AGENDA/MANAGER'S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, March 17, 1997 - 7:00 PM

Assembly Chambers - Municipal Building

Meeting No. 97-07

Submitted by:

David R. Palmer


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I. FLAG SALUTE

II. INVOCATION

III. ROLL CALL

IV. APPROVAL OF MINUTES

1. 03/03/97 - Special Meeting No. 97-05

2. 03/03/97 - Regular Meeting No. 97-06

SPECIAL ORDER OF BUSINESS

V. MANAGER'S REQUEST FOR AGENDA CHANGES

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

VII. 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.

A. Ordinances for Introduction:

1. Ordinance No. 97-11

An Ordinance Amending the Purchasing Code to Establish a Ten-Day Period Within Which the Purchasing Officer May Decide a Protest, Providing for Appeal to the Bidding Review Board, and Specifying the Relief that May be Granted by the Board. Presented by the Manager.

The purchasing code currently provides that the purchasing officer shall "immediately" forward a bid protest to the Bid Review Board. This requirement, intended to streamline protests, has the disadvantage of denying the Board any staff analysis of the protest. The amendment will address the deficiency without unreasonably slowing down the protest process. Also included is a further refinement of what the Board may decide and direct as a result of a protest.

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

2. Ordinance No. 97-12

An Ordinance Amending the Land Use Code to Provide for Planned Unit Developments. Presented by the Manager.

This ordinance would establish standards and procedures for planned unit developments. This form of land use regulation allows for flexible and creative developments that make the best use of limited land resources.

Your packet includes a memorandum from Gretchen Keiser and a copy of the minutes from the February 25 Planning Commission meeting at which the Commission approved the ordinance, with certain reservations. The packet also includes a memorandum from the attorney addressing these reservations.

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

3. Ordinance No. 97-13

An Ordinance Amending the 1995 Update to the Comprehensive Plan of the City and Borough of Juneau by Changing the Designations of Land in the Vicinity of the Village and the Former Chevron Tank Farm as Shown on Map 6A. Presented by the Manager.

This ordinance amends the comprehensive plan to change the proposed land use classification for a small area near the former tank farm on Willoughby Avenue from General Commercial and Medium Density Residential to a special form of mixed use to be known as MU-1. The MU-1 designation will allow more development options, but will restrict building height and setbacks to maintain harmony with the current neighborhood.

I recommend that this ordinance be introduced and forwarded to the Planning Commission.

4. Ordinance No. 97-14

An Ordinance Authorizing the Negotiated Sale of Approximately 11,341 Square Feet of Municipal Land Located Along Lena Point Road to Reinhold and Cheryl Fluck and Roger and Pamela Walling, and Setting Forth Terms, Conditions, and Other Matters Related to the Sale. Presented by the Manager.

Ordinance 97-15 authorizes the negotiated sale of approximately 11,341 square feet of land located along the Lena Point Road to the adjacent property owners, Reinhold and Cheryl Fluck and Roger and Pamela Walling. The Flucks are owners of Lot 22, U.S. Survey 3055 on Lena Point. The Fluck property is landlocked and separated from the Lena Loop Road by a portion of Lot 1A, U.S. Survey 3808. The Wallings are the owners of Lot 21A, U.S. Survey 3055, a portion of which is also separated from the Lena Loop Road by a portion of Lot1A.

The existing driveway access to the Fluck property predates the purchase of the property by the Flucks in 1977. The Flucks have been pursuing acquisition of legal access since shortly after purchasing the property but were notified by both the U.S. Bureau of Land Management and the Alaska Department of Natural Resources that those agencies would not take action until the issue of the ultimate ownership of Lot 1A was resolved. Lot 1A is now owned by the CBJ and the Flucks and Wallings have requested to purchase that portion of the CBJ land located between their properties and the Lena Loop Road.

The whole of Lot 1A, totaling approximately 30 acres, was recently designated for park purposes in the Parks & Recreation Comprehensive Plan. The portion of the lot involved in the proposed land sale is a 1/4 acre corner triangle situated between Lena Loop Road and the Fluck and Walling properties. The area essentially functions as the front yards of Lots 22 and 21A, provides no real recreational value, and is not an integral part of the 30 acre park unit.

