Funding for the project is as follows:  

       

				FY97 Street Sales Tax	$427,000  

				Water Extension Fund	160,000  

				Sewer Extension Fund	0  

				LID Contribution	193,000  

              

				Estimated Project Cost:	$780,000  

       

The Public Works & Facilities Committee at its meeting of October 4, 1995, reviewed and recommended forwarding LID 81 to the Assembly.

Your packet includes the legal description for LID No. 81, a project map, a sample of the letter to be sent to the property owners in the proposed LID, a copy of the public notice, the proposed assessments, the results of an informal ballot answered by most property owners in the proposed LID, and a tentative schedule of events for LID No. 81.

I recommend that this ordinance be introduced and set for public hearing at the March 18, 1996, regular meeting.

Funding for the project is as follows:  

       

            	FY96 Alaska Administrative Grant    $600,000  

            	Remaining Goat Hill Sewer Funds	     122,000  

            	FY97 State grant or an ADEC Loan     580,000  

            	LID Contribution	             350,000  

              

            	Estimated Project Cost:	          $1,580,000  

An ADEC loan will be requested for the $580,000 should the FY97 State grant request not come through.

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 March 18, 1996. In the interim, notices will be published in the newspaper and sent to residents in the proposed LID so that they will have the opportunity to make their views known to the Assembly. The Public Works & Facilities Committee at its meeting of December 13, 1995, reviewed and recommended forwarding LID 82 to the Assembly.

Your packet includes the legal description for LID No. 82, a project map, a sample of the letter to be sent to the property owners in the proposed LID, a copy of the public notice, the proposed assessments, the results of an informal ballot answered by most property owners in the LID, and a tentative schedule of events for LID No. 82.

I recommend that this ordinance be introduced and set for public hearing at the March 18, 1996, regular meeting.

This appropriation provides for the following expenditures and transfers previously approved by the Finance Committee. These figures reflect additional revenue from the permit auction held a few weeks ago.

Total revenue available above original  

			FY96 estimates already in the budget:	$36,400  

  

			Expenditures previously approved:  

			Weekend Park Ranger		       $  9,900  

			Restore FY94 reduction to flowers         5,000  

			Total expenditures			$14,900	  

  

			Transfer the FY96 source of funding for  

			flowers from hotel tax to permit fees	$10,000	  

	  

                        Total amount of appropriation:		$24,900  

  

			Amount to General Fund balance:	        $11,500  

  

Staff expects additional expenses in the FY97/98 budget, due to the increasing length of the tour season, so the amount of fees available to the General Fund will decrease next year.

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

. As this represents a policy decision by the Assembly, I have no recommendation.

As this represents a policy decision by the Assembly, I have no recommendation.

The CBJ is planning to purchase an additional three patrol cars from the State contract. Because the closing date for certain manufacturer incentives was November, 1995, the purchase price of these vehicles will be slightly higher. The CBJ will still experience a savings as this cost is still less than the CBJ paid for police cars in October, 1994 under the Lewis Chevrolet contract.

The CBJ intends to purchase three 1996 Ford Crown Victoria police cars at $21,023.50 each, for a total of $63,070.50.

I recommend that the modification request for three police cars to be purchased from the State contract, for a total cost of $63,070.50, be approved.

The Glacier Willoughby Reconstruction project has been delayed until at least FY97 as it is a joint State/CBJ project, and state funding is not available in FY96. It is planned that FY97 funds be used for this project. Meanwhile, there is sufficient funding in the project to pay for the on-going design work.

After the transfer is approved, status will be as follows:

Transferred from:

Project Number/      Total Project      Unobligated      Unobligated

Project Name         Funds Avail.       Funds Avail.     Budget

                     Prior to Transfer  After Transfer   After Transfer      Status

Z492-00/  

Unallocated A/W Street  

Projects Sales Tax	$117,100		$-0-		$-0-	on-going;  annual 

                                                                        CBJ Capital budget

                                                                        allocated from this

                                                                        project.  

R412-46/  

Glacier Willoughby  

Reconstruction		 524,916            170,016	     170,100 

	on hold  

   

  

Transferred to:  

  

D374-39/  

Lemon Creek Street   

Maintenance  

Warehouse		 847,472          1,319,472	   1,572,000	on-going  

  

  

I recommend that this transfer request be approved.

