AGENDA/MANAGER’S REPORT
Monday, April 17, 2000 7:00
– 11:00 PM
Assembly Chambers –
Municipal Building
Meeting No.
2000-08
Submitted by: _____________________________
David R. Palmer
City & Borough Manager
V.
PUBLIC
PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor
more than 5 minutes for any individual).
VI.
CONSENT
AGENDA
A.
Public
and Assembly Requests for Consent Agenda Changes, Other Than Ordinances for
Introduction
1. Ordinances for Introduction
A.
Ordinance
No. 2000-10
An
Ordinance Amending the Election Code to Provide for Review by the Election
Official of Initiative Affidavits
The ordinance expands the process used by the
Election Official to review local voter initiatives. The new process is similar
to the one used by the Lieutenant Governor to review state voter initiatives.
Currently, the Election Official’s review is
exercised toward the conclusion of the initiative process, when she examines
petition booklets for damage or inadequate signatures. This ordinance adds a
procedure at the beginning of the process when the petitioner’s committee
submits its "affidavit". The affidavit identifies the members of the
initiative committee, and sets out the measure to be initiated.
This ordinance would require that the Election
Official certify the affidavit before issuing petition booklets. Certification
would be denied if the affidavit or measure are in the wrong form or the
petitioner’s committee has fewer than five members. More significantly,
certification would be denied if the measure to be initiated violates certain
rules for initiatives which are imposed by the Charter, the Alaska
Constitution, or common law. Under these rules, the measure would be denied
certification if it:
1.
Establishes
a budget, fixes a mill levy, or appropriates funds,
2.
Dedicates
revenue, creates courts, defines the jurisdiction of courts or prescribes their
rules, or enacts local or special legislation, or
3.
Is
not limited to one subject
It is important to note that these criteria do not
involve the merits of the measure. The Election Official is not empowered to
reject a measure because she thinks it is unconstitutional, pre-empted by state
law, or generally unwise. These kinds of issues must be resolved by a lawsuit
after the measure is adopted.
Your packet includes a memorandum prepared by the
Attorney for Mr. Garrett. The same memo, along with court cases, attorney
general opinions, and other backup material is on the web at www.cbjlaw.com.
I recommend
this ordinance be scheduled for public hearing at the May 1, 2000 Assembly
meeting.
B.
Ordinance
No. 2000-11
An
Ordinance Appropriating Money Out of the Treasury for FY01 City and Borough
Operations
This ordinance will appropriate the FY01 operating
budget for the City and Borough of Juneau. The Charter requires the Assembly to
appropriate the FY01 operating budget, by ordinance, no later than June 15,
2000. The Charter also requires at
least one public hearing to be held on this ordinance during the month of April
2000 and is currently scheduled for April 26,2000.
I recommend that this ordinance be
forwarded to the Assembly Finance Committee for review.
C.
Ordinance
No. 2000-12
An
Ordinance Appropriating Money Out of the Treasury for FY01 School District
Operations
This ordinance will appropriate the School District
FY01 operating budget. The ordinance
includes local funding support for education.
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 26, 2000. The Assembly must appropriate, by ordinance, the amount of local
support for School District operations no later than May 31, 2000.
I recommend
that this ordinance be forwarded to the Assembly Finance Committee for review.
D.
Ordinance
No. 99-17 (Y)
An Ordinance
Appropriating to the Manager the Sum Of $250,000 as Additional Funding to
Complete Bartlett Regional Hospital’s Project 98. Such Funds Provided by Bartlett Regional Hospital Retained
Earnings.
This ordinance will appropriate $250,000 to Bartlett
Regional Hospital’s (BRH) “Project 98” from the Hospital’s retained earnings.
The additional funds will cover change orders and
final project costs to complete the Surgery Remodel phase of the project. This appropriation will bring the “Project
98” budget to $8,085,050.
The Hospital Board approved transfer of $250,000
from the hospital enhancement restricted funds to the Project 98 capital budget
at their regular board meeting of March 28, 2000.
A copy of the meeting minutes is enclosed in the
packet.
I recommend
this ordinance be scheduled for public hearing at the May 1, 2000 Assembly
meeting.
2.
