ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, June 28, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-18

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Capital City Youth Forum – Grayson Carlile
B. Employee Recognition - Barbara Ritchie Retirement
C. Employee Recognition – Paulette Sill Retirement

IV. APPROVAL OF MINUTES

A. June 7, 2010 – Regular Assembly Meeting 2010-15
B. June 14, 2010 – Special Assembly Meeting 2010-16
C. June 21, 2010 – Special Assembly Meeting 2010-17

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 2010-20
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of USMS 2225, Tract 2, Located On North Douglas Highway, Currently Zoned D-1(T) D3, To Waterfront Commercial, WC.

The applicant is requesting a zone change from D-1(T) D-3 to Waterfront Commercial for land located on the water side of North Douglas Highway at about Mile 2, just past Mike Hatch Jeep.

The Comprehensive Plan shows this lot as Medium Density Residential (MDR). The Comprehensive Plan describes MDR as follows:

These lands are characterized by urban residential lands for multi-family dwelling units at densities ranging from 5 to 20 units per acre. Any commercial development should be of a scale consistent with a residential neighborhood.

The Waterfront Commercial District (49.25.250(a)) is intended to provide both land and water space for uses which are directly related to, or dependent upon, a marine environment and residential uses at up to 18 units per acre, as well as hotels, restaurants, professional offices, and a variety of other water-dependent/water-related non-residential uses.

The Planning Commission recommended the Assembly approve rezoning of the subject parcel from D-1(T) D-3 to WC at its April 27 meeting, with the following condition:

1. Driveway permits must be reviewed by the Alaska Department of Transportation when development proposals are submitted.

The Commission found the zone change consistent with the Comprehensive Plan because land located across the highway is designated General Commercial, and because Comprehensive Plan designations are intended to be somewhat flexible.

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

b. Ordinance 2010-21
An Ordinance Amending The Traffic Code Relating To Parking, Adopting The 2010 Downtown Parking Management Plan, Providing For The Establishment Of Residential Parking Zones, And Providing For A Penalty.

This ordinance would amend the CBJ’s parking management system by authorizing the use of multi-space parking meters to manage on-street parking; giving the Manager authority to amend parking fees and time limits so as to meet adopted parking management goals; enabling the creation of Residential Parking Zones by regulation; and encouraging further modifications to parking management based on parking use data collected over time. In addition, the ordinance would authorize the Manager to establish a Parking Management Advisory to advise the Manager and to coordinate parking management with the Docks and Harbors Board, and to address the intent of how parking fees collected will be utilized.

This ordinance would adopt the 2010 Downtown Parking Management Plan as part of the CBJ Comprehensive Plan and is intended to implement its recommendations.

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

c. Ordinance 2010-22
An Ordinance Amending The Land Use Code, Table Of Permissible Uses, And Making Related Amendments To Other Sections Of The Land Use Code.

Exhibit A

This ordinance would amend the Land Use Code, Table of Permissible Uses (TPU). The TPU sets the permitting requirements for land uses in each zoning district, as well as prescribing which uses are prohibited in each zoning district. This ordinance would revise the TPU to eliminate the Allowable Use Permit in all cases except where it is specified for mines in the Rural Mining District. The threshold between minor and major development would be amended to allow increased levels of development as minor development in most cases. Provisions of the TPU that appeared to conflict with Federal laws, e.g. the Religious Land Use, Institutionalized Persons Act of 2000, would be amended to eliminate potential conflicts. The ordinance would also amend other sections of the Land Use Code to conform to the TPU amendments.

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

d. Ordinance 2010-11(A)
An Ordinance Appropriating To The Manager The Sum Of $72,500 As Funding For The Purchase Of Lot 10, Block L, Pinewood Park 2 Subdivision; Funding Provided By The Lands Fund Balance.

This ordinance would appropriate $72,500 for the purchase of Lot 10, Block L, Pinewood Park 2 Subdivision. Funding is provided by the Lands Fund Balance.

CBJ is partnering with the Juneau School District, Juneau Housing Trust, and the Southeast Alaska Guidance Association (SAGA) to build two “bungalow style” affordable homes on the property. This project would provide two affordable homes in Juneau and provide two years continuation of the Juneau Douglas High School home building program.

