AGENDA/MANAGER’S REPORT

THE CITYAND BOROUGH OF JUNEAU, ALASKA

Monday, June 5, 2000 7:00 – 11:00 PM

Assembly Chambers – Municipal Building

Meeting No. 2000-11



Submitted by: _____________________________

Donna B. Pierce

               City & Borough Deputy Manager



FLAG SALUTE


ROLL CALL


SPECIAL ORDER OF BUSINESS

APPROVAL OF MINUTES


5/01/00-Regular Meeting No. 2000-09

5/15/00-Regular Meeting No. 2000-10

5/22/00-Board of Equalization



MANAGER’S REQUEST FOR AGENDA CHANGES


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


CONSENT AGENDA


Public and Assembly Requests for Consent Agenda Changes, Other Than Ordinances for Introduction


Assembly Action


Ordinances for Introduction


Ordinance No. 2000-23

An Ordinance Amending the Lands Code to Prohibit Camping on Public Rights of Way Except as Authorized by Official Signage, and Amending the Traffic Code to Refer to Such Prohibition. Presented by the Manager.


This ordinance creates rules for camping on public rights-of-way. Currently, there are no special rules, and campers are subject only to the 96-hour maximum applicable to general public lands.


The new rule will permit camping in a right-of-way only in specially designated areas, but extends the time limit to 120 hours. The new time limit is applied to general public lands as well.


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


Ordinance No. 2000-24

An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of Lots 1 through 10 and Lots 1 & 2, Block F, Glacier Village Subdivision No. 2 from Single-Family/Duplex Residential to D-5 Transitional to D-18, Multifamily. Presented by the Manager.


The Planning Commission, at its meeting of March 14, approved a request to change the zoning of Lots 1 through 10, Block D, and Lots 1 and 2, Block F, Glacier Village Subdivision No. 2. from D-5, Single-Family/Duplex Residential to D-5 (T) D-18. This zone change would allow the current D-5, Single-Family/Duplex Residential zoning to transition to D-18, Multifamily Residential zoning (allowing 18 dwellings per acre) at the time that improvements are made to the intersection of Valley Boulevard and the Mendenhall Loop Road. These improvements will be those necessary to bring the intersection to a safe level of service acceptable to CBJ and the State of Alaska Department of Transportation and Public Facilities.


The transition from D-5 to D-18 could be approved at a future time by the Planning Commission without further action by the Assembly. The Planning Commission recommended that any later transition be subject to the conditions listed in this ordinance.


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


Ordinance No. 2000-25

An Ordinance Authorizing the Manager to Convey Lots 10, 14, 32, and 54, S’It'Tuwan Subdivision, to Tlingit-Haida Regional Housing Authority Subject to Certain Conditions in Support of the Juneau-Douglas High School Home Building Project. Presented by the Manager.


This ordinance provides the real property necessary for a multi-year extension of the Juneau Douglas High School Home Building Program.


The Lands Division, Tlingit-Haida Regional Housing Authority, the Juneau School District, and the Juneau Home Builders Association, have worked out a system that starts with the sale of these four lots to Tlingit-Haida. Tlingit-Haida then places a modular building on one of the sites for use as a classroom for the construction students. The School District will then provide the permits and student labor necessary to develop the lots, using supplies and material provided by Tlingit-Haida. The lots will be developed one after the other in a program that will extend over four or five years. The modular classroom will be converted to a permanent structure or will be removed to make room for a residence.


At the conclusion of the process, the community will have several units of new affordable housing, and the High School Home Building program will have many new graduates to its credit.


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


Resolutions


Resolution No. 2032

A Resolution Disestablishing the Juneau Youth Commission.

Presented by the Manager.


This resolution disestablishes the Juneau Youth Commission based on the recommendation by the Human Resources Committee (4/03/00). During a process of reviewing all committees, the HRC found the Juneau Youth Commission to be inactive and lacking members. The HRC found the Mayor’s Task Force on Youth and the Youth Activities Board is doing similar work.


I recommend that this resolution be adopted.


Resolution No. 2033

A Resolution Changing the Membership of the Youth Activities Board.

Presented by the Manager.


This is a housekeeping resolution adjusting the membership of the Youth Activities Board (YAB) to account for disestablishment of the Youth Commission. Note that this leaves the YAB with an even-numbered membership.


Because resolutions are not codified, it is best to change them by repeal and reenactment, rather than by amendment.


