AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, November 2, 1998 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 98-35

Submitted by: _____________________________

David R. Palmer

City & Borough Manger


  1. FLAG SALUTE
  2. INVOCATION
  3. ROLL CALL

APPROVAL OF MINUTES

1. 7/22/98 – Special Mtg. No. 98-27

2. 9/14/98 - Regular Mtg. No. 98-31

3. 9/21/98 - Regular Mtg. No. 98-32

SPECIAL ORDER OF BUSINESS

    1. Swearing in of Newly Elected Assemblymembers
      1. John MacKinnon
      2. Cathy Engstrom Muņoz
      3. Jim Powell
  1. MANAGER’S REPORT FOR AGENDA CHANGES
  2. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).
  3. 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.

    1. Ordinances:
      1. Ordinance No. 98-19
      2. An Ordinance Amending the Land Use Code to Bring the Text into Conformance with the Table of Dimensional Standards and to Remove Obsolete References to the "D-7" Zoning District. Presented by the Manager.

        This is a housekeeping ordinance to update the text of the land use code with changes previously made to the table of permissible uses. At its October 13, 1998 meeting, the Planning Commission recommended approval of this amendment.

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

      3. Ordinance No. 98-20
      4. An Ordinance Amending Tables in the Land Use Code to Remove Obsolete References to Zoning Districts. Presented by the Manager.

        This is a housekeeping ordinance that removes references to the Waterfront Commercial/Industrial (WCI), Waterfront Commercial/Residential, (WCR), and Waterfront Commercial/Office (WCO) zones in the Table of Dimensional Standards and the Table of Vegetative Cover. WCI has been renamed to Waterfront Industrial (WI) and the other two zones no longer exist.

        The code revision project presently underway will propose a "revisor of ordinances" section authorizing the city attorney to make corrections such as this via an informal report to the Assembly rather than through formal legislative action.

        At its October 13, 1998 meeting, the Planning Commission recommended approval of these amendments.

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

      5. Ordinance No. 98-35
      6. An Ordinance Amending the Purchasing Code to Allow Negotiated Purchases of Services from Government Agencies, Schools, and Nonprofit Corporations. Presented by the Manager.

        This ordinance implements the recent Charter amendment allowing negotiated purchases of services from certain vendors. The ordinance takes a conservative approach by including a requirement for manager review of all such contracts. This will allow centralized monitoring of this new contracting technique.

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

      7. Ordinance No. 98-36

An Ordinance Amending the Sales Tax Code to Provide for Collection of a Temporary One Percent Areawide Sales Tax on the Sale Price of Retail Sales, Rentals, and Services Performed Within the City and Borough of Juneau, the Proceeds of Which are to be Allocated for Improvements and Repairs to a Variety of Park, Harbor, and Eaglecrest Facilities. Presented by the Manager.

This ordinance will change the code to implement the provisions of the 1% temporary sales tax levy approved by the voters on October 6. The code change is to add the 1% sales tax rate increase for the period January 1, 1999 through December 31, 2000. The ordinance will make no other changes to the Sales Tax code. This ordinance change will be automatically repealed on January 1, 2001.

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

    1. Resolutions:
      1. Resolution No. 1962

A Resolution Authorizing the Manager to Submit an Application to the Alaska Department of Environmental Conservation for Application to the Alaska Clean Water Fund and Designating the Manner of Accepting and Managing the Loan for the Purpose of Replacing Decanters and Piping at the Mendenhall Wastewater Treatment Plant. Presented by the Manager.

This resolution authorizes the Manager to submit an application to the State Department of Environmental Conservation for a loan of $1,000,000 from the Alaska Clean Water Fund to finance the replacement of decanters and computer hardware and software at the Mendenhall Wastewater Treatment Plant. Design for these improvements was authorized by Ordinance No. 98-17 (F) adopted on September 14, 1998. This project will include the demolition, removal and disposal of the existing decanters and piping and installation of new decanters that exclude solids during the react cycle. The Clean Water Fund provides an interest rate of approximately 5%. A copy of the application to the state is included in your packet.

I recommend that this resolution be adopted.

