ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, April 24, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-10

Submitted by: _____________________________
Rod Swope
City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition

IV. APPROVAL OF MINUTES

A. March 29, 2006 – Special Meeting 2006-06
B. April 3, 2006 – Regular Meeting 2006-07
C. April 10, 2006 – Special Meeting 2006-08
D. April 12, 2006 – Special Meeting 2006-09

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 2006-13

TXT2006-00002 Staff Report

TXT2006-00002 Notice of Decision


An Ordinance Relating To The Land Use Code Requirement For A Side Yard Setback In Industrial Zoning Districts.

This ordinance would eliminate the requirement for a side yard setback in the Industrial Zoning District. The intent is to allow more efficient utilization of scarce industrially-zoned land, while providing developers and property owners with greater flexibility in project design and site layout.

The Notice of Decision and staff report describing this change to the Table of Dimensional Standards, 49.25.400, is included in your packet.

The Planning Commission recommended approval at its February 28, 2006 meeting. The Lands Committee recommended approval at its March 20, 2006 meeting

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

b. Ordinance 2006-14
An Ordinance Relating To The Land Use Code Parking And Loading Requirements.

TXT2006-00001 Staff Report

TXT2006-00001 Notice of Decision

This ordinance would make amendments to the Land Use Code with the intent of bringing parking requirements into line with observed parking generation rates at local developments, to close loopholes in existing standards, and to clarify sections of code that are unclear or otherwise problematic to enforce.

The Notice of Decision, staff report, and attachments describe amendments to the parking requirements at 49.40.210(a), the parking and circulation standards at 49.40.230(b) and (d), and related additions to the definitions at 49.80.120.

The Planning Commission recommended approval at its March 28, 2006 meeting. The Lands Committee recommended approval at its March 20, 2006 meeting.

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

c. Ordinance 2006-16
A Non-Code Ordinance Regarding Terms of Office for the Board of Equalization.

The Assembly adopted Ordinance 2005-51(c)(am), establishing a new board of equalization process. To date, there has been little response to solicitations for board membership. This non-code ordinance would allow the Assembly, as a transitional measure, to make temporary appointments to the board, exempt from the regular three-year terms.

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

 

d. Ordinance 2005-11(AP)
An Ordinance Appropriating To The Manager The Sum Of $5,200,000 As Partial Funding For Phase Two Of The Bartlett Regional Hospital Project 2005 Capital Improvement Project, Funding Provided By Bartlett Regional Hospital’s Retained Earnings.

2005-11(AP) Economic Impact Note

The Bartlett 2005 capital improvement project is set to move into Phase Two of construction. However, it is estimated that funding for this phase of the project is short $5.2 million dollars.

At its February 28, 2006 meeting, the Bartlett Regional Hospital (BRH) Board of Directors approved the transfer of the necessary funds from the Future Facility Fund to the project.

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

e. Ordinance 2005-11(AQ)
An Ordinance Appropriating To The Manager The Sum Of $100,000 As Partial Funding To Initiate A Planning Study For A Second Road Access Into The Lemon Creek Commercial Center, Funding Provided By The Lands Fund Fund Balance.

2005-11(AQ) Economic Impact Note

2006-04-18 Healy Memorandum

This ordinance would appropriate $100,000 from the CBJ Lands Fund to fund a planning study for alternative access into Lemon Creek, one of Juneau’s major commercial/industrial centers. This study will evaluate future developments and traffic requirements within the upper Lemon Creek area and recommend a construction strategy that best serves the mid- and long-term needs for efficient transportation into this area.

The Public Works and Facilities Committee recommended approval of this ordinance at its February 6, 2006 meeting.

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

f. Ordinance 2005-11(AR)
An Ordinance Appropriating To The Manager The Sum Of $52,389 As Partial Funding For Three Juneau International Airport Capital Improvement Projects, Funding Provided By The Federal Aviation Administration.

2005-11(AR) Economic Impact Note

This ordinance would appropriate $52,389 in grant funds to allow three Federal Aviation Administration Airport Improvement Plan projects to be closed out.

