AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, January 11, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-03

 

Submitted by: _____________________________

David R. Palmer

City & Borough Manger


  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
    1. 11/02/98 – Regular Mtg. No. 98-35
    2. 11/16/98 – Regular Mtg. No. 98-36

SPECIAL ORDER OF BUSINESS

1. Legislative Strategy

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

  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.

 A. Liquor Licenses:

      1. Two-Year Renewals:
      1. Package Stores:
      1. Restaurant/Eating Place:
      1. Transfer:
      1. Package Store:

- Oaken Keg Spirit Shop #40; Oaken Keg Spirit Shops, inc.; Lawrence H. Howard- CEO, Robert J. Klein – President, Donald J. Anderson – Secretary, J. Michael Moxness – Secretary; 3033 Vintage Blvd., Juneau, Ak; Mail: 6411 A Street, Anchorage, AK 99518; Stock Transfer.

The Finance, Fire, and Police departments have reviewed the applications and indicated no objections. The Community Development Department reviewed the applications and had no objections other than to note at the Human Resources Committee meeting that the Adlersheim Lodge application is okay if Adlersheim is operating as a "lodge" rather than as a "restaurant." CDD’s concerns were about ingress and egress to the lodge if operated as a restaurant. Mr. Island stated in a telephone conversation with the Municipal Clerk that the only customers were lodge clients and Adlersheim was not open to the general public as a restaurant. The Human Resources Committee met on Monday, January 4, 1999, and based on the information provided at its meeting, adopted motions to recommend the Assembly waive its right to protest the two-year liquor license renewals and the transfer 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.

    1. Bid Award:
      1. Contract No. E99-025: Juneau Police Station

Bids were opened on the subject project on October 15, 1998. One bid (Cornerstone Construction Company, Inc.) was deemed non-responsive for failing to provide a valid Subcontractor report.

This bid was originally proposed to be awarded to Triplette Construction. The Bid Review Board heard an appeal by two other bidders, Nuna Contractors, Inc. and McGraw Custom Construction.

The packet includes a finding from the Bidding Review Board that Nuna’s bid was responsive. The time to protest the Review Board’s decision has expired. A "notice of intent to protest" was received from Jack’s Plumbing and Heating, purporting to advise of the grounds that a protest of the Review Board’s decision might be filed. It was not. However, a response to the notice of intent to protest is included in the packet as well.

No appeal of the Review Board’s decision was filed by either Triplette or McGraw.

Results of the bid opening are as follows:

RESPONSIVE

Base Bid

Alt. 1

Alt. 2

Alt. 3

Alt. 4

TOTAL BID

NUNA Contractors

$6,105,702

$83,223

$97,555

$16,209

$48,429

$6,351,118

Triplette Const. Company

6,206,500

88,908

89,981

93,000

13,200

6,491,589

McGraw Custom Const.

6,339,500

101,000

93,000

101,000

15,000

6,649,500

Dawson Construction, Inc.

6,721,175

106,000

106,000

100,000

19,700

7,052,875

Coogan Const. Company

7,156,845

104,000

115,000

112,000

16,000

7,503,845

Architect's Estimate

$6,608,400

$122,000

$138,000

$134,000

$45,000

$7,047,400

The Base Bid for this project consists of site preparation, site improvements, and construction of an approximately 32,000 square foot, two-story steel-framed building for use as a municipal police station. Alternate 1 provides a fiberglass canopy on the north side of the building; Alternate 2 provides a fiberglass canopy adjacent to CMU wall; Alternate 3 provides for a Firearms Training Simulator system; Alternate 4 provides chain link fencing, post braces, manual gates and components.

Based on the Bidding Review Board’s decision, I recommend award of this project to NUNA Contractors, Inc., in the amount bid for the Base Bid and Additive Alternates 1 through 4, for a total award of $6,351,118.

 

  1. ORDINANCE FOR PUBLIC HEARING
  2. 1. Ordinance No. 99-01

    An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of Lot 2, Channel View Subdivision. Presented by the Manager.

    Lot 2, Channel View Subdivision, a 2.85-acre parcel adjacent to Mike Hatch Jeep Sales in North Douglas, is currently zoned Rural Reserve transitioning to Residential. The Planning Commission, at its December 8, 1998 regular meeting recommended that the zoning be changed to General Commercial.

    This zone change would be consistent with the Comprehensive Plan designation for the property.

    Since this ordinance was introduced, Community Development has indicated that the ordinance is missing certain zone conditions that the Planning Commission imposed. My recommendation is to defer the ordinance until February 1st.

