AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, December 13, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-36

Submitted by: _____________________________

David R. Palmer

City & Borough Manager

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

1. 10/04/99-Regular Meeting No. 99-31
2. 10/11/99-Regular Meeting No. 99-32

3. 10/28/99-Regular Meeting No. 99-33

SPECIAL ORDER OF BUSINESS

    1. JEDC’s Business Excellence Award
    2. City & Borough Attorney Annual Evaluation

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

  1. MANAGER’S REPORT 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

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 for Introduction
    1. Ordinance No. 99-34

An Ordinance Amending the Land Use Code to Adopt a Map

Specifying Remote Subdivision Areas, and to Establish Standards for Plat Submittals, Rights of Way, and Community Water Systems in Such Areas. Presented by the Manager.
This ordinance authorizes relaxed construction standards and application procedures for subdivisions located outside the roaded area. The decision whether to authorize the relaxation is made by staff for smaller developments and by the Planning Commission for larger developments. In either case, the rationale focuses on the idea that there is little point in designing outlying subdivisions for connection to public improvements that will never reach them.

The Planning Commission on November 9, 1999 reviewed this ordinance. The Commission recommends that the Assembly approve Ordinance 99-34.

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

    1. Resolutions
    1. Resolution No. 2007
    2. A Resolution Adopting an Alternative Allocation Method for the Fiscal Year 2000 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Northern Southeast Fisheries Management Area. Presented by the Manager.

      This resolution will authorize the acceptance of the FY 2000 State Shared Fisheries Business Tax Program. This distribution represents the sharing of state fishery revenues generated in the Northern Southeast Fisheries Management Area, but outside of the organized communities. CBJ should receive approximately $16,000 in FY 2000 from this program.

      Angoon, Haines, Haines Borough, Hoonah, Pelican, Skagway, and Tenakee are within our fisheries management area. According to the State Department of Community & Economic Development, all agree to an allocation this resolution confirms Juneau’s agreement with the other communities calls for 50% of the state shared funding to be distributed on a per capita basis and for 50% to be shared equally among the communities.

      I recommend that this resolution be adopted.

    3. Resolution No. 2008
    4. A Resolution Authorizing the Manager to Submit to the State of Alaska an Application for a Federal Grant to Develop a Historic Preservation Website as part of the Capital City Home Page. Presented by the Manager.

      A resolution authorizing the manager to submit to the State of Alaska an application for a federal grant to complete the development of the Historic Preservation Website.

      The Juneau Historic Preservation site went online officially on October 28, 1999 (www.juneau.lib.ak.us/history/). This project will allow the addition of photographs, information and an interactive feature to the website that will enable users to submit information about Juneau’s history.

      The federal grant will be $1650 cash for the following: $900 for CDD staff time, $300 for a scanner, and $200 for software. CBJ’s match in-kind services will amount to $1100, which represents Library and Community Development Department staff time (20 hours) and to purchase a scanner and software for the project. The project will start in January 2000 and be completed no later than March 31, 2001.

      I recommend that this resolution be adopted.

    5. Resolution No. 2009

A Resolution Authorizing the Manager to Submit to the State of Alaska an Application for a Federal Grant for the Casey-Shattuck Neighborhood Historic Buildings Survey. Presented by the Manager.

The proposed project is to conduct a survey of historic buildings in the Casey-Shattuck neighborhood. The proposed project will document the neighborhood’s development, identify historic resources, and survey the current condition of historic properties in the neighborhood.

The Casey-Shattuck neighborhood is the largest historic neighborhood in Juneau which has not been surveyed. Property owners will receive valuable information about the age, architectural style, history, and builders of their homes. Certain tax incentives may be available to historic properties which are documented through this survey. Past reports of historic building surveys for Juneau Townsite, Douglas Townsite, Chicken Ridge, Treadwell, and historic cemeteries are popular and have sold out quickly.

This is another federally funded matching grant ($7260 Federal, $4840 CBJ).

Volunteer time would provide the entire match for the grant, with volunteers providing the research, field survey and photographic services. Grant funds would be used to purchase photo materials, processing services, postage, and pay for CDD staff time (grant administration and final report preparation - 120 hours).

I recommend that this resolution be adopted.

    1. Liquor Licenses
    2. Alaskan Hotel Liquor License Renewal

      The Finance, Police, Fire, and Community Development Departments have reviewed the renewal application. The Human Resources Committee will meet on Monday, December 6, 1999, 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 application as listed above.

      I recommend the Assembly adopt the Human Resources Committee

      recommendation from its December 6 meeting regarding its right to protest the license as reported.

    3. Bid Award:
    1. Contract No. E00-203 Juneau International Airport Canopy Replacement:

The bid was opened on November 22, 1999. The bid protest period expired on November 23, 1999, at 4:30. Results of the bid opening are as follows:

RESPONSIVE

TOTAL BID

CHANNEL CONSTRUCTION, INC.

$182,500.00

J. E. Carver Construction

211,968.00

Trucano Construction, Inc.

218,950.00

North Pacific Steel Erectors, Inc.