$11,442 for the Terminal Security Enhancements project,
$36,857 for the Parallel Taxiway Reconstruction project, and
$4,090 for the Acquire Airside Vehicles & Equipment project.
The Alaska Department of Transportation and Public Facilities and Passenger Facility Charges provided the required matching funds.

The Airport Board approved these appropriations at its April 12, 2006 meeting.

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

g. Ordinance 2005-11(AS)
An Ordinance Appropriating To The Lands Fund The Sum Of $1,225,000 As Funding For Utility Services In The South Lena Subdivision, Funding Provided By Land Sale Revenues.

2005-11(AS) Economic Impact Note

2006-18-04 Johnson Memorandum

This ordinance would appropriate $1,225,000 needed to complete the South Lena Subdivision project in preparation for a land sale planned for this summer. The ordinance addresses three funding components of the project: $900,000 for electrical and communication utilities to serve the entire subdivision; $75,000 for water utilities to serve lots located along the lower, Point Lena Loop Road; and $250,000 to pay for the acquisition of the 2.18-acre inholding owned by the Alaska Mental Health Trust Authority. The property purchased from the Trust will be incorporated into the CBJ’s subdivision lots.

The CBJ’s subdivision has undergone extensive public review before the Planning Commission, Lands Committee, and Assembly. The Lands Committee approved this appropriation ordinance, in concept, at its meeting of March 20, 2006 and asked that it be sent to the Assembly once cost estimates had been developed.

Additional background information is provided in your packets.

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

h. Ordinance 2005-11(AU)
An Ordinance Transferring To The Manager The Sum Of $1,225,000 As Funding For Utility Services And Land Acquisition To Complete The South Lena Subdivision, Funding Provided By The Fund Balance of The Lands Fund.

2005-11(AU) Economic Impact Note

This ordinance is a companion ordinance to Ordinance 2005-11(AS) and would transfer $1,225,000 from the Lands Fund to a new Capital Improvement Project to fund utility services and land acquisition to complete the South Lena Subdivision. Background information is provided in your packets with Ordinance 2005-11(AS).

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

2. Resolutions

a. Resolution 2350
A Resolution Authorizing The Manager To Convey A Driveway And Utility Easement Across A Fraction Of Lots 2 & 3, U.S. Survey 3816, To Serve Lot C, U.S. Survey 2492, On The Tip Of Mendenhall Peninsula.

2350 - Exhibits A and B

This resolution would authorize the Manager to convey a driveway/utility easement to a homeowner that desires driveway access to landlocked property on the tip of the Mendenhall Peninsula. At the present time, boat access or walking the beach at low tide is the only means of access.

Comments on the proposed easement were solicited from Public Works, Engineering, Parks and Recreation, Community Development, and the Fire Departments. There were no objections to the issuance of the easement. Conditions of approval of the easement are listed in the Resolution.

The Planning Commission recommended approval at its March 14, 2006 meeting and the Assembly Lands Committee recommended approval at its March 20, 2006, meeting.

I recommend that this resolution be adopted.

b. Resolution 2351
A Resolution Confirming The Final Principal Amounts And Interest Rates Of The General Obligation School Bonds, 2006A, Authorized By Ordinance Serial No. 2006-04
.

This resolution will confirm the final principal amounts and interest rates for the general obligation mini-bonds sold directly to local residents on April 8, 2006.

This bond offering is part of the $54 million in general obligation bonds approved by the voters on October 5, 2004, for the new valley high school. CBJ offered a total of $2 million in general obligation school bonds in increments of $1,000 with maturities from 1 to 15 years. Staff took orders for $1,940,000 in bonds or 97% of the total offering. The final interest rates ranged from 3.85% for one-year maturity bonds to 4.65% for 15-year maturity bonds.

I recommend that this resolution be adopted.

c. Resolution 2352
A Resolution Authorizing The Manager To Negotiate The Sale At Fair Market Value Of Approximately Twenty Acres Of Land In The Lemon Creek Area To Alaskan Brewing Company.

2352 Exhibits A and B

This resolution would authorize the Manager to negotiate the disposal of approximately 20 acres of land in the Lemon Creek area to Alaskan Brewing Co., for its relocation and expansion. The Assembly Lands Committee recommended this resolution at its March 20, 2006 meeting.

