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HomeMy WebLinkAbout04272020 City Council Packet Se-ward City Council Agenda Facet q - •Y ` - 4 + Photo credit:Christy Terry Monday, April 2 7, 2020 City Council Chambers Beginning at 7:00 p.m. PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARINGS TESTIMONY AT APRIL 27, 2020 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, April 27, 2020. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearings Testimony have been created: How To Virtually Attend The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. How To Submit Your CITIZEN COMMENTS 1. Email your written Citizen Comments to clerk2 cityofseward.net no later than 5:00 p.m. on Monday, April 27, 2020. Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. Comments requested to be read aloud will be delivered verbally to council by the City Clerk at the appropriate time during the meeting. 2. If you wish to be called on the telephone during the meeting to provide your comments telephonically, send an email request to the City Clerk along with your contact information to clerk2cityofseward.net, including your full name and the telephone number you wish to have called. The clerk must receive your request no later than 5:00 p.m. on April 27, 2020. Identify whether you wish to be called during the FIRST or SECOND citizen comment period. If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phone starting at 7:00 p.m. If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. All Citizen Comments will be timed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. How To Submit Your PUBLIC HEARING TESTIMONY 1. Email your written Public Hearing Testimony to clerkgcityofseward.net no later than 5:00 p.m. on Monday, April 27, 2020. Identify which Ordinance you wish to speak on (Ord 20- 002 and/or Ord 20-003). You may submit comments for either or both public hearing items. Testimony will be read aloud to council by the City Clerk at the appropriate time during the meeting. -,,Oil 2. If you wish to be called on the telephone during the meeting to provide your testimony telephonically, send an email request to the City Clerk along with your contact information to clerk2cityofseward.net, including your full name and the telephone number you wish to have called. The clerk must receive your request no later than 5:00 p.m. on April 27, 2020. Identify which Ordinance you wish to speak on (Ord 20-002 and/or Ord 20-003). You may request to speak on either or both public hearing items. There is no estimate of time to expect the call. All Public Hearing Testimony will be timed and limited to five minutes. The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. Thank You For Your Cooperation! 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA lug-Anodca Cft ®� Please silence all cell phones darning the meeting April 27, 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 Term Expires 2022 1. International Firefighter's Day ......................... Pg. 4 2. Building Safety Month ................................. Pg. 5 Tony Baclaan B. City Manager Report ....................................... Pg. 6 Council Member C. City Attorney Report ....................................... Pg. 13 Term Expires 2022 D. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday Julie Crites meeting for inclusion in the packet. Five(5) minutes speaking time will be Council Member allowed for each report.] Term Expires 2020 1. Chamber of Commerce Report ........................ Pg. 17 E. Presentations [Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.] 1. Alaska SeaLife Center Presentation by Tara Reimer Pg.21 Scott Meszaros City Manager Brenda Ballou City Clerk Holly Wells City Attorney City of Seward, Alaska Council Agenda April 27, 2020 Page I 1 7. PUBLIC HEARINGS [Public hearing comments are limited to five(5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.] A. Ordinances for Public Hearing and Enactment These ordinances were introduced on March 9, 2020 and are coming tonight for public hearing and enactment. Due to COVID-19, the public hearings for these ordinances were delayed until an alternative method for providing testimony could be arranged. 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. 39 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. 52 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Discuss re-scheduling the city attorney interviews using a virtual meeting tool. 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 20-005, Adopting Seward City Council Temporary Emergency COVID-19 Regulation No. 1 Entitled "Pick-Up Parking Spots" And Authorizing Business Owners To Designate Up To Two Curbside "Pick-Up" Parking Spots For Their Customers During The State Of Emergency Arising From COVID-19. .......... Pg. 83 B. Resolutions *1. Resolution 20-033, Recognizing The Successful Efforts Of The State Leadership And Alaskan Residents To Slow The Spread Of COVID-19 And Encourage The Governor, As Soon As Reasonably Practical, To Rescind Or Modify COVID-19 Health Mandates 003: Statewide Closure Restaurants, Bars, Entertainment, 009: Personal Care Services And Gatherings, And 012: Intrastate Travel, As Soon As Reasonably Practical To Allow Alaskan Businesses To Resume Operations, Employees To Return To Work, And Residents To Receive Services In A Safe Manner, Observing Social Distancing Requirements And Other Health Mandates, As Necessary. ................................................................................. Pg. 90 2. Resolution 20-034, Authorizing Submission Of A Joint Application With The Alaska Railroad Corporation (ARRC) To The U.S. Department Of Transportation Port Infrastructure Development Program (PIDP) Grant Program For Expansion Of The Alaska Railroad Terminal Reserve Freight Dock And Extension Of Port Avenue. .............................................................................................. Pg. 96 City of Seward, Alaska Council Agenda April 27, 2020 Page 2 2 C. Other New Business Items *1. Approval of the April 13, 2020 City Council Regular Meeting Minutes. ....... Pg. 100 *2. Approval of the April 15, 2020 City Council Special Meeting Minutes. ...... Pg. 106 3. Resume Board/Commission Meetings and Council/Board/Commission Work Sessions. .............................................................................................. Pg. 112 4. Attendance for the upcoming Rural Energy Savings Program (RESP) webinar to be held on April 29, 2020 regarding FDA loans. ........................................ Pg. 114 5. Discuss moving forward with the recodification of Seward City Code. (Clerk) Pg. 118 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. On-going City Project and Goal List ................................................ Pg. 143 B. March, 2020 City and Providence Financials ................................... Pg. 147 C. Clerk's Memo Verifying Timely Receipt of Annual Financial Disclosure Forms ............................................................................................ Pg. 210 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 April 27, 2020 Page 3 3 1'. PROCLAMATIIION A EREAS,International Firefighters'Day was established in 1999 to remember those firefighters worldwide who lost their lives in the line of duty protecting us all;and, WHEREAS, the role of all firefighters in todatj's society is one of dedication, commitment and sacrifice,regardless of what country they reside and work in;and, `VIEEMAS, International Firefighters' Day recognizes firefighters who have served in their communities for most of their lives, as well as firefighters who have served for just a few short years;and, `IVI-TIZEAS,these men and women set themselves apart as model citizens,setting a fine example in their communities with their willingness and dedication to protect others;and, WHEREAS,hailing from all walks of life,thetj are our mothers,fathers,brothers,sisters, aunts, Uncles, grandparents, neigllbors, and friends, and they protect us without wanting of recognition or reward;and, `IVI-REM, firefighters are there with courage, compassion and loLjaltLj in our time of need and thetj are the essence of the true meaning of communittj. NOW,THEREFORE, I, Christy Terry, Mayor of the Citig of Seward, Alaska do hereby encourage all citizens to recognize not on1Lj our local firefighters,but those worldwide,on May 4,2020 and year round for their courage,selfless service,and sacrifice. DATED this 27 day of April,2020 THE CITY OF SEWARD,ALASKAA Christy Terry, Mayor 4 PROCLAMATION WHEREAS, the City of Seward is committed to recognizing that our growth and strength depends on the safety and economic value of the homes, buildings, and infrastructure that serve our citizens, both in their everyday lives and in times of natural disaster; and WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of building safety and fire prevention officials, architects, engineers,builders, tradespeople, and others in the construction industry who work year-round to ensure the safe construction of buildings, where we live,learn, work, and play; and, WHEREAS, our nation benefits economically and technologically from using the International Codes that are developed by a national, voluntary consensus codes and standards developing organization; and, WHEREAS, these modern building codes include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes; and WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities' largely unknown protectors of public safety our local code officials who assure us of safe, efficient and livable buildings that are essential to America's prosperity,and, WHEREAS, "Safer Buildings, Safer Communities, Safer World," the theme for Building Safety Month 2020, encourages all Americans to raise awareness about the importance of safe and resilient construction,fire prevention,disaster mitigation, and new technologies in the construction industry, and, WHEREAS, Building Safety Month 2020 encourages appropriate steps everyone can take to ensure the safety of our built environment, and recognizes that the implementation of safety codes by local and state agencies has saved lives and protected homes and businesses; and WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus, and federal agencies in protecting lives and property. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby proclaim the month of May, 2020 as: Building Safety Month and do encourage all citizens to participate in Building Safety Month activities. DATED THIS 27th DAY OF APRIL,2020 THE CITY OF SEWARD,ALASKA Al:jij. �B ML I L i INGMONTHSAFETY SAFER Buildings, Christy Terry,Mayor SAFER World SAFER Communities, CITY OF SEWARD Scott Meszaros, City Manager P.O. BOX 167 Telephone (907) 224-4047 SEWARD, AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT April 27, 2020 The following purchase orders between $5,000 and $50,000 have been approved by the City Manager since the last council meeting: 4/15/2020 Harbor $89,070.00 Capital Industries 21-yard roll off dumpster with domed lid City of Seward Personnel Transactions from 3/23/2020-4/13/2020 Prepared by Riley Shurtleff,City of Seward Personnel Officer Separations: Department: Date of Separation Personnel Officer City Manager 4/13/2020 New Hires: Department: Date of Hire Personnel Officer(Emergency Internal) City Manager 4/1/2020 Community Development Planner Comm. Dev. 4/2/2020 Available Full Time Positions: Department: Position Status Corrections Officer Police Advertising Since 11/29/2018 Patrol Officer Recruit Police Advertising Since 1/27/2020 Recreation Assistant SPRD Advertising Since 2/24/2020 Available Seasonal Positions: Department: Position Status Recreation Assistant SPRD Advertising Since 2/24/2020 Harbor Summer Aide - Full Time Harbor Advertising Since 3/10/2020 Harbor Summer Aide - Part Time Harbor Advertising Since 3/10/2020 ALPAR Crew Leader SPRD Advertising Since 3/11/2020 ALPAR Teen Litter Patrol Crew SPRD Advertising Since 3/11/2020 Campground Attendant 1-11 SPRD Advertising Since 3/11/2020 Gardener SPRD Advertising Since 3/11/2020 Park Maintenance Aide SPRD Advertising Since 3/11/2020 Park Maintenance Worker 1-111 SPRD Advertising Since 3/11/2020 Parking Lot Attendant SPRD Advertising Since 3/11/2020 Parking Operations Technician SPRD Advertising Since 3/11/2020 Parking Operations Supervisor SPRD Advertising Since 3/11/2020 Program Aide Summer Seasonal (TYC,Teen Rec Room, Sports& Rec at the AVTEC Gym) SPRD Advertising Since 3/11/2020 Except for police and corrections, all other positions have been taken down from the City Website due to the current hiring freeze. 6 ADMINISTRATION • Alaska Municipal League conferences • JIC Meetings for Seward CV-19 • Inter-coordination between Seward Community Health Center and Providence Seward Medical Center FINANCE • The Alaska Municipal Bond Bank offered Seward the opportunity to participate in a bond refinancing for the City's General Obligation Library/Museum Bonds 2011 Series A. Cynthia Cartledge of Jermain, Dunnagan & Owens, PC is representing the City as Bound Counsel, as they have in the past. A resolution authorizing participation in the refinancing will be brought before Council at the next regular Council meeting. The 2020-2021 Budget book is nearly complete and should be sent to the printer within the next 10 days. The annual financial audit of the City is underway with much of the audit test- work complete. The second phase will begin on April 271n • Due to the COVID 19 emergency and the uncertain effects it may have on sales tax revenue, the City has adopted a conservative approach to spending and will be developing better projections and measures to manage the financial implications and variances that will result from the crisis. HARBOR • The 50-ton lifts have picked up; the entire harbor crew is working while adjusting to COVID-19 issues/mandates. • The 330-ton lifts have also picked up; we have placed many vessels into the water and some vessels are showing up for maintenance. • 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. (Water will probably be turned on around May Is'though it is weather dependent) • The harbor is 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. • We are currently fully staffed and 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 three concepts. More information to come later. • The harbor has upgraded with the new software and are still running parallel to fix any issues. We will be bringing a resolution to council with a tariff change in early 2020. • The harbormaster is working on the 2022 Municipal Facility Grant to replace G, K and L-float; a few resolutions to follow for grant process. • The harbor has ordered the dumpsters approved in Resolution 2020-029. PUBLIC WORKS • All Public Works Staff are complying with COVID 19 guidelines and working full time on essential services and maintenance needs. • Harmon Construction was the low bid for the handicamp ramp at City Hall. It was approved by Council and the contract is signed. They will start this project now and complete construction yet this spring. • The Storm Surge Repair Project is progressing very well. They have unloaded and placed rock from five barge loads. We estimate about five more loads of rock, and more road work as they move north. It is bumpy but the embankment work is looking really good. F "Only Lowell Point Resident traffic and essential business needs** Please use other places to hike,jog, kayak, and site-see as the road work continues. The extra non-essential traffic extends this project because the road equipment has to constantly stop and let more traffic past. The less the construction equipment has to move over and let traffic _go by, the sooner the job will gby, the sooner the job will get finished. We are turning away hikers, recreational users, and pedestrians during construction. It is very hard to see pedestrians and they are putting themselves in a dangerous place by entering into the construction area despite the warning signs and flagger advice. We are very thankful for the patience of the Lowell Point residents and businesses. The closures will be over soon, and the wait will be worth it. 8 PARKS & RECREATION In response to the Covid-19 situation, we have taken the following actions: All municipal campgrounds are closed to new visitors until May 1, 2020. All programs and events are cancelled until further notice. In coordination with AVTEC, the gym (aka the Student Services Center) is closed until further notice. Dates are subject to change based on the situation. Parks & Campgrounds Utilization Cam round Rentals 52 Pavilion Rentals 0 Highlights • Cleared debris from Williams Park. Cleaned fire rings. • Cut branches at Forest Acres. Erected permit holders. • Inspected skate park equipment. • Finalizing Campspot buildout: map edits, messaging, booking process, and error testing. Upcoming • Placing picnic tables. • Sweeping lots. Sports &Recreation AVTEC Gym 10 Highlights • Rolled out limited beta testing for RecDesk, our new recreation management platform. • Staff continue to assist other areas: parks & campground maintenance, the fire department, and disseminating info to local businesses on health compliance. Upcoming • Exploring ways to hold virtual activities in lieu of physical events. COMMUNITY DEVELOPMENT We would like to welcome new City Planner, Eric Kozielski, to our team! Eric brings a wealth of knowledge in Planning, ArcGIS; Research design; Infrastructure planning; Economic development; and Strategic project development just to mention a few Q 9 I , "EL ME,! wm� TO THE TEAM i o a if f f 6 Welcome Eric to our Community and to the City team! Community Development Department would like to remind everyone that Code Compliance focuses on education and compliance with all Seward City codes and ordinances that may affect the City's quality of life, its aesthetics, and the welfare of its citizens. Through our Seward City codes and ordinances, the City Council sets minimum requirements and standards regarding property and structures to promote and protect the public health, convenience, order, and general safety of all its citizens. These minimum standards are designed to preserve and improve the quality of life for present and future citizens of the City and promote a sense of community, facilitate clean and peaceful neighborhoods. Preservation and improvement should be recognized by our City leaders as it is necessary to prevent the deterioration of our surroundings and enhance our quality of life. The most effective means of improving our community is through voluntary compliance, so educating and guiding our citizens is our top priority. SEWARD COMMUNITY LIBRARY& MUSEUM • Open phone hours,Mon-Fri, 10am-6pm at 907-224-4082. Leave a message in case we've stepped away or we're working on the floor and we will get back to you as soon as possible. You may also email us at libmuskcityofseward.net. • Free 24/7 WiFi outside the building, no password • ALL library loans extended to May 15 • ALL Seward item overdue fines during this time will be forgiven • Holds temporarily suspended Thank you! We are proud to have Evan Hinton, Technician, volunteer some of his work time to assist the City with handing out State Protocol Acknowledgement contracts to businesses downtown, ensuring that any of the business remaining open are following the rules regarding social distancing and health precautions, and so we're all on the same page here in Seward. Program Updates 10 • We're busy planning virtual programs,including Story Times,escape rooms,book discussions and a virtual Summer Reading Challenge program! This is new territory for us,but we're excited to take on this challenge and find new ways to continue to connect and enrich our community! • Virtual Story Time includes songs,rhymes,story books,puppets,counting, and fun! It's a wonderful early literacy program designed with PreK children in mind. • Recorded Virtual Story Time by Amanda Lyon,Program Coordinator, and her special guests: Dr. Timothy Mullet,pet cats and puppets! So far our recorded story times have been viewed 156 times! o Thank You! 4/17/20: bit.ly/3eFChkm o Birds& Trees 4/15/20: bit.ly/2Xzo5Dk o Bugs and Rocks 4/10/20: bit.1/2y8QViZ o Foods & Friends 4/6/20: bit.ly/2JLKe9g o Rainbows 4/2/20: bit.ly/2X7tLnC = • Live Story Time began Friday,4/17 at I lam using Zoom Pro and will continue each Friday during our closure. We utilize high privacy and security settings,including passwords, and do not record these programs. Thanks to all who attended! • Live programs require an email invitation with a password to participate and will not be recorded. • Contact Amanda Lyon at alyongcityofseward.net or call 907-224-4082 to get on the email lists for our virtual programs. Passports Acceptance Facility Update • The Seward Community Library&Museum is a U.S.Passport Acceptance Facility,which allows us to accept US.passport applications under the guidelines of,and on behalf of,the United States Department of State. • Due to the COVID-19 pandemic and to limit the spread of the virus,our facility is closed to the public until further notice and we are not accepting passport applications. • Passports may still be renewed through the mail,but expedited service is not available and routine service will be delayed. Do not submit the $60 expedite fee until further notice. • Visit travel.state.gov for the latest information Alaska Digital Library • Regular patrons may borrow eBooks, audio-books and music at adl.overdrive.com or using the Overdrive or Libby apps with their library card number and PIN. Contact us by phone or email if you need help. • Complete an online digital material request form to make requests or suggestions for the Alaska Digital Library at bit.ly/ADLrequests or contact Director Kingsland at 907-224-4008 or vkin_slg andgcityofseward.net. SLED: Statewide Library Electronic Doorway • Residents of Alaska may access FREE online reference,research, facts& fun for all ages at lam.alaska.2ov/sled courtesy of the Alaska State Library and the Alaska Library Network. Directions for requesting passwords are on the website or you may contact us. Resources include: o Tutor.com Live Homework Help for Alaskan students in grades K-12 and intro-level college students, Mon-Fri, Sam to tam; Sat-Sun,noon to 2 am. • Alaska's Digital Archives • BrainPop and BrainPopJr • Consumer Health Complete • Do-It-Yourself o Health Source—Consumer and Nursing/Academic Editions o Heritage Quest Online o Hobbies and Crafts Reference Center o Home Improvement Reference Center o Learn a Language o Learning Express o Medline o Newspaper Source Plus 11 o Novelist and Novelist K-8 o Oxford Premium Reference Collection o Sesame Street eBooks o Small Business Reference Center o Small Engine Repair Reference Center o Teen Health o Plus much, much more! Visit www.cityofseward.us/libmus for updates, new digital resources and information/links to our virtual programs. 