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TO: Mayor and Assembly DATE: June 19, 1995

FROM: David R. Palmer

City and Borough Manager

SUBJECT: Manager's Report - Regular Mtg. No. 95-27

SPECIAL ORDERS OF BUSINESS:

1. Resolution No. 1761

This resolution is before the Assembly sitting as a Board of Equalization for the purpose of conducting a hearing on the assessment roll for Local Improvement District No. 74. Notice of this hearing has been provided to the property owners so that they may have the opportunity to present their objections to the assessment or any part of it, and to point out errors and inequalities, and submit reasons for amendments and corrections to the roll. All objections to the roll must be made in writing and filed with the clerk at or prior to the time of the hearing. Property owners may make oral presentations at the hearing, but any objection not reduced to writing is conclusively presumed to be waived.

The Clerk had, at the time your packets were prepared, received two letters objecting to the assessment, these are included in your packet. Also included in your packet is the assessment roll, a copy of the public notice, a sample of the letter sent to the property owners, a legal description of the L.I.D. and a project map.

After the Assembly has heard all objections, it may modify the roll or any part of it, or set aside the roll and order the remaking of the assessment. The Assembly may continue the hearing from time to time.

At the conclusion of the hearing, the Assembly should adopt the resolution confirming the roll as submitted, or as corrected or revised by the Assembly.

I recommend that Resolution 1761 be adopted.

2. Resolution No. 1770

This resolution ratifies the proposed labor agreement between the city and those police department employees represented by the Public Safety Employees Association. The CBJ bargaining team has been meeting with the union bargaining team since February. The Assembly has been apprised on the status of these negotiations from time to time throughout the process. The proposed agreement complies with the Assembly's guidelines.

The union notified us in writing on June 13 that the bargaining unit employees had ratified the proposed agreement. CBJ 44.10.120 requires ratification by resolution of the Assembly before the proposed agreement can be signed or implemented.

I recommend that this resolution be adopted.

CONSENT AGENDA:

A. Ordinances for Introduction:

1. Ordinance No. 94-17 (BB)

The State of Alaska acts as a clearinghouse for federal drug investigation/interdiction pass through monies. Eleven communities in Southeast Alaska pooled their pass through monies to allow for the placement of one grant funded drug investigator position to work with the Drug Enforcement Administration (DEA) narcotics task force in the Seattle, Washington area. For the last year, the investigator came from the Juneau Police Department. Grant monies from the State of Alaska to the Southeast Alaska Cities Against Drugs (SEACAD) fund the Juneau Police Investigator position with the DEA task force. Monies from the grant are used to offset actual personal services costs incurred by the investigator. These are the only expenses for which the City & Borough is responsible. This position was only budgeted for three months as a new officer was supposed to be sent down. Due to the funding running out, they extended this until October, 1995.

This ordinance will appropriate $64,635 to support the SEACAD position.

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

2. Ordinance No. 94-17 (BC)

This request is for $35,000 to supplement existing funds for the one time payment of $78,792 to PTI; for the purchase and use of their customer database and associated hardware/software; and, to close out the CIP project. Future maintenance payments of $4,696 a year will be funded from the E911 surcharge funds.

After this ordinance is adopted, the balance in the 911 surcharge account will be $68,683.49.

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

3. Ordinance No. 95-11 (A)

This ordinance appropriates $66,000 from the Lands Fund to apply towards completion of a joint master plan to address the development potential of Goldbelt, Inc. and CBJ-owned lands on the west side of Douglas Island. These lands are located within a New Growth Area as defined by the Comprehensive Plan. Owners of land within new growth areas are required to examine long term needs such as schools, water, sewer, waste disposal, roads, and other public facilities when evaluating the suitability of their land for development. A joint planning effort by the CBJ and Goldbelt provides an opportunity to evaluate land development options in a comprehensive manner.

An April 5, 1995 memorandum of understanding between the CBJ and Goldbelt outlines the process for preparing a joint master plan. The Assembly reviewed and approved the memorandum of understanding at its meeting April 3, 1995.

