THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, September 8, 1997 - 7:00 PM
Assembly Chambers - Municipal Building
Meeting No. 97-30
Submitted by:
David R. Palmer
Go to the bottom of this document
I. FLAG SALUTE
II. INVOCATION
III. ROLL CALL
IV. APPROVAL OF MINUTES
1. 08/04/97 - Regular Mtg. No. 97-27
2. 08/11/97 - Special Mtg. No. 97-28
SPECIAL ORDER OF BUSINESS:
1. Treatment Works! Month: Proclamation
A proclamation will be presented at tonight's meeting in recognition of Treatment Works! month, for September, 1997.
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. Ordinances for Introduction:
1. Ordinance No. 97-33
An Ordinance Creating Local Improvement District No. 84 of the City and Borough; Finding That Such Local Improvement District is in the Public Interest; Setting the Boundaries of Such Local Improvement District; Providing for the Improvements to Be Acquired, Constructed and Installed Consisting of a Gravity Sewer Main and Laterals Serving the Property Owners Within the Trafalgar Avenue L.I.D. Boundary. This Project is Estimated to Cost $408,753.00 of Which Cost an Estimated $139,200.00 is to Be Borne by Properties Specially Benefitted and an Estimated $269,553.00 by the City and Borough; Directing That the Work Be Done; That Any Land Necessary or Useful Be Acquired and That Eminent Domain Including Use of Declaration of Taking is Authorized; Creating Special Assessment Fund No. 84; and Finding That Special Benefit to the Property Within the Described District Exists and That Each Lot or Tract Within the District Will Be Specially Benefitted in Proportion to the Amount Assessed. Presented by the Manager.
This ordinance establishes LID 84 for construction of a gravity sewer main and laterals serving the property owners within the Trafalgar Avenue LID boundary. The estimated total construction cost of the project is $408,753.00. The property benefitted will bear approximately $139,200.00 of the cost of the improvement, and the city and borough will bear the remainder, or $269,553.00.
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 October 20, 1997. 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.
Your packet includes the legal description for LID No. 84, 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 assessment roll, the results of an informal ballot answered by most property owners in the LID, and a tentative schedule of events for LID No. 84.
I recommend that this ordinance be introduced and set for public hearing at the October 20, 1997, regular meeting.
2. Ordinance No. 97-34
An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of an Area Generally Described as the Upper West Mendenhall Valley Between the Mendenhall River and Auke Lake. Presented by the Manager.
This ordinance rezones property in the Upper Mendenhall Valley from transition zoning to any of D-1, D-3, or D-5. These changes reflect the "Urban/Low Density Residential" classification approved by the Assembly in the Comprehensive Plan. This rezone was approved by the Planning Commission at a special meeting held at a Valley location on May 20, 1997 after three public meetings held by CDD staff in Valley locations.
The ordinance contains two provisions to protect current dimensional and use exemptions. Section 3 preserves existing exemptions which allow setback and lot coverage requirements to be relaxed in proportion to the degree that the lot is below the standard size, which in this case is one acre prior to the rezone. Existing structures which are legal under this ordinance on a substandard D-1 lot could become illegal in a D-3 zone. This is especially likely with respect to front and rear yard setbacks, which are 25 feet in both districts, but the minimum lot depth changes from 150 in D-1 to 100 feet in D-3. As a result, lots will lose their substandard status, but the setback requirement will remain the same, and a violation could result. A similar issue occurs with respect to lot coverage.
Section 4 allows continuation of existing uses on a lot rendered substandard by this rezone, unless the use requires more area than the minimum specified for the zoning district, in which case a conditional use permit is required.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
3. Ordinance No. 97-35
An Ordinance Amending the Penal Code to Establish the Offense of Violating a Domestic Violence Protective Order and the Offense of Interfering With a Report of a Crime Involving Domestic Violence, and Establishing Penalties for the Violations Thereof. Presented by the Manager.
This ordinance establishes two misdemeanor offenses to address situations common in domestic violence cases. The offenses are essentially identical to state statutes. This ordinance establishes municipal versions that will allow CBJ prosecutors to administer cases without transferring them back and forth to the state.