12 BIRCH HORTON BITTNER&CHEROT A PROFESSIONAL CORPORATION MEMORANDUM TO: CITY COUNCIL MEMBERS MAYOR TERRY FROM: HOLLY C. WELLS RE: CITY ATTORNEY REPORT — FEBRUARY AND MARCH 2O20 CLIENT: CITY OF SEWARD FILE NO.: 507,486.1006 DATE: APRIL 22, 2020 The following report provides the City Council with a summary of the matters worked on by the City Attorney during February and March 2020. If you would like to review the invoice for February and/or March time, or any other invoice, please let the City Manager know and we will be sure to provide you a copy of the requested invoice(s). Given the attorney-client privileged nature of many of the services we provide for the City of Seward ("City"), our Firm's goal is to provide a monthly report containing the information needed to fully inform Council of the nature of the legal services provided the previous month, while protecting the City's confidential information. Initially, the Firm anticipated preparing a final attorney report to assist the City in transitioning to new legal counsel in February, 2020, which would have negated the need for a February report. However, as a result of COVID-19 and Council's need to temporarily postpone the City's transition to new legal counsel, the Firm is reinstating its monthly attorney reports pending that transition. February Legal Services While February was a busy month for the City, the City continued to reduce its general counsel legal service hours, exceeding the flat fee amount by approximately 29 hours in the month of February. Thus, the total legal services fee owed for February, including litigation and general legal service matters as well as the overage fees owed later in the year equals $13,533.50. However, this amount is reduced by the $2,000 discount in legal fees credited by the Firm to assist the City with its transition to the flat fee arrangement. It is worth noting that the City reduced its general legal counsel services by more than 25 hours this month, reducing overages substantially. More specifically, February legal services included the following: 00923615.DOCX 13 Employment Labor Issues and Litigation Mr. Earnhart worked with management to address two grievances, scheduling disputes, and other issues for a total of 3.3 hours. General Governance General legal services were provided by City Attorney Wells, Michael Schwarz, Will Earnhart, and Jennifer Alexander and totaled approximately 65 hours. These services included draft letters, correspondence, telephonic guidance, and memoranda regarding land use matters, constitutional concerns, public records, potential lawsuits, administrative processes, enforcement options, governance procedures and practices, and personnel termination and disciplinary proceedings. February also required research into land ownership, management, and airport governance issues and election and appointment requirements under state and local law. Jennifer Alexander worked on several personnel issues with the Personnel Director and City Manager, including investigating a grievance and an incident involving off-duty conduct, strategizing an appropriate course of action within the legal confines of the employment relationship, and drafting correspondence accordingly. Personnel matters accounted for over 20 hours of the legal services the City received in February. Homer Electric Bradley Lake Dispute The City was served in an ongoing lawsuit regarding Bradley Lake management. Mr. Earnhart spent 6.2 hours advising management and protecting the City's interests in the suit. The City's role in the dispute is only as a member of the Bradley Lake Management Committee. This is a complicated matter that has been off and on since 2015. A full discussion of the suit can be made in executive session. Upon request, Mr. Earnhart is prepared to provide Council a more detailed update regarding this lawsuit in executive session. In addition to the Homer Electric Bradley Lake Dispute and general legal services, the Firm also represented the City in APEA labor negotiations for .70 hours. March Legal Services The City's general legal counsel services were substantially reduced in March, 2020, resulting in a 22-hour credit towards the City's next month fees. This is a huge accomplishment. Legal services were limited to preparation of an agenda statement and ordinance regarding sales tax collection from remote sellers, general legal guidance on personnel matters, and preliminary guidance on leases and land use enforcement. February and March 2020 Attorney Report Page 2 of 4 00923615.DOCX 14 COVID-19 Unfortunately, March, 2020 was also the beginning of COVID-19 preparedness and response in the City, requiring substantial legal services in that arena. In total, the City spent approximately 49 hours on COVID-19 matters for a total of$11,092.50. Given the global, national, state-wide, and locally-declared emergency arising from COVID-19, associated legal fees should be fully reimbursable to the City under several federal and state assistance funds and programs. The City's declaration of emergency and other documents have been drafted to ensure that the City is in a position to take advantage of any funding available to municipalities to combat COVID-19 within their communities. For this reason, invoices regarding COVID-19 have been maintained separately from the general legal services invoices and the descriptions for each hour worked on COVID-19 matters has been detailed in a manner to ensure any funding source has the information it needs to process payments to the City for fees incurred. These matters included review of the City's Emergency Operations Plan, the National Strategy for Pandemic Influenza Implementation Plan, the HHS Pandemic Influenza Plan, the Department Health and Human Services Pandemic Planning Update, the State of Alaska Public Health Mandates, Alaska Statute, and constitutional case precedent regarding the parameters of emergency restrictions and response on the local level. The Firm also reviewed relevant state legislation, namely SB 241, which has implications on municipal deadlines and elections. Other COVID-19 legal services included drafting employee policies, responding to personnel issues arising as a direct result of COVID-19, interpreting new leave policies adopted by the federal government in response to COVID-19, reviewing HIPAA and EEOC obligations in light of COVID-19, drafting emergency ordinances, declarations of emergency, emergency orders, private- public agreements regarding social distancing, and numerous other documents. The Firm's legal services related to COVID-19 have also included telephone conferences with the State of Alaska and others to discuss the unified response to COVID-19 on the State and local level. Bradley Lake Electric and Other Legal Disputes Outside General Legal Services The City also continued representing the City in the ongoing lawsuit regarding Bradley Lake management. Mr. Earnhart spent 7.1 hours advising management and protecting the City's interests in the suit for a total of $1,597.50. In addition to the Homer Electric Bradley Lake Dispute and general legal services, the Firm also represented the City in an AKOSH citation matter for a total of 4.50 hours at $1,012.50. Mr. Earnhart will make himself available to discuss this matter with Council in executive session or, in the alternative, is prepared to provide Council with an attorney-client privileged memorandum regarding that citation and the consequences arising from it. February and March 2020 Attorney Report Page 3 of 4 00923615.DOCX 15 Conclusion Ultimately, the City is becoming much more efficient in its use of legal services. Despite substantial legal issues arising in February and March, and the legal implications of COVID-19, the City's legal service hours continue to decrease. I will be in attendance at the February 24, 2020 Council meeting to answer any questions Council may have regarding this written report. February and March 2020 Attorney Report Page 4 of 4 00923615.DOCX 16 s -a ALASKA Chamber of Commerce — Executive Director Report (report submitted April 21st, 2020) CoVid19 Update: I am submitting everything that is related to the COVID19 situation up top here, including our chamber events status. We are continuing to collaborate with Healthcare, City, EMS, Seward Prevention Coalition - Getting business info to help essential businesses operate safely - Creating collaboration and contacts between organizations and businesses - Connecting community resources with community members in need We are helping promote and support business that are open (specific details below in the membership report). We are continuing to help members through the SBA loan process, which has been frustrating at best. We have done three zoom calls with SBA/SBDC staff. The SBA loans are currently out of money and they have identified some problems and prejudices with those first rounds. We are hoping that those will be taken care of and that they will be passing more money into those PPP and EIDL loans shortly. On a positive note, we do have members that have received PPP and/or EIDL SBA loan money to help keep their business above water during this economic crisis. We are preparing a member survey to help us understand where our businesses are at. The survey's that were done by other organizations 3 weeks ago are now somewhat out of date as things are moving so quickly. We want to know what their world looks like and find out what barriers they have to get going again. We are organizing calls in the coming weeks for business managers/owners in specific industries to be able to talk with one another and have discussions about how to best move forward. (i.e. restaurants, charters, retail, excursions, etc.) Reopening Prep: We are working on some language and guidelines for business to be able to open (with social distancing) when we get the go ahead to make those next steps. Europe is a great template to work from. (Restaurants opening but tables have to be X feet apart or a table between each group. Campgrounds — every other site being used, retail — limited people in stores at a time. We are also working on marketing pieces as well. We have the Visitor Center prepped, cleaned (outside and in), and ready to go when we are able to open it. Video: Our staff team (along with Janessa Anderson) put together a great video that we put out on all of our media channels to help visitors past and future to be thinking about us and coming (again). Page 1 17 Halibut Derby I am in conversations with Elle Zernia (representing the charter fleet) and we are monitoring the situation. If we are able to make something happen (safely and legally) with charter boats and the halibut season — we want to try and make it work — even if it's just the last weeks in June. We believe that we could have a loosening of restrictions enough to make something happen to help try salvage part of a season for our charter fleet. Mount Marathon Race The announcement came out on April15 on cancellation / postponement of MMR. There were a number of factors on this decision by the Race Director and MMR Committee, all having to do with safety — runner, spectator, and community safety. Runner Safety: the race has a significant safety plan (for runners) that is put in place each year that requires a lot of planning and coordination with EMS, Providence, Para/Mountain Rescue groups along with the 300 volunteers in support of that plan. With the current situation, EMS and Healthcare workers are not and will not be available for the foreseeable future to be able to put that plan in place. This was even more important this year as the number of racers increased. Community Safety: Even before the COVID situation, we had people coming down to train on the mountain. This was only going to increase and we wanted to make sure that we are protecting the community during the travel restrictions. Spectator Safety: There is a strong belief that we aren't going to be able to gather 20,000+ people for any reason by the time the 4t" comes and probably not this year. This was a difficult decision to make and we know that there are economic impacts to this decision. We have received feedback where people are upset and don't think we should have made that call. We have received a majority of feedback of in support (disappointed but feel we made the right call). We have also received feedback that we need to cancel every event this summer. 4t" of J u ly We are monitoring the 4t" of July— to see if it's something that we can make happen under allowable guidelines. It would be different and are making possible contingency plans of different, creative ways it could look. We will revisit this officially on June 1. We are willing to make a call later than that date if we see that there is potential to have something rather than nothing. It's really hard to guess what we will be able to do at that point. SSSD I met with the committee a couple of weeks ago. We are moving forward with the planning. We recently received all of our permits for this event and needed supplies (tags). I have been in contact with the new Hatchery Manager for the Fish restoration piece. We will be using a new software to run this derby that will increase sales and decrease labor. Budgets: We are continuing to provide services for our members as well as marketing actions (like the video we created) and plans to deal with this scenario. We are looking at some budget adjustments as we realize that we are currently looking at a 70% bed tax loss this season that will hit in 2022. Our goal is to streamline so that we can have consistent marketing services year over year, even with this down year. We will be making cuts to fill in the gap of revenue in 2022 and likely 2023 as well as we don't foresee a full rebound next year. I have already developed a rough 4-year budget plan and when I get that finalized and built with graphics, I will be presenting it to City Council and PACAB. Seward Marine Front: The Seward Marine Front Committee met last week to check in and see what the status was around the industry. It was very helpful and will continue to meet regularly. We have put a hold on our data collecting for the supply chain issues we were working on. Page 2 18 Sustainable Tourism Conversation — This has been put on hold temporarily. Blue Pipeline Update We have just drafted a letter of support for this program for the future. Given the economic situation that is being caused by COVID19, I believe that this position is more relevant than ever. I have worked it out with Karen Gillis to have our payment from this year (with no employee) applied to the 2022 year, which will also help us in the year where the low bed tax hits. Unfortunately, with the COVID19 situation, the strong candidate that was interviewed (schooling/working on an international visa) had to go back to Germany and will likely not be able to fill the position. Membership: (report from Aisha) MEMBERSHIP REPORT: • Total Active Members: 385 No drops since 11/2019 • New Members: o Vergeben Services (classic 1-4) • Prospective/Processing Members: o Kayaker's Cove (small business - to rejoin after many years) o Portage Transport (small business) (rejoining) Other recent/ongoing projects: • Chamber By-Laws - Input on changes • Research & Development of Mentorship/OJT Program with Seward HS • Research & Development of Community Partner membership level • Grant Writing: From Start to Funded (8-week class) Website/CRM updates: • Seward.com transition from Chambermaster to Simpleview o designing/developing changes & accurate quote with ITS • Expand Member Portal functionality & push for listing updates • Updated Chamber Membership materials and info available on Seward.com o New Chamber of Commerce copy (updated on website) • Membership benefits, Board of Directors descriptions, Staff o Updates still needed: Privacy Policy, Moving to Seward, Seward Conferences, Development, Resources • Re-development of targeted leads generation program via seward.com as an opt-in marketing benefit for members COVID-19 response • Bi-weekly newsletters/CV-19 updates • Curating and updating Seward.com landing page: o Seward Area & Business CV-19 Resources • CV-19 Campaigns o Suspended meals program with local restaurants - w/ Kelli Hatfield o #supportseward "bingo card" - weekly $50 visa gift card drawing • Partnership w/ Seward Prevention Coalition for social media community-related updates and announcements, volunteer information • SBA& AKSBDC Zoom Calls w/ membership • Grow with Google - Get your Business Online webinar w/AKSBDC • Online Social media/marketing videos: Instagram & Canva Page 3 19 COMMUNICATIONS REPORT: • COVID-19 response - Transition from messaging of"Visit" to "Plan" -- actively engaging social media by invoking memories, promoting planning, and highlighting community efforts to stay connected. EXAMPLE OF POST/GOOD ENGAGEMENT https://www.facebook.com/VisitSeward/photos/a.10150092264823548/10158009682743548/?tv pe=3&theater • COVID-19 response - Reiterating that traveling to Seward is not recommended at this time. Statement released online, soon to be followed by a short video highlighting Seward's attractions with a "We'll be here" message (4/15 deadline) • Revamping SEO and SEM of Seward.com by increasing keywords and internal links, working towards increasing external link traffic • Creating a press release methodology for Chamber events, news, and efforts to be reported to the media • Connecting with other chambers and creating "Staycation in Alaska" travel plans to promote when the time is right • Reassessing and evaluating advertising decisions moving forward • Web traffic is down about 50% over last 30 days - expected with current travel climate, but working to maintain higher numbers with SEO content and `plan now, travel later' marketing messaging. • Catching up on and learning the ways to use SimpleView to increase marketing, public relations and visitor strategies. • We are working on the planning and development of our websites to be better positioned moving forward. Page 4 20 Alaska SeaLife Center - - City Council Presentation April 27, 2020 Tara Riemer, President and CEO " tarar@alaskasealife.org • 1 21 Outline Why are we here today? Structure of City/Alaska SeaLife Center agreements Basic cash flow and financials for ASLC Closure impact on ASLC cash flow and financials ASLC responses to closure Summary What is the relationship between SAAMS/ASLC and the City of Seward ? • Seward Association for the Advancement of Marine Science (SAAMS) dba Alaska SeaLife EvoS-Tc Center (ASLC) is the 501(c)(3) nonprofit A1994 corporation that operates the building at 301 Resolution Railway Avenue • The building and land are owned by the City ADF&G of Seward coop • The operations by SAAMS are controlled by a I F Agreement lease agreement with the City of Seward city of • The City is bound by a cooperative agreement Seward with the Alaska Department of Fish and Lease Agreement Game and a 1994 Resolution of the EVOS Trustee Council SAAMS 23 Cooperative Agreement between the State of Alaska, Alaska Department of Fish and Game and the City of Seward for the Construction, Operation and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center in Seward, Alaska • Signed April 1995 and never amended • 50-year term starting on April 28, 1995 • Many provisions relate to construction, but some ADF&G terms still in effect: coop — City shall own, operate, maintain for 50 years Agreement — Operate and maintain to a standard comparable to city of well-operated and well-maintained marine research Seward facilities — Should the City elect not to operate the facility, ADF&G has an option to assume operations and has a year to decide during which time the City must continue to operate 24 Third amended and restated agreement for lease of tract 2A, waterfront tracts, and the lease, operation and maintenance of the Alaska SeaLife Center • Last amended March 2017 • Continued 50-year term starting April 1995 • Yearly rental payment of $1/year paid in advance • Passes through all obligations of the Cooperative Agreement • Requires a Renewal and Replacement Fund of $671,958 which can be accessed city of for major repairs and replacements Seward Lease Op • Requires a Termination Fund of $940,741; Agreement $700,000 of which can be accessed annually if returned by September 30 of SAAMS each year 25 Who is ASLC? The Alaska SeaLife Center generates and shares scientific knowledge to promote understanding p and stewardship of Alaska's marine ecosystems. The Alaska SeaLife Center is our people: • a staff of 75 year-round employees • uniquely and highly skilled • integral to the Seward community • supporting local organizations • shopping in local stores . a • 100% Seward Strong 6 v.yam, 26 What is ASLC's Normal Cashflow Cycle? ..............$500 000 Cumulative Monthly Net Revenues 5- $(500,000) April Low Point $(1,000,000) $(1,500,000) $(2,000,000) October November December January February March April May June July August September -2017 -2018 -2019 -2020 • The timing of this closure couldn't be worse for us for cashflow; we hope to have a Payroll Protection Program loan in place within days • Summer revenues are needed to survive the negative cashflow months during the off-season 27 What are ASLC's Sources of Revenue? 