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, May 2, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-11

 

Submitted by: Rod Swope, City Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Public Service Recognition Proclamation

IV. APPROVAL OF MINUTES

A. April 11, 2011 – Regular Assembly Meeting 2011-09

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 2011-14
An Ordinance Amending The Official Zoning Map of the City and Borough To Change the Zoning of Tidelands Addition Block 50, Lots 14, 15, Fr 16, The Breakwater Inn and Restaurant, From D-5 Residential to Waterfront Commercial.

Exhibit A

The Breakwater Inn is requesting a zone change from D-5 Residential to Waterfront Commercial. The Breakwater was legally constructed in 1966 under commercial zoning. The property was changed to residential zoning in 1969. Under the current D-5 zoning, the Breakwater can maintain but not expand the commercial uses that were first established in 1966.

The site is designated Waterfront Commercial in the 2008 Comprehensive Plan. The Comprehensive Plan defines Waterfront Commercial as:

Land to be used for water-dependent commercial uses such as marinas/boat harbors, marine vessel and equipment sales and repair services, convenience goods and service for commercial and sport fishing, marine recreation and marine ecotourism activities such as food and beverage services, toilet and bathing facilities, bait and ice shops, small-scale fish processing facilities, hotels and motels, and similar goods and services to support mariners and their guests. Float homes, house boats, and live-aboards would be residential uses to be allowed within a WC district, if adequate services (such as sewer) are provided to the moorage slips. Residences at a density of up to 18 units per acre would be allowed on upland properties in the WC district only if they are above water-dependent ground-floor uses in the same structure. [emphasis added]

The Planning Commission recommends that the Assembly adopt the Director's analysis and findings as amended by the Planning Commission, and recommends the Assembly approve rezoning the subject parcel from D-5 Residential to Waterfront Commercial with the following condition, which is intended to address potential impacts to the adjacent neighborhood:

1. Any new or expanded use on the parcel shall require a Conditional Use Permit.

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

b. Ordinance 2010-11(AQ)  
An Ordinance Appropriating To The Manager The Net Sum Of $3,750 To Adjust The Public Library Assistance Grant And The Regional Mail Services Grant, For The Actual Amounts Received, Grant Funding Provided By The State Of Alaska Department Of Education And Early Development.

Economic Impact Note

This housekeeping measure would appropriate $3,750 to adjust the FY11 Library grant budgets to the actual amounts received. Two grants, as described below, are involved in this adjustment:

1. The Public Library Assistance grant will be adjusted downward from a budgeted $19,000 to the amount received of $18,900, a decrease of $100; and,

2. The Regional Mail Services grant will be adjusted upward from a budgeted $90,900 to the amount received of $94,750 an increase of $3,850.

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

c. Ordinance 2010-12(A)
An Ordinance To Adjust The FY11 Juneau School District Operating Budget, Special Revenue Budget, And Other Budget To Closer Approximate Actual FY11 Revenues And Expenditures.

This ordinance will make the following FY11 School District budget changes:

General Operations $ (816,800)
Special Revenue 67,000
Special Revenue Other 523,300
Total Budget Changes $ (226,500)

Funding for the changes is provided from the following –

School District General Operation Fund Balance Usage $ 120,900
School District Special Revenue Fund Usage (61,500)
State Foundation Funding (423,700)
State Contribution to PERS/TRS (600,000)
State Grants 211,700
Federal Grants 218,400
User Fees (4,500)
CBJ Support To School District General Operations (39,000)
Support From Other Funds 351,200
Funding Sources for Changes $(226,500)

These adjustments are requested by the School District due, in part to student enrollment falling short of projections, which reduces both the State Foundation Funding and CBJ allowable support to Education for operations, and to a net increase in State and Federal grants. The School District General Operations Fund balance replaces a portion of State Foundation funding and CBJ support for District general operations. In addition, State and Federal grant monies, and Support from other sources, were received beyond the FY11 Assembly Adopted Budget.

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

2. Resolutions

a. Resolution 2577
A Resolution De-Appropriating $308,850 From The Local Improvement District No. 130 And $15,128 In Alaska Department Of Environmental Conservation Loan From The Lower Mendenhall Sewer Expansion-Peterson Hill Phase Capital Improvement Project.

Economic Impact Note

This resolution would de-appropriate $15,128 in Alaska Department of Environmental Conservation Loan Funding, and $308,850 in property assessments from Local Improvement District (LID) No. 130 in the “Lower West Mendenhall Sewer Expansion” Capital Improvement Project.

LID No. 130 is completed and this budget de-appropriation is required in order to close the LID.

The Public Works and Facilities Committee recommended this action at its April 25, 2011 meeting.

I recommend this resolution be adopted.

b. Resolution 2578
A Resolution De-Appropriating $94,996 From The Lower Mendenhall Sewer Expansion Capital Improvement Project, Local Improvement District No. 98.

Economic Impact Note

This resolution would de-appropriate $94,966 in Alaska Department of Environmental Conservation Loan Funding, from the Local Improvement District (LID) No. 98 in the “Lower West Mendenhall Sewer Expansion” Capital Improvement Project.

LID 98 was completed under budget. This budget de-appropriation would close LID 98.

The Public Works and Facilities Committee recommended this action at its April 25, 2011 meeting.

I recommend this resolution be adopted.

3. Bid Award
a. Term Contract B11-258 - Bid award for BioSolids Disposal Services

I recommend award of this project to Capital Disposal.