219,900.00

Architect's Estimate

$195,000.00

This project consists of demolition of the existing wood canopy in front of the North Terminal Building and construction of a new steel canopy to match the structure in front of the main Terminal at the Juneau International Airport.

Funding Source is a FAA grant and the total project funds: $278,900.

I recommend award of this project to Channel Construction, Inc. in the amount of $182,500.00.

  1. ORDINANCES FOR PUBLIC HEARING
    1. Ordinance No. 99-33
      An Ordinance Amending the Purchasing Code to Provide for the Debarment of Vendors. Presented by the Manager.
    2. Administrative or Staff Report

      This ordinance provides authority to the city manager to bar city bid awards for goods or services to contractors for up to three years. The penalty could be invoked for certain criminal convictions, contract violations, unsatisfactory performance, or pending bankruptcy.

      This ordinance is modeled after the state debarment statute, AS 36.30.365. It provides a procedure for disqualifying problem contractors from CBJ bids and Requests for Proposals. A hearing process is available in case the contractor disagrees with a proposed debarment.

      This ordinance was prepared at the request of the Assembly and has been reviewed and recommended by the Public Works and Facilities Committee at its October 6, 1999 meeting.

      I recommend that this ordinance be adopted.

      Public Hearing

      Assembly Action

    3. Ordinance No. 99-36

An Ordinance Electing to Impose a Motor Vehicle Registration Tax. Presented by the Manager.

Administrative or Staff Report

This ordinance imposes a motor vehicle registration tax that is added to the motor vehicle registration tax charged by the State of Alaska. The imposition of a $10.00 charge is estimated to raise $245,000.

CBJ presently collects a personal property tax on certain commercial vehicles. This ordinance would repeal the existing personal property tax and replace it with a new registration tax for commercial motor vehicles. In all scenarios presented, the fee for commercial vehicles is intended only to replace the existing tax, not generate new revenues from vehicles now taxed as personal property.

At its meeting of November 22, the Finance Committee recommended a flat $10.00 tax for passenger vehicles and non-commercial trucks. This amount would fund the disposal costs for all cars to be junked. The program would operate like the hazardous waste program. In that program, CBJ hires a contractor to collect and dispose of hazardous waste. A $4 monthly charge on utility bills funds the program. The proposed $10/year fee on motor vehicle registration can be viewed as an 83¢/month fee to dispose of vehicles just as we fund hazardous waste disposal.

Timing is of the essence. This ordinance must be adopted by the end of December to meet notice requirements for the Alaska Department of Motor Vehicles (DMV). The DMV imposes these fees once every two years. The first revenue from an ordinance adopted by the end of December would be seen in January 2001. Changes to the fees can occur only on the two-year cycle. For that reason, it is impractical to incrementally increase the fees in cycles shorter than two years.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
    1. Proposed Decision: Scott, et al. v. Planning Commission -- Appeal of Application by State of Alaska Department of Transportation and Public Facilities for Project Approval of Reconstruction and Extension of Haloff Way

At its hearing of the Haloff Way appeal on August 23 the Assembly decided against granting the appeal and directed that the Community Development Department as prevailing party should draft a decision.

The decision has been drafted and circulated to the parties for comments which were due no later than November 29. No comments were received.

No further hearing need be granted to the parties. The decision is now before the Assembly for adoption pursuant to CBJ 01.50.140(b)(4).

The assembly may accept, reject, or modify the draft decision. Modifications may be accomplished informally. The appropriate motion to accept the decision would be:

I move to adopt the draft decision prepared by the Appellant in appeal No.
CSP99-00002.

As this is the quasi-judicial action of the Assembly, I have no recommendation.

    1. Proposed Decision: Last Chance Co-op Multiple Charities Association Co-op, and Alaska Native Brotherhood Camp 2, Inc. v. Sales Tax

The City Attorney recommends a motion to accept the proposed decision of the hearing officer in Multiple Charities v. Sales Tax Board of Appeals. See Mr. Corso’s memorandum included in your packet.

As this is the quasi-judicial action of the Assembly, I have no recommendation.

  1. NEW BUSINESS
    1. Hurlock v. Planning Commission: Appeal of Setback Variance for Shed
      (VAR99-00041)

At its regular meeting on October 26, 1999, the Planning Commission granted approval of a setback variance for a shed at 8816 Sasha Avenue. On November 24, 1999, Larry Hurlock appealed the Commission's decision to the Assembly.

The Notice of Appeal and the Notice of Decision on VAR99-00041 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.

Larry Hurlock, Guo Hua Xia, 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.

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.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

  1. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS
    1. Manager’s Report – Action Items
    2. Manager’s Report – Information Items
    3. 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. Human Resources Committee
  1. Bartlett Regional Hospital Board of Directors
  2. Personnel Board
  3. Sales Tax Board of Appeals
  4. Tourism Advisory Committee
    1. Lands and Resources Committee
    2. Public Works and Facilities Committee
    1. Board Liaison Reports
  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).
  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: Marian_Miller@mail.ci.juneau.ak.us