1,400,000 FY2020 Budget Revenue 1,200,000 1,000,000 Ticketing Mw Revenues 800,000 600,000 400,000 200,000 October November December January February March April May June July August September ■Ticketing ■Gift Shop&Cafe IN Ed Programs ■Membership ■Donations ■Events ■Grants Fiscal Agent ■Misc Rev Idn 28 2019 Visitor Revenues Grew through Price and Programming Increases, then came Smoke 40,000 Monthly Total Visitors Paid -2017 30,000 -2018 -2019 20,000 -2020 10,000 Smoke Impact 0 10% Loss of Visitors October November December January February March April May June July August September $1,000,000 Monthly Total Visitor Revenues $800,000 -2017 $600,000 -2018 Pre-fire Benefit was -2019 $200K by June $400,000 -2020 $200,000 October November December January February March April May June July August September Idti • Smoke from fires resulted in 10% loss of visitors overall for the year and a $350k impact in ticketing revenue vs. budget 29 50% of Revenues are Impacted by Closure 1,400,000 FY2020 Budget Revenue 1,200,000 1,000,000 800,000 600,000 400,000 200,000 October November December January February March April May June July August September ■Impacted ■Not impacted • Closure started Monday, March 16 30 What is the Impact of Closure on Paid Visitors? Paid Attendance 6-Year FY14 FY15 FY16 FY17 FY18 FY19 FY20 Average October 2,214 2,539 2,036 2,354 2,802 2,396 2,278 2,374 November 856 1,103 748 955 1,050 879 948 934 December 704 1,060 794 777 960 528 723 792 January 838 1,355 977 616 903 817 653 880 February 1,100 1,665 1,165 799 1,401 907 970 1,144 March 3,409 5,158 4,713 3,886 3,298 3,698 1,403 April 3,685 3,866 4,961 4,341 3,904 3,481 4,040 May 12,273 14,481 13,346 11,714 12,477 13,670 12,994 June 24,921 27,291 27,189 27,963 27,295 26,051 6,785 July 34,221 37,022 37,053 37,571 35,050 33,080 35,666 -' August 30,880 30,124 29,906 28,867 28,628 26,642 ; 29,175 September 9,000 9,960 10,324 10,470 10,429 8,888 Total 124,101 135,624 133,212 130,313 128,197 121,037 • Potential impact of closure through June is more than 45,000 visitors and $1.1 million (roughly comparable to PPP loan) • Potential impact from July through September is an additional 75,000 visitors and an additional $1.875 million Estimated revenue loss of $1.5 - $3 million 31 What are ASLC's Major Costs? FY2020 Budget Expenses 900,000 800,000 _ ■700,000 — 600,000 • - 500,000 ■ ■ ■ 400,000 ■ ■ 300,000 200,000 100,000 October November December January February March April May June July August September M Personnel ■Utilities Insurance ■Animal Care NP —Grant NP Gala Bldg Maint NP CC Fees Annual Fees ■Other • NP = non-personnel costs • More than half of our costs are from personnel-related expenses • Note that February and August have 3 pay periods while other months have 2 32 What are our current priorities? 1. The health and safety of our staff 2. To provide quality animal care 3. To maintain the building, the City's single largest asset 4. To maintain staffing levels to be able to deliver on our first three priorities 5. To be positioned on 9/30/2020 to restore the reserve funds required by the lease agreement with the City of Sewa rd 33 What are we doing to reduce costs? Some cost reductions are already underway • Pre-PPP, we will lower all salaries or hours by 12% (PPP requires staffing remain at pre-COVID levels for 8 weeks) • No interns; no seasonal staff (yet) • No travel But many of our large costs cannot be reduced • Utilities • Insurance • Staffing necessary for quality animal care • Staffing necessary for maintaining the building to high standards Reducing grant-funded programs reduces revenue and actually hurts the bottom line Significant cost reductions are only possible through extended and complete facility closure 34 What are we doing to drive revenue? 1. Payroll Protection Program Loan approved (PPP request for $1.085MM) 2. Emergency Injury Disaster Loan pending (EIDL request = $2MM, no SBA response, PPP participation may cut-off EIDL option) 3. Emergency grant funding requests submitted to: National Fish and Wildlife Foundation, Rasmuson Foundation, Seward Community Foundation, Alaska Community Foundation 4. CPV request made to the City of Seward 5. Fundraising campaign is in progress 6. Considering when reopening possible: • In-state marketing plan • Membership drives 35 What are our current priorities? 1. The health and safety of our staff 2. To provide quality animal care 3. To maintain the building, the City's single largest asset 4. To maintain staffing levels to be able to deliver on our first three priorities 5. To be positioned on 9/30/2020 to restore the reserve funds required by the lease agreement with the City of Sewa rd This means that we need to replace all lost revenue, expected to be $1.5 — 3 million. Without these funds we will not be able to survive the upcoming winter. 36 We are Planning for 5 Major Scenarios Major------------- Five internal . . • - Scenarios • activities Cruise ship schedules • Being prepared to open • School closures • Inspiring confidence to • State mandates i" "' + • potential visitors • Whether people will come - • • • • Conducting fundraising to Seward July campaigns • The building to be 2. Phased reopening starting • Offering alternative paid maintained • • • education platforms • Animals still needing care August Grant-funded activities • Utility and insurance bills Salaries, but only to a 3. No significant tourismcertain extent Alaska visitors • 4. No visitors until spring1 5. Complete closure P '14AA 37 This is Tough . We Can get Through it Together. At I 4 Q- 5r9 Thank You 38 Sponsored by: Planning & Zoning Commission Introduction Date: March 9, 2020 Public Hearing Date: April 27, 2020 Enactment Date: April 27, 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 39 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 27th day of April, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor 40 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 41 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 divers, 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. 42 Council Agenda Statement Ordinance 2020-_ Page 3 of 3 PUBLIC NOTICE Property owners within three hundred (300)feet ofthe 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 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) April 27, 2020 the Council conducts a public hearing and enacts Ordinance 2020-002 43 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 45 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 46 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 47 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. 48 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). 49 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. 50 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" 51 Sponsored by: City Attorney Introduction Date: March 9, 2020 Public Hearing Date: April 27, 2020 Enactment Date: April 27, 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 "linposition of sales tax" is amended to read as follows: 5.35.035. -Imposition of sales tax. 52 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 27m day of April, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 53 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 54 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 Ordinance 20-003 2 00905809.DOCX 55 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 56 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 57 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 58 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 59 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 60 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 61 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 62 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 63 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 64 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 65 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 66 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 67 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 68 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 69 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 sixty (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 70 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 71 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 72 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 73 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 74 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 75 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 76 "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 77 (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 78 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 79 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 80 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 81 Yes: No: Absent: Kenai Peninsula Borough Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2020-03 Page 27 of 27 82 Sponsored by: Mayor Terry Introduction Date: April 27, 2020 Public Hearing Date: May 11, 2020 Enactment Date: May 11, 2020 CITY OF SEWARD,ALASKA ORDINANCE 2020-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING SEWARD CITY COUNCIL TEMPORARY EMERGENCY COVID-19 REGULATION NO. 1 ENTITLED "PICK-UP PARKING SPOTS" AND AUTHORIZING BUSINESS OWNERS TO DESIGNATE UP TO TWO CURBSIDE "PICK-UP" PARKING SPOTS FOR THEIR CUSTOMERS DURING THE STATE OF EMERGENCY ARISING FROM COVID-19 WHEREAS, with the goal of minimizing in-person interaction within enclosed spaces at all bars, breweries, restaurants, food and beverage kiosks or trucks and other establishment serving food or beverages within the State of Alaska were closed to all public dine-in service with State of Alaska Health Mandate 003 to limit the spread of COVID-19; and WHEREAS, places of public accommodation are encouraged to offer food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service and to use precautions in doing so to mitigation the potential transmission of COVID-19, including social distancing with Health Mandate 003; and WHEREAS, in Central Business District and Harbor Commercial District off-street parking is not required; and WHEREAS, even in Commercial Zoning Districts that do require off-street parking, on- street parking might be closer and provide better access; and WHEREAS, easy access to pick up spots will encourage curbside delivery and minimize customers crossing social distancing coming in and out of the establishments and help limit the gathering of members of the public and staff inside the premises; and WHEREAS, easy-access pick up spots protects and preserves the safety, health, and welfare of Seward residents and visitors; and WHEREAS, allowing for businesses to designate and control up to two closest curbside pickup spots will alleviate some of the economic harm necessarily resulting from the social distancing mandates imposed by the State of Alaska, encouraging additional customers because of the convenience, consequently increasing revenue, employment and sales tax; and 83 CITY OF SEWARD,ALASKA ORDINANCE 2020-005 WHEREAS, time is of the essence as the summer season is quickly approaching and the businesses impacted by the State of Alaska COVID-19 continue to lose revenue and their employees continue to remain out of work; and WHEREAS, the City and businesses are going to have to work closely together because of the current and impending economic hardship due to the COVID-19 pandemic's effects on the summer tourism season of 2020; and WHEREAS, the state of emergency arising from COVID-19 warrants deviation from current practices, laws, and policies when doing so both protects the health of the community and its economic welfare; and WHEREAS, the adoption of City Council Emergency COVID-19 Regulations affords Council a mechanism to clearly and efficiently adopt rules protecting public health and safety while ensuring these regulations only remain in effect during the COVID-19 emergency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. City Council Emergency Regulation No.l. Council hereby adopts the following temporary emergency regulation, which shall be entitled "City Council Emergency COVID-19 Regulation No.1: `Pick-Up' Parking Spots": City Council Emergency COVID-19 Regulation No.l: "Pick-Up" Parking Spots. All businesses authorized to provide goods under the State of Alaska COVID-19 health mandates may designate up to two pre-existing on-street parking spaces for exclusive use by its customers to pick-up goods offered by that business. Participating businesses must designate the space(s) closest to the front entrance of that business unless an alternate location is approved by the City Manager or his designee. Businesses may identify the location of its "pick-up spots" with a sign for each spot that does not exceed two square feet in accordance with SCC 15.20.030(H). Participating business owners must remove all signs and return the street and all public property to its original condition upon expiration or repeal of this regulation. A participating business is solely responsible for maintenance of any parking spot it designates or sign it erects under this rule. The City shall not be liable for any damage or liability arising on or from the use of a designated parking spot or signage under this rule Section 2. This ordinance is a non-code ordinance. It is not permanent in nature and shall not be codified. Section 3. In addition to publication requirements under Seward City Code, City Council Emergency COVID-19 Regulation No.l shall be posted on the City website no more than ten (10) days after it is enacted. 84 CITY OF SEWARD,ALASKA ORDINANCE 2020-005 Section 4. This ordinance shall take effect ten (10) days after it is enacted and shall remain in effect until the declaration of emergency regarding COVID-19 expires without renewal or Council repeals this ordinance. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this l lth day of May, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 85 COUNCIL AGENDA STATEMENT Meeting Date: April 27, 2020 To: City Council From: Christy Terry, Mayor Agenda Item: A Non-Code Ordinance by the City Council of Seward, Alaska Adopting Seward City Council Temporary Emergency Covid-19 Regulation No.I Entitled "Pick-Up Parking Spots," Authorizing Business Owners to Designate Up to Two Curbside "Pick-Up" Parking Spots for Their Customers During the State of Emergency Arising From COVID-19 BACKGROUND & JUSTIFICATION: With the goal of minimizing in-person interaction within enclosed spaces at all bars, breweries, restaurants, food and beverage kiosks or trucks and other establishment serving food or beverages within the State of Alaska were closed to all public dine-in service with Health Mandate 003 to limit the spread of COVID-19. Places of public accommodation are encouraged to offer food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service and to use precautions in doing so to mitigation the potential transmission of COVID-19, including social distancing with Health Mandate 003. Allowing easy access pick up spots will encourage curbside delivery and minimize customers crossing social distancing coming in and out of the establishments and help limit the gathering of members of the public and staff inside the premises, both will assist with protecting the public's health and welfare. Within the City of Seward zoning districts of Central Business and Harbor Commercial off-street parking is not required. Even in Commercial Zoning Districts that do require off-street parking, on-street parking might be closer and provide better access. Allowing for businesses to designate and control up to two closest curbside pickup spots will encourage additional customers because of the convenience, consequently increasing revenue, employment and sales tax. This is going to be key for our future ability to provide even minimum public services in subsequent years. City and businesses are going to have to work closely together because of the current and impending economic hardship due to the COVID- 19 pandemic's effects on the summer tourism season of 2020. If businesses desire, they will be allowed to designate with a notice sign of not more than two square feet each under 15.20.030 (H) and manage up to the two closest on-street parking spots for their own curbside pick-up. The on-street curbside designated parking spots must be already existing spaces. 0092251 1.DOCX 86 Time is of the essence as the summer season is quickly approaching and the businesses impacted by the State of Alaska COVID-19 continue to lose revenue and their employees continue to remain out of work. The adoption of an emergency COVID-19 Council regulation ensures that Council is taking action to protect the public health and welfare from the negative impacts of COVID-19 while maintaining the integrity of the Seward City Code and the codification and approval process required in non-emergency times. While a revision to City land use laws would require revisions to the Seward City Code and review by the Planning and Zoning Commission, the emergency created by COVID-19 requires Council to take swift temporary action to protect the City. INTENT: The City of Seward wants to assist business impacted by the State of Alaska COVID-19 Health Mandate 003 to accommodate and serve customers while complying with social distancing mandates from the date of effectiveness and throughout the 2020 Summer Tourism Season. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Comprehensive Plan: 1.3.1 -Economic Development 2.2.7- Community Partnerships X 2.2.8-City Government 2.2.11 Economic Base 3.1 Economic Development Strategic Plan (document source here) : X Page 5-Economic Base Other (list): X FISCAL NOTE: There is no financial expenditure impact associated with this Ordinance. The ordinance is advocating for a short time on-street parking allowance that will generate jobs and revenue. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Introduce April 27 and approve May 11 A Non-Code Ordinance by the City Council of 0092251 1.DOCX 87 Seward, Alaska Adopting Seward City Council Temporary Emergency Covid-19 Regulation No.1 Entitled "Pick-Up Parking Spots," Authorizing Business Owners to Designate Up to Two Curbside "Pick-Up" Parking Spots for Their Customers During the State of Emergency Arising From COVID-19 Ordinance 20-005 00922511.D0CX 88 • Main Office (907)224-4050 CITY OF SEWARD Police(907)224-3338 • Harbor(907)224-3138 P.O.Box 167 • Fire(907)224-3445 410 Adams Street • City Clerk(907)224-4046 Seward, Alaska 99664.0167 • Community Development(907)22-4049 • Utilities(907)224-4050 • Fax(907)224-4038 Seward City Council Emergency COVID-19 Regulation Not "PICK-UP" PARKING SPOTS All businesses authorized to provide goods under the State of Alaska COVID-19 health mandates may designate up to two pre-existing on-street parking spaces for exclusive use by its customers to pick-up goods offered by that business. Participating businesses must designate the space(s) closest to the front entrance of that business unless an alternate location is approved by the City Manager or his designee. Businesses may identify the location of its "pick-up spots" with a sign for each spot that does not exceed two square feet in accordance with SCC 1520.030(H). Participating business owners must remove all signs and return the street and all public property to its original condition upon expiration or repeal of this regulation. A participating business is solely responsible for maintenance of any parking spot it designates or sign it erects under this rule. The City shall not be liable for any damage or liability arising on or from the use of a designated parking spot or signage under this rule. Per Ordinance 20-005 (non-code), enacted May 11, 2020 and effective May 21, 2020. This ordinance shall remain in effect until the declaration of emergency regarding COVID-19 expires without renewal or Council repeals this ordinance. 89 Sponsored by: Mayor Terry CITY OF SEWARD,ALASKA RESOLUTION 2020-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOGNIZING THE SUCCESSFUL EFFORTS OF THE STATE LEADERSHIP AND ALASKAN RESIDENTS TO SLOW THE SPREAD OF COVID-19 AND ENCOURAGE THE GOVERNOR, AS SOON AS REASONABLY PRACTICAL, TO RESCIND OR MODIFY COVID-19 HEALTH MANDATES 003: STATEWIDE CLOSURE RESTAURANTS, BARS, ENTERTAINMENT, 009: PERSONAL CARE SERVICES AND GATHERINGS, AND 012: INTRASTATE TRAVEL, AS SOON AS REASONABLY PRACTICAL TO ALLOW ALASKAN BUSINESSES TO RESUME OPERATIONS, EMPLOYEES TO RETURN TO WORK, AND RESIDENTS TO RECEIVE SERVICES IN A SAFE MANNER, OBSERVING SOCIAL DISTANCING REQUIREMENTS AND OTHER HEALTH MANDATES,AS NECESSARY WHEREAS, the COVID-19 virus originated in Hubei province in China, with the first confirmed case occurring on November 17, 2019; and WHEREAS, on January 21, 2020, the United States of America had its fast confirmed case of COVID-19; and WHEREAS, on January 30, 2020 the World Health Organization declared a public health emergency of international concern due to the COVID-19 virus; and WHEREAS, on March 13, 2020 with 2,700 confirmed cases of COVID-19 President Donald Trump declared a U.S. National Emergency; and WHEREAS, as of April 18, 2020, the United States had 715,536 confirmed cases of COVID-19 with 37,625 confirmed deaths; and WHEREAS, on March 2, 2020 the State of Alaska had its first confirmed case of COVID-19; and WHEREAS, in response to the confirmed presence of COVID-19 in the State of Alaska and to prevent or slow the spread of the Disease Governor Mike Dunleavy issued his first public health mandate on March 13, 2020; and WHEREAS, between March 16 and April 17, 2020, Governor Dunleavy issued 15 additional health mandates, all in an effort to `flatten the curve' and reduce the number of confirmed COVID-19 cases to a level that would not overwhelm the health care infrastructure in the State; and 90 CITY OF SEWARD,ALASKA RESOLUTION 2020-033 WHEREAS, because of the early and aggressive action by the Governor and the cooperation of Alaskan residents, the number of confirmed COVID-19 cases in the State has remained low with as of April 18, 2020 there are 314 cases confirmed, 147 recovered, 36 total hospitalizations and 9 deaths; and WHEREAS, the health mandates issued by the Governor are some of the most aggressive measures limiting virus exposure amongst the states; and WHEREAS, as of April 9, 2020, 36,211 Alaskans filed for unemployment benefits, or more than 10% of all workers in the State of Alaska at this point in the year, many due to the closure of businesses as a result of the Governors mandates; and WHEREAS, the continued closure of businesses is impacting all Alaskans, resulting in a significant loss of jobs, business failures, and the loss of important sales tax revenue to municipalities jeopardizing essential services; and WHEREAS, reducing intrastate travel limitations and mandatory closure of certain businesses as soon as REASONABLY PRACTICAL will allow many businesses to reopen, employees to return to work and residents to receive services; and WHEREAS, additional responses are already being considered and implemented with on April 16, 2020 the Office of Lieutenant Governor issued Emergency Alcoholic Beverage Control Board Regulations relating to sales of alcoholic beverages suspended to allow sales of off premises; and WHEREAS, reduction of State limitations can be paired with implementation of additional/other health mandates as necessary to continue protecting public health safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City of Seward hereby respectfully encourages the Governor to rescind or modify COVID-19 health mandates 003: Statewide closure restaurants, bars, entertainment, 009: personal care services and gatherings and 012: intrastate travel, as soon as REASONABLY PRACTICAL to allow Alaskan businesses to resume operations, employees to return to work and residents to receive services in a safe manner observing social distancing requirements. Section 2. The City of Seward hereby supports the Governor looking at paring rescinded items and modifications with additional/other health mandates as necessary to continue protecting public health safety and welfare. 