4. Liquor Licenses

a. Liquor License Transfers and Restaurant Designation Permit Applications

1. Transfer of Restaurant/Eating Place License #2641 (Transfer of ownership, location, name change, and application for a Restaurant Designation Permit)
FROM: Fernando & Marissa Abad d/b/a F&M Oriental Express Restaurant, Location 210 Seward Street, Juneau, AK
TO: Talisman, LLC d/b/a “245”
Location: 245 Marine Way, Juneau, AK

2. Transfer of Beverage Dispensary-Tourism License #586 (Transfer of ownership, name change, and application for a Restaurant Designation Permit)
FROM: Goldbelt Enterprises, Inc. d/b/a Goldbelt Juneau Hotel
TO: Yang Sing, LLC d/b/a Zen
Location: 51 W. Egan Drive, Juneau, AK (same location as previous license)

The above-listed liquor license transfers and applications for permit are before the Assembly to either protest or waive its right to protest these actions. The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses and found them to be in compliance with CBJ Code. In the event the Assembly does protest the above mentioned liquor licenses, 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.

I recommend the Assembly waive its right to protest the above liquor license transfers and approve the Restaurant Designation Permit applications.

VIII. PUBLIC HEARING

A. Ordinance 2011-09
An Ordinance Creating The Library Department.

The Library is currently a division within the Administration Department. This ordinance would create a Library Department similar to other CBJ Departments such as Engineering, Parks and Recreation, and Community Development. The Library’s function is public-focused whereas the Administration Department is focused on internal CBJ functions such as MIS, Human Resources, and Emergency Management that in turn provide services for the public. The CBJ library department would be comparable in size to several existing CBJ departments.

I recommend this ordinance be adopted.

B. Ordinance 2010-11(AL)
An Ordinance Appropriating To The Manager The Sum Of $131,285 As Partial Funding For The Gastineau Elementary Renovation, And $225,000 As Additional Funding For The Juneau School District Site Improvements, Funding Provided By 2003A General Obligation Bond Interest Income.

Economic Impact Note

This ordinance would appropriate $131,285 to the Gastineau Elementary School Renovation Capital Improvement Project (CIP) and $225,000 to the Juneau School District Site Renovation CIP.

Funds would be provided by the following:

1) Unbudgeted 2003A General Obligation Bond Interest Income of $356,285.

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

I recommend this ordinance be adopted.

C. Ordinance 2010-11(AM)
An Ordinance Appropriating To The Manager The Sum Of $27,262 For Completion Of The Amalga Harbor Launch Ramp Upgrade Capital Improvement Project, Funding Provided By The Harbors Fund Balance.

Economic Impact Note

This ordinance would appropriate $27,262 to close out the Amalga Harbor Launch Ramp Upgrade Capital Improvement Project. Funding will be provided by the Harbor Fund Balance.

The additional funding will cover expenditures to date and allow this project to be closed. This appropriation is proposed in conjunction with Resolution 2568, adopted on April 11, 2011, that de-appropriated $65,795 in ADF&G grant funds. As of February 28, 2011, the Harbors Fund Balance was approximately $3,571,700.

The Harbor Board recommended this action at its March 31, 2011 meeting.

The Public Works and Facilities Committee recommended this action at its April 4, 2011 meeting.

I recommend this ordinance be adopted.

D. Ordinance 2010-11(AN)
An Ordinance Appropriating To The Manager The Sum Of $57,996 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Transportation.

Economic Impact Note

This ordinance would appropriate $57,996 to the Runway Safety Area Capital Improvement Project. The funds come from an amendment to the State of Alaska Department of Transportation grant #68271, which is the matching grant to the FAA Airport Improvement Program grant #48.

The Airport Board recommended this action at its March 9, 2011 meeting. The Public Works and Facilities Committee recommended this action at its April 4, 2011 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2010-11(AO)
An Ordinance Appropriating to the Manager the Sum of $1,441,744 as Additional Funding for the Juneau International Airport Snow Removal Equipment Facility Capital Improvement Project, Grant Funding Provided by the Federal Aviation Administration.

Economic Impact Note

This ordinance would appropriate $1,441,744 to the Snow Removal Equipment Facility Capital Improvement Project. The funds come from an FAA Airport Improvement Program grant. Matching funds will be from the Alaska Department of Transportation, and from Passenger Facility Charges.

The Airport Board recommended this action at its March 9, 2011 meeting.

The Public Works and Facilities Committee recommended this action at its April 4, 2011 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Docks and Harbors – Contract Award – PND Downtown Cruise Ship Dock Design Services and Bid Documents

CBJ Ordinance Title 85 requires the Assembly to approve all Docks and Harbors contracts greater than $100,000. This action involves the award of a lump sum contract to PND, Inc in the amount of $2,747,500 for design services related to the replacement of the downtown cruise ship docks and a time and materials contract in an amount not to exceed $100,000 for permitting services related to the project.

If approved, the contracts would allow the Docks and Harbors Board to complete design work and prepare documents to bid the construction of new floating berths, and related items, depicted in design alternative 16B-3. This design alternative was arrived at after several years of study and has been presented to the Assembly, the public, and the cruise industry in several meetings over the past few years.

The Docks and Harbors Board approved this contract at its March 31, 2011 regular meeting. The Assembly Committee of the Whole reviewed the project plan consisting of the final design, project schedule, cost estimate, financing plan, and design services contract at its April 25, 2011 meeting. The Assembly adopted Resolution 2542 in September 2010, approving the concept of 16b. The Committee of the Whole at its April 25, 2011 meeting endorsed the project plan and forwarded the design contract to the Assembly for action at tonight’s meeting.

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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