ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday May 18, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-11

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

          A. Employee Recognition
               1. Centennial Hall Manager - Wendie Marriott
               2. Capital City Fire/Rescue
                    a. Captain John Krebsbach
                    b. Captain Scott Fergusson
                    c. Lieutenant Sean Huntly
                    d. Firefighter/Paramedic Sandi Kelly

          B.  Landfill Update - Eric Vance

IV. APPROVAL OF MINUTES

A. April 27, 2009 – Regular Assembly Meeting 2009-10

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 2008-15(BI)
An Ordinance Appropriating To The Manager The Sum Of $162,221 As Partial Funding For The Juneau-Douglas High School Renovation Capital Improvement Project, Funding Provided By General Obligation Bond Interest Income
.

Memorandum              Economic Impact Note

This ordinance would appropriate $162,221 unbudgeted general obligation bond interest income as partial funding for the Juneau-Douglas High School Renovation Phase II.

Funds provided by the following:
1) 1991 General Obligation Bond Interest Income [ $33 ]
2) 2000B General Obligation Bond Interest Income [ $6,850 ]
3) 2000 General Obligation Bond Interest Income [ $53,410 ]
4) 2000 General Obligation Bond Interest Income [ $57,526 ]
5) 2004A&B General Obligation Bond Interest Income [ $44,402 ]

These funds are required for construction of OSHA-mandated renovations to the two wood shop dust collectors and related ventilation systems at Juneau-Douglas High School. The Assembly previously approved an appropriation of $70,921 in interest income to this project. If this additional appropriation of $162,221 is
approved by the Assembly, the total project budget for this work will be $233,142.

The Public Works and Facilities Committee recommended approval of this request at its May 11, 2009 meeting.

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

b. Ordinance 2008-15(BJ)
An Ordinance Appropriating to the Manager the Sum of $181,000 As Partial Funding For The Downtown Transportation Center Capital Improvement Project, Grant Funding To Be Provided by The State of Alaska Department of Transportation and Public Safety.

Memorandum

This ordinance would appropriate $181,940 from the State of Alaska, Department of Transportation and Public Facilities, given to the City and Borough of Juneau as a sub-recipient of the Federal Transit Administration’s Non-Urbanized Area Formula Program as partial funding for the construction of the Downtown Transportation Center.

The grant is specifically for construction of a transit facility in downtown Juneau, CIP 396-55, Downtown Transportation Center.

The Public Works & Facilities Committee recommended approval of this request at its April 20, 2009 meeting.

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

2. Resolutions

a. Resolution 2471
A Resolution Adopting Revisions To The Personnel Board Rules of Procedure.

Exhibit A

This resolution would approve changes to the Juneau Personnel Board Rules, which outline the procedures that govern the resolution of labor-management disputes. The rules also outline procedures related to appeals and employee grievances. The proposed changes are primarily housekeeping in nature and were reviewed and approved by the Personnel Board at its April 6, 2009 meeting and the Human Resources Committee at its April 27, 2009 meeting and forwarded to the Assembly for adoption.

I recommend this resolution be adopted.

b. Resolution 2475
A Resolution Expressing Assembly Support For The City Of Angoon's Energy Initiative, And The Thayer Creek Hydroelectric Project.


This resolution would express Assembly support for the Thayer Creek Hydroelectric Project, which would serve the community of Angoon.

I recommend this resolution be adopted.

c. Resolution 2476
A Resolution Adopting Revisions to the Personnel Rules.

Exhibit A

This resolution would approve changes to the Personnel Rules, which, along with the various collective bargaining agreements, govern the rights and responsibilities of CBJ employees, supervisors, and managers. The rule changes are set forth in the attachment to the resolution. The proposed changes provide management with greater flexibility in scheduling employees and provides opportunities for cost savings in personnel services expenses.

I recommend this resolution be adopted.

d. Resolution 2477
A Resolution Adopting The City And Borough Capital Improvement Program For Fiscal Years 2010 Through 2015, And Establishing The Capital Improvement Project Priorities For Fiscal Year 2010.