91 CITY OF SEWARD,ALASKA RESOLUTION 2020-033 Section 3. The City of Seward hereby directs the city manager. upon passage, to provide a copy of this legislation to Governor Mike Dunleavy, Kenai Peninsula Borough Mayor Charlie Pierce, and Kenai Peninsula Legislators Senator Peter Micciche, Senator Gary Stevens, Representative Gary Knopp, Representative Ben Carpenter, and Representative Sarah Vance. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27rn day of April, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 92 COUNCIL AGENDA STATEMENT Meeting Date: April 27, 2020 To: City Council From: Christy Terry, Mayor Agenda Item: A RESOLUTION OF THE CITY OF SEWARD, ALASKA, RECOGNIZING THE SUCCESSFUL EFFORTS OF THE STATE LEADERSHIP AND ALASKAN RESIDENTS TO SLOW THE SPREAD OF COVID-19 AND ENCOURAGE THE GOVERNOR, AS SOON AS RESONABLY PRACTICAL, TO RESCIND OR MODIFY COVID-19 HEALTH MANDATES 003: STATEWIDE CLOSURE RESTAURANTS, BARS, ENTERTAINMENT, 009: PERSONAL CARE SERVICES AND GATHERINGS AND 012: INTRASTATE TRAVEL, TO ALLOW ALASKAN BUSINESSES TO RESUME OPERATIONS, EMPLOYEES TO RETURN TO WORK AND RESIDENTS TO RECEIVE SERVICES IN A SAFE MANNER OBSERVING SOCIAL DISTANCING REQUIRMENTS AND OTHER HEALTH MANDATES AS NECESSARY BACKGROUND & JUSTIFICATION: The COVID-19 virus originated in Hubei province in China, with the first confirmed case occurring on November 17, 2019. Two months later on January 21, 2020, the United States of America had its first confirmed case of COVID-19. The World Health Organization declared a public health emergency of international concern due to the COVID-19 virus before the end of January. At the national level, President Donald Trump was monitoring the pandemic and on March 13, 2020 with 2,700 confirmed cases of COVID-19 a US National Emergency was declared. As of April 18, 2020 the United States had 715,536 confirmed cases of COVID-19 with 37,625 confirmed deaths. In Alaska, March 2, 2020 marked the first State of Alaska confirmed case of COVID-19. Our Governor Mike Dunleavy responded to the confirmed presence of COVID-19 to prevent or slow the spread of the disease and issued his first public health mandate on March 13, 2020. Between March 16 and April 17, 2020, Governor Dunleavy issued some of the most aggressive measures with 15 additional health mandates, all in an effort to `flatten the curve' and reduce the number of confirmed COVID-19 cases to a level that would not overwhelm the health care infrastructure in the State. Thankfully, because of the early and aggressive action by the Governor and the cooperation of Alaskan residents, the number of confirmed COVID-19 cases in the State has remained low with as of April 18, 2020 there are 314 cases confirmed, 147 recovered, 36 total hospitalizations and 9 deaths. 93 As we all know, the second phase of this emergency will be the economic effects and as of April 9, 2020-36,211 Alaskans filed for unemployment benefits, or more than 10% of all workers in the State of Alaska at this point in the year, many due to the closure of businesses as a result of the Governors mandates. Additionally, the continued closure of businesses is impacting all Alaskans, resulting in a significant loss of jobs, business failures, and the loss of important sales tax revenue to municipalities jeopardizing essential services. The next step is to work on reducing intrastate travel limitations and mandatory closure of certain businesses as soon as REASONABLY PRACTICAL that will allow many businesses to reopen, employees to return to work and residents to receive services. Movement towards this has already begun with additional implementations on April 16, 2020 when the Office of Lieutenant Governor issued Emergency Alcoholic Beverage Control Board Regulations relating to sales of alcoholic beverages to allow sales of off premises. Business would also have to be willing to pair implementation of additional/other health mandates with the reduction of State limitations to continue protecting public health safety and welfare. Social Distancing requirements could be augmented with occupancy reductions in buildings, increasing table separations, etc. Safety measures can be integrated into logical plans moving forward, INTENT: The intent of this resolution is to encourage our Governor to rescind or modify COVID-19 health mandates 003: Statewide closure restaurants, bars, entertainment, 009: personal care services and gatherings and 012: intrastate travel, as soon as REASONABLY PRACTAL to allow Alaskan businesses to resume operations, employees to return to work and residents to receive services in a safe manner observing social distancing requirements. Knowing we have a long road ahead we encourage the Governor to look at paring rescinded items and modifications with additional/other health mandates as necessary to continue protecting public health safety and welfare. Seward needs to advocate for our local businesses by being ready and prepared to reopen our commerce. Local employees, non-profits and commercial businesses need to have the hope and confidence that the community will support their efforts to rebuild our economic base. We also directs Administration upon passage, provide a copy of this legislation to Governor Mike Dunleavy, Kenai Peninsula Borough Mayor Charlie Pierce and Kenai Peninsula Legislators Senator Peter Micciche, Senator Gary Stevens, Representative Gary Knopp, Representative Ben Carpenter and Representative Sarah Vance. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Comprehensive Plan: 1.3.1 -Economic Development X 2.2.7- Community Partnerships 2.2.8-City Government 2.2.11 Economic Base 94 3.1 Economic Development Strategic Plan (document source here) Page 3 Growth Management and Land Use Planning X Page 4- Transportation Facilities Page 5-Economic Base Other (list): X FISCAL NOTE: There is no financial expenditure impact associated with this Resolution. The resolution is advocating for resuming operations that will generate jobs and revenue. Approved by Finance Department: ATTORNEY REVIEW: Yes No—X RECOMMENDATION: Approve Resolution 2020 - 033 95 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING SUBMISSION OF A JOINT APPLICATION WITH THE ALASKA RAILROAD CORPORATION (ARRC) TO THE U.S. DEPARTMENT OF TRANSPORTATION PORT INFRASTRUCTURE DEVELOPMENT PROGRAM (PIDP) GRANT PROGRAM FOR EXPANSION OF THE ALASKA RAILROAD TERMINAL RESERVE FREIGHT DOCK AND EXTENSION OF PORT AVENUE WHEREAS, numerous community planning sessions identified the need to extend and widen the Alaska Railroad Corporation's (ARRC) Terminal Reserve Freight Dock (Freight Dock) to meet regional and statewide demand by industry and government customers; and WHEREAS, widening and lengthening the Freight Dock will address demand by providing additional short and long term berthing space, increasing simultaneous berthing capacity, increasing secure cargo storage and staging/transfer area, providing roll-on/roll-off ramp compatibility, and increasing larger ship service; and WHEREAS, the Freight Dock expansion will have immediate and long-term economic impact that will create jobs, in number and as additional year round employment, and will supply essential freight to Seward and throughout the State; and WHEREAS, community planning sessions also identified that Port Avenue industrial truck traffic needs to be separated from pedestrian and cruise ship visitors traveling from the Passenger Dock to the Seward Harbor for improved safety; and WHEREAS, Seward documented this need in the City of Seward's 2030 Community Comprehensive Plan, with specific attention paid to, "Valuing diverse transportation facilities including road, rail, air, pedestrian, and water routes that meet the needs of residents, businesses and visitors"; and WHEREAS, the Comprehensive Plan notes support for adequate port infrastructure that will serve the needs of users in the main industrial/Alaska Railroad Port and at the Seward Marine Industrial Center (SMIC), and will develop convenient and well-publicized local, state, and national transportation connections from the port areas; and WHEREAS, the Comprehensive Plan identified a priority to develop a new route for industrial zone traffic to address pedestrian safety hazards, which is directly addressed by the proposed project to extend Port Avenue through the ARRC Terminal Reserve; and WHEREAS, the Alaska Railroad Terminal Reserve is important infrastructure for 96 CITY OF SEWARD,ALASKA RESOLUTION 2020-034 Alaska and the nation as a refueling and resupply port for the U.S. Coast Guard and U.S. Navy, and it is urgent the Freight Dock be expanded to meet continued demand; and WHEREAS, the City of Seward has a long and collaborative partnership history with the Alaska Railroad Corporation, including the most recent three previous TIGER Grant applications (2017 Master Planning Grant successful) and the 2019 BUILD Grant application; developing trade routes and supply chains with shared customers; beautification, safety and transportation projects in the industrial area and along Port Avenue; and working together after the 1964 earthquake rebuilding important economic infrastructure; and WHEREAS, the City of Seward and Alaska Railroad Corporation have investigated all funding options and found there are not adequate funding sources available to fund the Freight Dock Expansion and that the PIDP grant funding is necessary to fully fund the project; and WHEREAS, the City of Seward pledges to commit $219,120 worth of in-fill gravel per year for three years, totaling $657,360, to the project and staff time to collaborate as needed; and WHEREAS, the City of Seward pledges to utilize sufficient funding for signage and beatification items for Port Avenue and the staff time to collaborate as needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City of Seward agrees to be joint-applicants with the Alaska Railroad Corporation for the FY20 Maritime Administration's (MARAD) Port and Infrastructure Development Program (PIDP), with the Alaska Railroad Corporation as lead applicant accepting and managing project funds. Section 2. The City of Seward hereby authorizes submission of a PIDP grant application as a joint-applicant to the Alaska Railroad Corporation to the U.S. Department of Transportation funding the Seward Marine Terminal Freight Dock Expansion and Port Avenue Road Project. Section 3. The City of Seward hereby authorizes the city manager to sign all required documents for purposes of this application Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27�' day of April, 2020. 97 COUNCIL AGENDA STATEMENT Meeting Date: April 27,2020 To: City Council From: City Manager, Scott Meszaros sr Agenda Item: Authorizing a joint application with the Alaska Railroad Corporation to the U.S. Department of Transportation Maritime Administration's (MARAD) Port Infrastructure Development Program(PIDP) BACKGROUND&JUSTIFICATION: The National Defense Authorization Act for Fiscal Year 2020 (NDAA) and the Further Consolidated Appropriations Act, 2020 authorized and appropriated $225 million for the Port Infrastructure Development Program (PIDP) for grant funding to improve facilities within, or outside of and directly related to operations of coastal seaports,inland river ports, and Great Lakes ports. The Act directed that at least $200 million of the appropriated funds shall be for grants to coastal seaports or Great Lakes ports. Funds for the PIDP are to be awarded as discretionary grants on a competitive basis for projects that will improve the safety, efficiency, or reliability of the movement of goods into,out of, around,or within a port. The Alaska Railroad Corporation (ARRC), the owner and operator of the Seward Intermodal Terminal Reserve Port,has identified,through numerous community planning meetings,the need to meet regional and statewide demand by extending and widening the ARRC Terminal Reserve Freight Dock. As an ideal candidate for the PIDP grant program, the ARRC and the City of Seward wish to jointly apply for grant funding in order to proceed in our efforts to follow the City's adopted 2030 Comprehensive Plan. This application and subsequent award will support adequate port infrastructure that will serve the needs of users in the main industrial/Alaska Railroad Corporation Port. There is no conflict with City intent or other area users applying for a competing project for a PIDP grant during this funding cycle. The City of Seward has agreed to supply in-kind support for this grant application by aiding in the removal of deposits from the Lowell Creek outfall for fill material for the project as well as the staff time needed to coordinate these efforts. The City is also expecting to utilize CPV funds to acquire signage and beautification items for Port Avenue as well as the staff time needed to coordinate these efforts. INTENT: Jointly apply with the ARRC for a PIDP grant to widen and Iengthen the ARRC Freight Dock and invest in beatification and safety efforts along Port Avenue. 98 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan(document source here): Comprehensive Plan: 1.3.1 -Economic Development X 1.3.3- Transportation Facilities 2.2.7- Community Partnerships 2.2.9-Public Safety Strategic Plan (document source here) Page 3 —Growth Management and Land Use Planning Page 4-Transportation Facilities X Page 5-Economic Base Page 7-Improve and Expand Maritime Facilities Page 16 Expand Transportation Facilities Other (list): Previous Council Support and ARRC Master Planning X efforts FISCAL NOTE: There is no financial impact associated with this joint application/support Resolution. If the grant is awarded, in-kind contributions will be made within existing departmental budgets. Approved by Finance Department: ATTORNEY REVIEW: Yes No—X RECOMMENDATION: City Council Approve Resolution 2020-034 authorizing a joint application with the Alaska Railroad Corporation to the U.S. Department of Transportation PIDP grant program. 99 City of Seward,Alaska City Council Meeting Minutes April 13, 2020 Volume 41,Page x CALL TO ORDER The April 13, 2020 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Mayor Christy Terry led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Sharyl Seese (telephonically) John Osenga (telephonically) Tony Baclaan (telephonically) Dale Butts (telephonically) Julie Crites (telephonically) comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Corona-virus Disease 2019(CO VID-19), so alternate methods for providing Citizen Comments were created. The following written Citizen Comments were submitted in advance and read into the record by the City Clerk: Patricia Perry, CJ Rea, Lori Landstrom,Tamara Filipovic,Brenan Hornseth,Jenny Nakao,Joevahnta Weddington, and Nicole Lawrence all supported the Earth Day proclamation and the resolution to support establishing the Kenai Peninsula Borough Resilience and Security Commission. Lynda Paquette thanked council for their diligent response to the COVID-19 crisis and for trying to keep the community safe. She wished that council would conduct the city attorney interviews by the end of April. Rosa Salazar said a lot of people were suffering because of this crisis,and she felt that more communications and information should be shared. 100 City of Seward,Alaska City Council Meeting Minutes April 13, 2020 Volume 41,Page x Callie Bacon was concerned that people from other communities were coming to Seward to check on their second homes or to take seasonal jobs, and were not following the state mandate to quarantine upon arrival. Sherry Furlong wondered if the dumpsters could be produced in state,if an electric charging station could be installed at the Chamber of Commerce building, and if a section of the downtown streets could be turned into pedestrian-only. Carol Griswold thought the interviews for city attorney should be done using a virtual meeting tool. She also did not believe that using Commercial Passenger Vessel(CPV)funds for the Alaska SeaLife Center would be an appropriate use of the money. Laura Schneider supported having electric vehicle charging stations in Seward,establishing the Kenai Peninsula Borough Resilience and Security Commission, and requested that the city officially join the climate action planning cohort being developed for communities across the state. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Approval of Agenda and Consent Agenda Baclaan postponed the discussion for re-scheduling the city attorney interviews using a virtual meeting tool to April 27, 2020. Crites removed Resolution 20-028 from the consent agenda. Terry removed Resolution 20-032 from the agenda at the request of the city clerk. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-027,Extending The City's Current State Of Emergency In Response To The Coronavirus (COVID-19) Outbreak, And Requesting State and Federal Relief Assistance. Resolution 2020-029,Authorizing The City Manager To Purchase Dumpsters For The City Campgrounds And The Seward Boat Harbor From Capital Industries In The Amount of $89,070,And Appropriate Funds. Resolution 2020-030, Authorizing The City Manager To Enter Into An Agreement With Harmon Construction,Inc.For Constructing An ADA-Compliant Ramp And Parking At City Hall In The Amount Of$80,663,And Appropriating Funds. Resolution 2020-031,Supporting The Establishment Of A Kenai Peninsula Borough Resilience And Security Commission. 101 City of Seward,Alaska City Council Meeting Minutes April 13, 2020 Volume 41,Page x Approval of the March 23, 2020 City Council Regular Meeting Minutes. Approval of the new liquor license and Restaurant Designation Permit#5872 for Firebrand BBQ. Non-objection to the renewal of liquor license #324 Beverage Dispensary for The Seward Alehouse. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards Earth Day National Library Week & Amnesty Month Borough Assembly Report. Kenn Carpenter was not present, but Terry read from the report in the packet, stating that the Assembly's next meeting would be April 21, 2020. City Manager Report. Scott Meszaros reported the following purchase orders between $5,000 and$30,000 had been approved by the City Manager since the last council meeting: $58,671 to Craig Taylor for a Bobcat Toolcat for the Parking Department; and, $170,000 to the Boys&Girls Club for comprehensive youth program services at the Teen Youth Center(TYC). Meszaros called attention to the city's website where there was a dedicated section for COVID-19 which included important information about the state mandates,for local businesses,and regular reports, press releases, and updates. Meszaros reported the city was under a temporary hiring freeze, due to the pandemic. Terry thanked the city manager for establishing a dedicated section on the city's website for COVID-19; the website was mobile-friendly. Terry added that the city clerk distributed a Community Situation Report three times a week that contained valuable information, and encouraged citizens to sign up to receive the emails. In response to Terry, Meszaros explained that the city had stood up a virtual Emergency Operations Center(EOC)when the city declared a public health emergency. The city's EOC was in steady contact with the borough's EOC. He added that all department heads were accessible by phone or email. In response to Baclaan, Meszaros confirmed that all departments were active, and the harbor has moved to summer hours and were open seven days a week now. Other Reports and Announcements —None Presentations 102 City of Seward,Alaska City Council Meeting Minutes April 13, 2020 Volume 41,Page x Kenai Peninsula Economic Development District(IPEDD)Presentation by Tim Dillon PUBLIC HEARINGS Ordinances for Public Hearing and Enactment—None Ordinances 20-002 and 20-003 are due to come for public hearing and enactment tonight, but will be postponed to a future meeting when it is safe for the public to appear and provide testimony, in keeping with CDC guidelines on COVID-19. UNFINISHED BUSINESS —None NEW BUSINESS Resolutions Resolution 2020-028, Ratifying Additional Temporary Emergency Operation Rules And Procedures Implemented By The City Manager In Response To The Public Health Emergency Caused By COVID-19. Motion (McClure/Seese) Approve Resolution 2020-028 Meszaros said the city was continuing to implement the State Mandates set by the governor, and this resolution would update the rules based on additional mandates that had been released or updated. Meszaros pointed out that the updates to the rules were underlined for easy identification, had been implemented last week,and were coming to council for ratification;council could edit the rules tonight as they saw fit. Meszaros pointed out that the new language included COVID-19 protection measures and protocols for businesses, mutual aid agreements, and social distancing. Motion to Amend (Crites/Seese) Amend Resolution 20-028 in Rule 12.Social Distancing, by adding a new second sentence that reads, "In addition, the City of Seward mandates that all persons wear a cloth face covering,if not inside their place of residence or place of lodging." Baclaan agreed that people should be wearing face coverings in public, but also expressed several concerns: some people were unable to wear masks for a variety of reasons; some citizens were taking it upon themselves to enforce the state's mandates, and were not always kind about it; and, not everyone had access to masks or proper face coverings. Butts didn't understand how the city would enforce this rule. hi response,Meszaros said the 103 City of Seward,Alaska City Council Meeting Minutes April 13, 2020 Volume 41,Page x City of Cordova had recently instituted a fine schedule,but enforcement was the area where a lot of