Monday, February 2, 1998 - 7:00 PM

Assembly Chambers - Municipal Building

Meeting No. 98-04


Submitted by:

David R. Palmer

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1. 12/15/97 - Regular Mtg. No. 97-43


1. Presentation on Fee Demonstration Project for Juneau Forest Service Recreation Areas

Karen Mollander, Juneau District Ranger, will briefly present the USFS Fee Demonstration Project and to answer any questions you may have.


VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual.)


The Consent Agenda includes routine items of business which may not require separate discussion. When the Mayor calls for public comment on the Consent Agenda, you may raise your hand and the Mayor will recognize you asking which item(s) you wish to have removed from the Consent Agenda for separate discussion and action. Following the removal of any item from the Consent Agenda, the Assembly votes on the remaining items in one motion. (Ordinances for introduction generally may not be removed from the Consent Agenda.)

All items that are removed from the Consent Agenda will follow the format of: Administrative or Committee Report, Public Hearing/Participation and Assembly Action.

A. Ordinances for Introduction:

1. Ordinance No. 98-04

An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of Townsite of Juneau, Block 22, Lots 1, 2, 3, 4, 6, and 8. Presented by the Manager.

The Planning Commission, at its regular public meeting on August 26, 1997, recommended that the Assembly approve a rezone of the Capital School site from D-18, residential to MU, mixed use, subject to two conditions. These conditions would require that the CBJ upgrade the Capital School playground and that the Planning Commission review any development proposal which would increase the height beyond that of the existing building.

Parks and Recreation is working with the Parks and Recreation Advisory Committee and the neighborhood on playground improvements.

I recommend adding specificity to the second Planning Commission condition by defining the existing height of Capital School and specifying that the conditional use process will be used to review any plans for construction above the existing height of the building.

The Ordinance includes these recommended amendments to the Planning Commission recommendation.

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

2. Ordinance No. 97-17 (AE)

An Ordinance Appropriating to the Manager the Sum of $15,200 for Production of a Video on Juneau Area History by the Juneau Douglas City Museum. Such Funds Provided by Donations. Presented by the Manager.

This ordinance appropriates $15,200 in donations received by the Juneau Douglas City Museum for the production of a video on Juneau area history. As part of the museum services to the public, we show a video on Juneau's history. The video we currently show, "Early Juneau", is out-of-date, made in 1976 as a part of the Bi-Centennial project. The new video will provide viewers historical as well as current Juneau area information. Earlier in this fiscal year, the museum received a grant from the Alaska State Museum Grant-in-Aid program for $9,467 bringing the total project costs to $24,667. The state grant was appropriated by Ordinance No. 97-17 (O) and adopted on September 15, 1997.

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

B. Resolutions:

1. Resolution No. 1916

A Resolution Requesting the Alaska Congressional Delegation to Endorse Naming of the Juneau Federal Building in Honor of Hurff Saunders. Presented by the Mayor & Assembly.

This resolution honors the memory of the engineer who supervised construction of the federal building and other important government structures in Juneau and throughout Alaska.

I recommend that this resolution be adopted.

2. Resolution No. 1917

A Resolution Electing to Participate in the Retirement Incentive Program Established by Chapter 4, of the Session Laws of Alaska, 1996, First Special Session of the Nineteenth Legislature, and as Amended by Chapter 92, of the Session Laws of Alaska, 1997, and Authorizing the Manager to Enter Into an Agreement With the Administrator of the Public Employees Retirement System to Fund the Cost of Participation in the Program. Presented by the Manager.

This resolution will authorize the Manager to enter into an agreement with the State's Public Employee Retirement System to opt into the PERS' retirement incentive program (RIP). Participation by the CBJ in the RIP is optional. As in the past, the RIP has been put in place solely as a tool to help employers reduce personal service costs. The state identified 174 CBJ employees which met the program's minimum qualification provisions. The CBJ then reviewed these positions to determine if a net savings would in fact accrue to the CBJ. After this secondary review, we determined that 50 employees will fully qualify for retirement under the program. If all of these employees opted to retire as of July 1, 1998, the CBJ would save approximately $142,000 per year.

We are proposing the following sequence for this first retirement application window.

