—Funeral Source One Supply Company&American... 16 ,f... x a Irv. ,e fy � t� 69 https:llameriGanmortuarycoolers.comlcollections/1Oth-annual-black-Friday-weekend-sale/products/3-body-oversized-mortuary-cooler-amc-model-3bx 219 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX American Mortuary Coolers—Funeral Source One Supply Company&American... 70 Contact Us r F r~ https://americanmortuarycoolers.com/collections/10th-annual-black-Friday-weekend-salelproductsl3-body-oversized-mortuary-cooler-amc-model-3bx 3/9 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX American Mortuary Coolers—Funeral Source One Supply Company&American... 77 027'�� W t a G ry i y a w� r 01 9- coact Us 71 https:tlamericanmortuarycoolers.com/collections/l0th-annual-black-friday-weekend-sale/productsl3-body-oversized-mortuary-cooler-amc-model-3bx 4/9 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX I American Mortuary Coolers—Funeral Source One Supply Company&American... 3 Body Oversized Mortuary Cooler XL MAXX by American Mortuary $6,459.00 $6,299.00 Sale Add Rolling Rack Add Assembly Add Casters YES NO YES ' D,D TO Price matchWe wiLL price eq wquaLityon • LL items AMC Model #3BX Mortuary Cooler 3 Body Mortuary Cooler Oversized Model External (O.D.): 7' 6" x 3' 7 3/4" x 5 2" Length x Width x Height Internal (I.D.): 6' 11 1 /4" x 3' 1 " x 4' 6 3/4" Length x Width x Height Finished Door Opening: 36" x 54" (Oversized width) Compressor Specifications (not included in the above specifications) 24 1 /2" Wide (side to side) x 28 1 /4" Long (front to back) x 18" High (top to bottom) 72 https:Ilamerir-anmortuarycoolers.com/collections/10th-annual-black-Friday-weekend-salelp rod uctsl3-body-oversized-mortuary-cooler-amc-model-3bx 519 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX I American Mortuary Coolers—Funeral Source One Supply Company&American... Weighs 92 Ibs. Crontact Us, 73 https:HameriGanmortuarycoolers.com/collections/10th-annual-black-friday-weekend-saie/products/3-body-oversized-mortuary-cooler-amc-model-3bx 619 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX I American Mortuary Coolers—Funeral Source One Supply Company&American... Plugs directly into a 110V wall outlet, no electrician or plumber needed. Easy customer installation. Electrical: 115 Volts/1 /60 1 /3 Horsepower 8.3 Amps BTUH: 2610 Customer Installation Difficulty Level: 1 (This unit is also available pre-assembled for a charge, please read the disclaimer regarding shipping assembled) 1 .5- 2 Hour install time. Basic Tools Needed: Cam-Lock wrench (provided), power drill, basic drill bits, socket wrench, 6' level, rubber mallet, and a tape measure. 100% American Made Mortuary Coolers. These are never to be confused with imported products. We also provide a full range of references in almost every state. Made by the American Mortuary Cooler Company. References available. This unit can be shipped fully assembled for an additional fee. Customer is fully responsible for offloading on site with proper equipment. 3 BX ADD- ON'S 74 httpxflamericanmortuary coo Iers.ccmlcolIections110th-annual-black-Frid ay-week end-saIefproductsl3-body-oversized-mortuary-cooler-amc-mod el-3bx 719 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX I American Mortuary Coolers—Funeral Source One Supply Company&American... Option A Full Roller Rack System (pictured) adds 3 tier easy glide roller system. This is not standard and must be upgraded $798.00 at the time of order only. (Boards-are not included) Option B Upgraded black, tan, or white exterior color $395. Upgraded colors must be added at the time of order (must order by phone). If no color added the unit will be the standard gray. What is an upgrade color? Anything other than silver exterior. All units are silver exterior and interior unless color is added at the time of order. Upgraded color applications are pictures for reference only. Option C Rolling Casters (pictured) select this from the drop down menu. Casters are not included and are only pictured for reference. All 4 casters are swivel and locking. Casters are not included. $395.00 Assembly is $250.00 additional Assembly not included. DISCLAIMER PLEASE READ Delivery requirement for assembled units A Forklift and or appropriate equipment is required to unload the cooler. Customer is responsible for any damage incurred at un- 75 https:llamericanmortuarycoclers.comlcollections110th-annual-black-friday weekend-salelproductsl3-body-oversized-mortuary-coo{er-amc-model-3bx 719 2/18/2020 3 Body Oversized Mortuary Cooler-AMC Model#3BX I American Mortuary Coolers—Funeral Source One Supply Company&American... load. Any and all damage must be noted on the delivery paperwork at the time of delivery. Our liability is released once the unit is in possession of the freight carrier. No exceptions to this policy. When ordering the assembled product, the customer assumes full responsibility for the un-loading. Promotion orders must be placed online, no exceptions No boards included ALL IMAGES COPYRIGHTED***** All images are coded, unauthorized use prohibited. We strive to offer the fastest lead time in the industry, the average lead time is 2-3 weeks in some cases we have an extended lead time of 5-6 weeks Ambient temperature on all upright coolers is 95 degrees. If the area your new cooler will be placed is over 95 degrees, you will need to purchase an upsized compressor. Please note, any warranty will be void if the correct compressor is not purchased for your space, if you choose not to upsize your compressor, you will not be at a legal temperature to store remains. 76 https:Nam erica nmortuarycoolers.comlcollections119th-annual-black-Friday-weekend-sale/p rod uctsl3-body-oversized-mortuary-cooler-amc-model-3bx 819 Shipping Quote: $1,383 The unit is in stock On Tue, Feb 18, 2020 at 1:39 PM Funeral Source One Supply Company&American Mortuary Coolers (Shopify) <mailerkshopify.eom>wrote: Body: Hello, Reaching out to you to obtain a quote on shipping for a MAXX 3 body storage system to Seward, Alaska 99664. We are looking at this unit for a municipal storage based on occasional deaths/ lack of unit at the local hospital. Thank you, T.R.Ward Funeral Source One Supply Company&American Mortuary Coolers Post Office Box 26 Fall Branch,Tennessee,37656 Direct Cell: 540-205-0101 Notify American Mortuary Year Deals via Text !"'�T—COOLERS" c� to 31170 1 77 00 CA 0 cr L) LU 0 C) LZ 0 0- (D 0 CI I) E —C Ll LU U q 0 o LM 41 -C a Lml: 5: LU CL L 0 A C) 0 0 C, w r-a. co Lu VI co a- co 06 UUJ 0) L.0 wo T) va LU Ln -C� > U 0 CJ u .0 LL. 0 Z) u 0 0 E o 0 r 0 Pa 78 a � M .�C O N 3 a Q � o N U U ccs G i Y O w O U N O U O V N O O V O cad U i. U Y��11 O cu U j.y O 1� N "G O U L � U 0 0 Y O U T ,b O CV 79 O �- U w C` a 'n M G � O 3 � o as c cl o N U .x U L� O_ o W m o N U -ice O r U Yam. 0 V � g � a a y r csi o V e� O o � � E � r � r o � O � � v N 0. MAW �Q = Cd W 0 0 U -a 0 ci 80 U C. W M � M O N i � N 7z O N e� U U c� rC Q O G! 0 0 o a L: C U L = a O 0 O m O w Ti -6 E u V o • O Q d O w o y u 0 (D a a, (D o . • a d E 0 e a - Q 0 a o o a a o a o t �' a ° a a ' E 0 u u Gl u « u ui QJ i a 0 O 'Q x 0 a" C 70 Y = ? 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W Q3 G7 C� c LU vi Q G/ p1 W an O a a LULU z `a a ° O 30 u U a O 4J C LU � E a t► C 0 0 p d m z J 3 © w Z F c a� a s LLJ O O apr a W c o m Q- mQ T W CDd a «r CL E ve ,i w p r D y } .c Z c v ItO O U � O z p1 CL z a u I IA Q w o > ��- °p a � U z u °u _ a m rZ p d p o c y O -a a "- o E V ° c z ° z -x Q Z t9 i7 a 3� a o y a a .>_ a ° o E a 06 m g � r I.- d m uu Q U v=i s �. 0 c 0 Y U W N 82 O L7Ua � \ / A \ \ \ k / � \ 7 0 Q \ / \ ? / _ / / IL 0CL 6 / ƒ / \ � S 0 \ 0 5 S 2 7 G \ / o \ ® V) \ [ � \ \ � g u § ■ § \ 0 2 U [ E ELU — \ 7 � o , 0 \ \ o | ° ° \ \ \ .0 / J / ) \ \ a E \ ) o < 0 D / § m C CT 7 f / ( 7 § Q f % \ \ 2 / \ � a \ / § � / / \ / \ / / f � / ? _ m ' Ba k / / } Sponsored by: Historic Preservation Commission CITY OF SEWARD,ALASKA RESOLUTION 2020-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,ADOPTING THE HISTORIC PRESERVATION COMMISSION PRIORITIES FROM FEBRUARY 2020 TO FEBRUARY 2021 WHEREAS,the Historic Preservation Commission's(HPC)responsibilities are listed in SCC 2.30.325 Powers and Duties; and WHEREAS, at their November 14, 2019 work session and January 9, 2020 meeting, HPC reviewed and refined their Priorities and Goals List for 2020. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD,ALASKA that: Section 1. The following list of priorities and goals for the Historic Preservation Commission from February 2020 through February 2021 is hereby approved by City Council: ANNUAL REPORTING • Annual report to council • Annual Certified Local Government (CLG) grant report to the State Historic Preservation Office (SHPO) PUBLIC OUTREACH • Coordinate efforts with Planning and Zoning regarding the identification and protection of local historic and archaeological resources • Enhance understanding of the economic benefits of Heritage Tourism • Celebrate National Historic Preservation Month in May by proclamation • Award the Annual Seward Historic Preservation Award in May • Improve the Seward Historic Preservation Commission online presence SEWARD HISTORIC STRUCTURES & SITES • Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory • Review and update Seward Inventory of Historic Sites according to the guidelines for the Alaska Heritage Resources Survey, with annual review • Annually submit inventory data to the Offices of History and Archaeology • Promote and continue to nominate structures and sites to Seward Local Register 84 CITY OF SEWARD,ALASKA RESOLUTION 2020-019 • Support the historic Hoben Park and assist with planters • Track and promote the preservation of the Jesse Lee Home • Track and monitor the progress of the Fort Raymond Subdivision • Identify the Ten Most Endangered Historic Properties in Seward SEWARD HISTORIC PRESERVATION PLAN (Updated 2017) • Promote economic incentives, historical preservation and education • Promote historic preservation initiatives and projects • Promote the Historic Overlay District OTHER COMMISSION TASKS • Generate ideas, set priorities, and submit an application for consideration for the CLG grant opportunities that stimulate heritage tourism and cultural awareness Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 9th day of March, 2020. THE CITY OF SEWARD,ALASKA Christy Terry,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 85 Agenda Statement Meeting Date: March 9, 2020 To: City Council From: Historic Preservation Commission Agenda Item: Resolution Adopting the Historic Preservation Commission (HP) Priorities from February 2020 to February 2021 BACKGROUND & JUSTIFICATION: Annually, the Historic Preservation Commission establishes their priorities. The Commission reviewed and refined their Priority List at the November 14,2019 work session and January 9,2020 meeting. INTENT: The intent of this resolution is for council to adopt the 2020 Historic Preservation Commission Priorities List. The board would like to work with council on achieving these goals. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): The Historic Preservation 1. Commission's priorities work towards achieving the goals listed in the X Seward Comprehensive Plan. 