Section 3 of the ordinance is based on AS 11.56.740. It criminalizes violation of a domestic violence protective order. Without a provision like this, DV orders are enforceable only through the laborious process applicable to contempt of court proceedings.
Section 4 is based on AS 11.56.745. It is designed to deal with the common problem of someone, usually a domestic abuser, who interferes with someone else, usually the victim, who is trying to report the abuse. This interference can take the form of threats, physical restraint, or denial of communications, often by ripping the telephone out of the wall.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
4. Ordinance No. 97-17 (L)
An Ordinance Appropriating to the Manager the Sum of $769,955 for the Following Capital Projects: American Disabilities Act Compliance, Energy Efficiency Improvements Fund, Underground Fuel Storage Tanks, Essential Building Repairs, Juneau Fire Station Repairs II, Health And Social Services Building Repairs III, Augustus Brown Pool Gaseous Chlorine System Replacement, General Park And Safety Repairs, and Trafalgar Street Sewer Design And Construction. Such Funds Provided by the Alaska Department of Administration. Presented by the Manager.
The City and Borough of Juneau has been awarded nine grants under the Alaska Department of Administration (DOA) Municipal Capital Project Matching Grant Program. The local share for all projects was provided for in the FY98 Budget Ordinance, No. 97-17, as prioritized by Resolution Serial No. 1871. Ordinance No. 97-17 provides matching funds at levels equal to or greater than the State's requirement.
Project #1: AMERICAN DISABILITIES ACT COMPLIANCE
Project Description:
Funding will be used to continue bringing CBJ facilities, buildings, and transit vehicles into compliance with Americans with Disabilities Act. Specific projects are annually recommended by the CBJ Accessibility Task Force.
FY98 Project Funding:
DOA Grant: $35,000
Local Match: 15,000
Total $50,000
Project #2: ENERGY EFFICIENCY IMPROVEMENTS FUND
Project Description:
Funding will be used to continue improvement of the energy efficiency of CBJ facilities and buildings to generate a long-term savings in utility costs. This is the continuation of a capital project.
FY98 Project Funding:
DOA Grant: $35,000
Local Match: 15,000
Total $50,000
Project #3: UNDERGROUND FUEL STORAGE TANKS
Project Description:
Funding will be used to continue the CBJ effort to repair or replace underground fuel storage tanks at CBJ facilities and buildings. This work is necessary to bring CBJ facilities and buildings into compliance with the Alaska Department of Environmental Conservation and U. S. Environmental Protection Agency regulations. The FY98 matching grant will complete the upgrade for fuel tanks at the Eaglecrest Ski area.
FY98 Project Funding:
DOA Grant: $140,000
Local Match: 60,000
Total $200,000
Project #4: ESSENTIAL BUILDING REPAIRS
Project Description:
Funding will be used to repair water damaged wall finishes at the Juneau Library, roof and gutter repairs at the Augustus Brown Swimming Pool and soffit and roof repairs at the Douglas Fire Hall/Library building.
FY98 Project Funding:
DOA Grant: $ 112,000
Local Match: 80,000
Total $192,000
Project #5: JUNEAU FIRE STATION REPAIRS II
Project Description:
Funding will be used to address the failure of the exterior waterproofing system and resultant deterioration of masonry block at the Juneau Fire Station. The funding will also address continuing roof leaks and problems with the horizontal siding at the station.
FY98 Project Funding:
DOA Grant: $105,000
Local Match: 45,000
Total $150,000
Project #6: HEALTH AND SOCIAL SERVICES BUILDING REPAIRS III
Project Description:
Funds will be used for replacement of rotten structural members of the foundation, complete the upgrade of the building mechanical system to meet code and the replacement of carpet. Additional repairs include improvement of ventilation system, electrical service, and other interior improvements.