We will be proposing a second application window near the end of 1998 or the beginning of 1999, with retirement occurring on or before July 1, 1999 and a third window in the middle of 1999 with retirement occurring on or before January 1, 2000.

I recommend that this resolution be adopted.

C. Liquor Licenses:

1. New Liquor License:

Specialty Imports; Specialty Imports, Inc; Pres/Shawn Beck; Sec-Treas/Gary Griffeth; 5391 Commercial Blvd; Mail: 4119 Ingra Street, Anchorage 99503

The Fire, Police, and Community Development departments have reviewed the liquor license application and have no objections. The Finance Department reported to the Assembly Human Resources Committee at its meeting of Monday, January 12, 1998, that Speciality Imports has not filed sales tax returns for 12/93, 12/94, 12/95, and 12/96 and owes taxes, interest and penalties from those filings. The Assembly Human Resources Committee moved to recommend protest of the new liquor license. Included in your packet is a certified letter from the Municipal Clerk to Mr. Shawn Beck, President of Specialty Imports indicating the protest procedure.

On January 26, the Municipal Clerk was notified by the Sales Tax Division that Specialty Imports has filed all outstanding returns and has paid taxes owing. Therefore, it is recommended that the Assembly withdraw its right to protest the issuance of a new liquor license for Specialty Imports.

I recommend the Assembly withdraw its right to protest the new liquor license for Specialty Imports as reported.

D. Bid Award:

1. Contract No. E97-499: Bartlett Regional Hospital Administration Building

Bids were opened on the subject project on January 27, 1998. The bid protest period expired at 4:30pm, January 29, 1998. Results of the bid opening are as follows:

RESPONSIVE Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 TOTAL
Coogan Construction Company $2,821,836 $35,000 $13,000 $55,000 $42,000 $2,966,836
McGraw's Custom Construction 3,257,769.40 34,000 14,000 192,000 49,000 3,546,769
F & W Construction Company 3,512,889.80 36,268 14,500 102,222 45,000 3,710,879.80
Triplette Construction, Inc. 3,450,581 37,938 15,986 162,880 63,551 3,730,936
Janssen Contracting Co., Inc. 6,203,940 100,000 100,000 100,000 200,000 6,703,940
Architect's Estimate $3,240,050 $80,000 $9,600 $29,000 $33,000 3,391,650


The Base Bid for this project consists of construction of an approximately 12,680 square foot, two-story, steel-framed building with a 6,160 square foot basement. Alternate No. 1 is to relocate hyperbaric equipment; Alternate No. 2 is for an aluminum frame canvas ceiling; Alternate No. 3 is building louvered "eyebrows" around exterior of building; Alternate No. 4 is a canopy. Final completion date for this project is October 15, 1998.

The Hospital Board met at 5:00pm, January 27, 1998 to review the bids and recommends award of the Base Bid and Alternates 1,2 and 4 to Coogan Construction Company.

We are not awarding Alternate 3. Alternate 3 consists of an aesthetic architectural feature to the exterior of the building. Actual bid costs to construct this Alternate significantly exceed the architect's estimate for the work. A redesign of the feature may be considered and, if in the interest of the City, may be added to the contract as a change order.

I recommend that the Assembly approve, contingent upon the protest period requirements being met on January 29th, award of the Base Bid and Alternates 1, 2 and 4 to Coogan Construction Company for a total award in the amount of $2,911,836.00.


1. Ordinance No. 98-02

An Ordinance Amending the Zoning Code to Establish the Maximum Number of Dwelling Units Allowable in the General Commercial and Light Commercial Zones. Presented by the Manager.

