AGENDA/MANAGER’S REPORT

THE CITYAND BOROUGH OF JUNEAU, ALASKA

Monday, January 2413, 2000 5:00 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 2000-02

 

Submitted by: _____________________________

David R. Palmer

City & Borough Manager

  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
    1. 12/06/99-Regular Meeting No. 99-36

SPECIAL ORDER OF BUSINESS

  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.2000-02
    2. An Ordinance Authorizing the Manager to Convey Approximately 134 Acres of Municipally-Owned Property Located Above the Town of Douglas and Identified for Disposal in the Land Management Plan to the Alaska Mental Health Trust in Exchange for Property Located Near Sunny Point. Presented by the Manager.

      Ordinance No. 2000-02 identifies reservations to be included in the conveyance of approximately 134 acres of land, above the town of Douglas, to the Alaska Mental Health Trust. This ordinance authorizes completion of the last step in the land exchange initiated by the City and Trust two years ago.

      The concept of the land exchange was originally outlined in Ordinance No. 97-23, adopted May 19, 1997. At that time, the City selected about 50 acres of Trust land near 7-Mile, Glacier Highway; 10 acres of that selection were conveyed to the Alaska National Guard to provide for relocation of the armory. The Trust was entitled to select land, equal in value, from a pool of City lands identified in the ordinance. The Douglas property was part of that pool.

      This issue has been discussed most recently on:

      August 25, 1999¾ Assembly Lands Committee

      September 28, 1999¾ Planning Commission

      October 27, 1999¾ Douglas Service Area Advisory Board

      November 2, 1999¾ Parks and Recreation Advisory Committee

      December 14, 1999¾ Planning Commission ¾ recommended approval with modifications noted in this ordinance.

      January 19, 2000¾ Douglas Service Area Advisory Board¾ At the conclusion of its January 19th meeting, the Board recommended the Assembly delay action of the exchange. A memorandum is included in your packet which outlines the issues raised and provides the motion adopted.

      Background information is included in your packets.

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

    3. Ordinance No. 2000-03
    4. An Ordinance Amending the Sales Tax Code to Repeal the Exemption for Sales or Rentals To or By the Federal and State Governments and Sales or Rentals By the City and Borough of Juneau. Presented by the Manager.

      The current sales tax exemption for governments allows Juneau to tax certain of its own services, but not its own goods. This ordinance amends the exemption to allow taxation of more services and sales of goods by CBJ.

      The ordinance also removes the exemptions for sales to or by the federal and state governments. Many of these sales will remain exempt by force of federal and state law, but this ordinance will make some transactions subject to taxation. Sales by governments are the most likely candidates because the sales tax falls on the private buyer, not the government seller.

      The exemption for other municipalities is left in place in order to maintain Juneau’s role as a regional leader and good neighbor. Sales to CBJ remain exempt because it would be a pointless expense for the City and Borough to tax itself.

      This ordinance amends the code for clarification in several places, most notably by uniform usage of the phrase "sales or rentals of goods or services" in place of several different wordings which gave the false impression of different meanings.

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

    5. Ordinance No. 2000-04
    6. An Ordinance Amending the Animal Control Fine Schedule to Increase the Fines for the Offense of "Objectionable Animal". Presented by the Manager.

      At its meeting of January 3rd the Assembly directed the Attorney to prepare an ordinance imposing more stringent penalties for pet owners’ failure to control their animals.

      The primary ordinance for controlling unruly pets is CBJ 08.45.010 "Objectionable Animals". It regulates barking, snapping, chasing, etc. The keeper of an animal who does any of these things can be charged with a misdemeanor.

      Defendants can appear in court to contest the charge, or they can just pay the fine indicated in CBJ 03.30.054, the fine schedule. This ordinance amends the fine schedule to increase the fines up to $200.00 for offense.

      The fine schedule also establishes rules about when a defendant may not just pay a fine, but must appear in court to answer to the charge. This is called a mandatory court appearance, or "MCA". Many people find an MCA a more burdensome penalty than a money fine. Currently, a person charged with "Objectionable Animal" is subject to an MCA for the third offense. This ordinance does not change that rule.

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

    7. Ordinance No. 99-17 (O)
    8. An Ordinance Appropriating To The Manager The Sum Of $950,000 For Repairs And Upgrades To The Steamship Wharf. Such Funds Provided By The Port Fund Unreserved Fund Balance. Presented by the Manager.

