November, 1995 Manager's Reports



TO: Mayor and Assembly DATE: November 6, 1995

FROM: David R. Palmer

City and Borough Manager

SUBJECT: Manager's Report - Regular Mtg. No. 95-41


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SPECIAL ORDER OF BUSINESS:

1. The Swearing In of New Member: Cathy Muñoz, Assemblymember - District 1

CONSENT AGENDA:

A. Ordinance for Introduction:

1. Ordinance No. 95-39

The costs of incarcerating people convicted of violating ordinances can be substantial. Currently they average $60.00 per day if housed at Gastineau Human Services and over $100.00 per day if held in Lemon Creek Correctional Facility. The city and borough can attempt to recover these costs through the sentence imposed by the court. This has been done in some cases, but there is some doubt as to whether it is possible in all cases without an authorizing ordinance. The ordinance now before the Assembly will resolve these doubts.

At this point it is not possible to accurately predict the economic impact of revenue that might be generated by this ordinance: it will depend on resources available from a variety of defendants and the sentencing practices of several judicial officers. We should be in a better position to make an accurate estimate after more experience with a reimbursement program.

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

2. Ordinance No. 95-11 (V)

This appropriation will transfer $160,000 from the Water Extension Fund to the White Subdivision for water improvements. The entire project will resurface the road, install a sewer line and relocate electric and telephone service in addition to water improvements. Additional funds for the project will be provided by FY97 Street Sales Tax, a Local Improvement District, and other CBJ funds to be appropriated at a future date. The total project costs are anticipated to be $834,034.

After this ordinance is adopted, the available fund balance in the Water Extension Fund will be $140,385. This ordinance will have economic impacts as indicated in the Economic Impact Note included in your packet.

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

3. Ordinance No. 95-11 (W)

This ordinance authorizes the appropriation of $170,000 from the Lands Fund to purchase Lots 41 and 42, S.S.G. Subdivision, located on Commercial Boulevard in Lemon Creek, adjacent to the Public Works Department Utilities Shop. The property will be used for the construction of a street maintenance facility and a household hazardous waste collection center. The purchase price is $165,000. The CBJ Assessor has reviewed the purchase price and determined it is a fair price and representative of the current market. An additional five thousand dollars is necessary to cover closing costs.

The Public Works and Facilities Committee discussed this appropriation at its meeting October 19, 1995 and recommended approval. The Assembly Lands Committee addressed this issue at its October 25, 1995 meeting and also recommended approval.

Assemblymember MacKinnon has requested the Assembly review the overall project at a meeting of the Committee of the Whole. Once the Assembly Committee of the Whole completes its review, I will prepare and introduce the remaining package of appropriation ordinances to fund the construction of the facilities.

A vicinity map and additional background information are included in your packets.

The Lands Fund has a current balance of $2,114,000. This ordinance will have economic impacts as indicated in the Economic Impact Note attached to the ordinance in your packet.

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

B. Resolutions:

1. Resolution No. 1789

Resolution 1789 lists the capital project priorities of the City and Borough of Juneau for funding in Fiscal Year 1997 through the State of Alaska's Municipal Capital Projects Matching Grant Program. Juneau expects to receive approximately $750,600 in state funding for capital projects from this grant program in FY 97, subject to a 30 percent local match requirement. A prioritized list of capital projects and the Assembly resolution must be submitted to the State Office of Management and Budget by November 20. This list was reviewed and approved by the Public Works and Facilities Committee on October 19. Included in your packet are the grant application forms that briefly describe each CIP project on the list.

I recommend that this resolution be adopted and submitted to the State of Alaska Office of Management and Budget.

2. Resolution No. 1790

Resolution No. 1790 lists the capital projects to be included in the Fiscal Year 1997 request to Governor Knowles and the Alaska State Legislature for direct project grants for the CBJ. The list was composed by the Assembly Public Works and Facilities Committee through a public process. The list will be forwarded to the Governor and Legislature as soon as possible for their consideration during the FY 1997 State Budget process. Included in your packet are brief descriptions of each capital project on the list.

I recommend that this resolution be adopted.