Based on inquiries made by Goldbelt, it appears the master plan will cost approximately $120,000. The CBJ and Goldbelt have each agreed to pay half of the total cost of the project. The CBJ recognizes that Goldbelt has previously completed $12,000 worth of work which is mutually beneficial and pertinent to this project. The CBJ has agreed to credit Goldbelt, according to the formula outlined in the memorandum of understanding (a copy is included in your packet) for one half the cost of the pertinent data it previously compiled. Therefore, the total cost of this project to the CBJ is estimated to be $66,000.

Once the appropriation is approved, and Goldbelt has secured its funding, CBJ staff will work with Goldbelt to prepare a Request for Proposals. It is anticipated the project will take six months to complete, once the contract is issued.

After this ordinance is adopted, the Lands Fund balance will be $1,732,390.

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

4. Ordinance No. 95-11 (B)

This ordinance appropriates $50,000 from the Lands Fund to complete the following projects:

Feasibility study of CBJ lands located at Lena Point and preparation of sketch plats; and

Survey of the perimeter of the CBJ land selection at Lena Point.

These projects will be accomplished as part of a newly created CIP.

The feasibility study is a first step in preparation for subdividing and selling that portion of the property determined suitable for residential development. This property was identified for disposal in the recently-adopted City and Borough of Juneau Land Management Plan. The feasibility study will include the following components: topographic mapping and survey control; economic analysis of sanitary sewer options; wetlands determination; access study; agency review; and preparation of three sketch plat options. The feasibility study will cost an estimated $38,000 of the $50,000 appropriation.

The perimeter survey is required by the Alaska Department of Natural Resources in order to patent the CBJ's land selection at Lena Point. The survey will cost an estimated $12,000 of the $50,000 appropriation.

Additional funds will need to be appropriated at a later date to complete the subdivision survey and construct water and sewer service to each lot. Staff will bring this additional appropriation request to the Assembly after the feasibility study is completed. It is envisioned that land sales at Lena Point will occur in phases over the next few years; surveying may be similarly done in phases.

After this ordinance is adopted, the Lands Fund balance will be $1,682,390.

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

5. Ordinance No. 95-11 (C)

This ordinance appropriates $140,000 from the Lands Fund to a new CIP for the construction of a sidewalk along Threadneedle Street. This sidewalk project has been recommended by the Assembly Lands Committee as a mitigative measure to allay neighborhood concerns regarding impacts from the planned Tlingit-Haida subdivision to be located at the end of Threadneedle Street.

The preliminary plat design for the subdivision includes forty lots for the Tlingit-Haida low income housing project and eighteen lots for the CBJ to sell as part of our land disposal program. This subdivision project will address two of the Assembly's highest priorities: increased housing opportunities and disposal of CBJ land. The construction of the sidewalk will offset impacts and be an added amenity for the entire neighborhood.

After this ordinance is adopted, the Lands Fund balance will be $1,542,390.

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

6. Ordinance No. 95-11 (D)

This appropriation of $25,000 will replace the water-lubricated bearing systems at two downtown Juneau wastewater lift stations with dry bearing systems. It also will replace deteriorating metal emergency generator air intake louvers at these lift stations and install cathodic protection for the wet wells at two lift stations in the Lemon Creek area and one in the Back Loop area.

Replacing the water-lubricated pump systems with dry seals will eliminate the possibility of cross-connections and reduce maintenance for relatively complex existing seals. Replacing metal louvers with fiberglass will reduce maintenance costs, as fiberglass has an indefinite life span (compared with metal) and does not need frequent refinishing. Cathodic protection for the wet wells will protect them from future failure due to corrosion and the resultant very expensive cost of replacement.

After this ordinance is adopted, the Sewer Replacement Reserve balance will be $457,100.

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

7. Ordinance No. 95-20

This ordinance simplifies and shortens the bid protest process. It allows a protester to appeal directly to the Manager, without an initial review by the purchasing officer. It shortens the time limit for issuance of findings by the manager and the board, but allows for extending the limit when necessary.

