AGENDA/MANAGER’S REPORT

THE CITYAND BOROUGH OF JUNEAU, ALASKA

Monday, May 01, 2000 7:00 – 11:00 PM

Assembly Chambers – Municipal Building

Meeting No. 2000-09

Submitted by: _____________________________

David R. Palmer

City & Borough Manager

 

  1. FLAG SALUTE
  2. ROLL CALL
  3. SPECIAL ORDER OF BUSINESS
    1. Proclamation for Ladd Macaulay and Martin Richard.
    2. Alaska Department of Environmental Conservation status report of clean water and ambient air monitoring. Efforts are planned for this season.
  1. APPROVAL OF MINUTES
    1. 4/3/00-Regular Meeting No. 2000-07
    2. 4/17/00-Regular Meeting No. 2000-08
  1. MANAGER’S REQUEST FOR AGENDA CHANGES
  2. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).
  3. CONSENT AGENDA
    1. Public and Assembly Requests for Consent Agenda Changes, Other Than Ordinances for Introduction
    2. Assembly Action
    1. Ordinances for Introduction

(Note: All but the first three ordinances to be introduced have been previously adopted but are reintroduced to meet notice requirements. The titles for ordinances for readoption are italicized.)

    1. Ordinance No. 2000-18
    2. An Ordinance Authorizing And Directing The Interim Reorganization Of The Health And Social Services Department.

      We will soon be changing some of the services provided through programs operated by the Health and Social Services Department (HSS). These service changes could impact HSS programs to the extent that the department should be altered or abolished. The Charter requires that if the Assembly acts to alter or abolish a department, the action must be by ordinance.

      It will be several months before we can arrive at any final recommendations for Assembly action. In the interim, we must address the issues in a sensitive and clear manner. This job will be easier if staff, clients, and the public are confident that CBJ administration and Assembly are working together.

      There is no legal requirement for an ordinance at this point, and there may never be. However, it is possible that at some point in the process it would be legally prudent to have an ordinance. Legalities aside, an ordinance will be helpful. A noncode ordinance is sufficient right now: we will report back as necessary.

      I recommend that this ordinance be introduced and set for action at the next regular meeting.

    3. Ordinance No. 99-17 (Z)
    4. An Ordinance Appropriating To The Manager The Sum Of $7,700 As Partial Funding For The Purchase Of Bulletproof Vests. Such Funds Provided By United States Department Of Justice.

      This ordinance appropriates $7,700 of a $15,700 grant from the United States Department of Justice (USDOJ) for the purchase of bulletproof vests. The remaining $8,000 of the grant will be appropriated to the Juneau Police Department (JPD) through the FY01 budget process. The grant has a match requirement of $15,700. JPD’s FY00 budget and FY01 proposed budget would provide match of $7,700 and $8,000, respectively.

      The Bulletproof Vest Partnership (BVP) Grant Act of 1998 purpose is to save lives of law enforcement officers by helping states and units of local government and tribal governments equip their law enforcement officers with armor vests. The program is designed to pay up to fifty percent of the cost of NIJ approved vests contained in a jurisdiction’s application. The grant must be used by December 2002; however, JPD anticipates using the funds by June 2001.

      The entire process of obtaining federal funds was completed through an Internet site. A copy of the grant award can be found in your packet.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    5. Ordinance No. 99-17 (AA)
    6. An Ordinance Appropriating To The Manager The Sum Of $547,200 For School District Operations. Such Funds Provided Various State, Federal And Private Grants And Contracts.

      This ordinance appropriates $547,200 in various State, Federal and Private grants and contracts for School District operations. This is a housekeeping action that will bring the School District’s FY00 budget into alignment with actual revenue received from the State, Federal and Private sources.