      This ordinance appropriates $950,000 of Port Fund Unreserved Fund Balance for repairs and upgrades to the Steamship Wharf as outlined in the Steamship Wharf Maintenance and Operations Improvements Project.

      The project will repair damaged portions of the face of the Steamship Wharf, structural timbers, decking and piling. A portion of the wharf deck will be widened to better accommodate ships’ gangways and to provide for safer pedestrian transit on the seawalk in the vicinity of gangway deployment.

      Specifically, the project entails certain welding repairs to various mooring dolphins along the face of the Steamship Wharf; installation of a new rock-anchor in one dolphin (which has lost retention integrity); the widening, by 15 feet, of 75 linear feet of the wharf deck to better accommodate gangways and pedestrian access; removal of the seaward planter and slight relocation of the Patsy Ann Memorial; and widening of the stairwell providing access from the wharf deck to the Marine Park Plaza and motorcoach staging area.

      The Docks and Harbors Board approved this action at their meeting of December 12, 1999. A copy of the minutes from the Board meeting can be found in your packets.

      The Planning Commission (September 28, 1999) and cruise industry representatives have also approved the project. The project was conceptually approved by the Assembly Committee of the Whole.

      After this ordinance is adopted, the Port Fund Unreserved Fund Balance is projected to be $414,400 as of June 30, 2000.

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

    9. Ordinance No. 99-17 (P)

An Ordinance Appropriating To The Manager The Sum Of $3,000 For An Operating Grant To Friends Of Recycling. Such Funds Provided By The Waste Management Fund Retained Earnings. Presented by the Manager.

This ordinance appropriates $3,000 of Waste Management Fund Retained Earnings for a grant to the Friends of Recycling. This grant was approved at the January 12, 1999 Finance Committee meeting. The monies are to be used by the Friends of Recycling for operational costs.

This grant is an increase to the current FY00 Grant of $3,050.

After this ordinance is adopted, the Waste Management Fund Available Fund Balance is projected to be $191,200 as of June 30, 2000.

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

    1. Resolutions
  1. Resolution No. 2014

A Resolution Authorizing the Manager to Submit an Application to the Alaska Department of Environmental Conservation for a Loan from the Alaska Clean Water Fund and Designating the Manner of Accepting and Managing the Loan for the Purpose of Funding Expansion of Community Wastewater Collection to North Douglas. Presented by the Manger.

This resolution authorizes the Manager to submit an application to the State Department of Environmental Conservation for a loan of $580,000 from the Alaska Clean Water Fund. This is the North Douglas Sewer project and will begin just south of Falls Creek and terminate north of Bonnie Brae Subdivision. The design will include 8" and 10" sewer mains on both the highway and on the beach. The two systems will be tied together and directed across Gastineau Channel near Salmon Creek through either a pressure line. From there the sewage pumped to the Juneau-Douglas Wastewater Treatment Plant through the existing system. This 20-year loan will be repaid with user fees. The Clean Water Fund provides an interest rate of approximately 5%. A copy of the application to the state is included in your packet.

I recommend that this resolution be adopted.

  1. Resolution No. 2015

A Resolution Amending the Personnel Rules to Allow an Employee to Take Leave Without Pay Before Exhausting Accrued Personal Leave. Presented by the Manager.

The removal of the requirement that an employee exhaust all personal leave before taking leave without pay (LWOP) is intended as a cost savings measure by making it easier for employees to elect to take leave without pay, as a result departments can reduce personnel costs (and services).

I recommend that this resolution be adopted.

  1. Resolution No. 2016

A Resolution Amending the Personnel Rules to Allow Employees to Cash In Unused Personal Leave. Presented by the Manager.

This change would extend to employees not represented by a union and is a benefit, which both bargaining units have had for some time, to cash-in personal leave to alleviate extreme hardship. If the employee has been given permission to take leave without pay, leave may be cashed in to buy insurance coverage during the absence.

I recommend that this resolution be adopted.

    1. Transfer Requests:

    1. Transfer Request Number T-679: Transfers $55,000 From FY97 General Sales Tax From The Essential Building Repairs Capital Project. $50,000 Will Be Transferred To The Zach Gordon Youth Center Men’s Restroom Upgrade Project And $5,000 Will Be Transferred To The Deferred Building Maintenance Project.
    2. This transfer moves $55,000 in FY97 General Sales Tax from the Essential Building Repairs capital project. Of this amount, $50,000 will be transferred to the Zach Gordon Youth Center Men’s Restroom Upgrade project and $5,000 will be transferred to the Deferred Building Maintenance project.

