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, December 17, 2012, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2012-34

Submitted by: _____________________________
Kimberly A. Kiefer
City and Borough Manager


I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Proclamation Honoring Robert “Bob” J. Thibodeau
B. Proclamation – Gastineau Fire
C. Terry Hinkley – Parks and Recreation Landscape Supervisor

 

IV. APPROVAL OF MINUTES

A. November 26, 2012 - Regular Assembly Meeting 2012-31
B. December 05, 2012 – Special Assembly Meeting 2012-32

 

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 2012-20(AA)
An Ordinance Appropriating To The Manager The Sum Of $1,320.11 As Funding For A Mobility Manager, Grant Funding Provided By The Alaska Department of Transportation and Public Facilities.

This ordinance would re-appropriate $1,320.11 in unexpended FY12 funds from the State Matching Grant for the Mobility Management Grant. The original FY12 appropriation was $1,780.53 for the Matching Grant, which expired on 6/30/2012. The State has amended the grant agreement to allow for an extension through 6/30/2013. The Mobility Manager grant provides funds to coordinate resources and increase support of Coordinated Human Services Transportation providers.

 

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

 

b. Ordinance 2012-20(AB)
An Ordinance Appropriating To The Manager The Sum of $225,000 As Funding For A Rate Study For The Wastewater and Water Utilities, Funding Provided By The Wastewater and Water Utilities’ Fund Balances.

This ordinance would appropriate $225,000 to perform a current rate study for the Water and Wastewater Utilities.

The CBJ Public Works Department is updating the 2003 Water and Wastewater Utility Rate Study. The goal of the update is to ensure timely revisions are made to the rates charged to the customers of the water and wastewater systems. The rates are intended to cover the actual costs of operating the systems as well as set aside the anticipated financial resources needed for future replacement and improvements to the systems on a basis that is equitable to the customers.

The last rate study update was performed in 2003 and it is common practice to update the rate study on a ten-year cycle.

The cost of the study is estimated to be $225,000 with $150,000 coming from the wastewater fund balance and $75,000 coming from the water fund balance.

The study will include:
Benchmarking with other communities
Review of current rates
Review of current rate structure
Estimation of replacement and improvements costs for the next 10 years
Discussion of expanded metering; pros and cons
Analysis and recommendation of new rate structure
Public input as recommended by the consultant
Presentation of report

The Utility Advisory Board reviewed this request at its November 15, 2012 meeting and recommended forwarding it to the Assembly for approval.

The Public Works and Facilities Committee reviewed this request at its December 10, 2012 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 Assembly meeting.

 

2. Transfer

a. Transfer Request T-938
Transferring $200,000 from CIP W75-037 Last Chance Basin Hydro-Geo Investigation to new CIP Back Loop Road – Auke Bay Waterline Replacement

This action would transfer $200,000 from the ongoing Last Chance Basin Hydro-Geological Investigation Capital Improvement Project (CIP) to create a new CIP, which would provide funding for the replacement of a segment of water line at the Auke Bay intersection with Back Loop Road. The line was found to be corroding and in need of replacement during the planning for the ADOT Back Loop Road / Auke Bay roundabout project, occurring in 2013.

The transferred funds would provide needed funding for the replacement of the failing waterline segment along Back Loop Road at Auke Bay. The transfer is tabulated below:

From: CIP W75-037
Last Chance Basin Hydro-Geo Inv. $200,000

To: CIP NEW
Back Loop Road – Auke Bay Waterline Replacement $200,000

The Public Works and Facilities Committee reviewed this request at its December 10, 2012 meeting and recommended forwarding it to the Assembly for approval.

 

I recommend this transfer be approved.

 

b. Transfer Request T-939
Transferring $175,000 from the ongoing Capital Transit Bus Shelters Capital Improvement Project (CIP) to create a new CIP for Public Works Capital Transit – Transit Plan.