3. Resolution No. 1791

This resolution accepts the distribution of Federal Fiscal Year 1995 National Forest Receipts. CBJ is eligible for a portion of the federal revenue received by the state from the sale of timber in the Tongass National Forest. In order to receive this funding, the CBJ must adopt and transmit an acceptance resolution to the State of Alaska Department of Community and Regional Affairs. The CBJ FY96 Roaded Service Area Budget included $250,000 for forest receipts. The current estimate of Forest Receipts for CBJ FY96 is $750,000. CBJ will receive the funds at the end of December.

I recommend that this resolution be adopted.

4. Resolution No. 1792

This resolution allows the CBJ to accept funds from the Alaska Shared Fisheries Business Tax Program through the State of Alaska Department of Community and Regional Affairs. Tax collected from fish processors outside a municipality is allocated to municipalities in order to compensate the local governments for the economic impact from the fisheries. The CBJ is located in a region that qualifies for the "short form application" which requires the passage of a resolution.

The resolution states that the City and Borough of Juneau is impacted by the fishing industry and requests participation in this program. The CBJ will receive approximately $8,000 under this program.

I recommend that this resolution be adopted.

5. Resolution No. 1793

This resolution adds range 76 to the existing salary schedule for executive, professional and administrative employees. The Deputy City Manager is presently assigned to the same pay range (range 75) as department directors, as range 75 is the maximum existing range. This additional pay range is requested to recognize the higher level of responsibilities and authority vested in the Deputy City Manager position. This is now a single position job class, following the appointment of Dave Palmer as City Manager and the reorganization of the Engineering Department.

There are no other proposed changes to the existing salary schedule.

I recommend that this resolution be adopted.

C. Transfer Request:

1. Transfer No. T-577

Ordinance No. 95-11 (U) appropriates FAA and DOT/PF grant funds for Blast Pads and Hardstand Rehabilitation and Chip Seal of the Main Ramp and a portion of the Taxiway. This transfer will provide matching funds from an Alaska Department of Administration (DOA) Grant No. 8/94-014 for the project. The remaining match of $17,500 was appropriated during the FY95 CIP Budget process.

After this transfer is approved the project balances will be as follows:


                                  Project                  Project

                                  Increase               (Decrease)          Budget

A345-06 Airport Construction State Match II (23,625) 13,767

A345-21 Blast Pads, Hardstands, Chip Seal 23,625 1,316,000

I recommend that this transfer be approved.

D. Assembly Contingency Report:

1. Contingency Report for Period July-September, 1995

The report included in your packet shows expenditures from the Assembly's budget, contingency accounts, for the period July through October, 1995. This report will be provided on a quarterly basis.

ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 95-38

This ordinance makes several changes designed to simplify procedures for appeals. It eliminates several redundant provisions in the list of subjects to be discussed at the prehearing conference, removes some confusing language regarding introduction of evidence not presented to the agency appealed from, deletes the requirement that the attorney advisor accompany the body for deliberations, and establishes a presumption that deliberations will be conducted in executive session. Currently, the Assembly votes on whether or not to retire for deliberations, but this vote is not required by the Open Meetings Act, which gives special status to quasijudicial proceedings.

This ordinance will have no economic impact.

I recommend that this ordinance be adopted.

2. Ordinance No. 95-11 (T)

At its regular meeting of September 28, 1995, the Docks and Harbors Board voted unanimously to locate the Dockside Restrooms (which were displaced by the Mt. Roberts Tram) to Harris Harbor. That site was selected because Douglas and Statter already have fixed restrooms within walking distance and relocation to Aurora would be too expensive at this time.

The estimated project cost to install restrooms at Harris Harbor is $100,000, which includes the following components: Bank stabilization - $25,000; sewer line/lift pump - $25,000; foundation/paving - $25,000; building transportation/rehabilitation - $5,000; recycling station - $10,000; contingency - $10,000. Funding for this project would be $50,000 each from the Docks and Harbors Retained Earnings.

This action will have economic impacts as described in the Economic Impact Note attached to the ordinance in your packet.

After this ordinance is adopted, the balance of the Docks Unreserved Retained Earnings will be $598,100, and the balance of the Harbors Unreserved Retained Earnings will be $131,000.