    I recommend that this ordinance be deferred for public hearing until the February 1, 1999 regular meeting.

  3. UNFINISHED BUSINESS
      1. Ordinance No. 98-26
      2. An Ordinance Amending the Sewer Code to Increase the Sewer Service Rates. Presented by the Manager.

        Administrative or Staff Report

        The sewer service rates have not increased since July 1, 1992. Increased customers have resulted in sufficient revenue to cover operational expenses over that period. Significant new capital improvement projects now require that rates be increased to provide revenues to cover the associated debt service. This proposal was reviewed and approved by the Assembly Finance Committee at its December 9, 1998 meeting.

        This ordinance would increase sewer service rates in two steps, as requested at the January 4th Assembly meeting:

        1. On July 1, 1999 the rate per unit will increase to $34.50 per month and the commercial rate will increase from $5.00 to $5.25 for each 1,000 gallons.

        2. On July 1, 2000 the rate per unit will increase to $35.50 per month.

        Included in your packet is a memo from Public Works Director Ernie Mueller explaining the need for this increase. A $1.00/month increase in

        the rate would result in revenue for that month of $7,100.

        Your packet includes the original ordinance as introduced, and the amended ordinance, no. 98-26am

        I recommend that this ordinance be adopted, as shown in amended Ordinance No. 98-26am.

        Public Hearing

        Assembly Action

      3. Ordinance No. 98-40
      4. An Ordinance Amending the Land Use Code Table of Permissible Uses to Allow Scrap Material Salvage Yards, Junkyards, Automobile Graveyards and Other Such Uses in the WI, Waterfront Industrial Zone. Presented by the Manager.

        Administrative or Staff Report

        This ordinance amends the Land Use Code, Table of Permissible Uses to allow scrap material salvage yards, junkyards, and automobile graveyards and other uses in the WI, waterfront industrial zone. The table currently allows these activities with an allowable use permit in the I, industrial zone. The waterfront industrial district is intended for industrial and port uses, which need or substantially benefit from a shoreline location. In Juneau, these operations may be dependent upon a deep-water port location. It would be appropriate to locate such water-dependent industrial uses in the waterfront industrial zone.

        The Planning Commission reviewed the ordinance at its meeting of December 8, 1998. The Commission recommends that the Assembly adopt this ordinance.

        At its meeting of January 4th, the Assembly requested additional information be provided; included in your packet are the minutes from the December 8th Planning Commission meeting, Title 49 conditional use procedures, and maps of waterfront industrial areas.

        I recommend that this ordinance be adopted.

        Public Hearing

        Assembly Action

         

      5. Resolution No. 1973

A Resolution Authorizing the Manager to Donate Lot 42 in the S’it’tuwan Subdivision to Habitat for Humanity, Inc. for the Construction of Affordable Housing, and Establishing the Conditions of the Donation. Presented by the Manager.

This resolution authorizes the donation of Lot 42, in the S’it’Tuwan Subdivision, to Habitat for Humanity Greater Juneau Area for the continuation of their self-help affordable housing program. A lot within this subdivision was previously donated to Habitat for Humanity by the CBJ to assist in establishing this valuable affordable housing program. The program has had significant success and recognition both internationally as well as nationally. The local program is about to complete their first project and are looking for a site for a second project. Both the Housing and Lands Committee have reviewed and recommend approval of the donation.

I recommend an amendment to the resolution to provide that CBJ maintains a $45,000 2nd position mortgage on the property, to be paid to the city, plus 3% interest, upon sale or transfer of ownership from the initial owner (other than Habitat for Humanity) to another.

I recommend that this resolution be adopted.

4. Transfer No. T-656: Transfers $6,638 from School-Art in Public Places (CIP F431) and $84,596 from School Health Safety and Structure (CIP F422) for a total transfer of $91, to School Facilities Planning/Dimond Park and Downtown Complex (CIP S454-66)

This transfer request moves $6,638 of 1981 General Obligation School Bonds from the School – Art in Public Places project and $84,596 of 1985 General Obligation School Bonds from the School Health, Safety and Structure project to the School Facilities Planning/Dimond Park and Downtown Complex project.

The two old school projects have been completed; the remaining bond funds in those two projects are now available to use to fund any school related capital project.

The additional funding in the School Facilities Planning/Dimond Park and Downtown Complex project will be used to develop a new ballot measure for a new high school for voter consideration at a special election in May, 1999, or in the regular October, 1999 election as outlined in the attached memorandum from the City Architect.