FY98 Project Funding:
DOA Grant: $77,100
Local Match: 72,900
Total $150,000
Project #7: AUGUSTUS BROWN POOL GASEOUS CHLORINE SYSTEM REPLACEMENT
Project Description:
Funds will be used to replace the gaseous chlorine disinfection system with a mixed oxidant system which will result in a safer operation and reduce the cost of training employees for the special handling that a gaseous chlorine disinfection system requires.
FY98 Project Funding:
DOA Grant: $21,000
Local Match: 9, 000
Total $30,000
Project #8: GENERAL PARK AND SAFETY REPAIRS
Project Description:
Funds will be used to make general repairs to play equipment, fences, walkways, sport fields and site furniture. Due to safety concerns, play equipment was removed from many parks. These funds will replace much of that equipment.
FY98 Project Funding:
DOA Grant: $151,819
Match: 68,200
Total $220,019
Project #9: TRAFALGAR STREET SEWER DESIGN AND CONSTRUCTION
Project Description:
Funds will be used to design and construct an extension of the sanitary sewer system to serve residents on Trafalgar Street.
FY98 Project Funding:
DOA Grant: $93,036
Local Match: 42,000
Total $135,036
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
5. Ordinance No. 97-17 (M)
An Ordinance Appropriating to the Manager the Sum of $1,561,456 to Remove And Replace the Mendenhall River Elementary School Building Roof. Such Funds Provided by the Alaska Department of Education. Presented by the Manager.
This ordinance appropriates a grant from the Alaska Department of Education to remove and replace the entire Mendenhall River Elementary School building roof. The project includes design of the new roof, removing the existing metal roof from the structural frame and construction of a new roof and ventilated eave system with reconfigured gutters.
The total project cost is $2,230,651. In addition to the DOE grant, there is a local match requirement of $669,195 to fully fund the project. One half of the match, $335,000, was provided by FY98 Sales Tax funds through the FY98 Budget process. The remaining match amount of approximately $335,000 will be submitted for funding in the FY99 Budget process.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
6. Ordinance No. 97-17 (N)
An Ordinance Appropriating to the Manager the Sum of $994,000 to Expand the Auke Bay Wastewater Treatment Plant. Such Funds, $338,000, Provided by a Grant From the Alaska Department of Environmental Conservation and $656,000, Provided by a Loan from the Alaska Department of Environmental Conservation. Presented by the Manager.
This ordinance appropriates a grant (in the amount of $338,000) and a loan (in the amount of $656,000) from the Alaska Department of Environmental Conservation (DEC) for the expansion of the Auke Bay wastewater treatment plant. The expansion project will consist of enlarging the treatment building, adding a clarifier, new blowers and wiring, and some piping and process design changes. These modifications will enable the plant to meet its original design capacity and the effluent limitations of the discharge permit. The current plant is capable of handling 100,000 gallons of wastewater per day (gpd). As of 1995, high flows reach 144,000 gpd. New UAS student housing has increased flows an average of 11,000 gpd and the expansion of the Auke Lake sewer has further increased flows an average of 18,000 gpd.
As it currently exists, the Auke Bay Plant has a problem with hydraulic overloading. The most cost effective way to solve the problem is to construct a new clarifier to address the ongoing overloading problem.
The loan is from the Alaska Clean Water Fund through DEC. It is a 20 year loan at approximately 5% interest. The loan will be repaid with user fees. Attached is a copy of Resolution No. 1878 which authorized the City Manager to apply for the loan.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
7. Ordinance No. 97-17 (O)
An Ordinance Appropriating to the Manager the Sum of $9,467 for Production of a Video on Juneau Area History by the Juneau Douglas City Museum. Such Funds Provided by the Alaska Department of Education - Alaska State Museum. Presented by the Manager.
The Juneau-Douglas City Museum has received a grant in the amount of $9,467 from the Alaska State Museum Grant-In-Aid Program to help fund a 15-20 minute video on Juneau area history. Total project costs will be $25,000; additional funds will be raised. The video will be designed to last ten years; the video currently being used, "Early Juneau" is out of date, made in 1976 as part of a Bicentennial project.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
8. Ordinance No. 97-17 (P)
An Ordinance Appropriating to the Manager the Sum of $200,000 For a Shelter Renovation Grant Program in the Juneau Area. The Recipient of the Grant Will Be the Saint Vincent De Paul Society of Southeast Alaska. Such Funds Provided by the Alaska Department Community and Regional Affairs. Presented by the Manager.
