ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday March 16, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-06

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Treadwell Historical Preservation Society Presentation
B. Southeast Conference Presentation

IV. APPROVAL OF MINUTES

A. February 23, 2009 – Regular Meeting 2009-04

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

No ordinances for introduction.

2. Resolutions

a. Resolution 2463
A Resolution Establishing The Fiscal Year 2010 - 2013 CBJ Transportation Needs List, And Nominating Projects For The State Of Alaska Department Of Transportation And Public Facilities Statewide Transportation Improvement Program.

Exhibit A             PWFC Memo

The deadline for submitting CBJ’s comprehensive list of project nominations for inclusion in the 2010-2013 Statewide Transportation Improvement Program (STIP) was March 2, 2009. The STIP is the Alaska Department of Transportation and Public Facilities’ (ADOT) plan for spending state and federal transportation funds to improve Alaska’s highway, ferry, and transit systems. During the next several months, ADOT will be reviewing project nominations and compiling the STIP for fiscal years 2010 – 2013.

At its meeting of February 25, 2009, the Committee of the Whole reviewed the list of projects by category, for submission to ADOT. On March 9, 2009, the Public Works and Facilities Committee (PWFC) approved a priority list of project nominations for the City and Borough. The PWFC also recommended that the Assembly adopt a resolution of support for the project nominations and priority list to forward to ADOT for inclusion in the 2010-2013 STIP. A memo identifying the various project priorities, by category, is included in your packet.

I recommend this resolution be adopted

3. Bid Award

a. Bid Award E08-219
Dzantik’i Heeni Covered Playground

Bids were opened on the subject project on February 20, 2009. The bid protest period expired at 4:30 p.m. on March 2, 2009. There were no protests received. Results of the bid opening are as follows:

RESPONSIVE BIDDERS TOTAL BID
McGraw Custom Construction Inc. $869,675.49
North Pacific Erectors, Inc. $874,396.73
Alaska Commercial Contractors, Inc. $952,307.98
Admiralty Construction, Inc. $1,015,505.00
Miller Construction Company, Ltd. $1,053,867.50
Silver Bow Construction Company $1,078,420.25
Bicknell Inc. $1,344.543.28
Architect's Estimate $1,226,899.00

Project Manager: Skye Stekoll

Project Description: The project consists of construction of a metal framed covered playground structure with a concrete foundation, and various site amenities adjacent to Dzantik’i Heeni Middle School.

Funding Source: This project is currently funded by FY08 Temporary Sales Tax, 2009 GO School Bond, 2009 GO School Bond Interest, and the State of Alaska DCCED-07-DC-198.

Total Project Funds: $1,845,000
CIP No. S454-91
Construction Encumbrance: $869,675.49
Construction Contingency: $87,000
Consultant Design: $80,357
Consultant Contract Administration/Inspection: Approximately $70,000
CBJ Administrative costs: Approximately $26,000

I recommend award of this project to McGraw Custom Construction, Inc., in the Base Bid amount, for a total award of $869,675.49.

b. Bid Award E09-167
Geothermal Loop Fields

Bids were opened on the subject project on February 25, 2009. The bid protest period expired at 4:30 p.m. on February 26, 2009. There were no protests received. Results of the bid opening are as follows:

Admiralty Construction, Inc. Arete Construction Corp. Coogan Construction Co. Construction Estimate
Base Bid $1,284,610 $1,407,650 $1,955,000 $2,322,075
AA 1 – Expand Geothermal Loop Field at Airport $280,897 $300,800 $446,000 $597,258
AA 2 – Expand East area Geothermal Loop Field at Aquatic Center $240,626 $276,000 $365,000 $525,620
AA 3 – Expand West area Geothermal Field at Aquatic Center $249,391 $286,000 $365,000 $525,620
TOTAL $2,055,524 $2,270,450 $3,131,000 $3,970,573

Bids were received from Bertram Drilling, Inc., and Bergerson-Caswell, Inc., but they were declared non-responsive for the following reasons: incomplete bid form (Bertram) and no current Alaska Contractor License (Bergerson-Caswell).

Project Manager: Catherine Fritz (Airport), Nathan Coffee and Catherine Wilkins (Aquatic Center)

Project Description: This project will be done in two phases, and consists of the construction of geothermal vertical loop well fields at two sites: Juneau International Airport (JNU), and Dimond Park Aquatic Center (DPAC). Additive Alternate 1 involves expanding the geothermal vertical loop well fields at JNU. Additive Alternates 2 and 3 expand the geothermal vertical loop well fields at DPAC.

Architects/Engineers Estimate: Approximately $3,970,574

Funding Source: Funding for the JNU geothermal loop field has been provided from an Alaska Energy Authority grant and Area Wide Sales Tax. Funding for the DPAC geothermal loop field has been provided from FY08 Bonds.

I recommend award of this project to Admiralty Construction, Inc., for the Base Bid and Additive Alternates 1 through 3, for a total award of $2,055,524.

VIII. PUBLIC HEARING

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 A             Lands Memo          Notice of Decision            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 its October 1, 2007 meeting, the Parks and Recreation Advisory Committee passed a motion of support for the lease request. At its October 22, 2007 meeting, the Assembly

Lands Committee passed a motion of support for the lease request. At its January 8, 2008 meeting, the Planning Commission approved a Conditional Use permit for the development request. No appeal was filed within the time allowed.

I recommend this ordinance be adopted.

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 an appeal, 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. First, language of the subsections of the variance requirements is somewhat confusing. If an ordinance can be drafted to clarify this area, it might save time and effort for developers, Planning Commission, and the Assembly. Second, an ordinance requiring payment of double fees for all permits applied for “after the fact” which would provide a financial incentive for developers to apply for CBJ permits in a timely manner.

At its January 13, 2009 meeting, the Planning Commission recommended that the Assembly adopt this ordinance

I recommend this ordinance be adopted.

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.

Exhibit A              Final Lease               JAHC Memo

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 CBJ 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.

At its January 26, 2009 meeting, the Public Works and Facilities Committee recommended approval of this request.

I recommend this ordinance be adopted.

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

Current zoning of the Subport property (see attachment B) 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 Mixed Use 2 (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 as mixed use. The applicant’s expected development of the site for state offices will certainly support and enhance state capital functions downtown. Construction of state offices is not a condition of the rezone to MU2. A map of the area proposed for the MU2 extension is included in the packet.

At its February 9, 2009 meeting, the Planning Commission recommended Assembly approval of this map amendment.

I recommend this ordinance be adopted.

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

I recommend this ordinance be adopted.

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 sales tax authorization that expired on October 1, 2008, would provide additional money needed for the project, with the remainder coming from a Rasmussen grant.

At its January 26, 2009 meeting, the Public Works and Facilities Committee recommended approval of this appropriation.

I recommend this ordinance be adopted.

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.

At its January 26, 2009 meeting, the Public Works and Facilities Committee recommended approval of this appropriation.

I recommend this ordinance be adopted.

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 FEMA grant, 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 adopted.

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.

At its February 5, 2009 meeting, the Docks and Harbors Board recommended approval of this appropriation.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

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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