I recommend that this resolution be adopted


Resolution No. 2034

A Resolution Authorizing the Manager to Convey Municipal Property at Stabler Point in Exchange for State Property at the Marine Highway Building. Presented by the Manager.


This resolution authorizes a property exchange that will allow the state to make use of Stabler Point for several projects including the nearby Stabler Point highway realignment project. The exchange will give CBJ title to the Marine Highway Building site for use as part of an educational complex.


This property exchange was approved by the Lands Committee at its meeting of January 12, 2000, and the Planning Commission at its meeting of May 23, 2000.


I recommend that this resolution be adopted.


Resolution No. 2035

A Resolution Establishing the Rate of Levy for Property Taxes for the Fiscal Year Beginning July 1, 2000.  Presented by the Manager.


This resolution adopts the property tax mill levy for 2000.  The mill levies contained in this resolution are:


      Roaded Service Area (No. 9)                  5.19     

      Fire Service Area (No. 10)                  0.74

      Areawide: Operational                  4.88

                  Debt                         1.22


Adoption of this resolution will bring the total property tax mill levy for FY01 to 12.03.  This is a 0.19 mill (or 1.6%) decrease from FY00.


The property tax revenue included in the Assembly Finance Committee approved FY01 operating budget was based on the mill levies submitted in this resolution.  The adoption of this mill levy will generate $27,343,800 (assumes 100% collection) in property tax revenues, a 6.9% increase over FY00.


I recommend this resolution be adopted.


Resolution No. 2036

A Resolution Adopting the Capital Improvement Program for Fiscal Years 2001 Through 2006 and Establishing the Capital Improvement Project Priorities of the City and Borough of Juneau for Fiscal Year 2001. Presented by the Manager.


This resolution adopts the six-year Capital Improvement Projects (CIP) program as required by Charter Section 9.4 and lists the capital projects that will be undertaken in FY 2001 using the state grant funds and CBJ sales tax funds.


The CIP program and list of projects were reviewed by the Public Works and Facilities Committee and forwarded to and approved by the Finance Committee. Final approval by the Finance Committee was on May 31, 2000.


I recommend that this resolution be adopted.


Resolution No. 2037

A Resolution Authorizing the Acceptance of Grants From the State of Alaska Department of Environmental Conservation in the Amounts Not to Exceed $1,555,000 to Construct the Lena Loop Reservoir Project, and $2,095,500 to Fund Phase I of the Expansion of Community Wastewater Collection to North Douglas. Presented by the Manager.


The Lena Loop Reservoir project will construct a 1 million-gallon reservoir and pump station in the Lena Point area that will provide the storage and pressure needed to meet fire flow demands in the Lena Loop and Tee Harbor areas. It will provide the pressure zone to provide water service to Andreanof Way, Randall Road, Cohen Drive, and the uphill residences on Glacier Highway.


This project will provide adequate storage for potable water and fire protection for the new National Oceanic and Atmospheric Administration fisheries laboratory at Lena Point. The reservoir will also provide emergency storage for the water system in the even of main line or other system failure between the Auke Lake Reservoir and Tee Harbor.


Phase I of the North Douglas Sewer Expansion project will provide connection to the City and Borough of Juneau wastewater collection system for homes not currently served, including those in the Bonnie Brae Subdivision and along North Douglas highway from Falls Creek to Bonnie Brae. Wastewater treatment and disposal in the project are generally via on-lot treatment, typically septic tank or aerated unit, and disposal to a drain field or directly to Gastineau Channel.


I recommend that this resolution be adopted.


Transfer Requests:


Transfer Request Number T-687: Transfers Funds Which Will Close Several Capital Improvement Projects and Provide Ongoing Funding for Other Capital Improvement Projects.


This transfer request accomplishes three objectives:


Seven completed capital improvement projects will be closed as shown in the table below; five of the seven projects had funds available.  The funds available balances will be used to close projects with small budget deficits and to provide on-going funding for active projects.

Funding will be provided for three on-going projects as shown in the table below.

And finally, this transfer request repays the Harbors Areawide Restroom Construction project $153,000 in Proposition 3 funds from the Swimming Pool Lights Upgrade Project.  The Harbors Restroom project provided temporary funding for the Swimming Pool Light Upgrade project until general sales tax funds could be made available.

