AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, May 4, 1998 - 7:00 PM

Assembly Chambers - Municipal Building

Meeting No. 98-14

Submitted by:

David R. Palmer

City & Borough Manager


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I. FLAG SALUTE

II. INVOCATION

III. ROLL CALL

IV. APPROVAL OF MINUTES

SPECIAL ORDERS OF BUSINESS

1. City Manager’s Annual Evaluation

(Note: The Assembly may enter into Executive Session for this item)

2. Police Memorial Week

3. Clean Up, Green Up Month

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. 97-17 (AY)

An Ordinance Appropriating to the Manager the Sum of $12,800 for Facility Renovation And Elevator Installation at the Health and Social Services Building at Salmon Creek. Such Funds Provided by the Alaska Department of Health and Social Services. Presented by the Manager.

This ordinance appropriates a $12,800 grant from the Alaska Department of Health and Social Services for elevator installation at the CBJ Health and Social Services Building at Salmon Creek.

A critical component of the building renovation is to make the building accessible with the installation of an elevator. This grant supplements the ongoing project, which has a budget of $780,599. It is estimated that construction will be complete by November 1, 1998.

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

2. Ordinance No. 97-17 (AZ)

An Ordinance Appropriating to the Manager the Sum of $5,000 for Avalanche and Mudslide Mapping for the Downtown Area. Such Funds Provided by the Alaska Department of Community and Regional Affairs. Presented by the Manager.

This ordinance appropriates a $5,000 Alaska Coastal Management Program grant from the Alaska Department of Community and Regional Affairs to add new avalanche (snow) and mass wasting (landslide) mapping for the downtown area. The project would complete the mapping update of the downtown area. Currently the CBJ is using mapping prepared in 1972 as the regulatory tool to describe these hazard areas. The old mapping is often too general to use.

The grant requires a local match of $1,350; staff time from existing Community Development Department personnel will provide the CBJ match.

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

3. Ordinance No. 97-17 (BA)

An Ordinance Appropriating to the Manager the Sum of $3,000 to Begin Development of a Historic Preservation Section for the City and Borough Website. Such Funds Provided by the Alaska Department of Natural Resources. Presented by the Manager.

This ordinance appropriates a $3,000 grant from the Alaska Department of Natural Resources, Office of History and Archaeology to develop a historic preservation Webpage to be posted on the Internet. The project would allow persons to submit historic information for inclusion in the body of knowledge about Juneau’s history. It would be the first such Webpage in the state.

The Library has budgeted time to assist CBJ departments with development of electronic media through the world wide web. Library personnel will format and mark up material for electronic presentation. CDD staff will manage and administer the grant, and provide factual and visual material for the website.

This project is consistent with the goals and policies of the Juneau Comprehensive Plan and the draft Historic Preservation Plan. The Historic Resources Advisory Committee identified this project as the number one priority for historic preservation grants. The Assembly adopted Resolution No. 1898 in October, 1997 which authorized the Manager to apply for the grant.

The project will begin no sooner than July 1, 1998 and be completed no later than September 30, 1999. Once the website is established, it will be maintained as part of the Library’s on-going website maintenance program.

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

B. Resolutions:

1. Resolution No. 1923

A Resolution Establishing the 1998 Port Dues for the City and Borough of Juneau Port Facilities, and Repealing Resolutions 1753 and 1754. Presented by Docks & Harbors.

This resolution establishes a port dues rate of 21 per net registered ton, and repeals past port and harbor fee resolutions which are inconsistent with the new Docks and Harbors Board fee authority.

CBJ 85.02.105 states that the Docks and Harbors Board may change the port dues base provided that the change does not become effective until confirmed by resolution by the Assembly. The Docks and Harbors Board at its meeting of February 26, 1998, proposed that the port dues for the 1998 cruise season be established at a base rate of 21 per net registered ton. The Assembly Finance Committee at its meeting of March 18, 1998, reviewed the Board's proposal and recommended to the Assembly that the port dues be established at a base rate of 21 per net registered ton.

The Docks and Harbors Board's proposal of 21 per net registered ton for the 1998 cruise season is based on the amount of revenue required to service the FY98 Port Improvement Bond debt ($965,300) with the remaining 1998 port dues revenues (est. $395,000) identified as start-up money for various port projects, particularly the Steamship Wharf/Marine Park Improvement Project.

The Docks and Harbors Board will meet in the near future with the Port Advisory Committee to discuss measures to establish a stable port dues rate, to formulate longer term fee structures of a similar nature.

Additionally, at their meeting of April 30, 1998, the Docks and Harbors Board reviewed and approved the FY99 schedule of fees for other Docks and Harbors services. It is not necessary for the Assembly to review these actions. However, Resolution Nos. 1753 and 1754, which are products of the old system setting port and harbor fees, should be repealed due to the change in the method of setting fees through the Board.