The sale of this land provides legal access to the Fluck property and improved access to the Walling property. The Fluck sale consists of approximately 11, 264 square feet with a fair market value of $19,712. The Walling sale consists of approximately 77 square feet with a fair market value of $135.

The Parks & Recreation Advisory Committee, at its February 18, 1997 meeting, the Planning Commission, at its February 25, 1997 meeting, and the Assembly Lands Committee, at its December 12, 1996 meeting, recommended approval of the land sale. The Assembly, at its meeting of February 3, 1997, adopted a motion authorizing the manager to negotiate the sale.

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

5. Ordinance No. 96-17 (AU)

An Ordinance Appropriating to the Manager the Sum of $195,000 For the Glacier/Willoughby Street Reconstruction. Such Funds, $130,000 Provided by the Sewer Fund Retained Earnings And $65,000 Provided by the Water Fund Retained Earnings. Presented by the Manager.

The Glacier /Willoughby Street Reconstruction Project is a joint effort of the CBJ and the Alaska Department of Transportation and Public Facilities. The first phase of this project, from 12th Street to Highland Drive, is scheduled for construction this summer. CBJ's share of the project is all utility relocation and improvement costs, including street lights. The State will pay for street reconstruction and drainage. Earlier appropriations from the Water and Sewer funds provided for the design of the water and sewer work. This appropriation will provide the additional amount needed for construction of these components of the project.

After this ordinance is adopted, the Sewer Fund current unrestricted cash will be $1,475,564 and the Water Fund current unrestricted cash will be $1,635,170.

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

6. Ordinance No. 96-17 (AV)

An Ordinance Appropriating to the Manager the Sum of $104,000 to Extend the Water Mainline Service to the Temsco Site at the Juneau International Airport. Such Funds Provided by the Water Extension Fund. Presented by the Manager.

On February 26, 1997 the Public Works & Facilities Committee approved extending water mainline service to the Temsco site at the Juneau International Airport. This appropriation of $104,000 will fund that project.

Temsco is presently served by a small service line that is maintained at their expense. The nearest water main is in Yandukin Drive. This project will replace the service line with a water main which will be operated and maintained by the CBJ.

The main is needed due to Temsco's expansion. If a maintenance shop is constructed for airport equipment, it will benefit from this main. In similar requests, the water department has contributed materials and the applicant has installed the main.

After this ordinance is adopted, the balance in the Water Extension fund will be $255,000.

The Public Works & Facilities Committee recommends that this ordinance be introduced and set for public hearing at the next regular meeting.

7. Ordinance No. 96-17 (AW)

An Ordinance Appropriating to The Manager The Sum of $25,000 to Replace a Water Main Above Nelson Street. Such Funds Provided by The Water Retained Earnings. Presented by the Manager.

The Water Utility has requested that an existing exposed water main above Nelson Street be replaced with arctic pipe. This appropriation of $25,000 will cover the costs of a change order to Nelson/Fifth Street project to accomplish the work. It is not practical to bury this line at proper depth because of exposed rock. Arctic pipe will help prevent this main from freezing. Currently, it is left flowing with the loss of thousands of gallons of water per day. This is a system maintenance project and is scheduled to be completed this spring.

After this ordinance is adopted, the Water Fund current unrestricted cash will be $1,610,170.

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

8. Ordinance No. 96-17 (AX)

An Ordinance Appropriating to The Manager The Sum of $47,500 to the Juneau Economic Development Council (JEDC). Such Funds Provided by The U. S. Department of Agriculture - Alaska Economic Disaster Fund. Presented by the Manager.

This ordinance appropriates $47,500 of the U. S. Department of Agriculture Economic Disaster Funds to the Juneau Economic Development Council (JEDC) who will use the funds for the Microenterprize (sic) Demonstration Project (MEDP). These funds are needed to replace an unanticipated cut back from the Small Business Administration. Without funds to offset the shortfall, the project would have to be discontinued.

This action was approved by the Finance Committee at its meeting of March 5, 1997. The remaining balance of funds held after this appropriation will be $1,475,700.