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: Approved by Finance Department: Yes ATTORNEY REVIEW: Yes Not Applicable RECOMMENDATION: Adopt the Historic Preservation Commission Priorities From February 2020 To February 2021. Res 20-019 86 Sponsored by: Council Member Baclaan &Vice Mayor McClure CITY OF SEWARD,ALASKA RESOLUTION 2020-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING ALASKA HOUSE BILL 198, AN ACT RELATING TO AGGRAVATING FACTORS CONSIDERED AT SENTENCING WHEREAS, Alaska Statute 12.55.155 defines factors in aggravation and mitigation relating to the sentencing of a defendant convicted of an offense, allowing a court to increase the severity of a sentence for aggravating factors; and WHEREAS, AS 12.55.155(c)(22) specifies factors to include an offense directed at "a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin"; and WHEREAS, hate crime protections outlined in AS 12.55.155(c)(22) do not currently include sexual orientation or gender identity; and WHEREAS, Seward is a diverse community, with residents who fall along the full range of the sexual orientation and gender identity spectrums; and WHEREAS, the fundamental civil and human rights of all individuals should be upheld regardless of a person's race, sex, color, creed, disability, ancestry, national origin, sexual orientation, or gender identity; and WHEREAS, acts of racism, bigotry, xenophobia, religious discrimination, and acts of discrimination based on sexual orientation or gender identity have no place in our community; and WHEREAS, Alaska House Bill 198 would amend AS 12.55.155(c) (22) to expand hate crime protections to include "sexual orientation or gender identity"; and WHEREAS, this resolution mirrors similar resolutions passed by the City of Soldotna on January 22, 2020 (Res 20-006), the City of Kenai on February 5, 2020 (Res 20-05), and the Kenai Peninsula Borough on February 25, 2020 (Res 20-016). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby supports the expansion of hate crime protections under AS 12.55.155(c)(22) to include "sexual orientation or gender identity" through Alaska House Bill 198, as currently submitted and attached herein. 87 CITY OF SEWARD,ALASKA RESOLUTION 2020-020 Section 2. The city manager is hereby directed to mail copies of this resolution to Alaska Representative Gary Knopp, Alaska Representative Ben Carpenter, Alaska Representative Sarah Vance, and Alaska Senator Peter Micciche. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 91h day of March, 2020. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 88 31-LS 1369\M HOUSE BILL NO. 198 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - SECOND SESSION BY REPRESENTATIVES JOSEPHSON,Hopkins,Knopp,Kreiss-Tomidns,Spohnholz,Tuck,Fields,Claman Introduced: 1/21/20 Referred: State Affairs,Judiciary A BILL FOR AN ACT ENTITLED 1 "An Act relating to aggravating factors considered at sentencing." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 12.55.155(c)is amended to read: 4 (c) The following factors shall be considered by the sentencing court if proven 5 in accordance with this section, and may allow imposition of a sentence above the 6 presumptive range set out in AS 12.55.125: 7 (1) a person, other than an accomplice, sustained physical injury as a 8 direct result of the defendant's conduct; 9 (2) the defendant's conduct during the commission of the offense 10 manifested deliberate cruelty to another person; 11 (3) the defendant was the leader of a group of three or more persons 12 who participated in the offense; 13 (4) the defendant employed a dangerous instrument in furtherance of 14 the offense; 15 (5) the defendant knew or reasonably should have known that the HB0198a -1- HB 198 New Text Underlined 8�DELETED TEXT BRACKETED] 31-LS 1369\M 1 victim of the offense was particularly vulnerable or incapable of resistance due to 2 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 3 extreme youth or was for any other reason substantially incapable of exercising 4 normal physical or mental powers of resistance; 5 (6) the defendant's conduct created a risk of imminent physical injury 6 to three or more persons, other than accomplices; 7 (7) a prior felony conviction considered for the purpose of invoking a 8 presumptive range under this chapter was of a more serious class of offense than the 9 present offense; 10 (8) the defendant's prior criminal history includes conduct involving 11 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 12 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 13 combination of assaultive behavior and cruelty to animals proscribed under 14 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 15 means assault that is a felony under AS 11.41, or a similar provision in another 16 jurisdiction; 17 (9) the defendant knew that the offense involved more than one victim; 18 (10) the conduct constituting the offense was among the most serious 19 conduct included in the definition of the offense; 20 (11) the defendant committed the offense under an agreement that the 21 defendant either pay or be paid for the commission of the offense, and the pecuniary 22 incentive was beyond that inherent in the offense itself, 23 (12) the defendant was on release under AS 12.30 for another felony 24 charge or conviction or for a misdemeanor charge or conviction having assault as a 25 necessary element; 26 (13) the defendant knowingly directed the conduct constituting the 27 offense at an active officer of the court or at an active or former judicial officer, 28 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 29 emergency medical technician, paramedic, ambulance attendant, or other emergency 30 responder during or because of the exercise of official duties; 31 (14) the defendant was a member of an organized group of five or HB 198 -2- HB0198a New Text Underlined 9�DELETED TEXT BRACKETED] 31-LS 1369\M 1 more persons, and the offense was committed to further the criminal objectives of the 2 group; 3 (15) the defendant has three or more prior felony convictions; 4 (16) the defendant's criminal conduct was designed to obtain 5 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 6 is slight; 7 (17) the offense was one of a continuing series of criminal offenses 8 committed in furtherance of illegal business activities from which the defendant 9 derives a maj or portion of the defendant's income; 10 (18) the offense was a felony 11 (A) specified in AS 11.41 and was committed against a spouse, 12 a former spouse, or a member of the social unit made up of those living 13 together in the same dwelling as the defendant; 14 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 15 has engaged in the same or other conduct prohibited by a provision of 16 AS 11.41.410 - 11.41.460 involving the same or another victim; 17 (C) specified in AS 11.41 that is a crime involving domestic 18 violence and was committed in the physical presence or hearing of a child 19 under 16 years of age who was, at the time of the offense, living within the 20 residence of the victim, the residence of the perpetrator, or the residence where 21 the crime involving domestic violence occurred; 22 (D) specified in AS 11.41 and was committed against a person 23 with whom the defendant has a dating relationship or with whom the defendant 24 has engaged in a sexual relationship; or 25 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 26 the defendant was 10 or more years older than the victim; 27 (19) the defendant's prior criminal history includes an adjudication as a 28 delinquent for conduct that would have been a felony if committed by an adult; 29 (20) the defendant was on furlough under AS 33.30 or on parole or 30 probation for another felony charge or conviction that would be considered a prior 31 felony conviction under AS 12.55.145(a)(1)(B); HB0198a -3- HB 198 New Text Underlined 91DELETED TEXT BRACKETED] 31-LS 1369\M 1 (21) the defendant has a criminal history of repeated instances of 2 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 3 similar in nature to the offense for which the defendant is being sentenced under this 4 section; 5 (22) the defendant knowingly directed the conduct constituting the 6 offense at a victim because of that person's race, sex, sexual orientation or gender 7 identity,color, creed, physical or mental disability, ancestry, or national origin; 8 (23) the defendant is convicted of an offense specified in AS 11.71 and 9 (A) the offense involved the delivery of a controlled substance 10 under circumstances manifesting an intent to distribute the substance as part of 11 a commercial enterprise; or 12 (B) at the time of the conduct resulting in the conviction, the 13 defendant was caring for or assisting in the care of a child under 10 years of 14 age; 15 (24) the defendant is convicted of an offense specified in AS 11.71 and 16 the offense involved the transportation of controlled substances into the state; 17 (25) the defendant is convicted of an offense specified in AS 11.71 and 18 the offense involved large quantities of a controlled substance; 19 (26) the defendant is convicted of an offense specified in AS 11.71 and 20 the offense involved the distribution of a controlled substance that had been 21 adulterated with a toxic substance; 22 (27) the defendant, being 18 years of age or older, 23 (A) is legally accountable under AS 11.16.110(2) for the 24 conduct of a person who, at the time the offense was committed, was under 18 25 years of age and at least three years younger than the defendant; or 26 (B) is aided or abetted in planning or committing the offense by 27 a person who, at the time the offense was committed, was under 18 years of 28 age and at least three years younger than the defendant; 29 (28) the victim of the offense is a person who provided testimony or 30 evidence related to a prior offense committed by the defendant; 31 (29) the defendant committed the offense for the benefit of, at the HB 198 -4- HB0198a New Text Underlined 9IDELETED TEXT BRACKETED] 31-LS 1369\M 1 direction of, or in association with a criminal street gang; 2 (30) the defendant is convicted of an offense specified in AS 11.41.410 3 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 4 the victim in furtherance of the offense with the intent to make the victim 5 incapacitated; in this paragraph, "incapacitated" has the meaning given in 6 AS 11.41.470; 7 (31) the defendant's prior criminal history includes convictions for five 8 or more crimes in this or another jurisdiction that are class A misdemeanors under the 9 law of this state, or having elements similar to a class A misdemeanor; two or more 10 convictions arising out of a single continuous episode are considered a single 11 conviction; however, an offense is not a part of a continuous episode if committed 12 while attempting to escape or resist arrest or if it is an assault on a uniformed or 13 otherwise clearly identified peace officer or correctional employee; notice and denial 14 of convictions are governed by AS 12.55.145(b) - (d); 15 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 16 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 17 in the administrative offices of a school district if students are educated at that office; 18 in this paragraph, 19 (A) "school bus" has the meaning given in AS 11.71.900; 20 (B) "school district" has the meaning given in AS 47.07.063; 21 (C) "school grounds" has the meaning given in AS 11.71.900; 22 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 23 the defendant had been previously diagnosed as having or having tested positive for 24 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 25 victim to a risk or a fear that the offense could result in the transmission of HIV or 26 