AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, August 3, 1998 - 7:00 PM
Assembly Chambers - Municipal Building

Meeting No. 98-28

Submitted by:
David R. Palmer
City & Borough Manager


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I. FLAG SALUTE

II. INVOCATION

III.   ROLLCALL

IV.   APPROVAL OF MINUTES

1. 06/15/98 – Regular Mtg. No. 98-24

SPECIAL ORDER OF BUSINESS

1. Certificate of Achievement for Excellence in Financial Reporting (CAFR) Award Presented by the Government Finance Officers Association

Once again, the Government Finance Officers Association has presented this prestigious award to the City & Borough for its comprehensive annual financial report (CAFR). This Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

The award is officially presented to Mary Norcross, the person primarily responsible for preparing the CAFR. On behalf of the City & Borough Assembly and Administration, I would like to congratulate Mary, Craig Duncan and the Finance Department staff for meeting the high standards necessary to achieve this level of accomplishment.

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:

1. Ordinance No.98-17 (B)

An Ordinance Appropriating to the Manager the Sum of $512,048 for the Following Capital Projects: Essential Building Repairs, Fire Station Repairs Phase III, American Disabilities Act Compliance, Underground Fuel Storage Tanks, and Sports Field Safety Repairs And Major Maintenance. Such Funds Provided by the Alaska Department of Administration. Presented by the Manager.

This ordinance appropriates $512,048 for the six grants awarded under the FY99 Alaska Department of Administration (DOA) Municipal Capital Project Matching Grants Program. The local share for all projects was provided for in the FY99 Budget Ordinance, No. 98-17, as prioritized by Resolution Serial No. 1932. Ordinance No. 98-17 provides matching funds at levels equal to or greater than the State’s requirement.

1. PROJECT TITLE: Essential Building Repairs

Funding will be used to continue with essential building repairs of city owned facilities. The primary purpose of these building repairs is to avoid more serious problems that could occur if current situations are not immediately addressed.

STATE FUNDING REQUEST:		$ 126,000
LOCAL MATCH:		$ 54,000
TOTAL PROJECT COST:		$ 180,000

2. PROJECT TITLE: Juneau Fire Station Repairs, Phase III

Funding will be used to address the failure of the exterior waterproofing system and resultant deterioration of masonry block at the Juneau Fire Station. The funding will address continuing roof leaks and problems with the horizontal siding.

STATE FUNDING REQUEST:		$ 130,548
LOCAL MATCH:		$ 118,300
TOTAL PROJECT COST:		$ 248,848

                            3. PROJECT TITLE: American Disabilities Act Compliance

Funding will be used to bring City and Borough of Juneau (CBJ) facilities, buildings, and transit vehicles into compliance with the Americans with Disabilities Act. The CBJ Accessibility Task Force annually recommends specific projects.

STATE FUNDING REQUEST:		$ 35,000
LOCAL MATCH:		$ 15,000
TOTAL PROJECT COST:		$ 50,000

4. PROJECT TITLE: Underground Fuel Storage Tanks

Funding will be used to continue the CBJ on-going effort to repair or replace underground fuel storage tanks at CBJ facilities and buildings. The work is necessary to bring CBJ facilities and buildings into compliance with Alaska Department of Environmental Conservation and U.S. Environmental Protection Agency regulations.

STATE FUNDING REQUEST:		$ 140,000
LOCAL MATCH:		$  60,000
TOTAL PROJECT COST:		$ 200,000

5. PROJECT TITLE: Sports Field Safety Repairs/Maintenance

Funding will be used for safety-related repairs and major maintenance to CBJ sports field facilities. The purpose of the projects is to assure that sports fields and related equipment are available for safe activities.

STATE FUNDING REQUEST:		$ 52,500
LOCAL MATCH:		$ 22,500
TOTAL PROJECT COST:		$ 75,000

6. PROJECT TITLE: Parks and Playground Safety Repairs

Funding will be used for safety-related repairs and maintenance at various parks and playgrounds in the community. Specific park safety repairs for FY99 will take place a Chicken Yard Park, Twin Lakes Park, Sigoowu Ye Park, and Riverside Rotary Park.

