ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, July 31, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-21

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. July 10, 2006 – Regular Meeting 2006-19

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 2006-29      
An Ordinance Amending The Official Zoning Map To Change The Zoning Of Lots 2, 3, And Proposed Lot 4, Refuge View Subdivision, Comprising Approximately 9.3 Acres, From Industrial To D-1 Residential.

The Planning Commission recommended approval of this rezone at its April 25, 2006 regular meeting. Lots 2 and 3 and prospective lot 4 are unsuitable, or at best only marginally suitable, for Industrial-type development. The buildable area of these lots is small, located between the toe of the hill below Engineers Cutoff on one side, and wetlands and a channel of Casa del Sol Creek on the other side. Industrial occupation of these lots, which is presumed to be more intensive than Residential use, poses difficulties due to wetlands, anadromous waters, topography, limited area available for building sites and access. While residential access is possible with road-level parking decks on Engineers Cutoff, access and physical occupation of the property for industrial activities is impractical and undesirable. At the time that lots 2 and 3 were created, the applicant demonstrated practical access to Lots 2 and 3 for Residential use. Proposed lot 4 currently has driveway access, though it may require improvement in grade before development of the property is permitted. Development of the property must comply with the habitat requirements of the city code including streamside setbacks, avoidance, minimization and/or mitigation of impacts to wetlands and setbacks from anadromous waters, making Residential use more practical and feasible than Industrial use.

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

b. Ordinance 2006-11(B)
An Ordinance Appropriating To The Manager The Sum Of $10,000 As Funding For The Mendenhall River Gaging Project, Funding Provided By A Grant From The Mendenhall Watershed Partnership.

This $10,000 grant provides the balance of the CBJ’s $11,500 matching requirement for the Mendenhall River Gaging Station. The remainder of the match requirement was approved by the Assembly at the April 24, 2006 meeting.

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

c. Ordinance 2006-11(C)
An Ordinance Appropriating To The Manager The Sum Of $16,000 As Funding For Fish Creek And Montana Creek Access Improvements, Funding Provided By The Alaska Department Of Fish And Game.

This ordinance will appropriate $16,000 as part of a cooperative agreement with the Alaska Department of Fish and Game to improve public recreational sport fishing access at Fish Creek and Montana Creek by making improvements to existing angler access trails. The trail work at both locations will be performed by Trail Mix, Inc. The CBJ has an existing agreement with Trail Mix to improve trails; ADF&G does not. ADF&G has agreed to provide all funds and resources.

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

d. Ordinance 2006-11(E)
An Ordinance Appropriating To The Manager The Sum Of $30,000 As Partial Funding For Improvements To The Valley Branch Of The City And Borough Of Juneau Library, Funding Provided By The Library Endowment Fund.

This request authorizes the transfer and appropriation of $30,000 from the Library Endowment Fund to the CIP for Library Improvements. This is a new CIP intended to improve existing and new leased space in the Mendenhall Valley Library.

These funds will supplement CIP funds for the purchase of replacement shelving for the Mendenhall Valley Library.

The Library Endowment Fund Board approved the expenditure of these funds for this purpose by resolution [2006-01] at its July 20, 2006 meeting.

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

e. Ordinance 2006-11(F)
An Ordinance Appropriating To The Manager The Sum Of $5,300,000 As Partial Funding For The Bartlett Regional Hospital 2005 Remodel Project. Such Funds Provided By Bartlett Regional Hospital Operations Fund.

Bids were opened for the Bartlett Regional Hospital 2005 Renovation Project on July 19, 2006. The one bid received was $20,444,375 from Coogan Construction. This price reflects award of all four additive alternates. The Architect’s estimate for this work was $14,343,855. Thus, the one bid exceeded the estimate by approximately $6.1 million. Additional monies are needed to award this project.

The Hospital Board met on July 25, 2006 and recommended award for the base bid and all additive alternates. The $5,300,000 identified in this ordinance will be required for award of the project.

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

2. Resolutions

a. Resolution 2362
A Resolution Waiving Any City And Borough Interest In The Purchase Of Mineral Survey 268B From The University Of Alaska.

Sealaska Corporation is pursuing the acquisition of a 5 acre parcel (Mineral Survey 268B) from the University of Alaska in Sanford Cove, at the entrance to Endicott Arm. This parcel would add to, and fill in, the area between the two adjacent historical site properties that Sealaska Corp. already owns. The Sumdum parcel is outside of the CBJ municipal boundary, which is the closest municipal boundary. Per AS 14.40.366(c), before the Board of Regents of the University of Alaska offers a parcel of land for sale under this section, the board shall offer first refusal to the closest municipality.

