AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, April 19, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-13

Submitted by: _____________________________

David R. Palmer

City & Borough Manger

 

  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
  4. 1. 03/15/99 - Special Mtg. No. 99-08

    2. 03/15/99 - Regular Mtg. No. 99-09

    SPECIAL ORDER OF BUSINESS

  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. Ordinances:

1. Ordinance No. 99-13

An Ordinance of the City and Borough of Juneau, Alaska, Authorizing the Issuance of Revenue Bonds (St. Ann’s Care Center Project), of the City and Borough in an Aggregate Principal Amount Not to Exceed $18,000,000; Authorizing the Execution and Delivery of the Necessary Financing Documents in Connection Therewith; Authorizing the Proper Officials of the City and Borough to do All Things Necessary or Advisable to Consummate the Issuance, Sale and Delivery of Such Bonds; Prescribing the Form, Terms, Conditions, Contents, Denominations, Maturities, Manner of Execution, Covenants, Security, Options of Redemption; and Providing for a Negotiated Sale of Such Bonds to Seattle-Northwest Securities Corporation. Presented by the Manager.

This ordinance authorizes:

The Bond shall be a special, limited obligation of the CBJ, but does not and shall never constitute a debt or indebtedness or loan of credit of the CBJ.

The CBJ, under the terms of the loan agreement, agrees to lend the proceeds of the Bond to the SACC and to pay for the bond issuance costs. The SACC agrees to repay all the debt service associated with the Bond. The loan agreement between the CBJ and the SACC will be assigned by CBJ to SNWS as security for the Bond. SNWS will, in accordance with its financing commitments, provide a commercial loan document that will affix SACC as "Borrower", the CBJ as "Issuer" and the SNWS as "Lender".

It should be noted that the issuance of this bond does have the potential to impact the debt service on any other tax-exempt debt issued in this calendar year. When we issue less than $10 million in tax exempt financing in any one year, we meet the requirements of Bank Qualified Debt. Debt issued to financial institutions under this qualification typically results in interest rates .5% to 1% less than Non Bank Qualified. St. Ann’s Care Center has indicated they will agree to hold the CBJ harmless for all costs of issuance including possible costs associated with the loss of our Bank Qualification in calendar year 1999.

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

2. Ordinance No. 99-14

An Ordinance Exempting Development of Short Street From the Requirement for a Minimum of 30 Feet of Frontage on a Publicly Maintained Right-of-Way. Presented by the Manager.

This ordinance implements a recommendation from the Planning Commission that CBJ grant the request of developer Mike Erickson for an exemption from street construction standards applicable to the development of Short Street. The requested exemption – to establish a lot without 30 feet of frontage on a publicly-maintained right-of-way – is not available as a variance, and may be granted only by the Assembly as a noncode ordinance.

The attached memo from CDD explains the reasoning in favor of the exemption. Basically, the commission found that the developer’s request was reasonable given the small size and industrial setting of the development. Also, the developer will provide alternative methods of accomplishing the purpose of the road standard, which is primarily to provide access to emergency vehicles.

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

3. Ordinance No. 99-15

An Ordinance Amending the Land Use Code to Require Notice to Tenants as Part of the Process for Issuance of a Permit for a Change in Use of a Multifamily Residential Development. Presented by the Manager.

This ordinance helps address the concerns of residential tenants who are impacted when their landlord changes the use of their building. The ordinance requires the landlord to provide notice to the tenants, similar to the way Community Development provides notice to adjacent property owners.

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

4. Ordinance No. 99-16

An Ordinance Appropriating Money Out of the Treasury for FY00 School District Operations. Presented by the Manager.

This ordinance will appropriate the School District FY00 operating budget. The ordinance includes local funding support for education up to the maximum amount allowed under the DOE funding cap as amended by SB36. The Assembly is required, by State Statute, to indicate the minimum amount of funding to be made available for School District operational support no later than 30 days after receipt by the CBJ of the School District’s budget request, for this year no later than April 29, 1999. The Assembly must appropriate, by ordinance, the amount of local support for School District operations no later than May 31, 1999.

