AGENDA/MANAGERíS REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, June 15, 1998 - 7:00 PM

Assembly Chambers - Municipal Building

Meeting No. 98-24

Submitted by:

David R. Palmer

City & Borough Manager

 

I. FLAG SALUTE

II. INVOCATION

III. ROLL CALL

IV. APPROVAL OF MINUTES

1. 05/27/98 - Special Mtg. No. 98-19

SPECIAL ORDERS 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. 97-17 (BJ)

An Ordinance Appropriating to the Manager the Sum of $13,500 to Provide Substance Abuse Intervention Services. Such Funds Provided by the Alaska Department of Corrections. Presented by the Manager.

This ordinance appropriates a $13,500 grant from the Alaska Department of Corrections to provide substance abuse intervention services to offenders participating in the SAIS program monitored out of the Adult Probation Office, Juneau, Alaska. The services, which are to be provided by the Cityís Chemical Dependency Division, will consist of evaluation and substance abuse intervention for probationers who are in relapse.

A copy of the grant agreement is provided for your information.

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

2. Ordinance No. 97-17 (BK)

An Ordinance Appropriating to the Manager the Sum of $24,626 as a Grant to the Southeast Alaska Guidance Association. Such Funds Provided by the Lands Fund Unreserved Fund Balance. Presented by the Manager.

This ordinance appropriates Lands Fund Unreserved Fund Balance for a grant to the Southeast Alaska Guidance Association (SAGA). SAGA will use the grant for the construction of a new septic system and other improvements at the SAGA facility located on CBJ land at Amalga Harbor. SAGA is currently negotiating a lease for the facility from the CBJ and, as part of the proposed lease agreement, SAGA will make certain improvements to the facility. The new septic system is the first of these improvements.

Prior to signing a lease agreement, SAGA paid the City $24,626 of federal pass through funds as consideration for rent, with the understanding that staff would request approval by the Assembly to grant these funds back to SAGA for improvements to the property. The City is now granting these funds back to SAGA for construction of a new septic system.

The Lands Committee reviewed this grant proposal at its meeting of May 27, 1998 and recommended making the grant to SAGA.

 

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

3. Ordinance No. 97-17 (BL)

An Ordinance Appropriating to the Manager the Sum of $21,000 for the Purchase of Seven Electric Hospital Beds at the Juneau Recovery Hospital. Such Funds Provided by the Alaska Department of Health and Social Services. Presented by the Manager.

This ordinance appropriates a $21,000 grant from the Alaska Department of Health and Social Services for purchase of seven electrical hospital beds for the Juneau Recovery Hospital (JRH). These beds will not only be safer but easier to control for nursing staff caring for patients. The new beds will replace the current beds, that are over 15 years old, and will become the property of the CBJ.

The grant award, including a detailed program description, is attached for your information.

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

4. Ordinance No. 97-17 (BM)

An Ordinance Appropriating to the Manager the Sum of $9,000 to Upgrade the Surveillance Equipment at the Juneau Recovery Hospital. Such Funds Provided by the Alaska Department of Health And Social Services. Presented by the Manager.

This ordinance appropriates a $9,000 grant from the Alaska Department of Health and Social Services to upgrade the monitoring system at the Juneau Recovery Hospital (JRH). The current eight channel multiplexer will be replaced with a 16-channel multiplexer and the existing seven cameras will be increased to a total of 12, with possible future expansion to 16 cameras. The upgrade also includes a recorder with capability to record up to 960 hours on a single tape. JRH patients require constant observation so surveillance equipment in working condition is of utmost importance. The upgraded equipment will also provide a secure and safe environment for both patients and staff.

The grant award, including a detailed program description, is attached for your information.

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

B. Resolutions:

1. Resolution No. 1935

A Resolution Authorizing the Manager to Accept the Donation of Lot B-5, U.S.S. 2388 Located at Tee Harbor for Public Purposes. Presented by the Manager.

The owner of a 0.76 acre parcel of waterfront property at Tee Harbor described as Lot B-5, Tract A, U.S.S. 2388 desires to donate his property to the CBJ under certain terms and conditions. One of them is that the CBJ use the property for access to the beach. The second is that a friend will be given a life estate in the property. Upon his death the property would transfer to the CBJ.

The west shoreline of South Tee Harbor presently does not have any public beach access. This property would tie in with the property which the CBJ has set aside for park purposes on Pt. Stephens. The primary use contemplated for the future would be a pedestrian trail.

The Municipal Code requires that gifts of land be accepted by the Assembly by resolution. The Lands Committee reviewed this at its meeting of May 27, 1998 and recommended the acceptance of this gift of land.

I recommend that this resolution be adopted.

2. Resolution No. 1936

A Resolution Authorizing the Manager to Grant an Easement to the Cliff House Condominium Association to Allow the Rebuilding of a Deck. Presented by the Manager.