Bid
Awards:
A. Contract No. SD00-285
School
Electrical Upgrades (Auke Bay, Harborview, Mendenhall River)
Bids were opened on the subject
project on March 31, 2000. The bid
protest period expired at 4:30pm on April 4, 2000. Results of the bid opening are as follows:
|
RESPONSIVE |
TOTAL BID |
|
Juneau Electric |
$223,311 |
|
Ever Electric, Inc. |
244,100 |
|
ALCAN Electric |
254,837 |
|
Chatham Electric, Inc. |
277,753 |
|
Engineer's Estimate |
$243,000 |
This project consists of
providing additional electrical power for computers, televisions, videocassette
recorders, overhead projectors, and printers at the three named elementary
schools within the Juneau-Douglas School District.
The funding source for this
project is Tech Bonds and total project funds is $300,000.
I recommend award of this project to Juneau Electric in the amount bid
for a total award of $223,311.
B. Contract No. SD00-286
School Electrical Upgrades (Gastineau, Glacier Valley, Floyd Dryden)
Bids were opened on the
subject project on March 31, 2000. The
bid protest period expired at 4:30pm on April 4, 2000. Results of the bid opening are as follows:
|
RESPONSIVE |
TOTAL BID |
|
Juneau Electric |
$219,883 |
|
Northern Construction,
Inc. |
230,500 |
|
Ever Electric, Inc. |
241,075 |
|
ALCAN Electric |
255,525 |
|
Chatham Electric, Inc. |
288,197 |
|
Engineer's Estimate |
$250,000 |
This project consists of
providing additional electrical power for computers, televisions, videocassette
recorders, overhead projectors, and printers at the three named elementary
schools within the Juneau-Douglas School District.
The funding source for this
project is from Tech Bonds and total project funds is $300,000.
I recommend award of this project Juneau Electric in the amount bid for
a total award of $219,883.
C. Contract No. E00-313
Adair-Kennedy
Field Surfacing
Bids were opened on the
subject project on April 5, 2000.
Results of the bid opening are as follows:
|
RESPONSIVE |
Base Bid |
Add.Alt.1 |
Add.Alt.2 |
Add.Alt.3 |
Add.Alt.4 |
TOTAL BID |
|
Arete Construction Corporation |
$826,980 |
$25,000 |
$27,000 |
$17,000 |
$3,425 |
$899,405 |
|
|
|
|
|
|
|
|
|
Engineer's Estimate |
$788,600 |
$35,000 |
$30,000 |
$10,000 |
$2,150 |
$865,750 |
The only other bidder,
Channel Construction, Inc., was declared to be non-responsive for failing to
provide information required pursuant to Section 00110 in the contract
documents.
The project consists of a
Base Bid and four Additive Alternates.
The Base Bid involves preparation of an existing dirt football/soccer
field and placement of an artificial surfacing (turf) on the field. Add. Alternate No. 1 includes permanent
football field markings; Add. Alternate No. 2 includes permanent soccer field
markings; Add. Alternate No. 3 includes electrical thaw system; Add. Alternate
No. 4 includes asphalt paving adjacent to northern edge of running track.
The funding source for this
project is Sales Tax and Proposition 3 funding and total project funds is
$1,000,000.
A notice of intent to appeal
the award has been filed. More information will be available on April 17th.
I recommend award of this project to Arete Construction Corporation in
the amount bid for the Base Bid, making a total award of $826,980.00.
D. Bid No. 00-271
Self-Propelled
Sweeper Truck for CBJ Streets Division
The 1994 Elgin Whirlwind
sweeper is being replaced with noticeably quieter equipment.
Bids were opened on the
subject purchase on March 29, 2000.
Results of the bid opening are as follows:
|
Business Name |
Unit Price |
Less Trade-In Option |
Total Bid Less Trade-In |
|
Yukon Equipment |
$144,891 |
$30,000 |
$114,891 |
|
Construction Machinery |
$159,100 |
$27,500 |
$131,600 |
|
North American Crane |
NO BID |
|
|
|
|
|
|
|
I recommend award of this purchase to Yukon Equipment in the amount bid
a total award of $114,891.00.
3.
Ordinances
for Rescheduling of Hearing Date to May 1, 2000, 7:00 p.m.
Notice
requirements were not met for the following ordinances originally scheduled for
public hearing at tonight’s meeting, therefore, they must be rescheduled as
follows:
A. Ordinance No. 2000-09
An Ordinance
Amending the Commercial Passenger Vehicle Code to Amend the Definition of
Courtesy Vehicle; Amend the Code to Clarify that the Chief of Police Appoints
the CPV Administrator; Establish the Offenses of Radar Detectors Prohibited,
Excess Number of Passengers Prohibited, Radio Scanners in Taxis Restricted, and
Use of Commercial Passenger Vehicle as Courtesy Vehicle, and Establishing
Penalties for the Violation Thereof; and Amending the Purpose and Conditions of
the Shuttle Endorsement to Include Scheduled Stops and Establishing as an
Infraction a Failure to Follow the Schedule.
