ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, May 15, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-13

Submitted by: _____________________________
Rod Swope
City & Borough Manager

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition
B. Board Recognition
C. Proclamation – Bike to Work Day

IV. APPROVAL OF MINUTES

A. April 24, 2006 – Regular Meeting 2006-10
B. May 1, 2006 – Special Meeting 2006-11
C. May 8, 2006 – Special Meeting 2006-12

V. MANAGER’S REQUEST FOR AGENDA CHANGES

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

VII. CONSENT AGENDA

A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction

B. Assembly Requests for Consent Agenda Changes

C. Assembly Action

1. Ordinances for Introduction

a. Ordinance 2006-17
An Ordinance Establishing The Rate Of Levy For Property Taxes For Calendar Year 2006 For The Budget For Fiscal Year 2007.

This ordinance would establish the mill rates for property taxes for 2006, which affects the City and Borough of Juneau’s FY07 operating budget. The Charter requires the Assembly to set, by ordinance, the tax levy for the FY07 budget before June 15.

The mill rates presented in this ordinance support the Manager’s FY07 Proposed Budget that is currently being reviewed by the Assembly Finance Committee. As part of the budget review process, the Assembly Finance Committee will review and recommend to the Assembly the final mill levies for adoption.

This ordinance proposes an operational mill levy of 9.68 mills and a debt mill levy of 1.16 mills, for a total mill levy of 10.84.

I recommend this ordinance be introduced and referred to the Assembly Finance Committee.

b. Ordinance 2006-18
An Ordinance Amending The Disturbing The Peace Code.

This ordinance was requested by the Juneau Police Department. Ordinance 2006-18 would reduce the penalty for disturbing the peace from a Class B Misdemeanor to an infraction with a $300 fine. Reducing the penalty to an infraction will make the ordinance easier to enforce.

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

c. Ordinance 2005-11(AV)
An Ordinance Appropriating To The Manager The Sum Of $63,077 As Partial Funding For Capital Transit Operations, Funding Provided By The Alaska Department Of Transportation And Public Facilities.

2005-11(AV) Economic Impact Note

This ordinance would appropriate $63,077 of federal funds. CBJ receives this operating grant routinely and includes it in the annual operating budget. In FY06 CBJ budgeted $120,000 for this grant. However, the actual award for FY06 is $183,077. This ordinance appropriates the additional grant funds.

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

d. Ordinance 2005-11(AW)
An Ordinance Appropriating To The Manager The Sum Of $2,370 To Adjust Fiscal Year 2006 Budgeted Library Grants To The Actual Grant Amounts Received, Funding Provided By The Alaska Department Of Education And Early Development.

2005-11(AW) Economic Impact Note

This ordinance would appropriate $2,370 to adjust the FY06 Library grant budgets to the actual amounts received. Three grants, as described below, are involved in this adjustment.

1. The Public Library Assistance grant will be adjusted upward from a budgeted $18,000 to the amount received of $18,600, an increase of $600; and,

2. The Regional Mail Services grant will be adjusted upward from a budgeted $107,000 to the amount received of $109,020 an increase of $2,020; and,

3. The Net Lender reimbursement grant will be adjusted downward from a budgeted $2,200 to the amount received of $1,950, a decrease of $250.

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

 

e. Ordinance 2005-11(AX)
An Ordinance Appropriating To The Manager The Sum Of $3,900 As Funding For The Purchase Of Public Access Computers, Funding Provided By The Bill And Melinda Gates Foundation.

2005-11(AX) Economic Impact Note

This ordinance would appropriate $3,900 for the purchase of public access computers for use at each of the three library branches. The Bill & Melinda Gates Foundation is providing this “Staying Connected” grant to public libraries that received or purchased computing equipment under the original Gates Foundation internet connectivity initiative in 2003. The intent of the present grant is to replace or upgrade equipment received in the first phase of the initiative.

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

f. Ordinance 2005-11(AY)
An Ordinance Appropriating To The Manager The Sum Of $109,000 As Funding For The Juneau International Airport’s Fiscal Year 2006 Operating Budget, Funding Provided By Operating Revenues.

