AGENDA/MANAGER’S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, May 17, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-16

Submitted by: _____________________________

David R. Palmer

City & Borough Manger

  1. FLAG SALUTE
  2. ROLL CALL
  3. APPROVAL OF MINUTES
  4. 1. 03/29/99 – Special Mtg. No. 99-10

    2. 04/05/99 – Special Mtg. No. 99-11

    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 for Introduction:

1. Ordinance No. 99-22

An Ordinance Amending Title 49, the Planning and Zoning Code, to Disestablish the Design Review Board and Eliminate the Design Review Process. Presented by the Committee of the Whole.

This is a variation of the ordinance referred to as "96-C" at the Committee of the Whole meeting of August 26, 1996. It was introduced as ordinance 96-34 and tabled at the Assembly meeting of September 16, 1996.

This ordinance eliminates the Design Review District, the Board, and the design review process. The design review standards are contained in regulations that should be repealed by the Planning Commission. However, this will be largely a formality, because the regulations apply only in the Design Review District, which is repealed by this ordinance.

This version of the ordinance preserves design review in the historic district. Historic district design review is conducted by the commission for major development permits and CDD for minor permits. Because of this remnant, the term "design review" is retained in a few sections, such as CBJ 49.85.100 relating to fees, but its meaning is now limited to historic district design review by the commission or staff.

An alternative way to reduce the scope of design review while preserving it in the historic district would be to leave the Design Review Board and its standards and procedures in place, but reduce the design review district so that its boundaries are the same as the historic district. This would make it easy to re-establish a broader scope of design review at any time merely by amending the design review map.

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

2. Ordinance No. 99-23

An Ordinance Authorizing the Manager to Execute a Lease of the Mayflower Building and Grounds to the Juneau Montessori Center, Inc. for Less Than Fair Market Value, and Establishing a Purchasing Code Exemption for Procurement of a Heating System for the Building. Presented by the Manager.

Ordinance No. 99-23 authorizes the manager to lease the Mayflower Building and grounds to the Juneau Montessori Center Incorporated for less than fair market value.

The Montessori Center has been leasing the facility since 1992. Its lease has expired and it currently occupies the site under month-to-month tenancy. It has requested to enter into six-year lease.

Additionally, Montessori has requested to have back rent of approximately $20,131 forgiven and zero rent for the first eleven months of the new lease. The current monthly rent is $2,000/month. This request is prompted by Montessori’s desire to convert the building from the current electrical heat system to a more cost-effective oil system. The conversion cost is estimated to be $62,000. The Montessori Center will be responsible for installing the oil heating system using the rent credit and their own funds.

The Assembly Lands Committee reviewed the lease request at its meeting April 14, 1999 and recommended approval of the terms as outlined in this ordinance. Additionally, an ad hoc committee of Jim Powell, Cathy Munoz and Rosemary Hagevig has recommended approval of the lease terms along with the award of the bid for roof repair to the Mayflower Building. At its May 3rd meeting, the Assembly deferred the bid award to the May 19th Finance Committee meeting, but the ad hoc committee’s recommendation is to move forward with both the lease and the bid award; the bid award appears on tonight’s agenda under unfinished business. At the public hearing, I would appreciate specific attention to the term of the lease. I recommend either a year to year lease, or, at a minimum, an annual reopener on the lease amount.

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

3. Ordinance No.98-17 (am)

An Ordinance Appropriating to the Manager the Sum of $19,300 for the Purchase of Highly Refined Fuel Specially Formulated to Reduce Smoke Generated at Firefighter Training Facilities. Such Funds Provided by the Areawide Fire Training Center Unreserved Fund Balance. Presented by the Manager.

This ordinance appropriates $19,300 of the Areawide Fire Training Center unreserved fund balance to purchase 6,200 gallons (FOB Juneau) of specially formulated fuel for burning in the flammable liquids pits during fire training at the Hagevig Fire Training Center.

The underground fuel storage tanks are currently being replaced at the Fire Training Center and the Fire Department wants to fill the new tanks with Tekflame. This is a new product that burns cleaner and cooler than the mixture of gasoline and diesel that has been used in the past. The product is available in 6,200 gallon tanks, which is estimated to be a two-year supply based on the Center’s current usage. Training fees will be increased to reflect the increased cost of operations at the Center.

After this ordinance is adopted, the unreserved fund balance in the Areawide Fire Training Center fund will be $13,869.