      The FY00 budget originally projected that revenue from these sources would be $24,769,600; actual revenue will be $25,316,800.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    7. Ordinance No. 2000-14
    8. An Ordinance Amending the Business Code to Extend Liquor Licensee Hours of Sale for Days On Which Clocks Are Adjusted From Standard to Daylight Saving Time. (Readoption)

      This resolution establishes an automatic one-hour extension of bar closing hours on days when clocks "spring forward" to adjust for daylight saving time.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    9. Ordinance No. 2000-15
    10. An Ordinance Amending the Sales Tax Code to Repeal the Exemption for Sales, Services and Rentals To or By the Federal Government and to Impose the Tax on Certain Sales, Services, and Rentals By the City and Borough of Juneau. (Readoption)

      The current sales tax exemption for governments allows Juneau to tax certain of its own services, but not its own goods. This ordinance amends the exemption to require taxation of several more CBJ goods and services.

      The ordinance also removes the exemptions for sales to or by the federal government. Many of these sales will remain exempt by force of federal law, but this ordinance will make some transactions subject to taxation. Sales by governments are the most likely candidates because the sales tax falls on the private buyer, not the government seller.

      The exemption for other municipalities is left in place in order to maintain Juneau’s role as a regional leader and good neighbor. Sales to CBJ remain exempt because it would be a pointless expense for the City and Borough to tax itself.

      This ordinance amends the code for clarification in several places, most notably by uniform usage of the phrase "retail sales, services, and rentals of real and tangible personal property" in place of several different wordings which gave the false impression of different meanings.

      In order to allow Capital Transit and Eaglecrest to make a more orderly transition to the new rule, the subsections which require them to collect sales tax will be effective at the beginning of the next fiscal year.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    11. Ordinance No. 2000-16
    12. An Ordinance Repealing Chapter 30 of the Business Regulations Code Relating to Pawnbrokers, Secondhand Dealers and Junk Shops. (Readoption)

      CBJ pawnbroker regulations primarily duplicate state regulations. These state licensing and record keeping regulations are enough to provide JPD with the information it needs, so elimination of the CBJ system will save staff and businesses time and money.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    13. Ordinance No. 2000-17
    14. An Ordinance Authorizing the Manager to Reconvey Approximately 30 Acres of Municipally-Owned Property Located at 7 Mile Glacier Highway and to Convey Approximately 46 Acres of Land Above Crow Hill in Douglas to the Alaska Mental Health Trust in Exchange for Property Located Near Sunny Point. (Readoption)

      This ordinance is in response to public input regarding the disposal of land in Douglas to the Alaska Mental Health Trust. The Trust had originally selected 134 acres of land as part of a land exchange with the City. However, in response to concerns about the size and development issues with the land involved, the exchange parcel was substantially modified; under the current proposal only 46 acres in Douglas would be conveyed to the Trust.

      Ordinance 2000-17 authorizes the Manager to complete an equal value land exchange with the Alaska Mental Health Trust, initiated three years ago with the adoption of Ordinance 97-23. Ordinance 97-23 established the foundation for the land exchange, prompted by a mutual desire by the CBJ and Trust to relocate the National Guard armory from its downtown site. Its current site is owned by the Trust and has been identified for redevelopment.

      As part of the exchange, the National Guard was given approximately 10 acres of Trust land near 7-Mile Glacier Highway for its new facility and the CBJ acquired an additional 40 adjacent acres, 30 of which were considered suitable for residential development. The 7-Mile land was valued at $900,000. The CBJ has the option of providing equal-value land or paying the Trust in cash.

      The Trust has agreed to accept a reconveyance of approximately 30 acres of the 7-Mile property, considered surplus to the National Guard needs, and valued at $612,000. To make up the difference in value, the Trust has selected approximately 46 acres of CBJ land, above Crow Hill in Douglas.

      At its meeting February 7, 2000, the Assembly referred this matter to the Assembly Lands Committee. The Lands Committee met February 23, 2000 and recommended approval of the modified trade agreement.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    15. Ordinance No. 99-17 (AB)
    16. An Ordinance Appropriating To The Manager The Sum Of $323,900 As Additional Funding For The New Police Station. Such Funds Provided By Interest Income. (Readoption)

      This ordinance appropriates $323,900 in interest earnings as additional funding for construction of the new police station. The interest is earned on the unspent temporary sales tax proceeds, which provided funding for the project.

      Interest earnings on sales tax have been planned into the project budget. This is the second such appropriation. The total interest earned on the project as of June 30,1999 was $543,700. A final appropriation from interest earnings will appear on a future agenda.

