AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, February 1, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-04

Submitted by: _____________________________

David R. Palmer

City & Borough Manger


  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
  4. 1. 12/07/98 - Regular Mtg. No. 98-37

    SPECIAL ORDER OF BUSINESS

    1. Mayor’s Y2K Task Force – Status Report

    Charles Northrip, Chair of the Mayor’s Y2K Task Force, will present a status report at tonight’s meeting.

  5. MANAGER’S REPORT FOR AGENDA CHANGES
  6. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).
  7. 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. Ordinance for Introduction:
    2. 1. Ordinance No. No. 98-17 (Z)

      An Ordinance Appropriating to the Manager the Sum of $6,422 to Continue Historic Preservation of the Jualpa Mine Camp Historic District Located in Last Chance Basin. Such Funds Provided by the Alaska Department of Natural Resources. Presented by the Manager.

      This ordinance appropriates a $6,422 grant from the Alaska Department of Natural Resources, Office of History and Archaeology, to continue stabilization work (Phase IV) on the historic buildings of the Alaska Juneau Gold Mining Company located in Last Chance Basin.

      The work on the Compressor Building and Transformer House will include restoration of existing windows and doors; removal and replacement of rotted wood studs and mud sill; and lateral bracing for the roof trusses on the Transformer House. The work will be performed by volunteers of the Gastineau Channel Historical Society.

      This project is consistent with the goals and policies of the Juneau Comprehensive Plan, the Last Chance Basin Land Management Plan, the Parks and Recreation Comprehensive Plan, and the draft Historic Preservation Plan. The Historic Resources Advisory Committee has identified this project as a priority for historic preservation. The Assembly adopted Resolution No. 1899 in October 1997, which authorized the Manager to apply for the grant.

      The project will begin in April 1999 and be completed no later than March 31, 2000.

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

    3. Resolution:
      1. Resolution No. 1970

A Resolution Repealing Resolution 1873 and Reestablishing the Shooting Range Advisory Committee. Presented by the Manager.

This resolution limits the responsibilities of the Shooting Range Advisory Committee to issues relating to the safety of the Hank Harmon Rifle Range. The Advisory Committee will be composed of six members from the Hank Harmon Rifle Range board, which is made up of members of the Territorial Sportsmen Inc., and the Juneau Rifle and Pistol Club. The range caretaker will be an ex officio member.

The prior resolution, No. 1873, tasked the Board with additional duties, including reviewing options for an indoor shooting range and recruiting a caretaker for the range. The Hank Harmon Board is now responsible for a contract with the caretaker; Fish and Game has received funding for an indoor shooting range and is working with a non-profit group that intends to manage the range.

I recommend that this resolution be adopted.

    1. Bid Award:

1. Contract No. SD99-032: Mendenhall River School Roof Replacement

Bids were opened on the subject project on January 19, 1999. The bid protest period ended at 4:30pm January 21, 1999. Results of the bid opening are as follows:

Responsive

Base Bid

Alt. 1

Alt. 2

Alt. 3

Total Bid

Anchorage Roofing & Contractors, Inc.

$663,860

$75,325

$47,639

$48,069

$834,693

Rain Proof Company, Inc.

$712,146

$92,513

$68,380

$68,380

$941,419

Industrial Roofing, Inc.

$777,500

$109,000

$57,500

$57,500

$1,001,500

Coogan Construction Co.

$886,200

$63,200

$42,400

$42,400

$1,034,200

A & A Roofing Co., Inc.

$833,725

$101,187

$71,040

$71,040

$1,076,992

Architect’s Estimate

$672,200

$97,900

$59,500

$59,500

$889,100

The Base Bid for this project consists of removal of existing metal roofing and fascia; repair and modification of portions of the wood-framed eaves, fascia and soffits; modification of exposed beam ends; installation of a new single-ply membrane roof covering an area of approximately 51,400 square feet; new metal fascia. There are three additive alternates, which include similar work covering approximately 15,600 square feet of roofing. Project time: substantial completion, August 16, 1999; final completion, September 15, 1999.

This project was originally estimated at $2.2 million, 30% of which is sales tax funded over two fiscal years, at $300,000 each year. The estimate was conservative due to anticipated rot in roof structural members.

The Engineering Department has done a project budget, determining a total project cost of $1,450,000 (architect’s estimate, project overhead, and a contingency for structural replacement by change order). The remaining appropriated balance of $750,000 consists of 30% sales tax money, or $225,000. The School District estimate was very conservative.