STATE FUNDING REQUEST:		$ 28,000
LOCAL MATCH:		$ 12,000
TOTAL PROJECT COST:		$ 40,000

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

2. Ordinance No. 98-17 (C)

An Ordinance Appropriating to the Manager the Sum of $100,000 to Design a Replacement High Pressure Water Line That Crosses Gold Creek on Calhoun Street. Such Funds Provided by the Water Fund Retained Earnings. Presented by the Manager.

This ordinance appropriates $100,000 of the Water Fund Retained Earnings for design of a replacement high-pressure water line crossing Gold Creek on Calhoun Street. Recently, during the repair of a small leak, the Water maintenance crews inspected the existing welded steel high-pressure line and found that the line was in very poor condition and should be replaced. The line, which has been in service over 40 years, is suspended under the Calhoun Street Bridge, and is the only feed up to the Highlands area.

These funds will cover fieldwork and design, resulting in a construction cost estimate. Construction funds will be requested, if needed, when the design is complete. A copy of a Memorandum from the Water Utility Superintendent provides more information and is included in your packet.

After this ordinance is adopted, the Water Fund Retained Earnings balance will be $2,086,595.

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

3. Ordinance No. 98-17 (D)

An Ordinance Deappropriating the Sum of $16,000; $15,000 from the New High School/Dimond Park Planning Project and $1,000 from the Manager’s Operating Budget. Such Funds, $15,000, Provided by the New High School/Dimond Park Project General Revenue, and $1,000, Provided by the Manager’s Operating Budget. Presented by the Manager.

This ordinance deappropriates $15,000 from the New High School/Dimond Park Planning project and $1,000 from the Manager’s FY99 operating budget, and restricts the funds for voter information pamphlets for the October 1998 ballot.

A companion ordinance, No. 98-17 (E) appropriates $16,000 to be used specifically for the voter information pamphlets. The deappropriation/appropriation process is necessary to comply with APOC requirements to specifically identify the source of funds.

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

4. Ordinance No. 98-17 (E)

An Ordinance Appropriating to the Manager the Sum of $16,000 for Publication of Voter Information Pamphlets. Such Funds, $15,000, Provided by the New High School/Dimond Park Planning Project General Revenue, and $1,000, Provided by the Manager’s FY99 Operating Budget. Presented by the Manager.

This ordinance appropriates $16,000 for the preparation of voter information pamphlets for the October 1998 ballot. This ordinance is a companion to Ordinance No. 98-17 (D).

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

B. Resolution:

1. Resolution No. 1948

A Resolution Authorizing Imposition of a Surcharge Payable to the State of Alaska Upon a Plea to, Forfeiture of Bail for, or Conviction of Certain Infractions and Misdemeanors. Presented by the Manager.

This resolution complies with a 1998 amendment to Title 29 requiring municipalities to participate in the state system for collecting a surcharge on sentences imposed for conviction of all but minor offenses. Proceeds from the surcharge will be earmarked for the Alaska police training fund, which supports the Public Safety Training Academy, Village Public Safety Officers, the Alaska Police Standards Council, and municipal police training funds.

The state presently imposes the surcharge on people convicted of most state offenses and municipal drunk driving charges: the 1998 amendment expands the program to include all municipal offenses carrying a penalty of more than $30.

The statute provides that the court system can do the actual collection. Staff will work with the District Court to implement this service. The statute allows the court to charge a fee for the service, and provides that the legislature "subject to appropriation" may reimburse us for the fee.

I recommend that this resolution be adopted.