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 27 AS 18.15.310; 28 (34) the defendant committed the offense on, or to affect persons or 29 property on, the premises of a recognized shelter or facility providing services to 30 victims of domestic violence or sexual assault; 31 (3 5) the defendant knowingly directed the conduct constituting the HB0198a -5- HB 198 New Text Underlined 9�DELETED TEXT BRACKETED] 31-LS 1369\M 1 offense at a victim because that person was 65 years of age or older; 2 (36) the defendant committed the offense at a health care facility and 3 knowingly directed the conduct constituting the offense at a medical professional 4 during or because of the medical professional's exercise of professional duties; in this 5 paragraph, 6 (A) "health care facility" has the meaning given in 7 AS 18.07.111; 8 (B) "medical professional" has the meaning given in 9 AS 12.55.135(k); 10 (37) the defendant knowingly caused the victim to become 11 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 12 instrument" has the meaning given in AS 11.81.900(b)(15)(B). HB 198 -6- HB0198a New Text Underlined9IDELETED TEXT BRACKETED] Introduced By: Chilson Date: January 22, 2020 Action: Adopted as Amended Vote: 5 Yes, 1 No CITY OF SOLDOTNA RESOLUTION 2020-006 A RESOLUTION SUPPORTING ALASKA HOUSE BILL 198, AN ACT RELATING TO AGGRAVATING FACTORS CONSIDERED AT SENTENCING WHEREAS, Alaska Statute 12.55.155 defines factors in aggravation and mitigation relating to the sentencing of a defendant convicted of an offense, allowing a court to increase the severity of a sentence for aggravating factors; and WHEREAS, AS 12.55.155(c)(22) specifies factors to include an offense directed at "a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin"; and WHEREAS, hate crime protections outlined in AS 12.55.155(c)(22) do not currently include sexual orientation or gender identity; and WHEREAS, Soldotna is a diverse community, with residents who fall along the full range of the sexual orientation and gender identity spectrums; and WHEREAS, the fundamental civil and human rights of all individuals should be upheld regardless of a person's race, sex, color, creed, disability, ancestry, national origin, sexual orientation, or gender identity; and WHEREAS, acts of racism, bigotry, xenophobia, religious discrimination, and acts of discrimination based on sexual orientation or gender identity have no place in our community; and WHEREAS, Alaska House Bill 198 would amend AS 12.55.155(c) (22) to expand hate crime protections to include "sexual orientation or gender identity"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLDOTNA, ALASKA: Section 1. That the Council of the City of Soldotna supports the expansion of hate crime protections under AS 12.55.155(c)(22) to include "sexual orientation or gender identity" through Alaska House Bill 198 as currently submitted. Section 2. That copies of this resolution shall be mailed to Alaska Representative Gary Knopp, Alaska Representative Ben Carpenter, Alaska Representative, Sarah Vance, and Alaska Senator Peter Micciche. Section 3. This resolution shall become effective immediately upon its adoption. ADOPTED BY THE CITY COUNCIL THIS 22ND DAY OF JANUA`R)Y, 2020. L)e, f &,, { Pete Spa ue, M yo °� ATTEST: Michelle . San MM , City Clerk 20RES006 Page 1 of 2 95 Yes: L. Parker,Whitney, Ruffridge, P. Parker, Chilson No: Carey 20RES006 Page 2 of 2 96 31-LS 1369\M HOUSE BILL NO. 198 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - SECOND SESSION BY REPRESENTATIVES JOSEPHSON,Hopidns Introduced: 1/10/20 Referred: Prefiled A BILL FOR AN ACT ENTITLED 1 "An Act relating to aggravating factors considered at sentencing." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 12.55.155(c)is amended to read: 4 (c) The following factors shall be considered by the sentencing court if proven 5 in accordance with this section, and may allow imposition of a sentence above the 6 presumptive range set out in AS 12.55.125: 7 (1) a person, other than an accomplice, sustained physical injury as a 8 direct result of the defendant's conduct; 9 (2) the defendant's conduct during the commission of the offense 10 manifested deliberate cruelty to another person; 11 (3) the defendant was the leader of a group of three or more persons 12 who participated in the offense; 13 (4) the defendant employed a dangerous instrument in furtherance of 14 the offense; 15 (5) the defendant knew or reasonably should have known that the HB0198a -1- HB 198 New Text Underlined91DELETED TEXT BRACKETED] 31-LS 1369\M 1 victim of the offense was particularly vulnerable or incapable of resistance due to 2 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 3 extreme youth or was for any other reason substantially incapable of exercising 4 normal physical or mental powers of resistance; 5 (6) the defendant's conduct created a risk of imminent physical injury 6 to three or more persons, other than accomplices; 7 (7) a prior felony conviction considered for the purpose of invoking a 8 presumptive range under this chapter was of a more serious class of offense than the 9 present offense; 10 (8) the defendant's prior criminal history includes conduct involving 11 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 12 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 13 combination of assaultive behavior and cruelty to animals proscribed under 14 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 15 means assault that is a felony under AS 11.41, or a similar provision in another 16 jurisdiction; 17 (9) the defendant knew that the offense involved more than one victim; 18 (10) the conduct constituting the offense was among the most serious 19 conduct included in the definition of the offense; 20 (11) the defendant committed the offense under an agreement that the 21 defendant either pay or be paid for the commission of the offense, and the pecuniary 22 incentive was beyond that inherent in the offense itself, 23 (12) the defendant was on release under AS 12.30 for another felony 24 charge or conviction or for a misdemeanor charge or conviction having assault as a 25 necessary element; 26 (13) the defendant knowingly directed the conduct constituting the 27 offense at an active officer of the court or at an active or former judicial officer, 28 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 29 emergency medical technician, paramedic, ambulance attendant, or other emergency 30 responder during or because of the exercise of official duties; 31 (14) the defendant was a member of an organized group of five or HB 198 -2- HB0198a New Text Underlined 91DELETED TEXT BRACKETED] 31-LS 1369\M 1 more persons, and the offense was committed to further the criminal objectives of the 2 group; 3 (15) the defendant has three or more prior felony convictions; 4 (16) the defendant's criminal conduct was designed to obtain 5 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 6 is slight; 7 (17) the offense was one of a continuing series of criminal offenses 8 committed in furtherance of illegal business activities from which the defendant 9 derives a maj or portion of the defendant's income; 10 (18) the offense was a felony 11 (A) specified in AS 11.41 and was committed against a spouse, 12 a former spouse, or a member of the social unit made up of those living 13 together in the same dwelling as the defendant; 14 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 15 has engaged in the same or other conduct prohibited by a provision of 16 AS 11.41.410 - 11.41.460 involving the same or another victim; 17 (C) specified in AS 11.41 that is a crime involving domestic 18 violence and was committed in the physical presence or hearing of a child 19 under 16 years of age who was, at the time of the offense, living within the 20 residence of the victim, the residence of the perpetrator, or the residence where 21 the crime involving domestic violence occurred; 22 (D) specified in AS 11.41 and was committed against a person 23 with whom the defendant has a dating relationship or with whom the defendant 24 has engaged in a sexual relationship; or 25 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 26 the defendant was 10 or more years older than the victim; 27 (19) the defendant's prior criminal history includes an adjudication as a 28 delinquent for conduct that would have been a felony if committed by an adult; 29 (20) the defendant was on furlough under AS 33.30 or on parole or 30 probation for another felony charge or conviction that would be considered a prior 31 felony conviction under AS 12.55.145(a)(1)(B); HB0198a -3- HB 198 New Text Underlined 9dDELETED TEXT BRACKETED] 31-LS 1369\M 1 (21) the defendant has a criminal history of repeated instances of 2 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 3 similar in nature to the offense for which the defendant is being sentenced under this 4 section; 5 (22) the defendant knowingly directed the conduct constituting the 6 offense at a victim because of that person's race, sex, sexual orientation or gender 7 identity,color, creed, physical or mental disability, ancestry, or national origin; 8 (23) the defendant is convicted of an offense specified in AS 11.71 and 9 (A) the offense involved the delivery of a controlled substance 10 under circumstances manifesting an intent to distribute the substance as part of 11 a commercial enterprise; or 12 (B) at the time of the conduct resulting in the conviction, the 13 defendant was caring for or assisting in the care of a child under 10 years of 14 age; 15 (24) the defendant is convicted of an offense specified in AS 11.71 and 16 the offense involved the transportation of controlled substances into the state; 17 (25) the defendant is convicted of an offense specified in AS 11.71 and 18 the offense involved large quantities of a controlled substance; 19 (26) the defendant is convicted of an offense specified in AS 11.71 and 20 the offense involved the distribution of a controlled substance that had been 21 adulterated with a toxic substance; 22 (27) the defendant, being 18 years of age or older, 23 (A) is legally accountable under AS 11.16.110(2) for the 24 conduct of a person who, at the time the offense was committed, was under 18 25 years of age and at least three years younger than the defendant; or 26 (B) is aided or abetted in planning or committing the offense by 27 a person who, at the time the offense was committed, was under 18 years of 28 age and at least three years younger than the defendant; 29 (28) the victim of the offense is a person who provided testimony or 30 evidence related to a prior offense committed by the defendant; 31 (29) the defendant committed the offense for the benefit of, at the HB 198 -4- HB0198a New Text Underline d08DELETED TEXT BRACKETED] 31-LS 1369\M 1 direction of, or in association with a criminal street gang; 2 (30) the defendant is convicted of an offense specified in AS 11.41.410 3 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 4 the victim in furtherance of the offense with the intent to make the victim 5 incapacitated; in this paragraph, "incapacitated" has the meaning given in 6 AS 11.41.470; 7 (31) the defendant's prior criminal history includes convictions for five 8 or more crimes in this or another jurisdiction that are class A misdemeanors under the 9 law of this state, or having elements similar to a class A misdemeanor; two or more 10 convictions arising out of a single continuous episode are considered a single 11 conviction; however, an offense