Assembly - Regular

MUNICIPALITY OF ANCHORAGE ANCHORAGE ASSEMBLY Assembly Chambers, Z.J. Loussac Library 3600 Denali Street, Anchorage, Alaska Minutes of the Continued Assembly Meeting of December 18, 2018 1. CALL TO ORDER Chair Croft convened the continuation of the Regular Assembly Meeting of December 18, 2018 on December 20, 2018 at 6:02 p.m. 2. ROLL CALL A quorum was achieved with 9 Assembly members present. PRESENT: John Weddleton, Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Gretchen Wehmhoff EXCUSED: Christopher Constant, Fred Dyson Lily Spiroski, Youth Representative, was present. A quorum was achieved with 10 Assembly members present. PRESENT: John Weddleton, Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Gretchen Wehmhoff EXCUSED: Fred Dyson Clerk's Note: Christopher Constant joined the meeting at 6:21 p.m. The Youth Representative was excused from items 14.P. and 14.Q. A quorum was achieved with 11 Assembly members present and Assembly Member Dyson participating telephonically. PRESENT: John Weddleton, Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Fred Dyson , Gretchen Wehmhoff EXCUSED: None 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF PREVIOUS MEETINGS 5. MAYOR'S REPORT 6. ASSEMBLY CHAIR'S REPORT 7. COMMITTEE REPORTS 8. ADDENDUM TO AGENDA 9. CONSENT AGENDA 10. REGULAR AGENDA 11. OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING ITEMS 12. APPEARANCE REQUESTS (SHALL BEGIN NO EARLIER THAN 5:30 P.M. AND NO LATER THAN 6:30 P.M.) 13. CONTINUED PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00 P.M., AND SHALL BE TAKEN UP IMMEDIATELY FOLLOWING COMPLETION OF OLD BUSINESS AND UNFINISHED ACTION ON PUBLIC HEARING ITEMS) 14. NEW PUBLIC HEARINGS (SHALL BEGIN NO EARLIER THAN 6:00 P.M. AND END NO LATER THAN 11:00 P.M. AND SHALL BE TAKEN UP IMMEDIATELY FOLLOWING COMPLETION OF CONTINUED PUBLIC HEARINGS) 14. P. Ordinance No. AO 2018-104, an ordinance of the Anchorage Assembly submitting to the qualified voters of the Municipality of Anchorage a ballot proposition amending the Anchorage Municipal Charter to authorize a retail sales tax on alcoholic beverages and dedicating the net receipts revenue to health and public safety purposes, including financing support for such purposes;  Anchorage Municipa l Assembly Page 2 of S Continued Assembly Meeting of Decem ber 18, 2018 On December 20, 2018 authorizing the Assembly to implement and levy the tax by ordinance; and related matters, Mayor Berkowitz, Assembly Vice-Chair Croft, Assembly Members Traini and Rivera. 14. P.1.Assembly Memorandum No. AM 721-2018. 14.P.2. O rdinance No. AO 2018-104(S). an ordinance of the Anchorage Assembly submitting to the qualified voters of the Municipality of Anchorage a ballot proposition amending the Anchorage Municipal Charter to authorize a retail sales tax on alcoholic beverages and dedicating the net receipts revenue to certain public health and homelessness-related [health and public safety] purposes, including financing support for such purposes; authorizing the Assembly to implement the tax by ordinance; and related matters, Assembly Member Weddleton. 14.P.3. Assembly Memora ndum No. AM 789-2018. 14.P.4. Summary of Economic Effects (SEE) for Ordinance No. AO 2018-104(S). Dick Traini moved, to approve AO 2018-104 Felix Rivera seconded, and this motion PASSED 10 -1 . AYES: Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Fred Dyson, Gretchen Wehmhoff NAYS: John Weddleton The Youth Representative was "excused ." Suzanne LaFrance moved, to amend AO 2018- 104 with LaFrance Amendment No. John Weddleton seconded, 1 ... on page 1, line 31, as follows: {a) If the ballot proposition for amending this section to the Charter received approval of at least three-fifths (3/5) of the qualified voters voting on the question, then t(Tl tax levy If the ballot proposition received approval of less than three-fifths of the qualified voters voting on the question. then this section shall be without force or effect. on page 2, line 13, as follows: [And by amending Anchorage