CBJ Manager's Reports--August, 1995

TO: Mayor and Assembly DATE: August 7, 1995

FROM: David R. Palmer

City and Borough Manager

SUBJECT: Manager's Report - Regular Mtg. No. 95-31

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1. Report from the Mayor's Ad Hoc Committee on Assembly Districts

Members of the committee will present final reports.


A. Ordinances for Introduction:

1. Ordinance 95-30

Ordinance No. 95-30 will authorize the sale of a parcel of CBJ land in the vicinity of

Fred Meyer, above Glacier Highway. The land is described as a fraction of U.S.

Survey 3801 and encompasses approximately 25 acres. A vicinity map is included in

your packets. The subject property was identified for disposal in the recently adopted

City and Borough of Juneau Land Management Plan.

Although there is legal access to the CBJ property, none of those legal access points

provide practical access due to the steep topography. If the CBJ parcel is to be

subdivided and developed, it appears the purchaser will either need to be one of the

two adjoining owners with practical access or someone who has negotiated with one

of those two owners to obtain access across that privately-owned land.

The Assembly Lands Committee reviewed the proposed sale at its meeting July 26,

1995. The committee recommended the land be sold as a large tract in a competitive

bid sale open to the general public, with notice included in the bid packet informing

potential bidders about the significant access limitations. The fair market value of the

land will be determined and used as the minimum bid. The CBJ will retain an option

to repurchase the property if it is not developed for residential purposes within five

years of the date of sale.

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

next regular meeting.

2. Ordinance 95-31

This ordinance authorizes staff to negotiate and sign a sewer LID contract with

property owners on Greenwood Avenue. The code authorizes LID's by contract when

the owners of one hundred percent of the property bearing the cost of improvements

agree. Because a contract LID is consensual, procedures are informal: there is no

need for a public hearing to hear objections to formation of the LID, nor is there any

need to confirm an assessment roll. Assembly authorization by ordinance is required.

The ordinance sets out essential terms and provides some administrative procedures.

The code, and this ordinance, provide that unpaid contract amounts constitute a lien

on the property in the same manner as traditional LID's.

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

next regular meeting.

3. Ordinance No. 95-32

This ordinance establishes an exception to the purchasing code for lobbying services.

Introduction of the ordinance was directed by the Committee of the Whole at its

meeting of July 31.

The list of exceptions presently includes:

1. Contracts for legal, medical, engineering, and similar services;

2. Contracts where calling for bids on a competitive basis is unavailing or

impossible, as where rates are set by statute, or used items are involved;

3. Sole source contracts;

4. Placement of insurance coverage;

5. Force account work;

6. "Piggybacking" on state contracts;

7. When competitive procedure has been followed, but no bids are received;

8. Various kinds of medical supplies and equipment;

9. Electronic data processing software and hardware and software systems;

10. Selection and commission of artists and the purchase and execution of works

of art for municipal facilities;

11. Purchases of supplies, services or construction items during, and for the

purpose of alleviating, a Class 2 emergency.

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

next regular meeting.

4. Ordinance 95-11 (H)

This ordinance appropriates $750,603 for the ten grants awarded to the CBJ under

the Alaska Department of Administration (DOA) Municipal Capital Project Matching

Grant Program for the purposes stated below.

Local share for all projects will be provided from FY96 tax funds appropriated by the

FY96 Budget Ordinance 95-11, as prioritized by Resolution Serial No. 1767, at

levels either equal to or greater that the match requirement.

Project #1: ADA Compliance: Accessibility Projects D374-34

A continuing fund established to bring CBJ facilities, buildings and transit vehicles

into compliance with the ADA. Projects are recommended annually by the CBJ

Accessibility Task Force.

FY96 Project Funding:

DOA Grant: $35,000

Local Match: 15,000

Total $50,000

After this ordinance is adopted the project budget will be $150,000.

