AGENDA/MANAGERS REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, September 14, 1998 - 7:00 PM

Assembly Chambers - Municipal Building

Meeting No. 98-31

Submitted by:
David R. Palmer
City & Borough Manager

I. FLAG SALUTE

II. INVOCATION

III. ROLL CALL

APPROVAL OF MINUTES

    1. 07/06/98 – Regular Mtg. No. 98-25
    2. 07/20/98 - Regular Mtg. No. 98-26
    3. 08/03/98 - Regular Mtg. No. 98-28

SPECIAL ORDER OF BUSINESS

1. Gastineau Channel Little League All-Stars

Both the Gastineau Channel Little League Boys’ Baseball Team and the Girls’ Fastpitch Softball Team won Alaska State Championships and recently represented Alaska at the Western Regional Tournament. Proclamations will be presented for each team at tonight’s meeting.

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

he 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. 98-31
    2. An Ordinance Amending the Purchasing Code to Establish a Temporary Exemption for Goods and Services Necessary to Prevent or Correct Problems Associated with Information Technology and the Year 2000. Presented by the Manager.

      This ordinance will provide an exemption to allow the city manager to effectively respond to urgent problems caused by the "Y2K bug". We cannot accurately predict the number or severity of the issues we will face, but we know that we must address them quickly. In these circumstances, the purchasing system will do more harm than good. A temporary exemption in force until June 30, 2000 is justified.

      The Y2K problem is defined with respect to the period after August, 1999 because the first millenium bug lands on 09/09/99.

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

    3. Ordinance No. 98-32
    4. An Ordinance Repealing Ordinance No. 97-21 Regarding Action by the Manager to Make Certain City and Borough Subdivision Lots in the S’it’Tuwan Subdivision Available to Haa Yakaawu, Also Known as Tlingit-Haida Regional Housing Authority, for the Construction and Sale of Housing Units. Presented by the Manager.

      On May 5, 1997, Ordinance 97-21 was enacted which provided for the sale of 14 CBJ lots in the S’it’Tuwan Subdivision to the Tlingit-Haida Regional Housing Authority (THRHA), at $40,000/lot. In addition, the ordinance provided for the donation of one lot to Habitat for Humanity. During September, 1997, an agreement was drafted by the CBJ and submitted to THRHA for action. THRHA did not follow through with the purchase.

      In June of this year the THRHA tendered an amended offer to purchase 13 CBJ lots (assessed value of $45,000/lot) in the S'it'Tuwan Subdivision over the next 5 years. The offered price is $23,077 per lot. Additionally, THRHA requests that the CBJ exempt the lots from property taxes. The anticipated funding source for any development on these lots would also carry with it a mandated preference for natives when selling the constructed units.

      In July a second proposal was submitted by the THRHA indicating an interest to buy one lot in order to partner with SAGA in the construction of a low-income attached home. SAGA is proposing to use the lot for a home building program for young adults. The offer is to purchase a lot for $40,000 due upon the completion of construction and sale of the unit(s). The funding source also mandates that there be an Indian preference in the sale of the unit(s). In addition there would be no payment of property tax.

      Both the Lands Committee and the Housing Committee reviewed these two last offers on August 12, 1998. Both committees recommended that since the THRHA is no longer interested in the sale provided for by Ordinance No. 97-21, that it be rescinded and a new disposal plan be developed.

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

    5. Ordinance No. 98-17 (G)
    6. An Ordinance Appropriating to the Manager the Sum of $619,400 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. Provided by the Manager.

      This ordinance will appropriate the remaining balance, $619,400, in FY96 and FY97 Southeast Alaska Economic Funds (SAEF) to the Juneau Economic Development Council=s Revolving Loan Fund (RLF) program. The Assembly had previously appropriated what was thought to be the remaining balance from the first two years of SAEF activity to the RLF. After the Assembly approved this remaining balance appropriation, two previously approved loan requests were withdrawn and one grant fund recipient did not use the full amount of their grant authorization. These changes resulted in an additional $619,400 surplus being made available from the first two years of SAEF activities.

      A copy of the JEDC funding request is enclosed in the packet. The Assembly Finance Committee approved this action on August 19, 1998.

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

    7. Ordinance No. 98-17 (H)
    8. An Ordinance Appropriating to the Manager the Sum of $5,000 for Materials and Supplies for the Zach Gordon Youth Center and $2,000 for Materials and Supplies for the Pipeline Skate Park. Such Funds Provided by a Donation from the Royal Caribbean Cruises Ltd. Provided by the Manager.

