ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, January 30, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-02

Submitted by: Rod Swope, City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition

IV. APPROVAL OF MINUTES

A. January 9, 2006 – Regular Meeting 2006-01

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 2006-02
An Ordinance Authorizing The Manager To Negotiate The Sale Of Certain City And Borough Land In The Vicinity Of Costco, To Home Depot, And Setting Forth The Price And Other Conditions Of Sale.

Ordinance 2006-02 authorizes the Manager to complete the sale of 9.43 acres within Lot 3, HDK Subdivision to Home Depot. The Assembly, on January 10, 2005, adopted Resolution 2296 that authorized the negotiations. On January 10, 2006, the Planning Commission approved and made recommendations on the subdivision, development, and disposal of the property. Those recommendations are contained in the Preliminary Subdivision Plat, Conditional Use Permit and parking Variance approved for the Home Depot project. The final terms and conditions of the land sale are subject to final approval of the Assembly.

The property will be sold at the fair market value of $4,111,730 less a credit of $150,000 for an extension of a portion of Commercial Blvd. to the boundary of the new lot. Home Depot will be responsible for paying for the remainder of the extension of Commercial Blvd. along the new lot frontage. There will be an additional credit to Home Depot for the construction of a bench along the rear property line of the store for a road to serve future transportation needs of the City. The amount of this credit is being refined at this time and will be available for the public hearing on February 13, 2006. The sale will be cash at closing, to occur upon the issuance of the remaining permits for the project.

For traffic mitigation, the Planning Commission is requiring that a right turn lane be provided on Glacier Highway in front of the Wells Fargo Bank. Additionally, Anka Street will be widened to three lanes with sidewalks on both sides. Home Depot will pay for the cost of acquiring the right-of-way and constructing those improvements.

As part of the construction of the bench behind store, Home Depot will be responsible for disposing of material for the bench and backslopes and installation of slope stabilization measures and maintenance of the slopes until such time that the City constructs a public street on the bench. This bench will provide for a connector street between Commercial Blvd. and Anka Street or possibly be part of a larger road connection to Glacier Highway as a second access into the Lemon Creek commercial area.

As part of this project, Home Depot is offering to donate to the City, 7.27 acres of privately purchased land that contains valuable wetlands at the headwaters of Vanderbilt Creek. I would like to acknowledge the generosity of Home Depot in making this donation.

The Assembly Committee of the Whole, at its meeting of January 23, 2006, reviewed the project and recommended the ordinance be introduced and set for public hearing.

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

b. Ordinance 2006-04
An Ordinance Providing For The Issuance And Sale Of General Obligation School Bonds In The Principal Amount Of Not To Exceed $2,000,000; Providing For The Form And Terms Of The Bonds, Unlimited Tax Levies To Pay The Bonds, Appointment Of A Bond Registrar And Authorizing A Preliminary Official Statement.

This ordinance will authorize the issuance of up to $2,000,000 in general obligation bond debt. This debt issuance is part of the $54 million in new high school GO debt approved by voters on October 5, 2004. The Bonds will be sold in $1,000 increments and directly to Juneau residents as mini bonds. The amount and maturity of the bonds to be sold will be determined upon buyer interest at the time of the sale. The actual bond sale is scheduled for April 8, 2006. Bond interest rates will be set by Seattle-Northwest Securities Corporation (Financial Advisor) the business day before the bonds are offered for sale.

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

d. Ordinance 2005-11(Z)        Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $5,178 As Repayment of Funds To Complete A Local All-Hazard Mitigation Plan, Funding Provided By The Alaska Department Of Military And Veterans Affairs.

This appropriation amends the Department of Military and Veterans Affair’s Pre-disaster Mitigation Grant as the result of allocating unused state funds to grantees that incurred eligible grant expenditures in excess of their original awards.

This amendment reimburses the CBJ general fund in the amount of $5,178 for monies already spent.

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

e. Ordinance 2005-11(AA)       Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $32,000 As Funding For The Juneau Wellness Court, Funding Provided By The National Council On Alcoholism And Drug Dependence.

