AGENDA/MANAGER'S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, January 5, 1998 - 7:00 PM
Assembly Chambers - Municipal Building
Meeting No. 98-01
Submitted by:
David R. Palmer


I. FLAG SALUTE
II. INVOCATION
III. ROLL CALL
IV. APPROVAL OF MINUTES

1. 11/17/97 - Special Mtg. No. 97-38
2. 11/17/97 - Regular Mtg. No. 97-39
3. 11/19/97 - Special Mtg. No. 97-40
4. 12/01/97 - Regular Mtg. No. 97-41

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. Ordinance for Introduction:

1. An Ordinance Authorizing the Manager to Donate Fill Material to Habitat for Humanity. Presented by the Manager.

Habitat for Humanity has requested a donation of fill material for its affordable housing project on Lot 3 of the S'it'Tuwan housing project. This request qualifies under the criteria established in the Housing Situation Report - 1997. These criteria are described in the December 17, 1997 memo from Mike Rody, included in your packet.

The request is for 1,000 yards of material, which has a value of approximately $5,250.

At its meeting of December 10th, the Lands Committee recommended approval of this request.


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


B. Resolutions:
C. Transfer Requests:

1. Transfer No. T-639: Transfers a total of $106,762 from the following projects:

CIP A345-03 Airport Waterline Alternative 1 $ 737
CIP A345-09 Taku Room/Flight Standards District
Office Remodel 689
CIP A345-18 Terminal Carpet Replacement 1,459
CIP D374-30 Energy Efficiency Improvements 4,047
CIP R181-89 Area-wide Storm Drainage Master plan 7,185
CIP D94-89 Davis Log Cabin Foundation 5,542
CIP D374-38 Marine Park Loading Zone Expansion 4,003
CIP H354-61 Cruise Ship Passenger Pedestrian
Improvements 3,621
CIP D374-14 Fire Training Center - Roof Repair 1,397
CIP P396-04 Savikko Park Restroom Renovation 1,982
CIP R412-15 Reconstruction of Douglas Drainage 1,675
CIP R412-20 Calhoun Avenue Sidewalk Repairs 1,051
CIP R412-44 Judy Lane/Coleman Street Reconstruction 2,422
CIP R412-34 Nowell Avenue Reconstruction 733
CIP U484-47 Lawson Creek Lift Station 12,219
CIP U484-49 Douglas Highway Sewer Line
Improvements 16,271
CIP U484-52 Sewer Lift Station/Louver Upgrade 4,983
CIP W494-09 Comprehensive Water and Sewer Facility
Plan 1,136
CIP W494-14 Greenwood Subdivision 20,115
CIP W494-11 Auxiliary Power Lemon Creek Shop 15,495

to the following projects:

CIP A345-15 Gate 6 Ground Access Stairs $ 2,885
CIP E486-33 Centennial Hall Energy Efficient Controls 4,047
CIP D374-29 Parking Garage Corrosion Prevention 458
CIP D374-45 Dimond Park Master Plan 7,185
CIP D374-41 Cruise Ship Terminal Master plan 10,814
CIP H354-58 Intermediate Vessel Float Shore power
Upgrade 743
CIP H354-59 Municipal Wharves - Water Systems
Upgrade 1,333
CIP H354-60 Intermediate Vessel Float Gangway Upgrade 276
CIP F413-10 Lynn Canal Fire Station 1,397
CIP P374-18 Savikko Park Repairs 1,982
CIP R412-33 Alder/Seater Street Reconstruction 2,106
CIP R412-37 James Boulevard Reconstruction 80
CIP R412-40 Brandy Lane Drainage 1,685
CIP R412-46 Glacier/Willoughby Reconstruction 48,232
CIP W493-86 Basin Wells 3 and 4 1,852
CIP W494-03 Mountainside Estates Pump Station
Reconstruction 1,414
CIP W494-15 Aspen Avenue/Pinewood Drive Waterline 158
Sewer Extension Fund 20,115

This transfer request is to close numerous capital improvement projects that have been completed. In most cases, projects with excess budget are being used to offset similar projects with budget deficits with the following exceptions:

a) There are five projects on the request that are ongoing, and either provided funds to close a project, or received funds from a closing project; and,
b) Excess sewer extension funds are being returned to the Sewer Extension Fund.