      The project is nearing completion on time and on budget. JPD moved into the building in mid-February.

      This ordinance was previously adopted as 99-17(Q) on February 7, 2000. Due to an oversight the public notice requirements were not met.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    17. Ordinance No. 99-17 (AC)
    18. An Ordinance Transferring To The General Fund $37,600 For Unanticipated Reductions In Employee Liability Charges. Of The Amount Transferred $25,800 Will Be Provided By The Juneau Douglas School District And $11,800 By Bartlett Regional Hospital. (Readoption)

      This Ordinance transfers $25,800 from the School District and $11,800 from Bartlett Regional Hospital to the general fund for reductions in Risk Management's FY00 charges for Employee Liability Coverage.

      During the FY00 budget process, it was determined that the Risk Management charges for Employee Liability coverage to the School District and Bartlett Regional Hospital could be reduced by $25,800 and $11,800. On June 9, 1999, the Assembly Finance Committee, by motion, reduced Risk Management's interdepartmental charge for FY00. The Assembly Finance Committee also went on to recommend the School and Hospital Boards that they consider transferring these unanticipated budgetary savings to the City’s General Fund.

      The School Board endorsed the transfer of $25,800 to the General Fund on June 15, 1999. The Hospital verbally approved the transfer to the General Fund on January 28, 2000. We appreciate the spirit of cooperation these actions indicate.

      Copies of the School Board meeting minutes can be found in your packets.

      This ordinance was previously adopted as 99-17[R] on February 14, 2000. Due to an oversight the public notice requirements were not met.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    19. Ordinance No. 99-17 (AD)
    20. An Ordinance Appropriating To The Manager The Sum Of $26,000 For Maintenance Of The Exterior Siding And Interior Painting At Centennial Hall. Such Funds Provided By Centennial Hall Unreserved Fund Balance. (Readoption)

      This ordinance appropriates $26,000 from the Centennial Hall unreserved fund balance for costs associated with the cleaning and re-staining of the exterior siding, and interior painting at Centennial Hall. Currently, the siding is scheduled for replacement in FY02, in the amount of $420,000. However, by implementing a cleaning and resealing program in FY00, the siding replacement project could be delayed until FY05.

      The project would consist of cleaning and sealing, as well as caulking of cracks, window and door openings, and other exterior penetrations, and final staining of the exterior siding. Interior painting of the front offices, kitchen doors, service corridors, and maintenance office would be completed when weather does not allow outside work.

      This work is consistent with routine maintenance work done by CBJ staff. A temporary Laborer position will be created to perform the necessary work. Your packet includes a breakdown of costs estimated for the project, including personnel costs.

      It is recommended that the project be implemented as soon as possible, to take advantage of summer weather with better working conditions to do the exterior work.

      After this ordinance is adopted, Centennial Hall’s unreserved fund balance would be approximately $190,900.

      This ordinance was previously adopted as 99-17(S) on March 20, 2000. Due to an oversight the public notice requirements were not met.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    21. Ordinance No. 99-17 (AE)
    22. An Ordinance Appropriating To The Manager The Sum Of $7,260 To Perform A Survey And Publish A Report Of The Historic Buildings In The Casey-Shattuck Neighborhood. Such Funds Provided By The Alaska Department Of Natural Resources. (Readoption)

      This ordinance appropriates a $7,260 grant from the Alaska Department of Natural Resources, Office of History and Archaeology (OHA), to conduct a survey of historic buildings in the Casey-Shattuck neighborhood. The project would further document historic resources of the Juneau community. The scope of the work will include documenting the history of the neighborhood’s development, identifying historic resources and surveying the current condition of historic properties within the neighborhood. It is estimated the 75% of the buildings are historically or architecturally significant. The neighborhood is believed to contain the largest concentration of historic houses in the community.

      In 1993 OHA awarded the City a grant to survey the Casey-Shattuck neighborhood and the Assembly decided not to approve the in-kind services match which was proposed. Since 1993 many residents of the neighborhood have indicated a desire that a survey be done. A number of residents have offered to assist with such a survey. Volunteer time on the project will provide the entire match for the grant. Volunteers would provide research, field survey and photographic services for the project. Community Development staff would provide oversight of the project, administration of the grant, and preparation of the final report.