I recommend award of this project to Anchorage Roofing & Contractors, Inc. in the amount bid, for the base bid and additive alternates 1 through 3 for a total award of $834,693.00.

 

  1. Transfer Request:

1. Transfer No. T-657: Transfers $70,000 from the N. Behrends Ave/ Highlands Area Project (CIP R412-54) to the Fifth Street Juneau Reconstruction Project (CIP R412-59).

This transfer request moves $70,000 of FY98 Areawide 1% CIP Sales Tax from the Fifth Street Juneau Reconstruction project to the N. Behrends/Highlands Area project.

Both projects are essentially complete, however an additional $70,000 will be needed in the Fifth Street Juneau Reconstruction project for the final change order to pay for a number of unforeseen conditions which occurred during construction. The extra work resulted from the collapse of a retaining wall, changing a sidewalk to a stairway and additional retaining wall work at Fifth and Franklin Streets. After the final change order is processed, the project will be closed.

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 Project
Budget
After Transfer
Status
Transferred from:
R412-54/
N. Behrends/
Highlands Area
$137,651 $67,651 $1,087,292 closing
Transferred to:
R412-59/
Fifth Street Juneau
Reconstruction
$5,720 $75,720 $816,500 closing

I recommend that this transfer be approved.

  1. ORDINANCES FOR PUBLIC HEARING
  2. UNFINISHED BUSINESS
  3. 1. Ordinance No. 99-01am

    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.

    During the most recent update of the Comprehensive Plan, the land use designations for Lot 2, Channel View Subdivision was changed from a Resource Reserve-Transition to-Urban/Low Density Residential to General Commercial. Lot 2 is a 2.85 acre parcel directly adjacent to Lot 3, USS 3381 (Mike Hatch Jeep Sales). This change came about at the request of the property owners for the purpose of allowing expansion of an existing business, the automobile dealership located on the adjacent lot, Lot 3.

    The owners of Lot 2 Channel View Subdivision have now requested the zoning be changed for Lot 2 to GC, General Commercial.

    The Planning Commission heard this request at its regular public meeting on December 8, adopted the analysis and findings listed in the attached memorandum dated December 1, 1998, and unanimously recommended to the Assembly approval of the request to change the zoning of Lot 2, Channel View Subdivision; from RR(T)D3 ( Rural Reserve -Transition to- D-3 Residential) to GC ( General Commercial).

    The Planning Commission also recommended conditions be placed on the zone change request which restrict the use of the site and require improvements be made to the existing substandard access to North Douglas Highway. There are two sets of required access improvements, completion of either set will meet the condition of the zone change.

    I recommend that this ordinance be adopted.

    Administrative or Staff Report

    Public Hearing

    Assembly Action

  4. NEW BUSINESS
    1. Beadle v. Planning Commission: Appeal of Preliminary Plat Approval for a Subdivision Creating Eight Residential Lots in the Richland Manor Subdivision (SUB 98-00052).

At its regular meeting on December 8, 1998, the Planning Commission granted approval of a preliminary plat for a subdivision of Tract A and fraction of Tract B, Richland Manor Subdivision, to create 8 residential lots. On January 4, 1999, Stanley Beadle appealed the Commission’s decision to the Assembly.

The Notice of Appeal and the Notice of Decision on SUB 98-00052 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.

Stanley Beadle, Tom Kohan, the Community Development Department, and the Planning Commission have been advised that this matter is before the Assembly. The Department and the Commission have given notice that they will object to action on the appeal because the grounds stated by the appellant (various drainage issues) are scheduled for resolution prior to issuance of a final plat. This objection merits attention at a pre-hearing conference, but the Assembly must ask whether it constitutes a reason to reject the appeal.

The appellate code says that an appeal should be rejected only if it does not state grounds upon which any of the relief requested may be granted. Thus, when deciding whether to hear this appeal the Assembly should ask the following question: "Assuming, for the sake of argument, that the Appellant’s grounds for appeal are true: could we do as he asks?" If the answer to this question is "yes", the appeal should be accepted, and the claims should be heard. If the answer is "no", the appeal should be rejected.

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.

X. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report – Action Items:
      1. Washington, DC Lobbyist
    1. Manager’s Report – Information Items:
    2. Attorney’s Report:

1. Consent Decree: Geldhof v. CBJ

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

  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.