2005-11(AY) Economic Impact Note

This ordinance would increase the commodities and services authority in the FY06 Airport Budget from $2,172,100 to $2,281,100. This increase is funded from user fee revenues and interest income. The need for additional funds resulted from an unanticipated increase in fuel prices and a larger order of chemicals in FY06.

The Airport’s retained earnings balance will be $2,670,400 after this appropriation.

The Airport Board, at its April 12, 2006 meeting, recommended this ordinance be forwarded to the Assembly.

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

g. Ordinance 2005-11(AZ)
An Ordinance Transferring To The Manager The Sum Of $69,302 As Funding For The Replacement Of Eaglecrest Ski Area’s Ski Rental Equipment, Funding Provided By Sales Tax.

2005-11(AZ) Economic Impact Note

This ordinance would transfer $69,302 in sales tax from an existing capital improvement project, Eaglecrest Deferred Maintenance, to Eaglecrest’s operating budget to replace the existing ski rental equipment.

These funds were originally intended to be used for the design work for Eaglecrest sewer and water system upgrades. However, Eaglecrest does not currently have any projects planned for these two systems nor does the Department of Environmental Conservation have any requests for any upgrades at Eaglecrest.

One of the missions of Eaglecrest is to increase the number of people who use the ski area. One of the most effective methods to increase usage is to bring new people to the sport. To that end, it is critical that these new people have a very positive first experience at Eaglecrest. The current rental fleet, if used any longer, could pose a serious health issue for new skiers and snowboarders at Eaglecrest due to the fleet’s age and the possibilities of breakage and poorly functioning bindings.

In addition, the new rental fleet will allow for greater sales with the increase to the size of the fleet and increase of the rental price for each unit. This request would allow 230 units to be purchased. Eaglecrest rents approximately 6,000 units per season (each unit being used an average of 26 times per season). A $2 increase in sales would result in an increase of $12,000 per season or a five-year return on investment for this request.

Eaglecrest is currently working to raise funds through grant writing for this equipment. When funding is obtained, any monies raised for this purpose will be deposited into the Eaglecrest Deferred Maintenance CIP account.

The Public Works and Facilities Committee approved this request at its April 17, 2006 meeting.

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

h. Ordinance 2005-11(BA)
An Ordinance Appropriating To The Manager The Sum Of $90,000 As Funding For The Fleet Maintenance Equipment, Funding Provided By Fleet Maintenance Fund Balance
.

2005-11(BA) Economic Impact Note

This ordinance would appropriate $90,000 from the Fleet Maintenance Reserve for replacement of the computerized fuel control system and pumps at the Downtown Shop and Capital Transit ($65,000), and replacement of major repair equipment for Fleet Maintenance including the tire balancer, brake lathe, and emergency tools for the field truck ($25,000).

The existing fuel control system and pumps were installed in 1995 and have exceeded their operational life. The existing computerized fuel system is no longer compatible with current computer hardware technology. The existing fuel pumps have a history of operational failure and the mechanics can no longer purchase replacement parts. This fuel system is used by all departments within the CBJ.

The Fleet Maintenance reserve will have a remaining balance of $325,100 after this appropriation.

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

i. Ordinance 2005-11(BB)
An Ordinance Appropriating To The Manager The Sum Of $2,800,500 As Partial Funding For Bartlett Regional Hospital’s Fiscal Year 2006 Operating Budget, Funding Provided By User Fees And Interest Income.

2005-11(BB) Economic Impact Note

This ordinance would appropriate $2,800,500 from various funding sources to increase the spending authority of Bartlett Regional Hospital’s (BRH) fiscal year 2006 operating budget. The specific increases are:

1. $984,300 for commodities and services, due to contract employees and physician recruitment.
2. $1,600,000 for the reserve contribution, due to a greater than expected increase in operating cash.
3. $300,000 for the replacement of critical equipment that broke during the fiscal year.

These increases are funded by an increase in user fees, interest income, and an anticipated $79,300 savings in personnel services and $4,500 in debt service.