      The Juneau Historic Resources Advisory Committee held a public meeting to discuss the proposed project on October 27, 1999. The Committee recommended that the City submit an application to survey the historic buildings of the Casey-Shattuck neighborhood. The project is consistent with the CBJ Comprehensive Plan and the draft Historic Preservation Plan.

      Total project cost is $12,100. The grant share is $7,260; the local share is $4,840. The project will be completed by March 31, 2001.

      Resolution No. 2009, authorizing the manager to submit an application for the grant, was adopted at the Assembly Meeting of 12/6/99.

      This ordinance was previously adopted as 99-17(T) on March 20, 2000. Due to an oversight the public notice requirements were not met.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    23. Ordinance No. 99-17 (AF)
    24. An Ordinance Appropriating To The Manager The Sum Of $1,650 For Completion Of A Historic Preservation Webpage As Part Of The City And Borough Of Juneau’s Internet World Wide Web Offering. Such Funds Provided By The Alaska Department Of Natural Resources. (Readoption)

      This ordinance appropriates a $1,650 grant from the Alaska Department of Natural Resources, Office of History and Archaeology (OHA), for the second phase of the development of a historic preservation web page for Juneau. Phase I included planning, initial development of features and launching the web page on the Internet.

      Phase II allows people to reach Juneau historic information, currently available in hard copy, electronically and include this information in the body of knowledge about Juneau’s history.

      Total project cost is $2,750. The grant share is $1,650; the local share is $1,100. The project will be completed by March 31, 2001.

      The Juneau Historic Resources Advisory Committee recommends the City submit an application to complete the development of the Historic Preservation Webpage. The project is consistent with the CBJ Comprehensive Plan and the draft Historic Preservation Plan.

      Resolution 2008, authorizing the manager to submit an application for the grant, was adopted at the Assembly Meeting of 12/6/99.

      This ordinance was previously adopted as 99-17(U) on March 20, 2000. Due to an oversight the public notice requirements were not met.

      I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    25. Ordinance No. 99-17 (AG)

An Ordinance Appropriating To The Manager The Sum Of $83, 500 For The Following Capital Projects: Airport Revolving Capital Reserve Account, General Aviation And Air Carrier Ramp Design, Airport Master Plan, Rehabilitation Of Blast Pads, Hard Stands And Chip Seal, Airport Perimeter Fence I And Airport Terminal Wall And Ceiling Rehabilitation. Such Funds Provided By Passenger Facility Charges. (Readoption)

There is appropriated to the Manager the sum of $83,500 for the following capital projects:

    1. Airport Revolving Capital Reserve Account $43,041
    2. General Aviation and Air Carrier Ramp Design 8,354
    3. Airport Master Plan 22,578
    4. Rehabilitation of Blast Pads. Hard Stands, and Chip Seal 1,072
    5. Airport Perimeter Fencing I 121
    6. Airport Terminal Wall and Ceiling Rehabilitation 8,334

$83,500

The source of funds for this project is the Passenger Facility Charges.

This ordinance was previously adopted as 99-17(V) on April 3, 2000. Due to an oversight the public notice requirements were not met.

I recommend this ordinance be scheduled for public hearing at the May 15, 2000 Assembly meeting.

    1. Liquor Licenses

Beverage Dispensary

Chinese Palace

Hangar on the Wharf

Louis Douglas Inn

Tabby’s Sports Lounge

Package Store

Alaska Express

Restaurant Easting Place-Public Convenience

Armadillo Tex-Mex Café

City Café

Twisted Fish Company

Wholesale License- General

Odom Company

West Coast Distributors

Wholesale License- Malt Beverage License

Specialty Imports

The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for renewal of their liquor licenses. The Human Resources Committee will meet on Monday, May 1, 2000, and based on the information provided at its meeting, will forward its recommendation to the Assembly tonight regarding whether to waive its right to protest the applications as listed above.

I recommend the Assembly adopt the Human Resources Committee recommendation from tonight’s meeting regarding its right to protest the licenses as reported.

