AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, November 16, 1998 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 98-36

 

Submitted by: _____________________________

David R. Palmer

City & Borough Manger


  1. FLAG SALUTE
  2. INVOCATION
  3. ROLL CALL
  4. APPROVAL OF MINUTES

     SPECIAL ORDER OF BUSINESS

  5. MANAGER’S REPORT FOR AGENDA CHANGES
  6. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).
  7. CONSENT AGENDA

The Consent Agenda includes routine items of business, which may not require separate discussion. When the Mayor calls for public comment on the Consent Agenda, you may raise your hand and the Mayor will recognize you asking which item(s) you wish to have removed from the Consent Agenda for separate discussion and action. Following the removal of any item from the Consent Agenda, the Assembly votes on the remaining items in one motion. (Ordinances for introduction generally may not be removed from the Consent Agenda.)

All items that are removed from the Consent Agenda will follow the format of: Administrative or Committee Report, Public Hearing/Participation and Assembly Action.

    1. Ordinances:
      1. Ordinance No. 98-37
      2. An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of Approximately 5 Acres in Tract A, Golden Heights Subdivision. Presented by the Manager.

        This ordinance would provide a rezone of approximately five acres from D-5 to D-15 in Tract A, Golden Heights Subdivision near the Fred Meyer store. The rezoned portion on the east side of Tract A would then match the D-15 zoning of the remainder of Tract A. The landowner, IHH Development, Inc., requested the rezone and indicates it will facilitate overall development of multifamily housing (along with other potential uses such as a church and recreational facility) on the entire 31.28-acre tract.

        The Planning Commission recommends the rezone, with two conditions intended to ensure compatibility with single family homes in the D-5 zoning district to the east along Glacier Highway. Both conditions – a natural buffer between multifamily housing and the east lot line of Tract A, and a cap on the number of dwelling units allowed on the rezoned portion – also reflect the steepest of the east side terrain above the proposed access and the amount of multifamily housing the developer considers feasible on this portion of the entire Tract A.

        The proposed rezone furthers policies and guidelines of the 1996 CBJ Comprehensive Plan by facilitating multifamily residential development in an appropriate, central location. The rezone also conforms to the CBJ Land Management Plan, which led to the disposal of the larger portion of Tract A with the objective of fostering multifamily residential development.

        Minutes from the October 27th Planning Commission meeting are included in your packet.

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

      3. Ordinance No. 98-17 (R)
      4. An Ordinance Appropriating to the Manager the Sum of $55,000 to Develop a Campground Near Thane Road. Such Funds Provided by Low Income Housing Fund Unreserved Fund Balance. Presented by the Manager.

        This ordinance appropriates $55,000 from the Low Income Housing Fund unreserved fund balance for development of the Thane Road Campground. The funds will be used to provide a grant to the Southeast Alaska Guidance Association (SAGA) for development of campsites as well as the campground. A target group for the campground is persons who have traditionally camped on public and private land near downtown. This funding will allow for the installation of 25 individual camp sites. The project will be subject to a conditional use permit.

        The campground will be located on property owned by AJT Mining Properties, Inc. near the Juneau Douglas Treatment Plant. The site would be made available to the City for a price of one dollar per year for five years, with an option of an additional five year lease.

        Once developed, the campground would be operated during the summer season by St. Vincent de Paul, at no cost to the City. St. Vincent de Paul would be responsible for fee collection, maintenance and campground operation.

        The lease and the operational agreement have been prepared in draft form and are ready for execution.

        The Housing and Lands Committees have each reviewed the proposed Thane Road campground project and recommended that it be considered for approval by the Assembly.

        After this ordinance is adopted, the unreserved balance in the Low Income Housing Fund will be $668,527.

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

      5. Ordinance No. 98-17 (S)
      6. An Ordinance Appropriating to the Manager the Sum of $104,048 to Purchase Two New Paratransit Vans for the Care-A-Van Service. Such Funds Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

        This ordinance appropriates a grant from the Alaska Department of Transportation and Public Facilities to purchase two new paratransit vans for the Care-A-Van service. These vans will replace two vehicles presently operated by Care-A-Van. The old vans will be surplused. A copy of the grant agreement is included in your packet.

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

      7. Ordinance No. 98-17 (T)

An Ordinance Appropriating to the Manager the Sum of $500,000 for Design of Improvements to the Steamship Wharf and Marine Park. Such Funds Provided by Port Fund Unreserved Fund Balance. Presented by the Manager.

This ordinance appropriates $500,000 from the Port Fund Unreserved Fund Balance for the design of improvements to the Steamship Wharf and Marine Park. The scope of the project includes design for performing a condition survey of the wharf and a geotechnical survey of the sediments immediately beneath the wharf; a geotechnical study of the soils beneath the footprint of the existing Marine Park area; and designing improvements to the wharf/park area. These improvements would include lowering the deck level of the Steamship Wharf to a height consistent with the Cold Storage and Ferry Dock Wharves; rehabilitating or replacing piling, wharf decking and supports; deckover the void between the existing wharf and Marine Park, and enhancing pedestrian access to and from the wharf; stabilizing the soils beneath Marine Park; redesigning Marine Park at "no net loss" of park area and including expanded and enhanced traffic flow including additional motorcoach staging and year round parking for private autos (example: 12-14 autos during the summer season and 40-60 during the non-cruiseship season); and, construction of public restrooms and other amenities as practical.

