Tab_95CERTIFICATE
I, the undersigned Municipal Clerk of the City and Borough of Juneau, Alaska (the "City
and Borough"), DO HEREBY CERTIFY:
1. That the attached Ordinance Serial No. 2016-31 (herein called the "Ordinance") is
a true and correct copy of an ordinance of the City and Borough as passed at a meeting of the
Assembly of the City and Borough held on September 12, 2016, and duly recorded in my office.
2. That said meeting was duly convened and held in all respects in accordance with
law, and to the extent required by law, due and proper notice of such meeting was given; that a
legal quorum was present throughout the meeting and a legally sufficient number of members of
the Assembly voted in the proper manner for the passage of the Ordinance; that all other
requirements and proceedings incident to the proper passage of the Ordinance have been duly
fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate.
DATED as of this 3rd day of November, 2016.
CITY AND BOROUGH OF JUNEAU,
ALASKA
By
Laurie J. §4ca
Municipal ,tlerk
500034321 vi
Presented by; The Manager
introduced: 08/22/1.
Drafted by: Bond Counsel
[Utr.I[) Daii
Serial No. 2016-31
An Ordinance Providing for the Ysuance and Sale of a General Obligation
School Refunding Bend in the Aggregate Principal Amount of Not to Exceed
$18,900,000; and Providing the Form and Terms of the Bond and for
Unlimited Tax Levies to Pay the Bond.
WHEREAS, the City and Borough of Juneau (the 'City and Borough") issued its General
Obligation School Bonds, 2006B, under date of September 27, 2006 (the '20068 Bonds")
pursuant to Ordinance Serial No. 2006-24 and Resolution Serial No. 2372 (together, the
1'20063 Bond Ordinance"), currently outstanding in the principal amount of $18,560,000 and
maturing in principal amounts as follows (as of September 12, 2016)
Maturity Years Principal Interest
(Sqptember 11 Am
2017 3,385,000 4.000
2018 3,545,000 4.100
2019 3,680,000 4,125
2020 3,770,000 4.125
2021 4,180,000 4.250
I
WHEREAS, the 2006B Bonds maturing on and after September 1, 2017 are callable in
whole or part on Seplieniber 1, 2016, and on any date thereafter at a price of par plus accrued
interest to the date of redemption; and
WHEREAS, the Charter and Code of the City and Borough permit the City and Borough
to issue refunding bonds without an election; and
WHEREAS, the Assembly finds that it is in the best interest of the City and Borough to
sell the bond herein authorized to the Alaska Municipal Bond Bank (the Bond Bank") on the
terms and conditions set forth herein and in a loan agreement between the City and Borough and
the Bond Bank, as authorized by this ordinance;
NOW, THEREFOREIBE IT ENACTED BY TFIE ASSEMBLY OF Tim crrYAND
IZOROUGH OF JUNEAU, ALASKA:
Section 1. Classification. This cc is a noncode ordinance.
Section Z Definitions, As used in this ordinance, the following words shall have the
following meanings:
Acquired Obligations nicana the Government Obligations acquired by the City and
Borough under the terms of this ordinance and the Escrow Agreement to effect the defeasance
and refunding of the Refundd Bonds.
Assembly means the Assembly of the City and Borough of Juneau, Alaska as the same
shall be duly and regularly constituted from time to time or any successor body.
Born! Bank means the Alaska Municipal Bond Bank, a public corporation and
instrumentality of the State of Alaska, created pursuant to the provisions of Chapter 85, Title 44,
Alaska Statutes, as amended.
Bond Bank Bonds means bonds to be issued by the Bond Bank to provide funds to be
loaned to the City and Borough pursuant to the Loan Agreement.
Bond Fund means the Debt Service Fund" of the City and Borough maintained
pursuant to this ordinance.
Bond Register means the registration books for the Bond, maintained by the Bond
Regtstrar, for the purpose of complying with the requirements of Section 149 of the Code and
listing, jer lla, the names and addresses of all registered owners of the Bond,
Bond Registrar means the Finance Director, for the purposes of registering and
authenticating the Bond, maintaining the Bond Register, and paying the principal of and interest
on the Bond.
Bond means the city and Borough of Juneau, Alaska General Obligation School
Refunding Bond, 2016 issued pursuant to this ordinance.
Bond Year means each one-year period that ends on the date selected by the City and
Borough. The first and last Bond Years may be a shorter period. If no day is selected by the
City and Borough before the earlier of the final maturity dates of the Bond or the date that is five
years after the date of issuance of the Bond, Bend Years end on each anniversary of the date of
issue and on the final maturity date of the Bond.
City and Borough means city and Borough of Juneau, Alaska, a municipal corporation
duly organized and existing under and by Virtue of the laws of the State of Alaska.
C!(pilfanager means the city manager or interim city manager of the City and Borough.
code V'e federal latemaF Revenue Code of 1986 as amended from time to time,
and the appdaL ;gaiations Ilicictulder.
-2- Ord, 2016-31
Escrow Agreement means the Escrow Deposit Agreement if any, entered into by the
City and Borough with the Escrow Agent to be dated as of the date of c losing and delivery of the
Bond.
Escrow Agent means the financial institution selected pursuant to the conditions set forth
in Section 10 of this ordinance.
Finance Director means the director of the finance department of the City and Borough.
Government Obligations means ,-
(a) Cash (United States currency or demand depo trod at all times by the
Federal Deposit Insurance Corporation or otherwise collateralized wi obligations described in
subparagraph (b)), or
b) Noncallable indirect obligations of (including obligations issued or held in book
entry form on the books ol) the Department of the Treasury of the United States of America, the
payment of which is guaranteed by the United States of America.
Lean Agreement means the Loan Agreement by and between the City and Borough and
the Bond Bank authoried to be entered into pursuant to Section 13 of this ordinance.
Net Proceeds, when used with reference to the Bond, means the principal amount of the
Bond, plus accrued interest and original issue premium, if any, and less original issue discount.
Private Person means any natural person engaged in a trade or business or any trust,
estate, partnership, association, company or corporation.
Private Person Use means the use of property in a trade or business by a Private Person
if such use is other than as a member of the general public. Private Person Use includes
ownership of the property by the Private Person as well as other arrangements that transfer to the
Private Person the actuI or beneficial use of the property (ruch as a lease, management or
incentive payment contract, or other special arangcment) in such a manner as to set the Private
Person apart from the general public. Use of property as a mcrnbcr of the general public includes
attendance by the Private Person at municipal meetings or business rental of property to the
Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the
rental paid by any Private Person who desires to rent the property. Use of property by nonprofit
community groups or community recreational groups is not treated as Private Person Use if such
use is incidental to the governmental uses of property the property is made available for such
use by all such communhly groups on an equal basis and such covimunity groups are charged
only a1nimIs fea de to cover custodial expenses.
Redemption Date means the date or dates designated by the Finance Director as the date
or dates on which the Refunded Bonds will be paid and redeemed.
-3- 0th. 2016-31
Refiwded Bonds means any or all of the 2006B Bonds maturing on or after September 1.,
2017, designaicd by the Finance Director pursuant to Section 13,
Registered Owner means the person in whose name ownership of a Bond is identified in
the Bond Regis t er,
Rule means the SEC's Rule I 5e242 under the Securities Exchange Act of 1934 as the
same may be amended from tine to time.
Savings Target means a dollar amount at least equal to four percent (4.01/o) of the
principal amount of the Refunded Bonds.
SEC means the United States Securities and Exchange Commission.
2006R Bond Ordinance means, collectively, Ordinance Serial No. 2006-24, passed by
the Assembly on June 26, 2006 and Resolution Serial No. 2372, passed by the Assembly on
September 13, 2006.
2006B Bonds means the General Obligation School Bonds, 20068, of the City and
Boroigh issued under date of September 27, 2006, and presently outstanding in the aggregate
principal trnount of $18,560,000 (as of September 12, 2016).
Inter pretudon and Rules fThterprc.!athn,
(a) Unless the context otherwise indicates, words expressed in the singular shall
include the plural and vice versa and the use of the neuter, masculine, or feminine gender is for
convenience only and shall be deemed to mean and include the neuter, masculine or feminine
gender, as appropriate.
(b) Headings of articles and sections herein and the table of contents hereof are solely
for convenience of reference, do not constitute a part hereof and shall not affect the meaning,
construction or effect hereof.
All references herein to "Articles," -Sec tions" and other subdivisions are to the
corresponding Articles, Sections or subdivisions of this ordinance; the words herein," "hereof,"
"hereby," "hereunder" and other words of similar import refer to this ordinance as a whole and
not to any particular Article, Section or subdivision hereof.
