AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, March 1, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-07

Submitted by: _____________________________

David R. Palmer

City & Borough Manger


  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
  4.  SPECIAL ORDER OF BUSINESS

    1. Status Report: Mayor’s Y2K Task Force

    Charlie Northrip, Chair of the Mayor’s Y2K Task Force, will be present at tonight’s meeting to present the first subcommittee reports. Your packet includes a list of the subcommittees by sector.

  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.

 Ordinances:

1. Ordinance No. 99-04

An Ordinance Repealing the For-Hire Vehicle Code, Enacting the Commercial Passenger Vehicle Code, and Establishing Penalties for Violations. Presented by the Manager.

The proposed commercial passenger vehicle (CPV) system consists of an ordinance and implementing regulations. The ordinance (to be provided as a red folder item at Monday’s meeting) is before the Assembly for introduction. The regulations have been separately distributed to assembly members and the general public as part of the regulatory review process required by CBJ 01.60. After public comment has been received, staff will undertake internal review, amend the regulations as necessary, and include them as an information item on the Assembly's agenda at a meeting in April.

Although the regulations contain many of the details of the CPV system, the essential policies (and the criminal sanctions) must be established by the ordinance. Thanks to the hard work of the CPV Task Force, we have a good indication of which policies seem to be the most important, and which regulations seem to be the most effective. At this point, it is important that the Assembly confirm the policies so that staff can finalize the regulations.

Basically, the system consists of three kinds of permits: chauffeur's licenses for drivers, vehicle safety approvals (VSA's) for vehicles, and certificates of public convenience and necessity for CPV businesses.

The city regulates five kinds of CPV services: taxis, shuttles, tour vehicles, limousines, and charter vehicles. The regulations are aimed primarily at driver competence, vehicle safety, defining certificate holder responsibility, and economic protection of the taxi industry.

The system will be administered and primarily enforced by the police department with an employee position known as the "CPV Administrator" funded by revenues from permit fees.

The system must charge substantial fees in order to be self-supporting. The administrative and enforcement efforts required by this system are substantial. The new system should provide much clearer and more enforceable standards for the industry, clarify distinctions among types of service, and provide for more effective enforcement through a combination of infractions and administrative penalties. The new system should provide significantly more protection for taxi operators from competing services than in the past.

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

2. Ordinance No. 99-05

An Ordinance Amending the Water Utility Code to Establish Standards and Procedures for Termination of Service. Presented by the Manager.

Current procedures for disconnecting water customers are inadequate under modern laws and standards. This ordinance brings our procedures up to date in the following ways:

1. It establishes a system for summary disconnection in cases of safety, health, or other emergencies.

2. It precludes use of water disconnection as an enforcement device in private disputes, such as those between landlords and tenants.

3. It improves the system for providing notice to customers prior to shutoff, including extra notice for the disabled, homebound and others with special needs. It also affords tenants an opportunity to take over the account of landlords who are delinquent in paying water bills.

4. It provides for recovery of CBJ property at the customer's location, reconnection of service, imposition of liens, and similar administrative details.

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

3. Ordinance No. 99-06

An Ordinance Authorizing the Director of Public Works to Adopt Regulations Governing Public Use of the Municipal Transit System. Presented by the Manager.

Capital Transit would like to improve its ability to deal with rude, erratic, and threatening behavior by passengers. Currently, bus drivers have few options other than calling the police and charging the passenger with a criminal violation. Sometimes this is necessary, but often the situation could be handled with a less severe sanction, such as withdrawing bus privileges. A "passenger code of conduct" adopted as regulations would be the best way to accomplish this. Capital Transit does not presently have the authority to adopt regulations: this ordinance would grant the authority.

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

 4. Ordinance No. 99-09

An Ordinance Amending the Purchasing Code to Authorize Participation in Federal and State Disadvantaged Business Enterprise Programs and to Repeal Local Administrative Procedures. Presented by the Manager.

For the past 20 years we have assumed that our disadvantaged business enterprise program has benefits that exceed its costs. There have been examples where the program has made a difference for a business victimized by discrimination.