      The Youth Center Men’s Restroom Upgrade project received a grant from the Alaska Department of Administration, but additional funds are needed to complete the project. Additional funds have been budgeted in the Essential Building Repairs project for the restroom upgrade project and this transfer request should fully fund the project.

      Upgrades to the Municipal Building are budgeted in both the Essential Building Repairs project and the Deferred Maintenance project. The upgrades involve exterior painting and roof and window replacement. To efficiently manage the upgrades, funding needs to be in one project. This transfer request moves all funding for the upgrades to the Deferred Building Maintenance project.

      After this transfer is approved, the projects’ available balances, budgets, and status will be as follows:

    Transfer Status/  Project Number/ 
    Project Name

    Unobligated Funds Available
    Prior to Transfer
    Unobligated 
    Funds Available
    After Transfer
    Total Project
    Budget
    After Transfer
    Status

    Transferred from:

    P396-06/
    Essential Building Repairs
    $355,354 $300,354 $899,685 Ongoing
    Transferred to:

    D374-57/
    Youth Center Men’s
    Restroom Upgrade

    $24,700  $24,700  $74,700 Ongoing

    P396-17/
    Deferred Building
    Maintenance 

    $452,563  $457,563  $923,400  Ongoing

  

    I recommend approval of this transfer.

  1. Transfer Request Number T-680: Transfers $280,000 From The Dimond Park Capital Project And $123,000 From The Melvin Park Capital Project To Provide $403,000 More For The Adair Kennedy Park Improvement Project.

  2. This transfer will move $280,000 from the Dimond Park capital project and $123,000 from the Melvin Park capital project to provide $403,000 more for the Adair Kennedy Park Improvement project. The funds will be used to install artificial turf at Adair Kennedy Park. The funding source for all of the projects is the Temporary Sales Tax authorized by voter approval of Proposition 3 in October 1998.

    The artificial turf project at Adair Kennedy Park will cost $1,000,000. In order to assure completion of the project during this construction season, the difference will be "borrowed" from the Dimond Park and Melvin Park projects. The Dimond Park and Melvin Park projects funded during the FY01 Capital Budget process (See memo from Kim Kiefer). The Fish Creek project goes from 400,000 to $70,000.

    This action was approved by the Public Works and Facilities Committee its January 5, 2000 meeting.

    After this transfer is approved, the projects’ available balances, budgets, and status will be as follows:

    Transfer Status/
    Project Number/
    Project Name

    Unobligated
    Funds Available
    Prior to Transfer

    Unobligated
    Funds Available
    After Transfer

    Total Project
    Budget
    After Transfer

     

    Status

    Transfer From:

           

    P396-20/
    Dimond Park

    $506,497

    $ 226,497

    $ 310,000

    Ongoing

    P396-22/
    Melvin Park

     

    $163,127

     

    $ 40,127

     

    $ 157,000

     

    Ongoing

    Transfer To:

           

    P396-18/
    Adair/Kennedy
    Park

     

    $636,042

     

    $1,039,042

     

    $1,343,000

     

    Ongoing

    I recommend this transfer be approved.

  3. Transfer Request Number T-681: Transfers $46,000 In Funding Set Aside For Streets Reconstruction To The Juneau Areawide Transportation Plan.

This transfer will move $46,000 in funding set aside for Streets Reconstruction to the Juneau Areawide Transportation Plan. The funding will be used to fund an expansion in the scope of review work and to develop a more interactive public participation process, and to pay for additional project salaries, fringe benefits, advertising, and postal service fees.

This transfer request was reviewed and approved by the Transportation Steering Committee on October 12, 1999 and approved by the Public Works & Facilities Committee on December 1, 1999. Included in the packet are memos, which explain the use of the funds in greater detail.

After this transfer is approved, the projects’ available balances, budgets, and status will be as follows:

Transfer Status/Project Number/Project Name

Unobligated FundsAvailable
Prior to Transfer

UnobligatedFunds Available After Transfer

Total Project Budget After Transfer

 

Status

Transfer From:

       

R412-75Streets Reconstruction Reserve

$234,600

$188,600

$188,600

Ongoing

Transfer To:

       

D374-49
Juneau Areawide Transportation Plan

$9,595

$55,595

$383,318

Ongoing

I recommend approval of this transfer.