Memorandum

This resolution would adopt the Capital Improvement Program for Fiscal Years 2010 through 2015. The resolution identifies funding for the first year of the plan.

On April 28, 2009, the Public Works and Facilities Committee forwarded the draft Program to the Finance Committee and on May 6, 2009, the Finance Committee amended the Program and forwarded this resolution to the Assembly.

I recommend this resolution be adopted.

3. Transfer
a. T-898, Transferring $409,162 From Five Existing Schools Projects To A New School Project, Funding Provided By 2000B General Obligation Bond Interest Income, 2000B General Obligation Bond Proceeds, 2004A and B General Obligation Bond Proceeds, And Interest Income – Grant Advance.

Memorandum             Impact of Budget Action

This transfer will close out all of the projects listed below, with the exception of the Floyd Dryden MS Renovations project. CBJ Engineering and the Juneau School District have identified critical paving projects amounting to $409,162 in need of completion this summer.

From:
CIP S454-68 ADA Upgrades - Marie Drake $ 29,925
CIP S454-69 Auke Bay Elementary School
Roof Replacement $ 15,541
CIP S454-73 Floyd Dryden MS Renovations - Phase I $355,335
CIP S454-76 J-D High School Renovations - Phase I $ 7,335
CIP S454-77 Riverbend Site Improvements $ 1,026

To:
CIP S454-92 Juneau School District Site Improvements $409,162

The Public Works and Facilities Committee recommended approval of this request at its May 11, 2009 meeting.

I recommend this transfer be approved.

4. Bid Award

a. E09-79, Downtown Transportation Center

Bids were opened on the subject project on May 12, 2009. The bid protest period expired at 4:30 p.m. on May 14, 2009.

Project Description: This project consists of: Construction of a four-level parking garage, consisting of a post-tensioned, reinforced concrete structure, steel-framed glass-enclosed stairwells, sidewalk covering canopies, architecturally-screened facades, electrical service and lighting, drainage and utility systems, and all other appurtenances necessary for the completed facility; construction of a single-level transit center with mezzanine, consisting of a steel-framed building, sidewalk covering canopies, electrical service and lighting, drainage and utility systems, and all other appurtenances necessary for the completed facility; construction of all site work, utility systems, curb and gutter, sidewalks, driving lanes and parking areas, landscaping, site furnishings and features necessary for the completed facility.

Additive Alternate No. 1 adds construction of a trail and park on Telephone Hill.

I recommend this project be awarded to Coogan Construction Company, in the amount of the Base Bid plus Additive Alternate No. 1, for a total award of $11,475,000.

VIII. PUBLIC HEARING

A. Ordinance 2009-11
An Ordinance Creating Local Improvement District No. 130 Consisting Of Installation Of A Sanitary Sewer System In The West Mendenhall Valley On Glacier Highway From Brotherhood Bridge To Pederson Hill Area, Including Wildmeadow Lane, Frank Maier Drive, Wildmeadow Court, Wilma Avenue And Hamilton Street.

Exhibit A           Assessment Roll                Memorandum

This ordinance would create Local Improvement District (LID) No. 130, for the purpose of providing sewer, serving the property owners within the West Valley Sewer Phase III – Pederson Hill, LID 130 boundary.

An informal poll was conducted of the property owners in this LID area. Out of a total of 58 properties, 31 responses were received. Twenty-nine responded in favor, with two opposed, and no response from 27 property owners.

Notices were published in the newspaper and sent to residents in the LID area so they would be aware that they would have this opportunity to make their views known to the Assembly. LID 130 was reviewed by the Public Works and Facilities Committee at itswr April 20, 2009 meeting, and forwarded to the full Assembly.

At this hearing, the Assembly shall hear objections from any owner affected by the formation of the district, and may make changes in the proposed boundaries or in the plans for the proposed improvements. The Assembly may not change the boundaries of the district to include property not previously included without first giving new notice to owners.

Due to the existence of extensive wetlands on one parcel of land within the LID, one property owner requested reconsideration of the proposed assessment. Staff contacted the property owner and reached an agreeable reduction. Included in your packet is a memo from staff recommending reduction of that assessment.

