City and Borough of Juneau
155 S. Seward Street
Juneau, Alaska 99801
tel. 907-586-5240
fax 907-586-5385
http://www.juneau.org

Assembly of the City and Borough of Juneau

ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA


Monday, February 7, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-03

 

Submitted by: Rod Swope, City Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. January 10, 2011 – Regular Assembly Meeting 2011-01

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 2011-03(b)
An Ordinance Amending The Personnel Management Code.

This ordinance would amend the existing Labor Management Code in three areas. First, it would provide for specific areas of expertise and background for volunteer members of the Personnel Board. Second, it would make the determination of how groups of employees are organized for collective bargaining purposes consistent with the framework of the National Labor Relations Act and the State of Alaska’s Public Employment Relations Act. Finally, it would provide clarified protocols for management and employee organizations during the collective bargaining process when deadlock or impasse occurs.

These changes are proposed with the intent of fostering harmonious labor management relations, providing clarity in determining collective bargaining units, and enhancing the collective bargaining process when disputes arise.

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

b. Ordinance 2011-05
An Ordinance Amending The Penal Code To Prohibit The Manufacture, Assembly, Distribution, Marketing, Sale, Use, Or Possession Of Substances Containing Synthetic Cannabinoids, And Providing For A Penalty.

This ordinance would prohibit the manufacture, sale, and possession of synthetic cannabinoids, “artificial marijuana.” It is modeled on a recently adopted Anchorage ordinance. Because drug laws are generally a state responsibility in Alaska, this ordinance is temporary, intended to be in effect only until the State takes substantially similar action, as is expected. The ordinance would make manufacture or sale of the products a misdemeanor, and possession an infraction, and includes escalating penalties for repeat offenses.

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

c. Ordinance 2010-11(AG)
An Ordinance Transferring $103,810 To The Open Space Waterfront Land Acquisition Capital Improvement Project, The Source Is Unexpended FY10 Marine Passenger Fees Budgeted To The General, Visitor Services, And Roaded Service Area Funds.

Economic Impact Note

This ordinance would transfer $103,810 of unexpended Marine Passenger Fees (MPF) revenues budgeted for specific purposes in FY10 and not expended by the fiscal year end to the Open Space Waterfront Land Acquisition CIP. This transfer is consistent with the Assembly’s direction on the disposition of unexpended MPF funds.

The FY10 transfer consists of:

• Downtown Sidewalk Maintenance Funds $ 14,260
• Downtown Foot and Bike Patrol Funds $ 34,180
• Downtown Ambassador Program Funds $ 12,700
• Downtown Historic District Development Design $ 35,000
• JCVB Crossing Guard Program $ 7,670

For accounting purposes, the funds will first be refunded to the Marine Passenger Fee Fund (MPF) and then be transferred to the Open Space Waterfront Land Acquisition CIP.

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

d. Ordinance 2010-11(AH)
An Appropriation Transferring to the Manager the Sum of $14,090 As Funding for the Eaglecrest Fund Raising Operating Account, Funding Provided by the Challenge Grant Capital Improvement Project.

Economic Impact Note

This ordinance would transfer $14,090 from the Challenge Grant Capital Improvement Project, to the Eaglecrest Operating Account.

The Challenge Grant Capital Improvement Project was originally established in FY08 from a Rasmuson Foundation Grant. The Challenge grant was a dollar for dollar match of monies raised by the Eaglecrest Board of Directors and the Eaglecrest Foundation Board of Directors. A total of $16,000 was available for the grant award and the two boards raised a total of $14,090.

The Public Works and Facilities Committee approved this appropriation at its December 13, 2010 meeting and recommended forwarding it to the Assembly for approval.

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

2. Resolutions

a. Resolution 2558
A Resolution De-Appropriating $285,910 from the Eaglecrest Alpine Center/Challenge Grant Capital Improvement Projects and $50,000 from the Beginner Chair Lift Capital Improvement Project.

Economic Impact Note

This resolution would de-appropriate $285,910 in Rasmuson Foundation Grant Funding, for the “Alpine Race Training Center”and “Challenge Grant” Capital Improvement Projects (CIP) and $50,000 in Eaglecrest Foundation funds for the “Beginner Chair Lift” CIP.

The Alpine Race Training Center, which was allocated $284,000 in Rasmuson Foundation funds, was not undertaken due to concerns about a successful completion of the project using volunteer labor, and therefore the money requires a de-appropriation.