Section 3 Authorization of Bond. For the purpose of re fmnding the Refunded
Bond s and paying the costs of issuanee of the Bond, the City and BoroLigh shall issue its general
obligation school refunding bond in the aggregate principal amount of not to exceed
$18,900,000, but in any event providing no more than $18,900,000 in net proceeds (principal
mnWunt plus premium, if any, less costs of issuance) (the "Bond"). The Bond shall fie dated as of
the dare e blishcd pursnit to Section 13, shall be PrIly registered as to both princip aJ and
interest :d be numbered separately in such manner and with any additional designation as the
Bond Rcistrar deems necessary ror purposes of identification, and shall bear interest from their
cwaor -4 Ord, 2016-31
date payabl e on the dates and rates set forth in the Loan Agreement, and shall come due on the
dates set forth in the Loan Agreement of the following years in the following estimated principal
installments:
Maturity Year Amount
tglM
Tot-M, $17,440,000*
' Pnricipal inarunt do not add to $18,900,000, in anticipation of selling the Bond with
original issue premiu t, c' :thig not more than $18900,000 in net proceeds
At the time of sale, the City Manager or his/her designee may increase or decrease; the
foregoing estimated principal amounts in any year by 251/1 o, provided, however; in the aggregaic
the Bond shall be issued in principal amounts that provide no more than $18,900,000 (principal
amount plus premium, if any, less costs of issuance) in net proceeds or $18,900,000 in principal
amount, whichever is less,-
Section 4 Registration, Exchange and Payments The Finance Directoi shall act
as authenticating agent, paying agent and registrar for the Bond (collectively, the Bond
Reg1strar". Both principal of and interest on the Bond shall be payable in lawful money of the
United Stites of America. Interest on the Bond shall he calculated on the basis of a 360-day year
nd tWQIVC 30-day inonths, interest on the Bond shall be paid by check or draft of the Bond
Re istrei mailed (on the date such iu is due) to the Registered Owners or nominees at the
addresses appearing on the Bond Kfter on the fifteenth day of the month preceding each
interest payment date. Principal of the Bond shall be payable upon presentation and surrender of
the Bond to the Bend Registrar by the registered owners or nominees at the office of the Bond
Registrar. Notwithstanding the foregoing, so long as the Bond Bank is the Registered Owner of
the Bond, payments of principal of and interest on the Bond shall be made to the Bond Bank in
accordance with the Loan Agreement.
Tond may be trnfJ only on the Bond Register maintained by the Bond
iQ-r that purpose i'n f.:, surrender thereof by the registered owner or nominee or
his/her July authorized aid only if endorsed in the manner proiided thereon, and
thereupon a new ffihly ragistened Bond of like principal amount, maturity and interest rate shall
be issued to the transferee in exchange therefor. Upon surrender thereof to the Bond Registrar,
the Bond is intcrebrngeable for a bond or bonds in any authorized denomination of an equal
aggregate prinei ar. tint and of the same interest rates and maturities. Such transfer or
exchange shall be it cost to the Registered Owner or transferee
P81cM27. 51 Ord. 2016-31
The City and Borough may deem the person in whose name each Bond is registered to he
the alsoIute owner thereof for the purpose of receiving payment of the principal of and interest
on such Bond and for any and all other purposes whatsoever.
Section S. RedeniptionlPurebase of Bond. Provisions for the optional prepayment
of some or all principal installments of the Bond may be established pursuant to Section 13 of
this ordinance and shall be set forth. in the Loan Agreement.
So long as the Bond Bank is the owner of the Bond, notice of prepayment shall be given
accoding to the terms of the Loan Agreement. If the Bond Bank is not the owner of the Bond,
notice of prepayment shall be given not less than 20 nor more than 60 days prier to the date fixed
for prepayment by first class mail, postage prepaid, to the Registered Owicrs of the Bond at the
addresses appearing on the Bond Register. The requirements of this section shall be deemed
complied with when notice is mailed as herein provided, regardless of whether or not it is
actually received by the owners of the Bond.
Each official notice of prepayment shall be dated and shall state: (i) the prepayment date,
(ii) the prepayment price or prepayment premium, if any, payable upon such prepayment; (iii) if
less than all of an in ilment of principal is to be prepaid, the principal amount to be prepaid
(which must be en :! muhiole of $5000); (iv) that the interct on the Bond, or on the
principal amount thereollo be prepaid designated for prepayment in such notice, shall cease to
accrue from and after such prepayment date; and (v) that on such date there will became due and
payable on the Bond the principal amount thereof to be prepaid and the interest accrued on such
principal amount to the prepayment date.
Section 6. Form of Bond. The Bond shall be in substantially the following form:
UNITED STATES OF AMERICA
NO. $
STATE OF ALASKA
FINAL MATURITY DATE:
PRINCIPAL AMOUNT:
THE CITY AND BOROUGH OF JUNEAU, ALASKA (the "City and Borough"),
herc by acknowledges itself to owe and for value received promises to pay to the Registered
Owner identified above, or registered assigns, the Principal Amount indicated above in
-6- Ord, 2016-31
accordance with the installment payment schc(Tule set forth below (unless prepaid prior thereto
as provided herein) and to pay interest thereon from .,
20., or the most recent date
to which interest has been paid or duly provided for ! pcyment of this bond at the interest
rates set forth blow, payable on h 20 ud riannually thereafter on the first day
of each and
Year of Principal
Installment Payment Principal Installment Interest-
1) Amount Rate
$
Both principal of and interest on this bond are payable in lawful money of the United
States of America. Installments of principal of and interest on this bond shall be paid by check
or draft mailed to the Registered Owner at the address appearing on the Bond Register on the
151b day of the month preceding the interest payment date and principal of this bond shall be
payable upon presentation and surrender of this bond by the Registered Owner at the principal
office of the Finance Director of the City and Borough of Juneau, Alaska (the "Bond Registrar").
Notwithstanding the foregoing, so long as the Bond Bank is the Registered Owner of this bond,
payments of principal of and interest on this bond shall be made to the Bond Bank in accordance
with the Loan Agreement.
This bond is a general obligation bond of the Borough and is issued pursuant to
Ordinance Serial No, 2016-31 of the City and Borough (the "Bond Ordinance") for the purpose
of refunding Certain outstanding general obligation bonds of the City and Borough. Capitalized
terms used in this bond and not otherwise defined herein have the meanings given such terms in
the Bond Ordinance.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall
have been manually siaed by or on behalf of the Bond Registrar.
This bond is issued under and in accordance with tho provisions of the Constitution and
applicablo statutes of the State of Alaska and ordinnccs duly adopted by the Assembly,
including the Bond Ordinance.
This bond is subject to prepayment as stated in the Loan Agreement.
The city and Borough lies obligated and boird itself to make annual levies of ad valorem
taxes upon all the taaNe property within the Cit id Boroudh, without limitation as to rate or
amount, in am.OWits Sufficient, together with su-It other moneys of the City and Borough
available for such purposes as the Assembly of the City and Borough may, from time to time,
appropriate and rn........avaflatic to pay the principal of and interest on this bond as the same shall
-7- Ord. 2016-31
become due, The flul faith, credit and resources of the City and Borough are hereby irrevocably
pkdgeJ for the levy of such taxes and the prompt payment of such principal and interest. The
td.o of tax levies for payment ofprindp1 of and interest on the bond may be discharged prior
to maurity of the bond by making provision for the payment thereof on the terms and conditions
cl forth in the Bond Ordinance
The bond is not a "private activity bond" as such term is defined in the Internal Revenue
Code of 1986, as amended (the "Code"). The City and Borough has not designated the bond as a
"qualified tax-exempt obligation" under Secti on 265(b) of the Code for investment by banks,
thrift institutions and other financial institutions.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Alaska to exist, to have happened, been done and performed precedent to
and in the issuance of this bond have happened, been done and performed a nd that the issuance
of this bond does not violate any constitutional, statutory or other limitation upon the amount of
bonded indebtedness that the City and Borough may incur.
IN WITNESS WHEREOF, the City and Borough of Juneau, Alaska has caused this bond
to be executed by the manual or facsimile signature of its City Manager or his/her designee and
attested by the manual or facsizrilc of the Clerk, and the official seal of the City and Borough to
be impressed imprinted or otherwise reproduced hereon, as of this , day of
2016.
By
City Manager or Desigree
ATTEST
' rnaival or flicsiriile
Clerk
-8- On!. 2016-31
The Certifeate of Authentication for the Bond shall be in substantially the following
1*
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This bond is the General Obligation School Refunding Bond, 2016 of the City and
Borough of Juneau, Alaska, dated 2016, and described in the within-mentioned
Bond Ordinance,
Finance Director, City and Borough of Juneau,
Alaska, as Bond Registrar
mthorized Signer
Section 7. Execution of Bind. The Bond shall be executed on behalf of the City and
Borough with the manual or facsimile signature of the City Manager or his/her designee, shall be
attested by the manual or facsimile signature of the City and Borough Clerk, and the seal of the
City and Borough shall be impressed or a facsimile thereof imprinted or otherwise reproduced
thereon,
Only such Bond as shall bear thereon a Certificate of Authentication in the form
hereinbefore recifed, manually executed by the Bond Registrar, shall be valid o obligatory for
any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall
be conclusive evidence that the Bond so autbanc icated have been duly exeuicd, authenticated
and delivered hereunder and are entitled to the bencflts of this ordinance.
In case either of the officers who shall have executed the Bond shall cease to be officer or
officers of the City and Borough before the Bond so signed shall have been authenticated or
delivered by the Bond Registrar, or issued by the City and Borough, such Bond may nevertheless
be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall
be as bindig upon the City and Borough as though those who signed the same had continued to
be such o : f the City and Berm PA. Any Bond may also be signed and attested on behalf
of the City nJ tirough by such persons who are at the actual date of delivery of such Bond the
proper officers of the City and Borough although at the original date of such Bond any such
person shall not have been such officer of the City and Borough.