  1. ORDINANCES FOR PUBLIC HEARING
  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.

Administrative or Staff Report


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 Shelter Island Neighborhood Association has asked that the ordinance include a requirement for pedestrian easements connecting beach lots at extreme high tide, in order to promote visits and allow emergency aid between neighbors. I recommend against such a requirement because it would be unworkable in some rocky environments and redundant in situations where the state has already imposed a similar easement as part of a land grant. In many cases it would also tend to promote trespassing over existing lots where no easement exists.

However, the idea could have merit in other circumstances, and the Assembly may wish to promote it where possible. If so, the ordinance could be amended to include the addition of a new subsection (C) at page 2, line 4 and at page 3 line 10, in each case reading:

(C) to the extent consistent with topography, existing easements, and the need to promote access between neighbors, require that coastal lots in remote subdivisions include a pedestrian easement between lots at the line of extreme high tide.

I recommend the ordinance be adopted.

Public Hearing

Assembly Action

  1. Ordinance No. 2000-01

An Ordinance Amending the Revenue and Taxation Code to Impose a Marine Passenger Fee and to Provide for the Administration and Collection Thereof. Presented by the Manager.

Administrative or Staff Report

This ordinance responds to Section 7 of the passenger fee initiative, which says that the Assembly "shall adopt enabling language for the administration and collection of the passenger fee by February 1, 2000." The initiative provides that the fee itself becomes effective March 1, 2000.

The ordinance provides definitions for some important terms, specifies how the fee will be calculated, establishes exemptions, requires confidential handling of passenger information, imposes criminal liability for insufficient or delinquent payment, limits use of fee revenues, creates a board to review proposed expenditures, and authorizes the Manager to issue regulations addressing procedural details.

Some of the text in the ordinance is underlined: this indicates language from the initiative, which may not be changed by the Assembly until October of 2000.

I recommend the ordinance be adopted.

Public Hearing

Assembly Action

  1. Ordinance No. 99-17 (L)

An Ordinance Appropriating To The Manager The Sum Of $25,000 For Consultant Services To Quantify The Financial Impact Of Cruise Ship Passengers On The City And Borough Of Juneau’s Operations. Such Funds Provided By The Cruise Ship Passenger Fees.

Presented by the Manager.

Administrative or Staff Report

This ordinance will appropriate $25,000 in FY00 Passenger Fee revenues to hire a financial consultant to determine a how much money can be fairly charged to the Marine Passenger Fund by CBJ departments.

The consultant will identify the CBJ services available to cruise ship passengers and then allocate those costs on a services available basis. The allocation approach originally proposed with the ordinance's introduction and during the Assembly Finance Committee meeting on January 12, 2000 has been slightly modified.

The City Attorney has indicated that case law supports making the allocation on a services available basis. Many of the services provided to both the residents and our visitors are provided on an indirect basis. By switching from the services rendered to the services available method, we will remove most of the subjective judgement from the process.

The financial analysis will be expanded to include all of the CBJ services impacted by cruise ship traffic and it will recognize revenues generated from those activities. Elgee Rehfeld & Funk, LLC, the CBJ's auditors, will perform the analysis. Elgee Rehfeld & Funk are in the unique position to be most familiar with the CBJ's departmental and accounting structures. Max Mertz, Partner Elgee, Rehfeld & Funk, has indicated that the change to services available will reduce the time necessary to prepare the report. If the Assembly approves this tonight, the report will be available no later than March 15, 2000.

The information obtained from this effort will be used to help determine the amount of Passenger Fee revenues that could be allocated to operations and to help defend our usage decisions if challenged. It is not intended to quantify all of the impacts that cruise ship passenger may place on the City as a whole or on the residents of the community.

I recommend this ordinance be adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
  2. NEW BUSINESS
  3. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report – Action Items

Community Cable Access Juneau proposes to broadcast community service programs and some CBJ meetings. They request:

    1. Manager’s Report – Information Items

1.  Augustus Brown swimming pool warranty work
2.  Police Station Status

    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. Human Resources Committee
    4. Lands and Resources Committee
    5. Public Works and Facilities Committee
    6. Planning and Policy 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: Sandy_Harbanuk@ci.juneau.ak.us.