AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, April 5, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-12

Submitted by: _____________________________

David R. Palmer

City & Borough Manger

  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
    1. 2/08/99 - Regular Meeting No. 99-05
    2. 2/22/99 - Special Meeting No. 99-06
    3. 3/01/99 - Regular Meeting No. 99-07

SPECIAL ORDERS OF BUSINESS

1. Child Abuse Awareness and Protection Month – Proclamation

2. Alcohol Awareness Month – Proclamation

3. Juneau Economic Development Council Report "Capital Profile"

  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:
    2. 1. Ordinance No. 98-17 (AJ)

      An Ordinance Appropriating to the Manager the Sum of $100,000 as Partial funding for the Juneau Areawide Transportation Plan. Such funds Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

      The ordinance appropriates a $100,000 grant from the Alaska Department of Transportation and Public Facilities as partial funding for the Juneau Areawide Transportation Plan. The Juneau Transportation Assessment Report was issued as the first phase of this cooperative CBJ/DOTPF areawide transportation study. Funds from this grant along with CBJ CIP sales tax funds and another DOTPF grant previously appropriated will fully fund the study. With the addition of proceeds from this grant, the total project cost for the Assessment Report and Transportation Plan will be $457,318.

      A scope of Services and Work Plan as proposed by the consultants is included in your packet.

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

    3. Resolutions:
    1. Resolution No. 1984

A Resolution Electing to Participate in the Retirement Incentive Program Established by Chapter 4, of the Session Laws of Alaska, 1996, First Special Session of the Nineteenth Legislature, and as Amended by Chapter 92, of the Session Laws of Alaska, 1997, and Authorizing the Manager to Enter Into an Agreement With the Administrator of the Public Employees Retirement System to Fund the Cost of Participation in the Program. Presented by the Manager.

This resolution will authorize the Manager to enter into an agreement with the State's Public Employee Retirement System to opt into the PERS' retirement incentive program (RIP). Participation by the CBJ in the RIP is optional. As in the past, the RIP has been put in place solely as a tool to help employers reduce personal service costs. The CBJ received the preliminary list of employees provided by PERS to determine which positions would actually show a net savings, as required by Statute.

Fifty employees will qualify for retirement under the program. If all of these employees opted to retire, as of January 1, 2000, the CBJ would save approximately $138,000 per year; however, our past experience is that many employees will not accept the option.

We are proposing the following sequence for this last retirement application window:

the 30 day period

This is the final opportunity being offered under this program.

I recommend that this resolution be adopted.

    1. Resolution No. 1985

A Resolution Establishing the 1999-2001 Port Dues for the City and Borough of Juneau Port Facilities. Presented by the Docks and Harbors Board.

At their regular meeting of February 25, 1999, the Docks and Harbors Board of Directors unanimously moved to maintain the Port Dues rate at the current .21 cents per Net Registered Ton for the remaining term of the Port Dues Ordinance (through December 31, 2001). Based upon projected 1999 cruise season tonnage, this Port Dues rate will generate approximately $1,517,000 in annual revenues. The Port Bond debt service for 1999 is approximately $970,000. Revenues in excess of debt service will be used for other port projects, such as the Steamship Wharf/Marine Park Improvements, which will consume the additional revenue until the ordinance sunset date.

It should be noted that the Docks and Harbors Board Port Advisory Committee recommended that the Docks and Harbors Board set the Port Dues rate for 1999 at 13.5 cents, which would be sufficient for Port Bond debt service only.

The Docks and Harbors Board of Directors also recommended, at their February 25, 1999 regular meeting, that the Assembly develop a new Port Dues Ordinance effective January 1, 2002, to continue funding source after the sunset of the current Port Dues ordinance.

I recommend that this resolution be adopted.

    1. Bid Awards:

1. Bid Award No. E99-246: Juneau Fire Station Exterior Repairs

Bids were opened on the subject project on March 26, 1999. The bid protest period expired at 4:30pm on March 30, 1999. Results of the bid opening are as follows:

Responsive Total Bid

Industrial Roofing $151,936

Coogan Construction Co. 171,600

Silver Bow Construction 176,618

Architect’s Estimate $165,000

The project consists of re-roofing the first and second stories, not including the hose tower roof or the apparatus bay roof, painting masonry surfaces, demolition of concrete block, and installation of new metal handrails at the Juneau Fire Station. Completion time: 90 calendar days.