Section 8 Lost, Stolen, Destroyed or Mutilated Bind In case the Bond shall at
any time become mutilated or be lost, stolen or destroyed, the City and Borough in the case of a
mutilated Bond shall, and in the case of a lost, stolen or destroyed Bond in its discretion may,
execute and deliver a new Bond of the same interest rate and maturity and of like tenor and effect
in ediange or suhsc ituition for and upon the surrender and cancellation of such mutilated Bond,
or in lieu of or in sub ti i for such destroyed, stolen or lost Bond, or if such stolen, destroyed
or lost Bond shallhave matured, iL c of issuing a substitute therefor, the City and Borough at
pG28?_eMvG2a7_BK1 -9- Ord 2016-31
its option pay the same without the surrender thereof. Except in the case where a mutilated Bond
is surrendered, the applicant for the issuance of a subMit ate Bond shall fumi to the City and
Borough evidence satisfhctory to it of the theft, destruetori, or loss of the on.' i .1 pond, and of
the ownership thereof, and also such security and indemnity as may be rcquir i.y the City and
Borough, and no such substitute Bond shall be issued unless the applicant for the issuance
thereof shall reimburse the City and Borough for the expenses incurred by ih City and Borough
in connection wtb the preparation, execution, issuance, and delivery of the substitute Bond, and
any such substitute Bond shall be equally and proportionately entitled to the security of this
ordinance with n1l other bonds issued hereunder, whether or not the Bond alleged to have been
lost, stolen or destroyed shall be found at any time or be enforceable by anyone.
Section 9. Pledge of Taxes and Credit. The City and Borough hereby irrevocably
covenants that, unless the principal of and interest on the Bond are paid from other sources, it
will make annual levies of taxes without limitation as to rate or amount upon all of the property
in the City and Borough subject to taxation in amounts sufficient to pay such principal and
interest as the some shall become due. The full faith, credit and resources of the City and
Borough are hereby irrevocably pledged for the annual levy and collection of such taxes and for
the prompt payment of such principal and interest. There is maintained in the office of the
Finance Director a special fund of the City and Borough known as the "Debt Service Fund" (the
"Bond Fund", for the sok purpose of paying the principal of and interest on the Bond and all
other general obigation bonds of the City and Borough. Accrued intcrcst, if any, received at the
time of delivery of the Bond shall be paid into the Bond Fund,
The City and Borough hereby irrevocably covenants and pledges for as long as the Bond
is outstanding that it will make provision for the payment of the principal of and interest on the
Bond in its annual budgets and further covenants that it will make annual levies of ad valorem
taxes, for payment into the Bond Fund, upon all the property within the City and Borough
subject to taxation, without limitation as to rate or amount, in amounts sufficient, with such other
moneys available for such purposca as the Assembly from time to time may appropriate and
order transferred to the Bond Fund, to pay the principal of and interest on the Bond as the same
shall be come due and payable,
Section 10. Refunding Plan and Call For Redemption of the Refunded Bonds.
(a) Rcjh nJing Plan. All or a portion of the proceeds of sale of the Bond in the dollar
amount certified by the City and Borough to the Escrow Agent shall be delivered to the Fscww
Agent for the purpose of deceasing the Refunded Bonds and paying related costs of issuance.
Money received by the Escrow Agent from Bond n : eeeds and other money provided by
the City and BOrQIIh, shall be used immediately by 1e Agent upon receipt thereof in
accordance with the terms of the Escrow Agreencni defense the Refunded Bonds as
authorized by the 2006B Bond Ordinance, and to pa issuance of the Bond. The City
and Borough shall dcfcasc the Refunded Bonds and Li -,,e such obligations by the use of
money deposited v,' 'a the Escrow Agent to purchase coil,,In (itvei-nment Obligati 's (which
obligations so pun. h: are herein called "Acquired Cdligations"), bearing such in rest and
maturing as to r' al nd interest in such amounts and at such times which, together with any
40 Ord. 2016-31
necessary beginning cash. balance, will provide for the payment of each of the following bends
that have been designated as "Refunded Bonds":
(1) interest on the Refunded Bonds coming due on each date on which interest
is the and payable, to and including the Redemption Date; and
(2) the redemption price of the Refunded Bonds (100% of the principal
amount thereof) on the Redemption Date,
The Finance Director is hereby requested and directed to solicit proposals from financial
institutions to serve as the Escrow Agent for the Refunded Bnd (the "Escrow Agent") and to
select a tintmcial institution to serve as Escrow Agent.
In order to carry out the purposes of this section, the Finance Director is authorized and
directed to execute and deliver to the Escrow Agent an Escrow Deposit Agreement when the
provisions thereof have been fixed and determined.
The Escrow Agent shall use the moneys received as interest on and principal of matured
Acquired Obligations to satisfy the foregoing obligaions.
(b) Call for the RedeinpWon of the Refunded BozrrLi, The City and Borough hereby
irrevocably sets aside sufficient limds out of the pnrchse of Acquired Obligations from proceeds
of the Bond to make the payments described in Section 10(a) of this ordinance.
The City and Borough hereby irrevocably calls the Refunded Bonds for redemption on
the Reimption Date, in accordance with the provisions of the 2006B Bond Ordinance
authe::y.& the redemption and retirement of the Refunded Bonds prior to their fixed maturities.
d call for redemption of the Refunded Bonds shall be irrevocable after the final
es1ah1ihment of the escrow account and delivery of the Acquired Obligations to the Escrow
Agent,
The Escrow Agent is hereby authorized end directed to provide for the giving of a notice
of the redemption of the Refunded Bonds in aoceidarico with the applicable provisions of the
2006B Bond Ordinance The Finance Director is authorized end requested to provide whatever
assistance is necessary to accomplish such redemption and the giving of notice therefor. The
costs of publication of such notice shall be an expense of the City and Borough.
The City and Borough will take such actions as are found necessary to see that all
necessary and proper fees compensation and expenses of the Escrow Agent shall be paid when
due.
Sectina IL Defeasance, In tb event that money and/or noncallable Government
Obligations maturing or having guaranteed :dcrnptIon prices at the option of the owner at such
time or times and bearing interest to be i thereon in amounts (together with such money, if
any) sufficient to redeem and retire part or all of the Bond in aecordanc-c w ith as terms, are
.11- Ord, 2016-31
hereafter irrevocably set aside in a special account and pledged to effect such redemption and
retirement, then no further payments need be made into the Bond Fund or any account therein for
the payment of the principal of and interest on the certain Bond so provided for and such Bond
shall then cease to be eniiiied to any lien, benefit or security of this ordinance, except the right to
receive the funds so set aside and pledged and to receive notices of early redemption, if any, and
such Bond shall no longer be deemed to be outstanding hereunder, or under any ordinance or
resolution authorizing the issuance of bonds or other indebtedness of the City and Borough.
Section 12 Tax Covenants
(a) Arbitrage covenants The City and Borough hereby covenants that it will not
make any use of the proceeds of sale of the Bond or any other funds of the City and Borough
which may be deemed to be proceeds of the Bond pursuant to Section 148 of the Code and the
applicable regulations thereunder which, if such-use had been reasonably expected on the dates
of delivery of the Bond to the initial purchasers thereof, would have caused such Bond to be
"arbitrage bonds" within the meaning of said section and said regulations. The City and
Borough will comply with the requirements of Section 148 of the Code and the applicable
regulations thereunder throughout the term of the Bond
(b) Private Person Use 1zmtai cii for the &rnd The City and Borough covenants
that for as long as the Bond is outstanding, it will not permit
(1) More than 10% of the Net I?Mcc c,ds of the Bond to be used for any Private
Person Use; and
(2) More than 10% of the principal or interest payments on the Bond in a
Bond Year to be directly or indirectly (A) secured by any interest in property used or to be used
for any Private Person Use or secured by payments in respect of property used or to be used for
any Private Person Use, or (B) derived from payments (whether or not made to the City and
Borough) in respect of property, or borrowed money, used or to be used for any Private Person
!Use.
The City and Borough further covenants that, if:
(3) More than five percent of the Net Proceeds of the Bond is to be used for
any Private Person Use; and
(4) More than five percent of the principal or interest payments on the Bond
in a T nd Year are (under the teriris of this ordinance or any underlying arrangement) directly or
Indic: (A) secured by any interest in property used or to be used for any Private Person Use
or se red by payments in respect of property used or to be used for any Private Person Use, or
(B) derived ft payments (whether or not made to the City and Borough) in respect of
property, e: hr rowed money, used or b for any Private Person Use, then, (i) any Private
Person Use ul z projects described in suLcetion(3) hereof or Private Person Use payment
described o h ection (4) hereof that is in e. :ess of the five percent limitations described in
such subsections (3) or (4) will be for a irisc !',=on Use that is related to the state or local
.12- Ord, 2016-31
governmental use of the projects refinanced by the Band, and (li) any Private Person Use will not
exceed the amount of Net Proceeds of the Bond used for the state or local governmental use
portion of the project to which the Private Person Use of such portion of the project relates. The
City and Borough further covenants that it will comply with any limitations on the use of the
projects refinanced by the Bond by other than state and local governmental users that are
necessary, in the opinion of its bond counsel, to preserve the tax status of the Bond. The
covenants of this Section are specified solely to assure the continued exemptina from regular
income taxation of the interest on the Bond. To that end, the provisions of this section may be
modified or eliminated without any requirement for formal amendment thereof upon receipt of
an opinion of t!e City and Borough's bond counsel that such modification or elimination will not
adversely affect tF status of the Bond,
Section 13. Designation of Refunded Bonds; Sale of Bond.