I recommend that this ordinance be introduced and set for a public hearing at a special meeting on April 28th and referred to the Assembly Finance Committee for review.

5. Ordinance No. 99-17

An Ordinance Appropriating Money Out of the Treasury for FY00 City and Borough Operations. Presented by the Manager.

This ordinance will appropriate the FY00 operating budget for the City and Borough of Juneau. The Charter requires the Assembly to appropriate the FY00 operating budget, by ordinance, no later than June 15, 1999. The Charter also requires at least one public hearing to be held on this ordinance during the month of April 1999.

I recommend that this ordinance be introduced and set for a public hearing at a special meeting April 28th and forwarded to the Assembly Finance Committee for review.

6. Ordinance No. 98-17 (AK)

An Ordinance Appropriating to the Manager the Sum of $1,680,000 For Improvements to the J-D Wastewater Treatment Plant. Such Funds Provided By a Loan From the Alaska Department of Environmental Conservation. Presented by the Manager.

This ordinance appropriates a $1,680,000 loan from the Alaska Department of Environmental Conservation, Alaska Clean Water Fund, for improvements to the Juneau Douglas Wastewater Treatment Plant. These improvements are as follows:

    1. Replacement of the chlorine gas disinfection system with an ultraviolet light disinfection process. Chlorine gas will no longer be used;
    2. Purchase of an emergency generator to power the system;
    3. Construction of a sludge storage area for periods when the incinerator is not operating; and
    4. Construction of a jet truck dumping site.

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 the project.

A copy of the loan agreement and Resolution No. 1958 authorizing application for the loan are included in your packet.

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

7. Ordinance No. 98-17 (AL)

An Ordinance Appropriating to the Manager the Sum of $27,595 As Partial Funding For Construction of Second-Level Access Loading Stairs at the Juneau International Airport. Such Funds Provided By the Federal Aviation Administration. Presented by the Manager.

This ordinance appropriates $27,595 in Federal Aviation Administration Grant funds to close out the Second Level Access Loading Stairs capital project. The project has been completed for some time, and the City was waiting for the grant amendment so that the project could be financially closed. Pending receipt of the additional grant funds, expenditures for this project were recorded in the Airport Project Design account. The expenditures will be moved into the access stairs project once this appropriating ordinance is adopted.

A copy of the FAA grant amendment is included in the packet for your reference.

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

  1. Resolution:
  2. 1. Resolution No. 1986

    A Resolution Repealing Resolution 1362 as Amended by Resolutions 1589 and 1629, and Reestablishing the International Relations Advisory Committee of the City and Borough of Juneau. Presented by the Human Resources Committee.

    This resolution updates the organic legislation for the International Relations Advisory Committee. Changes include a restatement of the Committee's goals, particularly with respect to management of the sister cities program.

    This resolution was reviewed and approved by the Human Resources Committee at its meeting of February 1, 1999.

    I recommend that this resolution be adopted.

  3. Transfer Requests:

1. Transfer No. T-661: Transfers $16, 898 from Indian Village Improvements (CIP D374-02), $75,000 from Nancy St/Tongass Boulevard Reconstruction (CIP R412-53), and $75,000 from St. Ann’s Avenue Reconstruction (CIP R412-61) for a Total Transfer of $166,898 to Glacier/Willoughby Avenues Reconstruction (CIP R412-46)

This transfer request moves $16,898 of FY93 Alaska Department of Administration Grant funds from the Indian Village Improvements project, and $150,000 of FY98 Areawide 1% CIP Sales Tax ($75,000 each) from the Nancy St./Tongass Boulevard and St. Ann’s Avenue Reconstruction projects to the Glacier/Willoughby Avenues Reconstruction project.