After the transfer is approved the funds available balances, budgets, and status for the ongoing 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 
D374-30/ 
Energy Efficiency 
Improvement Fund      $177,640           $173,593         $231,323              on-going
 
D374-45/ 
Dimond Park 
Master Plan            $(3,087)            $4,098          $27,185              on-going 
F413-10 
Lynn Canal
Fire Station           $350,609           $352,006         $421,899             on-going 
H354-61/ 
Cruise Ship Passenger 
Pedestrian Improvements $144,513           $140,892        $451,379             on-going
 
R412-46/ 
Glacier/Willoughby 
Reconstruction        $1,000,096         $1,048,328       $1,323,332            on-going 


The list of projects was submitted to the Public Works and Facilities Committee on December 17, 1997 for their review. The Committee recommended that this transfer request be forwarded to the Assembly.
I recommend that this transfer be approved.


2. Transfer No. T-640: Transfers $30,000 from Essential Building Repairs (CIP P396-06) to Juneau Fire Station Repairs (CIP F412-12)
This transfer request moves funds from the Essential Building Repairs Fund, P396-06, to the Juneau Fire Station Repair Fund, F413-12. Based on the consultant architect's construction estimate, an additional $30,000 is needed to complete the installation of new metal siding at the soffits of the Juneau Fire Station.
The fire station is scheduled to receive new metal siding in the spring/summer, 1998; the project will be going out to bid in late January, 1998. Current funding in the Juneau Fire Station Repair Fund will cover all the siding required except for the soffits at the west side of the building (near the garage bays, etc.). It is in the City's best interest to fund the entire siding installation at the same time. Postponement of this work would result in higher material and labor costs. Providing the funding from the Essential Building Repairs Fund is in keeping with the intent of this fund and corresponds with our comprehensive preventative maintenance plan for CBJ facilities.
After the transfer 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: 
P396-06/ 
Essential Building
Repairs                 $340,245          $310,245          $539,693           on-going
Transferred to: 
F413-12/ 
Juneau Fire Station
Repairs                 $243,690          $273,690          $330,000           on-going 


D. Bid Awards:
1. Bid No. E98-086: Towing Services Contract for Various City Departments

Bid No. E98-086 for Towing Services was opened on December 1, 1997 with the following results:

Bidder JPD/CDD Snow Removal 
Glacier Muffler & Towing     $17,430.00    $3,000.00 
Alaska Auto Towing            21,190.00     4,000.00 
Downtown Union 76             25,275.00     4,500.00 

This contract will be used by various City Departments (Juneau Police Department, Community Development, and Public Works-Street Maintenance) on an as needed basis. The City does not guarantee any minimum or maximum tows during the contract period. This is a term contract with the option to renew for two (2) additional (one year) periods at the same unit bid prices and conditions.

I recommend award of this bid to Glacier Muffler & Towing, as having the lowest responsive bid, for a total bid award of $20,430.00.

2. Bid No. E98-117: Bonnie Brae Pump Station Improvements
Bids were opened on the subject project on December 19, 1997. The bid protest period expired at 4:30pm on December 22, 1997. Results of the bid opening are as follows:

Reponsive Total Bid

Hulegaard Construction          $62,000.00 
Gastineau Contractors, Inc.     $68,574.00 
Arete Construction Corporation  $69,650.00 
Channel Construction, Inc.      $74,494.18 
Glacier State Contractors, Inc. $77,080.00 

Engineer's Estimate $70,000.00

Non-Responsive
Superior Builders (failed to include a Bid Security with their bid)

The project consists of renovating an existing pump station, including demolition and removal of a 5,000 gallon water storage tank and associated piping; installation of new piping, pumps, electrical controls, and captivated air tanks, miscellaneous painting, installation of new sheet rock, and installation of a hollow metal door.
Funding source:FY98 current budget;
Total project funds:$72,000 (CIP No. W494-02)
I recommend award of this bid to Hulegaard Construction in the amount bid, for a total award of $62,000.00.

E. Liquor Licenses:
1. Transfer of Ownership:
Goldbelt Juneau Hotel; Goldbelt Enterprises, Inc.; Pres/Joseph Beedle; VP/Robert Martin, Jr; Sec-Treas/Mark Richardson; 51 W. Egan Street; Mail: 9097 Glacier Hwy #200, Juneau 99801; from: Westmark Hotels, Inc; d/b/a Westmark Juneau Hotel; same location.