Times have changed, and the program has worked. The courts are now more critical of both discrimination and reverse discrimination, regardless of who benefits. We can no longer rely on examples to justify the program.

Your packet includes a memorandum from the city attorney discussing the history of the DBE program and its relationship with federal law. In brief, the program began in 1980 as a goals-based program largely in response to U.S. Department of Transportation requirements; grew large enough in the mid-80's to require a dedicated staff position; was reduced in 1990 to a bonus-based program in response to federal judicial decisions, and now faces yet further judicial scrutiny.

Current federal law poses a very practical requirement: before CBJ can make race-based, gender-based or similar purchasing decisions, whether in the form of set-asides, bonuses, or otherwise it must establish by clear and convincing evidence that there is a need for the program. Anecdotal evidence is not enough: the city must establish a pervasive and harmful pattern of discrimination against the groups benefiting from the set-aside or bonus. We are not equipped to undertake the kind of statistical survey and analysis that would meet these legal requirements.

Over the years, the program has attracted criticism from the contractor community, most recently from Douglas Electric. It is possible that if we decide to maintain the program, that decision will be tested in court.

In addition to legal concerns, we are unable to prove to our own satisfaction that the program is providing benefits that exceed its cost to the taxpayer. For example, the recent police station DBE project costs are $50,000. The administrative overhead associated with DBE has varied over the years, but has always been significant.

The Public Works and Facilities Committee discussed these issues at its meeting of February 3rd and recommended that the DBE program be discontinued. If the Assembly agrees, we will cease to offer DBE incentive bonuses except as required by federal and state grants: in those cases we will use the federal DBE guidelines and procedures.

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

5. Ordinance No. 98-17 (AD)

An Ordinance Appropriating to the Manager the Sum of $1,001,217 For General Aviation and Air Cargo Area Improvements, Replacement of Snow Removal Equipment and a Wildlife Management Study at the Juneau International Airport. Such Funds, $968,920 Provided by the Federal Aviation Administration, and, $32,297, Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

This ordinance will appropriate $1,001,217 in grant funds for completion of a variety of airport projects. The funding sources for the project are the Federal Aviation Administration (FAA) Airport Improvement Program Entitlement ($968,920 or 93.75% of total project cost) and the Alaska Department of Transportation and Public Facilities (DOTPF) ($32,297 or 3.125% of total project cost). The City is required to provide local matching funds consisting of Passenger Facility Charge revenues ($32,298 or 3.125% of total project cost).

The projects include:

FAA: $584,545

DOTPF: 19,485

This project will provide paving for general aviation taxiways and commercial operator areas, reducing gravel and dust in aircraft operations areas and increasing parking area for large air carrier and cargo aircraft. This project also includes a water main for enhanced fire fighting capabilities and exterior area lighting for increased safety and security in aircraft parking areas.

FAA: $328,125

DOTPF: 10,938

One of the graders used for snow removal operations is 16 years old and in need of major repairs beyond the value of the grader. This grader is on the Airport CIP list for replacement.

The initial estimate for a replacement came in at $350,000; the lowest estimate received has been $250,000. The particular grader being quoted is a larger size than those used by street crews, has all-wheel drive, extended blades and wings, and aviation radios, all which result in a higher cost.

FAA: $56,250

DOTPF: 1,874

The most recent FAA Airport Certification Inspection identified the need for a Wildlife Management Study, IAW FAR Part 139, to identify potential hazards and possible corrective actions, and to aid in development of a Wildlife Management Plan. This will be done through a letter of agreement between the FAA and United States Department of Agriculture (USDA) for these studies at airports nation-wide.

The Airport Board approved this action at its regular board meeting of February 10, 1999. Copies of the minutes are enclosed in the packet.

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

6. Ordinance No. 98-17 (AE)

An Ordinance Appropriating to the Manager the Sum of $2,800,000 for Continuation of Phase II of Bartlett Regional Hospital’s Project 98. Such Funds Provided by Bartlett Regional Hospital Retained Earnings. Presented by the Manager.

This ordinance will appropriate $2,800,000 to Bartlett Regional Hospital’s (BRH) "Project 98" from the Hospital’s retained earnings.