I recommend that this resolution be adopted.

3. Transfers

a. Transfer T-830 – Transferring $79,930 in 2003B General Obligation Bond Funds From The 3rd Street Douglas Utilities Capital Improvement Project To The North Tee Harbor Water Extension Capital Improvement Project.

T-830 Impact of Budget Action

This request would authorize the transfer of $79,930 in 2003B General Obligation Bond funds from the 3rd Street Douglas Utilities capital improvement project to the North Tee Harbor Water Extension capital improvement project.

The 3rd Street Douglas Utilities Project has been completed and the remaining funds are available for transfer. With the transfer of the $79,930 to the North Tee Harbor Water Extension CIP both remaining sections of the project (Randall Road and Cohen Drive) can be completed.

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

I recommend this transfer be approved.

b. Transfer T-831 – Transferring $1,500 In Areawide Street Sales Tax From The Lakewood Subdivision Reconstruction Capital Improvement Project To A New Project, Mendenhall River Gauging Station.

T-831 Impact of Budget Action

The CBJ has entered into a cooperative agreement with the U.S. Geological Survey (USGS) to operate a streamflow gauging station on the Mendenhall River. The annual cost to operate the station is $23,000. The cooperative agreement splits the costs equally between USGS and CBJ. The USGS has secured a $10,000 grant in the name of the Mendenhall Watershed Partnership to contribute towards the CBJ’s $11,500 match requirement. This transfer would provide the balance of the match requirement. CBJ has advised the USGS that we will not recommend any future CBJ appropriations for this effort.

CBJ participation in this cooperative agreement will allow for one more year of Mendenhall River monitoring.

The Public Works and Facilities Committee recommended this transfer be forwarded to the Assembly at its March 20, 2006 meeting.

I recommend this transfer be approved.

4. Bid Awards

a. N06-125 – Term Contract For Residential Junk Vehicle Collection, Storage, and Disposal Events.

Bids were opened on the subject project on March 31, 2006. The bid protest period expires at 4:30 p.m. on April 14, 2006. Bid results are as follows:

This term contract (from date of award through 6/30/07, with three annual renewal periods through 6/30/10) calls for a qualified Contractor to provide junk vehicle/trailer disposal events to the residents of CBJ. This service will provide an affordable, one-stop disposal option for non-commercial junk vehicles/trailers. Licensed vehicles accepted at these events include: Non-commercial passenger vehicles, pickups and vans under 10,000 pounds, motor homes, travel trailers, motorcycles, and trailers as defined AS 28.10.421(b)(6).

CBJ anticipates one or two storage and disposal events per contract period, and guarantees a minimum of one storage and disposal event per contract period.

CBJ anticipates between 450 and 900 vehicles/trailers per contract period, but does not guarantee any minimum or maximum amount.

I recommend this bid be awarded, in the amount of $177,775.00, to Channel Construction.

VIII. PUBLIC HEARING

A. Ordinance 2006-09
An Ordinance Authorizing The Port Director To Negotiate And Execute A Tidelands Lease Within Lot 9B, Block 83, Alaska Tidelands Survey No. 3, For Construction Of A Private Seawalk Or Retail Commercial Building.

2006-09 Exhibit A

This ordinance would authorize the Port Director to negotiate and execute a lease with the Tripp Corporation for approximately 145 square feet of CBJ tidelands within Alaska Tidelands Survey No. 3, as shown on Exhibit “A” to the ordinance. The Tripp Corporation is the owner of Lot 11, immediately adjacent to the leased property. The Tripp Corporation intends to construct a private seawalk on the leased property that will connect to CBJ’s public seawalk. The lessee is required to grant the CBJ any required easements within the leased property for construction of CBJ’s seawalk.

The Docks and Harbors Board reviewed the proposed lease on January 26, 2006, and recommended approval by the Assembly. The Board set the annual lease rent at the rate the Assembly recently approved for the Miner’s Hall lease.

I recommend this ordinance be adopted.

B. Ordinance 2006-10
An Ordinance Amending The Disorderly Conduct Code.

This ordinance, requested by the Police Department, would amend the penalty for one subsection of the disorderly conduct code. Reducing the offense to an infraction will reduce the time and expense associated with prosecuting it.