2. Liquor License Renewal:
Valley Liquor Mart; Paperweight, Inc.; President/Secretary: Hal Keith Ward, No premises; MAIL; 341 W. Tudor, Sue #202, Anchorage AK 99503. From Chateaux Investment Ltd.; 9108 Mendenhall Mall Road;

The Finance, Fire, Police and Community Development Departments have reviewed the liquor license applications and have no objections. The Human Resources Committee met on Monday, December 22, 1997, and adopted motions to recommend the Assembly waive its right to protest the transfer of license from Westmark Hotels, Inc. to Goldbelt Juneau Hotel and the two-year liquor license renewal for Valley Liquor Mart.
I recommend the Assembly adopt the Human Resources Committee recommendations and waive its right to protest the licenses as reported.

VIII. ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 97-49
An Ordinance Amending the Land Use Code to Change the Definitions of "Addition", "Gross Building Area", "Gross Leasable Floor Area", "Home Occupation", and "Net Floor Area"; to Add a Definition for "Gross Floor Area"; and to Make Corresponding Changes to Sections in Title 49 Using These Terms. Presented by the Manager.
Administrative or Staff Report
The CBJ Land Use Code contains numerous references to floor area. The practice in the Community Development Department has been to calculate floor area based on the gross floor area, measured to the exterior walls of a building. This method is accurate in most cases, but there are some instances where it is inappropriate and confusing to the public. Most notably, it causes confusion when used to calculate the floor area of an accessory apartment or a home occupation space located within an existing building. The tendency is to measure the interior of the space, or net area, instead of the gross floor area.

These issues prompted a complete review of the various usages of "floor area" in the Land Use Code. We found that there were terms used in the code that were not defined and definitions that were not used. Ordinance 97-49 will resolve these conflicts.

The planning commission reviewed this ordinance at its meeting of November 25, 1997. The commission recommends introduction and adoption of the ordinance.

I recommend that this ordinance be adopted.
Public Hearing
Assembly Action

2. Ordinance No. 97-50
An Ordinance Amending the Criminal Code to Prohibit Urinating or Defecating in Public. Presented by the Manager.
Administrative or Staff Report
This ordinance changes the criminal code to plainly state what is currently described as "creating an unsanitary condition".
The public defender has proposed an argument that urine is a sterile liquid and therefore the act of urinating in public does not "create an unsanitary condition" as that term is used in the disorderly conduct ordinance. We have considered several methods of addressing this argument, but amending the ordinance seems the least disorderly. The existing ordinance is a euphemistic holdover from the 1950's Model Penal Code: the modern practice is to state these matters plainly.
I recommend that this ordinance be adopted.
Public Hearing
Assembly Action

3. Ordinance No. 97-51
An Ordinance Amending the Traffic Code to Revise Speed Limits. Presented by the Manager.
Administrative or Staff Report
This ordinance corrects a badly outdated speed limit in the traffic code. The code presently establishes 60 and 70 miles an hour as the limit on undivided and divided highways respectively. We have been basing prosecution on signage and on state standards which pre-empt local ones, but this can sometimes be an awkward workaround and should not be necessary.

I recommend that this ordinance be adopted.
Public Hearing
Assembly Action

4. Ordinance No. 97-52
An Ordinance Establishing the Offense of Violating Conditions of Parole, and Providing a Penalty for Violations Thereof. Presented by the Manager.
Administrative or Staff Report
This ordinance would allow police officers to arrest a person who is violating a court-imposed condition of release from jail. The most common condition is a prohibition on consuming alcohol or entering a place where alcohol is served. Presently, the police cannot immediately arrest for these violations, and must apply for an arrest warrant or rely on statutes that apply only in special cases, such as domestic violence cases.
Anchorage has used an ordinance like this for several years and has found it to be an effective method for enforcing court-ordered conditions of release. The Juneau District Attorney is seeking a similar measure from the legislature.
I recommend that this ordinance be adopted.
Public Hearing
Assembly Action