(a) Desi,nat!on of Refunded Bonds. As outlined in Section 2 and Section 10 of this
ordinance, the 200B Bonds may be called for rcdeup1ion prior to their scheduled maturities.
All or some of the 20068 Bonds may be refunded with the proceeds of the Bond authorized by
this ordinance, The City Manager or his/her designee may select some or all of the 20068 Bonds
and designate those 20068 Bonds as the "Refunded Bonds" if and to the extent that the net
present value aggregate savings with respect to all Refunded Bonds to be rea' i zed as a result of
the refunding of the Refunded Bonds, Lfter payment of all costs of iss ince of the allocable
Bond), Is at least equal to the Savings Target.
(b) Sale of Bond. The City Manager or his/her designee is authorized to negotiate
and complete the sale of the Bond to the Bond Bank an terms and conditions consistent wi di this
ordinance and the Loan Agreement for th Bond, Such terms and conditions, including the final
principal amount, date, principal installment payment schedule, interest rates, payment dates and
prepayment provisions, all as provided for in this ordinance, shall be set forth in the Loan
Agreement, all subject to the Assembly's approval by resolution, which resolution may, at the
option of the Assembly, provide for de egation within parameters approved by the Assembly.
Section 14, Undertaking to Provide Ongoing Disclosure. The City and Borough
acknowledges that, under the Ru1, the City and Borough may now or in the future be an
"obligated person" with respect to the Bond Bank Bonds In accordance with the Rule and as the
Bond Bank may require, the City and Borough shall undertake to provide certain annual
fina .tl information and operating data as shall be set forth in the Loan Agreement. The City
I tar, his/her designee is hereby directed and authorized to review, approve and execute a
coni ing disclosure undertaking if required by the Bond Bank.
Section iS. Severability. If anyone or more of the covenants or agreements provided
in this ordinant. Ic he performed on the part of the City and Borough shall be declared by any
court of comp .'t jurisdiction to be contrary to law, then such coven.mt or covenants,
agreement or eements, shad h null and void and shall be deemed separable from the
reirndaing covenants and agreements of this ordinance and shall in no way affect the validity of
the other provisions of this ordinance or of the Bond.
-13- Ord.. 2016-31
Section 16 Effective Date This ordinanc shall become effective thirty days after
adoption
ADOPTED this 12th day of September, 201 6
i1
-Ken Koed Ch, Mayor
P2YCMW~7 44- Ord. 2016-31
L the undersigned,
~ERTIFY:
Clerk of the City and Borough of Juneau, Alaska the "City and
Borough"), Do HEREBY
1. That the at ached ordinance is a true and correct copy of Ordinance Serial
No, 2016-31 (the "Ordinathe" of the City and Borough as finally passed at a regular meeting of
the Assembly of the City and Borough "Assembly") held on the 12th day of September,
2016, and duly recorded inmy office.
2. That said meeting was duly convened and held in all respects in accordance with
law, and to the eentt requfred by law, due and proper notice of such special meeting was given;
that a legal quorum wets present throughout the meeting and a legally sufficient number of
members of the Assembly voted in the proper manner for the passage of the OdLnance; that all
oilier requfremenis and prceeding incident io tb proper pasac of the Ordinance have been ili
di l ly fuffifled, carried Outl and otherwise oberved; and that I am authorized to execute this
Certi lie ate.
IN WITNESS WIEREOF, I have hereunto set my hand this day of September,
2016.
Laurie 1. Sica, Clerk
City and Borough of Juneau
C227K1 izwie
CERTIFICATE
I, LAURIE J. SICA, duly appointed and qualified Clerk of the City and Borough of
Juneau, Alaska (the "City and Borough"), DO HEREBY CERTIFY that attached are full, true
and complete copies of:
1. Affidavit of Publication of the notice of the meeting of the Assembly for
August 22, 2016, at 7:00 p.m., at which Ordinance Serial No. 2016-31 was introduced at first
reading.
2. Excerpt from the minutes of the Assembly meeting of August 22, 2016, which
reflects the introduction of Ordinance Serial No. 2016-31.
3. Affidavit of Publication of notice of the hearing on Ordinance Serial No. 2016-31
to be held at the regular meeting of the Assembly scheduled for September 12, 2016, at 7:00
p.m., and that all other legal requirements for the proper notice of said meeting have been duly
fulfilled, carried out and otherwise observed.
4. Excerpt from the minutes of the Assembly meeting of September 12, 2016, which
reflects the passage of Ordinance Serial No. 2016-3 1.
5. Affidavit of Publication of the notice of adoption of Ordinance Serial
No. 2016-31.
DATED as of this 3rd day of November, 2016.
CITY AND BOROUGH OF JUNEAU,
ALASKA
By - ~
I
I h.L
£7 Laurie J. 'ica
Municipal(Clerk
500034321 vi
M Ar
C 4'
Juneau Empire I Friday, August 19, 2016 1 A4
http://digital.olivesoftware.com/Olive/APA/JuneauEmpire/Print.Artic...
THE CITY AND BOROUGH OF JUNEAU
YOUR MUNICIPALITY
MEETING & EVENTS SCHEDULE
August 19 —August 29,2016
This filing includes meelinau Scheduled by
August tO, 2016
For updates, please refer to:
FridewAuouetl5,iblS
No Public Mootirta Scheduled
Saturday. Auhusi 210. 2016
8:3Oan-12:3fpnt: Board of Education Reboot,
JOt-IS Room 115
Monday, August 22, 2016
lOtion: Board of Education Ftocjfaot Evaluation
Committee Meofog, District VOlta Glacier
Coulesonco Room
61, 111: Assembly Human R00000coo
Committee, Chambers
7pm: RotjolarAaoetably Mooting, Cltuonbare
Tstoedav.Aunust 22, 2018
4pm: Aquatics Board, Dimond Park Aquatic
Center
a:lspnt: Bartlett Regional Hospital Board of
Directors Meetinf, BRI-lA000il. Boardroom
7pm: Planning Commission, Chambers
Wednesday, Aultoet 24.2016
5:30pm: .bmoaa Commission on Sustaloabtltty
Womkneaoiorm, Oowntowms Library Large
Conference Room
Thursday, AUoust25, 2016
6:30pm: Juneau Historic PreservatIon Plain
Community 14001105 of the Juneau Historic
Resources Advisory Committee, Floyd Dryden
Middle School Library, 3808 Mendenhall Loop
Road
Friday, August 26,2016
No Public Meetings Scheduled
MoOday, AssIsusb29. 2016
Noon: Assembly Public Works and Facilities
Committee, Chambers
5pm: Assembly Lands Committee,
Chambers
5:30pm: Juneau Human Rights Commission.
(hey Hall Conference Room #224
6pm: Acocaibly Cummihtan of the Whale,
Chambers
CBJ Boards, Commssons
Committees & CunciI Vacancies
083 has a number of vacancies on its boards,
commissions, committees achier councils.
Chock online at tft2:.L1yAw
boorduilluand Moinpaoe.Oho for como1a
tint of all upcoming open seats, along with
appiioafioo hobutdi005 and duo dates. For
more irrfarm0000, 0001801 the Muniripat CteS'6
Office at 586-5278 or in person at Reman 202 of
the Manicipol Building (1550. Seward Street,
Juneau, AK a9801) or sin email all
CilscClonluthiluneou.org.