I recommend that this ordinance be adopted.

3. Ordinance No. 95-11 (U)

The CBJ has received grants from the FAA and Alaska Department of Transportation and Public Facilities (DOTPF) for Blast Pads and Hardstand Rehabilitation and Chip Seal of the Main Ramp and a portion of the Taxiway. (Blast Pads are located beyond the end of the runway to prevent scouring by jet engine blast; Hardstands are concrete reinforced areas where jet aircraft park.)

The total project cost is $1,316,000. FAA is funding the project at $1,233,750 (or 93.75% of total project cost); DOTPF is funding the project at $41,125 (3.125% of total project cost); and the CBJ is providing a match of $41,125 (3.125% of project cost). The source of the CBJ match is FY95 Sales Tax ($17,500), appropriated for this project through the FY95 CIP Budget process, and an Alaska Department of Administration (DOA) Grant No. 8/94-014 ($23,625). Transfer Request No. T-577 is on the Consent Agenda for tonight's meeting, to transfer these DOA funds into the project.

This action will have economic impacts as described in the Economic Impact Note attached to the ordinance in your packet.

I recommend that this ordinance be adopted.

UNFINISHED BUSINESS:

NEW BUSINESS:

ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

1. Energy Advisory Committee Letter Regarding Lake Dorothy Hydro

The Energy Advisory Committee has submitted a request that the Assembly endorse a letter to Alaska Energy Resources regarding the preliminary permit application on Lake Dorothy Hydro. The committee's letter, as well as my response dated October 19, are included in your packet.

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

2. Vivian Kirkevold Land Trade

The Fire Department and the Lands and Resources Office have been working with Vivian Kirkevold regarding a trade of land with her Auke Bay RV Park and the Auke Bay Fire Station. The land trade will allow Mrs. Kirkevold to retain possession of one of the access roads to her RV park and also allow an expansion of eight additional RV spaces. The Fire Department will receive title to a 14,415 square foot lot owned by Mrs. Kirkevold directly behind the existing fire station. This trade will allow for more expansion opportunities for the fire station in the future. The trade will be negotiated for equal values of land.

The Fire Department is satisfied that the adjustment of the property boundary along the common property line with Mrs. Kirkevold will not materially affect the existing station. Additionally, they are in agreement that the addition of land behind the station will be of future use for expansion purposes.

The Assembly Lands Committee discussed this issue at its October 25 meeting, and is recommending that the Assembly make a motion which will authorize the manager to commence negotiations for an equal value land exchange. Once the specific terms of the trade are agreed upon, and the Planning Commission has completed its review of this proposal, an ordinance will be presented to the Assembly for approval of the final terms.

3. Taku Terrace Condominiums Land Sale

On June 26, 1970 the City of Juneau leased a 0.63 acre portion of U.S. Survey 655 located adjacent to Evergreen Cemetery for the development of the 35 unit Taku Terrace Condominiums. The lease was for a term of 90 years. The condominium association has requested to purchase the property from the City & Borough so that they can retain permanent interest in their condominium units. Otherwise, the value of the units will diminish over time as the lease term expires.

The lease to Taku Terrace was on very favorable terms for the condominium owners. The land lease rate is only $205.82/month which is based on a land value of $1.50/sq. ft. However, the lease only allows increases every ten years and also places a 20% cap on the amount of increase. The CBJ Assessor's Office has indicated that the current market value of the land is closer to $7.00/sq. ft. Based on the fact that the lease rate is only 20% of the market rate and that there are restrictions on raising in the future, it would make financial sense to sell the property at this time. This will provide the CBJ with a sum of cash at this time and provide long term security for the residents.

There are some subdivision requirements such as abutting a dedicated public right of way which may require a variance from the Planning Commission. This is because the parcel is technically landlocked and has access through other private property. The Planning Commission will also be asked to make a recommendation on the sale of this property.

The Assembly Lands Committee reviewed this proposal at its regular meeting of October 25, and recommended that it go to the Assembly for approval.