I recommend that this resolution be adopted.

2. Resolution No. 1928

A Resolution Extending the Americans with Disabilities Act Committee of the City and Borough of Juneau. Presented by the Manager.

This resolution extends the Americans with Disabilities Act Committee which is due to sunset in July of this year. At the Assembly Committee on Committees meeting held on February 2, 1998, the ADA Committee presented its annual report and requested an extension. The Committee on Committees concurred with this recommendation and at its meeting of April 6, moved to recommend the Assembly extend the ADA Committee for an additional five years. This resolution accomplishes this recommendation and extends the ADA Committee to July 1, 2003.

I recommend that this resolution be adopted.

3. Resolution No. 1929

A Resolution Approving the Americans with Disabilities Act Transition Plan to Provide Guidance for the Removal of Physical Barriers from Municipal Facilities as Required by the Americans with Disabilities Act. Presented by the Manager.

This resolution approves the Americans with Disabilities Act ("ADA") Transition Plan for the city and borough. The purpose of this federally-mandated plan is to describe how we will help disabled people deal with physical barriers in municipal facilities providing public programs, services or activities. The plan lists the barriers and provides a time frame for their removal.

Staff and the ADA Advisory Committee held two public hearings in February and have completed work on the plan. A copy of the plan is included in your packet.

The ADA Committee and staff recommend that all FY99 accessibility funds (tentatively $50,000) would be used to hire temporary staff and purchase materials to accomplish portions of this plan which are common to many departments. Some examples include signage, door hardware, threshold adjustments, grabbars, parking improvements and minor restroom modifications.

I recommend that this resolution be adopted.

4. Resolution No. 1931

A Resolution Supporting Sitka as the Location for a Forest Products Development Center. Presented by the Mayor & Assembly.

This ordinance supports Sitka’s efforts to secure funding for a Forest Products Development Center which would help identify value-added processing opportunities for small entrepreneurs.

I recommend that this resolution be adopted.

C. Transfer Requests:

1. Transfer No. T-646: Transfers $6,062 from Taxiway Lighting Replacement (CIP A345-30) to North Terminal Access Rehabilitation/Acquisition of Security Access Control System (CIP A345-25)

This transfer will move $6,062 in 1997-1998 General Sales tax funds from the Taxiway Lighting Replacement to the North Terminal Access Rehabilitation/Acquisition of Security Access Control System project. The project is funded by grants from the Federal Aviation Administration and the Alaska Department of Transportation and Public Facilities. This transfer represents the local match.

The Taxiway Lighting Replacement project will not require the full amount budgeted. The extra funding can therefore be used as match for this project.

This Transfer Request is a companion to Ordinance 97-17(AV), scheduled for public hearing at tonight’s meeting which appropriates the grants to the project.

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:
A345-30/
Taxiway Lighting Replacement      $21,200             $15,138            $15,138        ongoing
Transferred to:
A345-25/
North Terminal Access 
Rehabilitation/Acquisition of
Security Access Control System    $203,938           $210,000           $210,000     new project 

I recommend that this transfer be approved.

2. Transfer No. T-647: Transfers $3,100 from Energy Efficiency Improvements (CIP D374-30) to Juneau Fire Station Repairs (CIP F413-12)

This transfer will move $3,100 in 1994 -1995 General Sales tax funds from the Energy Efficiency Improvements project to the Juneau Fire Station Repairs project. The Juneau Energy Advisory Committee (JEAC) approved funding the construction cost of replacing the exterior soffit light fixtures at the Juneau Fire Station. This motion was made at JEAC’s regular meeting on 4/21/98.

The work will be done concurrently with the installation of new metal siding under CBJ Contract No. E98-304. The amount approved to be funded is based on an estimate prepared by the project Electrical Engineer. It is estimated that the construction cost will be paid back in energy savings within 2 years. This project exceeds the JEAC’s guideline of a 5 year payback in energy cost savings.

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:
D374-30/
Energy Efficiency Improvements    $170,143            $167,043          $228,223       ongoing
Transferred to:
F413-12/
Juneau Fire Station Repairs        $157,776            $160,876          $393,100       ongoing

I recommend that this transfer be approved.

D. Bid Award:

1. Contract No. E98-382: Juneau Fire Station Re-Roof

Bids were opened on the subject project on April 24, 1998. The bid protest period expired at 4:30pm on April 27, 1998. Results of that bid opening are as follows:

Responsive                              Total Bid
Silver Bow Construction                 $110,876.00
Industrial Roofing, Inc.                111,810.00
Coogan Construction Company             131,900.00
Anchorage Roofing & Contracting         145,191.00
Engineer’s Estimate                     $110,000.00

Funding source: admin. 98/578-5-005; fees; FY97 and FY98 General Sales Tax

Total project funds: $390,000.00

The project consists of re-roofing the hose tower and the apparatus bay roof at the Juneau Fire Station on Glacier Avenue.