This resolution will authorize the manager to grant an easement to the Cliff House Condominium Association to allow the rebuilding of a deck. The Cliff House Condominiums are located at 600 St. Annís Avenue in Douglas overlooking Savikko Park and Sandy Beach. The condominium building is a three-story structure consisting of 12 units which were constructed in 1965 with a zero foot setback for the rear decks overlooking the park. The decks are in need of replacement. However, the Building Code requires a minimum "no build" area of 10 feet between structures in this particular instance. Because, the decks are located on the property line, the no build area would have to be applied to the CBJ land. The no build area would essentially be an easement on the CBJ land on which the CBJ would agree not to construct any structures. The easement would be along the west property line of Savikko Park for 104 feet parallel to the Cliff House Condominiums.

The location of the Cliff House Condominiums on the edge of a steep hillside is such that it is unlikely that the CBJ would or could place any structures within the 10 foot setback area. A departmental review of the proposed easement revealed no objections to the granting of the easement.

The Assembly Lands Committee, at its meeting of May 27, 1998, recommended approval of the no build easement. The Planning Commission approved of the easement at its June 9, 1998 meeting. The Cliff House Condominium Association will pay the fair market value for the easement.

I recommend that this resolution be adopted.

3. Resolution No. 1937

A Resolution Authorizing the Manager to Negotiate and Enter Into a Lease of Six Acres of Land at Amalga Harbor to the Southeast Alaska Guidance Association for Conducting Job Training and Life Skills Programs for Youth. Presented by the Manager.

On June 25, 1997, the CBJ acquired 113.65 acres of land at Amalga Harbor from Joe Smith for park purposes. The property had been on the list of properties for acquisition in the 1996 Parks and Recreation Comprehensive Plan.

An additional factor which was considered in the acquisition is that SAGA (Southeast Alaska Guidance Association) had been leasing the property since 1992 and also had an option to purchase the property.

SAGA is a nonprofit corporation which conducts a number of programs in the community primarily directed at working with youth. The SAGA facility at the Amalga property is the headquarters for the Serve Alaska Youth Corps which is a job training, work experience, education and life skills program for youth ages 14-25. Additionally, SAGA runs Juneau's only curbside recycling program, maintains and builds hiking trails, conducts peer leadership workshops, teaches violence prevention and drug resistance in Juneau's public schools, and assists physically challenged people in coordination with Challenge Alaska. SAGA has also constructed a ropes course on the property which is used by the public schools and other groups. The lodge is used by many school classes as well as other groups.

SAGA qualifies as a nonprofit corporation which can received a less than fair market value lease subject to approval of the Assembly. The proposal which has been developed with SAGA is that SAGA would be responsible for the maintenance and upkeep of the lodge including the payment of utilities. Additionally, on an annual basis SAGA and the CBJ would agree on certain improvements that would be constructed on the property which would be of public benefit. For the first year this would be the replacement of the septic system at a cost of $20,000 to $25,000. Other improvements which are envisioned for the next few years include construction of a trail to Salt Lake and nearby beaches, additional parking for public use, improvements to the driveway and various ADA accessibility improvements.

The lease area will encompass approximately 6 acres of land which will include the lodge and ropes course. The remainder of the 113 acres will be unencumbered by the lease although SAGA may perform public improvements on this property as directed by the CBJ.

This spring SAGA had some operating funds which could only be used for providing space for their operations. Even though no lease was currently in place, SAGA agreed to pay the CBJ $24,626 with an understanding that a request would be made to the assembly to make a grant of a like amount which would be used for the construction of a new septic system.

The Lands Committee reviewed this lease proposal and recommended approval with the conditions as outlined in the resolution. One main concern was that the CBJ be sure that maintenance of the lodge was done in a manner to ensure long-term use of the building.

I recommend that this resolution be adopted.

4. Resolution No. 1938

A Resolution Extending the Shooting Range Advisory Committee of the City and Borough of Juneau. Presented by the Manager.

This resolution extends the shooting range advisory committee for one year. The experience of the committee will be particularly valuable in the event that the Point Lena land exchange results in land use changes in the Montana Creek area.

I recommend that this resolution be adopted.

5. Resolution No. 1939

A Resolution Authorizing the Manager to Grant an Easement to Marion Hobbs for Construction and Maintenance of a Driveway and Utilities to Serve a Residential Lot Located Along Lena Loop Road. Presented by the Manager.

This resolution, if adopted, would authorize issuance of an easement to Marion Hobbs to enable him to construct and maintain a driveway and utility lines across a parcel of CBJ land located along Lena Loop Road. The use of the CBJ land would allow Mr. Hobbs to construct a driveway at a significantly lower grade than what would be possible if he attempted to construct a driveway entirely on his own property.