CBJ will be compensated for the purchase of the property, and all associated costs, at the time of sale, or earlier. The assessed value of the property is $70,000; the purchase price of the property is $72,500.

The Lands Committee recommended approval of this action at its June 14, 2010 meeting.

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

e. Ordinance 2010-11(B)
An Ordinance Appropriating To The Manager The Sum Of $104,565 As Funding For The Emergency Management Performance Programs; Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate a $104,565 grant from the Alaska Department of Military and Veterans Affairs for the Emergency Management Performance Grant.

These funds are slated to support the goals and activities of the 2010 Emergency Management Performance Grant. Activities funded by this grant include:

Writing Emergency Response Plans
Emergency Contingency Planning
Emergency Management Training
Emergency Exercises
Hazard Mitigation Assessment and Activities
Community Preparedness Coordination

The 50% match requirement for this grant will be fulfilled by staff wages.

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

f. Ordinance 2010-11(D)
An Ordinance Appropriating To The Manager The Sum Of $11,273 As Partial Funding For Phase II Of The City And Borough Historic Preservation Database Project; Grant Funding Provided By The State Of Alaska, Department Of Natural Resources.

Economic Impact Note

Phase II of the City and Borough Historic Preservation Database project would hire an architectural consultant to update the Chicken Ridge, Starr Hill, and Telephone Hill historic neighborhood surveys and upload this information to the City and Borough Historic Preservation Database; funds are provided from the Certified Local Government grant program administered by the Alaska Office of History and Archaeology.

The work performed under this project will be a combined effort of a contracted architectural consultant, the CBJ Historic Resources Advisory Committee, and the Project Manager. Total project costs are estimated to be $18,789.20. In accordance with using Historic Preservation Funds, CBJ is required to provide a 40% match, which will be fulfilled through staff wages from the Community Development Department operating budget. Total project costs include a 7% State administrative surcharge.

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

g. Ordinance 2010-11(E)
An Ordinance Appropriating To The Manager The Sum Of $50,000 As Partial Funding For The Eaglecrest Beginner Chairlift, Funding Provided By The Eaglecrest Foundation.

Economic Impact Note

The Eaglecrest Foundation conducted a fund raising campaign in support of the new beginner chairlift at Eaglecrest, the Porcupine Chairlift. Fifty thousand dollars would be appropriated and used as contingency funds for the chairlift project. If the funds are not expended when the project is closed out, the funds will be returned to the Eaglecrest Foundation.

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

h. Ordinance 2010-11(F)
An Appropriation Transferring To The Manager The Sum Of $12,046 As Funding For The Fleet Transit Account; Funding Provided By The Completed Transit Buses Replacement Capital Improvement Project
.

Economic Impact Note

The Transit Buses Replacement Capital Improvement Project (CIP) was originally established in FY03 to meet the match requirements stipulated in the grant agreement. The buses have been purchased and this CIP is complete. This ordinance would transfer the remaining FY03 Fleet match funds of $12,046 to the Fleet Transit Account and close the Transit Buses Replacement CIP.

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

i. Ordinance 2010-11(G)
An Ordinance Appropriating To The Manager The Sum Of $400,000 As Funding For The Juneau Affordable Housing Trust Fund, Funding Provided By The Low Income Housing Trust.

Economic Impact Note

This ordinance would appropriate $400,000 from the Low Income Housing Trust to provide funding for the Juneau Affordable Housing Trust Fund. If this ordinance were approved, the Affordable Housing Commission would create criteria for funding to promote and provide affordable housing in Juneau. The Affordable Housing Commission would solicit, evaluate, score, and recommend to the Assembly affordable housing projects that meet the criteria.

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

2. Resolutions

a. Resolution 2531
A Resolution De-Appropriating $29,112 From The Juneau International Airport Delta-1 Ramp, And $77,348 From The Runway Safety Area Environmental Impact Statement (EIS), Capital Improvement Projects.

Economic Impact Note

This resolution would de-appropriate $28,366 in Federal Aviation Administration (FAA) Grant Funding, $746 in State of Alaska Grant Funding from the “Construct Delta-1 Ramp” Capital Improvement Project (CIP), $75,365 in FAA Grant Funding, and $1,983 in State of Alaska Grant Funding from the “Runway Safety Area EIS.”