The Challenge grant was a dollar for dollar match of monies raised by the Eaglecrest Board of Directors and the Eaglecrest Foundation Board of Directors. A total of $16,000 was available for the grant award and the two boards raised a total of $14,090. This requires that $1,910 be de-appropriated.

The Beginner Chairlift was completed without requiring the $50,000 that had been appropriated from the Eaglecrest Foundation, and at this time, the $50,000 will be de-appropriated.

This resolution is in conjunction with 2010-11(H) of $14,090 in Rasmuson Grant funds transferred to Eaglecrest Operating Budget.

The Public Works and Facilities Committee approved this resolution at the December 13, 2010 meeting and recommended forwarding it to the Assembly for approval.

I recommend this resolution be adopted.

b. Resolution 2559
A Resolution Expressing Assembly Support For The Juneau Coordinated Transportation Coalition’s 2010 Addendum To The 2008 Transit Development Plan, Coordinated Human Services Element, To Be Submitted To The State Of Alaska Department Of Transportation.

Attachment

The Juneau Coordinated Transportation Coalition (JCTC) met and endorsed a grant application from Southeast Alaska Independent Living (SAIL) for the replacement of its Outdoor Recreation and Community Access (ORCA) 4x4 cutaway bus as the top local priority for this round of ADOT&PF equipment grants. To be considered for equipment grant funding, each community must prioritize its equipment projects and that priority list must be endorsed by motion or resolution by the local municipal government. This year SAIL submitted the only local equipment project to the JCTC.

I recommend this resolution be adopted.

c. Resolution 2560
A Resolution Expressing The Assembly’s Support For Including The Auke Bay Bike And Pedestrian Path Project In The Alaska Department Of Transportation And Public Facilities Statewide Transportation Improvement Plan.

The Alaska Department of Transportation/Public Facilities (DOT/PF) is in the process of scoring projects for the Statewide Transportation Improvement Plan (STIP). The scores for projects can be increased by providing a resolution of support from the local governing body. The Auke Bay Bike and Pedestrian Path project was left off the resolution that the Assembly passed earlier this month.

The Public Works and Facilities Commitee recommended approval of this resolution at its January 31, 2011meeting.

I recommend this resolution be adopted.

3. Transfers

a. T- 924
Transferring $35,838 From Two Completed Eaglecrest Capital Improvement Projects To The Mountain Operations And Lifts Capital Improvement Project.

Budget Impact

This transfer closes the Eaglecrest Deferred Maintenance and the Beginner Chair Lift CIPs, transfers additional funding to close the Alpine Center/First Aid Bldg CIP and provides the necessary funding to complete the Mountain Operations and Lifts.

The Public Works and Facilities Committee heard and approved this action at its December 13, 2010 meeting.

From:

D375-07 Eaglecrest Deferred Maintenance 4,343
D375-38 Beginner Chair Lift 31,495

To:
D375-39 Alpine Center/First Aid Bldg 4,705
D375-54 Mountain Operations and Lifts 31,133

I recommend this transfer be approved.

4. Bid Awards

a. Bid No. DH11-151
Auke Bay Loading Facility – Phase II

Phase II construction at Auke Bay Loading Facility will complete the facility as originally designed. The items included in the work are; concrete planks on the loading ramp, a boarding float, small storage building, additional fill at the west end, asphalt paving, and other miscellaneous items. Phase II is funded with a federal TIGER grant. The Phase II work was originally permitted, thus the project is ready for construction. The low bid is less than the engineer’s estimate. The Harbor Board recommended this action at its January 27, 2011 meeting.

I recommend the bid be awarded to Southeast Earthmovers, Inc. in the amount of $2,452,757.25, which includes the base bid and additive alternate.

b. Bid No. E11-137
Gastineau Elementary School Renovation

Bids were opened on the subject project on January 11, 2011. The bid protest period concluded at 4:30 p.m. on January 21, 2011. Results of the bid opening are as follows:

McGraw’s Custom Construction Dawson Construction, Inc. North Pacific Erectors, Inc. Architects Estimate
Base Bid $7,565,000 $8,887,000 $9,095,054 $9,008,065
Alternate No. 1
Infill at Mid-Building Entry $38,600 $38,000 $43,213 $37,454
Alternate No. 2
Kitchen Equipment $41,600 $40,000 $34,017 $63,123
Alternate No. 3
Civil and Landscape – Plan North and East $514,000 $480,000 $482,554 $523,046
Alternate No. 4
Civil and Landscape – Plan West $413,000 $360,000 $412,819 $323,038
Alternate No. 5
Gymnasium Upgrades $142,600 $148,000 $186,015 $178,860
Alternate No. 6
Mechanical Upgrades $34,800 $34,000 $26,652 $12,718
Alternate No. 7
Video Surveillance $25,400 $24,000 $27,847 $74,807
Alternate No. 8
Play Area Lighting $17,700 $16,000 $21,685 $16,652
TOTALS $8,792,700 $10,027,000 $10,329,856 $10,237,763