This ordinance appropriates a grant from the Alaska Department of Community and Regional Affairs for a homeless shelter renovation pass-through grant program in the Juneau area. This grant is to assist in the construction of shelters for the homeless; it also includes reasonable administrative costs associated with the grant.
The City has agreed to grant $180,000 of these funds to the Saint Vincent de Paul Society Diocesan Council of Southeast Alaska to be applied toward the construction of ten or more homeless shelter units. The remaining $20,000 will be used to defray City grant administrative costs. CBJ estimates that $5,000 to $10,000 of the amount allocated for administration will be used by the Engineering Department to review contract documents, inspect project construction and for other general administrative functions. Any excess funds remaining in this account will be transferred to St. Vincent de Paul's construction program funded by this grant. Implementation of the grant program will proceed as soon as a final grant award notice is issued by the State agency.
Your packet includes a copy of Resolution No. 1841 authorizing City participation in the Community Development Block Grant Program and the Cooperative Agreement between the City and Borough of Juneau and the Saint Vincent de Paul Society Diocesan Council of Southeast Alaska.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
9. Ordinance No. 97-17 (Q)
An Ordinance Appropriating to the Manager the Sum of $30,000 for Installation of a Culvert on Cessna Drive. Such Funds Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.
This ordinance appropriates $30,000 pursuant to a Memorandum of Understanding between the Alaska Department of Transportation and Public Facilities and the City and Borough of Juneau to partially fund the installation of a culvert on Cessna Drive where it crosses Duck Creek. The DOT/PF funding will bring the total project budget to $130,000. Other funding has been provided by the Alaska Department of Administration ($40,000), the U. S. Fish and Wildlife Service ($30,000) and the CBJ Wetlands Mitigation Bank ($30,000). This is part of an on-going effort by the City to improve fish passage up Duck Creek.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
10. Ordinance No. 97-17 (R)
An Ordinance Appropriating to the Manager the Sum of $17,800 to Chip Seal a Portion of the Parking Lot at the Eaglecrest Ski Area. Such Funds Provided by Eaglecrest Fund Balance. Presented by the Manager.
This ordinance appropriates funds from the Eaglecrest Ski Area Fund Balance for the partial chip sealing of the Eaglecrest Parking Lot. The $17,800 represents the savings in the FY98 Eaglecrest budget from the decrease in the PERS contribution.
The Alaska Department of Transportation and Public Facilities (DOT/PF) began a major maintenance project on the Fish Creek Road on August 25, 1997. In order to prevent further deterioration of the road DOT/PF will be chip sealing it. DOT/PF is willing to also chip seal the parking lots at Eaglecrest if we cover the cost of materials. DOT/PF estimates that the cost of adding materials and chip sealing the entire parking lot would be $66,000 (due to the need for a two inches underlay of materials before applying the chip seal). Eaglecrest anticipates using additional funds from its operating budget so that a portion of the parking lot can be chip sealed. Final determination of project costs will depend on calculations by DOT/PF, but it is expected that $5,000-$7,000 in additional funding will be expended from the operating budget.
After this ordinance is adopted, the Eaglecrest Ski Area fund balance will be $52,500.
The Eaglecrest Board of Directors, at their special meeting on Tuesday, September 2, 1997 recommended this request be forwarded to the Assembly.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
11. Ordinance No. 97-17 (S)
An Ordinance Appropriating to the Manager the Sum of $4,000 For a Voters' Informational Pamphlet Regarding Proposition No. 1. Such Funds Provided by General Fund Balance. Presented by the Manager.
This ordinance appropriates $4,000 for a voter's informational pamphlet explaining the ballot proposition to amend the charter to allow decisions in quasi-judicial cases on a vote of a majority of those voting. An explanatory pamphlet will be particularly useful for this technical proposition. We intend to do most of the work on the pamphlet in-house.