Estimated total cost for the project is between $4.5M and 6M. Funding for the project would most likely come from the issuance of revenue bonds. The debt service on the revenue bonds would be paid from the port fee revenues. The port dues rate may have to be adjusted, depending on the bond debt service.

A memorandum from the Port Director is attached to the ordinance providing additional information. The project was approved by the Harbor Board on August 27, 1998, and by the Public Works and Facilities Committee on October 7, 1998.

After the ordinance is adopted, the Port Fund Unreserved Fund Balance will be $795,000.

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

    1. Resolutions:
      1. Resolution No. 1964
      2. A Resolution in Support of Efforts by the Alaska Lighthouse Association to Restore Point Retreat Lighthouse Station. Presented by the Manager.

        This resolution expresses Assembly support for community efforts to renovate and preserve the Point Retreat Lighthouse Station. No financial commitment is involved.

        I recommend that this resolution be adopted.

      3. Resolution No. 1965

A Resolution Adopting the Determination of Population of the Municipality as of July 1, 1998. Presented by the Manager.

The Department of Community and Regional Affairs is charged with determining the population of each municipality. DCRA’s population determination for the City and Borough of Juneau is currently 30,236. However, if we do not agree with DCRA’s population figure, we can make a request for an adjustment if supported by an approved method for estimating population.

The Department of Community Development has completed a population estimate using a method approved by DCRA. Based upon this report, a copy of which is in your packet, the 1998 population estimate for the City and Borough of Juneau is 30,684. This is the population figure in the resolution and it will be submitted to DCRA to be used for the FY2000 state revenue sharing and municipal assistance programs.

I recommend that this resolution be adopted and submitted to the Alaska Department of Community and Regional Affairs.

  1. ORDINANCES FOR PUBLIC HEARING
      1. Ordinance No. 98-19
      2. An Ordinance Amending the Land Use Code to Bring the Text into Conformance with the Table of Dimensional Standards and to Remove Obsolete References to the "D-7" Zoning District. Presented by the Manager.

        Administrative or Staff Report

        This is a housekeeping ordinance to update the text of the land use code with changes previously made to the table of permissible uses. At its October 13, 1998 meeting, the Planning Commission recommended approval of this amendment.

        I recommend that this ordinance be adopted.

        Public Hearing

        Assembly Action

      3. Ordinance No. 98-20
      4. An Ordinance Amending Tables in the Land Use Code to Remove Obsolete References to Zoning Districts. Presented by the Manager.

        Administrative or Staff Report

        This is a housekeeping ordinance that removes references to the Waterfront Commercial/Industrial (WCI), Waterfront Commercial/ Residential, (WCR), and Waterfront Commercial/Office (WCO) zones in the Table of Dimensional Standards and the Table of Vegetative Cover. WCI has been renamed to Waterfront Industrial (WI) and the other two zones no longer exist.

        The code revision project presently underway will propose a "revisor of ordinances" section authorizing the city attorney to make corrections such as this via an informal report to the Assembly rather than through formal legislative action.

        At its October 13, 1998 meeting, the Planning Commission recommended approval of these amendments.

        I recommend that this ordinance be adopted.

        Public Hearing

        Assembly Action

      5. Ordinance No. 98-35

An Ordinance Amending the Purchasing Code to Allow Negotiated Purchases of Services from Government Agencies, Schools, and Nonprofit Corporations. Presented by the Manager.

Administrative or Staff Report

This ordinance implements the recent Charter amendment allowing negotiated purchases of services from certain vendors. The ordinance takes a conservative approach by including a requirement for manager review of all such contracts. This will allow centralized monitoring of this new contracting technique.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

  1. Ordinance No. 98-36

An Ordinance Amending the Sales Tax Code to Provide for Collection of a Temporary One Percent Areawide Sales Tax on the Sale Price of Retail Sales, Rentals, and Services Performed Within the City and Borough of Juneau, the Proceeds of Which are to be Allocated for Improvements and Repairs to a Variety of Park, Harbor, and Eaglecrest Facilities. Presented by the Manager.

Administrative or Staff Report

This ordinance will change the code to implement the provisions of the 1% temporary sales tax levy approved by the voters on October 6. The code change is to add the 1% sales tax rate increase for the period January 1, 1999 through December 31, 2000. The ordinance will make no other changes to the Sales Tax code. This ordinance change will be automatically repealed on January 1, 2001.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
  2. NEW BUSINESS
    1. Last Chance Co-op, Multiple Charities Association Co-op and Alaska Native Brotherhood Camp 2, Inc.’s Appeal of the Sales Tax Board of Appeals’ Decision Regarding Taxation of Pull-Tab Games.