Phase I is the construction of a new Administration Building. This phase of the project is nearing completion.

Phase II is the remodel of existing space in the Bartlett Hospital facility. The remodel will enlarge and upgrade the short stay (outpatient) surgery department 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 cardio-pulmonary rehabilitation and EEG sleep analysis/laboratory.

$2,800,000 is being added to the previous appropriation of $5,035,050. It is estimated that this appropriation will fully fund completion of "Project 98". This appropriation will bring the total of funds in "Project 98" budget to $7,835,050.

The Hospital Board approved a transfer of $2.8 million from the hospital enhancement restricted funds to the "Project 98" capital budget at their regular board meeting of February 23, 1999.

A copy of the BRH Board of Directors meeting minutes from February 23, 1999 is enclosed in the packet.

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

  1. Resolutions:
    1. 1. Resolution No. 1980

      A Resolution Authorizing the Manager to Lease 2.52 Acres of Property Adjacent to Bartlett Memorial Hospital for the Purpose of Operating a Nursing Care Facility. Presented by the Manager.

      This resolution authorizes the manager to lease a 2.52-acre parcel of land located adjacent to Bartlett Regional Hospital to St. Ann’s Care Center, Inc. for construction of a new nursing home. The site consists of 1.88 acres owned by the City and Borough of Juneau, .44 acres owned by Alaska Electric Light and Power Company, and .2 acres owned by the State of Alaska.

      St. Ann’s Care Center is presently located in the original Juneau Hospital at 415 6th Street in downtown Juneau. The building was constructed in 1912. The hospital operations closed in 1972 when Bartlett Hospital was opened. St. Ann’s Care Center, Inc. is a nonprofit corporation, which is licensed to provide long term nursing care services. They have operated in their 6th Street location since 1976. However, the age and poor design of the facility does not lend itself to extensive renovation.

      The land owned by Alaska Electric Light and Power Company will be donated to the CBJ and subsequently leased to St. Ann's. The land owned by the State of Alaska is eligible for selection by the CBJ as part of our municipal land entitlement. The intention is to select the .2 acres of land needed for St. Ann’s as well as other land along the Salmon Creek Reservoir service road and the CBJ water reservoir tank. The total land selection would consist of approximately 12 acres.

      CBJ Code 53.09.610 provides for the lease of land at no cost to private nonprofit corporations for public or charitable purposes. The Hospital Board has made a recommendation to lease the land at no cost. The use of the property for a long term nursing facility is consistent with the Hospital Master Plan.

      The Lands Committee and the Planning Commission have recommended approval of the lease with the conditions noted in the resolution.

      I recommend that this resolution be adopted.

  2. Bid Awards:
    1. 1. Bid Award No. E99-221: Augustus Brown Swimming Pool Exterior Renovation

      Bids were opened on the subject project on February 19, 1999. The bid protest period expired at 4:30pm on February 22, 1999. Results of the bid opening are as follows:

      Responsive Total Bid
      North Pacific Steel Erectors, Inc. $129,261.60
      Duran Construction Company $145,633.75
      Architect’s Estimate $110,000.00

       

      This project consists of demolition and disposal of existing gutters, gutter drains, water-damaged wood soffit and fascia, installation of new 22-gauge Kynar finished gutters and flashings, gutter drains and connections, painting exterior of building and miscellaneous related work.

      Funding source is the Essential Building Repairs CIP and General Sales Tax; total project funds estimated at $162,000.

      I recommend award of this project to North Pacific Steel Erectors, Inc. in the amount bid for a total award of $129,261.60.

      2. Bid Award No. E99-226: Ferry Dock Mooring Dolphin

      Bids were opened on the subject project on February 23, 1999. The bid protest period expired at 4:30pm on February 24, 1999. Results of the bid opening are as follows:

      Responsive Base Bid Additive Alternate Total Bid
      Western Marine Construction, Inc. $149,500 $22,000 $171,500
      Trucano Construction Company $156,655 $23,400 $180,055
      No. Pacific Steel Erectors, Inc. $220,529 $35,194 $255,723.99
      Engineer’s Estimate $175,000 $40,000 $215,000

       

      This project consists of a Base Bid and one Additive Alternate. The Base Bid provides for installation of three 20-inch steel pile mooring dolphins, with bollard cap; and installation of a catwalk. The Additive Alternate provides for installation of a second catwalk extending from the southernmost existing mooring dolphin to shore at the old ferry terminal dock.