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

8. Ordinance No. 95-21

This ordinance authorizes a sealedbid sale of 2.8 acres of borough land near Indian Cove.

The property is a fraction of Lot 1, U.S. Survey 3810, located between Otter Way and Glacier Highway. TonerNordling conducted an engineering assessment of the property. Soils were examined for their suitability to support onlot sewer systems. The topography was evaluated to determine potential driveway access points off Otter Way. Based on the engineering report, staff recommends the parcel be subdivided into four lots. All lots will be larger than the minimum required by city and borough zoning regulations.

Due to its small size, the subdivision will be accomplished using the shortplat method. Therefore, the subdivision will be completed administratively and will not include a public hearing before the Planning Commission. Staff sent letters to neighboring property owners along Otter Way and invited comments on the sale. Only one letter has been received to date; it is included in your packet materials.

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

9. Ordinance No. 95-22

This ordinance establishes a fine of $25 for a first citation for unlawful camping on borough land. The fine for a second citation would be $50, and after that a court appearance would be required.

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

10. Ordinance No. 95-23

This ordinance establishes an L.I.D. for street improvements in Douglas. L.I.D. 79 will be for subbase and drainage improvements and asphalt paving of Treadwell Street, Summers Street, "D" Street, "E" Street, "G" Street, and Fifth Street. The estimated cost of construction of the project is $1,600,000. The property benefitted will bear $257,400 of the cost of the improvement, and the city and borough will bear the remainder, or $1,342,600.

The appropriate step at this time is for the Assembly to introduce this ordinance and schedule it for public hearing at its regular meeting of July 24, 1995. In the interim, notices will be published in the newspaper and sent to residents in the proposed L.I.D. so that they will have the opportunity to make their views known to the Assembly.

Your packet includes the legal description for L.I.D. No. 79, a project map, a sample of the letter to be sent to the property owners in the proposed L.I.D., a copy of the public notice, the assessment roll, the balloting results of property owner responses to the L.I.D., and a tentative schedule of events for L.I.D. No. 79.

I recommend that this ordinance be introduced and set for public hearing at the July 24, 1995 regular meeting.

11. Ordinance No. 95-24

This ordinance will authorize the disposal of seventeen lots in the TlingitHaida Subdivision located on municipal land near Thunder Mountain in the Mendenhall Valley. The 17 lots are part of a 58 lot subdivision approved by the Planning Commission at its meeting of June 13, 1995. Forty lots will be conveyed to the TlingitHaida Regional Housing Authority for a low income housing project. One lot will be retained for development of a neighborhood park.

TlingitHaida has been working with the Community Development Department for the past year to design a subdivision which addressed issues such as drainage, pedestrian traffic, buffers, and recreational uses. The preliminary plat approved by the Planning Commission included a number of conditions intended to ensure that these issues were adequately addressed. An issue of particular concern is the speed of traffic in the subdivision. One condition requests that the Assembly consider posting a 15 mile per hour speed limit within the subdivision and along Threadneedle Street. Additionally, the Planning Commission suggested installing speed bumps or dips to control vehicle speed.

The recently adopted Land Management Plan supported the sale of land in this location. CBJ lots which could be sold to the general public were included in the subdivision design to integrate market rate houses into the low income development.

The TlingitHaida Housing Authority intends to bid the construction of the subdivision development and houses as a single project this July. If there are not sufficient funds to pay for the entire project, one of the subdivision streets will be shortened and fewer housing units will be constructed. This will also reduce the number of CBJ lots created depending on the amount of shortfall.

Low income housing and the disposal of land has been a priority of the Assembly. This project will play a part in providing additional housing opportunities for local residents.

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

B. Resolutions:

1. Resolution No. 1768

This resolution changes the duties and organization of the Social Services Advisory Board. The changes are intended to focus the board on planning for the Health and Social Services Department. Specifically, the resolution has been revised to eliminate the board's responsibility for community health and social service planning and add planning for the Health and Social Services Department. It is anticipated that the new Health Care Coordinating Council and the Health Care Alliance will assume these broader perspectives. The Board has approved the Resolution at its meeting of May 16, 1995.