Both CIPs were completed under budget, and require this budget de-appropriation in order to close the project accounts.

The Airport Board recommended approval of this action at its June 9, 2010 meeting, and the Public Works and Facilities Committee recommended approval of this action at its June 21, 2010 meeting.

I recommend this resolution be adopted.

b. Resolution 2533
A Resolution Expressing Assembly Support For A 2010 Application For Funding Through The State Of Alaska, Department Of Transportation And Public Facilities, Municipal Harbor Facility Grant Program, In The Amount Of $2,900,000 For The Project Entitled “Statter Harbor Improvements.”

This resolution would express Assembly support for a harbor grant application to the Alaska Department of Transportation. The Docks and Harbors Board is applying for a $2.9 million grant under the Alaska Municipal Harbor Matching Grant Program to help finance the rebuilding of the launch ramp and moorage floats in Auke Bay in accordance with the Auke Bay Master Plan that the Board adopted in 2005. The grant requires a $2.9 million match from CBJ. The Docks and Harbors Board is proposing to match the grant with sales tax proceeds previously approved by voters for the Statter Harbor project. The grant is subject to Legislative appropriation.

The Docks and Harbors Board recommended approval of this action at its May 27, 2010 meeting.

I recommend this resolution be adopted.

c. Resolution 2534
A Resolution Expressing Assembly Support For A 2010 Application For Funding Through The State Of Alaska, Department Of Transportation And Public Facilities, Municipal Harbor Facility Grant Program, In The Amount Of $2,000,000 For The Project Entitled “Aurora Harbor Improvements.”

This resolution would express Assembly support for a harbor grant application to the Alaska Department of Transportation. The Docks and Harbors Board is applying for a $2 million grant under the Alaska Municipal Harbor Matching Grant Program to help finance the rebuilding of moorage floats and infrastructure in Aurora Harbor including the cruise ship tug moorage float. The grant would only provide enough money to replace Floats A, B, and C in the southern portion of the harbor. The estimated cost to replace all of the moorage at Aurora Harbors is $19 million. This grant requires a $2 million match from CBJ. The Docks and Harbors Board is proposing to match the grant with a current CIP fund of $0.5M that was designated for the replacement of the cruise ship tug-mooring float and $1.5M of harbor retained earnings. The grant is subject to Legislative appropriation.

The Docks and Harbors Board recommended approval of this action at its May 27, 2010 meeting.

I recommend this resolution be adopted.

d. Resolution 2535
A Resolution Authorizing The Manager To Negotiate And Enter Into A Revocable License For The Use Of 1.39 Acres Of Lot A, Juneau Subport Subdivision; Lot 12, Block 68 Of The Tidelands Addition To The City Of Juneau; And Lot 12A, Block 68 Of The Tidelands Addition To The City Of Juneau, For Parking By State Employees Adjacent To The Centennial Hall Parking Lot.

The CBJ has a revocable license with the State of Alaska, Department of Administration, for use of the parking lot adjacent to Centennial Hall, which expires on June 30, 2010. The State of Alaska utilizes the property for employee parking. To accommodate continued state employee parking, a revocable license for land use is required. The annual payment for the license has been $62,000. CBJ recently acquired ownership of the property between the Public Safety Building and the Juneau Arts and Cultural Center. A fair market appraisal was performed to determine compensation for the license area, including the new property. An annual rate of $111,000 is proposed for a five-year term.

The Assembly Lands Committee recommended adoption of this resolution at its June 14, 2010 meeting.

I recommend this resolution be adopted.

e. Resolution 2536
A Resolution Expressing Assembly Opposition To “Ballot Measure #1 - Initiative Prohibiting The Use Of Public Funds To Lobby Or Campaign; And Prohibiting Holders Of Government Contracts And Family Members From Making Political Contributions,” Which Will Be On The August, 2010, Alaska Primary Election Ballot.

