ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, March 13, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-05

Submitted by: _____________________________
Rod Swope
City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Proclamation – Pat Murphy
B. Employee Recognition

IV. APPROVAL OF MINUTES

A. February 13, 2006 – Regular Meeting 2006-03
B. February 15, 2006 – Special Meeting 2006-04
C. February 18, 2006 – Assembly Retreat

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

A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction

B. Assembly Requests for Consent Agenda Changes

C. Assembly Action

1. Ordinances for Introduction

a. Ordinance 2006-06
An Ordinance Creating A Division Of Personnel Within The Administration Department.

This ordinance would return the CBJ Personnel Department to a division level within the Administration Department. Its functions would otherwise remain unchanged. Historically, Personnel was a division, like Libraries, MIS, and Risk Management, and this ordinance returns it to that level. The department only has five employees, including the Director, and closely interacts with all other CBJ departments and enterprise operations; therefore, moving it back under the Administration Department makes sense. The CBJ Charter requires that such actions be taken by ordinance.

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

b. Ordinance 2006-07
An Ordinance Amending The Table Of Permissible Uses To Add Public Works Facilities And Adding A Definition For Public Works Facility To The Land Use Code.

This ordinance would amend the Table of Permissible Uses, CBJ 49.25.300, to add a new land use category, Public Works Facility, and would add a definition of the term Public Works Facility to CBJ 49.80.120.

The new land use category Public Works Facility would require a Conditional Use permit in the RR, D-1, D-3, D-5, LC, and GC zoning districts. Public Works Facilities in the Industrial district would require an Allowable Use permit for major developments, and would be permitted for minor developments.

The proposed definition is:

Public Works Facility means a facility operated by one or more government agencies and used to maintain public works and public facilities. This is an "umbrella" land use designation that includes land uses typical to public facilities maintenance, including but not limited to outdoor or indoor storage of materials and equipment and administrative offices. This use may include the collection of hazardous waste in any zoning district where Public Works Facilities can be permitted, or the storage of hazardous waste in the Industrial zoning district when authorized by a major development permit. This “umbrella” land use does not include any category 4.100-4.220, 11.000, 14.000, or 17.000 uses, or any other category 15.000 uses for which a land use permit is required.

A public hearing on the proposal was held by the Planning Commission at its January 24, 2006, meeting, at which the Commission recommended approval. The Lands Committee will review this ordinance at its March 20, 2006, meeting.

I recommend that this ordinance be introduced, referred to the Assembly Lands Committee for review, and set for public hearing at a subsequent regular Assembly meeting.

c. Ordinance 2006-08
An Ordinance Relating To Terms Of Office Of Planning Commission Members.

This ordinance would change the expiration date for membership on the Planning Commission, from November 1 to December 31. The purpose of this change is twofold:

The full Assembly, sitting as the Human Resources Committee (HRC), interviews applicants for the Planning Commission and the Bartlett Regional Hospital Board at the same time. The term for a Hospital Board member begins January 1 and the term for a Planning Commissioner begins November 2 or as soon as a new member is appointed. In the past few years, the HRC meetings have been held between the expiration dates of the two bodies. This has more of an effect on the Planning Commission than it does on the Hospital Board as it causes the Planning Commission seat to remain vacant after the November 1 date or, if they are willing, for outgoing Planning Commissioners to continue to serve until an appointment is made.

In addition, the Planning Commission members are required to complete Alaska Public Offices Commission Public Official Financial Disclosure (APOC-POFD) Forms within 30 days of their appointment as well as submitting an annual report at the beginning of each year. By changing the expiration date to December 31, the Planning Commission members would only have to submit one POFD form for the previous calendar year instead of two forms within a two- to four-month period.

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

d. Ordinance 2005-11(AD) 
An Ordinance Appropriating To The Manager The Sum Of $3,900 As Funding For The Purchase Of Artworks For The Juneau-Douglas City Museum, Funding Provided By Museums Alaska, Incorporated.

Economic Impact Note

This ordinance would appropriate a $3,900 grant from Museums Alaska, Inc. Art Acquisition Initiative Program, to purchase artworks for the Juneau-Douglas City Museum’s permanent collection.