With this one assessment modification, I recommend this ordinance be adopted.

B. Ordinance 2008-15(BH)
An Ordinance Appropriating To The Manager The Sum Of $100,000 As Funding For The Emergency Management Program, Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate $100,000 for the Emergency Management Programs Grant. These grant funds are a 50% match federally designated to support the functions of local emergency management programs. The funds to be appropriated will reimburse the CBJ for 50% of the cost of salaries associated with emergency management activities, including the salaries for CBJ staff working on avalanche forecasting, disaster preparedness education, and emergency plan revisions.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Ordinance 2009-08am
An Ordinance Appropriating Funds From The Treasury For FY10 City And Borough Operations.

This ordinance would appropriate $309,317,500 for the City and Borough’s FY10 operating budget, excluding the amount appropriated for the School District on April 27,2009, but including the $809,000 for items outside of the cap approved at the May 6, 2009 Assembly Finance Committee meeting. It is necessary to appropriate all transfers between funds that support operations, debt service, and capital projects as well as the associated expenditures within the funds themselves. These transfers account for $98,643,500 of the FY10 operating budget. Excluding the transfers and School District, the CBJ FY10 operating budget, debt service, and capital projects is $209,865,000.

Ordinance 2009-08 am includes all changes to the FY10 Revised Budget approved by the Assembly Finance Committee during its budget deliberations between March 25 and May 6, 2009 and budget reductions directed by the City Manager.

The Charter requires that the FY10 operating budget be adopted by June 15, 2009.

I recommend this ordinance, as amended, be adopted.

B. Ordinance 2009-10am
An Ordinance Establishing The Rate Of Levy For Property Taxes For Calendar Year 2009 For The Budget For Fiscal Year 2010.

This ordinance would establish the mill rates for property taxes for 2009, which funds the City and Borough’s FY10 operating budget. The Charter requires the assembly to adopt, by ordinance, the tax levies necessary to fund the budget before June 15.

The mill levies presented in this ordinance support the Manager’s FY10 Proposed Budget as amended by the Assembly Finance Committee during its budget deliberation between March 25 and May 6, 2009. As part of the budget review process, the Assembly Finance Committee reviewed and has recommended, to the Assembly, these final mill levies. The final mill levies must be adopted on or before June 15.

I recommend this ordinance, as amended, be adopted.

X. NEW BUSINESS

A. Liquor Licenses
There are 24 Liquor License Renewals for the 2009/2010 Period. CBJ Finance Department is recommending the Assembly protest the licenses listed in bold italics below.

Beverage Dispensary Licenses
1. Lic. # 2728; Los Arcos Inc. d/b/a G.W Teal, 9105 Mendenhall Mall Road
&Catering, 1873 Shell Simmons Drive (Juneau International Airport)
3. Lic. # 644 BCM Inc. d/b/a Marlintini’s Lounge, 9121 Glacier Hwy 2nd Floor
4. Lic. #2844 Sandbar Inc. d/b/a The Sandbar, 2525 Industrial Blvd.

5. Lic. #4691 Fervid Enterprises LLC d/b/a Solstice Bar, 429 W. Willoughby Ave. 2nd Floor
6. Lic. #1081 Squires Rest LLC d/b/a Squires Rest, 11806 Glacier Hwy.
7. Lic. #2533 Jack D. & Arlene D. Tripp d/b/a Viking Restaurant & Lounge, 216 Front St.

Beverage Dispensary Tourism [AS 04.11.400(d)] License
8. Lic. # 313 Juneau Hospitality LLC d/b/a Prospector Hotel/TK Maguires, 375 Whittier Street

Package Store Licenses
9. Lic. #4543 Breeze In Corporation d/b/a Breeze-In, 5711 Concrete Way (Lemon Creek location)
10. Lic. #176 Allan Ahlgren & Michael Corcoran d/b/a Breeze-In Liquor, 8 Mile Old Glacier Hwy. (Mendenhall Valley location)
11. Lic. #662 Breeze In Corporation d/b/a Douglas Island Breeze-In, 3370 Douglas Hwy.
12. Lic. #300 DeHarts LLC d/b/a DeHarts Grocery, 11735 Glacier Hwy.
13. Lic. #828 Papadrew Inc d/b/a Papadrew’s (Fisherman’s Bend), 11957 Glacier Hwy.