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

9. Ordinance No. 96-17 (AY)

An Ordinance Appropriating to The Manager The Sum of $15,000 to The Juneau Economic Development Council (JEDC). Such Funds Provided by the U. S. Department of Agriculture - Alaska Economic Disaster Fund Interest Proceeds. Presented by the Manager.

This ordinance appropriates $15,000 of the interest earned from the U. S. Department of Agriculture Alaska Economic Disaster Funds to the Juneau Economic Development Council (JEDC) who will use the funds to administer the Southeast Alaska Economic Fund (SAEF) program.

The review process of SAEF applications is a bigger task than anticipated and extra staff time is needed for timely review of applications as well as work on other projects.

This action was approved by the Finance Committee at its meeting of March 5, 1997.

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

10. Ordinance No. 96-17 (AZ)

An Ordinance Appropriating to The Manager The Sum of $30,000 For a Cold Storage Feasibility Study. Such Funds Provided by The Alaska Department of Revenue Raw Fish Tax. Presented by the Manager.

This ordinance appropriates $30,000 of unanticipated Alaska Department of Revenue Raw Fish Tax for a cold storage feasibility study. The study has been requested by the City and Borough of Juneau Fisheries Development Committee (FDC) and is part of an ongoing effort by FDC to expand fisheries and help diversify the CBJ economy. Disbursement will be made to FDC on the basis of expenses incurred. The CBJ Engineering Department will prepare the RFP for the study.

This issue has not yet been presented to the Docks & Harbors Board, but there seems to be a general consensus of support. This action was approved by the Finance Committee at its meeting of March 5, 1997.

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

11. Ordinance No. 96-17 (BA)

An Ordinance Appropriating to The Manager The Sum of $10,000 For a Grant to the Perseverance Theater. Such Funds Provided by The Unappropriated General Fund Fund Balance. Presented by the Manager.

This ordinance appropriates $10,000 from the unappropriated General Fund fund balance as a grant to the Perseverance Theater. Reductions in the theater's funding sources has lead to a critical financial situation at the theater. This grant will be used to support current year operations of the theater.

This action was approved by the Finance Committee at its meeting of March 5, 1997.

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

12. Ordinance No. 96-17 (BB)

An Ordinance Appropriating to the Manager the Sum of $5,900 for a Tourism Coordinator. Such Funds Provided by Revenues from the Tram Lease. Presented by the Manager.

This ordinance appropriates $5,900 of additional FY97 Tram Lease proceeds for a Tourism Coordinator. This position was created at the request of the Tourism Working Group (TWG). The original intent of the TWG was to request this position in FY98. However, there are a number of tasks before the TWG this spring that will require more staff assistance than is presently available.

This is a half time position (.5 FTE) funded for the last quarter of FY97. Funding for a full year is anticipated to be $23,700 and will be requested as part of the FY98 Budget process. Funding for the position is to come from tourism related revenues. FY97 proceeds from the Tram lease has been identified as a source of revenue for the position.

This action was approved by the Finance Committee at its meeting of March 5, 1997.

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

13. Ordinance No. 96-17 (BC)

An Ordinance Appropriating to the Manager the Sum of $15,000 for a Grant to Southeast Alaska Guidance Association (SAGA) for Trail Work. Such Funds Provided by Unappropriated General Fund Fund Balance. Presented by the Manager.

This ordinance appropriates $15,000 of Unappropriated General Fund fund balance for a grant to Southeast Alaska Guidance Association (SAGA) for trail work. This grant was originally brought before the Assembly during the FY97 biennial budget process and was tentatively approved for FY98. This request would appropriate one half ($15,000) of the amount in FY97 to get the necessary funding in place for the summer of 1997. The FY98 amount would be reduced to $15,000 as part of the FY98 budget process. The total amount approved would remain at $30,000 over the two fiscal years. Basically, we're borrowing against next year's budget to get work started in this fiscal year.