ASJI900XNAGEN5)A
5510 CflYAND 505011CR OFJIJNLS.61,
A0481(A
August 22,20167-00 PM
City IluttAseuoahty Cisaest,ora
RegotarMoattog 2850-29
Salanitand By:
Vatican Sorb Watt
City coil Ilomugh Manager
I. FLAG SALUTE
IL BOLt. CALf,
UL SPECIAL O5WEI( Oli'IiUSSf-tEaS
A. Ot000yaition- Soetfo Crony
B. ltuocpoilina - Smnr}tmnillnn'u Lttbsoveta
C. llteuugsitboa-Acdy Mi001
D. Rooupuitiao- Shoot Layne
IUt APPROVAL Oil MINI3ThS
A.Aapont 1, 20160.rgolarAaurnthty Mccthsg2llIf-
28
'at MANAGF.WS REQOIEOTEORA 'OF NDA
CX5AN005
VI. PUBLIC MBTICOI'ATOON OR lION-
AGENDA ITEMS
VII. CONSItNT At2ElmilbA
A. t'obllo ttoqarsru fur 000nnetApotda Chraignu,
(Iliac TKA. Otdionosou for Introduction
B, Macrobin Itestonatn fun' Cau,noaAgrada (inaugta
C. Anuosabtyiction
I, OrdInances far lolrertmsotluo
a, Ordioonco2.f 16-iln(OtyAo Ordinance
Approprhtsiogto lIce Massager boSom of 573,344
us Funsl'sng (or shoiuscuolsatoreatlnoalAlrpofl
Al-raft ffieanas cml Plus ttiglsttag(AlltJi F)
lratldlogMadlfcatteos Capital lsopruvereoot
Pro(uctiSendlogPravhtsd by nbc Slate ad Alerts
Ifoptartmsnt eITt'asopntiutioo.
b, OoSeuoce 2018-30 An Ordinance Amending the
Cnmprebossivo P1cc byAdopltng the Slanting
Action P1cc.
o. Otdivaooe2n16-31 Am Os'dloaoee Providing
for the lusoocre and Oslo eta General Obligation
School Rofmsdlog Band totter Aggregate
PrlsolpalAmommt of Nat to Second S18,9011,0 0:
and Previdisig for line Poise end Terms of Otto
Band and for tiollatttstd Tan Lenten In Pay the
Bond,
3, Oltsor ldesssefur Coastal
a. 0112 I(esdow of Slate ad Monks -Slaodcrsl
Marijuana catltesultoapurllttyLicense ifltl2ltf
TOPUAZ LLC
TOIL Ff151500 11 FARING
A. Ount'ma000 2018-23(d) An Ordt0000eAmsadiog
the City and lteraegb of lustiest Cede to Adds
Now ThIo on Equal Rtgbfo,
0. Ordinance 2flti-20(AV) AoAppraprtultnn
Transtenrinyta the hlunagor the Sum 5(542,203
eullY140opplsssmtntotreading for the i.aw
Department; Pending Provided by The 0poe
Spurs Waterfront Lund Auqelotsten Capitol
ImpravemsuttFrolosn.
COrdhtoouo2Old-ltfGl AoAppraprtsttuo
Transferring 6i3te Manager the Suet of
5250,000 as Paudlog for Ike Macsterna 0111cc
Operating Budget: Pending Provided by the
open Space Wutrrfr000 LusadAoqsdstttoo Capitol
Improvement ProjorL
13, Oaltoaaao 211 ldStt(C) Ms Ordinance
Appruprlullag cc the Manager she Sum of
S2,40,000 as Psrtle101uesttsal for Construction
eI'theAuntru Small Beat harbor Rs-BsIId
Project Pirate 51 hnoedtogpuontdnut hy the Alaska
Department of 'frsnsportuuiuts,S'ubltc FuclIttIsu,
Municipal Harbor Facility GrarstPrngrem.
E, Ootissocst 2016-110)13) An Ordinance
Appropriating to 1150 Manager Ibodrsm of
016,600 as Funding for hiubeocod escsrs-tly end
Monitoring Cupobllhloa at the I)eansla,rss Cretan
Shttp Docket Groat lleodiogtaPraietdod by fit
Department at Ilomoluod Security Pest Security
Grant
P. Osdiooece201609(P) OrdtnsneoAppro1srtullng
In lbrMuougerttto Sum of$14,382,tt7eu
Funding for the Juneau SncarealtaotdAarpart In
Cortsts'oco utlrsstwRemosnst Rqnlpssuenl ltoildtog
Capital tmprovemr000rajoctl Funding Provided
by flocFederal AotottauAdmtntatrutlno.
G, Ordinance 2016.22Aa Ordinance Amending
theBsttmseas Esgalutiasts Casio Relelteg to
Mus'tjau.ssu aodAIenhset,
I1.0rsttuasuco2016-27Aa OrtttoaneeAuttsarlclrsg
the Manager to Cueney Sneel unit Lao? otlito
Rennlapet'Snbsltvtstoss to IbeAtastue RousIng
Davelupmesst Corporation.
L Ordinance 2101 11-28 An OrdtaeoceAsmsadteg
the City cod iluruss5h Code Itolosteg to Crtesloat
(Intestate and Feoatttou,
I. Ordinance 20101-29 An Ordinance Ascending the
liotforus Sales Tax Code Rotoslssg to-Olin Senior
Ctltzen Saint TusItnesnpllae and Msrljnassu.
10L UNFINISHED BI1SLNF.SS
3LNEWSIIJSINESS
A. Resolution, 2ld5ub gteoololton of the City end
Borough nfjooeuu to Stqspnri ofthcAcqotottlnn
ofthoAekr Say Merle StuttuoThraogtu the
MnrtltmoAdmtnblrutteo (MAR50) Port
Coss'oeyoocoProgram.
B. Notice, of Appeal- South cost Atnslcu,Land lhnmat
yCBlAuoeotor
C. Halite of Appeal- Nader vPlanning
Cammlaetae -US ElalsI 0020 Pot Greunstag di
'Ituordiog
D.OleotorCitzars Last Pllo -l0ese'asllt
E. tester Cilloco Late Silts - SatIre
F. Senior Citizen Lute File .'lIr'Iltlomo
C, Rurddtstp Lute PlIu-I'osecrs
XI. STAO'FItEPOJtTS
XIS MSEMIIL's! IltIPOItuTS
A. Mayor's ttcpeot
11. Custtnnittro And Litiuuu Ropuslu
C. O'reuidiog Oilt000ltopnrin
XIII. A5SLtMIttX COMMENTS AND
QUESTIONS
XIV CONTONO1ittION OF PUBLIC
PARTICIPATION ON NON-AGENDA ITEMS
XV. EXECUTIVOt 0055505
XSnLAIS1013RNMENT
.rdritfiJu,. 000a000csesdu2usuAculssieU000 concoct: Plsaea000tcmr ins thOnS nines n2r,ucno onlorno coy meolona
tOy m soan5emOnlO toy ho ionic to6005 .69' bnouso iamnnolor pru550 0.00 ou000spe OunluO*.g 0.0
s..,L Oomamtlfs unenda mono ecu5shts, moOnS's enoarreor0000umhrotmanost210,T000nn.uali,
most C0u,ttoatalcreuu.oro
P050elnnt:Aat'unl 10,2010 Ao.rnolan
1 of 10/27/2016 12:52 PM
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Meeting Minutes - August 22, 2016 ¶ 4o D j c, T j v-PJ
MEETING NO.2016-29: The Regular Meeting of the City and Borough of Juneau Assembly, held
in the Assembly Chambers of the Municipal Building, was called to order at 7:00 p.m. by Mayor
Ken Koelsch.
Assembly Present: Mary Becker, Jamie Bursell, Maria Gladziszewski, Loren Jones, Jesse
Kiehl, Ken Koelsch, Jerry Nankervis, Kate Troll and Debbie White.
Assembly Absent: None.
Staff Present: Rorie Watt, City Manager; Mila Cosgrove, Deputy City Manager; Amy Mead,
Municipal Attorney; Beth McEwen, Deputy Clerk; Jess Brown; Health and Wellness
Coordinator; Andy Migel, Safety Officer; Jennifer Mannix, Risk Manager; Roger Healy,
Engineering and Public Works Director; Susan Phillips, Executive Assistant III; Deb Senn,
Law Office Manager; Audrey Dean, Litigation and Support Assistant; Sherri Layne, Assistant
Attorney II; Pam Wahto, Airport Manager; Gary Gillette, Port Engineer; Greg Chaney, Lands
and Resources Manager; Bob Bartholomew, Finance Director; several JPD and CCFR staff
members.
II. SPECIAL ORDER OF BUSINESS
A. Recognition - See Ya Crew
Mayor Koelsch recognized Mike and Erin Carriker and their children Noah, Logan and Harper
who were on the boat "See Ya" and noted a whale watch boat calling for help. They loaded 14
of 18 passengers on their boat. Other boats responded, and the whale watch boat sank. No lives
were lost. He commended them for their quick thinking.
B. Recognition - Steve Hamilton's Lifesavers
Mayor Koelsch recognized George Crowder, Tommy Vrabec and Pete Fergin for their quick
response and life-saving efforts when Steve Hamilton collapsed while playing tennis on
January 7, 2016. Mr. Hamilton is now fully recovered and Mr. Hamilton was present to thank
Mr. Crowder and Mr. Vrabec, who were able to attend the meeting.
-
C. Recognition - Andy Migel
Mr. Watt recognized CBJ Safety Officer Andy Migel who was recently named a 'Rising Star
for Safety 2016" by the National Safety Council. The organization has 50,000 members and he
was one of 40 people who were recognized nationwide.
D. Recognition - Sherri Layne
Mr. Watt and Ms. Mead recognized CBJ Assistant Attorney II Sherry Layne for her work as
CBJ Prosecutor for her outstanding performance 24/7. She has made herself available to CBJ
Assembly Minutes, August 22, 2016 Page 1 of 18
around the clock for over a year. Ms. Layn&s work product and attitude never wane and every
case was approached with equal thoroughness and enthusiasm.
III W'I J J tIA'L'I i] ik' I IIN
A. August 1, 2016 Regular Assembly Meeting 2016-28
Hearing no objection, the minutes of the August 1, 2016 Regular Assembly Meeting 2016-28
were approved.