    1. Bid Awards:

1. Contract No. E99-082: Underground Storage Tank Replacement

Responsive Base Bid Alt. 1 Alt 2 Total
Hulegaard Construction $39,800 $ 7,500 $30,000 $77,300
Arete Construction Corporation $58,806 $10,892 $32,988 $104,186
Engineer’s Estimate $66,250 $5,000 $12,500 $83,750

Non-responsive: Channel Construction, Inc. was declared non-responsive for failure to list subcontractors as required in Section 00320. A protest was filed by Channel Construction, but the declaration of Hulegaard Construction as low bidder was upheld by the Purchasing Officer, and no appeal was filed.

The base bid consists of underground fuel storage tank removal, replacement, and piping upgrades at the Central Fire Station and in the Last Chance Basin. Alternate No. 1 consists of removing the waste oil tank at Auke Bay Harbor; Alternate No. 2 consists of removing underground fuel storage tanks at four CBJ sanitary sewer lift stations and miscellaneous related work.

Funding Source: Sales Tax/State Grant

Total Project Funds: $205,000

I recommend award of this project to Hulegaard Construction in the amount bid for the base bid and alternates 1 & 2, for a total award of $77,300.00.

  1. ORDINANCES FOR PUBLIC HEARING
  2. 1. Ordinance No. 98-33

    An Ordinance Amending the Business Code to Prohibit the Possession of Alcoholic Beverages in Parks, Recreation Areas, and Other Open Areas Owned by the Municipality if Posted by the Manager Upon Approval by the Assembly by Motion. Presented by the Manager.

    Administrative or Staff Report

    This amendment will allow the Manager to secure Assembly approval of any proposed limitation on alcohol in a municipal area.

    This ordinance was prepared in conformity with Assembly direction at the regular meeting of September 14.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

2. Ordinance No. 98-34

    An Ordinance Amending Ordinance 96-09 to Allow the Attorney to Convert Unused Personal Leave to Cash. Presented by the Finance Committee.

    Administrative or Staff Report

    This ordinance provides for a cash conversion of the Attorney’s unused leave that would otherwise be subject to a "use it or lose it" rule. This policy was negotiated by the Attorney and the Executive Compensation Committee and approved by the Finance Committee and the Assembly.

    The agreement was negotiated as part of the Attorney’s 1997 performance review, but implementation has been delayed pending negotiations on the Manager’s compensation package. The Manager’s negotiations are complete, and do not include a leave cash-out option. Accordingly, this ordinance applies only to the Attorney.

    The ordinance establishes an exception to this personnel rule:

    11 PR 030 (c) Minimum leave not used is deducted from the 
    employee’s leave balance on the day immediately preceding 
    the first day of the first pay period in January. An 
    employee may not receive any credit or compensation for 
    deducted leave.

    The exception established by this ordinance provides that the Attorney may cash out eligible leave at any time during the calendar year, but if he does not, the payroll division will do it automatically at the end of the year. This will prevent the build-up of a large cash-out liability that would complicate budgeting for Law Department pay.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

    3. Ordinance No. 98-17 (N)

    An Ordinance Appropriating to the Manager the Sum of $100,000 for Distribution to the Southeast Conference for the Purpose of Conducting a Socio-Economic Study of Southeast Alaska. Such Funds Provided by the U.S. Department of Agriculture – Alaska Economic Disaster Fund. Presented by the Manager.

    Administrative or Staff Report

    This ordinance authorizes the manager to appropriate $100,000 towards the Southeast Conference Socio-Economic Study of the Region, as envisioned in Ordinance No. 97-17 (J) adopted August 18, 1997.

    The Southeast Conference of Mayors, at its meeting in Sitka August 26th & 27th, unanimously agreed this appropriation be redirected to the SE Conference to carry out the study. The study will "generate a road map for Southeast economic development, detailing the region’s current economic health, how we got here, and the best approaches to further economic development in the region". A copy of the complete study is included in your packet.

    Other SE communities participating, as outlined in Conference Director Berne Miller’s August 26th memo, are Ketchikan ($68,000); Sitka ($46,300); Haines ($8,000); Petersburg ($8,300); and Wrangell ($56,700) for a total of $255,000.00.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

    4. Ordinance No. 98-17 (O)

    An Ordinance Appropriating to the Manager the Sum of $29,500 for a General Wage Increase for Public Safety Employee Association Members. Such Funds Provided by Roaded Service Area Fund Balance. Presented by the Manager.