Card Room License Renewal

Triangle Club, Inc.

The Finance, Police, and Community Development Departments have reviewed the above business for renewal of their card room license. The Human Resources Committee will meet on Monday, May 1, 2000, and based on the information provided at its meeting, will forward its recommendation to the Assembly tonight regarding whether to approve the application for a card room license or not.

I recommend the Assembly adopt the Human Resources Committee recommendation from tonight’s meeting regarding the granting of the above mentioned license renewal.

    1. Bid Awards:

    1. Contract No. E00-128 Lena Loop Reservoir
    2. Bids were opened on the subject project on April 17, 2000. The bid protest period expired at 4:30pm on April 19, 2000. Results of the bid opening are as follows:

     

    RESPONSIVE

    Base Bid

    Additive Alternate

    TOTAL BID

    Arete Construction Corporation

    $1,373,706

    $79,000

    $1,452,706.00

    Channel Construction, Inc.

    1,434,002

    80,000

    1,514,002.00

    McGraw Gravel Sales, Inc.

    1,524,101

    71,000

    1,595,101.00

    T Bailey, Inc.

    1,540,445

    70,000

    1,610,445.00

    Coogan Construction

    1,569,276

    75,000

    1,644,276.00

    Glacier State Contractors, Inc.

    1,605,591

    82,000

    1,687,591.00

    Engineer's Estimate

    $1,833,180

    $50,000

    $1,883,180.00

    This project consists of construction of a one million-gallon welded-steel reservoir; a pump station, water pipe from Point Lena Loop Road to the reservoir site and at the pump station site, and removal of the existing pump station at Lee Drive. Additive Alternate work provides for reservoir insulation and metal jacket.

    The funding source for this project is the Alaska Drinking Water Fund Loan, FY/99 and FY/00 AW Street Sales Tax, and FY/96 General Sales Tax. Potential is good for State grant monies. Total project funds are $2,330,000. This project will be completed in fall of 2001.

    I recommend award of this project to Arete Construction Corporation in the amount bid for a total award of $1,452,706.00

  1. Contract No. E00-328 Centennial Hall Floor Covering

Bids were opened on the subject project on April 21, 2000. The bid protest period expired at 4:30pm on April 25, 2000. Results of the bid opening are as follows:

 

RESPONSIVE

TOTAL BID

Commercial Contractors, Inc.

$66,879.00

 

 

 

 

Architect’s Estimate

$68,000

The project consists of removal and disposal of existing floor coverings and installation of new carpet tile, resilient flooring, rubbers base, floor covering accessories and miscellaneous related work.

One other bid was received but it was declared non-responsive.

The funding source for this project is the Building Maintenance CIP, total project funds are $82,000.

I recommend award of this project to Commercial Contractors, Inc. in the amount bid for a total award of $66,879.00

    1. ORDINANCES FOR PUBLIC HEARING
    1. An Ordinance Amending the Commercial Passenger Vehicle Code to Amend the Definition of Courtesy Vehicle; Amend the Code to Clarify that the Chief of Police Appoints the CPV Administrator; Establish the Offenses of Radar Detectors Prohibited, Excess Number of Passengers Prohibited, Radio Scanners in Taxis Restricted, and Use of Commercial Passenger Vehicle as Courtesy Vehicle, and Establishing Penalties for the Violation Thereof; and Amending the Purpose and Conditions of the Shuttle Endorsement to Include Scheduled Stops and Establishing as an Infraction a Failure to Follow the Schedule. Presented by the Manager.

This ordinance amends the commercial passenger vehicle code to create three new offenses as requested by the police department, to modify the definition of "courtesy vehicle" as requested by the hotel, tour, and taxi industries, and makes a correction to an inconsistent code section. These changes have been developed by a subcommittee of the Planning & Policy Committee in cooperation with the affected industries and staff.

        1. Prohibit any commercial passenger vehicle from having a "radar detector" in the vehicle.
        2. Prohibit having an excess number of passengers in a commercial passenger vehicle.
        3. Prohibit a taxi having a radio scanner in the vehicle when on duty.

