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I. FLAG SALUTE

II. INVOCATION

III. ROLL CALL

IV. APPROVAL OF MINUTES

1. 07/21/97 - Regular Mtg. No. 97-24

SPECIAL ORDER OF BUSINESS

1. Government Finance Officers Association Award to CBJ

The City and Borough of Juneau has again received a Certificate of Achievement for Excellence in Financial Reporting, for its comprehensive annual financial report, for fiscal year ending June 30, 1996.

V. MANAGER'S REQUEST FOR AGENDA CHANGES

VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual.)

VII. 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.

A. Ordinance for Introduction:

1. Ordinance No. 97-17 (I)

An Ordinance Appropriating to the Manager the Sum of $30,000 to Upgrade the Local Area Network Room in the Flight Standards District Office at the Juneau Airport. Such Funds Provided by Payments from the Federal Aviation Administration. Presented by the Manager.

This ordinance appropriates $30,000 in payments from the Federal Aviation Administration (FAA) to upgrade the local area network room in the FAA Flight Standards District Office (FSDO) at the Juneau Airport.

The room in the airport terminal currently used for the FAA/ FSDO computer equipment is an insufficient size to accommodate the additional equipment necessitated by the recent FSDO expansion. Additionally, the room has inadequate cooling and ventilation, resulting in damage to existing equipment due to overheating. This project will fund expansion of the room and installation of air conditioning units to maintain the enlarged room at 65 degrees Fahrenheit or below.

Because the FAA/FSDO leases the office from the City and Borough of Juneau, the FAA requires the CBJ to be responsible for contracting changes to walls, heating, air conditioning, etc. Once the project is complete, the FAA will reimburse the City and Borough of Juneau for the cost of the project. A copy of the FAA Order for Supplies authorizing the project is attached for your review.

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

B. Resolutions:

1. Resolution No. 1882

A Resolution Supporting a Twenty Year Power Grid Plan for the Southeast Alaska Region. Presented by the Manager.

This resolution expresses Assembly support for development of a Southeast Alaska regional electrical intertie project. Ordinance No. 96-17 (BJ), adopted May 5, 1997 appropriated funds to Southeast Conference for this and two other projects as identified by Southeast Alaska Mayors.

I recommend that this resolution be adopted.

2. Resolution No. 1883

A Resolution Authorizing the Acceptance of a Grant From the State of Alaska Department of Environmental Conservation in an Amount Not to Exceed $250,000 for Preliminary Engineering and Design of the North Douglas Sewerage Project. Presented by the Manager.

This resolution authorizes the Manager to proceed with a grant agreement from the state for the North Douglas Sewerage project.

These funds are matched by a $250,000 appropriation of general sales tax revenue, approved by the Assembly as part of the FY98 budget. Further information on the project is provided in the manager's report for Ordinance No. 97-17 (D), scheduled for public hearing at tonight's meeting.

I recommend that this resolution be adopted.

3. Resolution No. 1884

A Resolution Requesting That the Alaska Department of Community and Regional Affairs Distribute Funds from the Safe Communities Fund to the City and Borough of Juneau. Presented by the Manager.

This resolution requests and accepts the funds from the new Safe Communities program. The FY98 funding under this program is estimated at $1.24 million or $70,000 more than the $1.17 million estimate used in preparing the FY98 budget. This new program replaces the Municipal Assistance program. The new program, which took effect on July 1, 1997, varies in two areas from the old Municipal Assistance program.

First, the new program places restrictions on expending funds. It requires that funding be expended in the following priority: Police protection and related public safety services; fire protection and emergency medical services; and then other services determined by the governing body to have the highest priority. However, the program does not require that municipalities fully fund services in a category with a higher ranking of priority before funding services in a category with a lower ranking of priority.

Second, the payment of the funding is approximately six months earlier in the fiscal year. This should result in an additional $35,000 to $40,000 in interest earnings in FY98.

