ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday February 23, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-04

Submitted by:  Rod Swope, City and Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. January 26, 2009 – Special Meeting 2009-02
B. February 2, 2009 – Regular Meeting 2009-03

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 2009-01
An Ordinance Authorizing The Manager To Execute A Lease Of A Portion Of Lot 1, U.S. Survey 3846 Located On North Douglas To Capital Community Broadcasting, Inc., (KTOO), To Relocate Two 60' Antenna Support Structures And An Equipment Enclosure.

Exhibit Map

Lands & Resources Manager Memo

Planning Commission Notice of Decision

Planning Staff Report

A lease request has been received from KTOO to relocate existing radio and television infrastructure onto CBJ property in North Douglas (Lot 1, US Survey 3846). KTOO received notice to vacate its previous lease area on adjoining private property (Lot B1, US Survey 1287). The existing infrastructure has been relocated into a lease area footprint of 200’ X 250’, accommodating a small equipment enclosure and two 60’ antenna support structures. The lease area is designated as a CBJ Natural Area Park and wetland topography dominates the area. In addition to standard lease terms and conditions, specific conditions for the lease request include:

1. The lease term shall be limited to 35 years.
2. The lease will be at no cost.
3. The use of the site shall be limited to public broadcasting purposes.
4. Any co-location of commercial uses on the site shall be subject to approval of the City and the lease rate shall be at fair market value.
5. If the site is no longer needed for communication purposes, the lease shall terminate.
6. The City shall have the right to co-locate its own communication facilities.
7. FAA guidelines on lighting and interference shall be adhered to.

At the October 1, 2007 meeting, the Parks and Recreation Advisory Committee passed a motion of support for the lease request. At the October 22, 2007 meeting, the Assembly Lands Committee passed a motion of support for the lease request. At the January 8, 2008 meeting, the Planning Commission approved a conditional use permit for the development request.

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

b. Ordinance 2009-04
An Ordinance Amending The Land Use Code Relating To Fees For Land Use Permits
.

This ordinance was requested by the Assembly following the appeal to the Assembly, Hood v. CBJ Board of Adjustment and Secon, Inc. This appeal challenged the issuance of an “after the fact” variance (VAR2007-00010) to allow construction of a truck scale within 50’ of the Ordinary High Water mark of Lemon Creek.

The finding on appeal for this case provides in part that:

The Assembly requests that the Manager and City Attorney look into two ideas to prevent the problems that led to this appeal from recurring… Second, an ordinance requiring payment of double fees for all permits applied for “after the fact” would provide a financial incentive for developers to apply for CBJ permits in a timely manner.

The Planning Commission recommended that the Assembly adopt this ordinance at its January 13, 2009 meeting.

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

c. Ordinance 2009-05
An Ordinance Authorizing The Manager To Execute A Lease With The Juneau Arts And Humanities Council (JAHC) For Use Of The Former Armory Building.

Memo Re: Lease

Proposed Lease

This ordinance would authorize the Manager to negotiate and enter into a six-year lease with the Juneau Arts and Humanities Council (JAHC), for the use of the old Armory building. When the City and Borough and JAHC entered into the lease in 2007, JAHC agreed to repay costs, not to exceed $110,000, needed to make the armory useable for the arts community. Improvements to the facility were completed in early 2008 for a cost of $96,866.

JAHC is requesting the repayment plan be adjusted with first year payments of $250 per month, and increasing to $1,564 beginning in year two until fully paid. JAHC also pays a monthly fee, based on past year’s actual expenditures, for building maintenance charges. This year’s building maintenance charges would be $1,500 per month. Future years’ building maintenance charges would be set by December 1 based on past year’s costs. JAHC pays all electrical, heat, and water and sewer charges for the facility.

The Public Works and Facilities Committee approved this request at its January 26, 2009 meeting.

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

d. Ordinance 2009-06
An Ordinance Amending The Official Zoning Map To Change The Zoning Of Lot C, Juneau Subport, Currently Zoned Waterfront Commercial WC, To Mixed Use 2, MU2.