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

e. Ordinance 2005-11(AF)
An Ordinance Transferring To The Manager The Sum Of $500,000 As Funding For The Replacement Of The City And Borough Of Juneau’s Core Financial System, Funding Provided By The General Fund.

Economic Impact Note

This ordinance would transfer the $500,000 approved in the FY06 general operating budget for the acquisition of a new financial system to a capital improvement project (CIP) budget. The development of a system will extend well beyond the FY06 operating year and possibly beyond the FY07 year. Placing the funding in a CIP budget will maintain the funding for the full term of the project and allow for better cost control.

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

f. Ordinance 2005-12(B)
An Ordinance Appropriating To The School District The Sum Of $285,900 As Partial Funding For District’s General Operations And De-appropriating $9,900 For District Food Service, Funding Provided By The School District General Fund And User Fees.

Economic Impact Note

Memorandum

This ordinance would make the following FY06 School District budget changes:

General Operations, includes local support change noted below* $285,900
Pupil Transportation, includes local support change noted below* $15,100
Food Service, reduction ($25,000)
Total Budget Changes $276,000

Funding for the changes is provided from the following –

Fund Balance Usage $392,600
Vocation Fund Usage - House Building Project $123,200
State Foundation Funding Reduction ($267,700)
User Fees, Medicaid $27,900
Source for Changes $276,000

*The ordinance also transfers $61,600 in local funding support from the District’s general operations to the Pupil Transportation program.

These adjustments were requested by the School District Board during the February 15, 2006, Special Assembly meeting. The reduction in State Foundation funding and local funding support for District general operations is due to student enrollment falling short of projections. The Manager is recommending the reduction in local support for general operations be redirected to other School District operating needs. The District has indicated that if the Assembly wishes to transfer the funds, rather than just de-appropriating them, that the funds be placed in the Pupil Transportation Program. In the packet is additional information from David Means, the School District’s Director of Administrative Services.

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

2. Resolutions

a. Resolution 2348
A Resolution Expressing Assembly Support For State Legislation Which Would Add Certain Islands In Lynn Canal To The Alaska Marine Park System.

Backup

This resolution would express Assembly support for two current bills in the legislature, which include the addition of several islands in Lynn Canal to the Alaska Marine Park system. Marine Park status would protect the islands in their natural state and require that they be kept open for recreational uses including hunting, fishing, camping, hiking, etc.

I recommend that this resolution be adopted.

3. Transfers

a. Transfer T-829 – Transferring $40,000 In Street Sales Tax From The Seward Street Reconstruction Capital Improvement Project To Juneau Bridge Repair, A New Capital Improvement Project.

Backup

The CBJ was successful in securing a federal earmark for bridge repair funds. As a condition, a 20% local match is required by the Alaska Department of Transportation. To initiate the design portion of this project, the Engineering Department recommends a match amount of $40,000.

The Public Works and Facilities Committee recommended this transfer be approved at its March 6, 2006 meeting.

I recommend this transfer be approved.

 

4. Bid Awards

a. Contract No. DH05-003 – Docks and Harbors
Harris Harbor, Change Order - $135,000

This is Change Order No. 3 for this project. The project consists of demolishing the entire harbor and reconstructing the harbor in a new configuration. The project is funded by a state grant and 2002 city general obligation bonds.

Previously the Assembly awarded the base bid and additive alternates A, B, and C in the amount of $5,146,816.

Change Order No. 1 - The Assembly previously approved Change Order No. 1 in the amount of $1,011,475. This change order amount primarily consisted of awarding the competitively bid Additive Alternate D - $899,875, a commercial fisheries loading bulkhead. The balance was for enlarging the bulkhead - $99,000 and some miscellaneous extra repair work - $12,500.

Change Order No. 2 - The Assembly did not previously approve Change Order No. 2, in the amount of $51, 573, since it was under $100,000. This change order was for 24 spare electrical pedestals and for upgrading all pedestals from aluminum to stainless steel.

Change Order No.3 - This change order, in the amount of $135,000 is for extra work items performed by the contractor and for additional materials (for example, pavers were installed in the uplands, an extra Coast Guard-approved waste oil containment tank was purchased, etc).