In December, the Assembly adopted the Juneau Area Trails Plan, a document jointly authored by the three agencies in Juneau that manage trails (State Parks, the Forest Service and the CBJ), after considerable public input. The document was also adopted by the State and Forest Service. One of the primary implementing actions of the plan is to create a nonprofit organization to work with public agencies, volunteers, members, commercial operators and private grantors to improve and maintain Juneau area trails. SAGA will act as a clearinghouse to implement trail maintenance.

The concept of supporting the nonprofit has been reviewed and recommended by the Parks and Recreation Advisory Committee. The Assembly Lands Committee has expressed its support for the development of the nonprofit and supporting the nonprofit was added to the goals list at the Assembly retreat.

After this ordinance is adopted, the Unappropriated General Fund fund balance will be $1,309,082.

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

B. Resolutions:

1. Resolution No. 1856

A Resolution Authorizing the Manager to Convey an Easement to Alaska Electric Light and Power Company for an Electrical Substation at Lena Point, and to Convey a Right-of-Way and Easement to the Alaska Department of Transportation and Public Facilities for the Reconstruction of Thane Road. Presented by the Manager.

The Alaska Department of Transportation is currently in the process of finalizing right of way acquisition for the Thane Road reconstruction project. One of the remaining properties is the AEL&P office building across from the AJT dock. The two parties have arrived at a compensation package which would involve the CBJ as a third party. The Assembly's original request to ADOT/PF to fund the project included the commitment on the part of the CBJ to provide land and assist with the acquisition of land needed for right of way.

AEL&P has agreed to exchange the office building for use of a site in the Lena Point area for an electrical substation. ADOT/PF will quitclaim the site to the CBJ after completion of the Auke Rec Bypass project.

The right of way site is located between the south entrance to the Lena Loop Road and the merge location for the new bypass highway and the existing highway. The area is roughly 90 feet wide by 350 feet long totaling 33, 108 square feet with an estimated value equal to that of the office building. The existing roadbed is approximately 36 feet in width and is bordered by wetlands.

Additionally, this resolution will formalize the conveyance of land and easements to the State for right-of-way purposes for the Thane Road Project. This action is a follow-up to a previous commitment for local participation in the project.

The Lands Committee has reviewed and approved this project.

I recommend that this resolution be adopted.

2. Resolution No. 1857

A Resolution Recommending Revisions to the Fiscal Year 1998-2000 CBJ Needs List, to be Used by the State of Alaska Department of Transportation and Public Facilities to Prioritize Statewide Transportation Projects. Presented by the Manager.

This resolution would adopt revisions to the CBJ 1998-2000 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 February 26, 1997.

I recommend that this resolution be adopted.

C. Transfer Requests:

1. Transfer No. T-620: Transfers $648,500 from N. Behrends Avenue/Highland Reconstruction (CIP R412-54) to Wire Street Flood Damage (CIP R412-56, in the amount of $175,000) and to Nancy Street/Tongass Boulevard Construction (CIP R412-53, in the amount of $473,500).

The emergency reconstruction of Wire Street and the cost increase in the Nancy-Tongass Reconstruction Project require that the N. Behrends Avenue/Highlands Area Reconstruction Project be deferred for one year and its funds transferred to these other projects. The N. Behrends Ave./Highlands Area Reconstruction Project is planned to be funded at the $1,000,000 level from FY 1998 Street Sales Tax.

The Engineer's Estimate for the Wire Street Project is approximately $510,000. Previous transfers and a grant from the Alaska Division of Emergency Services [Ordinance 96-17 (AQ) scheduled for Public Hearing on this agenda] leave $175,000 still needed for the project to go forward. This transfer provides those funds.

The Nancy/Tongass project current estimate is approximately $3,000,000. Current project funding is $1,900,000 from FY 1997 Street Sales Tax. This transfer would add $473,500 to that project. Additional funds are planned from the FY 1998 Street Sales Tax and the Sewer Fund.

This transfer was approved by the Assembly Public Works and Facilities Committee at its February 12, 1997 meeting. A copy of the minutes of that meeting is included in your packet.