At its meeting of June 5, the Committee on Committees approved forwarding this resolution to the Assembly for action.

I recommend that this resolution be adopted.

2. Resolution No. 1769

The ADA Committee sunsets in July of this year; this resolution extends the Committee to July 1, 1998.

I recommend that this resolution be adopted.

3. Resolution No. 1771

A letter to all Southeast Alaska Mayors, a (copy is included in your packet) was received requesting that Juneau support the efforts of the Alaska Trollers Association's efforts to encourage the National Marine Fisheries Service to modify the proposed Snake River Salmon Recovery Plan. This modification request is aimed at correcting the factors primarily responsible for the decline in the Snake River fall Chinook salmon and to develop a plan that will provide genuine solutions for their recovery.

The Assembly Lands Committee, at its June 14 meeting, recommended that this resolution be forwarded to the Assembly for adoption.

I recommend that this resolution be adopted.

C. Transfer Requests:

1. Transfer No. T-567

This transfer will move $100,000 on 1989 and 1991 School Facility bonds into specific school district projects as listed below. The ordinances, statutes and covenants associated with the bond issue require that interest earned on unexpended bond proceeds be for related school construction projects. The transfer being proposed will be consistent with DOE requirements to maintain the same level of reimbursement for the underlying school facility bonds.

After this transfer is approved, the balance in the project will be: $256,085.

Gastineau Gym Addition: $50,000

These funds are for removal and replacement of the Gastineau Gym floor. The gym floor was repaired under the original project, but the floor covering that was used has failed. The old covering will be removed and replaced with a new covering. This work needs to be completed before school begins in the fall. After the gym floor component is finished, this project can be closed.

After this transfer is approved, the balance in this project will be $43,834.

Gastineau School Renovation: $50,000

This project will convert the existing multipurpose room to a library, class room and work room, install a storm drain between the covered playground and the existing building, install bleachers and a divider curtain in the gymnasium, improve the acoustical characteristics in the gymnasium and expand parking at the school. The bid for this project was awarded on June 5, 1995. These additional funds are for administration and contingency on the project.

After this transfer is approved, the balance in this project will be$ $165,132.

I recommend that this transfer be approved.

2. Transfer No. T-568

A 1994 State grant was directed to the CBJ Health & Social Services Department to design a new Mental Health facility. Since this appropriation, concerns about the lack of construction funding for a new facility have directed staff to consider renovating the current Salmon Creek Office Building in lieu of a new facility. Having received permission from the grant agency to re-direct these monies, this recommendation is to transfer all project funds, $200,000, into an existing CIP, "H&SS Essential Building Repairs" and proceed under a single project fund with work identified in the August, 1994 Building Condition Report.

After this transfer is approved, the balance in the New Health & Social Services Building Planning & Design project will be zero; the balance in the Health & Social Services Building Maintenance & Repair project will be $259,893.

I recommend that this transfer be approved.

D. Bid Award:

1. Contract No. E95-166: Mendenhall Belt Filter Press

Bids were opened on the subject project on December 20, 1994 with the low bidder being Criterion General, Inc. A bid protest was filed by Alaska Mechanical, Inc. (AMI) stating that Criterion General, Inc. was non-responsive to bid requirements due to a lack of good faith effort to meet the DBE goals set for this project. AMI, second low bidder, did meet the DBE goal requirements. Protest procedures were executed in accordance with CBJ Ordinance 53.50.062. Resolution of the protest occurred June 6, 1995 with AMI's protest being upheld.

Bid results are as follows:

RESPONSIVE BASE BID ADD. ALT.1 TOTAL

Alaska Mechanical, Inc. $537,000 $25,000 $562,000

Assoc. Professional Enterprises $586,985 $23,745 $610,730

Arete Construction Corporation $625,000 $32,000 $657,000

Engineer's Estimate $575,000 $25,000 $600,000

The Base Bid for this project consists of removal of an existing metal building; installation of an owner-supplied belt filter press; demolition of existing piping, pumps and polymer system; installation of new pumps; a new polymer system and new piping and erection of a new pre-insulated metal panel building. Additive Alternate No. 1 consists of site work and asphalt concrete paving.