Funding Source: General Sales Tax

Total Project Funds: $200,000

I recommend award of this project to Industrial Roofing in the amount bid for a total award of $151,936.00.

2. Bid Award No. E99-272: Three 15 Passenger Window Vans with Wheelchair Lift

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

Responsive Total Bid

Emmett Koelsch Coaches $119,412

Western Bus Sales 121,146

Schetky Northwest Sales, Inc. 121,173

Western Bus Sales 123,822

Big Foot Auto No Bid

A-Z Bus Sales, Inc. No Bid

Encumbered $144,000

Funding Source: One –third General Fund and Two-thirds Federal

I recommend award of this project to Emmett Koelsch Coaches in the amount bid for a total award of $119,412.00.

  1. ORDINANCES FOR PUBLIC HEARING

1. Ordinance No. 99-11

An Ordinance Repealing and Readopting the City and Borough of Juneau Land Management Plan, Authorizing the Sale of Certain City and Borough Land in Accordance with the Plan and Setting Forth the Terms and Conditions Related to the Sale. Presented by the Manager.

Administrative or Staff Report

This ordinance will adopt the Land Management Plan-1999 Update and authorize the sale of various City and Borough properties. This plan is a revision of the Land Management Plan adopted in 1995.

A key feature of the Plan is a systematic program for the disposal of land. Nineteen parcels are listed for immediate disposal and would be sold upon adoption of this ordinance. Approximately 4,400 acres of other lands consisting of ten large tracts are listed for long term disposal. These parcels are generally lacking one or more public services and will be sold in a sequential basis when full utilities are available. While the extension of municipal services will take place over a period of time, there is a benefit to keeping the public informed of which properties will be developed in the future. Additionally the allocation of public dollars for utility extension can occur in a manner, which supports the land disposal program and implements the Comprehensive Plan.

Over 150 copies of the Land Management Plan have been distributed for public comment.

An errata sheet is included in your packet, which makes several changes to the plan regarding transportation improvements to Egan Drive and North Douglas as well as some clarifying language.

The Planning Commission held a public hearing on the Land Management Plan on March 9, 1999 and recommended adoption of the Plan with no changes.

I recommend this ordinance be adopted.

Public Hearing

Assembly Action

2. Ordinance No. 98-17 (AF)

An Ordinance Appropriating to the Manager the Sum of $4,000 for Purchase of a Painting for the City Museum’s Permanent Collection. Such Funds Provided by the Museum Acquisition Fund. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $4,000 from the Museum Acquisition Fund for purchase of a four part contemporary painting by Jakki Kouffman entitled, "Out the Road Panorama," which depicts a sunrise over Tee Harbor. The artist is willing to sell the painting to the City Museum at a price below market value. The painting fits into the museum plan for acquisitions for the permanent collection.

After this ordinance is adopted, the balance in the Museum Acquisition Fund will be $17,200.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

3. Ordinance No. 98-17 (AG)

An Ordinance Appropriating to the Manager the Sum of $139,839 for the Following Airport Capital Projects: Guidance Signs/Layout Plan, Juneau Airport Runway Lights, and Acquisition of a Replacement Urea Truck. Such Funds, $135,376 Provided by the Federal Aviation Administration and $4,464 Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $139,376 in Federal Aviation (FAA) Grant funds and $4,463 in Alaska Department of Transportation Grant funds to close out three Airport capital improvement projects. The projects have been completed for some time, and the City was waiting for the grant amendments so that the project could be financially closed. Pending receipt of the additional grant funds, expenditures for these projects were recorded in the Airport Project Design account. The expenditures will be moved into their respective projects once this appropriating ordinance is adopted.

Copies of the FAA grant amendments are included in the packet for your reference.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

4. Ordinance No. 98-17 (AH)

An Ordinance Authorizing the Manager to Transfer the Sum of $72,682. Presented by the Manager.