MAP

Mixed Use (MU) and Mixed Use 2 (MU2) districts are established to accommodate a mix of appropriate commercial and residential uses. The MU2 district, is intended to place a greater emphasis on residential development than is the case in the MU district. A range of residential development types is allowed. Multi-family residential uses are allowed at a density of 60 units per acre.

The 2008 Comprehensive Plan describes “mixed use” in detail. In summary, mixed use includes a broad range of activities ranging from commercial, residential, government, tourism, to arts and entertainment with a goal of creating and maintaining a vibrant 24-hour, year-round community.

Current zoning restricts the use of these lots only for uses directly related to the water or waterfront location, including private boating, commercial freight and passenger traffic, commercial fishing, floatplane operations and retail services directly related to maritime clientele. The proposed MU2 zoning would allow a mix of commercial and residential uses without the requirement of being water dependent or water related.

The rezoning of this parcel from waterfront commercial to MU2 is a rezone that is identified in the Comprehensive Plan on Map M. The applicant’s expected development of the site for a state office building will support and enhance state capital functions downtown. Construction of a state office building is not a condition of the rezone to MU2.

The Planning Commission recommends Assembly approval of this zoning map amendment. A map of the area proposed for the MU2 extension is included in the packet.

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

e. Ordinance 2008-15(AX)
An Ordinance Appropriating To The Manager The Sum Of $500,000 As Partial Funding For The Dimond Park Swimming Pool Capital Improvement Project, Funding Provided By A Rasmuson Grant.

Economic Impact Note

This ordinance would appropriate a $500,000 Rasmuson grant to the Dimond Park Swimming Pool Project (P396-79).

This grant would provide a portion of the funding required for the resistance channel. The project would be ready to bid in February.

The Public Works and Facilities Committee approved this appropriation at its January 26, 2009 meeting.

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

f. Ordinance 2008-15(AY)
An Ordinance Appropriating To The Manager The Sum Of $400,000 As Partial Funding For The Dimond Park Swimming Pool Capital Improvement Project, Funding Provided By Temporary Sales Tax.

Economic Impact Note

This ordinance would appropriate $400,000 to the Dimond Park Swimming Pool Project, (P396-79).

This funding, provided by using excess sales tax that expired on October 1, 2008, would provide additional money needed for the project, with the remainder coming from a Rasmussen grant. The project is expected to be ready to bid in late February or early March.

The Public Works and Facilities Committee heard and approved this appropriation at its January 26, 2009 meeting.

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

g. Ordinance 2008-15(AZ)
An Ordinance Appropriating To The Manager The Sum Of $2,197,100 As Partial Funding For The Downtown Transportation Center Capital Improvement Project, Funding Provided By Federal Transportation Administration Grants.

Economic Impact Note

This ordinance would appropriate $2,197,100 to the Downtown Transportation Center Capital Improvement Project (CIP) (396-55), funding provided by Federal Transportation Administration (FTA) grants.

These grants are from Federal Fiscal Years 2006-2008 and are now available for appropriation and use.

The Public Works and Facilities Committee heard and approved this appropriation at its January 26, 2009 noon meeting.

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

h. Ordinance 2008-15(BA)
An Ordinance Appropriating To The Manager The Sum Of $365,985 As Funding For The Capital City Fire/Rescue Staffing Adequate Fire and Emergency Response Recruitment Program, Grant Funding Provided By the United States Department of Homeland Security.

Economic Impact Note

This ordinance would appropriate a $365,985 grant from the Federal Emergency Management Agency’s, Staffing For Adequate Fire and Emergency Response (SAFER) grant program.

The program would fund four-year college scholarships for twelve persons as an incentive to be live-in volunteer firefighters with Capital City Fire/Rescue. It would also fund a variety of media related volunteer recruitment and retention programs from April 15, 2009 to April 14, 2013.

There is no matching fund requirement for this grant.

