City and Borough of Juneau, Alaska Manager's Reports

January, 1996



TO: Mayor and Assembly DATE: January 8, 1996

FROM: David R. Palmer

City and Borough Manager

SUBJECT: Manager's Report - Regular Mtg. No. 96-01


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SPECIAL ORDER OF BUSINESS:

1. Housing Report

The Assembly Lands Committee met at a special meeting January 3, 1996 to discuss the development of housing programs for both legislative/seasonal housing and affordable (low and moderate income) housing. The Lands Committee is recommending proceeding with a request for proposals for the development of legislative/seasonal housing in the downtown area. The specifics of this proposal will be presented to you as a red folder item for tonight's meeting. The amount and source of funding for this project still need to be determined.

The Lands Committee will also be meeting Thursday, January 11, 1996 in Room 211 of the Municipal Building to continue their discussion of the development of an affordable housing program.

CONSENT AGENDA:

A. Ordinances for Introduction:

1. Ordinance No. 96-01

This ordinance authorizes an equalvalue land exchange between the City and Ms. Vivian Kirkevold. The parcels of land are located in the vicinity of Auke Bay Fire Station. The exchange will benefit Ms. Kirkevold by providing her a second access route into her RV park and allow her to expand the park. The exchange will benefit the City by providing additional space to accommodate future expansion of the fire station.

The negotiation of the land trade has been completed pursuant to Assembly direction of November 6, 1995. The Planning Commission approved the concept of the land trade at its meeting of November 13, 1995.

The land exchange is considered equal value, despite the slight difference in square footage between the two parcels. This is due to the fact that the land the City is conveying to Ms. Kirkevold has a higher unit value because of its adjacency to Glacier Highway.

In addition to taking action on this ordinance, the Assembly is requested to review the "Agreement for the Trade of Land" document included in your packets. The ordinance and motion are separate but related actions. The ordinance authorizes the broader terms of the land exchange. The motion will approve the specific terms and conditions of the exchange agreement.

This ordinance will have no economic impact.

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting. Upon adoption of the ordinance, I recommend that the Assembly approve, by motion, the "Agreement for Trade of Land".

2. Ordinance No. 96-02

This ordinance provides that voting on introduction of an ordinance is exempt from the conflict of interest code. This change will end the inefficient practice of removing items from the consent agenda so that a member with a conflict can step down. The ordinance will also adopt the state practice of granting waivers in appropriate cases to former municipal officers who wish to seek postCBJ employment involving matters they worked on while in municipal service.

A conservative reading of the Conflict of Interest Code requires Assemblymembers with a personal or financial interest to avoid voting on introduction of an ordinance. Introduction of an ordinance is usually a part of the consent agenda, so the business of avoiding a conflict requires that that item be removed from the consent agenda so that the member can step down while the ordinance is introduced. This takes several minutes and accomplishes little of significance: introduction of an ordinance is largely a ministerial matter that usually poses no serious ethical issues.

The Conflict of Interest Code prohibits former CBJ officers, from advising any person regarding a matter that the officer worked on while in municipal service. The term "officer" includes employees, board members, and elected officials. This code provision can make it difficult for former officers, especially those in senior positions, to find employment after leaving the city. This hardship is often necessary in order to protect the public from abuses of trust by municipal officers. In some cases, however, the hardship serves no useful purpose.

This provision of our Conflict of Interest Code is based on AS 32.52.180, which is part of The Alaska Executive Ethics Act. The language establishing the limitation on former officers is substantially similar in the statute and the ordinance, but the statute includes a waiver provision which is not found in the ordinance. The waiver language is found at AS 32.52.180(c) and reads as follows:

(c) The head of an agency may waive application of (a) of this section after determining that representation by a former public officer is not adverse to the public interest. The waiver must be in writing and a copy of the waiver must be provided to the attorney general for approval or disapproval.

This ordinance would establish a similar waiver procedure in the CBJ code, and would add several criteria for deciding when a waiver is "not adverse to the public interest."

This ordinance will have no economic impact.