20.40.340 RADIO SCANNERS IN TAXIS RESTRICTED PROHIBITED.
(a) It shall be unlawful for the driver of a taxicab or the holder of a certificate endorsed for taxi service to provide services in a vehicle equipped with a device capable of monitoring to monitor the radio communications of another holder or the Juneau Police Department.

(b) This section shall not apply to a taxicab vehicle not in service and lawfully marked as such. Violation of this section is an infraction.

(c) Violation of this section is an infraction.

(4) Infractions. It shall be an infraction for a driver operating pursuant to a shuttle endorsement to:

(A) Stop a vehicle to pick up or discharge a passenger at a time or place not authorized by the endorsement; or

(B) Stop a vehicle to pick up or discharge a passenger within a commercial passenger vehicle control zone at a place other than a commercial passenger vehicle stop; or

(C) Fail to provide service at a scheduled stop.

A memo providing more background and explanation is provided in the packet materials. This memo also contains the changes requested by the police department.

I recommend this ordinance be adopted.

Public Hearing

Assembly Action

  1. Ordinance No. 2000-10

An Ordinance Amending the Election Code to Provide for Review by the Election Official of Initiative Affidavits. Presented by the Manager.

The ordinance expands the process used by the Election Official to review local voter initiatives. The new process is similar to the one used by the Lieutenant Governor to review state voter initiatives.

Currently, the Election Official’s review is exercised toward the conclusion of the initiative process, when she examines petition booklets for damage or inadequate signatures. This ordinance adds a procedure at the beginning of the process when the petitioner’s committee submits its "affidavit". The affidavit identifies the members of the initiative committee, and sets out the measure to be initiated.

This ordinance would require that the Election Official certify the affidavit before issuing petition booklets. Certification would be denied if the affidavit or measure are in the wrong form or the petitioner’s committee has fewer than five members. More significantly, certification would be denied if the measure to be initiated violates certain rules for initiatives which are imposed by the Charter, the Alaska Constitution, or common law. Under these rules, the measure would be denied certification if it:

  1. Establishes a budget, fixes a mill levy, or appropriates funds,
  2. Dedicates revenue, creates courts, defines the jurisdiction of courts or prescribes their rules, or enacts local or special legislation, or
  3. Is not limited to one subject

It is important to note that these criteria do not involve the merits of the measure. The Election Official is not empowered to reject a measure because she thinks it is unconstitutional, pre-empted by state law, or generally unwise. These kinds of issues must be resolved by a lawsuit after the measure is adopted.

Your packet includes a memorandum prepared by the Attorney for Mr. Garrett. The same memo, along with court cases, attorney general opinions, and other backup material is on the web at www.cbjlaw.com

I recommend this ordinance be adopted.

Public Hearing

Assembly Action

  1. Ordinance No. 2000-11

An Ordinance Appropriating Money Out of the Treasury for FY01 City and Borough Operations. Presented by the Manager.

This ordinance will appropriate the FY01 operating budget for the City and Borough of Juneau. The Charter requires the Assembly to appropriate the FY01 operating budget, by ordinance, no later than June 15, 2000. The Charter also requires at least one public hearing to be held on this ordinance during the month of April 2000 and is currently scheduled for April 26,2000.

I recommend this ordinance be referred back to the Assembly Finance Committee for further review and brought back for Assembly action on June 5, 2000.

  1. Ordinance No. 2000-12

An Ordinance Appropriating Money Out of the Treasury for FY01 School District Operations. Presented by the Manager.

This ordinance will appropriate the School District FY01 operating budget. The ordinance includes local funding support for education. The Assembly is required, by State Statute, to indicate the minimum amount of funding to be made available for School District operational support no later than 30 days after receipt by the CBJ of the School District’s budget request, for this year no later than April 26, 2000. The Assembly must appropriate, by ordinance, the amount of local support for School District operations no later than May 31, 2000.

At the April 26 meeting, the Finance Committee recommended the FY01 local contribution be set at $16,618,800.

Once committed to this level of funding for FY01, the amount may not be reduced even if further budget shortfalls occur. With this caveat, I recommend that this ordinance be amended and adopted as recommended by the Assembly Finance Committee.