After the transfer is approved, the fund available balances, budgets, and status for the projects will be as follows:

Transfer Status/
Project Number/
Project Name
Unobligated
Funds Available
Prior to Transfer
Unobligated
Funds Available
After Transfer
Total
Budget
After Transfer
Project
Status
Transferred from:
F431/School – Art in Public Places
$6,638 $ -0- $320,241 closing
F442/ School Health, Safety and Structure $84,596 $ -0- $707,704 closing
Transferred to
S454-66/ School Facilities Planning/Dimond Park & Downtown Complex
$15,588 $106,822 $234,234 on-going

The transfer title has been amended, at the Assembly’s request, to reflect reference to the downtown planning efforts; the backup included in your packet is the same information originally presented on January 4th.

The Public Works & Facilities Committee reviewed this transfer at its January 6th meeting; they recommended that this be presented to the Committee of the Whole on January 13th.

I recommend that this transfer be approved.

      1. Last Chance Co-op, Multiple Charities Association Co-op and Alaska Native Brotherhood Camp 2, Inc.’s Motion for Waiver of Jurisdiction.

The Assembly has directed that this appeal be referred to a hearing officer, but before an appointment could be made, counsel for Multiple Charities has filed a Motion for Waiver of Jurisdiction, in effect a request that the Assembly agree to forward this case directly to Superior Court without a hearing before the Assembly. The Sales Tax Administrator opposes the motion.

When this case was first presented to the Assembly, Mr. MacKinnon prefaced his motion to refer it to a hearing officer with a remark that it was well suited to such referral because of the technical nature of tax issues. The body appeared to be in agreement.

The pending motion is not a tax issue and would, if granted, moot the referral to a hearing officer. Moreover, it is a dispositive motion and must ultimately be decided by the Assembly in any event. Accordingly, the Attorney concluded that immediate consideration by the Assembly would serve the interests of judicial economy.

The Assembly could grant the motion and certify the matter to Superior Court, deny the motion and direct that the matter proceed to a hearing before a hearing officer as previously ordered, or withhold judgment pending appointment of a hearing officer and consideration of the motion by that hearing officer. Any of these decisions should be in the form of a written order.

  1. NEW BUSINESS

X. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report – Action Items:
      1. Centennial Hall Use Policy – Inaugural Ball

At it’s January 4th meeting, during discussion regarding waiving fees at Centennial Hall for the January 23rd Inaugural Ball, the Assembly requested a copy of the use policy and the balance remaining in the account. A copy of the non-profit agency application and criteria for consideration is included in your packet. Also included is a letter from the Alaska Children’s Trust, requesting the donation of the facility for the event.

The current remaining balance in the account is $5,500. Centennial Hall expects at least half of that amount will be used for upcoming annual events, such as the Alaska Folk Festival and the Alaska Health Fair.

The estimated cost for the inaugural ball for 1999 (based on expenses associated with the first inaugural ball in 1995) is approximately $2,000. The room rental is $1,320; equipment costs $450; labor, cleanup and dumpster charges would be approximately $275.

The request for the waiver of fees is from the Friends of the Alaska Children’s Trust; with the approval of Governor Knowles and Lieutenant Governor Ulmer, the Trust is sponsoring this year’s event. The request for relief is not consistent with the current applicable policy. The Trust is not registered as tax exempt with the CBJ sales tax office; the event will serve alcohol; and there will be a $55.00 admission charge. All proceeds go to the Children’s Trust at the State of Alaska Division of Treasury. Funds are disbursed to address child abuse statewide.

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

    1. Manager’s Report – Information Items:
    2. 1. Progress Report – Mendenhall Wastewater Treatment Plant

      Your report includes a memo from Public Works Director Ernie Mueller, and the December issue of the MVTTWP Newsletter. The next public meeting is scheduled for Wednesday, January 27, to review the findings of the odor study to date. The meeting will be held at the Floyd Dryden Middle School Library at 7:00pm.

    3. Attorney’s Report:
  1. MAYOR AND COMMITTEE REPORTS ON NON-AGENDA ITEMS
    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    4. Committee Reports:
    1. Standing Committees:
      1. Committee of the Whole
      2. Finance Committee
      3. Human Resources Committee

d) Lands and Resources Committee

e) Public Works and Facilities Committee

2. 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, e-mail is Marian_Miller@mail.ci.juneau.ak.us.