C. Bid Award:

1. Contract No. E98-524: Duck Creek Culvert at Cessna Drive

Bids were opened on the subject project on July 24, 1998. The bid protest period expired at 4:30pm on July 27, 1998, with the following results:

Responsive                       Base Bid     Additive     Alternate Total  Bid
Gastineau Contractors, Inc.     $70,235.00    $22,500.00   $92,735.00
Arete Construction Corp.        $69,900.00    $24,300.00   $94,200.00
Glacier State Contractors, Inc. $93,200.00    $19,000.00   $112,200.00
Channel Construction, Inc.      $88,680.00    $26,850.00   $115,530.00
Engineer=s Estimate                         $81,075.00        $23,500.00      $104,575.00

The base bid for this project consists of construction of a new road crossing into the Airport fuel storage facility, near the terminus of Cessna Drive. The Additive Alternate consists of construction of a concrete fish trap structure. Completion time - 60 calendar days from Notice to Proceed.

Funding source; grants from US Fish & Wildlife; US National Marine Fisheries; Partners for Fish & Wildlife; CBJ Wetland Mitigation; AK DOT/PF; CBJ Sewer Fund; Trout Unlimited.

Total project funds are $155,000; construction encumbrance is $92,735; construction contingency is $9,000 (owner supplied materials & pipe = $14,500); consultant design is $14,500; consultant contract administration/inspection is $5,900.

I recommend award of this project to Gastineau Contractors, Inc. in the amount bid for the Base Bid and the Additive Alternate, for a total award of $92,735.00

VIII. ORDINANCES FOR PUBLIC HEARING:

UNFINISHED BUSINESS:

NEW BUSINESS:

A. Liquor Licenses:

1. Protest of Liquor License Renewal Application Pending Transfer of Ownership

Renewal of Beverage Dispensary:

Imperial Bar; Imperial Bar, Inc.; Robert J. Schroth, Registered Agent; 241 Front St. Juneau, AK 99801; mail: Box 32298, Juneau, AK 99803

Transfer of Ownership of Beverage Dispensary:

Imperial Bar; Imperial Bar, Inc.; Robert R. Daniel, President; 241 Front St. Juneau, AK 99801; mail: 241 Front St. Juneau, AK 99801; Transfer from Imperial Bar, Inc. (Corporate stock transfer)

On Monday, July 20, 1998, the Assembly Human Resources Committee considered Imperial Bar Inc.’s liquor license transfer and renewal of license. The HRC recommended the Assembly waive its right to protest the transfer and also recommended the Assembly protest the renewal of the license with the stipulation to withdraw the protest if the transfer occurs. Considering the factors provided by the Juneau Police Department, HRC members voted in favor of a protest of the renewal based on CBJ 20.25.025(a)(2) which reads "(2) Actual and potential law enforcement problems, including the proximity of the premises to law enforcement stations and patrols;" Information provided by the Juneau Police Department indicated there had been eight undercover drug buys in the bar between March and May.

Therefore, the HRC recommended the Assembly have no objection to the transfer however the Assembly should reserve its right to protest the renewal if the transfer does not occur or the license remains in the current licensee’s name.

Included in your packet are supporting documents including a certified letter from the Municipal Clerk to Mr. Robert Schroth and Mr. Robert Daniel of Imperial Bar Inc. setting forth the Assembly’s intent to protest the renewal and providing notice of the hearing this evening.

The CBJ code requires the Assembly now hold an "abbreviated informal hearing" on the Imperial Bar Inc.’s renewal and transfer. At the conclusion of the hearing, the Assembly should make a decision on whether to protest the renewal. Your packet contains a memorandum from the Attorney describing these procedures.

I concur with the Assembly Human Resources Committee’s recommendation to the Assembly that it reserve its right to protest Imperial Bar Inc.’s liquor license renewal if the transfer of Imperial Bar Inc.’s license does not occur.

Certificate of Public Convenience and Necessity:

Goenett dba as Island Waterways, Inc., has filed for a For-Hire Vehicle Certificate of Public Convenience & Necessity application to operate van services with three vehicles.