tensions arose.McClure concurred that enforcement would be a challenge,but believed masks were becoming more easily available. Seese wished to have the language say request rather than mandate. Motion to Amend Passed Yes: Crites,McClure, Osenga, Baclaan, Butts, Terry No: Seese Motion to Amend (Baclaan/Osenga) Amend Resolution 20-028 by adding to the end of the new second sentence, "...effective on April 14,2020 at 9:00 p.m." Motion to Amend Passed Unanimous Meszaros clarified that once the declaration of emergency was rescinded, so would these rules. Motion to Amend(Crites/Baclaan) Amend Resolution 20-028 by adding a new third sentence that reads, "Per CDC guidelines, children under two years old are not required to wear face coverings." Motion to Amend Passed Unanimous Main Motion Passed Unanimous Other New Business —None INFORMATIONAL ITEMS AND REPORTS On-Going City Project and Goal List CITIZEN COMMENTS—None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Baclaan thanked everyone for their cooperation and for providing citizen comments. He believed everyone was working very hard every day to do the best they could, and hoped everyone stayed safe and healthy. Butts thanked the city manager and city clerk for pulling the virtual meeting together. He encouraged citizens to sign up for the email distribution list so they would receive updates and information. Butts thanked the citizens for providing comments, and reminded everyone that the 104 City of Seward,Alaska City Council Meeting Minutes April 13, 2020 Volume 41,Page x bears were waking up. He encouraged everyone to keep doing what they were doing because it was working to keep everyone safe from the virus. Crites thanked council for passing the amendment to Resolution 20-028 and thought Seward would be a good example for other communities. Seese thanked everyone for their citizen comments, and thanked the city manager and city clerk for the meeting. She hoped everyone would stay healthy. Osenga thanked the city clerk and city manager for the virtual meeting, and the citizens for their comments; he thought it had been a productive meeting. Osenga encouraged everyone to take the Census because it was really important. McClure also asked citizens to take the Census, and added that it did not involve private information. She encouraged everyone to call their friends and loved ones to stay in touch during this difficult time. McClure was encouraged to see the trees and dandelions starting to bloom. Terry admonished everyone to remain vigilant, and have clear and focused resolve for the next few weeks so that Seward did not suffer a surge. Meszaros said he needed to have the remote sales tax ordinance enacted because the deadline was coming up quickly. He might call for a special meeting on Thursday. ADJOURNMENT The meeting was adjourned at 9:33 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 105 City of Seward,Alaska City Council Special Meeting Minutes April 15, 2020 Volume 41,Page x CALL TO ORDER The April 15, 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 Sharyl Seese (telephonically, at 5:05 p.m) John Osenga (telephonically) Tony Baclaan (telephonically) Dale Butts (telephonically) Julie Crites (telephonically) comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Holly Wells, City Attorney (telephonically) Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019(CO VID-19), so alternate methods for providing Citizen Comments were created. The following written Citizen Comments were submitted in advance and read into the record by the City Clerk: Maya Moriarty,Lynda Paquette,and Rhonda Hubbard all supported council's efforts to protect the community, but requested that face coverings only be required when citizens were in public locations like the grocery store and post office, or when they would potentially be sharing spaces with others Callie and Andrew Bacon,Jen Leahy,and Halley Werner and Nathaniel Charbonneau all supported council's mandate to require face coverings in public. Tara Reimer was contacted by telephone to deliver her comments: Reimer said she applauded council's concern for public safety in issuing the face covering mandate,but thought they 106 City of Seward,Alaska Citv Council Special Meeting Minutes April 15, 2020 Volume 41, Page x should be worn only in public or if there was not another, more appropriate face covering already required to be worn for their job. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. UNFINISHED BUSINESS Items for Reconsideration Resolution 2020-028, Ratifying Additional Temporary Emergency Operation Rules And Procedures Implemented By The City Manager In Response To The Public Health Emergency Caused By COVID-19. Motion to Reconsider (McClure/Terry) Reconsider Resolution 2020-028 Motion to Reconsider Passed Unanimous Motion to Amend(Terry/McClure) Amend Resolution 20-028 by striking, "In addition,the City of Seward mandates that all persons wear a cloth face covering if not inside their place of residence or place of lodging; this goes into effect on April 14, 2020 at 9:00 p.m. Per CDC guidelines, children under two years old are not required to wear face coverings." Motion to Amend Passed Unanimous Motion to Amend(Crites/Baclaan) Amend Resolution 20-028 by adding new language in Rule 12 — Social Distancing starting as the second sentence that reads, "The City of Seward mandates that all persons over the age of two are required to wear some form of covering over their nose and mouth, such as a homemade mask, scarf, bandana, or handkerchief, when entering into or inside of any building open to the public, when using public transportation, taxis, or ride shares, or 107 City of Seward,Alaska City Council Special Meeting Minutes April 15, 2020 Volume 41,Page x when pumping gas. It is also strongly encouraged that those engaging in an outside physical activity wear a facial covering if they are unable to keep a distance of six feet or greater from others who are not in their own shelter group, which includes household members. This section shall not apply to persons that are riding in a personal vehicle, that are alone in a separate single space, that are with their own shelter group/household members, when doing so also poses a greater health, safety, or security risk, or for consumption purposes." Crites said she and Baclaan had been working on revised language to bring forward since Monday night's council meeting in order to address everyone's concerns about the restrictive nature of the mandate,but still trying to protecting the public.Baclaan added that much of the language had been pulled from what other municipalities had done. In response to Butts, Baclaan said he would welcome input from the city attorney for guidance on language related to enforcement. City Attorney Holly Wells said Seward's city code included a provision to enforce the mandated rules under the Emergency Operations Plan; other communities were required to pass an emergency ordinance allowing them to enforce the mandates. Wells went on to say the manner in which the amendments were made to this resolution were not in compliance with the Emergency Operations Plan;instead,if council wished to set mandates,council would have to bring forward a separate resolution. Meszaros said these temporary rules had been written under his authority,which prohibited him from going beyond the governor's mandates. So in order to include council's face covering mandate under these rules, he suggested creating a separate section and notating it as a council provision. Terry stated that it was her understanding that the attorney was now informing council that they did not have the authority to make amendments to this resolution.Wells confirmed.Osenga was confused and asked for clarification about whether council was able to amend the resolution that they already amended once. Wells said the city manager,under these emergency circumstances,had the authority to promulgate rules which later came to council for ratification; council also had the authority to promulgate rules, but separately and as regular council business. Wells said if council really wanted to add a face covering mandate tonight,one option would be to amend the title of the resolution to both confirm the revisions set forth by the city manager as presented, as well as to create a new council rule to require masks in public places. McClure said, based on the attorney's input, it sounded like council needed to fail this amendment, pass the resolution as originally presented, and then take up the matter of council imposing rules at another 108 City of Seward,Alaska City Council Special Meeting Minutes April 15, 2020 Volume 41,Page x time. Terry said, with the new information received tonight, she would be voting against this amendment. Motion to Amend Failed Unanimous Motion to Amend (Crites/) Amend Resolution 20-028 in the title by adding the following words at the end, "...and promulgating City Council Emergency COVID-19 Rule #1 requiring face coverings in public locations within the city." and adding a new Section that reads, "The City Council hereby promulgates Emergency COVID-19 Rule#1 mandating that all persons over the age of two are required to wear some form of covering over their nose and mouth, such as a homemade mask, scarf, bandana, or handkerchief,when entering into or inside of any building open to the public, when using public transportation, taxis, or ride shares, or when pumping gas. It is also strongly encouraged that those engaging in an outside physical activity wear a facial covering if they are unable to keep a distance of six feet or greater from others who are not in their own shelter group, which includes household members. This section shall not apply to persons that are riding in a personal vehicle, that are alone in a separate single space, that are with their own shelter group/household members, when doing so also poses a greater health, safety, or security risk, or for consumption purposes." Motion died for lack of second. Baclaan said he didn't offer a second to the amendment because he preferred to work with Crites to develop a separate resolution to bring back. Crites was concerned that the more time that went by,the longer the public would be at risk. Main Motion Passed Unanimous Clerk's Note:At tonight's meeting, the city attorney stated that council did not have the authority to 109 City of Seward,Alaska City Council Special Meeting Minutes April 15, 2020 Volume 41,Page x make amendments to the rules promulgated by the city manager. Therefore, the amendments made to the rules at the April 13, 2020 council meeting, which in turn prompted the reconsideration of the resolution at tonight's meeting, were not lawful. In order to remedy the unauthorized amendments from April 13, 2020, the resolution should have been brought forward under a motion to rescind rather than a motion to reconsider, so that the original action would effectively be canceled.Instead, the motion to reconsider, and then the subsequent amendments made tonight to undo the amendments made at the previous meeting, only served to compound the unauthorized action. The actions taken by council tonight were performed under advice of the city attorney. CITIZEN COMMENTS—None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meszaros thanked council and said there were a lot of communities that were struggling with similar issues. He believed the intention was good and applauded council's efforts. Osenga thanked Crites and Baclaan on their work;he believed this issue would be addressed in the future. Butts thanked Baclaan and Crites for their work; he reminded everyone that the original concern was brought forward by a front-line healthcare worker. He asked everyone to use common sense and look after one another. Seese wondered how quickly a resolution could be brought forward.Wells responded that she would make herself available to work on it. Seese was concerned with how such a mandate could be enforced. Baclaan thanked Crites for working with him on the language.He believed at this time that the city needed strong legal advice. He wished everyone would be kind and courteous to each other. Baclaan was willing to continue working on this topic. Crites thanked Baclaan for his help. She thanked all the citizens for their emails and comments. Crites believed that everyone was doing a good j ob in town,but had concerns about how things would be with increased summer activity. McClure had spoken to a lot of citizens about this subject and heard their concerns. She wanted to make sure that, following this meeting, the citizens understood that face coverings were not mandated in Seward in order to mitigate confusion. She was confident that there would be a balance struck in the future. Terry recognized the community's fears about COVID-19, and reassured those most outspoken that council's intention was not to strip anyone of their civil liberties or institute government overreach; between Monday night's council meeting and now, she had been met with 110 City of Seward,Alaska City Council Special Meeting Minutes April 15, 2020 Volume 41,Page x anger and hatred from many citizens. She asked everyone to demonstrate peace and kindness with each other going forward. Wells clarified that the city's emergency rules automatically encompassed the state's mandates; State Mandates 10, 11, and 12 all had specific fines and penalties associated with them. ADJOURNMENT The meeting was adjourned at 6:15 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 111 Council Agenda Statement Meeting Date: April 27, 2020 From: Christy Terry, Seward Mayor Agenda Item: Resume Board/Commission Meetings and Council/Board/Commission Work Sessions BACKGROUND & JUSTIFICATION: During this unprecedented time of the Global,National,State and Local Declared Health Emergency, City Facilities are closed, with only essential workers coming into the workplace, while others are working from home. All City employees are practicing the recommended State and Local guidelines to ensure both staff and public's protection. Since March 24, 2020 at 5:00 p.m., Health Mandate 909 issued from the State of Alaska, all gatherings of 10 people or more were/are restricted,but if a gathering took place,then people must be six feet apart from each other and practice other social distancing health protections. Both the Borough and City of Seward ceased non-essential business items at Regular Meetings and also suspended Board and Commission meetings. Since that time Clerk and other City Administrators have worked diligently to develop temporary meeting processes and adopt procedures allowing Council to continue to meet and involve the public. These same processes and procedures have been implemented, tested and are successfully allowing Council Regular Meetings to continue. At this time, it is possible to utilize the same protocols and procedures to allow Historic Preservation, Planning and Zoning and the Port and Commerce Advisory Board to resume their meetings. Also, it could potentially allow Council Work Sessions to resume. INTENT: 1) Resume Historic Preservation Commissions,Planning and Zoning Commission and Port and Commerce Advisory Board Regular meetings. Allow the Board and Commissions to vote on the option to resume Work Sessions based on what works best for them and their support Administration. 2) Council discuss and consider scheduling postponed Work Sessions: Electric Department Work Session, Seward Bear Creek Flood Service Area Board Joint Work Session to discuss Resurrection River mitigation (this might have to remain postponed based on Kenai Peninsula Borough Policies,Attorney Interviews,etc.) Council might also consider setting a future Work Session to discuss economic and social impacts of the current emergency and how to mitigate. 112 CONSISTENCY CHECKLIST: Where applicable,this resolution is consistent with the Seward City Code,Charter,Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: Council Temporary Meeting Processes FISCAL NOTE: No additional financial impact. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Possible motions: "I move to resume Historic Preservation,Planning and Zoning and the Port and Commerce Advisory Board Regular Meetings per schedule outlined in City Council Rules of Procedures to pattern after Council's new policies. Each Board and Commission can self-determine, in consultation with administration, if they are ready to resume work sessions." "I move to resume Council Work Sessions." Council Members can then propose and vote on which Work Sessions to schedule and when. 113 AGENDA STATEMENT Meeting Date: April 27, 2020 From: Council Member Baclaan Agenda Item: Attendance for the upcoming Rural Energy Savings Program(RESP)webinar to be held on April 29, 2020 regarding FDA loans BACKGROUND & JUSTIFICATION The Port&Commerce Advisory Board(PACAB)has been discussing possible loans from the FDA regarding loans on a program that could help the residents of Seward install air to air heat pumps in their homes. PURPOSE& INTENT This could help residents lower their carbon footprint and get help making this change by a loan program administered by the COS with loan money from the FDA. RECOMMENDATION Request the city manager have a member from finance attend this webinar so they can ask questions to assess if this is a right fit for the City of Seward. 114 L-1 169 0) 1: USDA-.Rural Energy Saving=-Program(RESP)Webinar- Message(HTMQ o O F Message Lasertiche Acrobat p ,..kIgnore Meeting Brenda's Old Mail LiYWlli 6,Rules- 3 Mark Unread Find � 4 To Manager A OneNote p®categorize 45 L&Related Junk- Delete Reply Reply Forward rQ More- Move Translate Zoom All Team E-mail = E3 Actions- Follow Up- _ H} Select- Delete Respond Quick Steps r Move Tags r Editing Zoom From: Brenda Ballou Sent: Fri 4/17/2020 4:26 To: bballou@"ofseward.net(bballougdTyofseward.net)Cbballou@dtyofseward.nef) Cc: SubjecL USDA:Rural Energy Savings Program(RESP)Webinar USDA Rural Development Together, rr America r * Prospers am— U.S.DEPAKrMENTOF AGRICULTURE Register Now: Rural Energy Savings Program (RESP) Webinar Join USDA Rural Development on Wednesday.April 29 at 2 p.m.Eastern Time to learn how to apply for funding under the Rural Energy Savings Program(RESP to help rural families and small businesses reduce energy costs through energy efficiency improvements. Through the RESP program: qualified utilities and energy efficiency service providers can provide loans to rural families and small businesses to help them reduce energy costs and make energy efficiency improvements. The funds also may be used to replace manufactured housing units with more energy- efficient ones. This,webinar will provide an overview of program requirements and the application process. Participants will also have the opportunity to participate in a moderated Q&A session to ask technical questions about their applications and the program. Registertodayl USDA �^ [Questions? Contact Us RURAL OEVELUPMENT STAY CONNECTED: G ** USDA is an equal opportunity provider,employer,and lender. SUBSCRIBER SERVICES: Manage Preferences I Delete Profile I Help This electronic message contains information generated by the USDA solely for the intended recipients.Any unauthorized interception of thrs message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties.if you behave you have received this message in error,please notify the sender and delete the email immediately. 115 Rural Development U.S.DEPARTMENT OF AGRICULTURE USDA am RURAL ENERGY SAVINGS PROGRAM What does this program do? The Rural Energy Savings Program (RESP)provides loans to rural utilities and other companies who provide energy efficiency loans to qualified consumers to implement durable cost-effective energy efficiency measures. Who may apply for this program? Eligible applicants under the RESP include current and former RUS borrowers, subsidiaries of current or former RUS borrowers, and entities that provide retail electric service needs in rural areas. What are the Types of Eligible Borrowers? RUS makes loans to corporations, states, territories, and subdivisions and agencies thereof, municipalities; people's utility districts; and cooperative, nonprofit, limited-dividend, or mutual associations that provide or propose to provide: 1. The retail electric service needs of rural areas, or 2. The power supply needs of distribution borrowers under the terms of power supply arrangements satisfactory to RUS, or 3. Eligible purposes under RESP, including energy efficiency, renewable energy, energy storage or energy conservation measures and related services, improvements, financing, or relending. What are the terms of the loans? • Up to 20 years at a 0%interest rate • Up to 5% interest rate for relending to end users qualified consumers, for up to 10 years • Up to 4% of the loan total may be used for startup costs What is an eligible area? We encourage you to contact us to determine whether your program would serve an eligible rural area. How may funds be used? Funds may be used for the purpose of implementing energy efficiency measures to decrease energy use or costs for rural families and small business. How do we get started? • Applications for this program will be accepted on a first come first serve basis until the depletion of available funding. Please see the funding announcement which provides detailed information on the RESP program including how to apply. • Letter of Intent Who can answer questions? Contact Bob Coates at Robert.Coatesgusda.gov . What governs this program? These loans are made available under the authority of section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U. S.C. 8107a) (Section 6407). 116 Why does USDA Rural Development do this? USDA is committed to offering a variety of financing options to expand efforts to help rural communities save money, reduce the need to purchase or generate energy, reduce emissions from generation of electricity, and help strengthen rural economies through job creation for energy efficiency and conservation projects. 