Proposed Ballot Language

This resolution would express Assembly opposition to an initiative scheduled to appear on the August 2010, Primary Election Ballot. Information supporting the resolution opposing the ballot initiative comes from the Alaska Municipal League

I recommend this resolution be adopted.

f. Resolution 2537
A Resolution Requesting The Assumption Of State Of Alaska, Department Of Transportation And Public Facilities’ Responsibilities Related To Planning, Preliminary Design, And Permitting Of An Extension To The North Douglas Highway.

In accordance with AS 35.15.080, Local Control of State Public Works Projects, a resolution of request from the Assembly is required to access State of Alaska funding for the construction of an extension of the North Douglas Highway. In particular, this resolution requests assumption of State of Alaska responsibilities related to planning, preliminary design and permitting for the project. With the transfer of responsibility, CBJ would be required to comply with all state and federal laws, procedures, and regulations related to the construction of a Very Low-Volume Local Road as defined by the American Association of State Highway and Transportation Officials. A future resolution may be required to access project funding for construction, or the funding may be appropriated by the Alaska State Legislature to a grant from the Department of Commerce.

The Assembly Lands Committee recommended adoption of this resolution at its June 14, 2010 meeting.

I recommend this resolution be adopted.

3. Transfers

a. T-915, Transferring $4,603 From The Completed Mendenhall River/Lemon Creek Hydrology Capital Improvement Project (CIP) To The Mendenhall River Stabilization CIP.

Impact of Budget Action

This request would authorize the transfer of $4,603 from the completed Mendenhall River/Lemon Creek Hydrology capital improvement project into the on going Mendenhall River Stabilization capital improvement project.

The Public Works and Facilities Committee recommended approval of this action at its June 21, 2010 meeting.

I recommend this transfer be approved.

b. T-918, Transferring $500,000 From The Airport Revolving Capital Reserve Account (ARCRA) To The Runway Safety Area CIP.

Impact of Budget Action

This ordinance transfers $500,000 from the Airport Revolving Capital Reserve Account (ARCRA) to the Runway Safety Area (RSA) CIP to meet the Local Match Requirement.

This is a temporary funding measure, and the ARCRA will be reimbursed from royalty payments from the dredging of the float pond; the pond is being dredged this year to provide about 800,000 cubic yards of fill material for the RSA construction project and other areas being developed on the Airport. The FAA will pay the Airport for this material at a rate of $2.25 per cubic yard, from Airport Improvement Program grant funds in upcoming grant amendments. $500,000 of the royalty payments would reimburse the ARCRA.

The Airport Board recommended approval of this action at its June 9, 2010 meeting

The Public Works and Facilities Committee recommended approval of this action at its June 21, 2010 meeting.

I recommend this transfer be approved.

c. T-919, Transferring $127,392 From Three Closing Eaglecrest Capital Improvement Projects (CIP) To The Beginner Chairlift CIP.

Impact of Budget Action

This transfer would close three CIPs, two of which are completed (Trail Maintenance and Mid Mountain Chairlift) and the third is being consolidated as a housekeeping measure.

The Public Works and Facilities Committee recommended approval of this action at its June 21, 2010 meeting.

I recommend this transfer be approved.

4. Bid Award

a. Docks and Harbors - DH10-400 Port Customs and Visitors Center.

 

This project consists of construction of pile supported dock infill, two buildings - a Visitor Center and a Port and Customs Building, also construction of a portion of the Seawalk.

Bids were opened on June 22, 2010. The bid protest period expired at 4:30 p.m. on June 23, 2010. Results of the bid opening are as follows:

RESPONSIVE BIDDERS TOTAL BID
North Pacific Erectors, Inc. $8,039,689
Dawson Construction, Inc. $8,956,000
Trucano Construction Company $9,548,954

Engineer's Estimate: $7,765,570
Project Manager: Gary Gillette, Port Engineer

Funding Source: Marine Passenger Fees, Port Development Fees, State DCCED Grants

CIP No.: H354-95

Total Project Funds: Approximately: $9,640,000
Construction: $8,039,689
Construction Contingency: Approximately $400,000
Consultant Design: Approximately $600,000
Consultant Contract Administration/Inspection: Approximately: $400,000
CBJ Administrative costs: Approximately: $200,000

The Docks and Harbor Board will consider this bid award for approval at its regular public meeting on June 24, 2010.