       

      This ordinance appropriates, at the donor’s request, a $7,000 donation from the Royal Caribbean Cruises Ltd. Of those funds, $5,000 is designated for the purchase of materials and supplies for the Zach Gordon Youth Center, and $2,000 is designated for the purchase of material and supplies for the Pipeline Skate Park. The use of funds was at the request of the donor.

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

    9. Ordinance No. 98-17 (I)
    10. An Ordinance Appropriating to the Manager the Sum of $131,300 for the Year 2000 Program. Such Funds Provided by Sales Tax Budget Reserve. Provided by the Manager.

      This ordinance appropriates $131,300 of FY99 Sales Tax Budget Reserve for the Year 2000 (Y2K) Program. The funds will be used for a one-time project manager to organize, coordinate, direct and implement the CBJ Y2K program. In addition to the personnel cost, funds will be used for assistance in specific program testing, fixes and implementation of contingencies.

      The Assembly Finance Committee approved funding of $200,000 for the Y2K project at its August 19,1998 meeting. The balance of $68,700 will be budgeted as a component of the FY00 Budget process.

      After this ordinance is adopted, the fund balance will be $5,355,640.00.

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

    11. Ordinance No. 98-17 (J)
    12. An Ordinance Appropriating to the Manager the Sum of $60,000 for the Douglas Harbor Float Addition Project. Such Funds Provided by the Harbors Contingency Fund. Provided by the Manager.

      This ordinance appropriates $60,000 from the Harbors Contingency fund to the Douglas Harbor Float Addition capital project. The bids came in higher than the engineer=s estimate. An additional $40,000 will be needed for construction and $20,000 for inspection. Currently, the budget for the project is $150,000; after this ordinance is adopted, the project budget will be $210,000.

      The Docks and Harbors Board approved this action at their meeting of July 30, 1998; minutes are included in your packet.

       

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

    13. Ordinance No. 98-17 (K)

An Ordinance Appropriating to the Manager the Sum of $9,692 to Repair the Men’s Restroom at the Zach Gordon Youth Center. Such Funds Provided by the Alaska Department of Administration. Provided by the Manager.

This ordinance appropriates a $9,692 grant from the Alaska Department of Administration to repair the men=s restroom at the Zach Gordon Youth Center. The repairs will also bring the restroom into compliance with ADA requirements. The surfaces and fixtures in the restroom have deteriorated to the point that sanitation has become an issue.

It is estimated that the complete project will cost $24,700. A transfer request will be presented at the meeting of September 21, 1998, to move the additional funding from the Essential Building Repairs capital project.

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

  1. Resolutions:
    1. Resolution No. 1950
    2. A Resolution Prohibiting Possession of Alcoholic Beverages in Gunakadeit Park, Jackie Renninger Park, and the Hank Harmon Rifle Range. Presented by the Manager.

      The Chief of Police and the Parks and Recreation Director report that these parks have been experiencing problems caused by the presence of public inebriates. Adoption of this resolution will allow the city manager to post signs prohibiting alcohol in the parks, violation of a posted prohibition is an infraction, punishable by a fine of up to $300.

      I recommend that this resolution be adopted.

    3. Resolution No. 1951
    4. A Resolution Canceling the Regular Assembly Meeting Scheduled for October 12, 1998. Presented by the Manager.

      This resolution cancels the October 12 Assembly meeting. With the municipal election scheduled to be held on October 6th, it is unlikely certification of the election results will occur prior to this regularly scheduled meeting. To allow newly elected assemblymembers to be sworn in at the first meeting following certification of the election, it appears prudent to cancel the meeting on the 12th.

      I recommend that this resolution be adopted.

    5. Resolution No. 1952

A Resolution Urging the Alaska Legislature to Provide Closed Captioning for Gavel-to-Gavel Coverage of Legislative Proceedings. Presented by the Manager.

This resolution acknowledges the importance of gavel-to-gavel coverage to all Alaskans, including the deaf and hearing impaired.

The resolution was prepared at the direction of the Assembly Finance Committee at its meeting of August 19th.

I recommend that this resolution be adopted.

C. Bid Awards:

    1. Bid No. 98-397: Four (4) Accessible Low-Floor Transit Coaches

Bid No. 98-397 for four (4) accessible low-floor transit coaches was opened on July 31, 1998 with the following results:

Encumbered:	$1,000,000.00 vehicles & equipment
Funding source: Federal ($946,088) and State ($93,912) grant funds
							Total Bid for
Bidder				Unit Price		4 Coaches
New Flyer of America		$243,219.00		 $ 972,876.00
Gillig Corporation		$254,877.00		$1,018.408.00
Schetky Northwest Sales		No Bid			No Bid
Neoplane USA Corp.		No Bid			No Bid
Nova Bus Corporation		No Bid			No Bid

Delivery date for the vehicles is expected to be in 24 months.

