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 14, 2012, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2012-13


I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition – Diane Andresen

IV. APPROVAL OF MINUTES

A. April 18, 2012 – Special Assembly Meeting 2012-10
B. April 23, 2012 – Regular Assembly Meeting 2012-11
C. May 2, 2012 – Special Assembly Meeting 2012-12

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 2011-11(AK)
An Ordinance Transferring $20,642 To The Sales Tax Fund, Funding Source Is The Juneau Bridge Repair Capital Improvement Project
.

This ordinance would return $20,642 in sales tax funds from the Juneau Bridge Repair Capital Improvement Project (CIP) to the Sales Tax Fund.

This CIP was partially funded with FY06 Street Sales Tax monies. After these funds were expended, CBJ received $20,642 from the State for this project. The project is complete, and the money received from the State can be used to reimburse the Sales Tax Fund.

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

2. Liquor Licenses

a. Liquor License Transfer and an Application for a Restaurant Designation Permit
Transfer FROM: Talisman, LLC d/b/a "245", location 245 Marine Way
Transfer TO: Sprazzo, LLC d/b/a Sprazzo, location 112 N. Franklin St.

b. New Restaurant/Eating Place Liquor License and Application for a Restaurant Designation Permit
Midnight Ninja Ventures Inc. d/b/a The Rookery Café, Location 111 Seward Street

The above-listed liquor license transfer and new license applications 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 and found them to be in compliance with CBJ Code.

In the event the Assembly does protest one or more of 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 actions.

VIII. PUBLIC HEARING

A. Ordinance 2012-23
An Ordinance Providing For The Issuance And Sale Of A Hospital Revenue Refunding Bond In The Aggregate Principal Amount Of Not To Exceed $28,200,000; Providing For The Form And Terms Of The Bond; Providing A Method Of Payment Therefore; And Reserving The Right To Issue Revenue Bonds On A Parity With The Bond Upon Compliance With Certain Conditions
.

This ordinance would authorize the issuance of up to $28.2 million in bonds to refund a Bartlett Regional Hospital (BRH) 2004 revenue bond issue. The original $28.845 million CBJ revenue bond was approved for issuance on June 28, 2004 pursuant to ordinance 2004-24. The amount being refunded is $25.57 million. If CBJ issues the refunding bonds in August 2012, the refunding will result in an estimated total savings of $829,000 over the remaining life of the bonds. However, it is our intention to delay the issuance of these bonds as long as practical to maximize the savings. Obtaining the authorization now allows CBJ to hold the refunding transaction until it is most advantageous.
The new bonds will be issued through the Alaska Municipal Bond Bank Authority (AMBBA) to gain maximum benefit. The term of the new issue will not change. BRH will pledge its revenues to the repayment of the revenue bond debt. BRH has been meeting its debt service obligations for the past seven years.

The BRH Board requested moving forward with this refunding proposal at its meeting of February 13, 2012.

I recommend this ordinance be adopted.

B. Ordinance 2012-24
An Ordinance Amending The Land Use Code Regarding Zoning Districts.

This ordinance would significantly increase residential density limits and add 10 feet to height limits in the Light Commercial, General Commercial, and Mixed Use 2 zoning districts. The ordinance would also reduce the minimum lot sizes in the Mixed Use and Mixed Use 2 zones.

The proposal would facilitate construction of more affordable market rate housing complexes in Juneau.

The Planning Commission recommended this action at its March 27, 2012 meeting. The Lands Committee recommended this action at its April 9, 2012 meeting.

I recommend this ordinance be adopted.

C. Ordinance 2011-10(A)b
An Ordinance Appropriating And De-Appropriating Funds For FY12 School District Operations

This ordinance would make the following FY12 School District budget changes –

General Operations $ 2,712,800
Special Revenue (194,300)
Total Budget Changes $ 2,518,500

These adjustments are requested by the School District due to student enrollment falling short of projections, which reduces both the State Foundation Funding and CBJ allowable support to Education for operations, to an increase in the State contribution for PRS/TRS and other changes in user fees and State and Federal grants.

This ordinance would appropriate additional expenditures for General Operations and de-appropriate expenditures in Special Revenue Operations.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Ordinance 2012-21b
An Ordinance Appropriating Funds From The Treasury For FY13 School District Operations.

Ordinance 2012-21 was introduced on April 4, 2012, and would have appropriated an FY13 operating budget of $90,668,200 to the School District.

Since introduction, the State adopted changes to the education foundation funding formula and provided one-time assistance which impacts the School District’s FY13 budget. Version b, before you, reflects those changes and would appropriate an FY13 operating budget of $92,475,700 to the School District.

The District’s FY13 budget request is supported with local funding of $24,446,500, which was approved, by motion, at the April 23, 2012 Regular Assembly Meeting. This consists of $23,676,500 for general operations, $565,000 for student activities ($200,000 is coming from the 1% sales tax), $70,000 for pupil transportation, and $135,000 for Community Schools. The $23,676,500 in general operating support is the maximum amount allowed under the State’s Education Foundation Funding Formula.

The School District’s FY13 Budget and local funding requests were reviewed by the Assembly Finance Committee. On May 2, 2012, the Assembly Finance Committee referred the School District’s FY13 budget request to the Assembly for adoption.

By Charter, the Assembly is required to appropriate the School District’s budget no later than May 31, 2011.

I recommend this ordinance be adopted.

X. NEW BUSINESS

A. Appeal – Conditional Use Permit SGE2011-0003, Montana Creek Rock Crusher.

On April 10, 2012, the Planning Commission approved a Conditional Use Permit SGE2011-0003, for sand and gravel extraction activity along Montana Creek Road at the West Glacier Borrow Pit Lot 1. The Notice of Decision in this matter was signed and filed with the Clerk’s Office on April 12, 2012.

On May 2, 2012, Peggy Mattson, Richard Mattson, and George Danner III filed a timely Notice of Appeal signed by 42 “concerned parties”.

The Notice of Appeal and the Notice of Decision are in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

The appellants, the permit holder, and the Planning Commission have been advised that this matter is before the Assembly.

The following procedural issues should be decided:

1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

B. Appeal – International Union of Operating Engineers (IUOE), Local 302 Appeal Of Personnel Board Decision And Order On Petition For Bargaining Unit Filed By Airport Field Maintenance Employees (April 20, 2012).

On April 20, 2012, the Personnel Board issued its final Decision And Order On Petition For Bargaining Unit Filed By Airport Field Maintenance. The petitioner, International Union of Operating Engineers, Local 302, AFL-CIO (IUOE) filed a timely Notice of Appeal of this decision with the Municipal Clerk’s Office on Wednesday, May 9, 2012.

The Notice of Appeal and the Notice of Decision are in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.
The following procedural issues should be decided:

1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

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. Petersburg Annexation
B. Waterfront Land Negotiations

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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