117 AGENDA STATEMENT Meeting Date: April 27, 2020 From: Brenda Ballou, City Clerk Agenda Item: Discuss moving forward with the Recodification of Seward City Code BACKGROUND & JUSTIFICATION In February, 2020, the Seward City Council performed an annual evaluation of the City Clerk, a part of which involves setting goals for the coming year. One of the goals set by council for the clerk was to "research and bring back options for performing a full recodification of the Seward City Code. PURPOSE& INTENT The reason for performing recodification of city code is to align the city code with the city's Ordinances and Charter, and State Law and State Constitution. The review is performed by attorneys working on behalf of the vendor who are charged with uncovering any discrepancies in the language, and who produce a final report of their findings for the city council to review and act upon. COST & CONSIDERATIONS The vendor recommended to perform the recodification is Municode, the same company with whom the city has been working with for many years to provide the online delivery of city code,as well as hard copy Code. Municode has always been very responsive and professional to work with. The total cost of the recodification will be $15,000 (split over two years), and will take approximately one year to complete. RECOMMENDATION Consider moving forward with the recodification of the Seward City Code. Should council choose to move forward, direct the city clerk to bring back a resolution for a mid-cycle budget amendment (split between 2020 and 2021), as well as a resolution for the contract. 118 4 municode '�*�' CONNECTING YOU & YOUR COMMUNITY RECODIFICATION, SUPPLEMENTATION AND ONLINE CODE HOSTING SERVICES Seward Alaska � 2 February 14, 2020-Quote valid for 90 days ( , } r xe. � 1 rr� Dennis V. Cimatu Account Executive Phone 800-262-2633 ext. 7034 Cell 831-601-9358 Email Dennis@municode.com PO Box 2235 Tallahassee, FL 32316 100 o - LETTER OF INTEREST February 14, 2020 Ms. Brenda J. Ballou City Clerk City of Seward P.O. Box 167 Seward, AK 99664 via email: bballou(a7cityofseward.net Ms. Ballou: Thank you for speaking with Account Executive Dennis Cimatu regarding the recodification of the City's Code of Ordinances. This proposal will provide the scope of services and pricing for the recodification process, which will result in an official Code of Ordinances that is free from internal conflicts and inconsistencies, conforms to the laws of the State of Alaska and is easily accessible in print and online to staff and citizens alike. Our staff includes 12 in-house professional codification attorneys who have completed hundreds of codification and recodification projects nationwide.We will be happy to provide a recent Legal Review Memorandum sample upon request. With over 69 years of experience, Municode is the oldest and most trusted codifier in the nation.We currently provide codification services to over 4,000 municipalities throughout the United States and host over 3,600 municipal codes online via our code hosting platform, MunicodeNEXT. Whether it's through the legal codification or recodification process,full-service or self-service supplementation options, online legislative search tools, meeting management and agenda software or custom government website design, we have the experience, resources and expertise to provide our local government clients with innovative products, superior technology and excellent customer service. We invite you to visit our corporate website at https://www.municode.com/to explore our full suite of government services. t Our Supplement team includes 14 teams of Legal Editors and Proofreaders who are dedicated to providing the most accurate and efficient supplement process possible for the ongoing maintenance of your new code. Our code hosting platform, MunicodeNEXT, is the nation's most advanced, accessible and intuitive website for government codes—allowing your staff and citizens to have access to your current code and all archived versions of your code, every official copy of your ordinances,the power to compare versions of your code over time, the ability to be notified every time your code is updated and a powerful search engine capable of simultaneously searching your code, ordinances, minutes, resolutions, budgets and more. Customers who trust Municode with both their online codes and their municipal website enjoy the added benefit of a unified search engine.With a simple button click, you can easily filter your website search results to pull up all matches within your online Code of Ordinances. To start the recodification process, simply make your selections on pages 3-5 of this proposal and fill in and sign the signature page on page 13. If you have any questions, Dennis can be reached at 831-601-9358. Thank you for the opportunity to submit this proposal! Sincerely, Bob Geiger Vice President of Sales Phone: 850-692-7132 bgeiger(aDmunicode.com i ' • EXECUTIVE SUMMARY Recodification, Supplementation and Online Hosting Logic: Give your municipality a fresh start. Engage our full-time attorneys to examine the legal sufficiency of your code from top to bottom. Clean up the pagination, reprint all pages and replace binders and tabs, if needed. Quickly and efficiently transition your code to the most advanced suite of web/mobile services available in the nation: MunicodeNEXT * Recodification...............................................................................................................$15,0001 Timeline.......................................................................................................................... 10-12 months .� The recodification base cost of$15,000 is based on a 750 page, single column 10-point code (or 848 11-point pages or 938 12-point pages). A full-time, Municode attorney will legally review the ordinances, not just a code editor. V We will research all legislation against the State Constitution, State Law, and the Charter, and ordinances will be compared to Code content to determine if there are inconsistencies or conflicts within the legislation itself. We will suggest a structure and organization for the code and provide a table of contents indicating the recommended structure.We will also provide State Law references within the code and hyperlinks to internal references within the code. We will provide a legal memorandum containing recommended options and conduct a conference to review the memorandum and recommendations. Our team will edit the text of your code to reflect proper grammar and stylistic consistency; create a subject matter index; create all tables(contents, State Law reference, prior code comparison, and ordinance disposition); and insert graphics into the printed and electronic versions of the code. A draft code will be provided to you for final review prior to printing and shipment. _ r Supplement Service(single column per page rate)..................................................... $19 (� Municode does not charge an extra fee for posting supplements online or printing your R i supplement pages. All of these services are already included in your supplement per page rate. i * Online hosting = MunicodeNEXT! .............................................................................$5502 iU The online code is only$550 for our standard service. If you want to further enhance the transparency of your online code, you can upgrade to the MyMunicode bundle for only$1,420 annually! l Please see page 3 for additional pricing details. 2 Please see page 5 for additional features and pricing available on our MunicodeNEXT platform. Page 2 RECODIFICATION QUOTATION SHEET Recodification base cost, includes $15'0003 * 750 single column 10-point font pages * Receipt, review and organization of materials * Legal analysis & research, Gender Neutralization of Code by Municode codification attorney * Preparation of legal memorandum by a Municode attorney * Conference with attorney(make selections below) * Implementation of approved legal findings * Updating State Law references * Editorial preparation and proofreading Page formatting (make selections below) * Indexing Tables4, Graphics5&tabular matter6 * Final proofreading and corrections * Quality control review and printing * 10 printed copies', to include 3-post stamped binders and tabs ` * Sample adopting ordinance prepared by a Municode attorney ` Project is based on the font size& pages below—please only select one: Font Size Single Column: ❑ 10-point(750) ❑ 1 1-point (848) ❑ 12-Point (938) Conference Selection: ❑ On-site conference, each Attorney time,travel, lodging and per diem ❑ Teleconference or web-based conference, 3-hour session No charge8 Format Elections (Please check or circle desired elections below) WTI Font: Times New Roman-Will be used as the font unless otherwise indicated. - Other choices include: Palatino Century Gothic,Gill Sans, Arial, Bookman, Garamotld, and New Century Schoolbook Binder Color: ❑ Semi-Bright Black ❑ Dark Blue ❑Hunter Green ❑ Burgundy Binder Stamping Color: ❑ Gold ❑ Silver Items not included in base cost * Pages over 750 10-point , single column pages per page (or equivalent) $20 * Freight Actual * State sales tax If applicable * Post your code on Municodeli See selections on page 5 Payments for recodification project- Your project can be budgeted over two fiscal years * Execution of Agreement $5,300 * Submission of the Legal Memorandum $3,750 * Submission of Draft Code $3,750 �( * Delivery Balance 3 Legislation added to the project must be approved and received prior to the established cutoff date. Following the delivery of the final code draft for client proofing,any extensive changes requested in the Code content, and/or any material added to the Code that was not previously contemplated,will be subject to an additional Proof Update fee. Proofs not returned within 45 days may be subject to a proof update fee, if applicable. `'The following tables will be created and are included in the base cost:supplement history table, code comparative table, State Law reference table and ordinance history table.An additional 1 ourly charge applies for creation, modification, addition or updating of any table or schedule other than those enumerated in this footnote.This includes Traffic and Fee tables or schedules. 5 Includes printing all copies. 6 Tabular matter is defined as algebraic formula, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. Quotes for additional Copies, binders and Tabs may be provided upon request. s For the initial 3-hour session, then$150 per hour thereafter. Page 3 SUPPLEMENTATION QUOTATION SHEET Supplement Service Base Page Rate Y � Page Format Base Page Rate Single Column $19 per page Base page rate above includes: ` �k Acknowledgement of material Data conversion, as necessary * Editorial work L� Proofreading Updating the index * Schedule as selected by you1° * Updating electronic versions" and online code * Printing 10 copies Base page rate above excludes: * Freight Actual * State sales tax If applicable Images, Graphics12&tabular13 matter, each $10 * Annual Administrative Support Fee $250 * MyMunicode or online code Selections on page 5 Electronic media options for Code of Ordinances (sent via download)14 ❑ Foiio Bound Views $295 initially then $100 per update ❑ WORD (DOCX) $150 initially then $75 per update ❑ Adobe PDF of the code $150 initially then $75 per update ❑ Adobe PDF of each supplement $150 initially then $75 per update V Invoices for Supplements and Additional Services will be submitted upon shipment of project(s). 9 All prices quoted in this section may be increased annually in accordance with the Consumer Price Index(GPI)for All. Urban Consumers. 10 Schedule for supplements can be weekly, bi-weekly, monthly, bi-monthly,quarterly, tri-annual, semi-annual, annual or upon authorization. Electronic updates can occur more frequently than printed supplements. 11 We do not charge a per page rate for updating the internet; however, a handling fee is charged for PDF, Word, Folio or additional electronic media items ordered. 12 Includes printing of all copies. 13 Tabular matter is defined as tables, algebraic formula, or other materials that require special programs or extra editorial time to modify and prepare for inclusion in an update. 14"delivery"is defined as making updated electronic data available to you via download or FTP. Fee applies whenever content is delivered as PDF, Folio or Word, via one of the aforementioned mediums. Page 4 ONLINE CODE HOSTING QUOTATION SHEET (MunicodeNEXT) Online features can be purchased on an a la carte basis, or through our MyMunicode bundle for the best value. Please visit our online library of over 3,600 codes on MunicodeNEXT here. Please check the appropriate box(es)to indicate your selection: STANDARD CODE HOSTING ❑ Online Code =MunicodeNEXT, annually d $550 Mobile friendly site. Full functionality and optimal screen resolution on afl devices. In-line images& scrolling tables&charts. Narrow, Pinpoint&Advanced(including Boolean)Searching. Previous and Hit buttons, Persistent breadcrumb trail. Print or Save as formatted WORD(DOCX). Google Translate supports over 90 languages. Social Media/Email. Share links to sections via email, Facebook, Twitter, etc. OPTIONAL SERVICES ❑ CodeBank annually $150 Permanent online collection of previous versions of the code. ❑ OrdBank annually(or per ordinance) $325 Permanent online collection of ordinances with hyperlinks from history notes, supplement history table, ($35) and code comparative table to ordinances. This service applies to amendatory(included)ordinances only. ❑ OrdlBank +OrdLink annually(or per ordinance) $425 Provides hyperlinks from newly adopted amendatory legislation to sections of the code to be amended. ($60) ❑ CodeBank Compare +eNotify15 annually $250 Compare any two versions of your online code(starting with the first Municode supplement). Notify provides readers email updates each time the code is updated. ❑ MuniPRO Service annually $295 Search over 3,600 online codes/ordinances. Attach notes to codes and drafts of new legislation. ❑ Custom Banner one-time fee $250 Customize MunicodeNEXT to match the look of your website. ❑ MuniDocs16 annually, upgraded self-loading capabilities —first 3 months service at no charge! $350" Host any other municipal documents in a fully searchable format, including Minutes,Agendas, Resolutions, Budgets and more for self-loading to the MuniDocs platform! My Municode - Value Pricing! ❑ MyMunicode annually $1,42018 Includes MunicodeNEXT(Online Code), OrdBank, CodeBank, CodeBank Compare + eNotify, Munill and Custom Banner RECOMMENDED ADDITIONAL SERVICE (See pages 11 & 12 to review additional services) ❑ MunicodeMEETINGS Agenda Management Software, annually $3,200 Cloud-based agenda meeting management system.Streamlines and automates agenda process. Increases agenda process visibility, easy agenda updates, approval workflow, live council voting & roll call, email notifications, a unified document search and automated approval routing. Enrollment in CodeBank is required in order to receive the CodeBank CompareleNotify technology. Your MuniDocs files can also serve as storage for archived ordinances within the MuniDocs platform. Unlike our online OrdBank feature,these self-loaded archived ordinances will not be linked to the legislation within the online Code.All ordinances for codification and all ordinances for linking via our OrdBank feature can be emailed to us at ords(a)municode.com. '' Includes up to 25 GB storage. Quote for additional storage is available upon request. 18 Total value if each item were to be purchased a la carte would be approximately$1,570 per year with participation in our OrdBank service. Page 5 COMPANY PROFILE History, Mission, and Team With over 69 years of experience, Municode's mission is to connect public sector organizations with their communities. Our solutions promote transparency and efficiency - such as custom website design, meeting and agenda management, the legal codification process, and our robust suite of online legislative" search tools. Municode partners with more • • than 4,000 government agencies across all fifty states. ,. Municode is a privately-owned financially sound corporation. Our leadership focuses on ti 1y improving Municode through investments in its people and its technology. Our culture is conducive to the longevity of our : r employees; our clients can establish a long-term partnership with our experienced and stable workforce. Municode is home to over 160 employees (most of whom enjoy a 10+year tenure), Our headquarters in Tallahassee, Florida includes Y1 • . . 9 II four buildings totaling 56,000 �� `.!� CONNECTING square feet. We have regional � ��+ `� offices located in Rancho Mirage, YEnRsoFrg[mmm'"� 20 California; Loveland, Colorado; E(PERIEwcE 0 Sarasota, Florida; Boise and MILLION RESIDENTS WITH LOCAL GOVERNMENT Rexburg, Idaho; Carmel and Kewanna, Indiana; Stillwater, Minnesota; Charlottesville, Virginia; Hudson, New Hampshire; Asheville and Raleigh, North Carolina; Kaysville and Providence, Utah; Lake Oswego, Oregon; Fort Worth, Dallas and Edinburg, Texas Our Vision: Simple, Seamless Integration Our vision is to create seamless integration between our service offerings. The goal is to reduce staff workload, while at the same time, increasing the ability for municipalities to connect with their communities. The following example integration points are either in place today or envisioned in our future strategic roadmap. • Unified search across all platforms (website, meetings, online codes) • Auto-publish agendas and minutes from the Meetings platform to the Website MC • Ordinance auto-publishing from the Meetings platform to your online code, queued for supplementation, Code of ordinance cross-references to legislative voting history, minutes, and video/audio 10# �16.2017&2018 municolde SCOPE OF SERVICES Recodifcation & Republication Summary During the recodification process, the attorney assigned to your project will organize and examine every Chapter, Title and Section of your Code in order to ensure that it is free from internal conflicts and inconsistencies and conforms to the laws of the State of Alaska. Your Municode attorney will be available to consult with you and your staff at any time during the recodification process. This personal dialogue ensures that your code will accurately reflect the intent of your ordinances and the unique needs of your community. The complete process is outlined below. Ordinances.All legislation of a general and permanent nature, passed in final form by you as of the cutoff date established by you and your Municode attorney, will be included in the code.All material that we receive will be acknowledged via e-mail, in order to establish a record of included ordinances. Legislation not of a general and permanent nature will be omitted from the code unless otherwise instructed by you. Notations can be added in the code to reference legislation adopted by reference, if elected. Attorney Analysis and Review of Material YourUAunicode �Ileteam along with his/her team of legal editors, proofreaders and indexers will be assigned to thi project. Our will research the Code and all legislation submitted by you to ensure conformity with state statutes. A cursory review of specific federal law provided by the City may be included upon request. The ordinances will also be compared to Code content in order to determine if there are any inconsistencies or conflicts within the legislation itself. Ordinances enacted, or added, subsequent to the date of this agreement, or items not contemplated within the scope of service, may be included later at an agreed upon page rate.We will suggest a structure and organization for the code and provide a Table of Contents indicating the recommended structure. References to specific gender identification will be removed to create a gender neutral Code document. Page Format Options.We will work with you to determine the desired formatting and style of the new code, and will review page composition format options, such as font type,font size, page layout, and graphics appearance and placement with you. We will help you choose a format that produces a professional document that is easily researched. References.We will provide State Law References within the code. Editorial notes will be provided as appropriate. Internal references within the code will be hyperlinked in the online version. Legal Memorandum.We will provide you with a user-friendly Legal Memorandum containing all of our analyses and recommendations. This memorandum will reflect our attorney's Legal Review and will provide you with recommended options intended to remove conflicts and inconsistencies; conform to State Law, when appropriate; and ensure compliance with your charter. This approach facilitates collaboration and dissemination among departments, thus making the process as easy for you as possible. Our goal is to make the recodification process simple and smooth for you. a Conference. Within 30 days of your receipt of the Legal Memorandum, we will conduct a conference, eithe 'n person or via telephone or webinar, to review the Legal Memorandum and our recommendations. All interest personnel may be included, but your attorney and clerk are essential. Issues discovered during the legal research will be discussed at the conference, with the goal of the conference being to come to agreement on any required changes. Your attorney has the final decision-making authority for resolution of issues brought up � at the conference or noted in the Legal Memorandum. Editing and Proofreading. Our team will edit the text of your code to reflect proper grammar and stylistic consistency. We will not reword any provision that changes the substantive intent of the code, unless you i. approve the revision. However, non-substantive revisions to improve readability are a part of the process. We will proofread your code. The text will be reviewed for sense and structure and to ensure the implementation of the decisions by your attorney and our attorney. Index, Graphics and Tables. Our team will create a hierarchical, subject matter Index and all tables (contents, State Law Reference, prior code comparison and ordinance disposition)for your code as necessitated by the materials provided.We will insert the graphics you have provided into the printed and electronic versions of the code. Post Conference Code Draft.After editing and proofreading, a post-conference Code Draft incorporating solutions captured in the Legal Memorandum and agreed upon at the legal conference will be delivered to you GovTech Page 7 GovTech Top 100 Innovators in , , ' 1 • 2017&2018 CONNECTING YOU 5 YOUR COMMUNITY for final review prior to printing and shipping. We guarantee typographical correctness.Any errors attributable to our team will be corrected at no charge during the term of this agreement. After the code draft is provided additional material can be added to the project for an