This ordinance will be provided as a red folder item at Monday's meeting.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
B. Resolutions:
1. Resolution No. 1886
A Resolution Adopting the Juneau Non-Motorized Transportation Plan. Presented by the Manager.
On August 25 the Assembly Committee of the Whole considered the Nonmotorized Transportation Plan and unanimously recommended that it be forwarded to the full Assembly for adoption by resolution.
Mayor Egan raised concerns at the 8/25 meeting regarding "Bicycle Safety Myth #8"; the text has been edited to delete the consideration of removing bicycle lanes.
Assemblymember Kibby asked for clarification on the use of Treadwell Ditch Trail by snowmobilers.
The plan does not speak to snowmobiles or ATVs specifically, because it is not a recreation plan. Determining recreational mix prescribed for these corridors is beyond the scope of this planning effort and is best addressed by the managing agencies through the public process.
The Treadwell Ditch Trail falls primarily on State and Forest Service lands; there are access trails that fall on CBJ lands. The recommendation of the Nonmotorized Transportation Plan is to include the preservation of these corridors for alternative transportation use for the long term.
I recommend that this resolution be adopted.
2. Resolution No. 1887
A Resolution Authorizing a One Year Extension of a Lease of the Mayflower Building to the Juneau Montessori Center. Presented by the Manager.
This resolution authorizes a one year extension of a lease to the Montessori Center for the lease of the Mayflower Building in Douglas. The Montessori Center has been leasing the building since September 1, 1992 for use as a school and day care center and desires to extend the lease.
The Montessori Center is delinquent in rent. The school's other creditors have been paid off and Montessori is now in a position to pay back the CBJ. The amount owed is approximately $35,000. Finance Director Craig Duncan has met with Montessori and reviewed their financial status. Mr. Duncan estimates that Montessori could pay back the CBJ within 29 months and still make ongoing rent payments along with operating costs of the building. Montessori is responsible for all heat, lights, utilities, and janitorial for the Mayflower Building. Mr. Duncan has recommended that the CBJ renew the lease for one year to see how the repayment schedule is working and then have the option to renew for additional one year periods to assess the situation.
The Assembly Lands Committee has reviewed the lease renewal request and is recommending a one year renewal as proposed by staff.
In an issue unrelated to the extension of the lease, the Lands Committee has also referred a question of using part of the payment of delinquent rent to pay for the installation of an alternative heat source to the Public Works and Facilities Committee. Montessori has proposed using these funds to pay for an alternative heat source because the existing electric heat costs as much as $3000 per month in the winter. An alternative oil source would have cost savings for Montessori in operating costs and also be of long term benefit to the building.
The proposed improvements to the building are being addressed separately from this lease extension.
I recommend that this resolution be adopted.
C. Bid Opening:
1. Contract No. E97-450: Bonnie Brae Water System Improvements
Bids were opened on the subject project on August 29, 1997. The bid protest period expired at 4:30pm on Tuesday, September 2, 1997. Results of the bid opening are as follows:
Responsive Total Base Bid
Gastineau Contractors $127,545.00
Coogan Construction Co. 149,055.00
Glacier State Contractors 159,360.00
Arete Construction Corp. 173,690.00
Hulegaard Construction 179,660.00
Channel Construction, Inc. 185,168.58
Engineer's Estimate $154,205.00
The project consists of upgrades to the existing water distribution system in the Bonnie Brae Subdivision, including the installation of water main, fire hydrants, water services, water valves and miscellaneous related work.
Funding source for this project is FY94-97 General Sales Tax, with total project funds $229,000.
I recommend award of this project to Gastineau Contractors, Inc. in the amount bid for a total bid of $127,545.00.
D. Transfer Requests:
1. Transfer No. T-629: Transfers $101,673 from General Sales Tax (CIP Z499-00) to the following projects: Geographic Information System; Eaglecrest Maintenance Shop Replacement-Design; Mendenhall River Hydrology and Control Planning; Moorage Reconfiguration Design; Conceptual Design-Wharves Deckover; Dimond Park Greenhouse and Maintenance Building Improvements.