      Funding Source: Port Dues

      Total Project Funds: $276,000

      I recommend award of this project to Western Marine Construction, Inc. in the amount bid, for the base bid and additive alternate, for a total award of $171,500.00, contingent upon adoption of Ordinance No. 98-17 (AB) scheduled for public hearing on tonight’s agenda.

      3. Bid Award No. E99-234: Health & Social Services Building Ventilation System/Minor Remodel

      Bids were opened on the subject project on February 19, 1999. The bid protest period expired at 4:30pm, February 23, 1999. Results of the bid opening are as follows:

      Responsive

      Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 Total

      Jack’s Plumbing
      & Heating, Inc.

      $361,000 $18,000 $3,000 $5,000 $3,000 $390,000

      The Perfect Fit

      $416,500 $27,000 $3,000 $10,000 $3,550 $460,050

      Architect’s Estimate

      $325,400 $19,000 $8,900 $12,400 $6,200 $371,900

      Non-Responsive: Superior Builders, Inc. Reason: failed to acknowledge receiving Addendum No. 2.

      The project consists of installation of a forced air system; replacement of the existing sewage lift station and pump house; minor remodeling, including replacement of toilet room fixtures and finishes in the H&SS Building at Salmon Creek. Completion time for this project is 150 calendar days.

      The four additive alternates consist of 1) provide and install new carpet and rubber base; 2) provide and install new acoustical ceiling panels; 3) paint interior and some exterior walls; and, 4) remove existing rubber treads and risers, and provide and install new rubber stair tread.

      Funding Source: State Grants; General Sales Tax

      Total Project Funds: $394,400

      I recommend award of this project to Jack’s Plumbing & Heating, Inc. in the amount bid for the base bid for a total award of $361,000.00. 

  3. Transfer Request:

1. Transfer Request No. T-658: Transfers $132,784 from Linellen Heights St. Reconstruction LID (CIP R412-58) and $400,000 from Simpson and David Streets Reconstruction LID (CIP R412-63) for a total transfer of $532,784 to St. Ann’s Avenue Reconstruction (CIP R412-61)

This transfer request moves $132,784 of FY98 Areawide 1% CIP Sales Tax from the Linellen Heights Street Reconstruction LID project and $400,000 of FY99 Areawide 1% CIP Sales Tax from the Simpson and David Streets Reconstruction LID project to the St. Ann’s Avenue Reconstruction project.

The Linellen Heights Street project is complete and the remaining funds are available for other capital projects. The Simpson and David Streets reconstruction project is now under design. The funds appropriated for David Street construction will not be needed this year. Those funds can be transferred to St. Ann’s Avenue reconstruction project to get that project underway. The replacement of funds for construction of the Simpson/David Streets project will be provided from the FY00 Capital Budget. Your packet includes a memo from Public Works Director Ernie Mueller, explaining the need for the transfer.

The Public Works and Facilities approved the transfer of funds from the Simpson and David Streets project to St. Ann’s Street project at its February 3rd meeting. A copy of the minutes can be found in your packet.

After the transfers are 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:
R412-58/
Linellen Heights
Reconstruction LID
$132,784 $ -0- $ 867,882 closing
R412-63/
Simpson/David Streets
Reconstruction LID
$524,421 $127,421 $200,000 on-going
Transferred to:
R412-61/
St. Ann’s Avenue
Reconstruction
$1,349,409 $1,882,193 $2,032,784 on-going

I recommend that this transfer be approved.

  1. ORDINANCES FOR PUBLIC HEARING
    1. Ordinance No. 99-03

An Ordinance Amending the Purchasing Code to Redefine the Term "Party" to Repeal the Requirements That One Member of the Bidding Review Board be a Lawyer, and to Provide for Recommendations by the Bidding Review Board. Presented by the Manager.