There is justification for the negotiated sale of this property to Taku Terrace Condominiums because of the lease commitments which have been made. I recommend the Assembly adopt a motion authorizing a negotiated sale. The terms of such a sale will come back for further review in the form of an ordinance.

Manager's Report - Information Items:

1. Traffic Study - Speed Bumps

The City/Borough is developing a systematic approach to dealing with neighborhood residents that report numbers of traffic violations. The approach will generally be as follows:

Complaints should be registered with the Juneau Police Department. They can be sent to the Police Department at 210 Admiral Way, Juneau AK 99801 or can be called in to the business number, 586-2780.

The Police Department staff will review the complaint. If the Department believes that it can handle the complaint without the assistance of other departments, it will do so and report back to the person sending in the complaint. An example might be that a particular person frequently drives the wrong way on a one way street, exceeds the speed limit or drives through a stop sign without stopping. The Police Department would handle this type of complaint directly, unless it believes that some action needs to be taken by another department. If the Police Department believes that increased traffic patrols would help, then those would be initiated with the resources available. On the other hand, the Police Department might ask the Public Works Department to improve signage, change speed limits, change parking, etc.

If it appears that the concerns are more systemic, e.g. a large number of persons routinely violating the speed limits, the Police Department will forward the complaint to the Public Works Department. The Public Works Department will map the complaints by area and compile them, and review them.

If the Public Works Department can correct the problem through simple measures approved by the Manual of Uniform Traffic Control Devices and the applicable CBJ ordinances, it will attempt to do so. These improvements might include regulatory changes, such as modifications of speed limits, parking changes or intersection control. The changes also might include installation of warning signs, object markers, and other traffic control devices.

The Public Works Department would also collect any data on traffic volumes, speed, roadway conditions, etc. that might be helpful.

If there is a significant public concern expressed, or the problem seems to be resistant to solution through relatively straightforward measures, a public meeting will be scheduled. The meeting will inform the participants of the data that has been collected, the nature of the problem, and the measures that have been taken and can be taken to reduce the problem. Participants at the meeting will be asked for their ideas and help and will be instructed on how to help solve the problem.

Several ways that the public might be asked to participate include:

1) Reporting violations to the Police Department.

2) Tracking traffic speed with a radar gun.

3) Assisting in collecting data from drivers.

4) Helping educate other neighborhood drivers, hand out brochures, etc.

The meeting may result in changes in traffic management that everyone agrees would be helpful. If so, these measures will be undertaken if funds are available.

These measures will be tried for a year. If they do not result in the reduction of the problem, another meeting will be held to discuss potential structural solutions. These might include:

1) Closure or cul-de-sac construction on through streets.

2) Installation of traffic circles or other systems to "calm traffic."

3) Installation of roadway surface modifications, such as speed humps, rumble strips, etc.

4) Roadway improvements such as widening, sidewalks, etc.

5) Other measures identified at the meeting.

As funds are available, the measures agreed upon will be undertaken.

The area will be monitored to determine the effectiveness of the improvements. As needed, other measures will be taken.

There are several candidate areas for this program. At present these include the Basin Road/Gold Street/ Seventh and Eighth Street areas. A letter has gone out to the residents in this area with a copy of the Basin Road Traffic Study and other information, informing them that there will be a public meeting in the spring. The Threadneedle/Trafalgar area will also be a candidate for this process; a public meeting will be scheduled to discuss traffic problems in spring.

One technique which will be shortly considered in Anchorage is the use of radar camera speed enforcement. These units videotape vehicles as they are driving and superimpose on the tape the time and speed of the vehicle. Speeding tickets are mailed to the registered owner of the vehicle. In the majority of cases the driver will be identifiable on the picture. CBJ staff will monitor Anchorage's experience with this system, which will go into effect in school zones in the next two months.

2. City Manager's Third Quarter Report to the Assembly

Your packet contains the manager's third quarter report to the Assembly, for the period July - September, 1995.

C. Attorney's Report:

1. Design Review

Included in your packet is a memo from the City Attorney regarding Design Review.

2. Law Department's Third Quarter Report to the Assembly

Your packet contains the Law Department's third quarter report to the Assembly, for the period July - September, 1995.

DRP:dmh


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