I recommend this ordinance be adopted.

C. Ordinance 2006-11
An Ordinance Appropriating Money Out Of The Treasury For FY07 City And Borough Operations.

This ordinance would appropriate the City and Borough of Juneau’s FY07 operating budget, excluding the School District. This public hearing fulfills the Charter requirement for holding a public hearing on the FY07 operating budget by May 1, 2006.

I recommend this ordinance be referred to the Assembly Finance Committee.

D. Ordinance 2006-12
An Ordinance Appropriating Money Out Of The Treasury For FY07 School District Operations.

This ordinance would appropriate to the School District an FY07 operating budget of $63,601,600. The School District’s operating budget is.

General Operations $49,121,300
Special Revenue (pupil transportation, food service, etc.) 4,148,200
Other Operations (student activities, debt service, grants, etc.) 10,332,100
Total Budget $63,601,600

The FY07 school budget is supported with a combination of funding sources that include local funding of $21,257,300 for general operations, $123,000 for Community Schools, and $200,000 for youth activities. The $21,257,300 in general operating support will fund the School District to the State Foundation Funding Formula maximum amount (estimated) using a Building Adjusted Average Daily Membership (BAADM) rate of $5,347 (Governor proposed). This amount is greater than the current BAADM rate of $4,919 provided for in State Statute. It is possible the Legislature will approve a funding rate different from the rate assumed by the School District. This will result in a change in the maximum amount of local funding support that can be provided by the CBJ.

State Statute requires the Assembly determine the total amount of local educational funding support to be provided, and then provide notification of the support to the School Board within 30 days of the School District’s budget submission. To meet this timing provision, it will be necessary for the Assembly to determine the amount of funding and provide notice in the month of April. This amount cannot subsequently be reduced, unless the amount exceeds the State funding CAP, but it can be increased. If the Assembly does not set the amount and furnish the School Board with notice within 30 days, the amount requested by the School District is automatically approved. By Charter, the Assembly is required to appropriate the School District’s budget no later than May 31, 2006.

I recommend this ordinance be adopted.

E. Ordinance 2005-11(AE)
An Ordinance Transferring To The Manager The Sum Of $28,000 As Funding For The Norway Point Boat Moorage Float Capital Improvement Project, Funding Provided By Harbor Fund Balance.

2005-11(AE) Economic Impact Note

This ordinance would appropriate $28,000 for the Norway Point Boat Moorage Float capital improvement project, funding provided by Harbor Fund Balance. The funds are from the lease of harbor equipment. With this appropriation, the project can be closed out.

I recommend this ordinance be adopted.

F. Ordinance 2005-11(AG)
An Ordinance Transferring To The Manager The Sum Of $135,500 As Partial Funding For The North Douglas Crossing, Funding Provided By Sales Tax.

2005-11(AG) Economic Impact Note

2006-03-20 Healy Memorandum

Resolution 2330(b)

This ordinance would appropriate $135,500 from unallocated Sales Tax to a new project titled North Douglas Crossing. These monies are requested to initiate a public process to identify a community-preferred crossing alternative.

The Public Works and Facilities Committee recommended approval of this ordinance at its March 20, 2006, meeting.

I recommend this ordinance be adopted.

G. Ordinance 2005-11(AH)
An Ordinance Appropriating To The Manager The Sum Of $171,750 As Partial Funding For The Nancy Street Pond/Wetlands Enhancement, Funding Provided By United States Fish And Wildlife Service And United States Department Of Agriculture.

2005-11(AH) Budget Action Request

This ordinance would appropriate $171,750 for the remaining construction costs of Phase I and design and construction of Phase II of the Nancy Street Pond/Wetlands Enhancement, funding provided by U.S. Fish and Wildlife Service (USFWS) and United States Department of Agriculture, Natural Resources Conservation Service (NRCS).

The Nancy Street Pond Enhancement restores the pond property to a wetland though a joint project funding agreement with CBJ, NRCS, and USFWS. The USFWS and NRCS grants will be used for construction of Phase I (rough grading) of the project and for design and construction of Phase II (final grading and landscaping). NRCS requires a 25% match and USFWS requires a 50% match. The match requirement will be met using the land purchase ($136,481) of the Nancy Street Pond property from Dick Winchell, which was purchased as a waste disposal site for the construction of the New High School/Mendenhall Valley project.