Administrative or Staff Report

This ordinance includes a variety of amendments to address procedural problems highlighted by the police station protest. These problems include some confusion about whether Bidding Review Board action is appealable to the Assembly, and how to accommodate multiple protests of the same award. The amendments include:

This ordinance includes a variety of amendments designed to simplify the bid protest procedure. The police station protest revealed several weaknesses in the current system, most notably confusion about whether Bidding Review Board action is appealable to the Assembly, and how to accommodate multiple protests of the same award.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

2. Ordinance No. 99-07

An Ordinance Authorizing the Manager to Dispose of Lot 2, Block C, Hurlock Subdivision. Presented by the Manager.

Administrative or Staff Report

Ordinance No. 99-07 authorizes the Manager to sell the recently constructed JDHS student-built house, located on Lot 2, Block C, Hurlock Subdivision, at not less than market value. The ordinance is similar to previously adopted ordinances enabling the sale of student-built houses. However, this ordinance authorizes payment of a 3% commission to the realtor who sells the house.

In recent years, Powell Realty, through pro bono services, assisted the CBJ in selling the student-built houses. While Powell Realty is again willing to help the CBJ sell the newly built house, it has asked the CBJ to offer a 3% realtor’s commission. This will enable the house to be more readily marketed through the Multiple Listing Service, and might attract more potential buyers and a higher selling price.

Proceeds from the sale of the student-built house will be returned to the JDHS home building program to fund future student projects. The 3% realtor’s commission will be deducted from the sale price of the house. The school district supports the concept of paying a 3% realtor’s commission. The Assembly Lands Committee recommended approval of the ordinance at its February 10, 1999 meeting, and requested Janie Bee Powell be thanked for her generous donation of services.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

3. Ordinance No. 98-17 (AA)

An Ordinance Appropriating to the Manager the Sum of $75,000 to Purchase a New Health and Social Services Management Information and Billing System. Such Funds Provided by Lease Proceeds. Presented by the Manager.

Administrative or Staff Report

This ordinance will authorize and appropriate $75,000.00 in tax exempt lease financing from Key Bank, to partially fund Health & Social Services data system replacement and upgrades. The lease will fund 42% of the $178,300 in estimated system development costs. Initially it was anticipated that the State would provide funding for this expenditure. In late July, 1998 H&SS was informed that these funds would not be made available. The balance of project funding is already budgeted in the H&SS FY99 and FY00 budgets.

The developer no longer supports the current billing software, nor is it Y2K compliant. The new system was identified as an essential element in the Health and Social Services’ Business (recovery) Plan FY99-FY00. The 4-year business plan is currently on track.

The $75,000 in tax exempt lease financing will be under the provisions of our existing master lease arrangements with Key Bank. Interest rates are currently very favorable, lower than the rate the CBJ is earning on our investments. The lease will be for a period of three years at a rate equivalent to 80% of the interest earnings on the 3-year Treasury Bond with payments being made quarterly. The lease will qualify under the IRS provisions for tax exempt lease financing.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

4. Ordinance No. 98-17 (AB)

An Ordinance Appropriating to the Manager the Sum of $75,000 to Construct a Second Catwalk Within the Mooring Dolphin at the Ferry Dock Wharf. Such Funds Provided by Port Fund Unreserved Fund Balance. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $75,000 from the Port Fund Unreserved Fund Balance to the Ferry Dock Mooring Dolphin Project. The scope of the project was changed to comply with the cruise industry request that a second catwalk be installed within the project to assure safe and expeditious access to the new mooring dolphin by stevedoring personnel as well as performing related slope repairs.

This current appropriation request is in addition to the original project amount of $140,000 and a prior appropriation of $60,000 (Ordinance 98-17(W), which also appropriated Port Fund Unreserved Fund Balance) for a total project cost of $275,000.

At their regular meeting of January 28, 1999, the Docks and Harbors Board requested appropriation of the funds for the second catwalk. A copy of the minutes from the Board meeting can be found in your packet.