Administrative or Staff Report

This ordinance corrects an inconsistency between the Table of Permissible Uses and the text of the Land Use Code. The table says that the maximum allowable residential density in the general and light commercial districts is 18 units per acre, a figure which accurately reflects the Assembly's intent during the 1987 rewrite of the Land Use Code. That rewrite missed the language in the text, which remains at the old 15-unit figure. CDD has been using the correct 18-unit figure, but the discrepancy should be corrected; this ordinance makes the correction.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action



1. Protest of Liquor License Application Involuntary Retransfer

The New Penthouse; Senate Partnership, Inc; Pres/Margaret Garrison; VP & Treas/Hugh Grant; Sec/Bruce Denton; 175 S. Franklin Street; Mail: 5156 Glacier Hwy, Juneau 99801; transfer of ownership under AS 04.11.360 (4) (b) from The Penthouse, Inc.; Pres/Ofelia Pajinag; VP/Ron Burns; Sec-Treas/Gilles Mesdag; same location & dba

On Monday, January 12, 1998, the Assembly Human Resources Committee considered The New Penthouse's liquor license application for an involuntary retransfer and recommended the Assembly protest this license application based on delinquent taxes. The Sales Tax Division reported The New Penthouse has delinquent taxes in the approximate amount of $59,004.58. The approximation results from not filing tax returns for 9/96, 12/96, 9/97 and 12/97, and taxes, interest, and penalties owed from those filings. Included in your packet are supporting documents including a certified letter from the Municipal Clerk to Mr. Larry Spencer of the New Penthouse setting forth the Assembly's intent to protest the application and providing notice of the hearing this evening.

The CBJ code requires the Assembly now hold an "abbreviated informal hearing" on the involuntary retransfer application. At the conclusion of the hearing, the Assembly should make a decision on whether to protest the application. Your packet contains a memorandum from the Attorney describing these procedures.

I concur with the Assembly Human Resources Committee's decision to protest The New Penthouse's liquor license application for involuntary retransfer.


A. Manager's Report - Action Items:

1. Lemon Creek Land Trade

The Division of Lands and Resources has been working with Ralph Horecny on the concept of a land trade in the Lemon Creek area which would give CBJ access to several hundred acres of our land in the Hidden Valley. Presently, the only reasonable access to Hidden Valley is through private property owned by Mr. Horecny. Securing access will allow the CBJ to develop some of its lands for sand and gravel extraction, rock quarries, future landfills, and commercial and industrial uses.

The concept of the land trade has been reviewed and approved by the Assembly Lands Committee and the Planning Commission. Included in your packet is a memorandum which describes in more detail the land trade concept and suggests issues which need to be addressed in the land trade negotiations. The Planning Commission did add one additional issue which is to consider the future costs of maintaining the existing haul road into Hidden Valley.

This is part of a two step land disposal process where the Planning Commission and Assembly have to first authorize the negotiation of the land trade. Upon successful agreement on the terms of the land trade, the specific terms and conditions come back to the Planning Commission and Assembly for a public review and adoption of an ordinance authorizing the transfer of land.

I recommend that the Assembly approve the authorization of negotiations of the land trade.

2. Tourism Survey

The Tourism Advisory Committee is requesting funds to conduct a public attitude survey regarding tourism impacts. The intent is to collect data that can be compared to that collected in a baseline survey conducted by the McDowell Group in 1996. The following cost estimates have been received from the McDowell Group. Funds to cover either option are available..

Sample Size Maximum Error Cost Estimate

300 +/- 5.8% $ 8,000

500 +/- 4.5% $11,500

Tourism Advisory Committee members will be available at the meeting to answer questions.

If approved, funds are available in the Assembly budget for this purpose. $7,000 is available in the Assembly's Contractual Contingency line item which would leave a balance of zero. Remaining funds can be taken from the Assembly's Hospitality account which currently has a balance of $18,684.

B. Manager's Report - Information Items:

1. RFP Process

The Manager will give a brief report on the RFP Process to the Assembly at tonight's meeting.

C. Attorney's Report:


A. Revised Pending Items

B. Unappropriated General Fund Unreserved Fund Balance

C. Assembly Contingency Fund Balance


A. Committee Reports:

1. Committee of the Whole

2. Finance Committee

3. Committee on Committees

4. Human Resources Committee

5 . Lands and Resources Committee

6. Public Works and Facilities Committee

7. Assembly Strategic Policy Committee

B. Board Liaison Reports


XV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).


NOTE: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audio tape containing the Assembly's agenda is available for review at all CBJ Libraries each Friday prior to the Assembly's Monday meeting.

ADA Accommodations Available Upon Request: Please telephone the Clerk's Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present. The Clerk's Office telephone number is 586-5278, TDD 586-5351.

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