Municipal Charter, Article II (4) , and Charter § 14 .01 (b) as follows (underlined and bolded words are proposed new words; strikeouts in bold are proposed deletions): ARTICLE II BILL OF RIGrffS This Charter guarantees rights to the people of Anchorage that are in addition to rights guaranteed by the Constitution of the United States of America and the Constitution of the State of Alaska. Among rights guaranteed by this Charter are: *** *** *** (4) The right of immunity from sales taxes, except upon approval by three fifths (3t5) of the qualified voters voting on the question, except th e tax[ES] imposed by Charter§ Section 14.05 [AND§ 14.07] shall be effective if approved by a majority (50 percent + one) of the qualified voters voting on the question. Section 14.01 Taxing Authority*** *** *** (b) Unless otherwise provided in this Charter, no sales tax ordinance is valid until ratified by three fifths (3t5) of those 't'Oting on the question at a regular or special election, except the tax[ES] imposed by Charter § 14.05 [AND§ 14.07 ]shall be effective if approved by a majority (50%+ one) of the qualified voters voting on tRe question.] If approved by a majority of the voters voting on the question at the April 2, 2019 Regular Election, the amendments to the Charter above shall be effective upon certification of the election, and the alcoholic beverages retail sales tax shall only be effective and levied if approved by three-fifths (3/5) of the qualified voters voting on the question. and this motion FAILED 2 - 8. AYES: John Weddleton, Suzanne LaFrance NAYS: Felix Rivera, Austin Quinn-Davidson , Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Gretchen Wehmhoff EXCUSED: Fred Dyson  Anch orage M unicipal Assembly Page 3 of 5 Continued Asse mbly M eet ing of Decem ber 18, 2018 On December 20, 2018 The Youth Representative was "excused." Clerk's Note: Assembly Member Dyson was away from the phone and did not vote. BILL FA LSEY, Municipal Manager, spoke. BECKY WI NDT PEA RSON , Municipal Attorney, spoke. Suzanne LaFrance moved, to amend AO 2018-104 with LaFrance Amendment No. John Weddleton seconded, 2, on page 1, line 40, as follows: [public safety, and] homelessness prevention and response, including abatement of prohibited campsites, and public safety- related costs directly related and reasonably necessary to support these services and facilities. After these projects and programs are adequately funded in the proposed annual budget, remaining revenue may be appropriated to public safety operating costs. and this motion FAILED 2 - 8. AYES: John Weddleton, Suzanne LaFrance NAYS: Felix Rivera, Austin Quinn-Davidson, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Gretchen Wehmhoff EXCUSED: Fred Dyson The Youth Representative was "excused." Clerk's Note: Assembly Member Dyson was away from the phone and did not vote. Suzanne LaFrance moved, to amend AO 2018-104 with Constant Amendment No. Pete Petersen seconded, 5, on page 2, line 11 , as follows: by ordinance. The assembly shall provide for an allowance that registered retailers in good standing may deduct and retain from the tax monies collected by their business to offset their costs of collecting and timely remitting the taxes authorized by this section. and this motion FAILED 2 - 8. AYES: John Weddleton, Suzanne LaFrance NAYS: Felix Rivera, Austin Quinn-Davidson , Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Gretchen Wehmhoff EXCUSED: Fred Dyson The Youth Representative was "excused." Clerk's Note: Assembly Member Dyson was away from the phone and did not vote. BL YSS CRUZ, Finance Department, Principal Administrative Officer, spoke. Suzanne LaFrance moved, to amend AO 2018- 104 with Croft Amendment No. 6, Felix Rivera seconded, page 2 , line 13, to add new subsection as follows: (e) At least 120 days before the end of the fiscal year of the municipality and at such other times as the assembly directs, the mayor shall submit to the assembly a report of the alcohol tax revenues collected and expended. The