Project #2: Police: Integrated Computer Records System F413-06

Funding for the second phase of an integrated computer records system for the Police

Department. FY96 funding would be used to begin purchasing and installing

equipment. Previous State and local funding was provided in FYs94 and 95.

FY96 Project Funding:

DOA Grant: $175,000

Local Match: 75,000

Total $250,000

After this ordinance is adopted the project budget will be $600,000.

Project #3: Underground Fuel Storage Tanks PW1-90

Replace underground fuel storage tanks at several CBJ fire stations. Continuation of

a project that received $345,000 in State and local funding in FYS 94 and 95.

FY96 Project Funding:

DOA Grant: $140,000

Local Match: 60,000

Total $200,000

After this ordinance is adopted the project budget will be $756,633.

Project #4: Replace Hooter Chairlift Cable D374-40

Replace worn cable to ensure safety. Actual replacement timing depends upon the

result of annual inspections.

FY96 Project Funding:

DOA Grant: $21,000

Local Match: 9,000

Total $30,000

After this ordinance is adopted the project budget will be $30,000.

Project #5: Facilities Fire and Safety Code Compliance P396-10

A new continuing CIP fund for correction of Fire and Safety Code compliance

problems at CBJ facilities.

FY96 Project Funding:

DOA Grant: $140,000

Local Match: 60,000

Total $200,000

After this ordinance is adopted the project budget will be $200,000.

Project #6: Fire Station Exhaust Ventilation System F413-08

Upgrade all five fire stations to meet OSHA air quality standards for the workplace.

Diesel exhaust is now considered a carcinogen. The exhaust fumes must be collected

and vented to the outside of the buildings.

FY96 Project Funding:

DOA Grant: $ 70,000

Local Match: 30,000

Total $100,000

After this ordinance is adopted the project budget will be $100,000.

Project #7: Biohazard Cleanup Decontamination System F413-09

Upgrade fire stations to meet OSHA standards on blood-borne pathogens. Construct

decontamination areas. Upgrade station to allow for decontamination of fire fighting

equipment and clothing contaminated with toxic chemicals.

FY96 Project Funding:

DOA Grant: $105,000

Local Match: 45,000

Total $150,000

After this ordinance is adopted the project budget will be $150,000.

Project #8: General Park Repairs and Safety Improvements P396-02

Conduct a variety of repairs and safety improvements to CBJ parks and recreation

facilities. In FY96, these will include replacement of failing light standards and sports

field repairs.

FY96 Project Funding:

DOA Grant: $35,000

Local Match: 15,000

Total $50,000

After this ordinance is adopted the project budget will be $115,569.

Project #9: Mount Jumbo Fire Safety Improvements P396-11

Conversion of the sprinkler system from wet to dry and installation of a smoke

detector system. Conversion of the sprinkler system will prevent freezing and

bursting pipes on the unheated third floor which is now used for CBJ records storage.

FY96 Project Funding:

DOA Grant: $21,000

Local Match: 9,000

Total $30,000

After this ordinance is adopted the project total will be $30,000.

Project #10: Health and Social Services Major Building Maintenance and

Repair D374-21

Repairs include improvement of the ventilation system, electrical service, and of

interior improvements.

DOA Grant: $ 8,603

Local Match: 191,400

Total $200,003

After this ordinance is adopted the project total will be $470,203.

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

next regular meeting.

5. Ordinance No. 95-11 (I)

This project will bring water and sewer improvements to the Greenwood Subdivision

located off Wire Street, near Salmon Creek. The water system will be funded 100%

by the Water Extension Fund. The Sewer collection system will be funded 50% by

Contractual Local Improvement District (LID) No. 80 (Ordinance No. 95-31) and

50% by the Sewer Extension Fund.

Ordinance No. 94-17 (AS) authorized $316,000 for the project: $196,000 from the

Water Extension Fund and $120,000 from the Sewer Extension Fund. This ordinance

appropriates LID No. 80 in the amount of $93,533, which is one half of the estimated

total sewer cost of $187,065.