I k' ,iIYeI 3 1 (111 &3 I 9 S] LIi 0 1 eI yi.j: ftJ 3I
A. The City Manager requests that Ordinance 2016-09(F) be pulled and reset for public
hearing at the September 12, 2016, regular Assembly meeting.
Hearing no objection, the Assembly removed Ordinance 2016-09(F) from the agenda and reset
the ordinance for public hearing at the September 12, 2016, regular Assembly meeting.
Hearing no objection, the Assembly removed Ordinance 2016-29 regarding the senior sales tax
exemption and marijuana as it was no longer necessary due to catching an error in the update of
the code on-line.
V. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
William Quavie suggested that the city sell water to help city finances. He spoke about his
frustration with the regulations regarding pedicabs, that he had turned down approximately 75
passengers but did give one gentleman a ride without charging any fees.
Bill Leigh02 spoke about energy issues and referenced the CBJ Comprehensive Plan regarding
Sustainability, and the draft energy plan before the Assembly. One of the keys to sustainability
is compact development and the project to extend the North Douglas Road violates that key
precept. When considering capital projects, CBJ needs to consider long-term life cycle costs.
VI. CONSENT AGENDA
A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction
None.
B. Assembly Requests for Consent Agenda Changes
None.
C. Assembly Action
.. MOTION, by Kiehl, to adopt the consent agenda: Hearing no objections, the consent agenda
AT was adopted.
1. Ordinances for Introduction
Assembly Minutes, August 22, 2016 Page 2 of 18
a. Ordinance 2016-09(H) An Ordinance Appropriating to the Manager the Sum of
$73,344 as Funding for the Juneau International Airport Aircraft Rescue and
Fire Fighting (ARFF) Building Modifications Capital Improvement Project;
Funding Provided by the State of Alaska Department of Transportation.
This ordinance would appropriate $73,344 to the Aircraft Rescue and Fire
Fighting (ARFF) Building Modifications capital improvement project. Funding
is provided as follows: Alaska Department of Transportation grant: $73,344.
The FAA funds 93.75% of the project with the remainder being split between
State of Alaska Dept. of Transportation (ADOT) and Juneau International
Airport. FAA and JIA funding has previously been appropriated. The Public and
Facilities Committee reviewed this action at its June 27, 2016, meeting. The
Airport Board approved this action at its August 9, 2016 meeting.
The City Manager recommends this ordinance be introduced and set for
public hearing at the next regular Assembly meeting.
b. Ordinance 2016-30 An Ordinance Amending the Comprehensive Plan by
Adopting the Housing Action Plan.
This ordinance would adopt the Housing Action Plan, and amend the CBJ's
Comprehensive Plan to include the Housing Action Plan.
On October 26, 2015, the draft plan was presented to the Assembly Committee
of the Whole. The Affordable Housing Commission and staff further refined
the plan, and at its June 7, 2016, meeting, the Affordable Housing Commission
voted to move the plan to the Planning Commission. On July 12, 2016, the
Planning Commission, by unanimous vote, recommended that the Assembly
adopt the plan as an addition to the City and Borough Comprehensive Plan.
The Housing Action Plan will be referred to the Committee of the Whole for
consideration at its August 29, 2016, meeting.
The City Manager recommends this ordinance be introduced and referred
to the Committee of the Whole.
Ordinance 2016-31 An Ordinance Providing for the Issuance and Sale of a
General Obligation School Refunding Bond in the Aggregate Principal Amount
of Not to Exceed $18,900,000; and Providing for the Form and Terms of the
Bond and for Unlimited Tax Levies to Pay the Bond.
This ordinance would authorize the issuance of up to $18.9 million in bonds to
refund (refinance) the 2006A general obligation school bonds. The original $44
million in bonds were sold September 15, 2006. The original bonds were sold
directly into the market by CBJ but the refunding is being done through the
Alaska Municipal Bond Bank.
The amount being refunded is $18.8 million plus issuance costs. If CBJ issues
the refunding bonds in October 2016 the refunding will result in an estimated
total savings of $1.4 million over the remaining life of the bonds. The term of
the new issue will be the same as the original (final payment December 2021).
Assembly Minutes, August 22, 2016 Page 3 of 18
These bonds qualify for 70% reimbursement under the State's School
Construction Bond Debt Reimbursement Program. However, the reimbursement
under the State's Debt Reimbursement Program is subject to annual
appropriation by the Legislature. The debt service component of the property
tax mill rate funds the remaining portion of the payments.
The City Manager recommends this ordinance be introduced and set for
public hearing at the next regularly scheduled Assembly meeting.
2. Other Items for consent
a. CBJ Review of State of Alaska - Standard Marijuana Cultivation Facility
License 410270 TOP HAT, LLC
The Alcohol Marijuana Control Office (AMCO) sends local governing bodies
notice of Marijuana License applications which allows local governing bodies
the opportunity to protest or waive its right to protest the issuance or renewal
of these licenses. CBJ received notice of a State of Alaska Standard
Marijuana Cultivation Facility License #10270 from TOP HAT, LLC to be
located at 2315 Industrial Blvd. Juneau, AK 99801.
CBJ staff from the Police, Fire, Finance, and Community Development
departments reviewed this application for compliance with CBJ laws and
regulations and recommend the Assembly waive its right to protest the
issuance of this license. As to CDD's recommendation: although the
Assembly may protest a license for an applicant's failure to obtain a local
license, in this case, even though the applicant does not yet have a local
license, CDD recommends allowing the applicant to move forward. The
applicant has secured a conditional use permit. Once the CUP is approved and
the state license is received, CDD will issue the local license after an
inspection. Should the applicant fail the inspection, the local license will not
be issued and the applicant will be prohibited from operating in the CBJ
despite having obtained a state license.
Due to the large quantity of documents associated with each marijuana
license, your paper packets have been limited to the following documents:
State of Alaska Alcohol & Marijuana Control Office Notice to local
governing body and the License Application #10270 online form
Form MJ-0 1: Marijuana Establishment Operating Plan
Form MJ-02: Premises Diagram
Form MJ-04: Marijuana Cultivation Facility Operating Plan Supplemental
Conditional Use Permit 2016-0013 Notice of Decision
The full set of documents is available to Assemblymembers electronically
using the NOVUS BoardView portal in your online packets. Original paper
copies of all the documents relating to this license are available for public
review in the office of the Municipal Clerk during regular business hours.
The City Manager recommends the Assembly waive its right to protest
the issuance of this license.
Assembly Minutes, August 22, 2016 Page 4 of 18
Juneau Empire I Friday, September 09, 2016 I A6
http://digital.olivesoftware.com101ive/APA/JuneauEmpire/Print.Artic...
MEETING & EVENTS SCHEDULE
September 9 19, 2016
This listing includes meetings scheduled by
Sertember B, 2t11B
For updatno, please rofertce pr//www.juneau.orgf
calendarj/lr.den.php
Friday. Sep ember P 2016
6pm: Perks and. Recreation Advisory Committee
Spnciei Meting, Topic: Continse Dite rnoio,s and
Reconsideration of the Current Motion Concerning
Fireworks in Parke
Monday September 12, 2016
tipm: Juneau titter Cities Committee, BItt
Conference Room
t:tOpsss Juneau Humus Rights Commission, City Hall
Conference Room 217
6pm: Assembly Human Resources Committee,
Chambers
7pm: Regular A emibly Meting, Chambers
Tuesday, September 13, 2016
4:30pm: Board of Education Opens House Followed by
Regular Board Meting, TMHB Library
5pm: Planning Commission Committee of the Whole,
Chambers
5:30pm: Youth Activftiosi Beard, City Hall Conference
ROsnin 224
7pm: Planning Commission, Chambers
Wednesday, September 14.2015
Henri: Juneau Local Emergency Planning-Committee,
KtOtP As 200 Room
5:30pm: Douglas Advisory Board, Douglas Library
5:30pm: Juneau Commission on Sustainnbliity,
Downtown Library barge Conference Roost
Thursday. September IS. 25115
lOam: 1150000 Coordinotod Transportation Coalition
Meeting, Marten View Bldg 4° Floor Conference
Room
12:30pm: Americans with Disabilities Act Committee,
Downtown Library Large Conference 150Dm
Opine Joint Assembly Sn School Board Facility
Plannieg Committee, Chambers
10pm: Bartlett Regional Hospital Flounce
Committee, Mill Admin Boardroom
1:10pm: Ws5iens Cowicw Board licgulsrtseetirsg,
Cily I la-il fcrc,co foam 224 CANCItLLED
Friday. September 16, 2016
No Public Meetings Scheduled
Monday, Bensten,berini. 2015
Noon: Assembly Public Works & facilities
Consnraittee, Chambers CANCELLED
5pm: Assembly Lands Committee, Chambers,
CANCELLED
6pm: Assembly censmiflen of the Whole
Workoesafoni, Chambers CANCEU.ED
CBJ BOARDS, COMMISSIONS,
COMMITTEES & COUNCIL
VACANCIES
Clii has a number of vacancies on its boards,
,commissions, committees and/or councils, Chuck
online etww.juneaa,org/cierlt/boartis/Qoard_
Malnpagttghp fern complete list of all upcoming
open seats, along with application instruttl005
and nice dotes, For more information, contact the
Municipal Clerk's Office at 586-5276 or in person at
Beans 202 of the Municipal Build lng155 S. Seward
Street, Juneau, Alt 99601 or via email at City.Clerk
Jonena.org,
ASSEMBLY AGENDA / MANAGER'S
REPORT
THE CITY AND BOROUGH OF
JUNEAU ALASKA
September 12, 2016 7:00 PM
City Hail Assembly Chambers
Regular Meeting 202842
Submitted ST.