report of expenses shall be itemized be each authorized use or purpose. and the motion on this document, as amended, FAILED 5 - 5. AYES: John Weddleton, Suzanne LaFrance, Dick Traini, Eric Croft, Gretchen Wehmhoff NAYS: Felix Rivera, Austin Quinn-Davidson , Forrest Dunbar, Pete Petersen, Christopher Constant EXCUSED: Fred Dyson The Youth Representative was "excused." Clerk's Note: Assembly Member Dyson was away from the phone and did not vote. Clerk's Note: Cha ir Croft passed the gavel to Assembly Vice-Chair Rivera to comment on this item. Following his remarks, the gavel was returned to Chair Croft.  Anchorage Municipal Assembly Page 4 of 5 Continued Assembly Meeting of December 18, 2018 On December 20, 2018 Dick Traini moved, to amend Croft Amendment No. 6 as follows: assembly Felix Rivera seconded, a report of the alcohol tax revenues collected and expended. The and this motion PASSED 10 - 0. AYES: John Weddleton, Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Gretchen Wehmhoff NAYS: None EXCUSED: Fred Dyson - The Youth Representative was "excused." Clerk's Note: Assembly Member Dyson was away from the phone and did not vote. Felix Rivera moved, to extend debate on Item 14.P. by 10 minutes Dick Traini seconded, and this motion PASSED 11 - 0. AYES: John Weddleton, Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Fred Dyson, Gretchen Wehmhoff NAYS: None The Youth Representative was "excused." Christopher Constant moved, to immediate reconsideration of AO 2018-104 Felix Rivera seconded, and this motion FAILED 2 - 9. AYES: John Weddleton, Fred Dyson NAYS: Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Gretchen Wehmhoff The Youth Representative was "excused." - 14.Q. Ordinance No. AO 2018-113, an ordinance of the Anchorage Municipal Assembly amending Anchorage Municipal Code Section 10.50.010 to change the permitted times for sale and consumption of alcohol on premises with a liquor license, Assembly Vice-Chair Croft and Assembly Chair Dunbar. Chair Croft opened the public hearing. SARAH OATES testified. Chair Croft closed the public hearing. Forrest Dunbar moved, to continue to public hearing on AO 2018-113 to the Christopher Constant seconded, Regular Assembly Meeting of February 12, 2019 and this motion PASSED 11 - 0. AYES: John Weddleton, Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Fred Dyson, Gretchen Wehmhoff NAYS: None The Youth Representative was "excused." 15. SPECIAL ORDERS 16. RESERVED 17. AUDIENCE PARTICIPATION - EUGENE HABERMAN spoke. SARAH OATES spoke. DAVID MCCARTHY spoke. STRONG MCGALLIGAR spoke.  Anchorage Municipal Assembly Page 5 of 5 Continued Assembly Meeting of December 18, 2018 On December 20, 2018 18. ASSEMBLY COMMENTS LILY SPIROSKI , Youth Representative, spoke. JOHN WEDDLETON, Assembly Member, spoke. SUZANNE LAFRANCE, Assembly Member, spoke. FELIX RIVERA, Assembly Vice-Chair, spoke. DICK TRAIN! , Assembly Member, spoke. PETE PETERSEN, Assembly Member, spoke. CHRISTOPHER CONSTANT, Assembly Member, spoke. GRETCHEN WEHMHOFF, Assembly Member, spoke. 19. EXECUTIVE SESSIONS 20. ADJOURNMENT (SHALL BE PROMPTLY AT 11 :00 P.M.; PROVIDED, HOWEVER, BY TWO THIRDS VOTE OF THE ASSEMBLY, ADJOURNMENT AND BUSINESS BEFORE THE ASS EMBLY MAY BE CONTINUED PAST 11 :00 P .M. UNTIL 12:00 MIDNIGHT) Austin Quinn-Davidson moved, to adjourn the Continued Assembly Meeting of Felix Rivera seconded, December 18, 2018 and this motion PASSED 11 - 0. AYES: John Weddleton, Felix Rivera, Austin Quinn-Davidson, Suzanne LaFrance, Dick Traini, Forrest Dunbar, Eric Croft, Pete Petersen, Christopher Constant, Fred Dyson, Gretchen Wehmhoff NAYS: None The Youth Representative voted "aye." Chair Croft adjourned the Continued Assembly Meeting at 7:28 p.m. -;;J~ fL, £, l:.-, ~ ERIC CROFT, Assembly Chair ATTEST: ~{ BARBA A JONES, Municipal Clerk BAJ/ kji Electronic versions of archived meeting minutes can be found online at http://www.muni.org/watchnow. Also access live streaming audio and video, view documents and download podcasts. Keep up to date with municipal meetings.