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

B. Resolutions:

1. Resolution No. 1989

A Resolution Disestablishing the Emergency Management Advisory Group and Establishing an Emergency Planning Committee Authorized to Meet as a Local Emergency Planning Committee and Repealing Resolutions 1443 and 1830. Presented by the Manager.

Federal law establishes a community "right to know" about hazardous materials stored or passing through the community. Federal requirements include a "local emergency planning committee" (LEPC) to address hazardous material issues.

This resolution re-establishes the Juneau LEPC, which was first established in 1991, but then disestablished in 1996 in favor of an "emergency management advisory group", which assumed the duties of the LEPC. The emergency management advisory group has been largely inactive, and the Fire Chief recommends that Juneau return to the original system.

I recommend that this resolution be adopted.

2. Resolution No. 1990

A Resolution Supporting the Objectives of the Fair Fisheries Coalition. Presented by the Manager.

This resolution responds to the interests of Bering Sea and Gulf of Alaska commercial fishermen, who have been impacted by adoption of the federal "American Fisheries Act".

I recommend that this resolution be adopted.

3. Resolution No. 1991

A Resolution Requesting the United States Congress to Endorse Naming the Office Consolidation Facility of the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service in Honor of Senator Ted Stevens. Presented by the Manager.

This resolution pays tribute to Senator Stevens and his efforts on behalf of the NOAA/NMFS facility at Lena Point.

I recommend that this resolution be adopted.

C. Transfer Requests:

1. Transfer No. T-664: Transfers $60,000 from St. Ann’s Avenue Reconstruction project (CIP R412-61) to Shattuck Way Reconstruction project (CIP R412-62)

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.

During the reconstruction of 5th Street from Main Street to Kennedy, the small stubs of West 5th and West 7th Streets were also reconstructed. West 6th Street was not reconstructed at the time because of the extensive remodeling of the home of Dr. Tom Hall located on West 6th Street. The design of the street reconstruction was donecompleted, however. This work can now be done as a change order to the Shattuck Way Reconstruction project. This transfer, which was approved by the Public Works and Facilities Committee at its May 5 meeting, will fund this change order.

A copy of the minutes from the Public Works and Facilities Committee meeting of May 5 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:
R412-61/
St. Ann’s Ave.
Reconstruction
$353,661 $293,661 $1,852,784 on-going
Transferred to:
R412-62/
Shattuck Way
Reconstruction
$51,530 $111,530 $810,000 on-going

I recommend that this transfer be approved.

2. Transfer No. T-665: Transfers $150,000 from the Mayflower Island Causeway Upgrade project (CIP H354-70) to the Douglas Harbor Uplands and Moorage Expansion project (CIP H354-68), and $60,000 from the Adair Kennedy Park Improvement project (CIP P396-18) to the Savikko Park Field Resurfacing project for a total transfer of $210,000

This transfer is primarily a housekeeping item for these Proposition Three funded projects. In the case of the harbor projects, the design has been completed. The outcome is that it is more efficient to construct both projects as part of one contract than separately. In the case of the park projects, the resurfacing of Savikko Park fields 3 and 4 will cost more than anticipated. In order to assure completion of the project during this construction season, the difference will be "borrowed" from the Adair Kennedy Park project. The Adair Kennedy Park project will be paid back during the FY00 Capital Budget process. Overall, the projects will stay within the approved budget.

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:
H354-70/
Mayflower Island
Causeway Upgrade
$150,000 $ -0- $ -0- closing
P396-18/
Adair Kennedy Park
Improvements
$650,000 $590,000 $590,000 on-going
Transferred to:
H354-68/
Douglas Harbor Uplands
& Moorage Expansion
$12,374 $162,374 $475,000 on-going
P396-24/
Savikko Park Field
Resurfacing
$115,356 $175,356 $185,000 on-going

I recommend that this transfer be approved.

D. Bid Award:

1. Contract No. E99-184: Bartlett Regional Hospital Surgery Expansion

Bids were opened on the subject project on April 29, 1999. The bid protest period expired at 4:30pm on April 30, 1999. Results of that bid opening are as follows:

Responsive Total Bid
Coogan Construction Company $3,298,000
Architect’s Estimate $2,700,000

 

This project consists of remodeling portions of Bartlett Regional Hospital to expand the Outpatient Surgery Unit and to house a Cardiac Rehabilitation Unit.