It is not practical to revise the FY98 budget to shift funds around to target spending priorities. Community and Regional Affairs has indicated that in this transition year only, it will not be necessary to designate the spending. For FY98 these funds will be recognized as General Fund revenues. The General Fund budget includes funding for the Law Department (priority 1 item) and emergency medical services (priority 2 item). The Law Department provides for legal prosecution and domestic violence assistance, both of these services meet the criteria of priority one, police protection and related public safety services. For FY99 these funds will be fully applied to Roaded Service area #9 to help fund the cost of the Police Department operations.

I recommend that this resolution be adopted.

C. Transfer Request:

1. Transfer No. T-627: Transfers $25,000 from General Sales Tax (CIP Z499-00) to Hagevig Fire Training Center Classroom Modular Relocation (CIP F413-13)

This transfer request will move $25,000 of General and Sales Tax Revenue to a new capital improvement project to relocate the Hagevig Fire Training Center modular classroom.

The project will fund the relocation of the surplus modular classroom building from Auke Bay School to the Hagevig Fire Training Center, construct a foundation, and hook-up utilities. The work will be done by the Fire Department staff on force account, except for the moving and setting of the modular which will be done by a local contractor.

As a result of having the classroom modular at the Hagevig Fire Training Center, the Fire Department expects an annual $13,000 savings in classroom rent expenditures.

This work was described to the Public Works and Facilities Committee at their July 9th meeting at which time they directed staff to determine a suitable funding source and to forward the project to the Assembly as a fund transfer to create the CIP.

After this Transfer is approved, the funds available balances, budgets, and status for the projects will be as follows:

Transfer Status/     Unobligated         Unobligated       Total Project 

Project Number/      Funds Available     Funds Available   Budget 

Project Name         Prior to Transfer   After Transfer    After Transfer     Status 


Transferred from: 

Z499-00/ 

General Sales Tax    $126,726            $101,723         $101,723           on-going 

Transferred to: 

F413-13/ 

Hagevig Fire Training 

Center Modular 

Relocation            $ -0-              $ 25,000         $ 25,000         new project 

I recommend that this transfer be approved.

VIII. ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 97-13

An Ordinance Amending the 1995 Update to the Comprehensive Plan of the City and Borough of Juneau by Changing the Designation of Land in the Vicinity of the Village and the Former Chevron Tank Farm as Shown on Map 6A. Presented by the Manager.

Administrative or Staff Report

This ordinance amends the comprehensive plan to change the proposed land use classification for a small area near the former tank farm on Willoughby from General Commercial and Medium Density Residential to a special form of mixed use to be known as MU-1. The MU-1 designation will allow more development options, but will restrict building height and setbacks to maintain harmony with the current neighborhood.

This ordinance was first introduced on March 17th and referred to the Planning Commission, which considered it on May 13th and June 10th. At the June 10th meeting, a motion to recommend adoption failed on a vote of four in favor, with two opposed (five affirmative votes required to pass motion). Minutes, staff reports, and other material from both meetings are included in your packet.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

2. Ordinance No. 97-30

An Ordinance Amending the Sand and Gravel Chapter of the Land Use Code to Correct the Provision Establishing a Time Limit for the Filing of Permit Appeals. Presented by the Manager.

Administrative or Staff Report

This ordinance removes an ineffective procedural provision from the sand and gravel section of the land use code. The provision says that permit decisions may be appealed to the Assembly within 20 days of the date of the Planning Commission decision. This conflicts with the Charter, which says that all board and commission decisions must be appealed within 20 days of the date they were filed with the city clerk.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

3. Ordinance No. 97-31

An Ordinance Authorizing the Manager to Dispose of Lot 3, Block "A", Hurlock Subdivision at Not Less Than Fair Market Value by Negotiated Sale After Marketing at No Charge Through a Local Realtor or Realtors. Presented by the Manager.

Administrative or Staff Report

This ordinance will authorize the sale of the recently completed house, located at 8816 Sasha Avenue, built by the High School construction class. The lot was donated to the City and Borough by Roger and Mary Hurlock on November 5, 1995, similar to the other student built house sold in February, 1997.