Administrative or Staff Report

This ordinance transfers $72,682 from two completed capital improvement projects to the General Fund and the Land Fund as follows:

    1. The White Subdivision Reconstruction project is substantially complete and has excess funds. $60,000 will be used to support CIP and federal lobbying efforts. These funds are provided by the FY97 Areawide 1% CIP Sales Tax.
    2. The Threadneedle Sidewalk Construction project is complete. Funding for this project was provided from the Land Fund Unreserved Fund Balance, so the funds remaining in the project ($12,682) will be returned to the Land Fund.

The transfer was submitted to the Public Works and Facilities Committee on March 3, 1999 for their review. The Committee recommended that this transfer ordinance be forwarded to the Assembly for approval.

I recommend that this ordinance adopted.

Public Hearing

Assembly Action

5. Ordinance 98-17(AI)

An Ordinance Appropriating to the Manager the Sum of $1,000,000 for Mendenhall Treatment Plant Improvements. Such Funds Provided by a Loan from the Alaska Department of Environmental Conservation. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates a $1,000,000 loan from the Alaska Department of Conservation, Alaska Clean Water Fund for improvements to the Mendenhall Treatment Plant. These improvements are as follows:

    1. Replace the original custom-built treated waste decanter with new off-the-shelf equipment;
    2. Replace the existing superview control and data acquisition system with new PC and PLC based off-the-shelf software and hardware;
    3. Evaluate and reconfigure the Mendenhall Plant solids handling process to make it more efficient and reduce odors from the source, and;
    4. Make major repairs to the old metal plant building, which has deteriorated due to corrosion.

Contract interest rate on the loan will be 3.46% to be paid back over a period of twenty years beginning one year after completion of this project.

A copy of Resolution No. 1962 authorizing application for the loan and a letter from DEC making the loan offer can be found in your packet.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

  1. UNFINISHED BUSINESS
  2. NEW BUSINESS

1. Hayes v. Planning Commission: Appeal of Preliminary Plat Approval for the Alaska Juneau Subdivision IV-II (SUB 98-00056).

At its regular meeting on February 9, 1999, the Planning Commission granted approval of a preliminary plat for a subdivision of Lots 3A-1A and 3B-1B, Alaska Juneau Subdivision IV-II. On March 17, 1999, Howard Hayes appealed the Commission’s decision to the Assembly.

The Notice of Appeal and the Notice of Decision on SUB 98-00056 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.

Howard Hayes, Reed Stoops, Mark Johnson, and the Community Development Department have been advised that this matter is before the Assembly.

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
    4. 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.

      2. Pusich v. Planning Commission: Appeal of Approval of Partial Street Vacation of D Street Between First and Second Street in Douglas (SUB 98-00058).

      At its regular meeting on February 23, 1999, the Planning Commission granted approval of a partial street vacation of D Street between First and Second Street in Douglas. On March 17, 1999, Larry Pusich appealed the Commission’s decision to the Assembly.

      The Notice of Appeal and the Notice of Decision on SUB 98-00058 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.

      Larry Pusich, Stephan Lee, and the Community Development Department have been advised that this matter is before the Assembly.

      The following procedural issues should be decided:

    5. Will the Assembly accept the appeal?
    6. Will the Assembly hear the appeal itself or assign to a hearing officer?
    7. 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.

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

B. Manager’s Report – Information Items:

1. North Douglas Community Garden

The Juneau Community Garden Association has requested use of Park Property on North Douglas to create another community garden site. This is consistent with the Parks and Recreation Comprehensive Plan. The Assembly Lands Committee approved the North Douglas community garden site on March, 10, 1999.

2. Office Consolidation

Included in your packet is a memo describing a proposed office relocation for the Finance Department and the Law Department.

C. Attorney’s Report:

    1. Last Chance Coop et al. v. CBJ

Last Monday, a lawsuit was brought against CBJ by Last Chance Coop and other pull-tab merchants. These plantiffs sought an injunction to stop CBJ Sales Tax from publishing their business names in the Juneau Empire as deliniquent in remitting sales tax. CBJ prevailed, and the motion for an injunction was denied by the court (see attached); the publication appeared in the Empire. The publication included a note that these businesses are appealing their tax liability.

  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

A. Committee Reports:

    1. Standing Committees:
    1. Committee of the Whole
    2. Finance Committee
    3. Human Resources Committee
    4. Lands and Resources Committee
    5. 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.