is not a part of a continuous episode if committed 12 while attempting to escape or resist arrest or if it is an assault on a uniformed or 13 otherwise clearly identified peace officer or correctional employee; notice and denial 14 of convictions are governed by AS 12.55.145(b) - (d); 15 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 16 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 17 in the administrative offices of a school district if students are educated at that office; 18 in this paragraph, 19 (A) "school bus" has the meaning given in AS 11.71.900; 20 (B) "school district" has the meaning given in AS 47.07.063; 21 (C) "school grounds" has the meaning given in AS 11.71.900; 22 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 23 the defendant had been previously diagnosed as having or having tested positive for 24 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 25 victim to a risk or a fear that the offense could result in the transmission of HIV or 26 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 27 AS 18.15.310; 28 (34) the defendant committed the offense on, or to affect persons or 29 property on, the premises of a recognized shelter or facility providing services to 30 victims of domestic violence or sexual assault; 31 (3 5) the defendant knowingly directed the conduct constituting the HB0198a -5- HB 198 New Text Underline d0cDELETED TEXT BRACKETED] 31-LS 1369\M 1 offense at a victim because that person was 65 years of age or older; 2 (36) the defendant committed the offense at a health care facility and 3 knowingly directed the conduct constituting the offense at a medical professional 4 during or because of the medical professional's exercise of professional duties; in this 5 paragraph, 6 (A) "health care facility" has the meaning given in 7 AS 18.07.111; 8 (B) "medical professional" has the meaning given in 9 AS 12.55.135(k); 10 (37) the defendant knowingly caused the victim to become 11 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 12 instrument" has the meaning given in AS 11.81.900(b)(15)(B). HB 198 -6- HB0198a New Text Underline d0�DELETED TEXT BRACKETED] ` + Sponsored by: Vice Mayor Molloy and Council Member Navarre KENAI,ALASKA U CITY OF KENAI RESOLUTION NO. 2020-05 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING ALASKA HOUSE BILL 198, AN ACT RELATING TO AGGRAVATING FACTORS CONSIDERED AT SENTENCING. WHEREAS, the City of Kenai is a diverse community, with residents who fall along the full range of sexual orientation and gender identity spectrums; and, WHEREAS, a series of escalating incidents of harassment and assault in the Central Kenai Peninsula, which were apparently targeted against an individual based on sexual orientation, led to a town hall meeting on January 4, 2020 on the issue of public safety; and, WHEREAS, law enforcement officials, elected officials, and over 100 Kenai Peninsula residents attended the public town hall meeting, including many residents of the City of Kenai, who discussed hate crime generally and in the Central Kenai Peninsula; and, WHEREAS, a hate crime may be defined as a criminal offense against a person or property motivated in whole or in part by an offender's bias against the victim's race, religion, disability, sexual orientation, ethnicity, gender, or gender identity; and, WHEREAS, at present, Alaska Statute 12.55.155(c)(22) provides as an aggravating factor for sentencing for a serious crime that "the defendant knowingly directed the conduct constituting the offense at a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin," but does not currently include sexual orientation or gender identity as an aggravating factor for sentencing of a person convicted of the crime; and, WHEREAS, the fundamental civil and human rights of all individuals should be upheld regardless of a person's race, sex, color, creed, disability, ancestry, national origin, sexual orientation, or gender identity; and, WHEREAS, criminal offenses motivated in whole or in part by an offender's bias against the victim's sexual orientation or gender identity have no place in our community; and, WHEREAS, after the town hall meeting, Rep. Andy Josephson introduced HB 198; and, WHEREAS, Alaska House Bill 198 would amend AS 12.55.155(c)(22) to expand hate crime protections to include "sexual orientation or gender identity"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City of Kenai supports the expansion of hate crime protection under AS 12.55.155(c)(22) to include "sexual orientation or gender identity" as an aggravating factor for 103 Resolution No. 2020-05 Page 2 of 2 sentencing of a person convicted of a crime through Alaska House Bill 198 if the substance of HB 198 as enacted is substantially the same as pre-filed HB 198. Section 2. That copies of this resolution shall be forwarded to Alaska Representative Gary Knopp, Alaska Representative Ben Carpenter, Alaska Representative Sara Vance, and Alaska Senator Peter Micciche. Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5tn day of February, 2020. BRIAN GABRIEL, SR., MAYOR ATTEST: J i Heinz, CMC, City ClerO4�DEED 104 r,. r GGQ�Pr 6!/N Q Pad, CAI wN Q A a(w, 210 Fidalgo Ave, Kenai,Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 Meci�y0 www.kenai.city KENAI,ALASKA MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council Members CC: Paul Ostrander, City Manager; Administration FROM: Vice-Mayor Bob Molloy and Council Member Tim Navarre DATE: January 27, 2020 SUBJECT: Resolution No. 2020-05— Supporting Alaska House Bill 198 Resolution 2020-05 expresses the Kenai City Council's support of House Bill 198, An Act Relating To Aggravating Factors Considered At Sentencing, pre-filed by Rep. Andy Josephson of Anchorage for the Alaska State Legislature's session in 2020, if the substance of HB 198 as enacted is substantially the same as pre-filed HB 198. A series of escalating incidents of harassment and assault in the Central Kenai Peninsula in 2019, which apparently were targeted against an individual based on sexual orientation, led to a town hall meeting on January 4, 2020 on the issue of public safety. This town hall meeting, open to the public, was attended by over 100 Kenai Peninsula residents, including many residents of the City of Kenai, as well as law enforcement officials and elected officials. Many individuals spoke about incidents of harassment and violence that they had experienced based on their sexual orientation or gender identity. At the town hall meeting, protection against hate crime was discussed. A hate crime may be defined as a criminal offense against a person or property motivated in whole or in part by an offender's bias against the victim's race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. At present, Alaska Statute 12.55.155(c)(22) provides as an aggravating factor for sentencing for a serious crime that "the defendant knowingly directed the conduct constituting the offense at a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin," but does not include sexual orientation or gender identity as an aggravating factor for sentencing of a person convicted of the crime. After the town hall meeting, Rep. Andy Josephson of Anchorage pre-filed HB 198, and cited incidents in 2019 and this town hall meeting as some of the reasons for this bill. HB 198 would amend AS 12.55.155(c)(22) to expand hate crime protections to include "sexual orientation or gender identity" as aggravating factors for sentencing of a person convicted of a crime. A finding of an aggravating factor allows the sentencing court to increase a presumptive sentence for a crime up to the maximum sentence for that crime. 105 Page 2 of 2 Resolution No. 2020-05 The City of Kenai is a diverse community, with residents who fall along the full range of sexual orientation and gender identity spectrums. As a matter of public safety, criminal offenses motivated in whole or in part by an offender's bias against the victim's sexual orientation or gender identity have no place in our community. Council's support of Resolution 2020-05 is respectfully requested. 106 31-LS1369\M HOUSE BILL NO. 198 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - SECOND SESSION BY REPRESENTATIVES JOSEPHSON,Hopkins,Knopp,Kreiss-Tomkins,Spohnholz,Tuck Introduced: 1/21/20 Referred: State Affairs,Judiciary A BILL FOR AN ACT ENTITLED 1 "An Act relating to aggravating factors considered at sentencing." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 Section 1. AS 12.55.155(c) is amended to read: 4 (c) The following factors shall be considered by the sentencing court if proven 5 in accordance with this section, and may allow imposition of a sentence above the 6 presumptive range set out in AS 12.55.125: 7 (1) a person, other than an accomplice, sustained physical injury as a 8 direct result of the defendant's conduct; 9 (2) the defendant's conduct during the commission of the offense 10 manifested deliberate cruelty to another person; 11 (3) the defendant was the leader of a group of three or more persons 12 who participated in the offense; 13 (4) the defendant employed a dangerous instrument in furtherance of 14 the offense; 15 (5) the defendant knew or reasonably should have known that the HB0198a -1- HB 198 New Text Underlined�OPELETED TEXT BRACKETED] 31-LS1369\M 1 victim of the offense was particularly vulnerable or incapable of resistance due to 2 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 3 extreme youth or was for any other reason substantially incapable of exercising 4 normal physical or mental powers of resistance; 5 (6) the defendant's conduct created a risk of imminent physical injury 6 to three or more persons, other than accomplices; 7 (7) a prior felony conviction considered for the purpose of invoking a 8 presumptive range under this chapter was of a more serious class of offense than the 9 present offense; 10 (8) the defendant's prior criminal history includes conduct involving 11 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 12 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 13 combination of assaultive behavior and cruelty to animals proscribed under 14 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 15 means assault that is a felony under AS 11.41, or a similar provision in another 16 jurisdiction; 17 (9) the defendant knew that the offense involved more than one victim; 18 (10) the conduct constituting the offense was among the most serious 19 conduct included in the definition of the offense; 20 (11) the defendant committed the offense under an agreement that the 21 defendant either pay or be paid for the commission of the offense, and the pecuniary 22 incentive was beyond that inherent in the offense itself, 23 (12) the defendant was on release under AS 12.30 for another felony 24 charge or conviction or for a misdemeanor charge or conviction having assault as a 25 necessary element; 26 (13) the defendant knowingly directed the conduct constituting the 27 offense at an active officer of the court or at an active or former judicial officer, 28 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 29 emergency medical technician, paramedic, ambulance attendant, or other emergency 30 responder during or because of the exercise of official duties; 31 (14) the defendant was a member of an organized group of five or HB 198 -2- HB0198a New Text Underlined�OPELETED TEXT BRACKETED] 31-LS1369\M 1 more persons, and the offense was committed to further the criminal objectives of the 2 group; 3 (15) the