Once this ordinance is adopted, the Port Fund Unreserved Fund Balance will be $660,464.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

5. Ordinance No. 98-17 (AC)

An Ordinance Appropriating to the Manager the Sum of $114,000 to Purchase Lots 14, 15 and 16, Block D, Greenwood Subdivision for Off-Street Parking and Public Access to the Blackerby Ridge Trail. Such Funds Provided by Land Fund Unreserved Fund Balance. Presented by the Manager.

  Administrative or Staff Report

This ordinance appropriates $114,000 of the Land Fund Unreserved Fund Balance for the purchase of three lots along Greenwood Avenue to be used for relocating the Blackerby Ridge Trail, constructing off-street parking for trail users, and providing critical access to a ten-acre landlocked parcel of CBJ land. It will also enable the CBJ to make much-needed improvements to local drainage, including Wire Street.

This acquisition will provide for the construction of a trailhead parking lot similar to the Dan Moller Trailhead parking lot in West Juneau. Presently, there is no public access to the Blackerby Trail or the adjacent CBJ parcel. A land purchase for Blackerby Trail access was part of the adopted Parks & Recreation Comprehensive Plan. The Lands Committee recommended approval of this purchase at its meeting of January 27, 1999. The minutes are in your packet.

The landowner, William (Shorty) Tonsgard, initially indicated he was willing to sell three lots (totaling approximately one half acre) to the City for $38,000 each; this would result in a total purchase price of $114,000. The City Assessor examined the site and determined the purchase price to be reasonable.

Subsequent to the introduction of this ordinance, the CBJ received a letter from Mr. Tonsgard in which he indicated reluctance to proceed with the sale due to his frustration with the CBJ about an unrelated matter. Staff has not yet been able to reach Mr. Tonsgard to see if he is still willing to sell his land.

I recommend amending the ordinance to give staff the authority to buy Mr. Tonsgard’s property or some other, similarly situated property that would allow the CBJ to accomplish its goals: access to the ten-acre landlocked CBJ parcel; access to the Blackerby Trail; and construction of a parking lot for trail users. To accomplish this, I recommend amending the title and Section 2 of the ordinance as follows: after the word "Subdivision", add "or other property suitable…"

Once this ordinance is adopted, the Land Fund Unreserved Fund Balance will be $727,000 which includes $699,756 equity in the AJT Joint Venture.

I recommend that this ordinance be amended and adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
  2. 1. Multiple Charities Association Co-op, et al. v. CBJ Sales Tax Office: Proposed Decision on Motion for Waiver of Jurisdiction

    At its January 11, 1999 meeting, the Assembly authorized appointment of a hearing officer to conduct proceedings in this appeal. On January 25th at the direction of Mayor Egan, the City Attorney appointed Mr. Jon Tillinghast. Mr. Tillinghast conducted a prehearing conference on February 12th at which both parties stipulated that any further proceedings on the merits of the appeal should be stayed pending final Assembly action on Appellants’ motion that the Assembly waive its jurisdiction and send the matter directly to superior court. On February 17th, Mr. Tillinghast provided the parties with a draft decision denying the Appellants’ motion. The proposed decision, together with any comments received to date, is now before the body for action. The Assembly may adopt, amend, or reject the proposed decision.

    As this is an adjudicatory matter, I have no recommendation.

  3. NEW BUSINESS
  4. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS
  1.      Manager’s Report – Action Items:

B. Manager’s Report – Information Items:

1. City Manager’s 2nd Quarter Report to the Assembly: October - December, 1998

C. Attorney’s Report:

  1. Law Department 2nd Quarter Report to the Assembly: October – December, 1998

 

I. MAYOR’S REPORT ON NON-AGENDA ITEMS

    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance

II. COMMITTEE REPORTS ON NON-AGENDA ITEMS

A. Committee Reports:

1. Standing Committees:

      1. Committee of the Whole
      2. Finance Committee
      3. Human Resources Committee

2.  Energy Advisory Committee

3.  Fisheries Development Committee

4.  Juneau Human Rights Commission

5.  Juneau Women’s Council

6.  Juneau Youth Commission

7.  Parks & Recreation Advisory Committee

8.  Social Services Advisory Board

d) Lands and Resources Committee

e) Public Works and Facilities Committee

2. Board Liaison Reports

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.