After this Transfer Request and Ordinance 96-17 (AQ) are approved, the funds 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:

R 412-54/

Behrends Avenue/

Highland Reconstruction $648,599 $ 99 $ 1,500 to be funded in FY98

Transferred to:

R412-56/

Wire Street Flood Damage $278,793 $453,793 $509,977 ongoing

R412-53/

Nancy Street/Tongass

Boulevard Construction $1,736,322 $2,209,822 $2,373,500 ongoing

I recommend that this transfer be approved.

2. Transfer No. T-621: Transfers a total of $42,920 from Mendenhall Valley Paving (CIP R412-26, in the amount of $25,120) and Areawide Street Capital Projects Sales Tax - Undesignated (CIP Z492-97, in the amount of $17,800) to Linellen Heights Street Reconstruction LID (CIP R412-58.

This transfer of $42,920 will fund the design of reconstruction of streets in Linellen Heights, a project listed on the FY98 Street CIP schedule. Beginning the design at this time will allow the project to be bid in summer, 1997. The current estimate for the project is $860,000; other funds will be from FY98 Street Sales Tax and LID participants' fees.

After this Transfer Request is approved, the funds 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:

R412-26/

Mendenhall Valley

Paving $25,120 $-0- $3,652,059 closed

Z492-97

Areawide Street Capital

Projects Sales Tax -

Undesigned $17,800 $-0- $-0- ongoing, used to

allocate

CIP funds

Transferred to:

R412-58/

Linellen Heights Street

Reconstruction LID $-0- $42,920 $42,920 new project

I recommend that this transfer be approved.

D. Bid Opening:

1. Contract No. E96-463: Eaglecrest Day Lodge Re-Roofing Project

Bids were opened on the subject project on March 11, 1997. The bid protest period expired at 4:30pm on March 12, 1997. There was one non-responsive bid from Coogan Construction. Coogan failed to include a Subcontractor's Report with the bid. Responsive bidders are as follows:


RESPONSIVE TOTAL BID

North Pacific Steel Erectors, Inc. $111,436.00

J.E. Carver Construction 124,998.00

Silver Bow Construction 128,696.96

Duran Construction 135,325.00

Architect's Estimate $120,000.000

The project consists of re-roofing the existing day lodge including installation of windows, a ventilation space and roof cupolas. New windows shall be installed to accommodate a raised roof. The work is to be completed between April 15 and August 15, 1997.

The funding source for this project is the Eaglecrest Day Lodge Roof Repair CIP; 1997 General Sales Tax. Total project funding is $205,000.00.

I recommend award of this project to North Pacific Steel Erectors, Inc. in the amount bid for a total award of $111,436.00.


E. Liquor License Renewals:

1. DeHart's

2. K&L Distributors

3. Papadrews

4. Valentine's Coffee House

The Finance, Fire, Police and Community Development Departments have reviewed the liquor license applications and have no objections to the two year renewals. The Human Resources Committee met on Monday, March 10, 1997, and adopted a motion to recommend the Assembly waive its right to protest the two year renewal of the above mentioned liquor licenses pending a report from the manager at tonight's meeting.


VIII. ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 97-08

An Ordinance Authorizing the Manager to Donate Fill Material to the Juneau Alliance for the Mentally Ill and the Alaska Housing Development Corporation. Presented by the Lands Committee.

Administrative or Staff Report

This ordinance authorizes the manager to donate up to 4,000 cubic yards of fill material to the Juneau Alliance for the Mentally Ill (JAMI) and the Alaska Housing Development (AHDC) Corporation for the development of a total of 39 assisted housing units for the mentally ill (15) and low-income families (24). The JAMI units are to be located in Douglas and the AHDC units are to be located on Renninger Memorial Drive, near the Dzantik' heeni Middle School. Both entities are nonprofit corporations which are involved in developing affordable housing for their individual client groups.

JAMI's request, first submitted December 19, 1996, was prompted by a design change which increased the cost of the project. The funding for the project is fixed by contract with the U. S. Department of Housing and Urban Development which cannot be increased. JAMI is attempting to find additional financial support for their project to cover the unanticipated cost over-run.

The city and borough has assisted a number of nonprofit housing organizations in the past through the donation of land or cash grants/loans and more recently gravel to St. Vincent de Paul Society on November 25, 1996. The donation of material is a means to assist nonprofit housing efforts without the direct contribution of funds.