The National Council on Alcoholism and Drug Dependence has received a grant from the Alaska Department of Transportation and Public Facilities to plan and implement a model Wellness Court for District I. A Wellness Court, is a court given the responsibility of supervising alcohol or drug abusing offenders placed in an intensive, closely monitored, treatment program. The grant includes funding for the City public defender and prosecutor to participate in the planning, and implementation and handle city cases for the Juneau Therapeutic Court.

Last year the CBJ and NCADD outlined a pilot program to ensure operational efficiencies.

This appropriation provides funding for CBJ to participate in the second year of the program. The grant pays for all CBJ staff time and does not require matching funds from the CBJ.

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

VIII. PUBLIC HEARING

A. Ordinance 2005-50
An Ordinance Amending Chapter 72.02 Rules Of The Road To Require The Use Of Bicycle Helmets By Persons Under The Age Of 18, And Providing A Penalty.

This ordinance would require persons under the age of 18 to wear a helmet when operating a bicycle. The fine for failure to do so would be $25, but the fine is to be waived if the person provides proof that they have purchased a helmet after the time the citation was issued. Present code makes parents and guardians responsible for violations of bicycle ordinances by their children. The ordinance was requested at the Assembly retreat, and the language was derived from ordinances of Anchorage, Kodiak, Sitka, and King County, Washington.

I recommend this ordinance be adopted.

B. Ordinance 2005-51
An Ordinance Creating a New Board of Equalization Panel.

This ordinance was requested by the CBJ Finance Committee based on the work of the Tax Policy Subcommittee. The Board of Equalization hears appeals of CBJ property tax assessments. Under the present Code, the Assembly sits as the Board. This ordinance would establish a new Board of Equalization as a standing board comprising a number of smaller panels as necessary. The draft ordinance before the Assembly was adapted from the Anchorage Municipal Code. The Assembly Finance Committee reviewed the proposed ordinance on January 4, 2006. The Committee approved suggested language changes and a motion to submit this ordinance back to the assembly for adoption as modified.

I recommend this ordinance be adopted.

C. Ordinance 2005-52
An Ordinance Relating To Cottage Housing Developments.

This ordinance amends Title 49 by adding a section on cottage housing development. A cottage housing development consists of four to fourteen small homes arranged around a common open space. Cottages may be developed at a higher density than the underlying zoning, but must meet site, architectural design and other requirements. Cottage housing is meant to provide for housing that responds to changing demographics and smaller-sized households; provide for single-family home ownership in a neighborhood setting;
support the efficient use of land and higher density in-fill in developed areas; and provide additional opportunity for housing development. The Planning Commission has reviewed the cottage housing concept several times over the past year and the draft ordinance and recommended adoption of the ordinance at its meeting of December 13, 2005. The Assembly Lands Committee reviewed the cottage housing ordinance at its January 23, 2006, regular meeting, and recommended approval of the ordinance following.

I recommend this ordinance be adopted.

D. Ordinance 2005-11(X)   Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $19,737 As Partial Funding For The Runway Safety Area Environmental Impact Study, Funding Provided By The Passenger Facility Charges.

This ordinance appropriates $19,737 in Passenger Facility Charges (PFC) for the Runway Safety Area Environmental Impact Study. These are matching funds to a recent Federal Aviation Administration (FAA) grant. The FAA grant and State matching funds have previously been appropriated; this PFC amendment, however, had to go through additional approvals, including a public comment period and air carrier consultation.

The Airport Board approved this action at its December 7, 2005 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2005-11(Y)     Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $1,519 As Partial Reimbursement For Staff Travel Expenses To The Annual Conference Of The National Trust For Historic Preservation, Funding Provided By The Alaska Department Of Natural Resources.