  1. Ordinance No. 99-17 (W)

An Ordinance Appropriating to the Manager the Sum of $100,000 for an Acoustic Study of Neighborhoods Affected by Flightseeing Noise and to Conduct Feasibility Studies for Alternate Heliport Sites. Such Funds Provided by the General Fund Unappropriated Fund Balance.
Presented by the Manager.

This ordinance appropriates funds for a baseline acoustic study (phase I). A feasibility study of alternate heliport sites (phase II) is included in the request for proposals, but that work will not be authorized until two things occur:

    1. Funding must be increased, and
    2. The Assembly must determine that consideration of alternative heliports is an option it wants to investigate.

The acoustic study (phase I) would establish baseline noise levels in neighborhoods affected by flightseeing noise, measure flightseeing noise in those neighborhoods, project future noise levels in the absence of mitigating actions, and prepare a report explaining noise levels in terms of impacts on health and well-being.

This work is appropriately funded by the cruise passenger fee, but because the policy for use of the money is not yet developed, and because it is important to start the baseline noise study now, I recommend use of the general fund balance and ask the Assembly to consider reimbursing the fund with passenger fee money at the appropriate time.

The Planning and Policy Committee (PPC) approved the scopes of work for the Flightseeing Noise Assessment and the Heliport Feasibility Analysis during its March 13, 2000, and March 28, 2000 meetings.

I recommend this ordinance be adopted.

Public Hearing

Assembly Action

    1. Ordinance No. 99-17 (X)
    2. An Ordinance Appropriating To The Manager The Sum Of $100,000 As Additional Funding For The Riverbend Elementary School. Such Funds Provided By Interest Income Earned From Unspent Project Funding. Presented by the Manager.

      This ordinance appropriates $100,000 in interest earnings from unexpended project bond and grant funds as additional funding for the Riverbend Elementary School construction project. These funds will be used to expand the paved parking lot, fencing, drainage and other safety improvements to the playground, and provide funds for staff to continue to work with consultants to resolve roof problems.

      To date, total interest earned for the project is $386,900. Additional interest will be earned in FY00.

      I recommend this ordinance be adopted.

      Public Hearing

      Assembly Action

    3. Ordinance No. 99-17 (Y)

An Ordinance Appropriating to the Manager the Sum Of $250,000 as Additional Funding to Complete Bartlett Regional Hospital’s Project 98. Such Funds Provided by Bartlett Regional Hospital Retained Earnings. Presented by the Manager.

This ordinance will appropriate $250,000 to Bartlett Regional Hospital’s (BRH) "Project 98" from the Hospital’s retained earnings.

The additional funds will cover change orders and final project costs to complete the Surgery Remodel phase of the project. This appropriation will bring the "Project 98" budget to $8,085,050.

The Hospital Board approved transfer of $250,000 from the hospital enhancement restricted funds to the Project 98 capital budget at their regular board meeting of March 28, 2000.

A copy of the meeting minutes is enclosed in the packet.

I recommend this ordinance be adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
  2. NEW BUSINESS
    1. Bridges v. Planning Commission: Appeal of the Approval for Development of a Two-Story Retail Commercial Building (USE 2000-00009) and Lot Area Variance of Lot 2 (VAR-2000-00009)

At its regular meeting on March 28, 2000, the Planning Commission granted approval of an application by Steve Landvik for a conditional use permit (USE 2000-00009) for development of a two-story retail commercial building in a severe hazard area and a variance (VAR-2000-00009) for the lot area variance of Lot 2. On April 17, 2000, Paige Bridges appealed the Commission’s decision to the Assembly.

The Notice of Appeal and the Notice of Decision on USE 2000-00009 and VAR-2000-00009 are in your packet.

The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly, must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.

(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.

(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

Paige Bridges, Steve Landvik, and the Community Development Department have been advised that this matter is before the Assembly.

The following procedural issues should be decided:

    1. Will the Assembly accept the appeal?
    2. Will the Assembly hear the appeal itself or assign to a hearing officer?
    3. If the Assembly hears the appeal itself, will the Mayor preside, or will he

designate a member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process. With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal. After the Assembly has made its decisions on these issues, the Clerk will contact the parties and the presiding or hearing officer to notify them of the Assembly’s decision and to arrange for a pre-hearing conference or other proceedings.