Duncan Rorie Watt
City and Borough Manager
I. FIAtI SALUTE
IL 01011 CALL
Ill. SPECIAL OiwElt OF BUSINESS
A. Recognition Don lager
8, Homelessness Awareness
IV. APPROVAL OF MINUTES
V. MANAGER'S REQUEST FOR AGENDA, CHANGES
Vi, PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
VII, CONSENT ABEIdDA
A. Public Bequests For Consent Agenda Changes,
Other Thun Ordinances for introduction
IL, AosenssblyRequests fec Consent Agenda Changes
C. Assembly Action
3. Ordinances for Introduction
a. Ordinance 21106-34 An Ordinance
Authorizing the Port Director to Lease Alaska
Tidelands Survey 13 to Andrew's Marine,
ilsompurated,
b. Ordinance 2016-10 An Ordinance
Asthorieinsgthe Port Directorto Lease Ti'acts B'S and
8-2 Alaska Tidelands Survey 1326, to Central Council
Tlingit and liolda Indian Tribes of Alaska, ti/b/a
TIini$t& Heirla immersion Park, tLC
c. Ordinance 2016-0I11) An Ordinance
Appropriating to the Manager the Sum oF$2,311,219
as Funding for the Juneau International Airport
Design & Construct Geothermal Leap Fluid for Snow
Removal Equipment Facilities Cupitol Improvemene
Project, Funding Provided try the Federal Aviation
Admielntutlionv,
d. Ordinance 2016491Jj An Ordinance
Appropriating to the Manager the Sum of $700,000
an Funding for the Juneau international Airport
Taxiway A& Runway incursion Mitigation (RIM)
Capital Improvement Project; Funding Provided by
the Federal Aviation Anlnn,ilsietratjOu end the Juneau
International Airport Fund's l'unnl Balance.
e. Ordinance 2OIB-Iui-)K)AnOrdinance
Appropriating to the Manager the Sum of $3,748,000
as Funding for the Juneau international Airport
Runway Safety Area Phase 118 Capital Improvement
Project; FuudlnvgPeuaided by the Federal Aviation
Administration and Juneau International Airport
Fuud'spund Balance.
2. Reoolullusan
1, Resolution 2766 A Resolution Adopffngtbe
Emergency Operations Plan for the City and Bernagls
uFJuTnleuU, and Repealing Resolution 2236.
b. Resolution 7767 A Resolution Establishing
the Fees for Animal Control and Protection Services,
and Repealing Resolution No, 2081,
3. Bid Award
aJNIJ Runway Safety Area Improvements,
Phase 28- BEI.7-5145
4. Liquor License
is. Liquor license Transfers
Transfer of Reetaurant/italing Place Liquor
License 114584 Zephyr LLC, si/b/a Zephyr, Location: No
Premises TO: Doug Trucano, No ti/b/n, No Premises,
Transfer *f Beverage Dispensary Liquor
License lOB Arctic Bob Inc., dJh/a Arctic Bar l.ocatisn:
148 S. Franklin Street TO: The Narrows Bar LLC ti/b/a,
The Narrows BnrLLC, Location; 148£. Franklin StrOnt,
VIII PiJB1.tC HEARING
A. Ordinance 201l-(i9(r) An Ordinance
AppropriatIng Roche Manager the Bum of
$34,362,801 as Funding for the, Juneau international
Airport to Construct n Snow Removal Equipment
Building Capital Improvement Project Funding
Provided by the Federal Aviation Administration.
B. Ordinance 2016.DBfHj An Ordinance
Appropriating to the Manager the Beast of $73,344
as Funding for the Juneau International Airport
Aircraft Rescue and Fire Fighting (ARFF) Building
Modifications Capital Improvement Project; Funding
Provided by the State of Alaska rnegertsssentof
Transportation,
C. Ordinance 2016-11 An Oetiimsunre Providing
For the Issuance and Sale of a General Obligations
School Rafundiag Bond ie lheAgerngote Principal
Amount of Net to Exceed $18,003,000; and
Providing for the Form and Terraced the Bond and
For Unlimited toe Levies to Pay the Bend,
IX, UNFINISHED BUSINESS -
IC NEW BUSINESS
A. Lin3lnur License Teamster -11851 Bedfsther's,
LLC
Ill. STAPFISEPORTS
Mi. ASSEMBLY REPORTS
A. Mayor's Report
B. Committee and Liaison Reports
C. Presiding Officer Reports
XIII. ASSEMBLY COMMENTS AND QUESTIONS
XISL CONTINUATION OF PUBLIC PARTICIPATION ON
NON-AGENDA ITEMS
i-OIL EXECU1TV6 SESSION
A. Update by City Attorney on CLIM Litigation
B, Cnilcclivo Bargaining
XVI ADJOURNMENT
46,giaif q
?L&Ii
mm
.,yfltti,y. AOAAsoomnredehnno Available Upon Request: Please consIst: use CleeWe eiflse 72 hours prior
s - to any nreeimn9 no arrannnnsents can be made to have a lae issnasapo Interpreter pmesehl or
an audioiape conialnln'lhe Aesembisre agenda made avolbbie. The Clerics office telephone
niumborlu 686-5278,TD1)5685351, 0-nest: Cily.Clenitnfljuneau.crp
Publisihaci: Snrslombem 9, 2016 AO.-10B105
1 of 1 10/27/2016 1:00 PM
:1 aJ i'ai ii :is t.iirei : io i.Ju pj'j rc
-4 Meeting Minutes -September 12, 2016 ?L4,fic
MEETING NO. 2016-32: The Regular Meeting of the City and Borough of Juneau Assembly, held
in the Assembly Chambers of the Municipal Building, was called to order at 7:00 p.m. by Mayor
Ken Koelsch.
I. ROLL CALL
Assembly Present: Mary Becker, Jamie Bursell, Maria Gladziszewski (teleconference), Loren
Jones, Jesse Kiehl (teleconference), Ken Koelsch, Jerry Nankervis, Kate Troll and Debbie
White.
Assembly Absent: None.
Staff Present: Rorie Watt, City Manager; Mila Cosgrove, Deputy City Manager; Amy Mead,
Municipal Attorney; Laurie Sica, Municipal Clerk; Bob Bartholomew, Finance Director; Roger
Healy, Engineering and Public Works Director; Rich Etheridge, Fire Chief; Dan Jaeger, Fire
Marshal; Scott Ciambor, Chief Housing Officer; Patricia Wahto, Airport Manager; Ken
Nichols, Airport Engineer.
II. SPECIAL ORDER OF BUSINESS
A. Recognition - Dan Jager
Chief Rich Etheridge said that Fire Marshal Dan Jager recently received a certification from the
Center for Professional Excellence, a worldwide recognition, and there were only 110 Fire
Marshals with this certification. Mr. Jager has been with CCFR for about 12 years and he has
done significant research. Chief Etheridge provided him with his challenge coin. Mr. Jager
said he has a great job and that his achievements were based on a team effort of his chief;
fellow employees and family.
B. Homelessness Awareness
Chief Housing Officer Scott Ciambor said that Charleston, SC had created a public art display
with 530 figurines of homeless people outside their City Hall to raise awareness of the
problem. Charleston sent each capital city a figurine for display, with a Q-code attached so that
people could link their phones to an explanation of the project. Mr. Ciambor provided statistics
on homelessness in Juneau and said a press release would be issued about the art installation.
III. APPROVAL OF MINUTES
A. August 22, 2016 Assembly Minutes
Hearing no objection, the minutes of the August 22, 2016 Regular Assembly Meeting 2016-32
were approved.
p rM3 D[I1,J i I) IXCJ I jIij : 1h[C1 *i
Assembly Minutes, September 12, 2016 Page 1 of 13
a. Liquor License Transfers
The following liquor license transfers are before the Assembly to either
protest or waive its right to protest these transfers. The Finance, Police, Fire,
and Community Development departments have reviewed these businesses
and found them to be in compliance with CBJ Code.
In the event the Assembly does protest either of these license transfers, 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.
Transfer of Restaurant/Eating Place Liquor License #4584 Zephyr LLC,
d/b/a Zephyr, Location: No Premises TO: Doug Trucano, No dlb/a, No
Premises.
Transfer of Beverage Dispensary Liquor License #76 Arctic Bar, Inc.,
dibla Arctic Bar Location: 148 S. Franklin Street TO: The Narrows Bar
LLC dibla, The Narrows Bar LLC, Location: 148 S. Franklin Street.
The City Manager recommends the Assembly waive its right to protest
the above liquor license transfers.