Ordinance No. 95-11 (I) would become effective upon its adoption and adoption of

Ordinance No. 95-31 which establishes contractual LID No. 80 between the property

owners and the CBJ.

Once Ordinance Nos. 95-31 and No. 95-11 (I) are adopted, the project budget will

be $409,533.

This ordinance, appropriating the LID funds, is being introduced simultaneously with

Ordinance No. 95-31 to allow LID contracts to be issued and bids advertised during

the month of August. Timing is important in order to complete the project this fall,

which will greatly assist property owners with homes under construction.

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

next regular meeting.

B. Resolutions:

1. Resolution No. 1776

Resolution No. 1776 authorizes the manager to grant an easement across CBJ

property to Myron Klein for purposes of accommodating an existing water line that

extends from a natural spring to his trailer park, known as Churchill Park. The water

line also serves a commercial lessee within the park, a water bottling company. The

water line has served the trailer park since the late 1970's and the bottling company

since the late 1980's.

The trailer park and bottling facility are located in Lemon Creek, near the state prison.

The easement will be 30 feet wide and encompass approximately .73 acres. The

easement will begin at, and include, the natural spring that is the source of the water,

and extend southward to the boundary between CBJ property and State of Alaska

property. Mr. Klein will need to acquire a similar easement from the State Alaska to

authorize the portion of his water line that crosses State land.

This property is suitable for residential development and has been identified for

potential development in the recently adopted land management plan. The proposed

easement bisects the CBJ property. To preserve future options for developing the

CBJ property, the easement holder is required to relocate or remove the easement at

his expense in the event the CBJ elects to develop its property.

The Assembly Lands Committee and the Planning Commission have reviewed the

proposed easement at their meetings on June 14, 1995, and June 25, 1995,

respectively, and recommended approval, subject to conditions which have been

included in this easement.

I recommend that this resolution be adopted.

2. Resolution No. 1777

This resolution would adopt revisions to the CBJ 1996 - 1998 Needs List. The Needs

List is used by the State of Alaska Department of Transportation and Public Facilities

to prioritize statewide transportation projects funded through the federal "Intermodal

Surface Transportation Efficiency Act" (ISTEA). The CBJ Needs List has been

revised to reflect current priorities as well as to add several new projects. The Needs

List was reviewed and approved by the Assembly Public Works and Facilities

Committee on July 26, 1995. The list and project nomination forms are due to the

state no later than August 14, 1995.

I recommend that this resolution be adopted.


1. Ordinance No. 95-26

This ordinance authorizes the sale of approximately 10,350 square feet of CBJ land

located in the Highlands to Don and Marjorie Schmiege.

The Schmieges are owners of three lots along Evergreen Avenue in the Highlands.

Two houses are constructed on the three lots. Evergreen Avenue right-of-way abuts

the southerly portion of the Schmieges' lots; that portion of the right-of-way is not

constructed. The CBJ owns the land south of the right-of-way (Tract 3,

resubdivision of a fraction of the Irwin Addition). A service road bisects the CBJ

property. The road is used to service the nearby AEL&P flume; it is also a popular

hiking trail.

The new right-of-way location better conforms to the topography of the site. AEL&P

supports the right-of-way relocation. The Schmieges have sought and received

Planning Commission approval to relocate an undeveloped portion of the Evergreen

Avenue right-of-way from its present position to the existing service road.

The Schmieges have also requested to purchase the remnant CBJ land north of the

new right-of-way and attach it to their existing lots. The land sale is needed in order

to provide continued legal access to the Schmieges' property.

The Planning Commission, at its meetings January 25, 1994 and September 13, 1994,

approved the vacation of the subject portion of the Evergreen Avenue right-of-way

and the relocation of the right-of-way; the Planning Commission also recommended

approval of the land sale to the Schmieges.

The land sale must be approved in order to proceed with the right-of-way relocation.