This transfer request moves $101,673 in surplus funding from a recent closeout of various old capital projects to four projects which were short funded in the FY98 Budget process ($52,200) and to establish two new project requested by the Harbors Board ($44,473).
The four FY98 projects that will now be fully funded are, Geographic Information System ($10,000), Eaglecrest Maintenance Shop Replacement - Design ($7,200), Mendenhall River Hydrology and Control Planning ($15,000) and Dimond Park Greenhouse and Maintenance Building Improvements ($25,000).
The first of the new Harbors project, the Moorage Reconfiguration Design, will provide the design to remove 33 to 44 twenty-four foot finger floats from Aurora Harbor and to relocate them to Statter Harbor. The result will be more small boat moorage at Statter and more large boat moorage at Aurora.
The second Harbors Board project, Conceptual Design-Wharves Deckover, will provide partial funding for a conceptual design and cost estimate for "decking over" the voids shoreward of the Steamship and Ferry Dock Wharves.
This action was approved by the Public Works and Facilities Committee at its August Meeting. Attached is a copy of the Memorandum from the Docks and Harbors Board with their Request for CIP Funding.
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 $101,673 $ -0- $ -0- on-going;
serves
as a holding
account for unallocated
CIP funds.
Transferred to:
D374-35/
G.I.S. $ 258,675 $268,675 $571,867 on-going
D374-47/
Eaglecrest
Maintenance
Shop Replacement $ 42,800 $50,000 $50,000 new project
D374-48/
Mendenhall River
Hydrology and
Control Planning $35,000 $50,000 $50,000 new project
H354-64/
Moorage
Reconfiguration
Design $ -0- $35,000 $35,000 new project
H354-65/
Conceptual Design-
Wharves Deckover $ -0- $9,473 $9,47 new project
P396-15/
Dimond Park
Greenhouse and
Maintenance
Building
Improvements $45,000 $70,000 $70,000 new project
I recommend that this transfer be approved.
2. Transfer No. T-630 transfers $45,000 from the Mayflower Island Causeway Repair project, to the Bus Barn Park Development project.
This transfer moves funds from the Mayflower Island Causeway Repair project to a new project, the Bus Barn Park Development. The Causeway project is currently under funded and there is no readily available source to fully fund the project at this time.
The new skate board park is currently being constructed in the Bus Barn Park. This additional funding will be used to purchase materials for construction of noise retaining walls on three sides of the structure. Additional foundation and bracing work is needed as the walls create wind load problems. Construction of these panels, which are specifically for noise mitigation in the park, will be performed by volunteer labor.
After the 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:
R412-31/
Mayflower Island
Causeway Repair $75,000 $30,000 $30,000 on-going
Transferred to:
P396-16/
Bus Barn Park
Development $ -0- $45,000 $45,000 new project
I recommend that this transfer be approved.
VIII. ORDINANCES FOR PUBLIC HEARING:
1. Ordinance No. 97-17 (J)
An Ordinance Appropriating to the Manager for Distribution to the Ketchikan Gateway Borough the Sum of $100,000 for the Purpose of Conducting an Expert Analysis of the Socioeconomic Impacts of the Tongass Land Management Plan in the Context of Human Values and Community Stability for the Sustainability of Southeast Alaska. Such Funds Provided by the Southeast Alaska Economic Fund. Presented by the Manager.
Administrative or Staff Report
This ordinance appropriates $100,000 from the Southeast Alaska Economic Fund, to conduct an expert analysis of the socioeconomic impacts of the Tongass Land Management Plan. At the July 14 Committee of the Whole meeting (minutes attached) Mayor Jack Shay, Ketchikan Gateway Borough and Mayor Doug Roberts, City of Wrangell, gave a presentation to the committee, and asked for financial help from Juneau.
As this is a policy decision by the Assembly, I have no recommendation.