Recreational Site-Seasonal License
14. Lic. #3409 Alaska Travel Adventures Inc. d/b/a Gold Creek Salmon Bake, 1061 Salmon Creek Lane

Restaurant Eating Place Licenses
15. Lic. #2185 Ri D Kuag d/b/a Canton House, 8585 Old Dairy Road
16. Lic. #816 El Sombrero Inc. d/b/a El Sombrero Mexican & American Food, 157 S. Franklin Street
17. Lic. #1384 Alfonso O. & Nenita Soriano d/b/a Jovany’s Italian Restaurant, 9121 Glacier Hwy.

18. Lic. #2175 Jilneth LLC, d/b/a The Silverbow Inn, 120 Second Street, Juneau
19. Lic. #4493 Dong Joon Yi & Kwang Su Yoon d/b/a Tarentinos, 140 Seward Street
20. Lic. #1915 Virginia Ann Jefferson d/b/a Thane Ore House, 4400 Thane Road
21. Lic. #4584 Zephyr LLC d/b/a Zephyr, 200 Seward Street

Wholesale - Malt Beverage & Wine License
22. Lic. #3568 Alaska Distributors Company d/b/a Alaska Distributors Company, 2266 Industrial Blvd.
23. Lic. #4080 K&L Beverage Co. LLC d/b/a K&L Beverage Company LLC, 8420 Airport Blvd.
24. Lic. #4081 K&L Distributors Inc. d/b/a K&L Distributors, 8420 Airport Blvd.

The above-listed liquor license renewals are before the Assembly to either protest or waive its right to protest. 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 notice received from the Alcohol Beverage Control (ABC) staff and CBJ Code Section 20.25.025 regarding procedures for liquor license review and protest by the Assembly.

The Human Resources Committee met earlier this evening, Monday, May 18, 2009, and will report on its action. In the event the Assembly does protest the renewal of one or more of the above-mentioned liquor licenses, CBJ Code 20.25.025(c) provides the following:

(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 action from tonight’s meeting.

B. Regulations: Fees and Charges - Small Boat Harbor Fee Policy

Memorandum                   

The Docks and Harbors Board is proposing to amend the Fees and Charges Regulations to allow the Board to establish temporary special and promotional moorage rates at the Intermediate Vessel Float and the small boat harbors. The purpose of these rates will be to encourage the use of facilities, to respond to unusual economic circumstances, or to promote revenue development.

The Board is also proposing to amend the Statter Harbor Parking Lot Fee Regulation to add an hourly parking fee of $1.00, in addition to the existing $5 per day and $75 per month fees. The new fee will work in conjunction with a “pay and display” parking meter. This amendment will also allow the Board to charge these fees at the other parking lots under its authority. However, the Board does not plan to implement these parking fees at other lots at this time.

The regulations will not require an increased appropriation of general funds by the municipality.

The Docks and Harbors Board conducted two public hearings on the regulations. Several written or oral comments were received regarding specific moorage promotions under consideration. The Board adopted the regulations at its April 30, 2008 meeting.

The regulations will not require an increased appropriation of general funds by the municipality.

CBJ Ordinance 01.60.260 provides the Assembly with three courses of action:

1. The Assembly may take up consideration of the regulation and approve it;
2. The Assembly may chose not to take up consideration of the regulation in which case the regulation shall be deemed approved; or
3. The Assembly may disapprove the regulation. If the Assembly disapproves the regulation, it shall return the regulation to the Docks and Harbors Board or direct the regulation be considered as an ordinance or resolution.

If the Assembly returns the regulation, it may state the reasons for disapproval but shall not establish explicit conditions for subsequent approval or direct particular amendment to the regulation.

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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