The subject property is within the municipal boundary expansion area that has been developed by the Annexation Committee. If CBJ were to expand its boundaries to this area, the parcels would be private land holdings. Considering current conditions, the 5 acre parcel is removed from the CBJ municipal boundary and is within an area of cultural and historic interest.

At the June 19, 2006 Lands Committee meeting, a motion passed to forward a Resolution to the Assembly to waive the right to exercise the option to purchase Mineral Survey 268B under AS 14.40.366(c).

I recommend this resolution be adopted.

b. Resolution 2363
A Resolution De-Appropriating The Sum Of $3,236 In Funding Support For The Juneau School District’s FY06 Operating Budget.

This ordinance will de-appropriate $3,236 in local funding for School District FY06 general operations. The School District has determined that the amount of general operating funds provided by the CBJ for FY06, $19,799,100, will exceed the maximum amount allowed under the State funding formula. The School District is requesting that the City reduce the District’s FY06 funding support by the $3,236. The packet includes a letter from David Means, the District’s Director of Administrative Services that provides additional information.

I recommend this resolution be adopted.

c. Resolution 2366
A Resolution Setting Forth The Capital Improvement Program Priority For Grant Funding By The Alaska Department Of Environmental Conservation.

The CBJ is applying for Alaska Department of Environmental Conservation grants through the Alaska Clean Water Fund Grant program. The application process has a ranking system whereby projects from around the state are evaluated based on such criteria as, benefits to public health, plans completed by the community, support by the community, and supplementary source of funding. To achieve maximum points, thereby assuring the best chances for grant monies, the ADEC requests a resolution of support by the community’s elected leaders identifying this project as the community’s number one priority. This resolution requests that the West Valley Sewer Extension project be considered Juneau’s number one state funding priority.

If full grant monies are received in FY 2007, the West Valley Sewer Extension project should be constructed and completed by Fall 2007 with service hookups by Spring 2008.

As this is a policy decision, the Manager does not forward a recommendation.

3. Bid Awards

a. Bid DH06-350
Douglas Harbor Renovation Engineering Design Services

This action will authorize the Docks and Harbors Board to enter into a contract with PND Engineers in an amount not to exceed $325,000 for professional services related to the replacement of mooring floats in Old Douglas Boat Harbor. The Docks and Harbors Board approved this award at its June 29, 2006 meeting after review of the proposals received during April and May 2006 solitications.

The contract will be financed by the Harbors Deferred Maintenance CIP. Construction bid documents are expected to be complete in early spring of 2007. The Board will be requesting Assembly approval of a revenue bond later this year to finance the construction. In addition, the Board will be requesting state match funding under the recently enacted Alaska Harbors Bill. Construction is expected to occur in the spring of 2008.

Replacing the Old Douglas Harbor moorage floats is the Board’s highest ranked deferred maintenance project. The float system was installed in 1961 and is beyond the end of its useful life.

I recommend the Assembly authorize the Board to enter into a contract with Peratrovich, Nottingham and Drage for professional services.

VIII. PUBLIC HEARING

A. Ordinance 2006-22
An Ordinance Relating To The Personnel Practices Of The Airport And Eaglecrest Departments.

This ordinance would address the personnel practices of Eaglecrest and the Airport in the same manner, using the same language, as was adopted for the Docks and Harbors Department in the Title 85 re-write. It would require these Boards to follow the CBJ Personnel Rules and other personnel-related policies, such as the anti-harassment policy and the drug and alcohol policy, as the rest of the municipality. The purpose is to implement the Assembly's direction for consistent treatment of all empowered boards. In addition, this action will provide a measure of legal protection from complaints; simply having a proper legal policy in place is the first line of defense for many types of claims. The boards, of course, are free to ask for and secure exceptions and modifications to the policies as appropriate to their particular operations. Because the Airport presently follows the CBJ Personnel Rules, this ordinance should have little impact; Eaglecrest is presently engaged in a process to review all related rules and policies, and this ordinance is timely to coordinate with implementation of that review.

I recommend this ordinance be adopted.

B. Ordinance 2006-27
An Ordinance Proposing An Amendment To The Charter Relating To The Use Of Bond Interest And Calling For An Election Thereon.