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

i. Ordinance 2008-15(BB)
An Ordinance Appropriating To The Manager The Sum Of $93,000 As Partial Funding For The Taku Harbor Transient Moorage Facility, Grant Funding Provided By The Alaska Department Of Fish And Game.

Economic Impact Note

This ordinance would appropriate an additional $93,000 to the existing Cooperative Agreement between the CBJ and the Alaska Department of Fish and Game for the purpose of completing work at the Taku Harbor transient moorage facility. Specifically, the additional funding would be used to install a tire matt to stabilize the approach floats to improve safety for users. The work also includes improvements to the mooring float and installation of information signage.

This funding will complete the Taku Harbor transient moorage facility project. No CBJ match is required for this grant.

The Docks and Harbors Board recommended this appropriation during its
February 5, 2009 meeting.

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

2. Resolutions

a. Resolution 2461
A Resolution Authorizing The Manager To Submit To The State Of Alaska An Application For A Federal Grant To Complete The City And Borough Historic Building And Site Survey Report Of The Treadwell Mining Complex.

The Historic Building and Site Survey Report of the Treadwell Mining Complex is a project that was originally initiated in 1990 to survey and document the historic and archaeological aspects of the City and Borough owned portion of the Treadwell Mining Complex. This project was never completed due to a lack of funding. The proposed project would provide documentation of this valuable area of the community before any redevelopment action proceeds.

The work of the project would be performed through the combined efforts of a consultant (yet to be determined), the Treadwell Historic Preservation & Restoration Society, Inc., the Historic Resources Advisory Committee and the Project Manager. Total project costs are estimated to be $17,152.10, sixty percent of which would be funded from a federal Historic Preservation Fund grant through the National Park Service. The remaining 40 percent of the project budget would be funded by wages from the Community Development Department operating budget.

I recommend this resolution be adopted.

b. Resolution 2462
A Resolution Expressing Assembly Support For Senate Bill 33 And House Bill 94, Creating A Postsecondary Scholarship Program For Alaska Residents Based On High Achievement And Financial Need, And The Efforts Of The “Coalition Of Student Leaders” At The University Of Alaska.

This resolution would express Assembly support for Senate Bill 33 and House Bill 94, which would create a postsecondary state-funded scholarship program, known as the Alaska Achievers’ Incentive Scholarship Program (AAIP), for Alaska residents based on high achievement and financial need.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-892
Transferring $105,000 From The Juneau Douglas Treatment Plan CIP U484-85 To The Mendenhall Wastewater Treatment Plant CIP U484-76.

Budget Impact Note

This action would transfer $105,000 from an existing project at the Juneau-Douglas WWTP to complete work on another existing project at the Mendenhall WWTP.

From:
CIP U484-85 JDTP Clarifier & Bldg Rehab $105,000
To:
CIP U484-76 MWWTP VFD & Valve Actuator Rplmt $105,000

This transfer wouls take funds from the nearly completed Clarifier mechanism replacement CIP and move them to the VFD (variable frequency drives) & Effluent Valve Actuator Replacement CIP. This would allow us to do more VFD work than was originally planned.

A significant portion of the VFD CIP was spent on replacement VFDs for the aeration blowers when a rapidly increasing rate of failure in those aging units was observed prompting their replacement ahead of similar work originally foreseen for the influent pumps controls. This transfer would allow Public Works to finish the original scope of the VFD CIP.

The Public Works and Facilities Committee reviewed and approved this action at its February 9, 2009 meeting.

I recommend this transfer be approved.

4. Bid Award

a. Bid Award E09-021
Juneau Airport Terminal Renovation

The bids for this project were opened on February 13, 2009. The bid protest period expired on February 18, 2009 at 4:30 p.m.. The results of the bid opening are outlined in the linked document above.

Project Manager: Catherine Fritz, Airport Architect

Project Description: The work will be conducted in five phases as shown in the construction documents, with each phase substantially complete as indicated. This Project consists of renovation and expansion of the Juneau International Airport terminal. Work includes a two-story addition plus mechanical penthouse, and interior renovation.

