THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, June 16, 1997 - 7:00 PM
Assembly Chambers - Municipal Building
Meeting No. 97-21
Submitted by:
David R. Palmer
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I. FLAG SALUTE
II. INVOCATION
III. ROLL CALL
IV. APPROVAL OF MINUTES
SPECIAL ORDER OF BUSINESS
1. Proclamation Honoring Assembly Secretary Rone Tromble
After 11 years as the CBJ Assembly's meeting secretary, Rone Tromble has decided to pursue other interests. Tonight will be her last regular meeting, and in honor of her dedicated support to the Assembly and the many long hours spent in meetings, Mayor Egan will present a proclamation in her name.
V. MANAGER'S REQUEST FOR AGENDA CHANGES
VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual.)
VII. 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.
A. Ordinances for Introduction:
1. Ordinance No. 97-28
An Ordinance Proposing Amendments to the Charter of the City and Borough to Provide for Assembly and Board Action in Quasi-Judicial Cases Upon the Vote of a Majority of those Voting; and Calling for an Election of the Question of Whether the Charter Should be so Amended. Presented by the Manager.
This ordinance directs the clerk to prepare a ballot proposition for a Charter amendment to allow a different kind of voting by municipal bodies in quasi-judicial hearings. Currently, bodies may take action only on a vote of the majority of the membership, even if some of the members are absent. This works well for legislative matters, but can impose a hardship on permit applicants, parties to an appeal, and others involved in adjudicative cases. The charter amendment would allow action upon a vote of a majority of the members voting in adjudicative cases.
The amendment would not change quorum requirements and would not change voting rules in non-adjudicative cases. The amendment is not self-executing: it would be implemented only upon adoption by the Assembly of an ordinance specifying which agencies and which kinds of cases could use this form of voting.
Your packet includes a memo from the attorney explaining the issues associated with this Charter amendment.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
2. Ordinance 96-17 (BQ)
An Ordinance Appropriating to the Manager the Sum of $800 for the Statewide Alaska Coastal Management Program Conference. Such Funds Provided by the Alaska Department of Community and Regional Affairs. Presented by the Manager.
This ordinance appropriates a grant from the Alaska Department of Community and Regional Affairs, Municipal and Regional Assistance Division, Alaska Coastal Management Program for the statewide coastal conference. The funds will be used to purchase supplies and materials for the conference.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
3. Ordinance No. 96-17 (BR)
An Ordinance Appropriating to the Manager the Sum of $457 for the Historic Preservation of the Jualpa Mine Camp Historic District. Such Funds Provided by the Alaska Department of Natural Resources. Presented by the Manager.
This ordinance appropriates grant funds in the amount of $457 for materials related to the continuing work on the historic buildings of the Alaska Juneau Gold Mining Company located in the Last Chance Basin.
At the end of the first grant period the grantee, the Alaska Department of Natural Resources, Office of History and Archaeology (OHA) determined that additional funds were available. This is a federally funded matching grant program (60% Federal, 40% CBJ). CBJ's match for this project was volunteer time provided by the Gastineau Channel Historical Society.
The funds provided by the grant amendment will be used to purchase paint, window glass and wood for the continuing work on the Compressor Building and Locomotive Repair Shop.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
4. Ordinance No. 96-17 (BS)
An Ordinance Appropriating to the Manager the Sum of $50,000 for Computer Acquisitions. Such Funds Provided by Lease Proceeds. Presented by the Manager.
This ordinance appropriates $50,000 in lease proceeds to acquire approximately 40 computers, per Bid No. 97-451 on tonight's Consent Agenda. These computers will be used to replace existing computers in several departments that are four or more years old and are incapable of running current software applications. It is our intent to finance the acquisition of these computers with the proceeds of a three (3) year tax exempt lease purchase agreement. The lease agreement will be with Key Bank of Alaska, the holder of our current Master Lease Contract. The total cost inclusive of all lease payments of the computers is estimated to be $57,000.
I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.
B. Resolutions:
1. Resolution No. 1862
A Resolution Establishing a Tourism Advisory Committee. Presented by the Manager.
This resolution establishes a 9-member tourism advisory committee to help manage and plan for tourism impacts and opportunities. The committee is charged with several tasks, including development of a long-range plan, monitoring and documenting tourism activity, soliciting comments from citizens and businesses related to tourism, mediating concerns and complaints, and soliciting new ideas from the industry and the general public.
The committee is one of the major products of the Tourism Working Group. The Assembly Committee of the Whole considered this resolution at its meeting of June 9, and forwarded it to the Assembly with a do-pass recommendation.