Funding source: FY97 Transfer In-Hospital; FY98 Transfer In-Hospital; FY99 AW Street Sales Tax; FY99 Transfer In-House. Total project funds: $4,340,700.

After reviewing the bid in detail, the BRH Board and administration recommend awarding this bid. The project architects, Jensen, Yorba, & Lott met with the BRH Board to discuss the best course of action. Significant design changes occurred during the bidding process. Another factor was that the estimate was done before all final design had been completed and may not have contemplated the complete scope of the project. A re-bid would create a hardship for hospital operations, introduce the possibility of higher costs due to a significant delay, and all things considered, the Board recommended the award now.

I recommend award, with the concurrence of the BRH Board, to Coogan Construction Company in the amount bid, for a total award of $3,298,000.

E. Liquor Licenses:

1. Two-Year Renewals:

Beverage Dispensary: Restaurant/Eating Place:

Arctic Bar Canton House
Channel Bowl, Inc.
El Sombrero
G. W. Teal Silverbow Inn
Glacier Restaurant & Lounge
Thane Ore House
Hoochi’s Sports Pub
Lucky Lady

Package Store:

Prospector Hotel, The/
The Diggings
Breeze In Liquor
Rainforest Hotel
The Douglas Island Breeze-In
Percy’s Liquor Store

Club:

BPO Elks Lodge #420

Brewery:

Juneau Moose Lodge #700
Gold Creek Brewery

Wholesale Malt:

K & L Distribution

The Finance, Fire, Police, and Community Development Departments have reviewed the applications. The Human Resources Committee met on Monday, May 17, 1999, and based on the information provided at its meeting, will forward its recommendations to the Assembly tonight regarding whether to waive its right to protest the two-year liquor license renewals for the applicants listed above.

I recommend the Assembly adopt the Human Resources Committee recommendations from its May 17 meeting regarding its right to protest to the licenses as reported.

 

VII.  ORDINANCES FOR PUBLIC HEARING

VIII. UNFINISHED BUSINESS

    1. Contract No. E99-251: Mayflower School Exterior Renovation

Bids were opened on the subject project on April 23, 1999. Non-Responsive: Awesome Transformation. Reason: submitted an altered bid. The bid protest expired at 4:30pm on April 26, 1999. Results of the bid opening are as follows:

Responsive Total Bid
Design North, Inc. $54,701.50
Duran Construction Company $58,900.00
Silver Bow Construction $61,680.00
CB General Contractors $78,284.00
North Pacific Steel Erectors, Inc. $81,232.00
Architect’s Estimate

$70,000.00

 

The project consists of removal and disposal of the existing metal roofing, two layers of asphalt shingles and metal flashing, a portion of the concrete chimney, and all deteriorated wood roof decking. Work will include the installation of new roof sheathing, metal flashing, new metal roof, new vent pipe and flashing, and re-install existing roof gutters; also included will be the preparation and painting of the exterior of the building, and miscellaneous related work.

A delay in this award could have the practical effect of delaying the project until next Spring. The roof leaks around the chimney, the fasteners are not effective and the roof needs to be replaced, but it could survive one more winter. The current tenant, Montessori School, has submitted a proposal for rent relief in exchange for a new heating system. If a new heating system is installed, it is likely that roof penetration would be necessary.

We have invested in the reroof design and bidding costs. We have a good price and a responsive contractor, so if there is an expectation by the Assembly that the City will continue to own the building, we should proceed with the bid award. Given the complex policy issues that will be discussed later, and given the likelihood of the time that will be necessary to develop a long range policy for the building, I recommend we proceed with the bid award, and if the decision is made to dispose of the building, we attempt to recover our investment.

At its May 3rd meeting, the Assembly deferred the bid award to the May 19th Finance Committee meeting, but the ad hoc committee’s recommendation is to move forward with both the lease and the bid award. Due to the critical timing involved in this project, I recommend the Assembly proceed with the bid award.

I recommend award to Design North, Inc. as having the lowest responsive bid price. Total bid award will be for $54,701.50.

2. Continuation of Deliberations on Mr. Steve Landvik's Appeal of the Planning Commission's Denial of an Allowable Use Permit to Construct a 12-Unit Apartment Building with Associated Parking (USE98-00045): Review of Final Order

After detailed negotiations between CDD and the developer, the parties met with Presiding Officer Hagevig on May 10 to discuss implementation of the Assembly's Feb 22 decision to allow construction of a reduced-standard driveway to Mr. Landvik's parking lot, pending completion of the municipal project to upgrade Gastineau Avenue.