additional charge. Adopting Ordinance. Our attorney will provide a sample adopting ordinance upon completion of the recodification. Printing and Binding.We will print your new code on high quality acid-free paper, with an SFI (Sustainable Forest Initiative)certification. These copies will be housed in heavy duty, 3-post leatherette binders (with 4 color choices), name-stamped on the front and spine of each binder. Divide or each major section of the code and index(if elected)will also be provided. The time frame for completion of the recodification projec i within 10 to 12 months, ex pting any delays occasioned by the City. Adhering to an established sche ule of deadlines is critical he success of this project and will ensure the contents of the Legal Memorandum remain-ctfrr d complete at the time the Code is adopted and republished. To ensure a successful project completion, it's important that a conference is held to discuss the findings of the Legal Memorandum within 30 days of its receipt, and that the subsequent Code Draft we provide be returned within 45 days with any revisions noted. If the Code draft is not returned within 45 days, additional update fees may apply. Your participation in the Scope of Services for Recodification &Republication of the code is anticipated to be as follows: Provide all ordinances and code material, preferably in WORD format; * Provide images, graphics and tabular matter, preferably in original format; * Be available to answer any questions from the Municode Attorney conducting the project; * Attend the conference to discuss the findings of the Legal Memorandum; * Work with the Municode Attorney to resolve the findings of the Legal Memorandum; * Work with Municode to determine the desired formatting and style of the new code; * Return the draft code to Municode with any revisions noted; * Adopt the newly recodified code. Supplementation Services Municode's full-service supplementation process has been designed for timeliness, efficiency, simplicity and most of all, for our customers' convenience. Supplements can be provided on the schedule of your choice. In addition to printed supplements, we can deliver the updates in Word, PDF and/or Folio formats. We pride ourselves on a turnaround time of 30 to 35 days for printed supplements and can provide you with h "always up to date" electronic update services within 10 to 15 days at the same per page rate quoted for printed supplements.With printed supplementation, the online code is updated within 3 days after shipping the supplement, and there is no additional fee for this service. A recent analysis of our printed supplement services indicated an editorial error rate of less than .1 which is made possible by our attention to detail, ongoing communication with our clients, and strict quality control checks to ensure we continue to produce the best printed and electronic supplements available in our industry. Any errors attributable to Municode during the preparation, printing and maintenance of the code will be corrected at no cost. The printed supplement process is outlined below: 1. Receipt of new legislation will be acknowledged within 24 hours. Our production support team will record the adoption date, effective date and ordinance number(s)and ensure that all necessary exhibits, tables and graphics are included. You will be advised promptly if any pertinent information is missing from your submission. Your material will then be immediately forwarded to our Supplement team for codification. If our OrdBank service(advance legislation service) is selected, the legislation will be posted online within 48 hours in PDF format as"Adopted Legislation not yet Codified". 2. Editorial Review—Our editorial team will review all ordinances received to determine whether the ordinance should be included in your code; where the ordinance should be placed; whether the ordinance conflicts with your existing code format;what material should be removed from your existing code;whether history notes will be added; what tables will be updated and whether the Table of S Contents in the front of the code and at the Chapter/Title level should be amended. If any significant errors or numbering issues are noted, your editor will contact you for clarification. No substantive changes to your legislation will be made by our editorial team, however minor typographical errors will ( be corrected as part of the supplement process. Should the editorial, legal and/or proofreading team find discrepancies in your ordinances, we will communicate with you to ensure that the ordinances are correct and consistent with the existing code. 3. Indexing—If an Index is elected, your supplement will MUNICODE now be sent to our indexing team, where all new PRINTED SUPPLEMENTATON PROCESS legislation is indexed and cross-referenced in all appropriate locations. ♦ Submission of Materials 4. Proofreading—The proofreader assigned to your u a editorial team will then examine your supplement line by <s> Editorial Review line to ensure editorial accuracy, code hierarchy and i layout and to confirm that your supplement is Mark Up grammatically correct and free of errors in spelling and �� # capitalization. Your supplement is examined again line by line to ensure that the improvements made by the El Indexing editorial team were thorough and accurate. During this i process, the original ordinance is compared again with <2> Proofreading the newly added text to further ensure editorial i accuracy. Corrections 5. Posting the supplement online(MunicodeNEXT)—After � your supplement has been completed, your online code +�.� printing 4� Shipping will be updated within 3 days and any electronic p �� products requested will be provided. You will receive notification that the website has been updated via '8 Upload to the Internet email. If our CodeBank Compare+eNotify service is selected, citizens will be notified each time the online code is updated. When your code is updated on MunicodeNEXT, all internal cross-reference links are updated. With our OrdBank feature, each history note will be linked to the ordinance that amended the respective section. 6. Printing and Shipping —We will print, cut, 3 hole-punch, and ship your supplement to you unless otherwise instructed. You can change your supplement schedule at any time, and there is no additional charge for more frequent supplementation. Instruction Sheet:With each printed supplement, we will furnish a page of instructions for removal of the obsolete pages and insertion of the new pages; as well as a Checklist of up-to-date pages with each supplement. Online Code Hosting Services (MunicodeNEXT) Our code hosting platform, MunicodeNEXT, includes both Standard and Premium features, designed to provide a wide variety of additional capabilities for the research and navigation of your code, as well as for preserving its history.With our MunicodeNEXT advanced features, your staff and citizens need only click the link provided on your municipality's website to access your full Code of Ordinances. They not only have access to your complete and current Code of Ordinances, but to all archived versions of your code, every official copy of your ordinances, the power to compare versions of your code over time, the ability to be notified every time your code is updated, and the ability to translate your code into over 100 languages via Google Translate, which is included at no additional charge. We encourage you to visit our online library of over 3,600 codes hosted on MunicodeNEXT: https://Iibrary.municode.com/. ADA compliance is multi-faceted. All HTML content viewed via our MunicodeNEXT web application is WCAG 2.1 Level AA compliant and will scale to the viewport of any modern smartphone or tablet running iOS, Android, or Windows Phone 7 or higher. Web application accessibility techniques continue to involve and improve as technology advances. Municode is committed to making accessibility an import part of ongoing product updates. Our tech stack includes HTML5&CSS3, Javascript(AngularJS), and a restful API written in C# running on .Net Core. All content is rendered in standard HTML and is viewable in all modern browsers including PC: Microsoft Internet Explorer 10 or later, Firefox 3.6 or later, macOSO: SafariT"° 5.0 or later, and Chrome 18 or later. GovToch .. 100 Innovators in municode We house our public facing website in a secure, SAS70, PCI compliant data center owned and operated by Flexential in Atlanta, Georgia). All systems are backed up and synchronized between our Tallahassee, Florida and Atlanta, Georgia locations for full geographic redundancy. We actively monitor the status of our hosting facility. We utilize Veeam Backup& Recovery to take daily snapshots of all servers in both of our data centers. Snapshots are performed from 8 pm EST to 5 am EST, are replicated between sites and are routinely tested. Biometric authentication is required to enter the data center facility, and anyone entering the premises must be either active customers or authorized vendors with badge and PIN access. Each rack is locked with a combination lock to prevent unauthorized entry or access. The facility is monitored by camera 24/7 to further provide physical security. We secure our systems using enterprise grade security products.We employ firewalls from Palo Alto networks to secure the perimeter and endpoint security from Carbon Black to provide anti-virus scanning and threat detection on all servers, desktops, laptops, virtual machines and mobile devices. Carbon Black actively scans all file access on all endpoints of our network and quarantines any suspected malware, immediately sending notification to our systems administration staff. We use Nimble and 3Par SANS for all our storage needs. Each SAN member is fully redundant—redundant power supplies, controllers, NICs, etc. The drives on each array are configured as either RAID 5, RAID 50, or RAID 60 arrays. Our powerful search engine allows users enter simple or advanced searches and supports Boolean operators, stemming, wildcards, proximity searches, and a global synonym list. Users can easily search the code using keywords or phrases, and can print, download and/or email any portion of your code. Search terms can be applied to the entire code or narrowed to search only within specific chapters or sections. Our recent website upgrade allows users to sort results by relevance or book order! Our collapsible Table of Contents, continuous next-hit feature and internal and external hyperlinking and cross-referencing features simplify and enhance the navigation of your online code, allowing your staff and citizens the capability of simultaneously searching your code, ordinances, minutes, resolutions, budgets and more. MunicodeNEXT is designed with accessibility in mind. Our application is fully responsive, ensuring all features are available on appropriately sized desktop, tablet, and smartphone viewports. Designed to provide easy access and an intuitive interface, it is extremely well-suited for use on tablets and mobile devices running iOS or Android, Our application also conforms to Level AA of the Web Content Accessibility Guidelines 2.1. MunicodeNEXT Premium Feature Summary * CodeBank will enable you to have instant access to past versions of your code after each supplementation. * CodeBank Compare+eNotify provides you with the ability to select a past version of your online code and compare it to any other version of the code each time the code is updated. The differences will be shown via Highlights(added materials)or Strikethrough (deleted material). * eNotify allows users to enroll to receive an email notification each time your online code is updated.A "modified,""removed"or"added" badge is shown within the online table of contents to alert users of recently amended sections of your code. * Ord Bank will create one click access to every amendatory ordinance via linked history notes. Ordinances are permanently stored online in the OrdBank repository and filed in annual folders. * OrdLink will create highlights within your online code to help users identify what amendatory ordinances have been recently adopted and what code sections have been amended. * MuniPRO allows you to search over 3,600 codes in the Municode library, save frequently used or complex searches, create notes to attach to any publication and draft new ordinances. * Our MuniDocs feature has recently been upgraded to allow clients to upload a wide variety of.rtf, .doc, .docx, and .pdf documents to browse and search alongside the code. Uploading is as simple as dragging and dropping the document from your computer into the upload dialog box on the improved administrator dashboard, where previously uploaded documents can also be managed. When uploaded, users can choose from a wide list of predefined document types, including minutes, agendas, resolutions and more. These documents are immediately converted to PDF and indexed for search, organized in nested folders—allowing the public to browse and search them immediately. 100 2016.2017 ADDITIONAL SERVICES AVAILABLE FOR PURCHASE Municode offers a wide variety of services, all of which have been designed primarily to serve local governments. Please contact us for information and pricing on any of the services listed below, all of which may be purchased under this contract and all of which are competitively priced. Website Design and Hosting Services Let our team of web analysts and developers create or redesign a website for your municipality that provides your staff and citizens with a stunningly beautiful website that is simple for staff to use, easy for citizens to access, responsive, interactive, dynamic, and extremely efficient! Using the popular Drupal, open-source framework, we will work with you to understand your history, anticipate your future, define your priorities and achieve the long-term goals of your O community. When Municode designs your completely mobile friendly website, our goal is to improve your image and your community profile, increase the self- service capacity of your residents, and empower '° your staff to create, edit and maintain website EN content as simply and efficiently as possible. The result will be an unparalleled municipal website - solution at a very compelling price. ❑ Request MunicodeWEB Demo/Proposal Meeting and Agenda Management Municode provides a cloud-based agenda meeting management system that enables our clients to save time and money by streamlining and automating the agenda process. With zero set-up requirements, minimal budget impact, built in automatic upgrades and internal and external IT support issues managed directly by Municode's expert team of web analysts and system developers, your staff will spend significantly less time on agenda management, while still maintaining total administrative control of your agenda packets. Municode provides the highest level of government transparency to your citizens. We will show you munfcode ow to live stream your meeting videos at no cost and can provide archived video and audio linking capabilities that will allow your constituents to access the exact point in the meeting video where a specific piece of business is discussed. You can take roll call and record votes live in the meeting— and legislators can also vote directly from their r< Mac, PC, iPad,or Android device! Other benefits include agenda process visibility, easy agenda updates, approval workflow, live Council voting &roll call, Email notifications,. a Unified Document Search and automated approval routing. When you are ready to publish your Agenda, our"single click publishing"will provide you with automatic agenda and packet creations. ❑ Request MunicodeMEETINGS Demo/Proposal (see pricing page 5) .. 100 1 nnovators • • Payment Solutions - Point and Pay Our preferred payment solutions partner, Point& Pay(his://www.pointandpay.com/) makes paying bills easier! Everything they do is backed by their best-in-class user interfaces, insightful features and high-quality service and support. Point and Pay can assist in processing City/County taxes, utility bills, permits & licensing, and more. With a focus on mobile interfaces, they enable your customers to conveniently pay bills whenever and wherever they want! 0 Request Point and Pay Demo/Proposal MW Services: Laserfiche Enterprise Content Management Software and Services MCCi understands the challenges organizations face every day with paper-based processes. We provide innovative solutions that transform these challenges into smart practices that improve efficiency, productivity and organizational structure. Recognized as one of the nation's top 20 Most Promising Government Technology Solution Providers, we are also the largest Laserfiche provider in the world. MCCi is passionate about helping organizations run their office more efficiently—saving time, money and resources! With 900 clients nationwide, MCCi is the largest provider of Laserfiche solutions in the world. Digital Imaging Services Through MCCi, Municode can help with your digital imaging services needs include scanning, indexing and integration of hard copy documents, electronic documents, and microfilm/microfiche. MCCi provides the most ... powerful index retrieval search engine available. Open Records Request Software Lxpl—A i``:nceEXcG11er­l�e JustFOIA is an affordable, easy to use, completely web-based hosted service that was created specifically to help you manage and track public records requests. Since JustFOIA is completely web-based„ you are able to login anywhere that has an internet connection. You simply type in your customized web address and enter your credentials, safely and securely. Your service is available 24/7, every single day of the year. �USCFC��,/�► JustFOIA helps agencies receive, track and report on open records 7 requests. JustFOIA is a hosted solution that is user-friendly, affordable, and integrated with Laserfiche Enterprise Content Management, LJ Request MCCi Demo/Proposal Internet-based Document Editing and Presentation System enCodePlus is a unique Internet-based document editing and presentation system used for authoring, displaying, and managing all aspects of land development regulations or zoning ordinances. Developed by community planners, encodePlus assists in the creation of land development and zoning ordinances that are fully customizable, easy to navigate and rich with features including GIS interactive mapping, a "Land Use Look Up"tool, hyperlinking to outside resources, historical archiving and in-line graphics. From its humble beginnings as a stand-alone Windows PC program, enCodePlus has matured to meet the needs of an innovative and exacting group of land use code writers and their client communities. To learn more FN COO [ about how enCodePlus can be an economic driver for your municipality and positively impact the transparency and navigability of your zoning or land , development ordinance, please visit this link: http://www.encodel)lus.com/ 0 Request enCodePlusr' Demo/Proposal p 100 Innovators in Page 12 municode 0 SIGNATURE PAGE This proposal shall be valid for a period of ninety(90) days from the date appearing below unless signed and authorized by Municode and the City of Seward, Alaska. Term of Agreement. This Agreement shall begin upon execution of this Agreement and continue for a period of three (3) years. Thereafter, the supplement service shall be automatically renewed from year to year provided that either party may cancel or change this agreement with sixty(60) days written notice. Submitted by: MUNICIPAL CODE CORPORATION Municode Officer: Title: Steffanie W. Rasmussen, Vice President of Client Services Date: Februar 14 2020 CITY OF SEWARD, ALASKA Signature: Printed Name: Title: Date: Page 13 100 2016,2017&2018 • municode CONNECTING YOU &YOUR COMMUNITY ATTACH MERIT A MunicodeNEXT Standard & Premium Features STANDARD FEATURES OF MunicodeNEXT Responsive Design—Our team designed MunicodeNEXT to function on any device. Over 20%of our traffic is generated from a smartphone or tablet. Our user interface, based on Google's Material Design guidelines, ensures any device that accesses our application will have access to our full suite of features. &%0XIBC e L 0 R A D 0Search 4 .1 Sir IN IN OVELP MUNICIPALCODE Btwider,Cobrado•Muniupal Code 571owChatlges E UGETNOTIFIED® Municipal Code Y WHArs CHANGED® Supplement 127 Update 1 Online Content updated on March 7.2016 CITY Of ■THE CHARTER OF 714E CITY OF BOULDER BOULDER,COLORADO COLORADO CHARTER TABLE OF CHARTER AMENDMENTS AND REVISED CODE CHARTER COMPARATIVE TABLE ■TITLE I�GENERAL ADMINISTRATION Codified through Ordinance No.8108,adopted February 29.2016, r TD'CE2-GOVERNMENT ORGANIZATION (Sul No.1 Z7,Update 1) ■Tr LE 3-REVENUE AND TAXATION ■TITLE 4-LICENSES AND PERMITS ThisCade of Onirnwrtes ond/ar anyother documents that appear otr thm pie alaya0t teftc the wait tumor ■TITLE 5-GENERAL OFFENSES kg(slahon adapted by Me MuniUpPilfy. ■TITLE 6-HEALTH,SAFETY,AND SANITATION •TITLE 7-YENICLES,PEOEStRIANS,AND PARKING Mobile and Tablet friendly—Our application uses touch friendly icons, easy to access menus, and fly overs to expose all functionality while maintaining a clean, intuitive interface. ❑CHAPTER 3-2.- x (— [' g https;,/w%Vali c (L _ Code -Ordinances _ Q CHAPTER 3-2.- RESTRICTIONS ON ANIMALS. i I ARTICLE 1.-GENERAL RESTRICTIONS, §3-2-1-RUNNIN `bShareLink PROHIBITED. &Print Except as specii 6 Download(door) title.an owner or l i IJ Email livestock.fowl,a do, dangerous animal c fj Compare Source.,1992 CC&Sections 3-1-3(G),3-2-2,3- 2-25,and 3-3-2,'Ord.031009-9;Ord.031211- I i J J. §3.2-2-NOISY AN IMALS. An owner or handler may not keep an I animal that makes frequent or long. g 1 Print/Save/Email —Users can print, save(as WORD)or email files at the section level, as well as at the article or chapter level. You can print, save or email non-sequential sections from multiple portions of your Code(s). Not all codification companies enable you to download WORD documents directly from the website. Being able to do so greatly enhances your ability to draft new legislation. Searching— Municode leverages a powerful open source search platform that also power sites such as Stackexchange, Github, and Wikipedia. Search starts on a dedicated page, then moves to a persistent right-hand sidebar as you cycle through the results. This enables you to quickly move through search results without clicking "back" to a search results page. The Code is also indexed by the section, returning more accurate, granular results. Search results can be sorted by relevance or book order as seen in the screenshot below. MMM jogs 0. CODE ut OKDIIIANCEb start a re'F search anytime! e[t Q Search Resuts sr_5fi3-.':s:�rarn 1Gcme:tlr a-3s Sec,5-67-PA waste. % a a3: 3 1 • .rivs ea-retl �� .. -e:scce Ip- a[e on a^5'Pe cv"�eJtvw rL :ors --- ------- - - Resuitsfordogs cLEag u=`--e=-sae eox-:e p7,:ru -I,R;^,j to erfy_one laa.ee:;Gre pe r r..m:ng or remorn=hk to me Search results are bated on the right lldebaf enabling you encs TO sEwacn a rV dmmr.,g th wear un;h,L the peftart '" to click through the re del,-e Table of Contents shows code - - '`- sults Se ses a ofa:c,.:cd.0 locator,along with the with ease. :ee se= - zae.r real breaderum6 trail. ^€e cr.,-Isu:ar -tir-cna-meyns,,rcea+sn rertrear:ceL .