The transferred funds will provide needed funding for the completion of a new Capital Transit – Transit Plan. The transfer is tabulated below:

From: CIP D71-053
Capital Transit Bus Shelters $175,000
To: CIP NEW
Capital Transit – Transit Plan $175,000
The Public Works and Facilities Committee reviewed this request at its December 10, 2012 meeting and recommended forwarding it to the Assembly for approval.

 

I recommend this transfer be approved.


3. Liquor Licenses

a. Liquor License 2013/2014 Renewals

Restaurant/Eating Place Licenses:
License # 4731 - DJ LLC d/b/a Asiana Gardens, Location: 9116 Mendenhall Mall Road
License #2185 – Canton House, LLC d/b/a Canton House, Location: 8585 Old Dairy Road
License #816 – El Sombrero Inc. d/b/a El Sombrero Mexican & American Food, Location: 157 S. Franklin Street
License #4493 – Kwang LLC d/b/a Little Tokyo, Location: 140 Seward Street

 

Beverage Dispensary License:
License # 447 - Statewide Services Inc. d/b/a Glacier Restaurant & Catering, Location: 1873 Shell Simmons Drive

 

Package Store License:
License # 849 – Oke Hui Rodman d/b/a Percy’s Liquor Store, Location: 214 Front Street

 

Liquor License Location Transfer
Package Store License #828 Jack D. Tripp d/b/a Tripp’s Viking Liquor
Transfer from Location: 151 S. Franklin Street, Juneau
Transfer to Location: 218 Front Street, Juneau

The above-listed liquor license renewals for the 2013/2014 cycle and location transfer 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 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 2012-20(X)
An Ordinance Appropriating to the Manager the Sum Of $138,500 As Funding for the State Homeland Security Program, Grant Funding Provided by the State of Alaska Department of Military and Veterans Affairs.

This ordinance would appropriate $138,500 for the 2012 State Homeland Security Programs Grant from the Alaska Department of Military and Veterans Affairs. These funds would be used to support the goals and activities of the Emergency Management program through funding of training, exercises and equipment purchases. These items include:

Microwave Data Links for JPD/CCFR and the 911 System - $125,000
Statewide Disaster Exercise Alaska Shield Planning Meeting Travel - $7,500
Incident Command System Position-Specific Training for Juneau Emergency Operations Center Command Staff - $6,000

The term of this grant is October 1, 2012 through March 31, 2014 and there is no match requirement for this grant.

 

I recommend this ordinance be adopted.

 

B. Ordinance 2012-20(Y)
An Ordinance Appropriating To The Manager The Sum Of $275,000 As Funding For The Juneau-Douglas City Museum Remodel Capital Improvement Project, Grant Funding Provided By The National Endowment for the Humanities.

This ordinance would appropriate $275,000 of grant funds from the National Endowment for the Humanities (NEH) for an energy efficient climate control system at the Juneau-Douglas City Museum. The grant funds would be added to the ongoing Juneau-Douglas City Museum Remodel Capital Project.

There is no match requirement for the NEH grant.

The Public Works and Facilities Committee heard this action at its October 29, 2012 meeting and recommended forwarding it to the Assembly for approval.

 

I recommend this ordinance be adopted.

 

C. Ordinance 2012-20(Z)
An Ordinance Appropriating To The Manager The Sum Of $50,000 For The Mendenhall River Community School Renovation Capital Project, Funding Provided By The Harborview Elementary School Renovation Capital Project Unexpended Bond Interest.

This ordinance would appropriate $50,000 in interest from the Harborview Elementary School Renovation capital project (S02-089) to a new capital project titled “Mendenhall River Community School Renovation.”