A local Realtor has indicated that they will market the house at no cost; they have also suggested, however, that the CBJ offer a 1% to 2% seller's fee to expedite the selling process. While this fee is well under the market standard, it would entice more real estate agents to show the home to their potential buyers. This should also potentially result in a higher selling price. The minimum selling price has been set by the City Assessor at $180,000. Unfortunately, because the title of the ordinance was advertised as "no charge" marketing, the City Attorney advises that it is necessary to defeat this ordinance and reintroduce a new one with a new title.

I want to once again thank Roger and Mary Hurlock for their generosity in donating the lot and to Janie Bee Powell for donating her services in selling the house.

I recommend a No vote on this ordinance, with instructions to reintroduce it with a less restrictive title.

Public Hearing

Assembly Action

4. Ordinance No. 97-17 (C)

An Ordinance Appropriating to the Manager the Sum of $300,000 for a Low, Moderate, and Gap-income Housing Loan and Grant Program. Such Funds Provided by the Low Income Housing Fund. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $300,000 for the purpose of funding a housing assistance program for projects intended to encourage and facilitate the construction of new housing and rehabilitation of existing housing for low, moderate, and gap-income families. The programs to be implemented are identified in the Housing Situation Report - 1997.

The proposed assistance is primarily intended to facilitate housing projects sponsored by non-profit entities such as Housing First, St. Vincent de Paul, and others. For-profit entities or individuals would not be precluded from applying, however.

Those programs and proposed funding levels are as follows:

• Affordable housing program for low and moderate-income households. This program is intended to facilitate, encourage, and leverage financing for low and moderate-income housing. Funding level - $100,000.
• Affordable housing program for gap-income households (incomes up to 115% of median income). This program is intended to facilitate, encourage, and leverage the financing for moderate income housing. Funding level - $120,000.
• Special needs housing program for the purpose of providing emergency, transitional, and permanent housing for the homeless and other households with special needs. Funding level - $50,000.
• Housing rehabilitation loan and grant programs. These programs are intended to assist in the removal of health and safety hazards in homes of low and moderate-income households and to assist in preserving historically significant housing. Funding level - $30,000.

Both the Assembly Lands Committee, at its July 9 meeting, and the Housing Advisory Committee, at its June 25 meeting, (minutes included) concur that the study should be referred to the Assembly as amended, and that the four strategies listed above be implemented this fiscal year.

Once the funding is available, a notice of availability will be circulated and advertised in the Juneau area. There will be no call for projects through an RFP process. Rather, as the developer is preparing to establish project financing, the application will be reviewed by staff and the Housing Advisory Committee. The application will be reviewed for compliance with the program conditions; demonstrated control by the applicant of the land to be developed; all project financing in place; and a 10 percent equity participation in the project.

After this ordinance is adopted, the fund balance in the Low Income Housing Fund will be $324,430.00.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

5. Ordinance No. 97-17 (D)

An Ordinance Appropriating to the Manager the Sum of $250,000 for Preliminary Engineering and Design of the North Douglas Sewerage Project. Such Funds Provided by the Alaska Department of Environmental Conservation. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates a $250,000 grant from the Alaska Department of Environmental Conservation as partial funding for the engineering design and construction for the North Douglas sewerage project. FY98 Capital Improvement Project budget included match of $250,000 for this project. This appropriation will bring the total project budget to $500,000.

The CBJ has identified a preliminary sewer collection system for North Douglas as part of the 1996 Areawide Water & Sewer Plan of Projects study by Montgomery Watson Consultants. The study estimates the entire project to cost $10,790,000 to complete a sewer collection system from the Juneau/Douglas Bridge.

The system will probably be constructed in phases:

• The first phase could extend approximately two miles along the highway from the bridge and would involve three pump stations at an estimated project cost of $2,650,000.
• The second phase could extend approximately two additional miles to Bonnie Brae Subdivision and would involve another three pump stations at and estimated cost of $2,980,000.


Likely funding sources for the projects may be from sales tax revenue, future grants, and local improvement district (LID) contributions. Due to problems with existing on-site sewer systems and, in particular, the existing Bonnie Brae Subdivision sewer system, it is desirable to extend the sewer collection for the first two phases in the near future.

This grant will fund design, development of a local improvement district (LID), and a portion of the construction costs for phase 1.