In compliance with the notice requirements under CBJ 20.40, notification was given to certificate holders of Mr. Goenett's applications. Prior to packet distribution, Mr. Goenett requested postponement of one of his applications, Northgate Tours & Cruises, therefore, this hearing is for the application of Martin B. Goenett dba Island Waterways, Inc. only. The holders of for-hire certificates may provide written comments or testify before the Assembly in support of or in opposition to the certificate.

Included in your packet are the following items: staff summary of the application; revised certificate application with attachments from Martin B. Goenett dba Island Waterways; July 29 letter from CBJ to Mr. Goenett requesting further clarification of applications; July 29 letter from Mr. Goenett in response; July 30 letter from Ms. Adams stating intent to cease operations upon issuance of new certificate to Mr. Goenett; July 28 letter from Juneau Independent Driver’s Association opposing the certificate; and July 30 memorandum from CBJ outlining the measures taken regarding enforcement of flag stop service by non-taxi certificate holders.

Assembly Hearing on Application

The hearing will address the issues in CBJ 20.40.050. The Assembly will make a determination about whether:

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.

When making the above finding the Assembly is required to consider:

the character, experience and responsibility of the applicant, and the public health, safety and welfare.

If the Assembly makes the above finding, 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.

The Assembly may modify the certificate and include in its approval:

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.

If the Assembly approves a certificate application, it is not considered to be issued:

until it has been signed by the clerk, sealed with the official city and borough seal and delivered to the prospective holder.

Prior to issuing the Certificate of Public Convenience & Necessity Permit, the Municipal Clerk ensures the company has complied with all filing and payment requirements of the Finance Department, and ensures the company has in full force and effect an indemnity bond for each vehicle authorized as required by CBJ 20.40. Finance has notified the Municipal Clerk that Mr. Goenett is not in compliance and he will need to schedule an appointment to work out the filing details prior to issuance of a certificate. An indemnity bond for the three vehicles was provided by Mr. Goenett.

I recommend that the Assembly make a finding that Martin B. Goenett, dba as Island Waterways is fit, willing, and able to perform such public transportation as he has proposed in his application, and that the municipal clerk be directed to issue a certificate to the applicant upon satisfactory evidence of compliance with the applicable provisions of Chapter 20.40.

XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

1. 1% for Art: Bartlett Regional Hospital Administration Building

The 1% for Art Selection Panel met on July 22, 1998 to make the following recommendation to the Assembly:

The Panel has selected works of art proposed by two artists to be included in this project. The Panel consulted with the project architect to assure compatibility of the artwork with the design of the building. The Bartlett Regional Hospital planning board has reviewed and selected the selection. The building is scheduled to open in February 1999.

The first selection is a carved 9' 7" tall half round Tlingit style house post that is wrapped around a steel column in the main lobby. The post is wider at the top then tapers at the bottom, creating an illusion of being straight, rather than diminishing as in a totem pole. There will be a glass mirror countersunk on the back to complete the sculpture. The artist is Michael Lee Beasley of Douglas. The installed cost of this artwork is $16,400.

The second selection consists of one 4' x 8' canvas for the main floor lobby and three 22" x 30" paintings for the upstairs lobby. The large painting will be floral/botanical motif with a subdued figure in the background. Three smaller paintings of blue, magenta, and green tones will be with a salmon/fish motif, designed to harmonize with a nearby aquarium. The Selection Panel will be invited, during the work in progress, for the option of selecting an alternate set of paintings for the upstairs lobby. The installed cost of this artwork is $10,000.

Total construction budget $2,911,836

Public Works contribution for road improvement - $200,000

$2,711,836

1% for Art account $27,200

1% for Art printing/advertising & contingency $800

1% for Art RFP $26,400

I recommend the Assembly approve the 1% for Art selections for the Bartlett Regional Hospital Administrative Building.

B. Manager's Report - Information Items:

City Manager's Fourth Quarter Report: April - June, 1998

2. Central Treasury Investment Report for Quarter Ending June 30, 1998

3. Status Report on Police Station Construction

C. Attorney's Report:

1. Law Department's Fourth Quarter Report: April - June 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 audiotape 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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Last revised on - 10/27/98