I recommend award to New Flyer of America on the basis of having the lowest responsive bid price, for a total award of $972,876.00.

2. Contract No. E98-466: Augustus Brown Swimming Pool Gutter and Soffit Repair

 

Bids were opened on the subject project on September 4, 1998. The bid protest period expired at 4:30pm on September 9, 1998. Results of the bid opening are as follows:

Responsive		 				  Total Bid
Silver Bow Construction		        	 $57,499.00
Superior Builders, Inc.				$124,999.00
North Pacific Steel Erectors, Inc.			$171,952.00


Architect’s Estimate					 $56,000.00

Non-Responsive: CB General Contractors. Reason: submitted a FAXed copy of a Bid Bond, instead of an original; Contractor also failed to sign the Bid Bond.

This project consists of disposal of existing built-in gutters, gutter drains, water-damaged wood soffit and fascia; installation of new gutters and accessories, and soffits and fascia, and miscellaneous related work for a fully-functional roof drainage system.

Funding Source: Essential Building Maintenance Fund
Total Project Funds: $105,100
CIP No. P396-06/Fund Number: 396-06-5-19-10-690
Construction Encumbrance: $57,499
Construction Contingency: $6,000
In-House Design: $5,000
In-House Contract Admin./Inspection: $5,000
Engineering Department Administrative Costs: $5,000

I recommend award of this project to Silver Bow Construction in the amount bid, for a total award of $57,499.00.


D. Liquor Licenses:

a. Two Year Renewals:

Beverage Dispensary:

      1. Rendevous;Rendevous, Inc.; Robert G. Schroth, Registered Agent; 184 S. Franklin St. Juneau, AK, 99801; mail: 184 S. Franklin St., Juneau, AK 99801
      2. Club:

      3. Fraternal Order of Eagles Aerie 4200; Eagles #4200; Mark Page; 2055 Jordan Avenue #1, Juneau, AK 99801; Mail; 3715 El Camino, Juneau, AK 99801
    1. Transfer of Ownership:

Restaurant/Eating Place:

      1. Oriental Express Restaurant; D&J Oriental Express Restaurant; Julita Q. Abad, Applicant, Darwin Q. Abad, Applicant; 210 Seward Street, Juneau, AK 99801; Mail: 5950 Lund Street, Juneau, AK 99801; Transfer from Oriental Express Restaurant

On Monday, August 10, 1998, the Assembly Human Resources Committee considered the above-listed liquor license two-year renewals and transfer. The Human Resources Committee recommended the Assembly protest the renewal or transfer of these three licenses based on information provided by the Finance Department but recommended waiving protest if the business reconciled the financial problem with Finance prior to the hearing. Rendevous, Eagles, and Oriental Express were sent certified letters providing notice that an informal hearing was set for the September 14 Assembly Meeting. Prior to finalizing of the packets for this meeting each of the businesses worked with Finance to reconcile its arrearage and therefore no hearings are necessary.

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

VII.  ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 98-17 (F)

An Ordinance Appropriating to the Manager the Sum of $200,000 for the Design of Improvements to the Juneau-Douglas and Mendenhall Wastewater Treatment Plants. Such Funds Provided by the Sewer Fund Retained Earnings. Presented by the Manager.

This ordinance appropriates $200,000 from the Sewer Fund=s retained earnings for design of improvements to the Juneau-Douglas and Mendenhall Wastewater Treatment Plants as follows:

a) Juneau-Douglas Treatment Plant Improvements: $100,000

This project will design replacement of the existing gaseous chlorine disinfection process, with one that uses ultraviolet light. This change is mandated by the plant=s discharge permit, which requires the discharge of chlorine be eliminated by the end of calendar year 1999. Disinfection using ultraviolet light is a proven technology and as effective as chlorine. The project will also address improvements in solids handling for better storage and disposal.

Once an engineer=s estimate is available, funding for the project will come from a loan from the Alaska Clean Water Fund. The preliminary cost estimate for the total project is $1.7 million. Debt service will be paid from user fees.

b) Mendenhall Wastewater Treatment Plant Improvements: $100,000

This project will design a number of improvements to the Mendenhall Plant: 1) replacement of the original and custom-built treated wastewater decanter with new off-the-shelf equipment; 2) replace existing supervisory control and data acquisition system with new personal computer and programmable logic controller based off-the-shelf software/hardware; 3) evaluation and reconfiguration of the plant=s solids handling process to make it more efficient and significantly reduce odors from that source; and, 4) major repairs to the old metal plant building which has deteriorated due to corrosion.

Improvements in solids handling should result in efficiencies and significant odor reduction. The metal plant building is in need of major repairs due to corrosion deterioration.