This ordinance amends the
commercial passenger vehicle code to create three new offenses as requested by
the police department, to modify the definition of “courtesy vehicle” as
requested by the hotel, tour, and taxi industries, and makes a correction to an
inconsistent code section. These changes have been developed by a subcommittee
of the Planning & Policy Committee in cooperation with the affected
industries and staff.
Three new offenses are created
at the request of the police department, all these offenses are infractions
punishable by a maximum $300 fine. The first is to prohibit any commercial
passenger vehicle from having a “radar detector” in the vehicle. Such a device
is used to detect public safety efforts to prevent speeding. The second offense
created is having an excess number of passengers in a commercial passenger
vehicle. The third offense created is to prohibit a taxi to have a radio
scanner in the vehicle when on duty. The police department requests a change in
the language used in the version introduced, this is explained in the attached
memo.
The definition of courtesy vehicle
is modified to allow commercial lodging facilities, tour or experience
providers, and automobile repair businesses to provide free transportation to
their patrons in clearly marked courtesy vehicles. The industry has volunteered
to limit such courtesy vehicle services so as not to unfairly compete with taxi
service. This informal agreement will not be enforced by CBJ, but if followed,
satisfies the concerns of the taxi industry.
The appointment of the CPV administrator should be by the chief of police, an inconsistent reference to this appointment being by the manager is corrected. The conditions of a shuttle endorsement are modified to require shuttle service to be provided with designated stops on a time schedule enforced to within a five-minute tolerance.
A memo providing more background and explanation
is provided in the packet materials. This memo also contains the changes
requested by the police department.
I recommend this ordinance be rescheduled for public hearing at the May 1, 2000 Regular Assembly meeting.
B.
Ordinance No. 99-17 (W)
An Ordinance Appropriating to
the Manager the Sum of $100,000 for an Acoustic Study of Neighborhoods Affected
by Flightseeing Noise and to Conduct Feasibility Studies for Alternate Heliport
Sites. Such Funds Provided by the
General Fund Unappropriated Fund Balance.
This ordinance appropriates funds for a baseline
acoustic study (phase I). A feasibility
study of alternate heliport sites (phase II) is included in the request for
proposals, but that work will not be authorized until two things occur:
1.
Funding
must be increased, and
2.
The
Assembly must determine that consideration of alternative heliports is an
option it wants to investigate.
The acoustic study (phase I) would establish
baseline noise levels in neighborhoods affected by flightseeing noise, measure
flightseeing noise in those neighborhoods, project future noise levels in the
absence of mitigating actions, and prepare a report explaining noise levels in
terms of impacts on health and well-being.
This work is appropriately funded by the cruise
passenger fee, but because the policies for use of the money is not yet
developed, and because it is important to start the baseline noise study now, I
recommend use of the general fund balance and ask the Assembly to consider
reimbursing the fund with passenger fee money at the appropriate time.
I recommend this ordinance be rescheduled for public hearing at the May 1, 2000 Regular Assembly meeting.
C.
Ordinance No. 99-17 (X)
An Ordinance Appropriating To The Manager The Sum Of $100,000 As Additional Funding For The Riverbend Elementary School. Such Funds Provided By Interest Income Earned From Unspent Project Funding.
This ordinance appropriates $100,000 in interest
earnings from unexpended project bond and grant funds as additional funding for
the Riverbend Elementary School construction project. These funds will be used to expand the paved parking lot,
fencing, drainage and other safety improvements to the playground, and provide
funds for staff to continue to work with consultants to resolve roof problems.
To date, total interest earned for the project is
$386,900. Additional interest will be
earned in FY00.
I recommend this ordinance be rescheduled for public hearing at the May 1, 2000 Regular Assembly meeting.
VII.
ORDINANCES
FOR PUBLIC HEARING
A.
Waste
Management fee to collect junked cars.
XI.
ASSEMBLY
REPORTS ON NON-AGENDA ITEMS
Note: Agenda packets are
available for review at the Juneau Municipal Libraries.
ADA Accommodations Available
Upon Request: Please contact the Clerk’s Office 72 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: Laurie_Sica@ci.juneau.ak.us.