Originally constructed in 1983, a major renovation has not occurred at this 58,000 square foot elementary school, with the exception of a roof replacement in 2000. The School District is particularly interested in potential energy efficiency improvements (lighting and HVAC controls), installation of security cameras, safety improvements to exterior fencing, improvements to special electrical systems (fire alarms, telephone, intercom, etc.), and replacement of worn-out finishes. Completion of a facility condition survey to assess architectural, site civil, structural, mechanical, electrical, and hazardous materials is the next step in this project.

The Juneau School Board recommended the $50,000 appropriation at its October 16, 2012 meeting.

The Public Works and Facilities Committee heard this action at its October 29, 2012 meeting and forwarded it to the Assembly for approval.

 

I recommend this ordinance be adopted.

 

D. Ordinance 2012-44
An Ordinance Providing For The Issuance And Sale Of General Obligation Bonds In One Or More Series To Provide Net Proceeds Not To Exceed $25,000,000; And Providing For The Form And Terms Of The Bonds And For Unlimited Tax Levies To Pay The Bonds.

This ordinance would authorize the issuance of $25,000,000 in general obligation bonds for a period of 20 years. The voters authorized this bond issue on October 2, 2012. The bond proceeds will be used to fund (all or part) of capital improvement projects.

On October 2, 2012 the voters also authorized the use of $10 million dollars of sales tax proceeds to fund the first 5 years of debt service. The remaining debt service would be paid with property tax proceeds. Beginning in 2019, for a period of 15 years, the debt service would require an annual tax levy of $39 per $100,000 of assessed property value.

This ordinance was reviewed by the Finance Committee, with the assistance of CBJ bond counsel, on December 5, 2012 and referred to the Assembly.

 

I recommend this ordinance be adopted.

 

IX. UNFINISHED BUSINESS

 

X. NEW BUSINESS

A. Liquor License Protest

License #673 – Peterson Pacific Holdings d/b/a Louie’s Douglas Inn, Location: 915 3rd Street, Douglas

On February 14, 2012, CBJ protested the 2012/2013 renewal of the above mentioned liquor license. The protest was upheld by the Alcohol Beverage Control (ABC) Board and the licensee appealed the ABC Board decision to the Office of Administrative Appeals (an administrative law judge deciding on appeals of State administrative actions).

The Administrative Law Judge held a hearing at which City Attorney John Hartle appeared on behalf of CBJ and presented evidence on what is currently owing. The current status of that protest is that the Administrative Law Judge now has the case under consideration and a decision is expected soon. If the appeal is denied, the matter goes back to the ABC Board again to decide whether or not to take the license. If that does happen, it will most likely take place at the February 14, 2013 ABC Board meeting.

Concurrent to the administrative protest action, the CBJ Law Department has been prosecuting a criminal case for which Mr. Peterson was sentenced on Friday, December 7, 2012 for eight counts of sales tax violations.

The time allowed per statute and code for mid-cycle protests has arrived and we do not yet know the outcome of the current, ongoing protest so the Finance Department is recommending the Assembly protest the continued operation of this liquor license per CBJ 20.25.025:

(b) The assembly may protest the issuance, transfer, renewal, relocation, or continued operation of a license as provided in state law if it determines any of the following conditions exist:
(1) The business operated under the license is, on the date the assembly considers the license, delinquent in the payment of any sales tax or penalty or interest on sales tax arising out of the operation of the licensed premises;
(2) There are delinquent property taxes or local improvement district assessments or penalty or interest thereon arising out of real or personal property owned in whole or in part by any person named in the application as an applicant or on the permit which is to be continued where such property is used, or is to be used, in whole or in part in the business conducted or to be conducted under the license;

In the event the Assembly does protest the continued operation of this liquor license, 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. A copy of that notice is included in your meeting packet.

 

I recommend the Assembly protest the continuation of the Beverage Dispensary License #673 for Peterson Pacific Holding Inc. d/b/a Louie’s Douglas Inn based on the outstanding delinquent taxes, penalties, and interest.

 

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. Contract Negotiations
B. Appeal USE2011-030-Cruise Ship Dock Appeal

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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