Both requests are for approximately 4,000 cubic yards of pit run gravel which have a market value of approximately $21,000, for a total of $42,000 in city and borough assets.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action


2. Ordinance No. 97-09

An Ordinance Amending the Land Use Code to Require That All Access Driveways in Rights-of-Way Be Considered as Conditional Uses, And That Review of Access Driveway Applications Include Consideration of the Total Length of the Driveway. Presented by the Manager.

Administrative or Staff Report

Under present rules, an access driveway constructed in a right-of-way is reviewed through either the allowable use or the conditional use procedure. This ordinance would impose the conditional use process on all private driveways built in public rights-of-way and would require extensions of driveways be reviewed in light of the full length of the driveway rather than just the extension, as was done in the recent Shelter Island appeal.

The Planning Commission considered this ordinance at its regular meeting of February 11, 1997, and recommends that it be adopted by the Assembly.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

3. Ordinance No. 97-10

An Ordinance Amending the Land Use Code Table of Permissible Uses to Amend Section 1.610 Regarding Rooming, Boarding Houses, Tourist Homes, and Other Temporary Residences Rented by the Day or Week to Allow the Use in Rural Reserve Areas. Presented by the Manager.

Administrative or Staff Report

Temporary residential uses such as bed and breakfasts, rooming houses and boarding houses, are currently prohibited in rural reserve districts. This ordinance would allow them as a conditional use.

The Planning Commission considered this ordinance at their meeting of February 11, 1997 and recommends that it be adopted by the Assembly.

I recommend that this ordinance be adopted.


Public Hearing

Assembly Action

4. Ordinance No. 96-17 (AO)

An Ordinance Appropriating to the Manager the Sum of $25,900 For Pumpout Station Improvements in Aurora and Don Statter Harbors. Such Funds Provided by the Alaska Department of Fish and Game. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $25,900 from an Alaska Department of Fish and Game grant for renovation work recently completed, of a boat sewage pumpout station in Aurora Harbor and purchase of a sewage pumpout boat and mobile pumpout trailer. The boat is deployed at Statter Harbor (Auke Bay) and is also available to the private marinas there. The mobile tank will be deployed throughout the float systems downtown. This action has been reviewed and approved by the Docks and Harbors Board.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

5. Ordinance No. 96-17 (AP)

An Ordinance Appropriating to The Bartlett Regional Hospital Foundation The Sum of $107,200 to Be Managed by the Foundation for the Benefit of Bartlett Regional Hospital. This Will Transfer the Remaining Restricted Funds in the Contributions Account. Such Funds Provided by Bartlett Regional Hospital Retained Earnings. Presented by the Manager.

Administrative or Staff Report

This ordinance authorizes the transfer of $107,200 from Bartlett Regional Hospital's (BRH) contribution account, which consists of restricted donations, to the Bartlett Regional Hospital Foundation. The Foundation was established to manage restricted donations for the benefit of the Hospital. These funds represent the balance of BRH's contribution held as restricted donations. The BRH Board of Directors approved this action on 1/28/97.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

6. Ordinance No. 96-17 (AQ)

An Ordinance Appropriating to The Manager the Sum of $187,020 for the Reconstruction of Wire Street. Such Funds Provided by the Alaska Department of Military and Veterans Affairs. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates a grant in the amount of $187,020 from the Alaska Department of Military and Veterans Affairs, Division of Emergency Services, to assist in the reconstruction of Wire Street. Wire Street was severely damaged by the September 25, 1996 storm event and was declared eligible for state disaster relief in November, 1996.