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

3. Ordinance No. 96-03

The purchasing code does not inform bid protestors of the time limit for appealing a decision of the Manager. This is probably an oversight from the last amendment to the bid protest code section. This ordinance will establish a 5-day limit.

This ordinance will have no economic impact.

I recommend that Ordinance No. 96-03 be referred to the Bidding Review Board.

4. Ordinance No. 96-04

This ordinance authorizes the manager to convey a 0.46 acre portion of CBJ land located in North Tee Harbor to Tom Kocyba for inclusion in a subdivision development which Mr. Kocyba has been working on for many years.

Mr. Kocyba intends to subdivide a 5 acre portion of U.S.S. 377 which he owns into six lots. As part of this development, 0.46 acres of CBJ land within Lot 2, U.S.S. 3764 is needed. Additionally, a new right-of-way from Cohen Drive needs to be dedicated to provide for access which better conforms to the topography. The existing right-of-way was part of a paper plat which is too steep to construct.

The sale price of the property is $13,800 which is the fair market value of the land as determined by the Assessor based on a unit value of $30,000 per acre. Payment would be in a lump sum at the time of closing.

The Planning Commission approved the preliminary plat for the subdivision and the sale of land at its June 13, 1995 meeting. The Assembly Lands Committee approved the sale of land at its June 28, 1995 meeting.

This land sale will culminate many years of effort to allow the Kocyba property to be subdivided. The background and history of the project is contained in the attached report to the Planning Commission regarding the subdivision.

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.

B. Resolution:

1. Resolution No. 1800

The Advisory Committee on Housing dissolved on June 30, 1994, under the "sunset" section of Resolution No. 1511. This resolution reestablishes the Advisory Committee on Housing and extends the Committee term to June 30, 1999.

I recommend that this resolution be adopted.

C. Transfer Request:

1. Transfer No. T-580:

This request is for a transfer of $36,300 from the Retaining Wall Reconstruction project. This transfer will accomplish two things, 1) it will cover the final project costs (DBE bonus award and tree replacement) for the Calhoun Street Reconstruction Project, (transfer of $6,300), and 2) it will allow the Judy Lane project to also include reconstruction of a retaining wall on Rhinehardt Street and meet the engineer's estimate for overall costs for this project (transfer of $30,000). The Calhoun Street project will be closed out once these final costs have been paid; the Judy Lane project is still in progress.

After this transfer request is approved, funds available balance will be as follows:

 Project Number/     Project Budget             Funds

 Name                   After Transfer          Available        Status

R412-47/ Retaining Wall Reconstruction $ 83,700 $ 61,260 on-going

R412-20/ Calhoun Ave. Sidewalk 1,929,053 9,534 on-going

R412-44/ Judy Lane/ Coleman St. Reconstruction 428,900 329,448 on-going

I recommend that this transfer be approved.

2. Transfer No. T-581:

This project will fund design of improvements to the Auke Bay Wastewater Treatment Plant. The plant is experiencing hydraulic overloading which is expected to increase when new services such as the UAS housing and Goat Hill Phase II sewer are connected. The Public Works Department recently contracted with Montgomery-Watson to review the plant conditions and prepare a letter report. The report recommends an expansion of the plant buildings, a new larger secondary clarifier and other improvements. This appropriation was reviewed and approved by the Public Works & Facilities Committee at its December 13 meeting.

After this transfer request is approved, funds available balance will be as follows:

 Project Number/  Project Budget     Funds  

  Name            After Transfer     Available  Status

U110-82/ Mendenhall Valley Sewer Treatment Facility $23,136,971 $517,439 complete; will be closed upon resolution of EPA audit. All remaining funds are for audit/Sewer projects.

U484-53/ Auke Bay Sewer Treatment Plant Facility 75,000 75,000 new project

I recommend that this transfer be approved.

3. Transfer No. T-582

This request is for $25,026 to be transferred to the Municipal Wharves Water System Upgrade project, to cover probable shortfall due to higher than anticipated engineer's estimates. This transfer will also close out the Port Facility Consulting and the Juneau Fisheries Uplands projects, as these projects are completed.