5. Ordinance No. 97-17 (AC)
An Ordinance Appropriating to the Manager the Sum of $1,040,000 for Purchase of Four Replacement Transit Coaches for the Public Transit System. Such Funds Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.
Administrative or Staff Report
This action appropriates funds received under terms of a grant from the Alaska Department of Transportation and Public Facilities. The funds will be used to purchase four new buses for the Capital Transit system. These buses will replace four present vehicles operated by Capital Transit system. A copy of the grant agreement is enclosed for your information.
I recommend that this ordinance be adopted.
Public Hearing
Assembly Action
6. Ordinance No. 97-17 (AD)
An Ordinance Appropriating to the Manager the Sum of $2,500 for the Rope Rescue Team. Such Funds Provided by a Donation from Baywatch. Presented by the Manager.
Administrative or Staff Report
This ordinance appropriates $2,500 donated to Capital City Fire/Rescue by the Baywatch Production Company. It is anticipated that the donated funds will be used by the Rope Rescue Team for training, although the final disposition will be at the direction of the new Fire Chief when he arrives in January.
During the filming of Baywatch, the Fire Department's volunteer rope rescue team provided services for the filming. Baywatch Production Company donated $2,500 in funding to the group. The volunteer services were not performed as a city function, but as individuals providing volunteer services. Since the funds were made payable to the CBJ, these funds are being deposited into the city's account and appropriated into the Fire Department budget for use by the Rope Rescue Team.
I recommend that this ordinance be adopted.
Public Hearing
Assembly Action

IX. UNFINISHED BUSINESS:

1. Ordinance No. 97-17 (Y)
An Ordinance Appropriating to the Manager the Sum of $833,600 for the Juneau Economic Development Council's (JEDC) Southeast Alaska Revolving Loan Fund. Such Funds Provided by the U.S. Department of Agriculture - Alaska Economic Disaster Fund. Presented by the Manager.
This ordinance will appropriate the remaining $833,600 balance of the first two years of Federal Southeast Alaska Economic Funds (SAEF). This amount represents the remaining balance of funds after being adjusted for the interest earnings, direct loans, and grant support. This amount was also adjusted for the anticipated (conceptually approved by the COW on July 14, 1997) $250,000 loan to SAGA.
Payment of the remaining balance of the first two years of Federal SAEF funds to the JEDC's Southeast Alaska Revolving Loan Fund (SEAK-RLF) was approved by the COW on July 14, 1997. These direct support funds, along with the repaid loan proceeds from the $400,000 Silver Bay Logging, and the $300,000 Glacier Gardens, Inc., will be used to fund the SEAK-RLF. It is anticipated that the repayment of the SAGA loan, if made, will also be added to the SEAK-RLF balance. The funds being contributed by the CBJ will be maintained and accounted for separately within the SEAK-RLF. The management of these funds will be in accordance with a draft memorandum of agreement between the JEDC and the CBJ and the adopted policies and procedures by JEDC for the SEAK-RLF. The memorandum of agreement is scheduled under Manager's Action Item on tonight's agenda.
I recommend that this ordinance be adopted.

X. NEW BUSINESS:
XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:
A. Manager's Report - Action Items:

1. Scheduling Hearing on Resolution No. 1912, Confirmation of Assessment Roll for Local Improvement District No. 81

The assessment roll for Local Improvement District No. 81 for improvements consisting of a water main, paved roadway and underdrain storm pipe on Wickersham Avenue, Dimond Drive, Bartlett Avenue and Sutherland Drive has been prepared and is ready for a hearing at which the Assembly, sitting as a Board of Equalization, may hear objections from the affected property owners and thereafter confirm, set aside, or modify the roll by resolution. The Assembly should now set a date for a hearing on the resolution so that notice may be mailed to the property owners.

I recommend that the Assembly schedule Resolution No. 1912 for public hearing on February 9, 1998.

2. JEDC Memorandum of Understanding

Ordinance No. 97-17 (Y), under Unfinished Business, appropriates the remaining $833,600 balance of the first two years of Federal Southeast Alaska Economic Funds (SAEF). The Memorandum of Understanding was reviewed and approved by the CBJ Finance Committee at its December 17 meeting.

 

I recommend that the JEDC Memorandum of Understanding be approved.


B. Manager's Report - Information Item:
C. Attorney's Report:


XII. MAYOR'S REPORT ON NON-AGENDA ITEMS
A. Revised Pending Items
B. Unappropriated General Fund Unreserved Fund Balance
C. Assembly Contingency Fund Balance


XIII. 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
XIV. ASSEMBLY COMMENTS AND QUESTIONS
XV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).
XVI. 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.