I recommend this change order be approved.

b. Contract No. RFP E02-228 – Docks and Harbors
Professional Services Contract Amendment - Auke Bay Commercial Loading Facility

Summary To Date

This amendment, if approved, would be issued to the firm of PND, Inc. in the amount of $270,000 for engineering design phase services. The Docks and Harbors Department is requesting Assembly approval of this contract amendment.

The original amount of this contract was $33,990. There have been six amendments to the original contract bringing the current amount of the contract to $317,445.

The RFP listed contract services to include: investigating alternate site locations, performing preliminary engineering and permitting tasks for various sites, assist with site selection, providing engineering design and construction bid documents, and providing inspection and engineering services during construction. Docks and Harbors took over the administration of this RFP contract from the Engineering Department on November 1, 2003.

PND, Inc. has completed the planning and preliminary engineering tasks. The Docks and Harbors Board has selected and purchased a site. The next item to accomplish is to design the project. The Docks and Harbors Board approved this contract amendment at its February 23, 2006 meeting. Since the design contract amendment exceeds $100,000, Assembly approval is required per CBJ 85.02.060(7)(C).

I recommend approval conditioned upon approval of the Planning Commission and Assembly approving the rezone request.

VIII. PUBLIC HEARING

A. Ordinance 2006-01(b)
An Ordinance Changing The Dates For Filing And Withdrawing Candidate Nominating Petitions, And Making Miscellaneous Changes To The Elections Procedure Code.

This ordinance provides a general update of the election code. The CBJ election official regularly reviews and updates the code to keep up to date with modern election practices.

Most of the editorial changes in the proposed code re-write are of a housekeeping nature. Of specific interest to Assemblymembers and candidates is a proposed change to the dates for opening and closing the filing period for candidacy, and for the final day for withdrawal from the ballot to occur 10 days earlier. The current time window between approving the ballot for printing and the time the ballots are required to be available to begin absentee voting is very narrow. This change will allow a more reasonable time for the printing of the ballot. Also, by moving the candidate filing period earlier, there will be two weekends within the filing period, which will allow candidates additional time away from a weekly work schedule to gather signatures.

Substitute Ordinance 2006-01(b), enclosed in the packet, includes additional minor changes as follows:

Page 1; Line 21 (italics added)
Page 5; Line 7-8 – adds the words “qualification for the office”
Page 8; Line 15 – changes the word “district” to “race”
Page 10; Line 17-18 – changes the wording “printed on colored paper” to “printed in a manner clearly distinguishable from the official ballot”
Page 15; Line 13-16 – deletes redundant wording regarding questioned voters
Page 16; Line 3 – adds the words “to sign”

I recommend this ordinance be adopted.

B. Ordinance 2006-03
An Ordinance Authorizing The Sale Of City And Borough Land Located At Lena Point And Establishing The Terms And Conditions Related To The Sale.

Ordinance 2006-03 would authorize the sale of 44 lots at CBJ’s South Lena Subdivision, establish the method of sale to be by sealed competitive bid, and set the general terms and conditions. The ordinance would also authorize the sale, by sealed competitive bid, of Lot B, RCA/Lena Point Subdivision, a remnant lot that was created when the CBJ acquired property for construction of the NOAA access road.

A sealed competitive bid sale is advantageous because the bidding process ensures the CBJ receives fairmarket value for its property. It allows the market, through the bidders’ actions, to note and account for distinctions between one parcel and the next. It is particularly useful in times when the market is undergoing changes, as has been the case in Juneau for several years. Additionally, it allows the most motivated buyers to increase their chances of being awarded a parcel by increasing their bid.

The public is familiar with the sealed competitive bid process as it is a common method of land sale, used by the Alaska Department of Natural Resources, the Alaska Mental Health Trust Authority, and the University of Alaska. Some private developers, including the one selling nearby Lena Point Height Subdivision lots, also use a competitive bid process.

The land sale is subject to the CBJ receiving final plat approval from the Planning Commission, Assembly approval to fund and construct remaining utilities, and completion of the negotiations with the Alaska Mental Health Trust Authority for acquisition of a portion of its property that lies within the subdivision.

The Assembly Lands Committee reviewed and recommended approval of the concept of the competitive bid sale for South Lena Subdivision at its meeting January 23, 2006 and for Lot B, RCA/Lena Point Subdivision at its meeting February 6, 2006.