The Juneau Indian Village construction is complete. The remaining grant funds can be used for new water and sewer connections that will be needed when the Glacier Willoughby construction reaches the village area.

The Nancy St./Tongass Boulevard is essentially complete. The funds remaining in this project after the transfer will be used to install flashing school speed limit signs in two locations on Tongass and one location on Trinity.

The St. Ann’s Reconstruction Project has been let to bid, and there are sufficient funds remaining for this transfer as the bids received were well under the engineer’s estimate and the project budget.

The extra funds are needed in the Glacier/Willoughby project because during the first year of construction, it was discovered that the existing streetlights did not meet the current electrical code. New wiring was pulled for the lights on F Street, Glacier and a portion of 10th Street and new light heads were installed on many of the lights. This extra work was not planned in the original electrical contract for this project.

The second year of the project is now in progress. Anticipating that many of the same problems would exist for the Willoughby Avenue streetlights, an electrical engineer was hired to examine all of the wiring and lights along this section of the project. The engineer recommended that all of the conduit and wiring be replaced, 10 new streetlights be added and one additional light be replaced. This transfer will fund this additional electrical work and also the water and sewer connections at the Juneau Indian Village.

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

Transfer Status/                     Unobligated                  Unobligated                         Total Project
Project Number/                  Funds Available           Funds Available                          Budget
Project Name                   Prior to Transfer            After Transfer                   After Transfer                   Status
Transferred from:
D374-02/

Indian Village

Improvements                  $16,898                              $-0-                            $459,799                      on-going

Transferred from:

R412-53/

Nancy St/Tongass

Blvd. Reconstruction   $218,184                            $143,984                    $2,503,500                    on-going

Transferred from:

R412-61/

St. Ann’s Avenue

Reconstruction              $610,361                             $535,361                    $1,957,784                    on-going

Transferred to:

R412-46/

Glacier/Willoughby

Reconstruction              $1,123,254                        $1,290,152                  $3,340,230                     on-going

2. Transfer No. T-662: Transfers $45,000 from St. Ann’s Avenue Reconstruction (CIP R412-61) to Chip Seal/Sealcoat Existing Streets (CIP R412-68)

This transfer request moves $45,000 of FY98 Areawide 1% CIP Sales Tax from the St. Ann’s Avenue Reconstruction project to the Chip Seal/Sealcoat Existing Streets project. Combined with the $31,075 in the chip seal project prior to this transfer, there are sufficient funds to do the streets.

The St. Ann’s Reconstruction Project has been let to bid, and there are sufficient funds remaining for this transfer as the bids received were well under the engineer’s estimate and the project budget.

The funds are needed in the Chip Seal/Sealcoat Existing Streets project for the City’s portion of the cooperative chip seal program between the City and the Alaska Department of Transportation and Public Facilities (DOT/PF). Regional road maintenance staff of DOT/PF leads the work. Specialized equipment is provided by the State; City trucks and personnel are also involved. DOT/PF purchases the materials (primarily oil and chips) and the City reimburses DOT/PF for the State’s materials, labor and other associated costs.

It has been several years since a chip seal project was undertaken in Juneau. Many streets that were chip sealed in the late 1980’s are in poor condition; a new chip seal will extend their lives considerably. In addition, there are a number of asphalt streets where chip sealing will improve the road surface and extend the useful life. Your packet includes a list of the streets scheduled for chip seal this summer.

It is estimated that $75,000 may be needed for this project in the summer of 1999. Any funds not expended this summer will be carried forward to summer 2000 for another chip seal project.

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

Transfer Status/                   Unobligated                  Unobligated                             Total Project
Project Number/                  Funds Available           Funds Available                        Budget
Project Name                      Prior to Transfer         After Transfer                        After Transfer               Status
Transferred from:
R412-61/

St. Ann’s Avenue

Reconstruction                $535,361                   $490,361                                 $1,912,784              on-going

Transferred to:

R412-68/

Chip Seal/Sealcoat

Existing Streets                $31,075                    $76,075                                  $76,075                     on-going

I recommend that this transfer be approved.