(�Lra,-.e. t-:atlsaerlrtY whkh Grevent:•ihe*A+wtival her..t. :rt:,: 'c-c:e -.. 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Sec.5-81.-Keeping within city restricted, % a i E Z '•er''Ler fd,*,ana ra::aepl .._:_ ...... .:iC '. :::'.:.- .... :..- - {v:hi.,n:lh: ehr'retl':J'.•ef dULRNG Previous and Next buttons - ll CraLDE:P,IE 14 v-r^'s: shot xeepgwe¢m.y rl a"ooro-c, .lo:a:z auouua £ rFas=.are enable you to move through cfoner.alfacre for eat F-pf,­,ani'dl5 a,a fow:pr -:ded.;hat Zl s area,eq.,,r search reell K4, o-Mfsr:q f, i; Y rle•era ELF-f.{.5 row a.2re -_-.----- - Y1 tee5-PREP"r kiCM1+`.T I< T.e rro _o L7:5 se.,:i',5hAr...a pp'v to ar.y _ -71i r,r..t In�cr-�c.:v.l�anm n.Ra.In�:..�rv.areA nn7Mrn1'5 1 t.na Municode Search Components: * Advanced Searching —You and your power users can conduct searches using Natural Language (think Google)or Boolean Logic. * Multiple Publications— If you have multiple publications (Code, zoning, etc.), they will all be searchable from one interface. * Searchable ordinances—With our OrdBank service, ordinances posted pre and post-codification are full-text searchable. * Searching all content types— If you use our OrdBank or MuniDocs service, you can search any combination of the Code, ordinances, and MuniDocs simultaneously. Search results are labeled for easy identification. * Narrow Searching—Your users could search selected chapters or titles in order to pinpoint their searches and find what they are looking for as quickly as possible! * Stored Searching —MunicodeNEXT allows all search result listings to be bookmarked under your browser's bookmark tabs. Users need only conduct a search and press CtrI+D to add the search result listing to your browser's tabs. 2 anirrals Sort by relevance or book Facets: Number of search results order&search results are listed by product type. Uncheck to listed by content type. narrow results to only one product. type. Results E17 t-; Products - _.,G4Mirlg rQSLJ Its 1 -25 Of 78 25 � Per pasan.e 0 nacumera grder O,d,_.3nCe, © ✓ Unifed oe.•eiupmE_,,Code © Sec.15-260.-Aoir»als and birds. 1 ✓ ;.rnF:ed Jeselognznt © he keeping diary animal oe'bird whitll,by causing frequent nr long tonGnued nosz.s^.all disturb the comfort or ordina-ce repose cf any persons in the vicmty is hereby declared unlawful.(Code 11iGa,§7.285t Cross reference—Aaimwls and Content Breadcrumb trail shown with ✓ c apter cWlfsaLsvG 0 �_ — each search €or,� z' D�Irrero�is cx a,�.�r�s:ive animals' result. ✓ Chap zr 29-ZONING 0 Facets: Search results narrowed by doors er in a sKc i ely enucsec and lacked kie;del or cage.The kennel or ✓ R:SERYATIG Chapter/Title with number of hits listed. :he animal kept u,ereir,and shall Chapter TIO N Ludo 0 Narrow results by unchecking the specific facet. ✓ Hume .;•.r H.orida-Jn:f+ed 4) 3 Sec 5-3.-Dispositiiti on of animals biting or attacking persons. Jesel„cmrn Crjioa^.E Search enhancements provided with our latest website upgrade include(see screenshot above): Browsing —MunicodeNEXT provides a persistent breadcrumb trail when browsing or searching and a Previous/Next button at the top and bottom of any document you're viewing. The table of contents and content pane also stay in sync as you scroll to deliver the most intuitive reading experience possible. Lean Coun... r COD] U.._ r Chapter... r AR I ICLI: v UIVISIO_- r sec.10.2... Shaw Changes .` < Sot,1U-1.I UG.-DL-Lion from development standards. AR1lCLE III.-CONCLIRRLNCY MANAGEMEN ARTICLE II.-ADMINISTRATION % E3 CAS lD Cll j DIVISION 1.-IN GENERAL % See.10-2.101.-Comprehensive plan adopted. % R bQ F� u}7 I hp lalrahas,se r•i eon county 2010 comprehensive Flan as adoprod and Amended by the rounry is adapted. (Ord.No.07.20,§2,7-10-07) yt Internal Cross-Reference Linking—Cross-references within your Code are linked to their respective destination Article, Chapter or Section. 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Easily view your maps, graphs and charts by simply enlarging the item. * Mouseover (cluetips)—Navigate to your Code and any linked cross-reference will quickly display in the pop-up preview window. * Google Translate—includes the Google Translate plugin, allowing users to view and navigate our hosted Codes in over 100+ languages. 3 (Cross-reference linking and mouseover shown below e�nm-.nx+ropasnoe �12.B96-CON"i,aP......of prgecl 6udg.614 i w s� L, g, uM aw,rn a ;nW as-,vurcar � .a +' eaax .s w.n e,rr_p.w�:a ral:,.l. e,((.RSa War gYfN.1 m,mr nrp"rym[w4rl almre:rmamrxrr ry.ul rv.� �� pus ttse .eM e!•.:h r:.n rr1R+Mx.r.esuY al!M vnawn , Otl G(sM»aq r[cwr�Ubre Iw rmrmon5o x58:reaetRe lur i!em amnan,lrg5e[rC to tlie,rwt antl may-tlre,rtMrw rle^r enasaq:h:W' — '" ' po,aXy. ent,rmeCx orX I sure e, 'la<aeaeaWrt65beon nl A w.r=.ra rra51'xnm aamrm Y L`aaptta f.52 ttrCru lNaaottNFx!8 IOre 3555 siF^}:aaA.yrlu,vCe 56A".Lh=.sl parnrrm aM lv raSr or <.s}u,X Mp'X�' mme5exaea cxared 0.12100-Assesslnens pnc�edllrec ����m ��� a.,7p�a.xarx. w IrXed�.xrmr axXrNnl.eXrXy:eue ersX ,mete � mu�r mRa;ye.,,5ran„rws Ia:Mmr wm or py rtxl3Yexna a t},h11 ur,on lelro4M p:pu`. 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IM rIry xRaY a'Sn ax.nmxarN lBr.RxSt.,wrXc rranmX a-pY dthr atcesae+a In w:Rihcv a,xrxc Mrrcda xxes5arara Xaay ba McNxl [,}eHo W w•�'.r•"e p'1+rw'X SM ac:essenrrx sh751rvn�r+rRC lanC aK tr ar Nve:xartl lwrlM1erra3anct,a5ece mar eyXyepX»xrreS.or PP^^ryrXmm a„..d vxYM*[exX q.,t.�,-ce`o,ay�.fiklaM+rprEean:Reo^+:rdrRc.ercHn rs N:rmrahrn al rrarh ' �T�a�n nts al rlr rxpyesmeea IOrp!9.4 S Ipa:l.'?�B Iniv xcWr 5 ae'o.!a, Translation—MunicodeNEXT includes the Google Translate plugin, allowing users to view and navigate our hosted Codes in over 100+ languages. Social Media Sharing —You and your users are able to share Code sections via Facebook and Twitter. This will make it easier for you and your team to utilize social media in order to engage your citizenry and enhance your level of transparency. Static Linking—Copy links of any section, chapter or title to share via email or social media. Scrolling Tables and Charts—Headers stay fixed while you scroll through the table/chart. 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A variety of video tutorials are offered, and we are always available to host a personalized webinar for you and your staff to demonstrate our online features. 4 PREMIUM FEATURES OF Munic©deNEXT �\ Custom Banner.We can customize the look and feel of your Code to more closely match your website. Please note the custom banners in each of the screenshots provided in this sample. OrdBank. With our OrdBank solution, newly adopted legislation will be posted online in between supplements. Upon the completion of your supplement, the ordinances will be linked in your history notes and stored in your OrdBank Repository under the "OrdBank"tab. H perlinked ordinance in text , iijil 4W 1 0 1 1 Search q Code of Ordinances Arvada.Colorado-Code...,Chapter 102-UTILITIES,ARPCLEII.-WATER A.. ,DIV151ON6.-WATER F... Show Changes = 1 te-DIVISION5.-WATERFEESAND '.. RATES ISec.102-161.-Residendel water iA larger or smaller meter and epual tap size maybe purchased and costa€led when approved by the UtrNties Direclor tithe total peak demand Flow a the F Tees within city.1!+= properly being senhri,as Calculated by the latest edition of the AA WA Manual M2Z'Sizing water Ed-lines and Meters,"welch Is hereby adapted by reference,Justifies the flange Calculations so made wHI be submitted to the OtllRles Dleectiar for revlewandapj nWal, Sec.102-161.5.-Residertlal water fees u tthai theje(ferson center (Code 1981,§33�77:Ord.No.2574.§1.11.2t-t98a;Ord.No.2671,§14.10-1&19fi9;Ord.No.Z763,§3.11-5-199rk Ord.No.2823.§11.7-1.1991:Ord.No.2931.§ MetropgM-Dei the Leiden q 10.1419-1992:Ord.140.293a,§L 1244.1992;Ord.No.3127,§10.10-24-1994:Ord.No.32OZ 95.8-7-1995:Ord.Na,3223.§7,10-23-1995;Ord.No.3262,4 9,4- Rock Metropolitan Disttim the 11.19%;Ord.No.3297,§1,10-21-19%:Ord.No,3403.§15.10-20-1997;Ord.No.3459.51,10 1996;Ord.No.3560,§3,10-11-1999'.Ord.No.3650.§1.10-23- Leyden Ranch Metmpdltar M bkL l Ord.N.n.40]T.51.1n1JOrd.NoA9 §111-1,9-2DO7eff1 4.208Ord,NO4139,§1,11-1720D3.off.1-7-09:)nd,ND41g4§2,10-19-2009e1-1arwCandelasFlA[1gs2.3.4and designated propoibasincardelas 2010 Ord No 4153.§i 1.11_200 ef.7-1.2010 1.1-2D11'Ord 14151 61 In-]]-Tnl2 T 1-1-2013Ord No d11§1 10.21/013 ef 1- 204 nmgl G465.51.10-20.2014.eff.1-9-201 5:Ord No.d5]G 61 10-19-2015&I 1-1-2r161 sec 102-151.6.-lhaddanlial water Sec 102-161.5.-Residential water fats Within the Jef€ersonCenter Metropolitan District the Leyden fees within,the Mountain Shadows Rock Metropolitan District.the Leyden Ranch Metropolitan District and Candelas Fili ngs 2,3,4 and = % & ® ® el Subdilyi designated properties in Candelas Filing 1. Sec 102-162.-Same-Waiver. Rursuanito the lydergovemmental Agreement apprared on April 4.211M.by Ordinanre 3363.theJefferson Center Metropohlan District is responsible for the procurement of water supplles and the cnnshuctlon of major wider Infrastructure within the District boundaries.The dry Is rol to charge the Jefferson Center S-102.163.-Residergialwaterfees Metropolitan 1011 t the Initial ra pU cost of water rights or facilities conveyed at no cost to the My by the dish cL One-Click access to the original ordinance in the OrdBank Repositor eadenrlxanlnres - -xan.e•.e Nv con - - ae��",a..>s '• • m ■ i �1,• - .�,. y�n a(-'c am,ance rn aw couNrn•e11±No.c,_,as Cwuwrxcxo.5a¢s ORD]hLl\CE NO. nr_wncn xn.wrcw A'6¢DLNANCE A2.�hULVG l'AWVIs StC'1'i- sl u u crenetoe e>c, VLLLITBS.OF 12SAp. nil, I'YRTA4�INUt Wdn:4,wnsit-wnnx " '�rml I ANU 5I ILM1t'ildcl tFs -sFas xnaes az'I7 nR1M. Ui tIT CAV - -CITYc1f v AUn.CULO¢a3%Y: &UJ-. soamm le Ia eesienaial sr,�(va vaN.,cag-L rrbliahrd of ov Artada uru,Hmv..aroeh iu l,evny_,dsE a daa)' 1ufRII-. I e1-ltcpamlgi wypr ftt,aitlta ary a>s�.fmn�.arm+. cos dote Fm rcnin¢readmuv buiun wi:Sin,h m aal:lirta,erda caY>•es kii vrumwn u.w.r m, {=} fnrpwtien Re: ¢xan:onrc,alma ". 11t.9.}•va I• xs.wvn M-u',dme N Is;•a,d laden move....._...-.-.-_�-�_..............................Stlaai �.cvlon�rv.morale {31 T"e,ie hrmeMe4 flour:azf�almnnE'd1vN1c r.�..m;n rw ref,an r11'"Y'EmMr:e .aa per Isom e�curnn Ne-x,afz smpbrimlly .,-}1a.0_am racan�n w..eawf] e. L. Apia__..._....._...................................__ _-46-IWro pe,..,nen„�.m.ou MULiran:ly-. 5 OrdLink+OrdBank. Prior to incorporating the ordinances into your Code via supplementation, the OrdLink feature can hyperlink newly adopted ordinances to the section being amended. Linked sections are highlighted in the table of contents and links are created from the amended sections to the new ordinances. Once the linked ordinances are incorporated into your Code, they are added to your OrdBank repository and hyperlinked to your history notes. This service lets everyone know that new ordinances have been adopted. °V 0 Q A &Codes- M Archives A,Ordinances- Q Munidocs 0 Links- IRVINE MUNICIPAL CODE. ARTICLE IV.-THE CITYCOUNCIL •,I e SUPPLEMENT HISTORY TABLE W CHARTER-CITY OF IRVINE Section a00.-Mayor and Cky Council. r ARTICLE I.-INCORPORATION AND SUCCESSION ■ARTil II.-FOWERS OF CITY CRdirla.nCe No.14-CS ) r ARTICLE III.-FORM OF GovERNMENT IIYARTICLEN.-THECrTYCOUNCILQ The Clty I.hereinafter termed'CoundL v"shall cei of it or May and four(4)Cauncil members elto office from the City at Lail Inihe manner provided Inthls Charter.The Mayor shall serve a term oftW (2)years.No Mayor shall serve far Section 400.-Mayor and CiTy Couri morethan tm 2)co_LnJMe full Terms in office.Other than as setforth herein,ellghlltty Tpr office.o—pensadon.varancles and the frlling ofv odes shall be the same Ear theoffice of Mayoras pravlded I"the office of Council member bymis charter.The SerAon 401--FRgIbI(ity. M r,in addi an to servin as the ayo g presiding officerofthe[oundl,chalk thane all of the rights powers and dudes of council Section 402.-Compensation. member ands all be a member ofthe Council. Section 403--vacancies,forfeiture of office. Thetenn "T"fo"Council member shall befaur(4)years Allernabyety.and successively bi(2)four-year terms shall be Filling of vacancies. filled al one general municipal election and two f2)tour-yearterms next s Consistent vain m at the such election, e sequence of ert tns of Council members a astng mthe effeclise date hereof Qune 7.198B).No Council member shall serve for more than two Senior 4W-Pc ers vested in the Cetlndl. {21 ronsecurrue full terns in office. CodeBank. Our CodeBank feature provides an online archival platform for previous supplements of your Code. Empower your staff and citizens to access every previous version of your Code with one click. CodeBank Tab NORICIMLLTYOT 000 Search Q ANCHORAGE Code of Ordinances .. Anchorage. -Code of Ordinances snow changes w - f3GETNOTIn EOCM M of Olydinances (- Supplement 60 Online content updated on January 20,2016 C,[ode Archives ANCHORAGE MUNICIPAL CHARTER COOS AND REGVLATIONS Municiyality of e ANCHORAGE.ALASKA • Codified through Ordinances ofjar.ry 1.2016. (supp.No.Ma 60) f Y- This Code of Ordinwxes andlor any other documrna that oppeor on m8 site mq np(rcfiecf the mast current legisla0"an adop/ed by the ANn+cipolily. Y• Adopted Ordinances Not Yet Codified I the listing below includes all legislation received by Municipal Cade since the last update(printed orelechNI to the Code of Ordinances.This legislation has been enacted.but has not yet been codified. • CodeBank Compare. Our CodeBank Compare service is a powerful feature that provides users the ability to select a past version of your online Code and compare it to any other version of your online Code. The differences will be shown via highlights(added material) or strikethrough (deleted material). 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The CodeBank Compare feature is required in order to utilize the eNotify service. 6 ED Get Notified illing out this form vidl al of ;ou to rece ve an email notification every time select puUlications are upc'at2d. /f. €`you-lo bnI cc race r.e,.:ese nctyncancns orre siggned up,you can unwbscrlbe via a link in the notification email. Sign up to be notified for all Select one publications or narrow notifications to only one product a;,r.ed L+a,e'vpmeet Cede ❑unified Reae!cpmec;C. Cuc^e ofId ns�=e; Compare enhancements provided with our latest website upgrade include the ability to show changes in every version of the Code stored in CodeBank, Changes are shown in your Text Changes Tab and in your Table of Contents ANCHORAGE "" ° •tee ChIMord-orrs z.uy—hr,x_ .o z-n xat,lx x�ak x t n raSUSCaE�.i ;. IM1e�anY+reY•ewsa rnrH ine.,e.'�n.er.:Ym+naw:vstne fow.,rswge[v esM eayeef ebmeola�esihrt:o YreC:rr MrmzntalMS re—ltrede. 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Snow changes — I EacErNarIFITa��. [Ode of Ordinances Y WHAT'S CHANT Supplement 2 Online c union updated on January 29,2ot6 d BONRR SPWNGS QFY CODE III BONITA SMINGS CITY CODE PREFACE CodlAed through Ordinance No.15-27.enacted December 2.2015. SUPPLEMENT HiSTORYTABLE� _ Iii,CHARTER ■A ICLE I.-DN GENERAL} ARTICLE II-tEFFECTNE UATE7 rtK Cade of ordinances mWor anyather documents,Owt oppedr on thh sire may rwt rclect thr most n rrea kpiMian adopted ey the Municipality. 7 MunlDocs. MuniDocs Upload allows you to upload many types of documents to browse and search alongside your online code and is fully searchable and filterable. After users login, they are presented with a dashboard that allows them to upload new documents and manage previously uploaded documents. 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MuniPRO searches are ideal for researching local regulations of special interest or to find out how other communities are dealing with similar issues. If the IP based model is selected, only Multiple Code Searching is available. MuniPRO provides subscribers with the following tools: �r Multiple Code Search. Search all Codes within one state, multiple Codes within one state, or search all Codes in the entire US hosted by Municode. Search results are sorted by relevancy and indicate the source publication, showing excerpts and keyword highlighting. MuniPRO Saved Searches. Save frequently used or complex searches for easy retrieval from the MuniPRO Dashboard. * MuniPRO Notes. Create a note and attach it to any section in any publication. Note icons are present when viewing the section„ alerting the user to a previously written note. A global listing of notes can be accessed and managed from the MuniPRO Dashboard. MuniPRO Drafts. Begin a new ordinance draft to keep track of pending legislation. Drafts icons are present when viewing the section, alerting the user to a previously created draft. A global listing of drafts can also be accessed and managed from the MuniPRO Dashboard. U 5, ti. ✓..a� : I J eu-..::.w:ee::n.:v-nC9 ....i.,.vee.-n.•�,.-e .r roc n,r.,w<. .i.,+.o..a....,.v.,,. w van.ue lme iaz:.. i ✓rr.,....,.a,..cvpQ 3 11.G9.0:0MhnaS ✓,baste Sra,er...hexm.Ax bars u.✓rvea.cafti,ms_r."[zee��MY.ew.x:nap.se.!o.e..xs„v.v ✓n":..� a 90503.'3-Frumms. ✓:.:-m .S..Vs...n:>,ow..n:p h.e-nwk.nnv..a.an.rHr,oFmxw:vm::.sx5sr_ox.,'.vo.a.n.esir..w 9 ONGOING CITY PROJECTS & GOALS April 27, 2020 City Council Meeting ADA ACCESSIBLE PARKING AT CITY HALL April 27, 2020 On April 13, 2020, council approved Resolution 20-030, awarding the contract to Harmon Construction. RETAINING WALL AT CITY HALL September 27, 2019 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 property. 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 rom 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 PACAB 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. BUILDING MAINTENANCE October 22, 2019 Library HVAC cleaning and maintenance updates. 1 143 ONGOING CITY PROJECTS & GOALS April 27, 2020 City Council Meeting 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. LOWELL POINT ROAD STORM DAMAGE REPAIR April 27, 2020 1 Hamilton performed work April 14-18 and April 22-29, 2020. 1999 STRATEGIC PLAN October 15, 2019 1 Council requested funding in the 2020 budget to allow for 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. UPDATES ARE NOTED IN RED. 2 144 ONGOING CITY PROJECTS & GOALS April 27, 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. 3 145 ONGOING CITY PROJECTS & GOALS April 27, 2020 City Council Meeting SPECIAL AD HOC CITIZEN ADVISORY COVMTTEE 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 nd 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 f the committee is to research options for the Seward Airport, 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 Mne 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 information for 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 Noting 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. March 17, 2020 Email received from AK DOT&PF stating:Electronic versions of the FONSI and EA are now available for public viewing through at least April 17, 2020 at: ww.dot.state.ak.us/cre /sewardair ort/documents.shtml. 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NN iLi 7'O d�t•l i-W W r 1 F�I M1 I m tR ri rl Y W m0$ar= O I d' I Q !I- HGI 07 Y Ci C1 p H M1 Vi rt In I H I N I'I H ' N Hmn a•NMH n 1 i0 1 m 1 N In M N N M1 H W h W R1 1 N I N I m m 1,01 N Q N .•� H N N 1 I 1 Y W W I H I H I N 1 1 1 Y 1 I 1 q PMC01MFn Hn I n I.n I N m q H M1Or•NM.-IMN I I+1 I n 11D t M WN N O • 1 I 1 Y N WM W 4nn C1M WM It- ft- IM hm mnII \ laHm0lMaMM1m I N I M1 161 mb Nn 4 m Nn a O1 V'H ul R110O P 'ry mO\•• 1[ WFm/77MO1M1 M1ININIP @ WWY .T.W4 ViM 1� O V'WmCQI h 191 1 m I O O NN N LI. 00 UE NN W 1 h 1 h I N N Np 0 m••pp�•Is••11. a W 1ri 1'+ I Y �OF i i i p a�9NM 209 MEMORANDUM Meeting Date: April 27, 2020 From: Jessica Stallard, Deputy City Clerk Agenda Item: Verifying Timely Receipt of Annual Financial Disclosure Forms This memo is to inform you that all Financial Disclosure forms for City Council, the Planning and Zoning Commission, and the City Manager were received by the city clerk's office in a timely manner. The Financial Disclosure Forms cover the calendar year from January 1 - December 31, 2019. The City Clerk's office maintains the original forms on file for six (6)years, per the city's records retention schedule. The forms received included: City Manager Seward City Council Seward Planning and Zoning Commission Scott Meszaros Christy Terry, Mayor Cindy Ecklund, Chair Sue McClure, Vice Mayor Gary Seese John Osenga Tom Swann Sharyl Seese Kelli Hatfield Dale Butts Craig Ambrosiani Tony Baclaan Nathaniel Charbonneau Julie Crites Liz DeMoss 210 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 Cancelled- PACAB Mta 5 6 7 8 9 10 11 7:00pm P&Z Mtg [Mtg pm (Council ancelled- Chambers PC Work ession pm ancelled- PC Regular Council 12 13 14 15 16 17 18 7:00pm CC Mtg 12:00pm (Council Cancelled- Chambers PACAB Work Session (Chambers) 19 20 21 22 23 24 25 10:00a m Cancelled- Seward 12:00pm Cancelled- KPB Assembly 6:00pm Cancelled- 26 27 28 29 30 May 1 2 7:00pm CC Mtg Chambers Council Calendar 1 4/13/2020 8:10 AM 211 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 12:00pm Cancelled- Cancelled- P&Z Mtg PACAB Mt (Council Cham bers 10 11 12 13 14 15 16 ------------ 7:00pm CC Mtg 6:00pm (Council Cancelled- Charnb.....e.fs HPC Work 7:30pm Cancelled- HPC Meeting 17 18 19 20 21 22 23 6:00pm 12:00pm Cancelled- Cancelled- P&Z Work PACAnWo Session Sessio(Council Cham Chambers 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 2 4/13/2020 8:10 AM 212 20 June 2020 Junee Th Ju1We Th SuMo TuW Fr Sa SuMo Tu Fr Sa 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 31 Jun 1 2 3 4 5 6 7:00pm P&Z Mtg 12:OOpm PACAB (Council Mt Cham bers) 7 8 9 10 11 12 13 7:00pm CC Mtg (Council Chambers 14 15 16 17 18 19 20 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council Chambers IL Cham bers 21 22 23 24 25 26 27 7:00pm CC Mtg Cham bers 28 29 30 Jul 1 2 3 4 Council Calendar 3 4/13/2020 8:10 AM 213