The Notice of Appeal originally filed by Ms. Bridges included an engineer’s report critical of the safety of the project for which the permit was issued. On advice of the City Attorney, the Clerk declined to include this document with the Notice of Appeal in your packet. It is standard policy that appellants may not include backup material with their Notice of Appeal. The standard form includes a warning to this effect. Backup material is addressed at the pre-hearing conference.

Your packet does include a letter from the developer, Mr. Steve Landvik, who states his opposition to the appeal. The Attorney recommended inclusion of this letter in view of the Assembly’s regular practice of allowing developer to intervene in appeals of permits issued to them, and because the letter is limited to a statement of opposition without backup material.

Upon refusal of the clerk to accept the engineering report, Ms. Bridges delivered a letter stating her concerns about mass wasting and requesting that the City Attorney "put an emergency stay on the project". The Attorney advises that he is without authority to issue the requested stay. The request should have been directed to the Assembly pursuant to CBJ 01.50.030(h), which provides:

(h) Stay Pending Appeal. Unless ordered otherwise by the appeal agency, the decision being appealed shall not be stayed pending appeal but action by any person in reliance on the decision shall be at the risk that the decision may be set aside on appeal.

The appellate code does not provide standards or procedures for granting or denying a stay. As your packet was going to press, the Attorney, the CDD Director and the parties were consulting about the best way to present the matter to the Assembly. It appears that no construction activities are imminent, so we have some time to sort out the issues and report to the Assembly at the meeting.

  1. STAFF REPORTS ON NON-AGENDA ITEMS
    1. Amendments to the Waterfront Sales Permit Regulations.
      Presented by Joe Graham.

The Docks and Harbors Board is authorized by CBJ 85.02.070 to adopt regulations. The Board has proposed several changes to the regulations governing waterfront sales permits. These changes were prepared by the harbormaster and published for public comment from March 23 to April 17, 2000. No comments were received.

The complete regulations are in your packet. They include the following changes:

    1. Removal of the durational residency requirement for permit applicants. The amended regulations require only that the applicant have a place of business in the city and borough at the time of the application.
    2. The number of tour sales permits is no longer limited to two: the Port Director is authorized to vary the number in accordance with guidelines from the Board.
    3. The single tour sales permit authorized for the Cruise Ship Terminal is changed to one each at the Columbia Lot and the Visitors Center Lot.
    4. The minimum bid for a sales permit will be set by the Board.
    5. The number of tour broker permits will be set by the Port Director in accordance with guidelines from the Board.
    6. References to "docks" are changed to "wharves or trestles".
    7. These regulations are provided to the Assembly as an information item; unless the Assembly directs otherwise, the Manager will issue the regulations, which will become effective on the 7th day after filing with the clerk.
    1. Adoption of Commercial Use of Docks and Harbors Department Lands and Facilities Regulations. Presented by Joe Graham.

The Docks and Harbors Board is authorized by CBJ 85.02.070 to adopt regulations. The Board has proposed to adopt regulations governing commercial use of docks. These regulations were prepared by the harbor master and published for public comment from March 23 to April 17, 2000. No comments were received.

The regulations are in your packet. They are entirely new for the Docks and Harbors Department, but their concepts and language will be familiar because they were closely modeled on 11 CBJAC 01.010-100, "Commercial Use of Park Lands".

These regulations are provided to the Assembly as an information item; unless the Assembly directs otherwise, the Manager will issue the regulations, which will become effective on the 7th day after filing with the clerk.

    1. Assembly 2000 goals status report.
  1. ASSEMBLY REPORTS ON NON-AGENDA ITEMS
    1. Committee Reports
    2. Liaison Reports
    3. Presiding Officer Reports
  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. CONTINUATION OF PUBLIC PARTICIPATION ON PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  3. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Municipal Libraries.

ADA Accommodations Available Upon Request: Please contact the Clerk’s Office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s Office telephone number is 586-5278, TDD 586-5351, e-mail: Laurie_Sica@ci.juneau.ak.us.