I recommend this ordinance be adopted.

H. Ordinance 2005-11(AI)
An Ordinance Transferring To The Manager The Sum Of $24,000 For The Purchase And Modification Of A Police Emergency Response Vehicle, Funding Provided By The Roaded Service Area Fund Balance, Asset Forfeiture Reserve.

2005-11(AI) Economic Impact Note

This ordinance would appropriate $24,000 from the Asset Forfeiture Reserve to the Fleet Reserve for the acquisition and modification of a 1-Ton 2-wheel drive extended cargo van to be used as an emergency response vehicle. The van will have to be modified to allow for bench seating around the passenger area, construction of under-seat storage for equipment, installation of two-way radios, siren, and low profile interior emergency lighting.

The revenue source for this expenditure is from asset forfeiture and seizure monies the police department has received as a result of major drug investigations. Under state and federal asset seizure statutes, monies resulting from the seizure and disposal of personal assets of individuals in drug trafficking can be equally divided among the various agencies involved in the investigation. The monies seized must be expended in the area of law enforcement/drug enforcement efforts.

I recommend this ordinance be adopted.

I. Ordinance 2005-11(AK)
An Ordinance Appropriating To The Manager The Sum Of $320,000 As Partial Funding For The Construction Of A Heliport As Part Of The Bartlett Regional Hospital Project 2005 Capital Improvement Project, Funding Provided By National Forest Receipts.

2005-11(AK) Economic Impact Note

This ordinance would appropriate $320,000 as partial funding for construction of a helipad as part of the Bartlett Regional Hospital project. The funds will come from restricted federal revenues received under the Secure Rural Schools and Community Self-Determination Act of 2000.

One of the allowed uses is to provide support for search and rescue and other emergency services performed on federal lands. The helipad will allow inured patients to be air medevaced directly to the hospital. The majority of air medevac patients have historically come from the Tongass National Forest and other federal lands. The Law Department has indicated that they believe this use meets the requirements of this program. This use was presented to, and approved by, the Assembly Finance Committee in November, 2002.

At that time, under the requirements of the program, CBJ provided the required public notice and allowed for a 45-day public comment period. No objections were received to using the funds for the BRH heliport project.

As of February, 2006, total construction costs for the helipad are estimated at $1,302,065. The source of additional funds needed has been identified within the existing construction budget.

I recommend this ordinance be adopted.

J. Ordinance 2005-11(AL)
An Ordinance Appropriating To The Manager The Sum Of $170,000 As Funding For A Junked Vehicle Event, Funding Provided By The Waste Management Fund Balance.

2005-11(AL) Economic Impact Note

This appropriation would provide full funding for one junked motor vehicle and travel trailer event, which will accommodate an anticipated 450 to 500 motor vehicles and travel trailers. This event allows Juneau residents to bring their motor vehicles and travel trailers to the collection site and drop them off at no cost.

This is the funding for bid award N06-125 included under the consent agenda.

I recommend this ordinance be adopted.

K. Ordinance 2005-11(AM)
An Ordinance Appropriating To The Manager The Sum Of $50,000 As Funding For The Purchase Of Equipment Identified In The Buffer Zone Protection Plan For The Juneau Cruise Ship Dock, Funding Provided By The Department Of Military And Veterans Affairs.

2005-11(AM) Economic Impact Note

This ordinance would appropriate a $50,000 grant from the Department of Military and Veteran’s Affairs to purchase port security equipment, such as radios, explosives detectors, and a security camera for the Juneau Cruise Ship Dock. These purchases have been identified within the Buffer Zone Protection Plan and Vulnerability Reduction Purchasing Plan, which were prepared for the Juneau Cruise Ship Dock Critical Infrastructure/Key Resources site.

No matching funds are required.

I recommend this ordinance be adopted.

L. Ordinance 2005-11(AN)
An Ordinance Appropriating To The Manager The Sum Of $16,700 As Funding For The Acquisition Of A Total Station Electronic Measuring Device, Funding Provided By The Alaska Department Of Transportation And Public Facilities.