It is estimated that maintenance and operation of each phase of the sewer extension will have an annual cost of $100,000 which will be offset by user fees.

An amendment to this ordinance, as it was first introduced, is necessary as the preliminary engineering and design is for the entire North Douglas Sewerage Project. This project would extend the sewer line from the Juneau/Douglas Bridge to the Bayview Subdivision, which is well beyond the Bonnie Brae Subdivision.

I recommend that this ordinance (attached to the original version in your packet) be adopted as amended.

Public Hearing

Assembly Action

6. Ordinance No. 97-17 (E)

An Ordinance Appropriating to the Manager the Sum of $646,922 for Removal and Replacement of the Failed Roof System on the Juneau Douglas High School. Such Funds Provided by the Alaska Department of Education. Presented by the Manager.

Administrative or Staff Report

The ordinance appropriates a $646,922 grant from the Alaska Department of Education (DOE) for removal and replacement of the failed roof system on the Juneau Douglas High School.

Each year the Juneau School District submits a Six Year Capital Improvement Plan to DOE in accordance with AS 14.11.011. This document contains a list of requested capital improvement projects for school facilities, along with their respective grant applications.

During the 1996 Alaska State Legislative session, funding needed for replacement of the failed roof at Juneau Douglas High School was provided at seventy percent ($646,922) with the other thirty percent ($278,860) to be funded through local match. Total cost of the project is estimated at $925,782. The match of $278,860 has been provided by CBJ sales tax through the FY97 and FY98 CIP Budget process.

Design for this project is 95% complete. It is anticipated that bidding for the construction contract will begin in November of 1997.

. I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

7. Ordinance No. 97-17 (F)

An Ordinance Appropriating to the Manager the Sum of $325,000 For Replacement of the Water Utility Disinfection System at the Salmon Creek Source. Such Funds Provided by a Revenue Bond Issue. Presented by the Manager.

Administrative or Staff Report

This ordinance authorizes the replacement of the gaseous chlorine disinfection system with a salt electrolysis system at both the Salmon Creek and Last Chance Basin sources. The funding will be provided by revenue bonds from the water utility.

The use of the chlorine system posed a slight risk to the general public and to CBJ's utility workers. Because of this risk an expanding array of regulatory actions has increased the cost of chlorine and its management. Eliminating gaseous chlorine will result in a somewhat safer operation, reduce the cost of training for CBJ employees and could possibly improve the quality of water from the Salmon Creek source.

Conversion of the water system disinfection from gas chlorination to salt electrolysis does not duplicate the efforts of the Salmon Creek Disinfection capital project. The Salmon Creek Disinfection project involved rebuilding the drinking water reservoir so that a sufficient quantity of drinking water for the community could be treated by a water system disinfection process.

The funding for this project will come from revenue bonds. Security for the issue and payments will come from the Water Utility fund. The bonds will be repaid from user fee revenues over a 10 to 15 year period.


This action has been approved by the Public Works and Facilities Committee.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

8. Ordinance No. 97-17 (G)

An Ordinance Appropriating to the Manager the Sum of $300,000 for a Grant to the Juneau Economic Development Council (JEDC). Such Funds Provided by the U.S. Department of Agriculture - Alaska Economic Disaster Fund. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $300,000 of the U. S. Department of Agriculture Alaska Economic Disaster Funds to the Juneau Economic Development Council (JEDC) who will use the funds for a loan to the Glacier Gardens Preservation Park. At its July 14 meeting, the Assembly Committee of the Whole recommended this ordinance be introduced.

The loan will be used to construct wholesale greenhouses and flower display gardens which will be located near the Fred Meyer store. There will also be a display on erosion control, a small hydroelectric project, stream rehabilitation projects and a forest interpretation path. The project is designed to blend with the neighborhood, by leaving borders of natural forest. Glacier Gardens estimates that 20 full time jobs will be created with seasonal employment for up to 25 people.