    Administrative or Staff Report

    The City and Borough of Juneau completed negotiations with the Public Safety Employees Association after the Assembly adopted the FY99 budget. This ordinance increases the Police Department’s budget based on the negotiated union contract increases.

    The Assembly voted to ratify the 1998-2001 labor agreement at the meeting of June 15, 1998 and formalized the decision with the adoption of Resolution No. 1944 on July 20, 1998.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

    5. Ordinance No. 98-17 (P)

    An Ordinance Appropriating to the Manager the Sum of $6,850 for Replacement of Kitchen Service Ware at Centennial Hall. Such Funds Provided by the Food and Beverage Concessionaire. Presented by the Manager.

    Administrative or Staff Report

    This ordinance appropriates a $6,850 payment from the Centennial Hall food and beverage concessionaire for replacement of broken, lost or damaged Centennial Hall kitchen service ware while under contract with the concessionaire. The current concessionaire’s contract is over and this payment was a condition of the original contract. These replacement items will be purchased in FY99 and are needed to maintain the current level of service at Centennial Hall.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

    6. Ordinance No.98-17 (Q)

    An Ordinance Appropriating to the Manager the Sum of $1,000,000 for Continuation of Phases I and II, and for Renovation of the Central Sterile Supply Area of Bartlett Regional Hospital’s Project 98. Such Funds Provided by Bartlett Regional Hospital Retained Earnings. Presented by the Manager.

    Administrative or Staff Report

    This ordinance will appropriate $1,000,000 to Bartlett Regional Hospital’s (BRH) "Project 98" from the Hospital’s retained earnings.

    Phase I is the construction of the new administration building which is approximately 50% complete. Upon completion in early February, 1999, the Hospital Business office will move into the new facility allowing construction of Phase II to begin.

    Phase II is the remodel of existing space in the Bartlett Hospital facility. The remodeled areas will house a larger and improved short stay (outpatient) surgery department and a Central Sterile Supply area. Phase II also includes minor renovations of the former SEARCH building (presently being used for business functions) whose new use will be for cardio-pulmonary rehabilitation and EEG sleep analysis/laboratory.

    $400,000 is being added to the existing budget of $5,035,050 previously appropriated for phases I and II of the project. It is estimated that after this appropriation an additional $2,576,000 will be needed to complete Phase II. These funds will be appropriated at a future date.

    $600,000 is being added to the project to include the renovation of the Central Sterile Supply Area in the surgery area. The renovation will solve the problem of the flow of soiled utilities and equipment through the Operating Room, add storage, and larger lockers. Initially, the renovation was deleted from the project scope due to insufficient funds. Funds are now available, and the renovation can proceed.

    The Public Works and Facilities Committee has considered and approved the scope and budget increase for the Central Sterile Supply Area renovation at the meeting of September 9, 1998.

    The Hospital Board approved transfer of $1,000,000 from the hospital enhancement restricted funds to the "Project 98" capital budget at their regular board meetings of August 25, and September 15, 1998.

    Copies of the BRH Board of Directors meeting minutes from August 25, and September 15, 1998 are enclosed in the packet.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

  1. UNFINISHED BUSINESS
  2. NEW BUSINESS
  3. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS
    1. Manager’s Report – Action Items:
    2. Manager’s Report – Information Items:
      1. Progress Report – Mendenhall Valley Wastewater Treatment Plant
      2. Police Station Bid – Status Report
      3. Update of Camping Enforcement – Fish Creek Area
      4. Communication/Leadership Training
      5. City Manager’s Quarterly Report to the Assembly: July –September, 1998
    1. Attorney’s Report:

1. Boone vs CBJ

2. City Attorney’s Quarterly Report to the Assembly: July – September, 1998

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS
    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS
    1. Committee Reports:
      1. Committee of the Whole
      2. Finance Committee
      3. Committee on Committees
      1. ADA Committee
      2. Douglas Service Area Advisory Board
      3. Health Care Coordinating Council
      4. Housing Advisory Committee
      5. Planning Commission
      6. Social Services Advisory Board
      7. Waste Management Committee
      1. Human Resources Committee
      2. Lands and Resources Committee
      3. Public Works and Facilities Committee
      4. Assembly Strategic Policy Committee

B. Board Liaison Reports

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).
  3. 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.