I recommend award of this project to Alaska Mechanical, Inc. in the amount bid for the Base Bid and the Additive Alternate No. 1, for a total award of $562,000.

E. Certificate of Public Convenience and Necessity:

1. For-Hire Vehicles:

a) Juneau People Transport Company dba Juneau Photo Tours

Brian & Janet Lopez, dba Juneau Photo Tours, has applied for a Certificate of Public Convenience and Necessity Permit to operate a Sightseeing service with one authorized vehicle within the City and Borough of Juneau.

For an application for the certificate of public convenience and necessity, the Assembly, after holding a public hearing, must find that the applicant is "fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the manager or the manager's designee..." In making the findings, according to CBJ 20.40.050(b), "the assembly shall take into consideration the character, experience and responsibility of the applicant, and the public health, safety and welfare."

I recommend that the application for Public Convenience and Necessity be approved as indicated.

b) Alaska Taxi and Tours

Gary Allen, dba Alaska Taxi & Tours, has applied for a Certificate of Public Convenience and Necessity Permit to operate a Taxi Cab service with twelve authorized vehicles within the City and Borough of Juneau.

For an application for the certificate of public convenience and necessity, the Assembly, after holding a public hearing, must find that the applicant is "fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the manager or the manager's designee..." In making the findings, according to CBJ 20.40.050(b), "the assembly shall take into consideration the character, experience and responsibility of the applicant, and the public health, safety and welfare."

I recommend that the application for Public Convenience and Necessity be approved as indicated.

ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 95-18

This ordinance repeals sections of Ordinance No. 94-41 as necessary to change the method for selling the student-built house in Hurlock Subdivision. Ordinance No. 94-41, adopted on November 21, 1994, authorized disposal of the house through competitive bid. This ordinance allows for the house to be marketed by local realtors with a minimum selling price set at fair market value, as established by the City Assessor.

The proceeds of the sale are intended to be directed back into the high school home building program; therefore, the high school is eager to sell the house at the best price it can obtain. Local realtors have offered to donate their services to market the house. They argue, and staff agrees, that marketing the house through multiple listing services by a realtor will likely garner a better selling price than the less familiar competitive bid sale. Last year, during a tight housing market, the city received only one bid for the earlier student-built house when it offered the house by sealed competitive bid. It appears the competitive bid process may be better suited to undeveloped property than houses.

I recommend that this ordinance be adopted.

2. Ordinance No. 95-19

This ordinance allows an exemption from the requirement that property situated within 200 feet of a CBJ sewer main connect to it. As proposed, the manager is required to waive the connection requirement for property on the DOWNHILL side of a sewer main (property required to install a pump station)under certain conditions:

- the property is served by an on-site treatment facility certified by a health official or civil engineer to be in good working order; and

- the owner agrees to maintain the system in good working order.

The manager may revoke the waiver after notice, a hearing, and upon finding that the treatment system constitutes a public hazard.

The purpose of the requirement to connect to a sewer line within 90 days of its construction is to promote public health. Higher density development is authorized where sewer service is provided.

This waiver allows certain property owners (those on the downhill side of a sewer main) an exemption not allowed to other property owners. The waiver provides benefits for some owners based solely on the topography and circumstance of property, not on the underlying public health issues that formed the basis for the requirement. The effect of this waiver on adjacent development and property values will vary with topography, locale, and geologic conditions.

Should the Assembly be disposed to approve the ordinance, the CBJ Engineering Department has proposed technical changes to the ordinance to improve administration and application of the waiver.

I recommend that this ordinance be referred to the Public Works and Facilities Committee for further deliberation.

3. Ordinance No. 94-17 (AY)

This request appropriates to the manager the sum of $4,700 for a public library staff work exchange. The project will be administered by the Juneau Public Library on behalf of the Alaska Library Association. The funds will be provided by the Alaska Department of Education.

I recommend that this ordinance be adopted.