This ordinance would place before the voters on the October 3, 2006 ballot the question of removing Section 10.13 of the Charter. This section requires that all interest earnings and profits derived from the investment of bond proceeds be used solely for the purpose for which the bonds were issued. The current provision restricts the use of the interest earnings on other capital projects until the projects for which the bonds have been issued have been completed, or their completion duly provided for, or the completion found to be impractical.

If this provision is removed, it would allow the interest earnings to be used, as they accrue, for other capital improvement projects. All use of the interest proceeds would need to be appropriated by the Assembly. The City and Borough would be prohibited from using the interest earnings for anything other than capital projects. In addition, the ordinances authorizing the issuance of the bonds could include provisions on interest earnings usage.

The School District is very supportive of this proposal. The Assembly Finance Committee reviewed this proposal on June 28, 2006 and recommended that it be approved by the Assembly and placed on the October 3, 2006 ballot.

I recommend this ordinance be adopted.

C. Ordinance 2006-28(b)
An Ordinance Providing For The Levy And Collection Of A Temporary 3% Areawide Sales Tax On The Sale Price Of Retail Sales, Rentals, And Services Performed Within The City And Borough Of Juneau, Such Tax To Be Effective On July 1, 2007, For A Period Of 5 Years Only, The Proceeds Of Which Are To Be Allocated For Certain Purposes As Set Forth Herein; And Calling For An Election On Whether Such Sales Tax Should Be So Levied.

This ordinance would authorize placing on the October 3, 2006 ballot the question of extending the existing temporary 3% sales tax levy for a period of five years. The current temporary 3% sales tax levy will end on July 1, 2007. The 3% temporary sales tax levy provides critical funding for the CBJ’s general operations and capital improvement program. The proposed sales tax levy would be used for general operations, capital improvements, youth activities and, as available, for emergency budget reserve contributions. This would be the same allocation as the current 3% sales tax levy.

Version (b) makes small clarifications in the proposed uses listed for the revenues if the voters approve extending the tax.

I recommend this ordinance be adopted.

D. Ordinance 2006-11(A)
An Ordinance Appropriating To The Manager The Sum Of $25,000 As Partial Funding For The Purchase Of Eaglecrest Rental Ski And Snowboard Equipment, Funding Provided By Eaglecrest Fund Balance.

This ordinance appropriates $25,000 from Eaglecrest’s Fund Balance (deficit) for the purchase of rental ski equipment. On June 5, 2006, the Assembly approved a transfer (2005-11(AZ)) of $69,302 in sales tax from an existing capital improvement project, Eaglecrest Deferred Maintenance, to Eaglecrest’s operating budget. The purpose of this transfer is to provide funds to replace the existing rental ski equipment. Eaglecrest was unable to purchase all of the equipment by the end of the past fiscal year. The unexpended $25,000 balance in this operating account lapsed on June 30, 2006. This ordinance will appropriate the balance of the unexpended amount and allow Eaglecrest to acquire the equipment originally identified in Ordinance 2005-11(AZ).

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Status Report on Liquor License Protests

The Alcohol Beverage Control Board will hold its next hearing on August 9, 2006, and has requested updated information regarding the licenses which the CBJ Assembly has protested and/or imposed conditions upon.

The following licenses are currently under protest by CBJ:
• Imperial Bar Beverage Dispensary Liquor License #550 protested March 13, 2006 based on outstanding Building Permit concerns.
• Karma Cafe Inc. d/b/a Fiddlehead Restaurant & Bakery Restaurant/Eating Place Liquor License #3983 also protested March 13, 2006 based on outstanding building inspection issues.

The following licenses were approved by the Assembly at its March 13, 2006 meeting with a condition imposed that the premises be inspected and approved by the Building Official and the Fire Marshall:
• Taku Glacier Flightseeing/Salmon Bake d/b/a Taku Glacier Lodge, Inc. Restaurant/Eating Place License #1416
• Pizza Verona Restaurant/Eating Place License #2812

At this time, Building Official Debra Purves has indicated that the Imperial Bar and Pizza Verona have met their required inspection and compliance concerns and recommends the Assembly pass a motion removing the protest and conditions on these two licenses. Ms. Debra Purves is also recommending the Assembly take no action at this time with regard to the protest of the license for Karma Cafe Inc. d/b/a Fiddlehead Restaurant & Bakery and the condition imposed on Taku Glacier Lodge Inc. as they have not met the requirements upon which the protest and conditions were imposed back in March.

I recommend the Assembly remove its protest of the renewal of the Imperial Bar Liquor License and approve the renewal of Pizza Verona’s Liquor License without condition.

X. NEW BUSINESS

XI. STAFF REPORTS

A. Noise Issue

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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