Project Manager: Nathan Coffee

Project Description: The Gastineau Elementary School Renovation project will be undertaken in two summer construction seasons. The project will upgrade the school site with asphalt paving, concrete walls and flatwork, landscaping, lighting, utilities, and furnishings. The project will perform comprehensive renovations to the school building, including the following work: hazardous material abatement, concrete, masonry, structural steel, metal fabrications, gratings, wood and metal framing, casework and countertops, insulation, roofing, metal siding and flashing, doors, windows, gypsum wall board, carpet, linoleum tile, ceramic tile, athletic flooring, painting, wall coverings, acoustic ceiling tile and specialty ceilings, specialties, fixed furnishings, commercial kitchen equipment, plumbing, fire sprinklers, HVAC, controls, electrical power and lighting, special electrical systems, and other work.

Funding Source: Alaska bond proceeds and interest bonds. State of Alaska, Department of Education and Early Development.

Total Project Funds: $11,800,000*
*An additional $1,231,285 will be transferred from the District Wide Major Maintenance CIP
CIP No.: 454-94
Construction Encumbrance: $8,792,700
Construction Contingency: Approximately $765,000
Consultant Design: Approximately $700,000
Consultant Construction Administration/Inspection: Approximately $290,000
CBJ/JSD Administrative Costs: Approximately $460,000

I recommend award of this project to McGraw’s Custom Construction for the Base Bid and Additive Alternate Nos. 1 through 8, for a total award of $8,792,700.

5. Liquor License

a. Liquor License Applications

The following list of liquor license renewals are before the Assembly to either protest or waive the right to protest these renewals. There is also an application for a Restaurant Designation Permit up for approval by the Assembly. The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses and found them to comply with CBJ Code and are recommending the Assembly waive its right to protest these renewals and approve the Restaurant Designation Permit. In the event the Assembly does protest one or more of the above-mentioned liquor license renewals or denies the permit, CBJ Code 20.25 requires notice, with specificity regarding the nature and basis of the protest, to be sent to the licensee and provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

Beverage Dispensary Licenses:
Lucky Lady Inc. d/b/a Lucky Lady ~ Beverage Dispensary License #674, location: 192 S. Franklin St.
Los Arcos Inc. d/b/a G. W. Teal~ Beverage Dispensary License #2728, location: 9105 Mendenhall Mall Road
Jack D. & Arlene Tripp d/b/a Viking Restaurant & Lounge ~ Beverage Dispensary License #2533, location: 8335 Airport Blvd.
BCM Inc. d/b/a Marlintini's Lounge ~ Beverage Dispensary License #644, location: 9121 Glacier Hwy. 2nd Floor

Package Store Licenses:
Oke Hui Rodman d/b/a Percy's Liquor Store ~ Package Store License #849, location: 214 Front Street
Papdrew Inc. d/b/a Papadrew's ~ Package Store License #828, location: No Premise
Breeze In Corporation d/b/a Douglas Island Breeze-In ~ Package Store License #662, location: 3370 Douglas Hwy. (Douglas)
Allan Ahlgren & Michael Corcoran d/b/a Breeze In Liquor ~ Package Store License #176, location: 8 Mile Old Glacier Hwy. (Valley)
Breeze In Corporation d/b/a Breeze In ~ Package Store License #4543, location: 5711 Concrete Way (Lemon Creek)

Restaurant Eating Place Licenses:
DJ LLC d/b/a Asiana Gardens ~ Restaurant Eating Place License #4731, location: 9116 Mendenhall Mall Road
The Silverbow, LLC d/b/a Silverbow Bakery & Catering ~ Restaurant Eating Place License #2175, location: 120 Second Street, Juneau
Bullwinkles Inc. d/b/a Bullwinkles Pizza ~ Restaurant Eating Place License #1690, location: 2687 Mendenhall Mall Road