Ms. Hagevig recommends Assembly approval of the arrangement embodied in the language found beginning at page 12 of the proposed decision included in your packet. The language would amend the staff recommendation by adding a new paragraph 5 entitled "interim driveway". This provision allows the developer to build a temporary reduced-standard driveway pending reconstruction of Gastineau Avenue or, if reconstruction of Gastineau is imminent, use space in the parking garage until the reconstruction is complete.

Subsection (g) of paragraph 5 addresses the developer's request to make some accommodation for the commercial parking spaces associated with the Fur Gallery I building.

The May 10 meting was attended by Mr. Doug Larson for the neighborhood and by Ms. Kim Keifer for management of the Parking Garage. They had no objection to the proposed order.

As this is a quasi-judicial action of the Assembly, I have no recommendation.

IX.  NEW BUSINESS

X.  ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report – Action Items:
    2. 1. Relocation Reimbursement Approval Request

      There are currently four positions for which recruitment and relocation expenses should be authorized. At the Assembly’s direction, Assembly prior authorization is needed for these requests. I have described the four positions, and justification for each, in a memo included in your packet.

      I recommend that the Assembly authorize the relocation and recruitment costs for each of the four positions, as outlined. in the attachment.

      2. Gravel Pit

      The Public Works & Facilities Committee, at its April 7th and April 21st meetings, discussed and recommended that the Lemon Creek Gravel Pit Management Plan be implemented. The management plan is in your packet.

      I recommend that the Assembly adopt the Public Works & Facilities Committee’s recommendation to implement the plan.

    3. Manager’s Report – Information Items:
    4. 1. Disability Awareness Train

    On May 4, 1999, the CBJ held the first session of "Disability Awareness Training" for CBJ employees. This training is being offered to help employees to provide better customer service to people with disabilities.

    Your packet includes a memo from Personnel Director Joan Wilkerson providing more information about this very important component of our training plan.

    2. Manager’s Quarterly Report: January – March, 1999

    3. Y2K Readiness Update

    Included in yourn your packet is a Y2K readiness update for CBJ Departments with Mission Critical Business Functions (MCBFs), as of May 3, 1999. Anne Stadnychenko, Y2K Coordinator, has added Eaglecrest and Harbors Departments per the Assembly’s request. Although these two departments were not originally identified as mission critical, they have been working on Y2K issues and are taking corrective measures, where appropriate.

    Departments have completed their assessments and are either in the process of remediation (replacing or obtaining upgrades), or testing of systems determined to have Y2K related issues. Our schedule presently calls for most testing to be completed in August, with the exception of a few that rely on vendors or service suppliers to set testing schedules. Tests that have been completed so far have rendered successful Y2K results (no anomalies observed as a result of date rollovers).

    In addition, departments have developed draft contingency plans, which we have begun to review. These plans will be revised accordingly, as we progress with our Y2K program. As part of a city–wide contingency, we are reviewing our existing contractual arrangements to determine any need for increased coverage for Y2K preparedness prior to January 1, 2000.

  1. Attorney’s Report:

1. Note: the Assembly may enter into Executive Session for an attorney’s report on matters of which public disclosure would have an adverse impact.

2. Law Department’s Quarterly Report: January – March, 1999

XI. MAYOR’S REPORT ON NON-AGENDA ITEMS

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

  XII. COMMITTEE REPORTS ON NON-AGENDA ITEMS

    1. Committee Reports:
    1. Committee of the Whole
    2. Finance Committee
    3. Committee on Committees
    4. Human Resources Committee
    5. a) Parks & Recreation Advisory Committee

      b) Personnel Board

      c) Public Libraries Endowment Board

      d) Tourism Advisory Committee

    6. Lands and Resources Committee
    7. Public Works and Facilities Committee
    8. Assembly Strategic Policy Committee

B. Board Liaison Reports

XIII. ASSEMBLY COMMENTS AND QUESTIONS

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

XV. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Public Library and the Douglas Public Library.

ADA Accommodations Available Upon Request: Please contact the Clerk’s Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s Office telephone number is 586-5278, TDD 586-5351, e-mail: Marian_Miller@mail.ci.juneau.ak.us.