BRH retained earnings balance will be $13,930,000 after this appropriation.

At its April 25, 2006 meeting, the Hospital Board requested the Assembly approve this increase.

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

j. Ordinance 2005-11(BE)
An Ordinance Appropriating To The Manager The Sum Of $648,700 To Fund The Transfer Of Title To The Scottish Rite Temple To The State Of Alaska, Funding Provided By Sales Tax Budget Reserve.

2005-11(BE) Economic Impact Note

On May 5, 2006, the Legislative Affairs Agency notified the Manager that the Alaska Legislative Council voted to accept the offer of the CBJ to pay fair market value for acquisition of the Scottish Rite Temple. The CBJ will fund the transaction, transferring title from the owners of the Scottish Rite Temple directly to the State of Alaska, Alaska Legislative Council.

CBJ staff will assist the Legislative Affairs Agency with activities related to use and renovation of the property. Staff is now actively working with the property owner to determine a purchase price reflecting fair market value. The listed sale price is $750,000 and the assessed value is $648,700. An appraisal of the property has not been performed.

The Lands Committee recommended approval at its May 8, 2006 meeting.

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

2. Resolutions

a. Resolution 2354
A Resolution De-Appropriating The Sum Of $116 In Passenger Facility Charges, Appropriated For The Acquisition Of Snow Removal, Airside, And Friction Measuring Equipment, And $138,131 In Passenger Facility Charges, Appropriated For The Rehabilitation Of Taxiway Alpha At Juneau International Airport.

This resolution would reduce Passenger Facility Charges used for match to the Federal Aviation Administration Airport Improvement Program grants for the following two projects, which are ready for closeout:

1. Taxiway Alpha Rehabilitation; and
2. Acquire Airside Vehicles & Equipment

At its April 12, 2006 meeting, the Airport Board recommended this action.

I recommend this resolution be adopted.

b. Resolution 2355
A Resolution De-Appropriating The Sum Of $4,464 In Alaska Department Of Military And Veteran’s Affairs 2003 State Homeland Security Grant Program Part I, Appropriated Fund Security Exercises.

This resolution would de-appropriate the remaining $4,464 balance of the Alaska Department of Military and Veteran’s Affairs 2003 State Homeland Security Grant Program, Part I grant.

This money was provided to cover expenses incurred for homeland security exercises. Our exercise expenses were less than anticipated.

I recommend this resolution be adopted.

c. Resolution 2356
A Resolution Amending The Retention Schedule For City And Borough Of Juneau Records, And Repealing Resolution No. 2172.

CBJ Updated Retention Schedule

Resolution 2172

This resolution would provide an update to the current records retention schedule approved by the Assembly through Resolution 2172, adopted in 2002.

Work to improve CBJ’s records management program is underway. Records Coordinators were appointed in each Department/Division to work with the Clerk’s office on developing a coordinated approach to managing CBJ records. A training session was held, and Records Coordinators were tasked with a “spring cleanup” of records that have met the retention schedule. The Clerk’s office is organizing a citywide pick up day for disposal of confidential records.

During the cleanup, departments had questions about the retention schedule, and it was determined that clarification was needed to facilitate document retention or disposal. The proposed schedule is included in the packet, and has been reviewed for legal compliance by the Law Department. With a few minor changes, CBJ will be able to double the volume of documents available for disposal, freeing up significant space in offices and storage areas.

A Request for Proposal for a Records Management Consultant should be issued in the next two months. The consultant will work directly with Records Coordinators to help assess the condition of CBJ records and outline policies and procedures for improving CBJ recordkeeping. The goal is to set up a simple program that can be maintained by staff over time that will help us easily locate and store CBJ records.

I recommend this resolution be adopted.

d. Resolution 2357
A Resolution Urging The Alaska Congressional Delegation To Support Retaining The Current Cost Of Living Adjustment Compensation Rates For Federal Employees In Alaska.