The State has agreed to fund repairs to Wire Street to bring the street back to its pre-storm condition. Additional work must be done to ensure that damage does not occur from future storms. The Engineer's estimate indicates that the project will cost approximately $510,000. This ordinance, Transfer No. T-620 (on tonight's Consent Agenda) and funds previously transferred, will fund the Engineer's estimate.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

7. Ordinance No. 96-17 (AR)

An Ordinance Appropriating to The Manager The Sum of $18,645 For The Historic Preservation of the Jualpa Mine Camp Historic District. Such Funds Provided by The Alaska Department of Natural Resources. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $18,645 from an Alaska Department of Natural Resources Grant to continue stabilization work on the historic buildings of the Alaska Juneau Gold Mining Company located in Last Chance Basin. Resolution No. 1837, adopted November 11, 1996 authorized the grant application. The buildings are listed on the National Register of Historic Places. Phases I and II renovated doors and windows of the Compressor Building and Transformer House. Phase III would repair the foundation of the Locomotive Repair Shop. The work would include leveling the floor of the building and replacing rotten timber piling with new materials. Future phases of work would replace the roof and renovate windows and doors of the building.

The work will be coordinated and performed by volunteers of the Gastineau Channel Historical Society (GCHS). Community Development Department staff will administer the grant but will not perform work on the project.

This is a federally funded matching grant (60% Federal, 40% CBJ). CBJ's match will be the volunteer and staff time devoted to the project. CBJ staff will spend 6.5 hours and 13 hours in FY97 and FY98 respectively. Volunteer time is allowed as match based upon the going hourly rate for the type of services performed. The federal monies will be used to purchase materials, supplies, and rent equipment.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

8. Ordinance No. 96-17 (AS)

An Ordinance Appropriating to The Manager The Sum of $85,000 For Equipment Repair ($20,000) and a Financial Consultant Contract ($65,000) at the Juneau Airport. Such Funds Provided by The Airport Retained Earnings. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $20,000 for repair costs to heavy equipment and $65,000 for a financial consultant contract at the Juneau Airport. The consultant is performing revenue analysis and projections for the Juneau Airport Master Plan.

The repair costs to the front end loader were higher than estimated. The repair costs estimate (by N.C. Machinery) was $55,000, but the low bid (sole bid also by N.C. Machinery) was $75,000. Additionally, work performed by the financial consultants exceeded original estimates. The expansion in the scope of the contract is due to the complexities of the Passenger Facility Charge and the capital improvement program.

At its March 12 meeting, the Airport Board unanimously recommended adoption of this ordinance.

Appropriating additional funds now will prevent budget shortfalls in other areas in the Airports operations budget later in FY97. After this appropriating ordinance is adopted, the Airport's current unrestricted cash balance will be $180,411.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

9. Ordinance No. 96-17 (AT)

An Ordinance Appropriating to the Manager the Sum of $120,000 for the Goat Hill Sewer Project. Such Funds Provided by the Sewer Extension Fund. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $120,000 from the Sewer Extension fund for the Goat Hill Sewer project. The purpose of the funding increase is to cover closeout project costs resulting from the arbitration settlement of construction claims.

The prime contractor for the project, Miller Construction Company, sought compensation for claims of additional work on the project. After attempted negotiations on the additional claim items, Miller Construction Company filed suit against the City and Borough of Juneau in November 1995. In lieu of court proceedings, both parties agreed to resolved the issues through a binding arbitration process. The arbitrator's decision was for the City and Borough of Juneau to make a final payment of $139,769 for all work by Miller Construction Company on the Goat Hill Sewer Project.

While the arbitrator did not provide any support for his findings, the sum closely approximates the project retainage, the amount offered in the final change order in 1995, and the statutory interest rate for retainage of 10.5 percent for the 26 months it was held.

A memorandum is attached which itemizes the additional costs incurred for the arbitration proceedings and the final settlement payment to the contractor.

After all costs are paid, the project will be closed and any remaining funds will be returned to the Sewer Extension Fund. Once this ordinance is adopted the funds remaining in the Sewer Extension Fund will be $74,000.

I recommend that this ordinance be adopted.


Public Hearing

Assembly Action

X. NEW BUSINESS:

XI. OLD BUSINESS:

XII. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Item:

1. Authorization for the Manager to Negotiate the Sale of 45 Acres of CBJ Land to Steve Bowhay for the Development of a Botanical Garden

The Assembly Lands Committee has reviewed a proposal by Steve Bowhay to purchase approximately 40 to 45 acres of CBJ land for development of a botanical garden and a tourist trail facility using golf carts. The property is located on the hillside east of Fred Meyer's and above the Southeast Veterinary Clinic.