Therefore, the vacation and relocation of the right-of-way are dependent upon the

Assembly granting approval to sell the subject CBJ property to the Schmieges. At its

meeting July 10, 1995, the Assembly by motion authorized staff to initiate

negotiations with the Schmieges.

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

I recommend that this ordinance be adopted.

2. Ordinance No. 95-27

This ordinance makes a variety of minor changes in Title 49, the Land Use Code. The

changes are directed at several subdivision design sections in the code. The most

significant amendment would allow residential street rights-of-way to be platted at 50

foot rather than 60 foot widths if the developer installs sidewalks along with the other


Another change of note would delete distinctions between service areas in applying

pavement requirements for new subdivision roads. The proposal is to use the Urban

Service Boundary established in the Comprehensive Plan to demarcate where paving

is required. The attached maps show the Urban Service Boundary as currently

proposed by the Planning Commission. The proposal is the same as the existing

boundary except for the lower Mendenhall Peninsula which is currently outside the


The draft ordinance was heard and unanimously approved by the Planning

Commission at its July 11, 1995, meeting (minutes are included in your packet).

This ordinance was reviewed by the Lands Committee at its regular July 26 meeting,

and unanimously approved.

I recommend that this ordinance be adopted.

3. Ordinance No. 95-11 (F)

This ordinance appropriates a state grant in the amount of $4,405 reimbursing the

CBJ partially for underground storage tank tightness testing into CIP PW1-90

Underground Storage Tanks.

The Underground Storage Tank project is for upgrading and replacing existing CBJ

underground fuel storage tanks so that they are in compliance with Environmental

Protection Agency (EPA) regulations.

I recommend that this ordinance be adopted.

4. Ordinance No. 95-11 (G)

This ordinance appropriates $1,200,000 from the Water Extension Fund to Phase I

of the North Lena to Tee Harbor water line project. $250,000 from the Water

Extension Fund has already been appropriated to this project for design. In addition,

$570,600 of this year's sales tax revenues has been transferred to this project.

Once this ordinance is adopted, the balance in the Water Extension Fund will be


I recommend that this ordinance be adopted.



1. Juneau-Vladivostok Sister City Committee Request - Games of Chance and Skill

The Juneau-Vladivostok Sister City Committee requests the Assembly approve a

motion to allow the Committee to apply for a Games of Chance and Skill permit from

the State. The Committee plans to raise funds for the youth exchange program and

other activities. Glenn Gray will serve as the primary member in charge of gambling

and Jack Cadigan will be the alternate member.

I recommend the Assembly move to approve the application for a Games of

Chance and Contests of Skill permit for use by the Juneau-Vladivostok Sister

City Committee with Glenn Gray as the primary member in charge of gambling

and Jack Cadigan as the alternate member.


A. Manager's Report - Action Item:

1. Chicken Ridge Historic Register - Nomination

The Alaska Historical Commission decided to take no action on the Chicken Ridge

Nomination at its recent July 20-21 meeting. There was little testimony and,

according to the Commission's staff, nothing new was heard. By doing nothing, the

Commission's previous action to support the nomination stands as direction to staff

to proceed with sending the nomination package to the federal level. The

Commission did ask its staff to send an inquiry to see if the Assembly does or does

not want to take a different position than it has already expressed.

The most recent official action by the Assembly on this subject was the adoption in

February, 1994 of Resolution No. 1686 (included in packet) which approved the

nomination and authorized the Alaska Office of History and Archaeology to submit

the nomination to the National Park Service.

Other information in your packet includes: recent correspondence on the proposal;

an August 2, 1995 letter reporting the outcome of the recent meeting of the Alaska

Historical Commission, at which the Chicken Ridge proposal was discusse; and, the

results of the opinion poll on the nomination.

No action by the Assembly would allow the nomination to proceed.

2. Report on Potential Litigation regarding Hedland, Fleischer, Friedman, Brennan &

Cook, Attorneys at Law (note: the Assembly may enter into Executive Session for

this item)

B. Manager's Report - Information Item:

C. Attorney's Report:


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