2005-11(AN) Economic Impact Note

This ordinance would appropriate a $16,700 grant from the State of Alaska Department of Transportation and Public Facilities to the Juneau Police Department for the acquisition of a “Total Station” electronic measuring device. This device is used in the investigation of serious motor vehicle accidents. Utilizing this equipment will allow an officer to produce a detailed diagram of an accident scene with accurate representation of roadway curves, grades, banks, and scene evidence. This grant also includes training in the use of this equipment for officers.

I recommend this ordinance be adopted.

M. Ordinance 2005-11(AO)(b)
An Ordinance Appropriating To The Manager The Sum Of $34,000 As Partial Funding For Capital Transit’s Fiscal Year 2006 Operating Budget, Funding Provided By User Fees.

2005-11(AO)(b) Economic Impact Note

In version (b) of this ordinance, the appropriation request is decreased from the amount contained in the ordinance that was introduced at the April 3, 2006, Assembly meeting due to an increase in the operating grant from the Alaska Department of Transportation and Public Facilities. CBJ was only recently notified of the change in this annual grant.

Capital Transit is anticipating a $109,000 shortfall in the current fiscal year operating budget due to increased fuel costs. Fuel costs are expected to exceed the current budget for Capital Transit by $90,000 and Care-A-Van operations are expected to exceed the current budget for fuel by $19,000. In addition to the grant funds from the State, approximately $12,100 of this shortfall will come from savings elsewhere in the budget. A supplemental appropriation of $34,000 will still be necessary to cover expenses for FY06.

I recommend version (b) of this ordinance be adopted.

N. Ordinance 2005-11(AT)
An Ordinance Transferring To The Manager The Sum Of $40,200 As Funding For The Juneau Convention And Visitor Bureau’s Crossing Guard Program, Funding Provided By Marine Passenger Fees.

2005-11(AT) Economic Impact Note

This ordinance would provide partial funding for the seasonal crossing guard program. The program is funded with Marine Passenger Fee funds and helps facilitate safe traffic flow in the downtown area during the summer by encouraging pedestrians to stay on the sidewalks and use the controlled crossing locations.

Responsibility for administration of the program will be transferred from the Docks and Harbors Department to the Juneau Convention and Visitors Bureau. The requested funds will be transferred from the Docks and Harbors Department, allowing the program to operate for the first two months of the summer until the FY07 Marine Passenger Fee funds are available to fund the program for the remainder of the season.

I recommend this ordinance be adopted.

O. Preliminary Capital Improvement Program – Fiscal Years 2007-2012

CIP Backup Document

This is the hearing, as required by the Charter, for Capital Improvement Program. The following is a summary of City and Borough of Juneau Proposed FY07 Capital Projects Summarized by Committee/Department Recommendations. A draft resolution is in your packet.

Manager’s Office $ 14,351,000
Library $75,000
Airport 28,612,000
Building Maintenance 550,000
Eaglecrest Ski Area 250,000
Harbors/Docks 615,000
Engineering 740,000
Police $120,000
Parks and Recreation 690,000
Public Works 7,045,000
Total - General CIP's $53,048,000

I recommend the Capital Improvement Program be referred to the Public Works and Facilities Committee.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

1. Liquor Licenses

A. Status on Pending Protests or Conditions

B. License Transfer

a. Restaurant/Eating Place License #4584
FROM: Café Saigon, Location: 1951 Anka Street
TO: Zephyr LLC, d/b/a Zephyr, Location: 200 Seward Street

C. New License & Restaurant Designation Permit Application

a. Beverage Dispensary Tourism License #4577
Ongard Enterprises, LLC d/b/a Zen and Jaded
Location: 51 Egan Drive (inside the Goldbelt Hotel)

The Police, Fire, Finance and Community Development Departments have forwarded their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on April 24, 2006 regarding these and any pending license protests. Based on the information provided at its meeting, the HRC will forward recommendations to the Assembly for action.

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 liquor licenses as contained in the Human Resources Committee report.

2. Regulation Amending Passenger-for-Hire Fee
3. Regulation Amendment Waterfront Sales Permit Tour Quality

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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