This ordinance appropriates a $1,519 grant from the Alaska Department of Natural Resources for reimbursement of CBJ staff expenses for travel to the annual National Trust for Historic Preservation conference.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses

1. Wholesale-General Liquor License #3166
The Odom Corporation 2006-2007 license renewal

The Police, Fire, Finance and Community Development Departments have reviewed these renewals and will forward their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on January 30, 2006. Based on the information provided at its meeting, the HRC will forward recommendations to the Assembly to protest or waive the right to protest the renewal of the above license. The 60-day comment period for the Odom Corp. license ends on Sunday, February 19, 2006; as this is a Sunday with a Monday holiday following, the period then expires at the close of business on Tuesday, February 21, 2006.

In the event of a protest recommendation, the code provides for the following informal appeal process before the Assembly:
CBJ Code 20.25.025(c):
(c) If the assembly or committee or a subcommittee thereof recommends protest of the issuance, renewal, transfer, relocation, or continued operation of a license it shall state the basis of the protest and the applicant shall be afforded notice and an opportunity to be heard at an abbreviated informal hearing before the assembly to defend the application. For the purposes of this subsection, notice shall be sufficient if sent at least ten days prior to the hearing by certified first class mail to the address last provided by the applicant to the municipal sales tax examiner. At the conclusion of the hearing, the assembly decision to protest the application shall stand unless the majority of the assembly votes to withdraw the protest.

I recommend the Assembly adopt the Human Resources Committee's recommendations for Assembly action on the above license.

B. Airport Proposed Regulations – Rates and Fees    Economic Impact Statement

The Airport consolidated all of its airline and concession rates and fees into one concise Regulation, which originally went into effect July 1, 2001, and was last amended July 2005. While the fees associated with Airport badging and access were established in the Airport access application forms, the Airport felt these fees needed to be included in the Airport’s current Rates and Fees Regulation. Concurrently, the Airport decided to re-evaluate these fees and thus proposed an increase for the fingerprinting portion of the costs. The increase was based on actual time spent performing and reviewing prints, and brought the rates up to industry standard norms for this service.

Additionally, the Airport needed to come up with non-signatory rates for use of the Airport terminal and gates for occasional-use commercial airliners and air taxis. After researching other airports, Juneau Airport proposed a tiered rate for various sized commercial aircraft. While this rate needed to be established at the Airport, it is not a routine occurrence and not a revenue source that the Airport will rely on for budget purposes.

Access related fees for fingerprinting, badging and media had already been assumed into the budget for FY06, but not solidified by Regulation. The only increase to these revenues would be seen in the fingerprinting fees. The anticipated increase to revenues for the remainder of FY06 is approximately $600 and is addressed in the fiscal note accompanying the regulation.

The Airport Board received no comments during the public comment period from December 14, 2005 through close of business January 4, 2006. The Airport Board approved the Rates and Fees Regulation at its January 11, 2006 meeting. Unless the Assembly directs otherwise, the Airport Rates and Fees Regulation will become effective February 6, 2006.

I recommend the Assembly allow the regulations to take effect.

C. Late-Filed Senior Citizen Property Tax Exemption Application - Beatrice Knudson

The Assessors Office has received a late-filed senior citizen application from a senior citizen property owner. The Senior Citizen/Disabled Veteran Property Tax Exemption application was due in the Assessor's office by March 31. The Assembly may, per AS 29.45.030(f), for good cause, authorize the Assessor to accept an application as if timely filed. As such, this late-filed application is being submitted to the Assembly for their consideration.

On December 21, 2005, Ms. Knudson completed her 2004 Senior Citizen Real Property Tax Exemption Application. She stated that Tlingit Haida advised her of this exemption this year. She purchased her home on May 24, 2002 and is requesting to receive an exemption for Assessment years 2003, 2004 and 2005. She is one-third owner of this property and is requesting the exemption for only her portion. The Assessor’s Office has reviewed this request and Ms. Knudson meets the qualifications for the Senior Citizen Exemption.

I recommend partial approval of this request, for the portion of the exemption for the year 2005.

XI. STAFF REPORTS

A. Smoking Ordinance
B. Lobbyist Contract

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

XVI. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Municipal Libraries and 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.


 


Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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