I recommend award of this project to North Pacific Erectors, Inc., in the total bid amount, for a total award of $8,039,689.

VIII. PUBLIC HEARING

A. Ordinance 2010-18
An Ordinance Amending The Litter Code And Establishing A Penalty.

This ordinance would expand the fine for littering to include instances in which less than one square foot of litter is illegally deposited. Current code has a minimum threshold of one square foot. The ordinance would provide a reduced fine not to exceed $50 for depositing less than one square foot of litter illegally and also updates the fine schedule to match the litter code.

I recommend this ordinance be adopted.

B. Ordinance 2010-19
An Ordinance Amending The Sales Tax Code And The Hotel-Motel Room Tax Code Regarding The Tax Collection Discount.

Under the CBJ Sales Tax Code, merchants who timely file and remit sales tax in full are allowed to take a credit of up to 1% of the tax due to compensate for costs of compliance. This ordinance is a housekeeping measure to bring the code in line with long-standing business practice.

This ordinance would allow for a minimum Hotel Tax collection discount, equal to the General Sales Tax collection discount, and clarifies that the collection discount can only be applied up to the total of the tax liability.

Presently, the Hotel Tax collection discount is 1% of the tax due and the General Sales Tax collection discount is 1% of the tax due, with a minimum of $10. Both the General Sales and Hotel Taxes are reported using the same methodology and form. Having the collection discount match for both tax types will be less confusion for the merchant and easier for staff. This ordinance also clarifies the code to comply with the business practice of only
allowing collection discounts up to the amount of the taxes reported. Collection discounts cannot create a credit or a refundable balance. Neither of these changes will have a material impact on revenues.

I recommend this ordinance be adopted.

C. Ordinance 2009-08(AK)
An Ordinance Appropriating To The Manager The Sum Of $3,640,000 As Partial Funding For The Auke Bay Loading Facility, Phase II, Capital Improvement Project, Grant Funding Provided By The Transportation Investments Generating Economic Recovery Grant Program.

Economic Impact Note

This ordinance would appropriate a $3.64 million grant from the U.S. Department of Transportation Maritime Administration to fund completion of the Auke Bay Loading Facility.

The grant would allow the Docks and Harbors Board to complete the additive alternate bid components that were not constructed during the initial phase of the project due to lack of funds. The primary elements of work under the grant include additional fill area to the limits of the existing Corps of Engineers Permit, concrete planks for surfacing of the loading ramp, a loading ramp boarding float, water line extension to the main float, increased crane capacity, security fence and gate, equipment building, corrosion protection for steel piling, asphalt paving, and associated work.

The department expects to bid the work as soon as possible, with construction anticipated to be completed in the spring of 2011.

The Docks and Harbors Board approved support of this resolution at its April 29, 2010 meeting.

I recommend this ordinance be adopted.

D. Ordinance 2009-08(AO)
An Ordinance Appropriating To The Manager The Sum Of $1,940 As Funding For The Juneau Police Department’s “Every 15 Minutes-Mock Car Crash Program,” Grant Funding Provided By The Alaska Department Of Transportation.

Economic Impact Note

On May 20, 2010, the Juneau Police Department, in conjunction with the Juneau School District, hosted the “Every 15 Minutes” program. This program was developed in Canada, and first implemented in the United States by the Chico Police Department in 1995, when statistics showed that a person was killed every 15 minutes in an alcohol-related collision. Now, alcohol-related fatalities occur every 30 minutes.

This is a program focusing on juniors and seniors challenging them to think about drinking, driving, personal safety, the responsibility of making mature decisions, and the impact their decisions have on family, friends, and community.

The Alaska Highway Safety Office has provided a grant of $1,940 to assist in covering the costs to stage this event.

There are no matching requirements for this grant.

I recommend this ordinance be adopted.

E. Ordinance 2009-08(AP)
An Ordinance Appropriating To The Manager The Sum Of $82,460 As Funding For The Central Council Of Tlingit And Haida Indian Tribe Of Alaska And City And Borough Of Juneau Joint Roadway Repaving Project, Grant Funding Provided By The Central Council Of The Tlingit And Haida Indian Tribes Of Alaska.