I recommend this ordinance be adopted.

C. Ordinance 2006-05
An Ordinance Amending Competitive Bid Procedures For Certain Public Improvement Projects.

In October 2005, Juneau voters approved an amendment to Section 9.11 of the CBJ Charter as follows:

(b) Contracts for public improvements and, whenever practicable, other purchases of supplies, materials, equipment, and services, shall be by competitive bid and awarded to the lowest qualified bidder. This subsection (b) shall not apply to purchases of:

(6) Public improvements which, upon a written finding by the Manager that it would be in the best interests of the City and Borough based on cost, timing, and other relevant criteria, may be procured by supplemental agreements amending existing capital improvement contracts. The maximum dollar amount, the criteria utilized, and the methodology shall be set by ordinance. (Italics show the language from the Charter amendment.)

This ordinance prescribes the maximum dollar amount, the criteria utilized, and the methodology for supplemental agreements. This ordinance allows the City Manager to approve supplemental agreements for up to $500,000 per contract. This ordinance does not limit the dollar amount of supplemental agreements that the CBJ Assembly may approve. The City Manager may approve supplemental agreements upon a written public interest finding that the CBJ would save substantial and verifiable monies with a supplemental agreement. The City Manager may identify approval of lesser dollar amounts than $500,000 to subordinate staff through written policy.

The ordinance requires the City Manager to notify the CBJ Assembly, at its next regularly scheduled meeting, of any supplemental agreement approved. This provision will keep the CBJ Assembly informed of all supplemental agreements approved by the CBJ. Another check and balance on the use of supplemental agreements, particularly larger ones, is that extra monies will typically, but not always, have to be appropriated by a transfer or ordinance subject to approval by the Assembly.

This ordinance will allow the CBJ flexibility and cost/schedule savings in constructing public improvement contracts. However, the use of supplemental agreements will be the exception, not the rule, and only when “substantial and verifiable” cost savings are demonstrated in a written public interest finding. Competitive bidding has been the CBJ's rule for procuring construction services, and will remain so.

I recommend this ordinance be adopted.

D. Ordinance 2005-11(AB)
An Ordinance Appropriating To The Manager The Sum Of $30,000 As Funding For The Cruise Ship Terminal Visitor Center Remodel, Funding Provided By The Dock Fund.

This ordinance appropriates $30,000 in Dock Funds to the Franklin Dock/Information Office capital improvement project.

The U.S. Customs Office recently requested that the Harbors Department enlarge their office space at the Cruise Ship Dock Visitor Center / Customs Office. Customs regulations require that they interview (including photograph and fingerprint) every alien (mostly ship crewmembers) entering the U.S. for the first time each cruise season. The existing space is inadequate for their staff and equipment to serve the large number of people to be processed.

Staff worked with the Customs officials and the Juneau Convention and Visitor’s Bureau to determine what physical changes were needed in the building to enlarge the Customs space. A new wall will be constructed to separate the two users. A new outside access door and an observation window in the back of the building facing the dock will be installed. Interior features will be needed (passage door, new Visitor Center counter, wall benches, etc.) and lighting and heating will need to be modified. When completed, the Customs Office will have approximately 400 additional square feet.

The Public Works and Facilities committee reviewed this ordinance at its meeting of February 6, 2006.

I recommend this ordinance be adopted.

E.Ordinance 2005-11(AC)
An Ordinance Appropriating To The Manager The Sum Of $835,000 As Funding For The Purchase of Two Fire Engines, Funding Provided By General Fund.

This ordinance de-appropriates $837,712 in lease financing and appropriates $835,000 in direct funding for the purchase of two Capital City Fire Rescue fire trucks. In FY05, the Assembly approved lease financing (Ordinance 2004-14(AJ)) for the acquisition of two fire trucks. While we received the funding authorization to purchase the trucks in FY05, we did not receive the vehicles until this past week. On August 29, 2005, the Assembly Finance Committee recommended using FY06 budget surplus (generated from the unanticipated State’s FY06 PERS funding) to purchase a portion of the planned new computer upgrades and the two fire trucks.