After this transfer is approved, status will be as follows:

Transferred from:

Project Number/      Total Project      Unobligated      Unobligated

Project Name         Funds Avail.       Funds Avail.     Budget

                     Prior to Transfer  After Transfer   After Transfer      Status

  

H02-91/  

Port Facility               

Improvements	     $1,682,386	          $552,386	  $5,361,000	  to be   

                                                                          closed once

                                                                          Port Bonds spent 

  

H354-62/  

Municipal Wharf   

Dredging and

Transfer Bridge  

Refurbishment		-0-		   675,000       675,000	    new project  

   

I recommend that this transfer be approved.

Naturopaths and acupuncturists provide alternative health care services compared to the traditional medical doctor. Naturopathic services are now reimbursed under city, state and federal insurance plans; acupuncture is reimbursed on a case-by- case basis. The financial impact of this exemption change is about $10,000 annually. In addition, this ordinance amends the code to more narrowly define the products that qualify for exemption. The current wording, which uses the term “goods”, allows non prescription medicine prescribed in writing by a doctor to be exempted. This ordinance substitutes the term “prescription drugs”, which means that only prescription medication administered by a registered pharmacist will be included in the exemption.

This ordinance will have impacts as indicated in the Economic Impact Note included in your packet.

I recommend that this ordinance be adopted.

At the November 7, 1995 Energy Advisory Committee meeting, it was unanimously recommended that the refund be transferred by the Assembly to the Energy Efficiency CIP fund (374-30). This ordinance will have impacts as indicated in the Economic Impact Note included in your packet.

I recommend that this ordinance be adopted.

Ordinance No. 95-11 (W) appropriated $170,000 for the acquisition of the two lots needed to be purchased for the facility. The lots were purchased on December 29, 1995. As part of the transaction, the CBJ also received the right of first refusal to purchase two adjacent lots which could be used for expansion of other programs such as recycling. Further, Resolution No. 1767 allocated $300,000 in FY 1996 Street Sales Tax, and Transfer T-548 transferred $200,000 in FY 1994 Street Sales Tax, for this project.

The total cost of this project is $1,572,000. Of the $430,000 appropriated with this ordinance, $300,000 will come from the Waste Utility Fund, $65,000 from the sewer fund balance, and $65,000 from the water fund balance. Other sources of funds include the $170,000 already appropriated from the Lands Fund, and Transfer No. 588, in the amount of $472,000 from street projects is on the Consent Agenda at tonight’s meeting.

This project was unanimously approved at the Assembly Committee of the Whole meeting of January 17, 1996. It is anticipated that this project will go to bid in March with a completion date of October 1, 1996.

I recommend that this ordinance be adopted.

Under this loan program, 0% interest loans will be made to developers based on a maximum CBJ contribution of $15/ sq. ft.. Payments on the loans are deferred for the first 10 years and the loan would be paid off the following 10 years. The minimum size of a project is 8 units. At least 20 percent of the units in a project will have to be set aside for low income persons at reduced rents. Other units can be rented at market rents as determined by the developer. Developers will be required to contribute a minimum of 10% equity into the project except for non- profit housing organizations. Other details of the program guidelines are attached.

This program is anticipated to stimulate the development of approximately 40 to 50 units of multi-family rental housing depending on the size of the units. The additional rental housing is needed because vacancy rates still continue to be about 1 percent.

The source of funds for this appropriation is from the Housing Fund which is made up from payments of previous CBJ housing loan programs. The Housing Fund will have a zero balance after this appropriation.

After this ordinance is adopted, the fund balances will be as follows: Community Development Block Grant Fund - $2,460; the Lands Fund - $774,872; and, the Low Income Housing Fund - $2,980. This ordinance will have economic impacts as indicated by the Economic Impact Note included in your packet.

I recommend that this ordinance be adopted.

The Statement of Appeal, the Notice of Decision on the VR-51-95, the staff reports for both the original application for a variance at the Planning Commission meeting of November 14, 1995, and the reconsideration of application on January 9, 1996, with pertinent Commission meeting minutes, 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):

The Messerschmidts, the Community Development Department, and the Planning Commission have been advised that this matter is before the Assembly. In general, the Department and the Commission, have no objection to acceptance of the appeal, although they reserve the right to object to argument by the Appellant on some of the issues included in the notice of appeal.

The Law Department has not been significantly involved in this case, and we have been advised that neither the Appellant nor the Commission currently plan to be represented by counsel. Accordingly, the City Attorney is free to act as the Assembly's legal advisor.

The following procedural issues should be decided:

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:

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.

. At its January 10 meeting, the Finance Committee recommended that the Assembly consent to the Manager’s proposal to forgive the uncollected taxes, interest, and penalty for the acupuncturists and naturopaths in question, consistent with section 69.05.105.