defendant has three or more prior felony convictions; 4 (16) the defendant's criminal conduct was designed to obtain 5 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 6 is slight; 7 (17) the offense was one of a continuing series of criminal offenses 8 committed in furtherance of illegal business activities from which the defendant 9 derives a major portion of the defendant's income; 10 (18) the offense was a felony l l (A) specified in AS 11.41 and was committed against a spouse, 12 a former spouse, or a member of the social unit made up of those living 13 together in the same dwelling as the defendant; 14 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 15 has engaged in the same or other conduct prohibited by a provision of 16 AS 11.41.410 - 11.41.460 involving the same or another victim; 17 (C) specified in AS 11.41 that is a crime involving domestic 18 violence and was committed in the physical presence or hearing of a child 19 under 16 years of age who was, at the time of the offense, living within the 20 residence of the victim, the residence of the perpetrator, or the residence where 21 the crime involving domestic violence occurred; 22 (D) specified in AS 11.41 and was committed against a person 23 with whom the defendant has a dating relationship or with whom the defendant 24 has engaged in a sexual relationship; or 25 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 26 the defendant was 10 or more years older than the victim; 27 (19) the defendant's prior criminal history includes an adjudication as a 28 delinquent for conduct that would have been a felony if committed by an adult; 29 (20) the defendant was on furlough under AS 33.30 or on parole or 30 probation for another felony charge or conviction that would be considered a prior 31 felony conviction under AS 12.55.145(a)(1)(B); HB0198a -3- HB 198 New Text Underlined�06DELETED TEXT BRACKETED] 31-LS1369\M 1 (21) the defendant has a criminal history of repeated instances of 2 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 3 similar in nature to the offense for which the defendant is being sentenced under this 4 section; 5 (22) the defendant knowingly directed the conduct constituting the 6 offense at a victim because of that person's race, sex, sexual orientation or gender 7 identity, color, creed, physical or mental disability, ancestry, or national origin; 8 (23) the defendant is convicted of an offense specified in AS 11.71 and 9 (A) the offense involved the delivery of a controlled substance 10 under circumstances manifesting an intent to distribute the substance as part of 11 a commercial enterprise; or 12 (B) at the time of the conduct resulting in the conviction, the 13 defendant was caring for or assisting in the care of a child under 10 years of 14 age; 15 (24) the defendant is convicted of an offense specified in AS 11.71 and 16 the offense involved the transportation of controlled substances into the state; 17 (25) the defendant is convicted of an offense specified in AS 11.71 and 18 the offense involved large quantities of a controlled substance; 19 (26) the defendant is convicted of an offense specified in AS 11.71 and 20 the offense involved the distribution of a controlled substance that had been 21 adulterated with a toxic substance; 22 (27) the defendant, being 18 years of age or older, 23 (A) is legally accountable under AS 11.16.110(2) for the 24 conduct of a person who, at the time the offense was committed, was under 18 25 years of age and at least three years younger than the defendant; or 26 (B) is aided or abetted in planning or committing the offense by 27 a person who, at the time the offense was committed, was under 18 years of 28 age and at least three years younger than the defendant; 29 (28) the victim of the offense is a person who provided testimony or 30 evidence related to a prior offense committed by the defendant; 31 (29) the defendant committed the offense for the benefit of, at the HB 198 -4- HB0198a New Text Underline d�16DELETED TEXT BRACKETED] 31-LS1369\M 1 direction of, or in association with a criminal street gang; 2 (30) the defendant is convicted of an offense specified in AS 11.41.410 3 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 4 the victim in furtherance of the offense with the intent to make the victim 5 incapacitated; in this paragraph, "incapacitated" has the meaning given in 6 AS 11.41.470; 7 (31) the defendant's prior criminal history includes convictions for five 8 or more crimes in this or another jurisdiction that are class A misdemeanors under the 9 law of this state, or having elements similar to a class A misdemeanor; two or more 10 convictions arising out of a single continuous episode are considered a single 11 conviction; however, an offense is not a part of a continuous episode if committed 12 while attempting to escape or resist arrest or if it is an assault on a uniformed or 13 otherwise clearly identified peace officer or correctional employee; notice and denial 14 of convictions are governed by AS 12.55.145(b) - (d); 15 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 16 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 17 in the administrative offices of a school district if students are educated at that office; 18 in this paragraph, 19 (A) "school bus" has the meaning given in AS 11.71.900; 20 (B) "school district" has the meaning given in AS 47.07.063; 21 (C) "school grounds" has the meaning given in AS 11.71.900; 22 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 23 the defendant had been previously diagnosed as having or having tested positive for 24 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 25 victim to a risk or a fear that the offense could result in the transmission of HIV or 26 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 27 AS 18.15.310; 28 (34) the defendant committed the offense on, or to affect persons or 29 property on, the premises of a recognized shelter or facility providing services to 30 victims of domestic violence or sexual assault; 31 (35) the defendant knowingly directed the conduct constituting the HB0198a -5- HB 198 New Text Underline d�1�DELETED TEXT BRACKETED] 31-LS1369\M 1 offense at a victim because that person was 65 years of age or older; 2 (36) the defendant committed the offense at a health care facility and 3 knowingly directed the conduct constituting the offense at a medical professional 4 during or because of the medical professional's exercise of professional duties; in this 5 paragraph, 6 (A) "health care facility" has the meaning given in 7 AS 18.07.111; 8 (B) "medical professional" has the meaning given in 9 AS 12.55.135(k); 10 (37) the defendant knowingly caused the victim to become 11 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 12 instrument" has the meaning given in AS 11.81.900(b)(15)(B). HB 198 -6- HB0198a New Text Underline d�1PELETED TEXT BRACKETED] Introduced by: Cooper,Smalley Date: 02/25/20 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2020-016 A RESOLUTION SUPPORTING ALASKA HOUSE BILL 198,AN ACT RELATING TO AGGRAVATING FACTORS CONSIDERED AT SENTENCING WHEREAS, the Kenai Peninsula Borough is a diverse community,with residents who fall along the full range of sexual orientation and gender identity spectrums; and WHEREAS, a series of escalating incidents of harassment and assault in the Kenai Peninsula Borough, which were apparently targeted against an individual based on sexual orientation, led to a town hall meeting on January 4, 2020, on the issue of public safety; and WHEREAS, law enforcement officials, elected officials, and over 100 Kenai Peninsula Borough residents attended the public town hall meeting,who discussed hate crime generally and in the Kenai Peninsula Borough; and WHEREAS, a hate crime may be defined as a criminal offense against a person or property motivated in whole or in part by an offender's bias against the victim's race, religion, disability, sexual orientation, ethnicity, gender, or gender identity; and WHEREAS, at present, Alaska Statute 12.55.155(c)(22) provides as an aggravating factor for sentencing for a serious crime that "the defendant knowingly directed the conduct constituting the offense at a victim because of that person's race, sex, color, creed, physical or mental disability, ancestry, or national origin," but does not currently include sexual orientation or gender identity as an aggravating factor for sentencing of a person convicted of the crime; and WHEREAS, the fundamental civil and human rights of all individuals should be upheld regardless of a person's race, sex, color, creed, disability, ancestry, national origin, sexual orientation, or gender identity; and WHEREAS, criminal offenses motivated in whole or in part by an offender's bias against the victim's sexual orientation or gender identity have no place in our community; and WHEREAS, after the town hall meeting, Rep. Andy Josephson introduced HB 198; and WHEREAS, Alaska House Bill 198 would amend AS 12.55.155(c)(22) to expand hate crime protections to include "sexual orientation or gender identity"; Kenai Peninsula Borough Alaska Resolution 2020-016 Page 1 of 2 113 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the Kenai Peninsula Borough Assembly supports the expansion of hate crime protection under AS 12.55.155(c)(22) to include "sexual orientation or gender identity" as an aggravating factor for sentencing of a person convicted of a crime through Alaska House Bill 198 if the substance of HB 198 as enacted is substantially the same as pre-filed HB 198. Section 2. That copies of this resolution shall be forwarded to Alaska Representative Gary Knopp, Alaska Representative Ben Carpenter, Alaska Representative Sara Vance, and Alaska Senator Peter Micciche. Section 3. That this resolution takes effect immediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 25TH DAY OF FEBRUARY, 2019. Kelly Cooper, Assembly President ATTEST: Johni Blankenship, MMC, Borough Clerk Yes: No: Absent: Resolution 2020-016 Kenai Peninsula Borough,Alaska Page 2 of 2 114 City of Seward,Alaska City Council Special Meeting Minutes February 24, 2020 Volume 41,Page CALL TO ORDER The February 24, 2020 special meeting of the Seward City Council was called to order at 5:00 p.m. by Mayor Christy Terry. OPENING CEREMONY City Manager Scott Meszaros led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure shaf ,i Seese John Osenga Tony Baclaan Dale Butts Julie Crites comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Excused— Seese Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold shared her opinions on the various law firms. She believed Landye Bennett Blumstein had the largest pool of attorneys with the most experience,and thought this firm would be the best match for Seward. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. NEW BUSINESS Other New Business 115 City of Seward,Alaska City Council Special Meeting Minutes February 24, 2020 Volume 41,Page Review and score the responsive proposals for the City's legal services. Terry outlined that the packet included the actual proposal,the city manager's memo,and the responsive proposals from each firm. Terry added that Birch Hortner Bittner & Cherot had not submitted a proposal, so they would not be considered tonight,although their flat fee agreement had been included in the packet for comparison purposes. Terry requested that council relax the rules to allow for easy council engagement and discussion; there was no objection from council. Terry asked the city manager for his recommendation on how to approach the scoring of these proposals. Meszaros said he had provided a memorandum in the packet outlining his recommendations. He considered all firms to be qualified, and all proposals were responsive;there were, however, various pros and cons with each one. Meszaros expressed concerns about the back log of work the city had with the current city attorney firm.He added that he wished for a cleaner pathway for delegating work to the city attorney so they understood what priorities to work on;he thought council should be in charge of making the decisions for prioritizing the city attorney's workload.In response,Terry wondered if establishing a budget line item for each department for legal services would help. She added that, sometimes the city attorney was engaged in legal reviews on items that were discussed,that council did not always ask for,so perhaps there could be some confirmation sought from council as to whether they wished the attorney to be engaged on certain items. Baclaan said most legal fees fell under council's budget, and when referencing a back log of work,he thought that spoke to the firm's ability to get work done in a timely and efficient manner. Baclaan was concerned that the current firm's billing did not provide enough details to identify where and how the hours and costs were actually being spent;he looked forward to receiving more clearly outlined bills. Terry suggested that each proposal be reviewed,and then council could decide which firm(s) they wished to interview. Landye Bennett Blumstein, LLP Meszaros said Landye Bennett Blumstein LLP(LBB)also represented the Alaska Municipal League/Joint Insurance Association (AML/JIA) as a client. He said, because of this, if the City of Seward ever had a conflict with the Alaska Municipal League(AML)or with AML/JIA in the future, there would be the potential for the city having to find a different firm to work with. Baclaan appreciated that LBB included training for council in their proposal, as well as the consideration of combining expertise and not duplicating it. He also liked that there were two fee options included. Terry was pleased to see the City of Wasilla included as a reference because they were doing good things,as well as Nils Andreassen from AML;she wished to have all references checked for all 116 City of Seward,Alaska City Council Special Meeting Minutes February 24, 2020 Volume 41,Page the firms.Baclaan added that he had been impressed with the presentation that Matt Mead from LBB had provided at the AML Conference. Osenga wondered how many attorney hours the city had used for the past couple of months. Meszaros said the total for January was 75 hours.In response to Butts,Meszaros did not confirm that any current litigation that the city was involved with now would have to be completed by the current law firm, but said there would be a transition plan developed for day-to-day items. Terry stated that she was interested in having this firm's references checked and was interested in interviewing them; council verbally concurred. Boyd, Chandler, Falconer & Munson,LLP Baclaan appreciated that this firm had experience with city code, zoning, building codes, derelict buildings and vessels,planning and zoning enforcement, labor law, and utilities. McClure was concerned that this firm's practice was to attend council meetings in person only when council requested their attendance, and not as a matter of standard practice; she thought council had become accustomed to having the attorney present once a month,although perhaps that was unnecessary. Baclaan thought the current attorney usually spoke to their monthly report when they were in attendance at council meetings, and so he didn't think that was enough reason to have them attend in person. Terry was concerned that this firm suggested providing annual reports to council rather than monthly. She believed council needed to be thoughtful and deliberative, and so annual reports seemed too infrequent. In response to Terry, Meszaros said when the current attorney traveled to Seward to attend a council meeting; they usually stayed the day after to work with administration. Jermain, Dunnagan & Owens,PC Meszaros said this firm was recently fired by the City of Homer, and they had been the City of Seward's bond attorney firm for many years. Terry wondered what"computerized legal research access" meant in their proposal. Baclaan said he received feedback from council members from other cities about this firm that indicated difficulty getting responses from the firm; one city also indicated the fees had increased up and up over time. Baclaan said he thought the proposal was fairly vague and lacked specifics. Terry was pleased to see the Kenai Peninsula Borough listed as a reference for this firm,and McClure concurred. Baclaan added that Michael Gotti gave a great presentation at the AML Conference relating to the Open Meetings Act. Butts thought this firm had the most staff and promoted themselves as a full-service law firm. 117 City of Seward,Alaska City Council Special Meeting Minutes February 24, 2020 Volume 41,Page Motion (Terry/McClure) Invite Landye Bennett Blumstein,LLP to interview with council. Motion Passed Yes:Osenga,McClure,Butts,Crites,Terry No: Baclaan Motion (Terry/McClure) Invite Boyd,Chandler,Falconer&Munson, LLP to interview with council. Motion Passed Unanimous Motion (Terry/McClure) Invite Jermain,Dunnagan&Owens,PC to interview with council. Motion Failed Yes: Crites No: Baclaan, Osenga, McClure, Butts, Terry Council directed the city manager and city clerk to coordinate scheduling the public interviews. Current Flat Fee Agreement with Birch Horton Bittner & Cherot,Inc. There was no discussion related to this item. CITIZEN COMMENTS Carol Griswold suggested that a flat fee billing may not be appropriate for the city, and she appreciated the possibility of having the attorney attend council meetings only as needed. She supported having monthly, or even weekly,reports on hours spent. Griswold thought the main lead attorney should be present during the interview. She reminded everyone how complicated Seward was, and wanted to be sure the new firm could handle it. Lynda Paquette was excited about the potential of having a new firm, and appreciated that council was being mindful of expenses. Paquette suggested perhaps Skype could be used for the attorney to be virtually present at council meetings in order to save on costs. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Baclaan thanked Carol Griswold and Lynda Paquette for attending the meeting and providing comments. Crites appreciated the public's input. Terry wondered what questions would be asked at the interview. 118 City of Seward,Alaska City Council Special Meeting Minutes February 24, 2020 Volume 41,Page ADJOURNMENT The meeting was adjourned at 5:58 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 119 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page CALL TO ORDER The February 24, 2020 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure shaf ,i Seese John Osenga Tony Baclaan Dale Butts Julie Crites comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Jennifer Alexander, City Attorney Excused— Seese Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jessi Bradshaw was interested in serving on the Planning&Zoning Commission. She had been living in Seward for about five years. She loved the town, helped coach the rowing team, worked remotely for a tech company, and had been an Olympic athlete trainee in 2012. Steve Leirer said 20 acres had recently been donated to the Kenai Peninsula Borough. He and his family owned some property near that property, at the head of the bay, and thought perhaps he would deed it over to the city. After serving on the Seward Airport Committee, he understood how important it was to control the Resurrection River in order to protect the infrastructure. Leirer said he would contact the planning department to determine next steps. Cindy Ecklund was up for re-appointment on the Planning&Zoning Commission,and was interested in continuing her service. She supported Liz DeMoss being appointed to the commission, as well, because DeMoss was a real estate agent and a business owner. 120 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page Carol Griswold wanted to speak about Ordinance 20-001. She said at the January 27,2020 council meeting,the city attorney was asked to provide guidance on illegal spot zoning,but there was no information included in the packet. Griswold believed this rezone was an illegal spot zone, and the ordinance should be amended to R2 to comply with the Land Use Plan.Mayor Terry interrupted the speaker and requested she come back with her comments during the public hearing. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Baclaan) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-016, Authorizing The City Manager To Utilize The On-Call Engineering Contract With R&M Consultants Inc. For Engineering Support Services For The Replacement Of G, K, And L Floats At The Seward Boat Harbor In An Amount Not To Exceed $137,059,And Appropriating Funds. Resolution 2020-017,Delegating Authority To The Kenai Peninsula Borough To Implement, Administer, And Enforce The Provision Of The Uniform Code To The Alaska Intergovernmental Remote Sales Tax Commission, And Supporting Adoption Of Kenai Peninsula Borough Ordinance 2020-03. Approval of the February 10, 2020 City Council Regular Meeting Minutes. Schedule joint work sessions with the Boards & Commissions to review annual priorities on March 9,2020 starting at 5:15 p.m.for the Port&Commerce Advisory Board(PACAB),5:45 p.m. for the Planning & Zoning Commission (P&Z), and 6:15 p.m. for the Historic Preservation Commission (HP). SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards —None City Manager Report.Scott Meszaros reported the following purchase orders over$5,000 had been approved by the City Manager since the last council meeting: No report was provided. Baclaan wondered if the city wanted to participate in Wellness Week,specifically perhaps the Police and Fire Departments. In response to Terry, Baclaan said there would be several events scheduled, and he believed things would start on March 27, 2020 and go through the first week of April. Meszaros said he had reached out to both chiefs, and would follow up and provide council with updates on the city's involvement. Baclaan thanked Fire Chief Clinton Crites for the detailed report included in the City 121 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page Manager Report. City Attorney Report.Jennifer Alexander was filling in tonight for Holly Wells,and said the city attorney report was in the packet. In response to Baclaan, Alexander said the firm regularly furnished detailed invoices to the city. Other Reports and Announcements Chamber of Commerce Report. Jason Bickling said last Saturday was the chamber's Community Awards Night; this was the first time the membership nominated and voted on the awards. The Seward Marine Front committee met last week and was focusing on prioritizing issues, such as solving some supply chain concerns. There would be a Sustainable Tourism meeting on Thursday at the K.M.Rae Building to discuss maximizing experience while minimizing impact.On March 12,2020 there would be a State of the Chamber presentation at 12:00 p.m. at the Breeze Inn. Baclaan thanked Bickling for the awards event and said the chamber staff was great. He wondered how Seward's chamber budget compared to other communities. In response to Baclaan, Bickling said the chamber would start advertising tomorrow for the destination marketing and advertising staff position. Presentations 2020 Census Presentation by Griffin Plush. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 20-001,Amending The Land Use Plan And Zoning Designation Of The West Half Of Federal Addition Blocks 7, 14, And 17, Except Lot 7A Block 17, From Single Family Residential(Rl)And Two Family Residential(R2)To Office Residential(OR). This ordinance was introduced and amended on January 13, 2020. It had a first public hearing on January 27, 2020 and was postponed. It is coming back tonight for a second public hearing and enactment. The ordinance was first moved by McClure and seconded by Osenga, and the main motion is now back on the floor. Community Development Director Jackie Wilde said this rezone supported the future use of many of the properties being affected. This rezone,in her and the city attorney's opinion,was not spot zoning, and was consistent with the guidelines provided in the Comprehensive Plan. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. 122 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page Carol Griswold was alarmed by the commercialization of the residential zones. She wanted to live in a town that was zoned residential, and not commercial. She thought this rezone would destroy a valuable residential neighborhood. Griswold saw this rezone as benefitting only the residents in this specific area, and not the whole town. Cindy Ecklund was the applicant for this rezone. She said Office Residential zoning supported residential development. No one else appeared and the public hearing was closed. In response to Osenga, Wilde said there were 13 lots affected, three of which were double lots. In response to Terry, Wilde said the total area affected was 1.69 acres. In response to Terry, Wilde confirmed that,due to the size of the area under consideration,the zoning was not required to be contiguous. In response to Terry, Wilde said single family homes were allowed in an Office Residential (OR) area. Osenga expressed concerns about the potential impact on residential housing,since so many people talk about a housing shortage in Seward. In response, Wilde said accessory dwelling unit were allowed in OR, so someone who owned a home could convert a garage into an apartment if they wished.Baclaan thought this rezone had the potential to both cut housing and increase housing; there were pros and cons to this rezone. Baclaan thought it would be interesting to see how the opening of a new hotel,new micro-apartments,and 11 new homes in the Gateway subdivision would impact the housing shortage in Seward;perhaps the nightly rental market would become saturated. Butts thought this rezone would allow the current residents the opportunity to expand the potential uses of their properties. Motion Passed Unanimous UNFINISHED BUSINESS —None NEW BUSINESS Other New Business Schedule a second work session to continue discussing Electric Department rates, classifications, utility infrastructure management, current contract regarding power factor adjustment penalty,current status/process of selling electric utility,update on current demand meter project,update on the air-to-air project,clarifying billing,and timeline or schedule for pole replacement. Council scheduled a work session on March 23, 2020 at 5:00 p.m. Schedule a joint work session with the Seward Bear Creek Flood Service Area Board (SBCFSAB) to discuss diverting the Resurrection River back to the east bank channel. 123 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page Motion (Terry/McClure) Schedule a joint work session with the Seward Bear Creek Flood Service Area Board (SBCFSAB) on March 16, 2020 at 6:00 p.m.to discuss mitigation measures for Resurrection River. Motion Passed Unanimous Appoint two (2)council members to attend legislative meetings in Washington,D.C. in April, 2020. Terry said it was most effective to have two members of council attend these meetings; she could not attend. In response, Osenga expressed interest in attending, as well as Baclaan. Baclaan said Lynda Paquette would also be interested in attending as a representative of the Port & Commerce Advisory Board (PACAB), and she would pay for her own expenses. Terry wished to keep the focus on council's priorities. Terry said the airport should be a priority being discussed, and requested that the city's federal lobbyist be prepared to discuss; she learned in Juneau that there were 9 federal dollars to every 1 state dollar at stake, so it was much more appropriate to have a federal-level discussion. Follow up discussion and responses to the questions from the Electric Department work session held on February 3,2020. Electric Utility Manager John Foutz said he provided a laydown of responses to council's questions from the February 3, 2020 work session. In response to Foutz, Terry said PACAB had provided a recommendation for providing rebates for air-to-air heat pumps. In response to Terry,Baclaan said he wanted the demand meter policy discussion to continue; perhaps the final decision of requiring a customer to have a demand meter could be made less subjective by including a review by the finance director along with, and in support of, the electric utility manager's decision. Baclaan wished to clarify that the original questions he had regarding Chugach was how much the city paid Chugach versus how much the city sold;the laydown provided only the first half of that answer.Foutz was working with the finance department to find an answer,but it was difficult because there was a three month lag for the Chugach bills. In response to Terry,Foutz said he had already reached out to the city's two largest customers who were being impacted by the power factor adjustment costs. Baclaan wondered if the city was utilizing all the tools available within the city's finance software program to display information on customers' bills to help educate and inform. 124 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page Vote and appoint two (2) applicants for the Planning & Zoning Commission with terms to expire February,2023.Applicants are: Cindy Ecklund,Jessi Bradshaw, and Liz DeMoss. City Clerk Brenda Ballou passed out ballots to council,collected them, and read the first vote counts: Ecklund 5 Bradshaw 0 DeMoss 5 Motion (Terry/McClure) Appoint Cindy Ecklund and Liz DeMoss to the Planning & Zoning Commission with terms to expire February,2023. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS On-Going City Project and Goal List. January, 2020 City and Providence Financials. CITIZEN COMMENTS Cindy Ecklund thanked council for approving Ordinance 20-001. Regarding the salmon stream along Second Avenue, the culverts from the lagoon had been raised, and public works told her it was done purposefully to prevent salmon from going upstream and mitigate bear activity. Liz DeMoss thanked council for voting her onto the Planning&Zoning Commission(P&Z). Norm Regis attended the Harbormasters Association meeting in Juneau last week;one of the updates he learned was that vessels will automatically be registered when fishermen registered for their fishing licenses. The state announced it had started tracking derelict vessels through the Division of Natural Resources (DNR). COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Wilde thanked council for the process for the rezone ordinance. She reminded everyone that P&Z would have a work session on Thursday to discuss walkable murals. Crites appreciated being on council; she had done her homework and was pleased to be involved in the process. 125 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page Baclaan complimented Mayor Terry for doing an amazing j ob representing Seward in Juneau last week; she was very knowledgeable about Seward history. He also complimented the harbormaster and the city manager for representing the city well.Baclaan encouraged every citizen to pick one service project in the community and get involved. Butts congratulated Cindy Ecklund and Liz DeMoss. He thanked everyone who attended tonight's meetings, and appreciated all the emails that he received from citizens. He reminded everyone to wash their hands. Osenga thanked everyone for coming tonight.He enjoyed the 2020 census presentation,and congratulated Cindy Ecklund and Liz DeMoss. McClure thanked all three applicants,and congratulated Cindy Ecklund and Liz DeMoss. She had received a compliment about the roads in Seward being well taken care of,and she expressed her appreciation to the Public Works Department. On Thursday,Lee Poleske would be presenting at the Resurrection Bay Historical Society (RBHS) about the Iditarod at 7:00 p.m. at the library. Terry congratulated Chamber of Commerce award winners Tony Baclaan, Amy Hankins, Kevin & Stacey Lane, Scott Reierson, and Cindy Clock. She commended Baclaan for his many service efforts in so many ways throughout the community. Terry was proud to be in Juneau with Baclaan. Terry thanked everyone for applying for P&Z. She wished Vice Mayor McClure a happy birthday. EXECUTIVE SESSION Go into executive session to evaluate the City Clerk. Motion (Terry/McClure) Go into executive session to evaluate the City Clerk following a five minute recess. Motion Passed Unanimous Council recessed at 9:20 p.m. Council resumed at 9:25 p.m. Council went into executive session at 9:25 p.m. Council came out of executive session at 10:25 p.m. 126 City of Seward,Alaska City Council Minutes February 24, 2020 Volume 41,Page ADJOURNMENT The meeting was adjourned at 10:25 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 127 LRECEINED CITY OF SEWARD, ALASKA APPLICATION FOR THE F SE ARD HISTORIC PRESERVATION COMMISSION NAME: STREET ADDRESS: j •fir / (�r1 �. ,e rc "1� MAILING ADDRESS: E-MAIL ADDRESS c�, r HOME TELEPHONE:��7.7 ` `f r�- LENGTH OF RESIDENCY IN THE SEWARD AREA: PRESENTLY EMPLOYED AS: _9:r::: 1�'I//) List any special training, education or background such as writing, history, architecture, or archeology, which may help you as a member of the Commission: Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: '2 tr l l� am specifically interested in serving on the Historic Preservation Commission because: f G� Have you ever served on//a similar commission elsewhere? Y or No If so, where? _ Wz(.flL� i5- rvcf` `Ad w n? r�-!