Public Hearing
Assembly Action
2. Ordinance No. 97-17 (K)
An Ordinance Appropriating to the Manager the Sum of $5,654 as a Grant to the National Council on Alcoholism and Drug Dependence. Such Funds Provided by the Sales Tax Fund. Presented by the Manager.
Administrative or Staff Report
This ordinance appropriates $5,654 from the Sales Tax fund as a grant to the National Council on Alcoholism and Drug Dependence, a non-profit organization.
As this is a policy decision by the Assembly, I have no recommendation.
Public Hearing
Assembly Action
3. Ordinance No. 97-32
An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of Tract A and B, U.S. Survey 2745, Also Known as the Shrine of St. Therese, from RR, Rural Reserve to D-1, Residential. Presented by the Manager.
Administrative or Staff Report
The Planning Commission, at their August 12, 1997, regular meeting reviewed the request by the Diocese of Juneau to change the zoning of Tract A and B of U.S. Survey 2745, the Shrine of St. Therese, from RR, Rural Reserve to D-1, Residential. The Planning Commission unanimously recommended to the Assembly that this change in zoning be approved. The change would cause the entire parcel to be in one zoning classification. In addition, the existing church use would become a conforming use and allow for planned expansion.
I recommend that this ordinance be adopted.
Public Hearing
Assembly Action
IX. UNFINISHED BUSINESS:
X. NEW BUSINESS:
1. Country Lane, Inc.'s Appeal of Design Review Board Approval on Remand of Design Review Application (DRP97-00039)
This case appeals an August 1, 1997, decision of the Design Review Board issuing design review approval of a shelter for recreational activities on a fraction of U.S. Survey 381 near the intersection of Egan Expressway and Mendenhall Loop Road. On August 22, 1997, Country Lane, Inc. appealed the board's decision to the Assembly.
The Notice of Appeal and the Notice of Decision on DRP97-00039 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.
The Parks and Recreation Department and the Design Review Board 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.
An issue related to this case concerns the $250 filing fee paid by the Appellant in its appeal of the first DRB decision. That appeal was granted by the Assembly on August 4th on the motion of the city and borough. The Appellate Code at CBJ 01.50.030(b)(7) provides that the Assembly may as part of any relief awarded to the appellant, order a refund of all or a portion of any such fee. I recommend that Country Lane, Inc. receive a refund of the $250 filing fee it paid on its first appeal in this matter.
XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:
A. Manager's Report - Action Items:
1. Juneau Commission on Aging: Senior Needs Survey
I recently met with representatives from the Juneau Commission on Aging, who brought to my attention some concerns regarding Juneau's senior citizens. In 1988, the Juneau Commission on Aging conducted a needs assessment; now, nearly ten years later, the commission has been approached by a provider to sponsor an in-depth survey similar to the 1988 survey.
Statistics on Juneau's senior population, relating to the importance of conducting the survey, are summarized in the memo from the commission, included in your packet. Also outlined in the memo are cost estimates for doing the survey based on a survey of 1500 seniors (currently on the Longevity Bonus mailing list), as well as a time line for completing the survey. The Commission expects, pending approval of its request, that a final report to the Assembly would be available by December 1.
The Juneau Commission on Aging is requesting $1,665 to conduct the survey.
I recommend that the Assembly approve the Juneau Commission on Aging request.
B. Manager's Report - Information Items:
1. City Manager Travel
International City Manager's Association Annual Conference
I will be attending the ICMA conference in Vancouver, B.C., September 14-17. Joe Buck, Engineering Director, will also be attending this conference.
Goldbelt, Inc. - Washington, DC
At the invitation of Goldbelt, Inc., I will be accompanying representatives of Goldbelt to Washington, DC September 22 through 24. This trip is to attend meetings regarding West Douglas Road funds - "Trees for Roads". Goldbelt will be paying all expenses related to this trip.
Donna Pierce, Deputy City Manager will be acting manager in my absence.
C. Attorney's Report:
1. Law Department's Quarterly 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:
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).
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.
Go to the top of the page
Return
to List of Agendas
Return to the Capital
City Home Page
Our URL is www.juneau.lib.ak.us