Architect’s Estimate: Approximately $12 Million.

Funding Source: FY03 AW Sales Tax, FY03 Marine Passenger Fee, FY09 1% Prop 2 Sales Tax, FY08 PFC #8, DCCED 07 DC 197, DCCED 09 DC 554, and FAA AIP 3-02-0133-047-200.

Total Project Funds: $23,501,118.00.
CIP No.: 345-73
Construction Encumbrance: $10,125,000.00
Construction Contingency: $1 Million
Consultant Design: Jensen Yorba Lott, Inc. $1,826,819.00 (Includes Phase 1 Design–already completed)
Contract Administration & Inspection (provided by staff and consultants): Estimate $1 Million
CBJ Administrative Costs: Approximately $300,000.00.

Staff recommends award of this project to McGraw Custom Construction for the Base Bid and Additive Alternate No.’s 1 – 5; for a total award of $10,125,000.00. Two members of the Airport Board participated in the evaluation and selection of additive alternates

I recommend award of this project to McGraw Custom Construction for the Base Bid and Additive Alternate Numbers 1 – 5, for a total award of $10,125,000.00.

b. Bid Award E09-168
Radcliffe Road Reconstruction

The bids for this project were opened on Thursday, February 19, 2009. The protest period ended on Friday, February 20, at 4:30 p.m. and the recommendation memo will be presented to the manager once the bids results are certified. See linked document.

This project consists of reconstruction of Radcliffe Road from Glacier Highway through the Berners Avenue intersection. The work consists of installation of a new underground storm drainage system, installation of 24-inch sanitary sewer pipe, manholes, sewer service replacements, water pipe relocations, upgrades to fire hydrants, concrete headwalls, area drains, access pads and curb and gutter, replacement of the roadway embankment to a 24-inch depth, shot rock borrow, shot rock with D-1 base course, new asphalt pavement, added paved sidewalks, and miscellaneous relate work. An Additive Alternate includes installation of a new lighting system and removal and disposal of the existing lighting system.

Engineer’s Estimate For Construction: Approximately $2 million.

c. Bid Award E09-219
Dzantik’i Heeni Covered Playground

The bids for this project were opened on Friday, February 20, 2009. The protest period will end on Thursday, March 5, 2009 at 4:30 p.m. and the recommendation memo will be sent to Manager once bid results are certified, to be included as a red folder item at the Assembly meeting on Monday, February 23, 2009.

Description of Work. The Project consists of construction of a metal framed covered playground structure with concrete foundation with various site amenities adjacent to Dzantiki’i Heeni Middle School. Work includes clearing and grubbing, excavation, shot rock borrow, base course grading D-1, 12” CPP underdrain, 60’x100’ covered playground structure on concrete foundation, construction survey, topsoil, jute mesh, hydroseeding, asphalt pavement placement, covered playground lighting, site lighting, security system and miscellaneous related work.

Architects’s Estimate: Approximately $1.2 million

d. Bid Award 09-067
35’ Accessible Low Floor Transit Coaches

The bids for this contract were opened on February 12, 2009. The bid protest period ended on February 13, 2009 at 4:30 p.m.. The results of the bid opening are as follows:

RESPONSIVE BIDDER PRICE PER UNIT TOTAL BID (FIVE COACHES)

Gillig                                                    $288,564.00                         $1,442,820.00
NewFlyer                                            $319,900.00                          $1,599,500.00
North American Bus Industries      NO BID

This is a contract for the purchase of five low-floor motor coaches to be used by Capital Transit.

Buyer: Renee Loree
Funding Sources: 602-67-5-02-41-510
602-67-5-02-40-510
Encumbrance: $1,575,000

With the concurrence of Public Works / Capital Transit, the Purchasing Division recommends award to Gillig on the basis of having the lowest responsive bid price in the amount of $1,442,820.00 based on total bid.

I recommend award of Bid 09-067 to Gillig, for a total award amount of $1,442,820.00.