The CBJ will make the funds available to JEDC once JEDC provides evidence of Glacier Gardens match, commitment to complete the entire project and creation of jobs indicated in the application. Project must be underway within six months of Assembly approval of the loan. It is JEDC's intent to make payments on the loan available for similar loans through the CBJ/JEDC Southeast Alaska Economic Fund (SAEF) process. Staff will work with JEDC to establish reporting/monitoring requirements for the loan funds to keep the Assembly informed and to ensure that the loans are used for authorized purposes.

The disposition of loan funds repaid to JEDC is not addressed in this ordinance; JEDC has indicated, however, its desire to recirculate loan payments back into the SAEF Program. The Assembly should consider an amendment to this and Ordinance No. 97-17 (H), to document this intent.

After this appropriation is adopted, the unexpended balance in the Southeast Alaska Economic Disaster Fund will be $2,183,600.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

9. Ordinance No. 97-17 (H)

An Ordinance Appropriating to the Manager the Sum of $200,000 for a Grant to the Juneau Economic Development Council (JEDC). Such Funds Provided by the U.S. Department of Agriculture - Alaska Economic Disaster Fund. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $200,000 of the U. S. Department of Agriculture Alaska Economic Disaster Funds to the Juneau Economic Development Council (JEDC) who will use the funds for a loan to Rainbow Glacier Seafoods. At its July 14 meeting, the Assembly Committee of the Whole recommended this ordinance be introduced.

The loan will be used to complete the Rainbow Glacier Seafoods (RGS) Juneau chum salmon processing facility for June, 1998, operations. The facility will process 4 million pounds of chum salmon in 1998.

The CBJ will make the funds available to JEDC once JEDC provides evidence of RGS match and commitment to complete the facility in Juneau. The project must be underway within six months of Assembly approval of the loan. It is JEDC's intent to make payments on the loan available for similar loans through the CBJ/JEDC Southeast Alaska Economic Fund (SAEF) process. Staff will work with JEDC to establish reporting/monitoring requirements for the loan funds to keep the Assembly informed and to ensure that the loans are used for authorized purposes.

As indicated for Ordinance No. 97-17 (G), the Assembly should consider an amendment to this ordinance to document the intent of the JEDC to recirculate loan payments back into the SAEF Program.

After this appropriation is adopted, the unexpended balance in the Southeast Alaska Economic Disaster Fund will be $1,983,600.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

IX. UNFINISHED BUSINESS:

X. NEW BUSINESS:

1. Mr. Karl Bausler's Appeal of Planning Commission Approval of Construction of a 40-Unit Apartment Complex, Including a Hillside Endorsement, Under Allowable Use Permit (USE97-00040)

At its regular meeting on June 24, 1997, the Planning Commission granted an Allowable Use Permit (USE97-00040) to Sundance Construction Company, Inc., for construction of a 40-unit apartment complex on Lot CH3, Emerald Subdivision on Crow Hill Drive, including a hillside endorsement. On July 22, 1997, Mr. Bausler, owner of adjacent property, appealed the Commission's decision to the Assembly.

The Notice of Appeal and the Notice of Decision on USE97-00040 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.

Mr. Bausler, Sundance Construction Company, 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:


1. Will the Assembly accept the appeal?

2. Will the Assembly hear the appeals 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, exceptupon 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.

XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

1. Juneau-Vladivostok Grant Proposal

Under the auspices of the International Relations Advisory Committee, a grant proposal is being submitted to Sister Cities International (SCI), for the funding of a project under SCI's Municipal and Community Problem-Solving Program. The details of the proposal are summarized in your packet with a memo from the proposers, which includes Assembly agreement to support a letter signed by Mayor Egan be submitted to SCI.

Ms. Keiser and Glenn Gray will be present at tonight's meeting to address questions from the Assembly.

I recommend that the Assembly adopt a motion to support this grant proposal.

B. Manager's Report - Information Items:

C. Attorney's Report:

XII. MAYOR'S REPORT ON NON-AGENDA ITEMS

A. Revised Pending Items

B. Unappropriated Governmental Fund Balance

C. Assembly Contingency Fund Balance

XIII. COMMITTEE REPORTS ON NON-AGENDA ITEMS

A. 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

XIV. ASSEMBLY COMMENTS AND QUESTIONS

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

XVI. ADJOURNMENT

NOTE: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audio tape 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.

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