After this transfer request is approved, funds available balance will be as follows:

Project Number/  Project Budget   Funds  

Name             AfterTransfer   Available    Status

H01-90/ Port Facility Consulting $ 46,709 $ -0- closed

H03-91/ Juneau Fisheries Uplands 508,565 -0- closed

H354-60/ Intermediate Vessel Float Gangway Upgrade 132,700 11,531 on-going

H354-59/ Municipal Wharves Water System Upgrade 125,026 116,663 on-going

I recommend that this transfer be approved.

D. Certificate of Public Convenience and Necessity:

1. Juneau Highlights Taxi and Tours

Scott Arthur, dba Juneau Highlights Taxi and Tours, has applied for a new certificate of public convenience and necessity for for-hire vehicles for a taxicab certificate for one vehicle. Mr. Arthur currently holds a bus certificate.

In accordance with CBJ 20.40.050, after the Assembly holds a public hearing, the Assembly must determine that the application "is fit, willing, and able to perform such transportation and to conform to the provisions" of the code. In making the findings, the Assembly must "take into consideration the character, experience and responsibility of the applicant, and the public health, safety and welfare." For taxicabs, the code requires that:

The holders of certificates shall maintain a central place of business, and, in the case of taxicabs, the same shall be kept open twenty-four hours per day for the purpose of receiving calls and dispatching cabs.

I recommend that the Assembly grant a taxicab certificate to Scott Arthur for Juneau Highlights Taxi and Tours to operate one vehicle.

ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 95-40

This ordinance provides a simplified permitting procedure for land owners wanting to consolidate four or fewer lots into one. Currently, these actions are governed by the minor subdivision ordinance, which requires a survey and payment of a fee of at least $120. The ordinance will reduce the fee to $75 and eliminate the survey requirement. The ordinance includes standards to prevent zoning and building violations, and to insure that property taxes are paid before the consolidation is allowed.

This ordinance will have no economic impact.

At its meeting of November 28, the Planning Commission reviewed this ordinance and recommended that it be forwarded to the Assembly for adoption.

I recommend that this ordinance be adopted.

2. Ordinance No. 95-41

This ordinance deletes a code section which specifies that protective inspection is performed by the Community Development Department. The amendment will give us the flexibility to assign permitting chores to the department and division best able to perform the job.

This ordinance will have no economic impact.

I recommend that this ordinance be adopted.

3. Ordinance No. 95-11 (AA)

This ordinance appropriates $225,000 from the general fund unappropriated fund balance for repairs necessary to the Mendenhall Riverbank on the Riverbend School site. Failure of the rip rap placed to control erosion on both the CBJ site and the adjacent Alaska Housing Finance Corporation (AHFC) site creates a need for immediate repairs by both the CBJ and AHFC. Because the work is essentially one continuous project, spanning the two properties, and because coordination, permitting, liability, and cost factors all favor one project by one designer and one contractor, the CBJ proposed to enter into an agreement with AHFC to jointly share in the cost of the work. AHFC will obtain design and project administration services, and will bid the project. CBJ will reimburse AHFC for a pro rata share of the project cost.

The agreement with AHFC estimates total project costs at $225,000 for the CBJ share. Estimates increase up to $302,000 if the work is completed at a later date, and if failure of the existing bank accelerates.

Both CBJ and AHFC will make demands upon the parties from whom the property was purchased, or other parties responsible for the design or construction of the existing, failing, rip rap. The CBJ and AHFC have finalized this agreement, pending Assembly approval of this ordinance.

After this ordinance is adopted, the Unappropriated General Fund Balance will be $4,292,300. This ordinance will have economic impacts as described in the Economic Impact Note included 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 Item:

B. Manager's Report - Information Items:

1. Land Disposal - Status Report

Included in your packet is the status, as of January 2, 1996, of the city land disposal projects.

2. The status report on the Golf Course project is scheduled for the next regular meeting.

3. The Salmon Creek Reservoir is completed and on line

4. Surplus "telemetry" microwave radio equipment has been converted for public safety radio communications.

C. Attorney's Report:

DRP:dmh


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