4. Ordinance No. 94-17 (AZ)

This request is to appropriate $8,500 from the Fire Training Center fund balance to the Fire Training Center operating budget for the purpose of teaching fire suppression classes to P&O Cruise Line personnel. The amount budgeted for FY95 was insufficient due to the large amount of work done at the center during the year in conjunction with the major renovation. Funds have already been deposited with the CBJ from P&O Cruise Lines for these classes.

I recommend that this ordinance be adopted.

5. Ordinance No. 94-17 (BA)

The Federal Aviation Administration requested extra construction work on the Taku Room and office space for the Flight Standards District Office, and agreed to reimburse the CBJ for the work. This ordinance appropriates the $1,700 from the FAA for the additional work.

I recommend that this ordinance be adopted.

UNFINISHED BUSINESS:

1. Ordinance No. 95-13

Mad-Tiff Development, owned by Gertrude Martin and Donald Madsen, desires to construct a four-story plus basement, 66 unit hotel/residence building on West Ninth Street, on property which is located in the Waterfront Commercial Zone. The maximum height for the Waterfront Commercial Zone ("WC") is 35 feet. The project desired by Mad-Tiff Development has a statutory height that is approximately 9 feet 4 inches taller than would be allowed under 49.25.400.

On March 28, 1995, the Planning Commission denied Mad-Tiff's application for a variance to the maximum height allowed in a Waterfront Commercial District.

The Advisory Committee on Housing, after review and deliberation of the ordinance, recommended denial of the ordinance on a vote of 2 in favor and 4 against. The Committee generally felt that the public should be able to rely on the consistency of land use regulations and that there was no compelling rationale to waive the restrictions, since 51 units will be built without the ordinance, according to the developer.

The Assembly Lands Committee, at its May 30 meeting, recommended by a vote of 4 to 1, that this ordinance be reintroduced for consideration by the full Assembly. At its June 5 regular meeting, the Assembly deferred this ordinance, to be re-introduced at tonight's meeting.

At the request of the Lands Committee, I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

NEW BUSINESS:

1. Columbia Emeralds Appeal of Design Review Board Decision

At its regular meeting on May 15, 1995, the Design Review Board considered a request by Columbian Emeralds International for modification of HR-06-95, an earlier decision by the Board regarding the building facade at 210 Ferry Way. The Board granted partial modification, but, among other requirements, directed that certain siding be removed and that a canvas awning not be installed. On May 31, Columbian Emeralds International, through its representative Jennifer Horvath, appealed the Design Review Board's decision to the Assembly. The notice of appeal seeks relief with respect to the siding and awning requirements.

The notice of appeal, the notice of decision by the Design Review Board, the staff report to the Design Review Board, and the minutes of the May 15 Board meeting 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.

(l) 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.

Columbian Emeralds International, the Community Development Department, and the Design Review Board have been advised that this matter is before the Assembly. The Department and the Design Review Board have no objection to acceptance of the appeal.

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.

ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

B. Manager's Report - Information Item:

1. Report on the History of the Bus Barn Site

The Federal Aviation Administration (FAA) gave the "Bus Barn Site" to the City in 1953 with the restriction that the land be used for support of airport purposes. In the 1960s it was obvious that the site was not practical for direct airport use so the site was used for a greenbelt "park" and the old bus maintenance buildings were torn down and debris, including old WWII radio towers, cleaned up.

In May 1972, the Alaska Housing Development Corporation proposed converting the 4.6 acre park site into a low-income housing complex. A five-month controversy ensued and in August the Planning Commission voted (twice) to dedicate the site as a park. A petition with over 400 signatures was presented to the Planning Commission that supported retaining the area as a park.

In June 1972 the Planning Commission directed staff to begin the process of changing the designation of the Bus Barn Site to a Parks & Recreation designation.

In 1988 the Planning Commission and Assembly designated the site for park use in the Comp Plan to replace the ball fields displaced by construction of the FAA building.

The FAA has signed a release of conditions for this property.

C. Attorney's Report:

1. Mt. Juneau Trams et al v. CBJ

(note: the Assembly may enter into Executive Session for this item)

DRP:dmh


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