  1. ORDINANCES FOR PUBLIC HEARING
  2. 1. Ordinance No. 99-12

    An Ordinance Creating Local Improvement District No. 85 of the City and Borough; Finding That Such Local Improvement District is in the Public Interest; Setting the Boundaries of Such Local Improvement District; Providing for the Improvements to Be Acquired, Constructed and Installed Consisting of Reconstruction of Existing Roadbed and Sanitary Sewer System, and New Construction of Pavement, Curb and Gutter, Sidewalks, Underground Storm Drainage, and a High Pressure Water System for Portions of John Street, David Street and Simpson Avenue at an Estimated Cost of $1,725,000 of Which an Estimated $280,429 is to Be Borne by Properties Specially Benefited and an Estimated $1,444,571 by the City and Borough; Directing That the Work Be Done; That Any Land Necessary or Useful Be Acquired and That Eminent Domain Including Use of Declaration of Taking is Authorized; Creating Special Assessment Fund No. 85; and Finding That Special Benefit to the Property Within the Described District Exists and That Each Lot or Tract Within the Described District Will Be Specially Benefited in Proportion to the Amount Assessed. Presented by the Manager.

    Administrative or Staff Report

    This ordinance establishes LID 85 for the purpose of reconstructing the existing roadbed and sanitary sewer system, and new construction of pavement, curb and gutter, sidewalks, underground storm drainage, and a high-pressure water system for portions of John Street, David Street and Simpson Avenue within Belleview Subdivision. The proposed assessment per lot fronting on an unpaved road shall be $1,316.00. The proposed assessment per lot fronting on a paved road shall be $921.00.

    An informal poll was conducted of the property owners in the LID area. Out of a total of 229, 163 responses were received. 97 responded in favor, with 66 opposed.

    After the introduction of this ordinance on March 15, 1999, notices were published in the newspaper and sent to residents in the LID area so they would be aware that they would have this opportunity to make their views known to the Assembly.

    At this hearing the Assembly shall hear objections from any owner affected by the formation of the district and may make changes in the proposed boundaries or in the plans for the proposed improvements. The Assembly may not change the boundaries of the district to include property not previously included without first giving new notice to owners in the manner and form and within the time provided for the original notice.

    I recommend that this ordinance be adopted.

    2. 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.

    Administrative or Staff Report

    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 adopted.

    Public Hearing

    Assembly Action

  3. UNFINISHED BUSINESS

1. Hayes v. Planning Commission, Appeal No. SUB 98-00056: Stipulation

Howard Hayes has appealed a decision by the Planning Commission to approve a subdivision on the A.J. Rock Dump. The Assembly has heard similar appeals in the past, and has affirmed the decision of the Planning Commission. Mr. Hayes has appealed some of those Assembly decisions to superior court.

It would be a waste of time and effort for the Assembly to hear the same issues again. The Law Department has spoken with counsel for Hayes and to Mr. Reed Stoops of A.J. Associates, and all have agreed in principle to allow the issue to proceed directly to the Superior Court, should Hayes decide to take it up. If the Assembly also agrees, the parties will complete the process by executing a stipulation in substantially the form provided in your packet.

2. 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.

Sixty-five 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 $208,300 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:

This is the final opportunity being offered under this program.

As a result of the April 14th Finance Committee meeting, the numbers are being recalculated and will be provided at Monday’s meeting as a red folder item.

I recommend that this resolution be adopted.

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

    4. Attorney’s Report:
  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.  
  2. a) American’s with Disabilities Act Committee

    b) Docks & Harbors Board

    c) Fisheries Development Committee

    d) Housing Advisory Committee

  3. Human Resources Committee
  4. Lands and Resources Committee
  5. Public Works and Facilities Committee
  6. Assembly Strategic Policy Committee

B. Board Liaison Reports

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2.  

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).
  4. 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.