� 1. -r rJ a l J If appointed, are you willing to: • Do historic research? Y NO • Work on preparing grant applications? YE NO � �' • Work on writing historic register noinations? NO • A d historic prese ation w shops? NO GNATURE DATE 128 ONGOING CITY PROJECTS & GOALS March 9, 2020 City Council Meeting ADA ACCESSIBLE PARKING AT CITY HALL September 27, 2019 At the September 23, 2019 meeting, Public Works Director Doug Schoessler reported that he received an engineer's estimate of$36,000 plus a$3,000 contingency for the project. Schoessler recommended that the project be delayed until the springtime to avoid potential winter salt damage to the new concrete. There was no ob jection rom council. RETAINING WALL AT CITY HALL September 27, 2019 1 Postponed until springtime, along with ADA accessible parking at City Hall project. SET LOCATION FOR SATELLITE FIRE STATION AND PUBLIC WORKS BUILDING September 27, 2019 1 Staff working with DOT regarding the shop ro er . DISCUSSION ON AIR FORCE RECREATION CAMP SITE October 28, 2019 The agenda item "Discuss the Fort Raymond property and engineering report, and give direction to the city manager on how toproceed"was removed from the agenda. INCENTIVIZE FAMILY ENTERTAINMENT-TYPE BUSINESSES TO COME TO SEWARD April 22, 2019 Administration briefed R&M on the Fort Raymond property project and indicated this as the first priority in their contract for engineering services. Administration is working on a scope of work in order to obtain a quote for this effort and has indicated that the city would like to see options presented to city council that would include sizable lots suitable for these types of businesses. SALTWATER HEAT PUMP PROJECT September 23, 2019 1 Presentation on PA CAB on Wednesday 9118119. Engineering estimates will be obtained. ENERGY EFFICIENCY OF CITY HALL (See Saltwater Heat Pump Project) September 23, 2019 1 No updates at this time. GROUND TRANSPORTATION FOR AMBULANCE SERVICES April 22, 2019 1 No updates at this time. ANIMAL SHELTER RELOCATION—new location is at 605 Sea Lion Drive September 27, 2019 1 City Manager received survey work estimates and will schedule for an upcoming meeting. EXPLORE POSSIBILITIES FOR CREATING A REVENUE STREAM FOR THE ANIMAL SHELTER AND SOS PETS October 22, 2018 Staff and organizing groups have indicated that a dog washing station will be included in the design and build of the new Animal Shelter. UPDATE THE KPB TSUNAMI WARNING MESSAGE TO INCLUDE SPECIFIC REFERENCE TO THE LOCAL RADIO STATION (91.7/106.1) September 23, 2019 1 City manager scheduling a conversation with Kenn Carpenter to discuss. AFFORDABLE HOUSING(INCLUDING SUMMER WORKER HOUSING) November 12, 2019 Council directed the city manager to bring forward a Resolution for Public Hearing on December 9, 2019. SEWARD COMMUNITY HEALTH CARE CENTER EXPANSION May 13, 2019 The Seward Community Health Center conducted a public forum on May 7, 2019 regarding expansion. 1 129 ONGOING CITY PROJECTS & GOALS March 9, 2020 City Council Meeting BUILDING MAINTENANCE October 22, 2019 1 Library HVAC cleaning and maintenance updates. LED LIGHT CONVERSIONS January 28, 2019 1 A City shop office was upgraded to LED lights. PURSUE AVENUES TO INCREASE WINTER RECREATION OPPORTUNITIES September 27, 2019 1 Presented idea for Parks &Rec regarding Nordic Skiing ideas. CONDUCT CITY-WIDE DISASTER EXERCISE TO INCLUDE MOVING RESOURCES, EVACUATION FO THE PUBLIC,ENGAGING OUTSIDE AGENCIES,AND PUBLIC INFORMATION DISSEMINATION April 19, 2019 1 The city conducted a community-wide drill. EXTEND CITY UTILITIES INTO VIABLE AREAS TO SUPPORT FUTURE RESIDENTIAL HOUSING September 23, 2019 1 Stoney Creek electrical expansion. IMPROVE COUNCIL CHAMBERS TO ALLOW CITIZENS TO MORE CLEARLY HEAR AND EXPERIENCE MEETINGS January 6, 2020 Giant television installed in council chambers to allow for more streamlinedpresentation process and improved viewing by the public audience and council seated at the dais. IMPROVE CITY WEBSITE TO INCREASE EASE OF USE BY THE PUBLIC January 6, 2020 Work session to demonstrate new website and discuss the city's social media and communications policies. LOWELL POINT ROAD STORM DAMAGE REPAIR February 14, 2020 Hamilton resumed construction on Lowell Point Road;public service announcement sent out to notes the public of intermittent traffic delays and caution about heavy equipment and workers 1999 STRATEGIC PLAN October 15, 2019 1 Council requested funding in the 2020 budget to allow or the plan to be updated. METER EXCHANGE PROJECT August 26, 2019 The demand meter policy has been finalized and is included in the packet this evening. Finance is working with the software company to develop methods for exporting pertinent data in order to determine demand meter locations moving forward. 2 130 ONGOING CITY PROJECTS & GOALS March 9, 2020 City Council Meeting COUNCIL COMMITTEES CITY COUNCIL POLICY WORK GROUP June 24, 2019 Council created a work group consisting of Vice Mayor McClure, Council Member Towsley, City Manager Meszaros, and City Attorney Wells to review city-wide policies and propose revisions, as necessary. July 8, 2019 Council approved Resolution 2019-065, Directing The City Council Policy Work Group To Review The City Of Seward's Personnel Policies For Harassment And Bullying. September 23, 2019 At the September 9, 2019 work session, council reviewed the ordinance with the city attorney, and decided to have the Policy Work Group draft new and/or revise existing policies as they relate to this ordinance. Once the Policy Work Group completes their work, the policies will come back to council in the form of one or more resolutions, and this ordinance will come back at the same time or introduction. October 28, 2019 Council to decide which council member will replace Towsley on this committee. October 28, 2019 Council Member John Osenga will replace Suzi Towsley on this committee. 3 131 ONGOING CITY PROJECTS & GOALS March 9, 2020 City Council Meeting SPECIAL AD HOC CITIZEN ADVISORY COMMITTEE FOR SEWARD AIRPORT August 15, 2019 The Alaska Department of Transportation & Public Facilities (DOT&PF) and the Federal Aviation Administration (FAA) held a Public Hearing to collect comments on the Draft Environmental Assessment and Proposed Action. September 16, 2019 Council conducted a Public Forum to discuss Seward Airport options, develop a timeline/plan, and obtain public input in preparation for the next meeting with the ADOT and FAA. September 23, 2019 Council formed a Special Ad Hoc Citizen Advisory Committee with a sunset date of December 31, 2020, and directed the city clerk to solicit interest from citizens. The purpose o the committee is to research o tions or the Seward Air ort, and report back to council. September 24, 2019 City clerk solicited interest from citizens of Seward and the surrounding area. Deadline for letters of interest is October 4, 2019 at 5:00 p.m. October 14, 2019 Nine citizen letters of interest received; council will vote and appoint members at tonight's meeting. October 15, 2019 Council appointed ten citizens to the committee: Bruce Jaffa (Chair), Stephanie Presley, Lynda Paquette, Steve Leirer, Walter Corrigan, Carol Griswold, Bob Linville, Fred Woelkers, Bob Reisner, and Duke Marolf. The clerk notified the citizens and provided contact in ormation or the group. October 25, 2019 Committee's first meeting. November 7, 2019 Committee meeting. December 5, 2019 Committee meeting. December 27, 2019 Committee meeting; create bullet points. January 9, 2020 City Manager Meszaros, Mayor Terry, Vice Mayor McClure, Committee Chair Jaffa, Harbormaster Regis attended meeting in Anchorage with FAA and DOT. January 13, 2020 Mayor Terry reported out on the January 9` meeting; council requested the Airport Committee provide their recommendations to council on January 27, 2020. January 27, 2020 Wells requested that she have the opportunity to first look at the timeline, and then determine if there was an appropriate cause of action to file an injunction; she would then submit an attorney-client privileged memorandum for council's consideration to decide how to proceed; there was no objection from council. February 10, 2020 Council failed Resolution 20-013, Supporting Seward Airport Alternative 2.2 And Notifying The State Of Alaska Department Of Transportation (ADOT) And The Federal Aviation Administration (FAA) To Move Ahead With Construction. February 10, 2020 Council Failed Resolution 20-014, Directing The City Clerk To Conduct A Special Election To Determine If Seward Voters Wish To Fund An Additional Extension From 3,300 Feet To 4,000 Feet Of The Seward Airport Runway In Conjunction With Approved Alternative 2.2. 4 132 REQUESTS FOR PUBLIC RECORDS City Clerk's Report Updated for March 9,2020 City Council meeting Report through March 2,2020 PENDING REQUESTS DATE REQUESTED BY DOCUMENT REQUESTED APPROPRIATE EMAIL SENT TO EMAIL SENT TO RESPONSE NOTES RECEIVED (Summary) DEPARTMENT HEAD CITY ATTORNEY PROVIDED COMPLETED REQUESTS DATE DOCUMENT REQUESTED EMAIL SENT TO CITY EMAIL SENT TO RESPONSE RECEIVED REQUESTED BY (Summary) APPROPRIATE CITY ATTORNEY PROVIDED NOTES DEPARTMENT HEAD Any land information for Fort Raymond January 17,2020 Kelley Baker property,Hemlock property,and property Wilde,Bacon No 2/7/2020 located at 201 3rd Avenue. All Chief Clemons'credit card logs for Stromberg,Hickok January 31,2020 Suzi Towsley 2016-2019.Will come in to review. Clemons No 1/31/2020 February 7,2020 Les Butler Police Report Nickell,Schaefermeyer No 2/13/2020 February 7,2020 Jonathan Gage Fire Report Crites,Melvin No 2/10/2020 Actual income earned and positions held February 21,2020 Suzi Towsley by Matt Chase,Jackie Wilde,Chief Shurtleff,Meszaros No 3/2/2020 Clemons,and LT.Nickell in 2018& 2019 February 24,2020 Cody Black Police Report Nickell,Schaefermeyer, No 2/26/2020 Clemons The City of Seward Building Code in February 24,2020 Mark Turberville effect in 2004&2015,and building Crites,Nilsson,Melvin No 2/24/2020 permit(s)for the hotel at 1412 4 Ave., currently named"Harbor 360 Hotel" February 24,2020 Cindy L.Ecklund Email&laydowns regarding Ord.2020- Clerk's Office No 2/24/2020 001 from 1/27/2020 to 2/24/2020 Chien-Shih A roster of city mayor and council February 25,2020 Clerk's Office No 2/25/2020 Huang members in 2005 Any advice regarding spot zoning from City Attorney Holly Wells to Community Request withdrawn February 25,2020 Carol Griswold Clerk'sOffice N 2/25/2020 by Carol Griswold Development Director as referenced at ce o on 2/25/2020.JS the February 24,2020 council meeting. February 26,2020 Jaims Garcia— Building permits processed from January Crites,Nilsson,Melvin No 2/26/2020 Buildzoom 2,2020 to present. 133 March 2020 March 2020 April SuMo TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 1 2 3 4 5 6 7 P&Z Joint Work 12:00pm PACAB Session Meeting- (Council RESCHEDULE Chambers) D(Council 7:00pm P&Z Mtg Chambers (Council Cham bers 8 9 10 11 12 13 14 5:15pm CC Joint 12:00pm PACAB ° 6 00 pm HPC 10:00am CC Work Session Meeting Work Session Retreat (Council (Council (Council (Seward Chambers Chambers am bersL Librar 7:00pm CC Mtg 7:30pm HPC (Council Regular Mtg Chambers) (Council Cham bers 15 16 17 18 19 20 21 6:00pm CC Joint r6:00pmP&Z C 12:00pm PACAB Work SessionWork Session w/SBCFSAB (Council (Council Chambers Chambers Zssionrs 22 23 24 25 26 27 28 5:00pm CC Work Session (Council Chambers 7:00pm CC Mtg Cham bers 29 30 31 Apr 1 2 3 4 Seward's Day Holiday Council Calendar 1 3/2/2020 9:10 AM 134 20 April 2020 Aprile Th Maye Th SuMo TuW Fr Sa SuMo TuW Th Fr Sa 1 2 3 4 1 2 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 29 30 31 Apr 1 2 3 4 12:00pm PACAB Mtn 5 6 7 8 9 10 11 III 7:00pm P&Z Mtg 6:00pm HPC (Council Work Session Cham bers (Council Chambers 7:30pm HPC Regular Mtg (Council Chamber 12 13 14 15 16 17 18 7:00pm CC Mtg 12:00pm PACAB (Council Work Session Chambers) (Chambers 19 20 21 22 23 24 25 10:00am Seward Permitting& A enc 12:00pm KPB Assem bly Meetin 6:00pm P&Z Work Session 26 27 28 29 30 May 1 2 7:00pm CC Mtg Chambers Council Calendar 2 3/2/2020 9:10 AM 135 May 20 May 2020 TuWe Th Junee Th SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Apr 26 27 28 29 30 May 1 2 3 4 5 6 7 8 9 7:00pm P&Z Mtg 12:00pm PACAB (Council Mt Cham bers 10 11 12 13 14 15 16 ------------ 7:00pm CC Mtg (Council Chambers 17 18 1tCham 20 21 22 23 Z 12:00pm PACAB ssion Work Session Chambers rs 24 25 26 27 28 29 30 �... Memorial Da rC pm CC Mtg ham bers 31 Jun 1 2 3 4 5 6 Council Calendar 3 3/2/2020 9:10 AM 136