We estimate that we will save approximately $230,000 in interest payments by paying for the new fire trucks rather than acquiring them through a lease purchase agreement

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses

1. Henry's Food & Spirits #3695, Location: 9109 Mendenhall Rd #4B
2. JD Entertainment Inc. d/b/a The Island Pub #728, 1102 2nd Street, Douglas
3. Peterson Pacific Holding Inc. d/b/a Louie’s Douglas Inn #673, 915 3rd Street, Douglas
4. Sea Dawgs Inc. d/b/a Docwaters #4370, #2 Marine Way, Suite 125
5. Senate Partnership Inc. d/b/a The Penthouse #4349, 434 3rd Street, Juneau

Brewery License
6. Alaskan Brewing LLC, d/b/a Alaska Brewing Co. #2534, 5429 Shaune Drive

Club Licenses
7. Fraternal Order of the Eagles #4200, License #3313, 2055 Jordan Avenue #1

Package Store Licenses
8. Fred Meyer Stores Inc. d/b/a Fred Meyer #158, License #2066, 8181 Glacier Hwy
9. Mark’n Pak Inc. d/b/a Budget Liquor #1578, 8363 Old Dairy Road
10. No Creek Jack d/b/a Duck Creek Market #2976, 9951 Stephen Richards Drive
11. Oaken Keg Spirit Shops Inc. d/b/a Oaken Keg Spirit Shops#1820, License #3507, 3011 Vintage Blvd.
12. Thibodeau’s Market Inc. d/b/a Home Liquor #521, 465 W Willoughby Avenue
13. Thibodeau’s Market Inc. d/b/a Kenny's Liquor Market #661, 619 Willoughby Avenue
14. Thibodeau’s Market Inc. d/b/a Liquor Barrel #1129, 5234 Glacier Hwy.
15. Thibodeau’s Market Inc. d/b/a Thibodeau’s Valley Liquor #4422, 9106 Mendenhall Mall Road

Restaurant/Eating Place Public Convenience License
16. Clay Kent & Cisco Ramos d/b/a Douglas Café #3643, 916 3rd Street, Douglas

Restaurant/Eating Place Licenses
17. Fernando’s #3673, 116 N. Franklin Street
18. Olivia’s De Mexico #848, 222 Seward Street
19. Rodfather’s, LLC d/b/a The Broiler #851, Nugget Mall
20. Seong S. Kim d/b/a Seong's Sushi Bar & Chinese Takeout #4192, 740 W 9th St.

Transfer of Beverage Dispensary License
21. Transfer of license FROM: Alaska Bowl Inc. d/b/a Channel Bowl
TO: Fervid Enterprises LLC (no premises yet)

The following licenses are being proposed for protest and/or conditions imposed:

22. Imperial Bar #550, 241 Front Street
23. Karma Café Inc. d/b/a Fiddlehead Restaurant & Bakery #3983, 429 Willoughby Ave.
24. Taku Glacier Flightseeing/Salmon Bake #1416, Taku River
25. Nikolaos Manalakakis d/b/a Pizza Verona #2812, 256 S. Franklin

The Police, Fire, Finance and Community Development Departments have reviewed these renewals and will forward their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on March 13, 2006. Based on the information provided at its meeting, the HRC will forward recommendations to the Assembly to protest or waive the right to protest the renewal of the above license.

In the event of a protest recommendation, the code provides for the following informal appeal process before the Assembly:
CBJ Code 20.25.025(c):
(c) If the assembly or committee or a subcommittee thereof recommends protest of the issuance, renewal, transfer, relocation, or continued operation of a license it shall state the basis of the protest and the applicant shall be afforded notice and an opportunity to be heard at an abbreviated informal hearing before the assembly to defend the application. For the purposes of this subsection, notice shall be sufficient if sent at least ten days prior to the hearing by certified first class mail to the address last provided by the applicant to the municipal sales tax examiner. At the conclusion of the hearing, the assembly decision to protest the application shall stand unless the majority of the assembly votes to withdraw the protest.

I recommend the Assembly adopt the Human Resources Committee's recommendations for Assembly action on the above license.

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

XVI. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Municipal Libraries and online at www.juneau.org.

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: city_clerk@ci.juneau.ak.us.

Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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