VII. PUBLIC HEARING
A. Ordinance 2016-31 An Ordinance Providing for the Issuance and Sale of a General
Obligation School Refunding Bond in the Aggregate Principal Amount of Not to
Exceed $18,900,000; and Providing for the Form and Terms of the Bond and for
Unlimited Tax Levies to Pay the Bond.
This ordinance would authorize the issuance of up to $18.9 million in bonds to refund
(refinance) the 2006A general obligation school bonds. The original $44 million in
bonds were sold September 15, 2006. The original bonds were sold directly into the
market by CBJ but the refunding is being done through the Alaska Municipal Bond
Bank.
The amount being refunded is $18.8 million plus issuance costs. If CBJ issues the
refunding bonds in October 2016 the refunding will result in an estimated total savings
of $1.4 million over the remaining life of the bonds. The term of the new issue will be
the same as the original (final payment December 2021).
These bonds qualify for 70% reimbursement under the state's School Construction
Bond Debt Reimbursement Program. However, the reimbursement under the State's
Debt Reimbursement Program is subject to annual appropriation by the Legislature.
The debt service component of the property tax mill rate funds the remaining portion
of the payments.
An informational update was provided to the Assembly Finance Committee at its
September 8, 2016, meeting.
The City Manager recommends this ordinance be adopted.
Public Comment:
Assembly Minutes, September 12, 2016 Page 6 of 13
None.
Assembly Action:
MOTJO]L by Bursell, to adopt Ordinance 2016-31. Hearing no objection, it was so ordered.
B. Ordinance 2016-09(F) An Ordinance Appropriating to the Manager the Sum of
$14,382,817 as Funding for the Juneau International Airport to Construct a Snow
Removal Equipment Building Capital Improvement Project; Funding Provided by the
Federal Aviation Administration.
This ordinance would appropriate $14,382,817 to construct a Snow Removal Equipment
Building (SREB) capital improvement project. Funding is provided as follows: Federal
Aviation Administration grant: $14,382,817. The FAA funds 93.75% of the project with
the remainder being split between State of Alaska Dept. of Transportation (ADOT) and
Juneau International Airport local match. Airport local match has been previously
appropriated, and an ADOT matching grant is anticipated shortly.
The Public Works and Facilities Committee reviewed this action at its June 27, 2016,
meeting.
The Airport Board approved this action at its July 28, 2016, special meeting.
The City Manager recommends this ordinance be adopted.
Public Comment:
None.
Assembly Action:
MOTION by Bursell, to adopt Ordinance 2016-09(F).
Ms. Troll asked if the matching grant was expected shortly and Mr. Watt said it would be
received within a month. There were sufficient funds available to move forward with the
project without delay.
Hearing no objection, Ordinance 2016-09(F) was adopted.
C. Ordinance 2016-09(H) An Ordinance Appropriating to the Manager the Sum of $73,344
as Funding for the Juneau International Airport Aircraft Rescue and Fire Fighting
(ARFF) Building Modifications Capital Improvement Project; Funding Provided by the
State of Alaska Department of Transportation.
This ordinance would appropriate $73,344 in State of Alaska Department of
Transportation (ADOT) funding to the Aircraft Rescue and Fire Fighting (ARFF)
Building Modifications capital improvement project. Funding from the FAA and Juneau
International Airport has previously been appropriated. The FAA funds 93.75% of the
project with the remainder being split between ADOT and Juneau International
Airport. The total project cost is approximately $2.3 million.
Assembly Minutes, September 12, 2016 Page 7 of 13
THE CITY AND BOROUGH OF JUNEAU
YOUR MUNICIPALITY
MEETING & EVENTS SCHEOULE PADIRANv
September 16- 26. 2016
'this 0000g nd/Oat maotrnto soheA//ad by September 13, 2010
Arrd04r /rro far too tMo/orrto and Rota at oGeyasl
Oh/pot/ott Ootrod Refunding Bond fin Me Aggregate Principal
An/cord of Not to Es000d $1000,000n and Prot//ary (or the
For utdotno, ploaso rafortot Form and Tenors at too No/rd and for U/am/ted Too so/es to Pay
ht/n*or//nnoorrjrrofoy/ador/5odenxdrn the Bond, Map/ad' -
Ethic Botorn/ooLl/hldid/ A000SPOCNPJ/LABCBB
Na Publicf/eaSt/Sn Sd/ad//nd
/2nd/noose 2010-Ot(E)
Mcnd/oy,ow1mabsri3,2diI An Ord/,5000Approprtotrg to the Mono/too the 000/ at
Nmot.n-Aoeeenb/y-PobI/a-Wae/o-&Pao//t//oo-GOn,00/Oa0r- 0/4,305,5/7 At P/her/teat/tat Funding /oatho Joynwtt
0/000/hera CANCELLED ttBq/dprrtor/tBuilding International Airport (tons/a/tot bno/rRaO000
po,oeweIohooat-/4/otnobet-o CA//CELLED Capitol /opt000mont Pot/ott F000/atS Proc/dod by the Fodorot
Opeor-Oaooeroblp4orroor/Oe.-nfiho-W/oo/o-Waeb0000000t- ho/trootrAdyro4o/rot/on,Adop/ad.
GO/eteS0000 CANCELLED
Dad/noose 2010.60(//(
Tosodsy. Saototerbep2t, 2010 Ott Ord/rtsnoa Apptopt/e//ng to OtO M000/at/ho 000/01
0000nob/yorowbe000ttoodrngoot/ttr000r Corrb-/otnao /0 $73,344 an Food/yB toe Ore ,horoao /y/eroo//onat Airport Aircraft
/°o/orotr/o0 Un20-t/(/2 Rosario an d FirePyhb//t/ (A/DaF) Nodding Moditto/001 Cop/tot
4pnrr A/toot/on Noord-Opatot/orro Oontnot/tao, Augustus But Improvement Pro/aoL Fat/ding Ftao/dOd by the State ofooteotro
Pool Oepornoent oti'tsnepto/ot/oo Artop/cA
ErtOpori Ban/ott Rrro/orrat eonS/tot F/na000Committee, BR/n
Ado//n £/otrrdro000 RESOLUTIONS
Opon (oman 0,00/0 0/not/nt Conrro/ttoo, Daorrt/k'//tOOo/Middle
Othon/L/hrory 0000/attan 2760
AR000t0000 Adapting the Ernatoonoy Opar00000 Pion tot the
Wodo00do_tLitoIttootko//2iiRiO C//pond Demean otjltono/t, rood Rapoot/rrt Reso/ot/on 2240,
Symt itt/at/S CottA//on Mont/nt, Mortrt-oV/rrw Bldg 4° Floor Adopted,
SP 000ho & Horboro-OPSJP/000/ng Cnnndttoe,Ci0'/400
C000000on tOo//rn 224
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NOTICE OF PUBLIC HEARING
SpIro Don/A A/'/arborofotodotar Board 1000000, Chambers
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RESCHEDULED FM 0/29 tars pob/iohearht5 by Cityond Barorryha/Jtrrtaootetosba
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224 the CO//cobs/to 0/n t/ttdL/OySd'JotiOoO,Orot/&OSBO/&tyhto.00O.Sttt
10000 Vsrrdor Booth Peter/il /40//tern Meeting, City /to/ M00000r Saptoor00026, 2016,7 IuM, Re//OlarA050rOb/y
Contort/nor 0000r 224
P/cool Sotiho /o /1/St/onto 20U3 Otottor /100/Or 0/ron//ItO/re (At/a Mae/tog. 0050mb/y 0/romeoro
Bay) 0/tot 0/Season Boo/ow, City Hot[ 000tererroo Room 224 0141/050ea 20/043
An Oo/inoyoetrol/rot(cioy000 Pto/ Diren/or to Loose TraDe Mor040y,050000rborttE. 2010
R20pmn Jo/woo /1/tray P//Ohio Coot/er/on/an. Ct/p /401 tot and (h2,A/es/raT'detandsOrr'toy 1328, to Central Cot/tot
Cotrfer0000 Room 224 '1t/n5// end Ho/do tad/on Tribes of Alaska, dbe/a'flbrg/t&Ha'do
Immersion Print,U.C.epomr-Aseormbly+/eerero-/Ooo0000004or0000400n /r/roerboea
CANCELLED 0,4/0/0002010.34 lpnrn Rogoloritasaotbtyr Msat//rg,000mbere An Ord'aronoeAunrot'a/nc the Pon/O/roo/arto LaeeeAtos//o
00./Booed/or Comm/en/coo, comm/Boos & Council Vinci Tidelands Survey 30 /oMdroo's Marine, Incorporated.
The tr/100/ng toe/st of 0000n000 on COO boards, ooryrr/os/ono, Oed/000r/o 2010-055/
, Ordinance to//to Manager 0/0 Soot of oomoo/t000 and/or too/noOn. Appboe/lor/o atop be p/c/red op
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0 C/trnttoot Geothermal Loop Field for Snorw Rotor/al Et5/r/pn/ont
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by 00000000-4052, 010/0 atro/ at Clty,Clo/b/5/l/0000/Loo/0t. For
faotoe /r,00mrotion, 001 0/0-0270. An Ord/n000eAppropdot/o5 to the Maoayor the S/rot of $700,000
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Juneau Empire I Friday, September 16, 2016 1 A4
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