I recommend award of this project to Silver Bow Construction, in the amount bid, for a total award of $110,876.00.

VIII. ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 98-13

An Ordinance Authorizing the Manager to Negotiate and Execute an Extension of a Lease of Approximately 0.36 Acres Within Tract A, Alaska Tidelands Survey No. 556 to General Communication Corporation for a Communication Earth Station Located at the Rock Dump. Presented by the Manager.

Administrative or Staff Report

General Communication Corporation (GCI) has applied for an extension of an existing lease of CBJ Land at the Rock Dump. GCI plans on expanding the existing facility and adding additional electronic equipment to serve the Juneau telephone market.

The lease was entered into March 1, 1983. The term was for 25 years, and GCI is in the 15th year of the lease, thus leaving ten years on the lease.

GCI has requested an additional 15 years be added to the lease term, for a total of 40 years. CBJ 53.20.030 specifies that leases may not exceed 35 years. Accordingly, if the city and borough is to agree to the GCI request, it will be necessary to exempt this lease from the normal requirements of the Lands Code. Section 5 of the ordinance accomplishes this.

The lease area consists of 0.36 acres located between Thane Road and the Juneau-Douglas Sewage Treatment Plant. A small stream separates the two facilities. A portion of the GCI facility is on land owned by AJT Mining Properties, Inc.

The current lease payment is $9,348 per year, which is based on a land value of $77,900 ($5.00/sq. ft.) and a lease rate of 12%. The CBJ Assessor has reappraised the property at $93,500 ($6.00/ sq.ft.), which yields a new lease payment of $11,215.

A departmental review by CBJ Departments prompts no objections to the extension of the lease term. There have been no problems with the lease or use of the site since 1983 when the lease began. The Lands Committee at its meeting of April 8, 1998, recommended approval of the lease extension. The Planning Commission will review the lease at its meeting of April 28, 1998.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

2. Ordinance No. 98-14

An Ordinance Amending the Traffic Code to Prohibit Operation of Skateboards in Marine Park, and Amending the Schedule of Fines to Increase the Amount of the Penalty for Violation of Ordinances Applicable to Such Devices Generally. Presented by the Manager.

Administrative or Staff Report

This ordinance was prepared in response to Assembly direction at the meeting of March 16. It addresses the concerns expressed in a March 12 letter from Don Habeger to Assemblymember MacKinnon. In the letter, Mr. Habeger, writing on behalf of the Cruise Lines Agencies of Alaska, noted that Marine Park is a dangerous place to be skateboarding, and completion of the skateboard facility in Jackie Renninger Park has provided a safe and fun alternative. The cruise line agencies asked that Marine Park be closed to skateboarding.

The Committee of the Whole reviewed the draft ordinance at its meeting of March 23, and with changes made to allow in-line skating through Marine Park, and to prohibit skateboarding in the Fisherman's Memorial area, recommended that the ordinance prohibit skateboarding in Marine Park. A memo from the City Attorney included with the ordinance defines the area of Marine Park for the purpose outlined above.

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

Public Hearing

Assembly Action

3. Ordinance No. 97-17 (AV)

An Ordinance Appropriating to the Manager the Sum of $203,438 for the North Terminal Access Rehabilitation And Acquisition of Security Access Control System. Such Funds, $196,875, Provided by the Federal Aviation Administration and $6,563, by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates a grant from the Federal Aviation Administration and matching grant from the Alaska Department of Transportation and Public Facilities to rehabilitate the North Terminal overhead canopy and sidewalk and to acquire a security access control system.

The airport’s current access control system is marginal for meeting current FAA standards. The grant will purchase a system that complies with FAA requirements.

Attached for your reference is the application for federal funding including a program narrative. The grant should be fully executed by the time this ordinance is scheduled for public hearing.

The Airport Board approved this project as part of the annual CIP review process in September, 1997.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

4. Ordinance No. 97-17 (AW)

An Ordinance Appropriating to the Manager the Sum of $19,000 for Grants to Offset Water and Wastewater Charges for the Aware Shelter, the Glory Hole, and the Emergency Housing Unit at St. Vincent De Paul. Such Funds, $5,500, Provided by the Water Fund Retained Earnings and $13,500 Provided by the Sewer Fund Retained Earnings. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates Water and Sewer Fund retained earnings for grants of offset water and wastewater charges for three non-profit emergency shelter providers. Payment will be a credit against their water and sewer utility bills.