The CBJ Assessor has determined that the easement will not adversely affect the value of the CBJ parcel, which will still be a buildable lot. The gentlest slopes are on the ease side of the lot: Mr. Hobbs' easement will affect the west side. Mr. Hobbs will pay the fair market value for the easement.

I recommend that this resolution be adopted.

6. Resolution No. 1940

Resolution Authorizing the Manager to Submit an Application to the Alaska Department of Environmental Conservation for a Loan from the Alaska Drinking Water Fund and Designating the Manner of Accepting and Managing the Loan for the Purpose of Constructing the Lena Loop Reservoir Project. Presented by the Manager.

This resolution authorizes the Manager to submit an application to the State Department of Environmental Conservation for a loan of $2,000,000 from the Alaska Drinking Water Fund to finance the construction of the Lena Loop Reservoir Project. The total estimated project cost is $4,000,000. $2,000,000 of CBJ Sales Tax Funds has been budgeted for the remaining costs of the project.

I recommend that this resolution be adopted.

7. Resolution No. 1941

A Resolution Authorizing the Manager to Negotiate an Amendment to the Retirement Program Participation Agreement Between the State of Alaska and the City and Borough to Clarify the Standard for Participation for Part-Time Regular and Part-Time Limited Positions. Presented by the Manager.

This resolution authorizes the Manager to negotiate changes to the agreement with the State of Alaska, Public Employees Retirement System, governing how PERS service is credited for CBJ employees. The changes clarify PERS crediting for part time and seasonal employees, to determine PERS eligibility based on the position classification and budgeting, rather than the service of the individual employee occupying the position. A similar resolution (Resolution 1890) was adopted last year, but additional issues have come up, and no changes to the PERS agreement were adopted under that resolution. The present resolution has been reviewed by PERS, and agreed to by representatives of the unions with CBJ collective bargaining agreements.

I recommend that this resolution be adopted.

 C. Transfer Request:

1. Transfer No. T-650: Transfers $10,000 be transferred from Moorage Reconfiguration Design(CIP H354-64) to Conceptual Design - Wharves Deckover (CIP H354-65)

This transfer request will move $10,000 from the Docks and Harbors Moorage Reconfiguration Study CIP to the Conceptual Design - Wharves Deckover CIP. This transfer will provide sufficient funding for the Conceptual Design Project.

In August 1997, the Docks & Harbors Board of Directors contracted with an engineering firm to draft the conceptual design and cost estimates for the proposed deckover of the void between Steamship Wharf and Marine Park. In order to expedite the deckover conceptual design process, the cost of that conceptual design ($17,000, plus over head) was funded, at that time, through the Docks & Harbors Operational Budget.

In September 1997, the Assembly, per Transfer Request T-629, moved $9,475 into the deckover project. However, an additional $10,000 was needed to fully fund the project, which Transfer Request T-650 accomplishes.

The Moorage Reconfiguration Study CIP would remain adequately funded at $25,000.

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: H354-64/ Moorage Reconfiguration Design $33,000 $23,000 $25,000 on-going
Transferred to: H354-65/ Conceptual Design -
Wharves Deckover $9,473 $19,473 $19,473 on-going  

I recommend that this transfer be approved.

 

D. Liquor Licenses:

1. Liquor License Renewals:

Beverage Dispensary License:

Louieís Douglas Inn

Triangle Club, Inc.

Package Store License:

Alaska Cache Liquor, Inc.

Oaken Keg Spirit Shop

Restaurant/Eating Place:

The Broiler

Pizza Verona

Brewery:

Alaska Brewing & Bottling Co.

The Finance, Fire, Police and Community Development Departments have reviewed the liquor license renewal applications and have no objections. The Human Resources Committee met on Monday, June 8, 1998, and adopted a motion to recommend the Assembly waive its right to protest the two-year liquor license renewals for the above-listed businesses.

I recommend the Assembly adopt the Human Resources Committee recommendation and waive its right to protest the licenses as reported.

VIII. ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 98-24

An Ordinance Amending the Penal Code to Increase the Penalty for the Offense of Assault upon a Peace Officer, Fire Fighter, or Other Emergency Responder, and Correcting Statutory References in Provisions Related to Violations of Domestic Violence Protective Orders. Presented by the Manager.

Administrative or Staff Report

Both of these changes to the "general penalty section" reflect changes in state law. Section 2 is a housekeeping measure updating a cross-reference to state statutes on domestic violence protective orders. Section 3 brings our penalty for assaulting an emergency services officer into conformity with the state's.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

2. Ordinance No. 98-25

An Ordinance Amending the Elections Code to Further Specify the Contents of the Election Notice, to Improve the Method of Prioritizing Names on the Ballot, to Delete References to Punch-Card Voting, to Provide for New Forms of Ballot Marking and Counting Systems, to Improve Procedures Related to Absentee Voting, to Establish Definitions, and for Other Purposes. Presented by the Manager.