I recommend that this resolution be adopted.
2. Resolution No. 1869
A Resolution Repealing the Automatic Termination of the City and Borough of Juneau Human Rights Commission. Presented by the Committee on Committees.
This resolution deletes the "sunset clause" from the legislation which created the CBJ Human Rights commission. If the sunset clause were left in place, the Commission would terminate on July 1, 1997.
The Assembly Committee on Committees at its meeting of May 19, 1997 recommended repeal of the sunset provision.
I recommend that this resolution be adopted.
C. Bid Openings:
1. Bid No. 97-451: Pentium-166 Computers
Bid No. 97-451 for ninety (90) Pentium-166 computers opens Friday, June 13, 1997, with the protest period closing on Monday, June 16, 1997. I will submit the bid award recommendation as well as a list of all bidders at Monday's meeting as a red folder item. Rather than wait until the protest period ends, this bid is being brought before you now in order to meet the tight timing requirements of implementing improved information systems at Health and Social Services.
The funding source for fifty of the ninety computers is the FY97 MIS operating budget. The remaining forty computers will be purchased with lease proceeds, as detailed in Ordinance No. 96-17 (BS), introduced on tonight's Consent Agenda.
2. Contract No. E97-439: Underground Storage Tanks Replacement - Eaglecrest
Bids were opened on the subject project on June 11, 1997. The bid protest period expires at 4:30pm June 12, 1997. Results of that bid opening are as follows:
Responsive Base Bid Alternate No.1 Total Bid
Channel Construction, Inc. $264,010.00 $44,750.00 $308,760.00
Tubs Construction, Inc. $339,250.00 $25,000.00 $364,250.00
Glacier Environmental
Services, Inc. $387,001.75 $50,870.00 $437,871.75
Coogan Construction Co. $391,548.00 $60,000.00 $451,548.00
Engineer's Estimate $242,000.00 $46,112.00 $288,112.00
The Base Bid for this project consists of removal and replacement of fuel storage tanks and supply systems at the Eaglecrest Ski Area, including modification to an existing fuel monitoring system; removing and stockpiling of contaminated soils; and miscellaneous related work.
The Additive Alternate work consists of removal and replacement of the Ptarmigan Lift tank and miscellaneous related work. Sufficient funds are available to complete this project.
I recommend that award of this project go to Channel Construction, Inc. in the amount bid for the Base Bid and Alternate No. 1, for a total award of $308,760.00.
D. Transfer Requests:
1. Transfer Request No. T-623: Transfers $12,000 from the North Terminal Access Rehabilitation (CIP A345-25) to the Perimeter Fencing I/Snow Removal Equipment (CIP A345-17).
This transfer request will move $12,000 of local match funds to the Perimeter Fencing I/Snow Removal Equipment project. Total funding for this project will be $532,000 with these additional funds. The transfer is needed due to a change in the project scope to increase the amount of fence work the contractor will do along the airport cargo road (Alex Holden Way) and to purchase additional fencing material for future installation of new perimeter fencing by airfield maintenance. Upon completion of the work and closeout of the project application will be made to the FAA for reimbursement of these funds at their normal participation of 93.75%. Upon reimbursement by the FAA, the funds will be transferred back to the North Terminal Access Rehabilitation project from which the funds are being transferred.
The Airport Board approved this transfer by unanimous consent at its June 11, 1997 meeting.
After the transfer is approved the funds 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:
A345-25/
N Terminal Access
Rehabilitation $12,500 $ 500 $ 500 on-going
Transferred to:
A345-17/
Perimeter Fencing I/
Snow Removal
Equipment $ 7,893 $20,393 $532,000 on-going
I recommend that this transfer be approved.
2. Transfer No. T-624: This transfer $71,000 from the Water Line North Lena to Tee Harbor project (CIP W494-12) to the Aspen Avenue/Pinewood Drive Water Line project.
This transfer request will move $71,000 of General Sales Tax funds to the Aspen Avenue Pinewood Drive Water Line project. This water line project which replaced old cement-asbestos line with ductile iron line, is almost complete. The transfer is needed to continue the replacement of the cement-asbestos line on Mendenhall Boulevard, as well as those on Aspen Avenue and Pinewood Drive. In addition, there were several other unanticipated increases in material quantities. This transfer will provide sufficient funds to complete the project.
The Water Line from North Lena to Tee Harbor project is in its final stages of completion; the project has sufficient funds available for the transfer.