Non-profit organizations benefitting from the grant program will be the AWARE Shelter, the Glory Hole, and the emergency housing unit at St. Vincent de Paul. Grants of credit to each entity are as follows:

Glory Hole              $8,727
AWARE                   $2,679
St. Vincent de Paul     $7,625

The grant to St. Vincent de Paul does not include the additional ten units currently under construction. St. Vincent’s may apply for further grant funds in the future. Your packet includes the most recent financial report available for each organization receiving the grant credit.

This action was approved by the Assembly Finance Committee on March 18, 1998.

After this ordinance is adopted, the Water fund retained earnings will be $2,044,255 and the Sewer Fund retained earnings will be $1,841,184.

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

Public Hearing

Assembly Action

5. Ordinance No. 97-17 (AX)

An Ordinance Appropriating to the Manager the Sum of $3,900,000 for the Purchase of Land Located at Lena Point. Such Funds, $1,160,000, Provided by the U. S. Department of Agriculture Southeast Alaska Economic Relief Funds (SAEF), $170,000 from Interest Earned on the SAEF Funds and $2,570,000 from the Sales Tax Budget Reserve. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates Southeast Alaska Economic Relief Funds (SAEF) and cumulative interest earned on those funds, and Sales Tax Budget Reserve funds to fund the purchase 22.59 acres of land at Lena Point. This is the proposed site where the consolidated National Oceanic and Atmospheric Administration/National Marine Fisheries Service (NOAA/NMFS) facility will to be constructed.

The Sales Tax Budget Reserve will be partially repaid by the $1,030,000 in SAEF funds received in October, 1998, and accumulated interest earned on those funds at the time the purchase option is exercised. The purchase option allows the CBJ to purchase the property on or before December 31, 1999.

These funds will be used only in the event that NOAA receives substantial construction funding before the December 31, 1999 expiration date on the option to purchase Lena Point.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

IX. UNFINISHED BUSINESS:

1. Certificate of Public Convenience & Necessity:

a) Erlinda’s Gift Shoppe

Erlinda A. & Jose S. Ferrer, dba Erlinda's Gift Shoppe, have filed an application for a For-Hire Vehicle Certificate of Public Convenience & Necessity to operate a van service with one authorized vehicle.

The Assembly at its meeting of April 20, 1998, deferred action on Mr. & Mrs. Ferrer’s new application for a certificate of public convenience and necessity until further information was received from the applicant regarding the van service color scheme and route scheduling. Included in your packet from Mr. Ferrer is a new application, a letter providing additional information, and a detailed schedule of service. Mr. Ferrer indicated that he would be available at tonight’s meeting to answer questions regarding his application.

CBJ Chapter 20.40.050 governs issuance of a certificate and reads:

(a) If the assembly, after holding the public hearing set forth in Section 20.40.040, finds that the applicant for the proposed public vehicle service in the city and borough is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the manager or the manager's designee, then the assembly shall issue a certificate stating the name and address of the applicant, the date of issuance, the class of motor vehicle to be operated, the number of vehicles authorized under the certificate, the color scheme or insignia to be used, and such additional terms, conditions, provisions and limitations as the assembly shall deem necessary or proper in the public interest, to promote the general health, welfare, morality and safety; otherwise, the application shall be denied. No certificate shall be considered to have been issued until it has been signed by the clerk, sealed with the official city and borough seal and delivered to the prospective holder.

It has been customary for the Assembly to approve for-hire certificate applications upon a finding that the applicant is "fit, willing, and able to perform such public transportation." The municipal clerk’s office has then worked with the applicant to make sure that all provisions of Chapter 20.40 are met before issuing a certificate. The current code does not address limiting entry of new vehicles or applications but it does allow requiring conditions "in the public interest, to promote the general health, welfare, morality and safety."

I recommend that the Assembly make a finding that Erlinda A. & Jose S. Ferrer, d/b/a, Erlinda's Gift Shoppe, are fit, willing, and able to perform such public transportation as they have proposed in their application, and that the municipal clerk be directed to issue a certificate to the applicants upon satisfactory evidence of compliance with the applicable provisions of Chapter 20.40.

X. NEW BUSINESS:

XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

1. Scheduling Hearing on Resolution No. 1930, Confirmation of Assessment Roll for Local Improvement District No. 82

The assessment roll for Local Improvement District No. 82 for construction of an interceptor and collector sewer system in the Auke Lake Area along Mendenhall Loop Road from Jo Anne Way to Lee Drive, including Windfall Avenue, Auke Street, Lake Shore Drive, Auke Lane, Auke Kwaan Way and Jo Anne Way 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. 1930 for public hearing on June 1, 1998.

B. Manager’s Report - Information Items:

1. City Manager’s Quarterly Report to the Assembly: January-March, 1998

2. Central Treasury Investments Report: for quarter ending March 31, 1998

C. Attorney's Report:

1. Law Department’s Quarterly Report to the Assembly: January-March, 1998

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.

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