VIII. PUBLIC HEARING

A. Ordinance 2008-15(AU)
An Ordinance Appropriating To The Manager The Sum Of $149,582 As Partial Funding For Firefighter Training And Fire Station Exhaust System Upgrades For The Capital City Fire/Rescue Department, Grant Funding Provided By The U.S. Department Of Homeland Security And Federal Emergency Management Agency
.

Economic Impact Note

This ordinance would appropriate $149,582 as a grant from the U.S. Department of Homeland Security and Federal Emergency Management Agency (FEMA). These funds will be used for training all career and volunteer department members to a Firefighter II certification level. The grant also provides for upgrades to the fire stations exhaust systems.

The grant has a 10% matching funds requirement of $16,620 that will be met through FY09 Capital City Fire/Rescue department position vacancies.

I recommend this ordinance be adopted.

B. Ordinance 2008-15(AV)
An Ordinance Appropriating To The Manager The Sum Of $135,000 As Partial Funding For The Amalga Harbor Ramp Rehabilitation Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Fish And Game.

Economic Impact Note

This ordinance would appropriate an additional $135,000 to the existing Cooperative Agreement between the CBJ and the Alaska Department of Fish and Game for the purpose of completing the Amalga Harbor Ramp Rehabilitation project. Specifically, the additional funding will be used to construct ADA access to the existing kayak launch ramp.

This funding will complete the Amalga Harbor Ramp Rehabilitation project, which began in 2002. No CBJ match is required for this grant.

The ADA Committee reviewed and supported approval of the project on January 4, 2009.

The Docks and Harbors Board recommended this appropriation at its January 8, 2009 meeting.

I recommend this ordinance be adopted.

C. Ordinance 2008-15(AW)
An Ordinance Appropriating To The Manager The Sum Of $1,400,000 As Partial Funding For Six Wastewater Utility And One Water Utility Capital Improvement Projects, Funding Provided By Temporary 1% Sales Tax.

Economic Impact Note

This ordinance appropriates $1,400,000 in sales tax revenues as partial funding for the FY2010 capital improvement program for the Wastewater Utility and the Water Utility. Projects to receive funding are:

JDTP Aeration Basin Repairs & Improvements, Phase 1 $350,000
MWTP Major Mechanical Repairs 2010 $158,000
Twin Lakes Pump Station Improvements (Construction) $462,000
Biosolids Minimization, Handling, & Disposal Assessment $ 70,000
Major Incinerator Repairs & Replacement (Pre-Design) $110,000
Berners Avenue Sewer System Improvements $100,000
Last Chance Basin Well Field Improvements $150,000

The infusion of an additional $1.4 million into these utility projects will eliminate the need to increase water and wastewater utility rates proposed for FY2009 and
FY2010. A memo from the Manager discussing this proposal is included in your packet.

The Public Works and Facilities Committee approved this action at its January 26, 2009 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor License
Restaurant Designation Permit Application
Jovany’s Italian Restaurant, 9121 Glacier Hwy.

The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for compliance with CBJ Code. Enclosed in your Human Resources Committee packets are copies of the Restaurant Designation Permit application received from the Alcohol Beverage Control (ABC) staff along with the recommendations by CBJ staff.

The Human Resources Committee met earlier this evening, Monday, February 23, 2009, and will report its recommendation for action by the Assembly.

I recommend the Assembly adopt the Human Resources Committee's recommendations for action from tonight’s meeting.

B. Notice of Appeal
Conditional Use Permit USE2008-00026 – Placement of a 150-foot Telecommunication Tower at 3921 Mendenhall Loop Road.

Notice of Appeal

Notice of Decision

Staff Report

On January 13, 2009, the Planning Commission approved a Conditional Use Permit USE2008-00026, to allow the placement of a 150-foot monopole antenna for a new telecommunication facility. On February 3, 2009, Bill and Ruth Newman, Tim Strand and George Danner filed a timely appeal of the decision to the Assembly. The Notice of Appeal and the Notice of Decision are in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

The appellants, the permit holder and the Planning Commission have been advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

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 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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