After the transfer is approved the funds 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:
W494-12/
Water Line North
Lena to Tee Harbor $232,831 $161,831 $1,969,600 closing
Transferred to:
W494-15/
Aspen Avenue/Pinewood
Drive Water Line $12,881 $83,880 $671,000 on-going
I recommend that this transfer be approved.
3. Transfer No. T-625: This transfers $279,352 from:
CIP A-15 Small Plane Tie down $ 5,898
CIP A46-81 Airport Runway Paving 7,459
CIP A48-81 Airport Terminal Improvements 1,328
CIP ED-4 Juneau Centennial Hall 8,536
CIP F20-81 Lynn Canal Fire Station I 8,924
CIP F-443 General School Repair/Equipment Acquisition 117,000
CIP B47-86 Fisherman's Terminal Construction 31,076
CIP P-41 Capital School Park 120
CIP S-78 Auke Bay School Rehabilitation 19,000
CIP U-45 AJ Tunnel No. 3 Reservoir 18,993
CIP U-133 East Valley Water Distribution System 30,522
CIP U-101 Switzer Creek Water Extension 30,496
$279,352
To:
CIP A345-29 Airport Culvert Repair $11,283
CIP A345-14 Airport Projects- Local Match 3,402
CIP ED6-83 Centennial Hall Completion 8,536
CIP F413-10 Lynn Canal Fire Station II 8,924
CIP F442 School Health Safety and Structure 54,170
CIP H354-63 Norway Point Boat Moorage Float 31,076
CIP H07-92 N. Douglas Launch Boarding Float 12,945
CIP P73-88 Dimond Park 120
CIP R412-37 James Boulevard Reconstruction 3,230
CIP W494-15 Aspen Avenue/Pinewood Drive Water Line 18,993
CIP Z499-00 General Sales Tax 126,673
$279,352
This transfer request will close many old capital improvement projects that had not been finalized because of uncertain status of grant funds and/or other funding sources. A review of these projects indicates that they can now be closed.
In the cases where there were funds available in the old projects, and there were similar on-going projects, those funds are proposed to be moved into the similar on-going projects. If there are no similar on-going project, and the funds were provided by Sales Tax, then these excess funds will be transferred into a Capital Improvement Project General Sales Tax fund.
In most cases, these excess funds resulted from closing a grant funded project with CBJ funds because it was uncertain whether or not the grant funds would be forth coming. In some cases, years later the grant funds were received. After the grant funds were received, the local funds once again become available to be transferred to another project.
The Public Works and Facilities Committee, at its July 9, 1997 meeting, will consider the use of the funds that are being transferred into the General Sales Tax fund.
I recommend that this transfer be approved.
E. Liquor License Renewals:
1. Diggins/Prospector Hotel
2. Gold Creek Salmon Bake
3. Hoochies Sports Pub
4. Jovany's Italian Restaurant
The Finance, Fire, Police and Community Development Departments have reviewed the liquor license applications and have filed no objections to the two-year renewals. The Human Resources Committee met on Monday, June 9, 1997, and adopted a motion to recommend the Assembly waive its right to protest the two-year renewal of the above mentioned liquor licenses.
I recommend the Assembly adopt the Human Resources Committee recommendation and waive its right to protest the two-year renewals.
F. Liquor License Transfer:
1. Jovany's Italian Restaurant
Jovany's Incorporated; Alfonso O. Soriano, President; Nenita A. Soriano, Secretary; 9121 Glacier Highway; Mail: Same Juneau, 99801. Transfer of ownership from: Alfonso & Nenita Soriano, Same location & dba.
The Finance, Fire, Police and Community Development Departments have reviewed the liquor license transfer of ownership and have filed no objections. The Human Resources Committee met on Monday, June 9, 1997, and adopted a motion to recommend the Assembly waive its right to protest the transfer.
I recommend the Assembly adopt the Human Resources Committee recommendation and waive its right to protest the transfer of ownership for Jovany's Italian Restaurant.
G. Certificate of Public Convenience and Necessity:
1. Alaska Pedicab Tours
Ms. Cadie Buckley, d.b.a. Alaska Pedicab Tours, has applied for a Certificate of Public Convenience & Necessity Permit to operate a pedicab service with three authorized vehicles.
In compliance with the notice requirements under CBJ 20.40, notification was given to certificate holders of Ms. Buckley's application. The holders of certificates may provide written comments or testify before the Assembly regarding support or opposition to the certificate issuance.
The Assembly must determine that the applicant "is fit, willing, and able to perform such public transportation and to conform to the provisions" of the code. In making findings, the Assembly "shall take into consideration the character, experience and responsibility of the applicant, and the public health, safety and welfare."