Administrative or Staff Report

This is a technical revision of the elections code: the principal change is to eliminate punch-card balloting and authorize newer voting systems. The ordinance also codifies the requirement to include the full text of Charter amendments on the ballot, establishes a better system for ordering names on the ballot, and accomplishes similar minor improvements.

Most of these changes reflect current state practice. The ordinance replaces punch-card sections with more generic references to "voting systems" in order to allow implementation of new technology as it is developed. As a practical matter, CBJ routinely borrows whatever technology the state is using. The state is shifting to optical scan ballots, so this ordinance will allow us to save substantial amounts of money by using the state system.

Because this ordinance effects voting rights, it will require review by the U.S. Justice Department under the Voting Rights Act. A notice of the Assembly's consideration of Ordinance No. 98-25 was sent to minority groups, neighborhood associations, and various other organizations. A copy of the notice and the list of organizations sent to is included in your packet. Notice was also provided in the newspaper, posted at the municipal building, and on the CBJ website.

I recommend that this ordinance be adopted as amended by the attorney's memorandum.

Public Hearing

Assembly Action

3. Ordinance No. 97-17 (BH)

An Ordinance Authorizing the Manager to Transfer the Sum of $12,500 from the Mayflower Island Causeway Capital Project to the Mayor and Assemblyís Operating Budget for a Grant to the Glacier Valley Rotary Club for Park Repairs. Such Funds Provided by Area wide Street Sales Tax. Presented by the Manager.

Administrative or Staff Report

This ordinance transfers $12,500 of 1993-1994 AW Street Sales Tax from the Mayflower Island Causeway Repair capital project to the Mayor and Assemblyís FY98 operating budget. The funds will be used to provide a grant to the Glacier Valley Rotary Club for repairs to the trail around Rotary Park. The Rotary Club will use the grant as matching funds for the repair. The work will be done by a private contractor and volunteer labor.

The $15,555 remaining in the Mayflower Island Causeway Repair capital project will be used to close old capital projects. Please refer to Transfer Request T-649.

The Finance Committee approved this action at its May 13 meeting.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

4. Ordinance No. 97-17 (BI)

An Ordinance Appropriating to the Manager the Sum of $671,667 for Design of the Snow Removal Equipment and Chemical Storage Buildings at the Juneau International Airport. Such Funds, $650,000, Provided by the Federal Aviation Administration, and $21,667, Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

Administrative or Staff Report

This ordinance, as introduced, would appropriate a grant in the amount of $650,000 from the Federal Aviation Administration and a matching grant in the amount of $21,667 from the Alaska Department of Transportation and Public Facilities for conceptual design and site analysis, building design, permitting and site preparation to the extent possible with these grant funds.

Since the ordinance was introduced, the FAA notified the CBJ that an additional $6,196 should be added to the original grant amount (to use up available 1998 AIP dollars) for a total grant award of $256,196. This change will also result in an additional $206 in the matching grant award of $21,873. There is sufficient CBJ matching funds earmarked for the project that were appropriated in FY97 and FY98 CIP budgets. A revised grant application will be included as a red folder item.

I recommend that the grant amount be changed from $650,000 to $656,196, the DOT/PF matching grant amount be changed from $21,667 to $21,873, and this ordinance adopted as amended.

Public Hearing

Assembly Action

IX. UNFINISHED BUSINESS:

X. NEW BUSINESS:

XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

1. Tentative Agreement PSEA Negotiations

(Note: the Assembly will enter into Executive Session for this item)

2. Gravel for Non-CIP Street Projects

Several property owners along Valley Boulevard have made requests to be able to purchase gravel from the CBJ gravel pit for the same price gravel is sold to contractors who have CBJ contracts ($1.50/ton). The owners believe they could undertake the improvements to Valley Boulevard quicker and cheaper than if they went through the CBJ LID process.

At the present time, the use of gravel from the CBJ gravel pit is only for CBJ departmental use or for sale to contractors who have successfully bid on CBJ projects. This may be another method to allow some of our substandard streets to be improved by adjacent property owners at a reasonable cost. This method would only be available to property owners along existing platted street rights-of-way, nor for developers who would be developing a new subdivision.

In order to allow for these and subsequent property owners to use this method of doing street improvements, the Assembly will need to approve of such a policy. The Lands Committee reviewed this request and supported the change in policy, at its May 13, 1998 meeting.

I recommend that the Assembly approve the change in policy to allow CBJ gravel to be purchased for $1.50/ton for street improvement projects in existing CBJ rights-of-way.

B. Managerís Report - Information Items:

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

a) Juneau International Airport Board

b) Eaglecrest Ski Area Board of Directors

c) Juneau Human Rights Commission

d) International Relations Advisory Committee

e) Social Services Advisory Board

f) Youth Activities Board

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.