At its meeting on March 31, 1998, the Sales Tax Board of Appeals heard Last Chance Co-op, Multiple Charities Association Co-op and Alaska Native Brotherhood Camp 2, Inc.’s appeal of whether the temporary sales tax rate increase of 1% should be applied to pull tab operators and whether the tax should be levied on the ideal net rather than the selling price. The Sales Tax Board of Appeals issued its decision on June 1st, however the decision was not distributed to the parties until October 12th. On November 2nd, John Rice, on behalf of the appellants, appealed the Board’s decision to the Assembly.

The Notice of Appeal and the Notice of Decision 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.

John Rice, attorney for appellants, the Sales Tax Office and the Sales Tax Board of Appeals have been advised that this matter is before the Assembly. In general, the Department and the Board, 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 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.

    1. Steve Landvik’s Appeal of the Planning Commission’s Denial of an Allowable Use Permit to Construct a 12-Unit Apartment Building with Associated Parking (USE 98-00045).

At its regular meeting on September 22, 1998, the Planning Commission denied approval of an allowable use permit for construction of a 12-unit apartment building with associated parking and additional parking spaces for retail/residential buildings not located on the site. On November 2, 1998, Steve Landvik appealed the Commission’s decision to the Assembly.

The Notice of Appeal and the Notice of Decision on USE 98-00045 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.

Steve Landvik, 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 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.

3. Gastineau Humane Society: Request for Funding for Evaluation/Consultation for the Animal Shelter Building

Gastineau Humane Society (GHS) is under contract by the Juneau Police Department to enforce the CBJ’s Animal Control ordinance. As such, the city has worked closely with GHS over the years.

GHS Director Linda Blefgen met with city staff last week to discuss the need for a building evaluation to establish a long range plan to maintain and upgrade the animal shelter. A survey was done on the building by CBJ Engineering in October, 1997 (copy included in your packet) in response to Ms. Blefgen’s concerns about the building.

GHS is seeking funding in the amount of $12,000 to cover expenses to hire a consultant to provide the necessary consultation and prepare a preliminary plan. The CBJ loaned part of the money for the construction of this building; the CBJ loan was forgiven last year. As a possible funding source, there is $20,000 in the fund set aside for televising assembly meetings.

I recommend that this item be scheduled for the next Finance Committee meeting.

ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report – Action Items:
    2. Manager’s Report – Information Items:

1. Merchant Associations Request for Forgiveness and Exemptions

The Nugget Mall Merchants Association, Inc. (NMMA) has requested that the CBJ Assembly consider granting forgiveness of the uncollected sales tax levied on "membership dues" paid by its tenants for the period October 1, 1991 through December 31, 1997. Staff was directed to determine if forgiveness is warranted under CBJ 69.05.105.

Our evaluation has indicated that some of the merchant association transactions should be exempted, but not all.

It is appropriate to exempt the transactions between the merchant associations and the individual merchant association members. These transactions generally include dues that are used to acquire advertising and other merchant association member services. These transactions can be viewed as the merchants grouping their purchasing functions for the convenience of the members or third party service providers. Sales tax is collected and remitted for transactions between the third party service providers and the merchant associations.

An ordinance will be drafted that will modify existing exemptions to allow merchant-to-merchant association transactions to be exempt. In addition, we feel that these transactions are unique enough to allow the manager, with the consent of the assembly, to forgive the payment of uncollected sales taxes. Once we have modified the sales tax code, we will be requesting forgiveness for any transactions that occurred prior to the effective date of the code change.

Staff has determined that retail sales transactions conducted by the merchant associations are not appropriate for exemption. Merchant associations conduct retail transactions with third parties when a taxable event occurs. The most common type of transaction is the rental of common area space. Since there are a number of merchants in the borough collecting and remitting sales tax on commercial rentals, it would be inconsistent to exempt merchant associations for these transactions. In addition, since merchants are collecting and remitting sales tax on commercial rentals it would be inappropriate to forgive back sale taxes for these types of transactions.

Additional information is included in your packet.

This issue will be scheduled for the next Finance Committee meeting.

2. Leadership Training

3. Central Treasury Investment Report: Quarter Ending September 30, 1998

  1. Attorney’s Report:
  1. MAYOR’S REPORT ON NON-AGENDA ITEMS
    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS
    1. Committee Reports:
      1. Committee of the Whole
      2. Finance Committee
      3. Committee on Committees
      4. Human Resources Committee
      5. Lands and Resources Committee
      6. Public Works and Facilities Committee
      7. Assembly Strategic Policy Committee

B. Board Liaison Reports

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2.  

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).
  4. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audiotape containing the Assembly’s agenda is available for review at all CBJ Libraries each Friday prior to the Assembly’s Monday meeting.

ADA Accommodations Available Upon Request: Please telephone the Clerk’s Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present. The Clerk’s Office telephone number is 586-5278, TDD 586-5351.