The Salmon Creek Disinfection Project closure, consisting of Utility Sales Tax, provided the bulk of the funding for this repayment.  Transfers to the Lena Pt. Reservoir and N. Douglas Sewer projects were needed to exchange the Utility Sales Tax for general sales tax.  After these exchanges were made, the $153,000 of less restrictive funding was in place; and the $153,000 in Proposition 3 funding could be repaid to the Harbors Areawide Construction Project. 


PROJECT CLOSURES

                                                     Project Title

Amount Provided (Needed) for Closure

Salmon Creek Disinfection Project

$181,118

Nelson/5th St. Reconstruction

7,334

5th Street Juneau Reconstruction

44,477

Zach Gordon Accessible Restroom

1,484

Mt. Jumbo Accessible Restroom

1,849

Mountainside Storm Drainage Imprmts

(562)

Dimond Park Master Plan

(411)



ON-GOING PROJECTS

Project Title

Amount Provided

Lena Pt. Reservoir

$27,113

Gastineau Avenue Reconstruction

51,249

ADA Compliance Fund

3,333



Transfer Request Number T-688: Transfers $50,000 from CIP Energy Efficiency Improvements Fund to CIP Deferred Building Maintenance.


This Transfer Request moves $28,000 in a Department of Administration grant and its required local match of $12,000, consisting of FY98 General Sales Tax, and $10,000 of FY96 General Sales Tax, from the Energy Efficiency Improvements Fund to the Deferred Building Maintenance capital project.


These funds will provide funding for inspection, project management and construction contingency of the window/roof replacement project at the Municipal Building.  Low bid for construction in the amount of $319,000 was approved at the Assembly Meeting of May 15, 2000.


The DOA grant is for energy efficient projects and this project will improve heating efficiencies in the Municipal Building.


The Energy Committee at its meeting of May 23, 2000 approved this action.  The Committee is requesting that the Energy Efficiency Improvement fund be reimbursed up to $50,000, as funds become available when projects are closed.


After the transfer is approved, the fund 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:

D374-30/

Energy Efficiency

Improvement Fund                   $108,302                                    $58,302                      $178,223            Ongoing


Transferred to:

P396-17/

Deferred Building

Maintenance                             $367,366                                   $417,366                     $987,937            Ongoing



I recommend approval of this transfer.


Transfer Request Number T-689: Transfers $45,000 from CIP Dimond Park Improvements to CIP Eaglecrest Cable Replacement.


This Transfer Request moves $45,000 in Temporary 1% Sale Tax (Prop 3 sales tax) from the Dimond Park Improvements project to the Eaglecrest Replacement Cable project. 


During routine inspection of the Ptarmigan chairlift cable, it was discovered that the cable was worn and needed to be replaced.  This temporary funding measure will expedite the replacement of the cable by allowing Eaglecrest to begin bidding as soon as possible.  The cable has to be custom made for the Ptarmigan chairlift and requires a fair amount of lead-time.  Eaglecrest wants to make sure that the cable is installed during this summer’s construction season.


The $45,000 will be credited back to the Dimond project from general sales tax in the FY01 Capital Improvement Project budget.


After the transfer is approved, the fund 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:

P396-20/

Dimond Park

Improvements                          $164,466                        $119,466                $265,000                  Ongoing


Transferred to:


D374-66/

Eaglecrest Cable

Replacement                              $-0-                              $45,000                  $45,000                 New project



I recommend approval of this transfer.


  Bid Awards


Contract No. E00-374 Juneau International Airport Runway Safety Area Expansion- Phase I


Bids were opened on the subject project on May 9, 2000.  The bid protest period expired at 4:30pm on May 10, 2000.  Results of the bid opening are as follows:



RESPONSIVE


TOTAL BID


SECON, Inc.


$3,208,775.00


Trucano Construction Company


  3,362,295.00


Miller Construction Company, Ltd.


  3,566,973.00


Glacier State Contractors, Inc.


  3,781,951.00


South Coast, Inc.


  3,939,840.00


Channel Construction, Inc.


  4,082,112.29


Engineer's Estimate


$3,061,455.00


The project consists of expansion of the runway safety areas to the north and south of the existing runway, construction of a new taxiway, including pavement removal, excavation, embankment, grading, asphalt paving, installation of runway lights and lighted taxiway designation signs.


The funding source for this project is the Federal Aviation Administration grant offer; CBJ, State Department of Transportation & Public Facilities. The total Project Funds are $4,120,768. Award of this bid is contingent on adoption of Ordinance 99-17(AJ).


I recommend award of this project to SECON, Inc. in the amount bid for the Base Bid, for a total award of $3,208,775.