The Lands Committee has recommended that the Assembly authorize the City Manager to begin negotiations with Mr. Bowhay for the sale of the land he is requesting subject to the confirmation that the remaining CBJ land to the east is accessible for development. The current Subdivision Feasibility Study for Switzer Creek being prepared by R&M Engineering and Sheinberg and Associates should provide information to make this determination. The study is scheduled to be completed by the end of April and will be reviewed by the Planning Commission and Assembly.

The land which Mr. Bowhay is requesting to purchase has been identified for disposal in the CBJ Land Management Plan. The main issues to be addressed are the access to the remaining CBJ lands and the method of disposal. The Assembly Lands Committee has recommended a negotiated sale with Mr. Bowhay.

The Planning Commission, at its March 11, 1997 meeting, approved a Conditional Use Permit for Mr. Bowhay's project and also recommended disposal of the property subject to the CBJ determining that adequate access is available to adjacent CBJ lands.

Other issues which will be addressed in the negotiations include ability to pay, restrictions on the use of the property, minimizing clearing of timber, erosion control, and value (estimated at over $700,000).

If the Assembly agrees with the Lands Committee recommendation, a motion should be adopted "authorizing the manager to negotiate the sale of approximately 45 acres of CBJ land to Steve Bowhay. The sale would be contingent upon the manager determining that adequate access is available to the adjacent CBJ lands."

B. Manager's Report - Information Item:

1. Townhouse Homeowners Association

The drainage problems experienced by the Townhouse Homeowners Association are caused by a combination of new uphill development and inadequate drainage systems downhill from the development. The existing topography is that the Townhouse parking area is downhill from Simpson Street. Water running from Simpson Street constructed above the Townhouse is directed along new curbs, but the curb stops at the limit of the new development. There was no obligation for the developer of the uphill development to improve the entire drainage system located off site.

The "bathtub" catch basin was required in an effort to intercept the runoff from the new development. During one storm, two upstream catch basins plugged up, water ran across the road, avoided the existing drainage ditch. City crews have cleaned the catch basins. Madsen Development agreed to place a grate on the "bathtub" catch basin, apparently Mr. Madsen left town without relaying his promise to his partner. Promises to install the grate have been renewed, and plans call for installation as soon as possible.

This spring, city street crews will regrade the existing dirt road (Simpson Street) in an effort to better direct the water into the ditch. In addition, they will extend the existing curb below the new development to direct water into the catch basin.

The long term solution requires road reconstruction with a drainage system designed to collect water. The existing system has been said to be poorly designed, in fact, it's not designed at all, it has evolved as development has occurred, the only "designed" system is that installed by Madsen uphill, which runs into the "undesigned" drainage ditches downhill. The Townhouse driveway was not designed to keep water out, it is below the street grade.

As agreed earlier, the CBJ Engineering Department has provided to the Townhouse Association a petition that would, if signed by enough owners, initiate a local improvement district to fix the road and drainage problems. A previous LID project was declined by residents, but a new scope and increased development may bring renewed support for the project.

In summary:

C. Attorney's Report:

XIII. MAYOR'S REPORT ON NON-AGENDA ITEMS

A. Revised Pending Items

B. Unappropriated Governmental Fund Balance

C. Assembly Contingency Fund Balance

XIV. COMMITTEE REPORTS ON NON-AGENDA ITEMS

A. Committee Reports:

1. Committee of the Whole

2. Finance Committee

3. Committee on Committees

4. Human Resources Committee

5 . Lands and Resources Committee

6. Public Works and Facilities Committee

7. Assembly Strategic Policy Committee

B. Board Liaison Reports

XV. ASSEMBLY COMMENTS AND QUESTIONS

XVI. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not

to exceed 5 minutes per person or 20 minutes total, whichever is less).

XVII. ADJOURNMENT

NOTE: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audio tape containing the Assembly's agenda is available for review at all CBJ Libraries each Friday prior to the Assembly's Monday meeting.

ADA Accommodations Available Upon Request: Please telephone the Clerk's Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present. The Clerk's Office telephone number is 586-5278, TDD 586-5351.

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