CCTHIT-CBJ           CCTHIT-ARRA

The Central Council of the Tlingit and Haida Indian Tribes of Alaska (CCTHITA) has provided an additional $82,460 of federal funding for the CCTHITA/CBJ joint roadway-repaving project. This will be accomplished by an amendment to the Reimbursable Services Agreement between CCTHITA and CBJ.

This ordinance would appropriate the additional $82,460 for the CCTHITA and CBJ Joint Roadway Repaving project, funding is provided by the American Recovery Reinvestment Act stimulus funds through CCTHITA, increasing CBJ’s reimbursable total to $525,869. The terms of the reimbursable services between the CCTHITA and CBJ are not changed by this amendment.

The additional funding will be used to repave Cinema Drive.

The Public Works and Facilities Committee recommended approval of this action at its May 24, 2010 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Resolution 2532(b)
A Resolution Establishing the Aquatic Facilities Advisory Board.

The Assembly directed the City Attorney to draft a resolution creating an advisory committee for the two community swimming pools This resolution would create the Aquatic Facilities Advisory Board that would provide input to the Assembly and City Manager on matters involving the Augustus Brown Swimming Pool and the new Dimond Park Aquatic Facility.

Version b incorporates amendments to the resolution that were made by the Committee of the Whole at its meeting on June 21, 2010.

I recommend this resolution be adopted.

X. NEW BUSINESS

A. CFA E10-213 Design and Installation of Art for Harborview Elementary School

An Art Selection Panel (Panel) conducted a Call for Artists in March and April 2010. Art proposals were received from 13 artists, from which six were selected by the Panel. The following art proposals have been selected to be placed in Harborview School:

Catotti and Goldberg Art Studio - Haines, Alaska
Proposal: etched glass pieces with water and play themes
Award amount: $20,000

Dan Deroux – Juneau, Alaska
Proposal: painting/sculpture, ocean and sky images
Award amount: $50,000

Extreme Dreams – Haines, Alaska
Proposal: glass tile mosaic of ocean to the sky
Award amount: $12,000

Roger Nachman Glassworks – Seattle, Washington
Proposal: hanging glass “raindrops” and other glass pieces
Award amount: $40,000

Lisa Rickey – Juneau, Alaska (studying in Seattle, Washington)
Proposal: several raven sculptures
Award amount: $20,000

I recommend approval of the art contracts awards.

B. Docks and Harbors – Transportation Investment Generating Economic Recovery (TIGER) Grant – Professional Services Contract Amendment

CBJ Ordinance Title 85 requires the Docks and Harbors Board to obtain approval from the Assembly for all contracts greater than $100,000. The Docks and Harbors Board requests approval for a contract with PND, Inc. in the amount of $122,712 to provide professional services as necessary to solicit bids for the construction of improvements to the Auke Bay Loading Facility as set out in the TIGER grant award. Work is estimated at $3.3 million and includes construction of additional uplands, pavement and landscaping improvements to uplands, and improvements to the barge-landing ramp.

Most of the work contemplated in the TIGER grant was largely set out in conceptual facility plans. PND, Inc. was competitively selected to produce the conceptual plans and the original bid documents, including several additive alternates. The Board was unable to prosecute all of the work at the time of bid due to lack of funding. The TIGER grant provides the funding necessary to move forward with the additional work. Under the professional services contract, PND will produce bid documents and provide services during the bid solicitation.

The Docks and Harbors Board reviewed the contract at its April 29, 2010 meeting and recommended the Assembly approve the contract.

C. Docks and Harbors Regulations - Amendments to Waterfront Sales Permit Regulations

The Docks and Harbors Board is proposing to amend the Waterfront Sales Permit Regulations to eliminate the requirements for providing evidence of actively selling and the limitation allowing an interest in only one permit.
These requirements were an effort to prevent a single entity from buying up all the permits and allowing them to go dormant and unused. This is no longer an economically viable option since the permits are now auctioned and, at the current auction bidding prices of approximately $50,000 each, would require an investment of over half a million dollars. And that is assuming a single industry would be able to outbid all other bidders for several years since the permit sales are staggered over a several year period. Additionally, assuring that no permit holder actually has an interest in more than one permit has proven to be unverifiable.

The regulation 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 choose 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

A. City Attorney Evaluation

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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