ORDINANCES FOR PUBLIC HEARING


Ordinance No. 2000-11
An Ordinance Appropriating Money Out of the Treasury for FY01 City and Borough Operations. Presented by the Manager.


This ordinance will appropriate the FY01 operating budget for the City and Borough of Juneau. The Charter requires the Assembly to appropriate the FY01 operating budget, by ordinance, no later than June 15, 2000. The Assembly Finance Committee approved the budget as submitted on May 31, 2000..


At the time of packet preparation, the ordinance was being drafted. This will be presented as a red folder item at the meeting.


I recommend this ordinance be adopted.


Public Hearing

Assembly Action



Ordinance No. 2000-19

An Ordinance Amending the Election Code to Provide for the Confidentiality of Attorney Assistance on Initiative Petitions, to Provide for the Issuance of Forms by the Election Official, and to Provide for Preparation of the Impartial Summary by the Election Official. Presented by the Manager.


This ordinance implements the suggestions made during the discussion at your last meeting of the initiative process and Ordinance 2000-10. The changes were not included in Ordinance 2000-10 because they would have exceeded the scope of that ordinance.


Two of these changes seem uncontroversial: Section 1 of the ordinance provides for the issuance by the election official of forms for use by the public in the initiative process. This change will make the process easier for both the public and the staff. Section 3 of the ordinance provides that the election official will draft the "impartial summary" which appears on the petition booklets. There is probably no way to avoid some disagreement about this summary, but the election official (who works closely with the attorney on these issues) is in a better position than the petitioners to be impartial about the initiative.


The third, and less routine, change is set out in Section 2. It would increase the confidentiality of the advice provided by the Attorney at the request of the petitioners’ committee. Currently, the Attorney makes an effort to be discreet about the early stages of an initiative, but petitioners are nevertheless reluctant to seek advice from the CBJ Attorney because of a perception that their efforts will be, in an untimely manner, disclosed to a body with which they are likely to be at cross purposes:  the Assembly.


This is understandable, but unfortunate. Petitioners are usually focused on the major elements of the issue which prompts their initiative, and are prone to lose sight of the details that must be included if their legislation is to work smoothly. However, the voters may overlook bad definitions, unworkable time limits, and other rust on the nuts and bolts of the law. If they adopt the initiative anyway, the staff is left with the awkward and possibly illegal task of ignoring or making up parts of the law in order to make it work.


Early review by the Attorney can help avoid these errors, and an increased measure of confidentiality may help achieve this. Total confidentiality is not practical:  the Attorney is accountable to the Assembly and the Assembly is accountable to the people. Some procedure must address this accountability. The ordinance provides that the Assembly may, by resolution, require that the Attorney divulge the existence and nature of a proposed initiative. This procedure will assure that the early efforts of the petitioners’ committee will be undisturbed unless there is some good reason to disclose them.


I recommend this ordinance be adopted.


Public Hearing

Assembly Action


Ordinance No. 2000-20

An Ordinance Amending the Litter Code to Define the Offense of Depositing or Maintaining an Abandoned or Junked Vehicle, and Providing a Penalty. Presented by the Manager.


This ordinance changes the definition of an abandoned vehicle to include vehicles left for a period of 48 hours, instead of 30 days.


It increases the fine for leaving an abandoned or junked vehicle on public or private property from $100 to $295.00.


It adds a new offense for failing to notify the Department of Motor Vehicles of a transfer of ownership and provides for a fine of up to $295.00.


An owner convicted of leaving a vehicle, then, will face a potential fine of $295.00.  If the owner suggests that they are not responsible because they have sold the vehicle, but failed to register the change of ownership, then the owner faces an additional infraction and another fine of up to $295.00.  Forget to sign, pay a fine!


I recommend this ordinance be adopted.


Public Hearing

Assembly Action


Ordinance No.  99-17 (AH)

An Ordinance Appropriating to the Manager the Sum Of $150,000 for Design of the Food Service Facilities Renovation at the Bartlett Regional Hospital.  Such Funds Provided by Bartlett Regional Hospital Retained Earnings. Presented by the Manager.


This ordinance will appropriate $150,000 of Bartlett Regional Hospital’s (BRH) retained earnings for design of renovations to the food service facilities at BRH.  This area of the hospital needs to be renovated for modernization and for its new role in providing food service for St. Ann’s Care Center, once it opens in May, 2001.  This appropriation provides funds for the design phase only.  A second appropriation for construction funding will follow in late summer, 2000.