Other Licenses:
Juneau Moose Lodge #700 d/b/a Loyal Order of Moose #700 ~ Club License #4034, location: 8335 Airport Blvd.
Alaska Travel Adventures Inc. d/b/a Gold Creek Salmon Bake ~ Recreational Site Seasonal License #3409, location: 1061 Salmon Creek
Alaska Zipline Adventures, LLC d/b/a Alaska Zipline Adventures ~ Recreational Site Seasonal License #4700, location: 3000 Fish Creek Road
Southern-Odom Wine & Spirits of Alaska LLC d/b/a Southern-Odom Wine & Spirits of Alaska ~ Wholesale General License #4859, location: 5452 Shaune Drive Bay 2

Restaurant Designation Permit Application:
Valley Restaurant LLC d/b/a The Valley Restaurant ~ Restaurant/Eating Place License #3049, location: 9320 Glacier Hwy., Juneau

I recommend the Assembly waive its right to protest the above Liquor License Renewals and approve the Restaurant Designation Permit.

VIII. PUBLIC HEARING

A. Ordinance 2010-11(AD)
An Ordinance Appropriating To The Manager The Sum Of $19,129 As Partial Funding For The Main Street Improvements, Second To Seventh; Funding Provided By 2003B General Obligation Bond Interest Income.

This ordinance would appropriate $19,129 in bond interest income to the Capital Improvement Project (CIP) Main Street Improvements, Second to Seventh.

Funds would be provided by the following:

1. Unbudgeted 2003B GO CIP Bond Interest Income of $19,129.

The Assembly Public Works and Facilities Committee recommended this action at its January 3, 2011 meeting.

I recommend this ordinance be adopted.

B. Ordinance 2010-11(AF)
An Ordinance Appropriating To The Manager The Sum Of $765,000 As Funding For The Acquisition Of Equipment For The Fire Department, Eaglecrest, And Parks And Recreation – Park Maintenance; Funding Provided By The Equipment Replacement Reserve Fund Balance.

Economic Impact Note

This ordinance would appropriate $765,000 for the purchase of equipment for the Fire Department, Eaglecrest, and Parks and Recreation – Parks Maintenance. Funding would be provided by the Equipment Replacement Reserve fund balance. These purchases were originally scheduled for late FY10. In an effort to reduce costs, the purchase of these items was delayed until FY11.

Items included in the FY10 equipment replacement budget being requested to be brought forward to the FY11 equipment replacement budget are:

• Capital City Fire and Rescue - replacement of one fire engine. The Equipment Replacement Reserve schedule has the purchase of one engine during FY10 and a second in FY11. It was decided to delay the purchase of the first engine, $540,800, until FY11 to take advantage of cost savings gained by ordering the two engines together. The purchase delay decision was made after the FY11 budget was presented and adopted by the Assembly. An additional amount, $56,400 per engine, has been added to cover an increase in the cost of the engines.

• Parks Maintenance delayed the purchase of a One Ton Pick-Up with a snowplow and hydraulics budgeted for $57,900 until FY11 to allow the department time to research potential cost savings.

• Eaglecrest is acquiring a used Cat Loader from Public Works. The cost of repairs and maintenance to the Cat Loader will exceed the original estimate by $19,000. In addition, the FY10 budget for Eaglecrest included a Snowmaker for $17,500, a Snowmobile for $9,000 and an ATV for $8,000. Again, the decision to delay the purchases did not occur until after the adoption of the FY11 budget.

The Assembly Public Works and Facilities Committee recommended this action at its January 3, 2011 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Docks and Harbors Contract Amendment to PND Engineers for Statter Harbor Renovation

This contract amendment would include design and construction bid documents for renovation of the existing float system at Statter Harbor. The project includes replacement of the head float, refurbishing the existing gangway, installation of a new gangway float, repair of existing floats and connections, repair/replacement of electrical, and other associated work. The contract is based on time and materials to a maximum of $298,354.

The Harbor Board approved this contract amendment at its January 27, 2011 meeting.

B. Proposed Amendments To Docks and Harbors Regulation Regarding Waterfront Sales Permits

This regulation would amend CBJ’s waterfront sales permit regulation set out in 05 CBJAC 10. The waterfront sales permit regulations govern the sale of tours on public property at the municipal waterfront.

The Docks and Harbors Board adopted the amendments at its January 27, 2011 meeting, after working with permit holders since the end of the 2010 season. Several meetings were held to discuss the regulation, and changes were made to address concerns and incorporate many of the permit holders’ recommendations.

The amendments clarify the section of the regulation dealing with the prohibition of owning more than one permit. This change also provides the Port Director with additional authority to determine if a person has an ownership interest in more than one permit. A minor change was made to incorporate current business practices dealing with allowable signage on the sales booths. The final change was to further define conduct that is prohibited during the sale of tours at the booths.

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



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