AGENDA/MANAGER’S REPORT

THE CITYAND BOROUGH OF JUNEAU, ALASKA

Monday, February 0713, 2000 7:00 – 11:00 PM

Assembly Chambers – Municipal Building

Meeting No. 2000-03

Submitted by: _____________________________

Donna B. Pierce

City & Borough Deputy Manager

 

  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
    1. 01/03/00 -Regular Meeting No. 00-02

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. 2000-05

      An Ordinance Amending the Business Code to Extend Liquor Licensee Hours of Sale for Days On Which Clocks Are Adjusted From Standard to Daylight Saving Time

      This ordinance establishes an automatic one-hour extension of bar closing hours on days when clocks "spring forward" to adjust for daylight saving time.

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

  1. Ordinance No. 99-17 (Q)

An Ordinance Appropriating To The Manager The Sum Of $323,900 As Additional Funding For The New Police Station. Such Funds Provided By Interest Income.

This ordinance appropriates $323,900 in interest earnings as additional funding for construction of the new police station. The interest is earned on the unspent temporary sales tax proceeds, which provided funding for the project.

Interest earnings on sales tax have been planned into the project budget. This is the second such appropriation. The total interest earned on the project as of June 30, 1999 was $543,700. A final appropriation from interest earnings will appear on a future agenda.

The project is nearing completion on time and on budget. JPD is expected to move into the building in mid-February.

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

    1. Resolutions
    1. Resolution No. 2018
    2. A Resolution in Support of Private Nonprofit Hatcheries.

      At its last regular meeting, the Assembly requested this resolution in response to a request by DIPAC that CBJ ask the Alaska Board of Fish to reject recent proposals for changes to its rules on chum salmon production and cost recovery.

      As this is a policy decision for the Assembly, I have no recommendation.

    3. Resolution No. 2019
    4. A Resolution Supporting the Accelerated Transportation Plan Proposed by the Knowles Administration.

      The Governor has decided to support fast ferries as the preferred alternative for the northern component of the Southeast Alaska transportation plan. This decision has been integrated with a proposal to seek accelerated funding for transportation projects throughout the state. At its last regular meeting, the Assembly, at the suggestion of Assembly member Pillifant, requested a resolution in support of the Governor’s transportation plan.

      As this is a policy decision for the Assembly, I have no recommendation.

    5. Resolution No. 2020

A Resolution Repealing Resolution 1862 and Reestablishing the Tourism Advisory Committee.

This resolution implements changes in the Tourism Advisory Committee’s (TAC ) role resulting from creation of the Assembly Planning and Policy Committee (PPC). The changes were reviewed and amended by the TAC and approved by the PPC at its meeting of January 24, 2000.

I recommend this resolution be adopted.

    1. Liquor License Renewals:
    2. Duck Creek Market

      Fred Meyer

      The Valley Restaurant

      The Finance, Police, Fire, and Community Development Departments have reviewed the renewal applications and found no reason to protest the renewals.

      The Human Resources Committee has not reviewed the licenses due to lack of quorum and these are therefore referred to the Assembly as a whole.

      I recommend the Assembly to waive its right to protest renewal of liquor licenses for Duck Creek Market, Fred Meyer, and The Valley Restaurant.

    3. Bid Awards:
    1. Bid Award No. E00-259 Statter Harbor Parking and Pedestrian Improvements

The Bid Award was opened on the subject project on January 28, 2000 and expired at 4:30 p.m. on January 31, 2000.

 

RESPONSIVE

BASE BID

ADDITIVE ALTERNATE

TOTAL BID

ARETE CONSTRUCTION CORPORATION

$318,936.00

$10,350.00

$329,286.00

Gastineau Contractors, Inc.

$338,705.00

$11,000.00

$349,705.00

Channel Construction, Inc.

$354,585.00

$13,500.00

$368,085.00

Trucano Construction

$362,980.00

$14,550.00

$377,530.00

Glacier State Contractors, Inc.

$368,876.00

$1,000.00

$378,876.00

Miller Construction Company, Ltd.

$406,297.30

$11,785.00

$418,082.30

Engineer's Estimate

$353,210.00

$15,310.00

$368,520.00

The Base Bid consists of reconstructing a parking lot and constructing a new approach road from Glacier Highway down into the Statter Harbor parking lot. The Additive Alternate involves completion of the lighting system, including the wiring, installation of luminaries and miscellaneous related work.

Funding Source for this project is Proposition 3 Sales Tax, State of Alaska Department of Administration Grant. Total project funds are $1,715,641 (for all phases).

I recommend award of this project to Arete Construction Corporation in the amount bid for the Base Bid and Additive Alternate, for a total award of $329,286.00

  1. ORDINANCES FOR PUBLIC HEARING
    1. Ordinance No. 2000-03
    2. 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 "retail sales, services, or rentals" in place of several different wordings which gave the false impression of different meanings.

      In order to allow Capital Transit and Eaglecrest to make a more orderly transition to the new rule, I recommend that the ordinance as introduced be amended by adding a new subsection 13(c) reading:

      (c) Notwithstanding subsection (b) of this section, the tax levied under this chapter shall not apply to retail sales, services, or rentals of real or tangible personal property by Capital Transit or Eaglecrest Ski Area. This subsection (c) shall be repealed on June 30, 2000.

      I recommend that this ordinance be amended as indicated and adopted.

      Public Hearing

      Assembly Action

    3. Ordinance No. 2000-04
    4. 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 adopted.

      Public Hearing

      Assembly Action

    5. Ordinance No. 99-17 (O)
    6. 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 170 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. A sketch of the design is provided in your packet.

      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 adopted.

      Public Hearing

      Assembly Action

    7. 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, 2000 Finance Committee meeting. The monies are to be used by the Friends of Recycling for the continued operation and maintenance of the glass crusher.

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 adopted.

Public Hearing

Assembly Action

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

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

    1. The revised pending list in your packet now includes the list of pending appeals as requested by Assembly member Garrett at the last meeting.

    1. Attorney’s Report

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS

    1. Revised Pending Items

    1. Hurlock et. al. v. Planning Commission - Presiding Officer was Dennis Egan to be reassigned to Cathy Munoz at 2/7 Assembly meeting; prehearing conference tentatively scheduled pending this appointment. Ms. Munoz has agreed to serve, a motion of the Assembly is needed.

    1. Unappropriated General Fund Unreserved Fund Balance
    2. Assembly Contingency Fund Balance
    1. Hearing Officer Assignments

  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: Laurie_Sica@ci.juneau.ak.us.