This action was approved by the BRH Board at its meeting of April 25, 2000.  After this ordinance is adopted, the balance in BRH’s retained earnings will be $1,799,300.


I recommend this ordinance be adopted.


Public Hearing

Assembly Action


Ordinance No.  99-17 (AI)

An Ordinance Appropriating to the Manager the Sum of $311,403 for Installation of the Centerline Light Controls at the Juneau International Airport.  Such Funds, $301,358, Provided by the Federal Aviation Administration and $10,045, Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.


This ordinance appropriates $311,403 as an amendment to Federal Aviation Administration grant AIP 21, Runway Rehabilitation and $10,045 in matching funds from the Alaska Department of Transportation and Public Facilities.


The original grant provided funds for the rehabilitation of the runway at the Juneau International Airport, which included installation of centerline lights.  After installation of the centerline lights, it was determined that the lights need to have a control installed so their intensity can be adjusted.  This amendment provides funding for the light controls. 


In addition, the amendment will fund design costs for the Runway Rehabilitation construction project, which exceeded the design grant.  The City has funded the excess design costs with Passenger Facility Charge revenue pending receipt of the FAA grant amendment.


After the FAA and DOTPF grant amendments are received, the Passenger Facility Charge revenue will be transferred back to the Airport Revolving Capital Reserve Account.



I recommend this ordinance be adopted.


Public Hearing

Assembly Action


Ordinance No.  99-17 (AJ)

An Ordinance Appropriating to the Manager The Sum Of $4,108,429 for Construction of Phase I of the Runway Safety Areas and for Environmental Work for Future Runway Safety Area Construction Affecting Wetland Areas at the Juneau International Airport.  Such Funds, $4,045,577, Provided by the Federal Aviation Administration and $134,852, Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.


This ordinance appropriates $4,045,577 in a Federal Aviation Administration (FAA) grant and $134,852 in Alaska Department of Transportation and Public Facilities matching grant for construction of phase 1 of the runway safety areas, and for environmental work related to proposed expansion in areas designated as wetlands at the Juneau International Airport.


The runway safety area project is a high FAA priority.  Phase I of the construction will construct safety areas parallel to the existing runway in locations that do not require environmental permits.  Besides increasing safety at the airport, this phase will improve drainage of the main runway, which should improve the efficiency of snow removal.  The project also includes construction of a new perpendicular taxiway to ease congestion on the runway.


Total project cost of phase I is $4,315,282.  Passenger facility charges (PFC’s) will provide the local match of $134,853.


The adoption of this ordinance is contingent upon receiving notice of the FAA grant award.  It is anticipated that the FAA will notify the City of the grant award prior to the Assembly Meeting of June 5, 2000, but not in time to include the documentation in the packet.  The grant award notice will be a red folder item that will be available the night of the June 5 Assembly Meeting.  The amount of the ordinance may have to be amended to reflect the amount of the grant award.


I recommend this ordinance be adopted.


Public Hearing

Assembly Action


UNFINISHED BUSINESS



NEW BUSINESS


STAFF REPORTS ON NON-AGENDA ITEMS


Negotiations for the lease or sale of land to PTI Communications.


The Lands Committee, at its meeting of May 25, 2000, recommended that the manager be authorized to enter into negotiations with PTI Communications for the lease or sale of City and Borough land along Hospital Drive and the Mendenhall Peninsula for the purpose of constructing telephone-switching stations. The switching stations are typically 15 feet by 18 feet. However, a 50-foot by 50-foot site is needed to accommodate parking.


The Mendenhall Peninsula site will be situated to accommodate the future subdivision of the adjacent CBJ land. The Hospital Drive site cannot be used by the hospital because of topographic constraints. The plan will be to sell or lease sufficient land for PTI’s purposes and sell the remainder of the property to Southeast Alaska Regional Health Consortium which owns the adjacent office building and needs additional parking.


After Planning Commission review, the proposals will be brought back to the Assembly in the form of an ordinance.


I request that the Assembly adopt a motion which authorizes the manager to enter into negotiations for the sale or lease of these properties.


ASSEMBLY REPORTS ON NON-AGENDA ITEMS


Committee Reports


Liaison Reports


Presiding Officer Reports



ASSEMBLY COMMENTS AND QUESTIONS


CONTINUATION OF PUBLIC PARTICIPATION ON PUBLIC PARTICIPATION ON NON-AGENDA ITEMS


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.