Prior to issuing the Certificate of Public Convenience & Necessity Permit, the Municipal Clerk ensures the company has complied with all filing and payment requirements of the Finance Department, and ensures the company has in full force and effect an indemnity bond for each vehicle authorized as required by CBJ 20.40.
I recommend that Ms. Buckley, d.b.a. Alaska Pedicab Tours, be granted a Certificate of Public Convenience and Necessity Permit
VIII. ORDINANCES FOR PUBLIC HEARING:
1. Ordinance No. 96-17 (BP)
An Ordinance Appropriating to the Manager the Sum of $47,500 to Purchase a Journal Database Subscription. Such Funds Provided by the Alaska Department of Education ($40,000), the University of Alaska Southeast ($4,750), and the Alyeska Central School ($2,750). Presented by the Manager.
Administrative or Staff Report
This ordinance will appropriate funds from the State of Alaska, DOE grant and other receipts from consortium parties to purchase a database for a second year.
The Public Library, as part of the Capital City Libraries Consortium, is purchasing a one year subscription to Information Access Company journal database. The City has been awarded a grant for $40,000 from Alaska DOE, Alaska State Library. The total cost of the database is $55,000. The University of Alaska Southeast, Egan Library will contribute $4,750 and the Alyeska Central School (correspondence study) will contribute $2,750. The remaining balance will come from the Juneau Public Libraries and the J-D High School FY97 operating budgets, $4,750 and $2,750 respectively. Public Libraries share of future costs, if this database is continued, will be covered by the non-renewal of similar paper copy and microfiche subscriptions. Future subscriptions to the database by the consortium will be dependent on the continuation of state grant funds.
I recommend that this ordinance be adopted.
Public Hearing
Assembly Action
IX. UNFINISHED BUSINESS:
1. Ordinance No. 97-22am
An Ordinance Amending the Land Management Plan and Authorizing the Manager to Sell by Competitive Sealed Bid Certain City and Borough Land in the Vicinity of Windfall Avenue Near Auke Lake and Setting Forth the Minimum Price and Other Conditions of the Sale. Presented by the Manager.
Administrative or Staff Report
This ordinance amends the Land Management Plan disposal schedule from 2000 to 1997 for a 170-acre parcel near Windfall Avenue on the Back Loop Road near Auke Lake. The plan states that the timetable for disposal of this parcel could be moved up when sewer is extended into the area: sewer work is currently underway. The ordinance also directs the manager to subdivide the property and sell by competitive bid an 11-acre parcel immediately east of Lake Creek. A minimum of a 200 ft. greenbelt would be retained along Lake Creek and all Class A wetlands would be retained. The precise boundaries of the subdivision of the parcel will be subject to approval by the Planning Commission.
The Ordinance in your packet has been amended to delete the 67-acre parcel, as directed by the Assembly on June 2, 1997. The amendments are indicated in the usual legislative notation.
I recommend that this ordinance be amended as indicated, and adopted.
Public Hearing
Assembly Action
X. NEW BUSINESS:
XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:
A. Manager's Report - Action Item:
1. Tentative Agreement MEBA Negotiations
The Assembly will recess into executive session to hear a status report on the tentative agreement with MEBA, as the agreement has not yet been ratified by the Union.
B. Manager's Report - Information Items:
1. Status Report: Quorum Contract Negotiations
The City & Borough Attorney will present a status report at tonight's meeting, on the progress of the Quorum contract negotiations.
2. Status Report: Impact of Cruise Ships on Transit Ridership
Your packet includes a memo from John Kern, Capital Transit Manager, regarding the impact of cruise ships on transit ridership.
C. Attorney's Report:
XII. MAYOR'S REPORT ON NON-AGENDA ITEMS
A. Revised Pending Items
B. Unappropriated Governmental Fund Balance
C. Assembly Contingency Fund Balance
XIII. COMMITTEE REPORTS ON NON-AGENDA ITEMS
A. Committee Reports:
1. Committee of the Whole
2. Finance Committee
3. Committee on Committees
a) Juneau Youth Commission
4. Human Resources Committee
5 . Lands and Resources Committee
6. Public Works and Facilities Committee
7. Assembly Strategic Policy Committee
B. Board Liaison Reports
XIV. ASSEMBLY COMMENTS AND QUESTIONS
XV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not
to exceed 5 minutes per person or 20 minutes total, whichever is less).
XVI. ADJOURNMENT
NOTE: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audio tape 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.
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