Once an engineer=s estimate is available, funding for the project will come from a loan from the Alaska Clean Water Fund. Preliminary estimate of the total project is $1.0 million. Debt service will be paid from user fees.

After this ordinance is adopted, the Sewer Fund Retained Earnings will be $1,508,484.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

IX. UNFINISHED BUSINESS:

X. NEW BUSINESS:

  1. Downtown Neighborhood Association’s Appeal of Planning Commission Approval of the Variance for Parking on Gastineau Avenue (VAR98-00029)

At its regular meeting on July 28, 1998, the Planning Commission granted approval of the variance to allow back-out parking onto Gastineau Avenue from two proposed parking lots related to a new retail/residential building on South Franklin Street. On August 17, 1998, Douglas Larson on behalf of the Downtown Neighborhood Association appealed the Commission=s decision to the Assembly.

The Notice of Appeal and the Notice of Decision on VAR98-00029 are in your packet.

The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly, must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

 

Douglas Larson, Max Borges, the Community Development Department, and the Planning Commission have been advised that this matter is before the Assembly. In general, the Department and the Commission, have no objection to acceptance of the appeal, although they reserve the right to object to argument by the Appellant on some of the issues included in the notice of appeal.

The following procedural issues should be decided:

      1. Will the Assembly accept the appeal?
      2. Will the Assembly hear the appeal itself or assign to a hearing officer?
      3. If the Assembly hears the appeal itself, will the Mayor preside, or will he

designate a member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process. With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal. After the Assembly has made its decisions on these issues, the Clerk will contact the parties and the presiding or hearing officer to notify them of the Assembly=s decision and to arrange for a pre-hearing conference or other proceedings.

XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

  1. Land Exchange–West Juneau/Shrine of St. Therese
  2. Included in your packet is a memorandum outlining a proposed equal-value land exchange between the City and the Corporation of Catholic Bishops of Juneau in which the church would convey approximately three acres of land in West Juneau for a portion of City land adjacent to the Shrine of St. Therese. The exact amount of City land to be conveyed to the church will be determined after an appraisal is made of both properties. The acquisition of the West Juneau property will enable the City to establish a neighborhood park in that area, a need that was identified in the 1996 Juneau Parks and Recreation Comprehensive Plan.

    The Assembly Lands Committee, the Parks and Recreation Advisory Committee, and the Planning Commission have reviewed the proposal and support the concept. The Municipal Code requires Assembly authorization to commence negotiations of land exchanges. After the details of the exchange are determined staff will prepare, for Assembly review and action, an ordinance which addresses the specific terms of the trade.

    I recommend the Assembly, by motion, authorize staff to commence negotiations for a land exchange with the Corporation of Catholic Bishops of Juneau, trading a parcel of land adjacent to the Shrine of St. Therese for a parcel of land in West Juneau to serve as a neighborhood park.

  3. Bartlett Regional Hospital – Financing Radiology Equipment Replacement

BRH is requesting that the acquisition of radiology replacement equipment be financed using the City=s master leasing arrangement with Key Bank. The master leasing contractual agreement requires an action on the part of the Assembly specifically approving the intent to lease. This item is being presented to you for final leasing approval.

BRH is requesting Assembly approval to lease up to $410,000 in radiology equipment for a period of five years. The new equipment will replacement and upgrade equipment in one of the Hospital=s two radiology and fluoroscopy (R & S) rooms. The X-ray rooms form the backbone of R & F departmental operations. The equipment being replaced is in excess of 10 years old and requires more frequent repairs. The new equipment will utilize state of the art AdigitalA technology. The total amount to be leased will be determined as part of the negotiations with Key Bank under the Master Lease provisions.

I recommend the Assembly approve, by motion, the Hospital=s request to lease these items under the terms of the Key Bank Master Lease.

  1. Manager=s Report - Information Items:
    1. Hank Harmon Rifle Range – Caretaker Agreement
    2. At the August 17th Assembly meeting, direction was given to prepare an agreement with Mary Jordan as caretaker of the Hank Harmon Rifle Range. Kimberly Kiefer, Parks & Recreation Director is working with Ms. Jordan and the Shooting Range Advisory Committee to finalize the agreement, which is currently under review by the CBJ Law Department.

    3. Planning Commission Stipend
    4. Eaglecrest Ski Area: Changes in Season Ski Pass Prices

The Eaglecrest Board of Directors, at its meeting of September 8, approved to substantially change the ski pass prices for this year’s season. According to CBJ Code, the Assembly may change any fee or charge approved by the Board. By taking no action, the fee changes are effective September 8, 1998.

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 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.