This resolution would urge Alaska's Congressional delegation to support retaining the present Cost Of Living Allowance (COLA) for federal employees in Alaska. The Alaska federal employee COLA is now scheduled to be reduced in phases, which will have an adverse economic impact on the employees and the community.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-832 – Transferring $70,000 Of Passenger Facility Charges To The Airport Revolving Capital Reserve Account.

T-832 Impact of Budget Action

This request would transfer $70,000 of Passenger Facility Charges to the Airport Revolving Capital Reserve Account. These funds were used to forward fund the Acquire Airside Vehicles and Equipment Capital Improvement Project prior to receiving final project grant and match funding.

Matching funds were provided by a grant from the Alaska Department of Transportation and Public Facilities and Passenger Facility Charges.

The Airport Board recommended this transfer at its April 12, 2006 meeting.

I recommend this transfer be approved.

b. Transfer T-833 – Transfer $160,000 from the Mendenhall Odor Management Project to the Juneau Douglas Treatment Plant Clarifier Building Rehabilitation Project.

T-833 Impact of Budget Action

In order to have full funding available to bid the Juneau Douglas Treatment Plant Clarifier Rehabilitation Project, the Wastewater Utility Division is requesting that $160,000 be transferred from the Mendenhall Odor Management project. This money will be transferred back to that project once the Clarifier Project receives an additional $250,000 currently identified in the FY 2007 CIP program.

This transfer is necessary because the new clarifiers have a very long fabrication time and the Wastewater Utility Division wants to have the replacement performed during the low flow period at the treatment plant. This proposed transfer will in no way impact any work on the Odor Project. Odor developed at the Mendenhall Plant has been significantly reduced due to work
already completed. The Public Works and Facilities Committee approved this transfer at its April 17, 2006 meeting.

I recommend this transfer be approved.

VIII. PUBLIC HEARING

A. Ordinance 2006-13
An Ordinance Relating to the Land Use Code Requirement for a Side Yard Setback in Industrial Zoning Districts.

Notice of Decision

Staff Report

This ordinance would eliminate the requirement for a side yard setback in the Industrial Zoning District. The intent is to allow more efficient utilization of industrially-zoned land, while providing developers and property owners with greater flexibility in project design and site layout.

The Notice of Decision and staff report describing this change to the Table of Dimensional Standards, 49.25.400, is included in your packet.

The Planning Commission recommended approval at its February 28, 2006 meeting. The Lands Committee recommended approval at its March 20, 2006 meeting

I recommend this ordinance be adopted.

B. Ordinance 2006-14(b)
An Ordinance Relating To The Land Use Code Parking And Loading Requirements.

Notice of Decision

Staff Report

This ordinance would make amendments to the Land Use Code with the intent of bringing parking requirements into line with observed parking generation rates at local developments, to close loopholes in existing standards, and to clarify sections of code that are unclear or otherwise problematic to enforce.

The Notice of Decision, staff report, and attachments describe amendments to the parking requirements at 49.40.210(a), the parking and circulation standards at 49.40.230(b) and (d), and related additions to the definitions at 49.80.120.

The Planning Commission recommended approval at its March 28, 2006 meeting. The Lands Committee recommended approval at its March 20, 2006 meeting.

I recommend this ordinance be adopted.

C. Ordinance 2005-11(AP)
An Ordinance Appropriating To The Manager The Sum Of $5,200,000 As Partial Funding For Phase Two Of The Bartlett Regional Hospital Project 2005 Capital Improvement Project, Funding Provided By Bartlett Regional Hospital’s Retained Earnings.

2005-11(AP) Economic Impact Note

The Bartlett 2005 capital improvement project is set to move into Phase Two of construction. However, it is estimated that funding for this phase of the project is short $5.2 million dollars.

At its February 28, 2006 meeting, the Bartlett Regional Hospital (BRH) Board of Directors approved transferring the necessary funds from the Future Facility Fund to the project.

I recommend this ordinance be adopted.

D. Ordinance 2005-11(AQ)
An Ordinance Appropriating To The Manager The Sum Of $100,000 As Partial Funding To Initiate A Planning Study For A Second Road Access Into The Lemon Creek Commercial Center, Funding Provided By The Lands Fund Fund Balance.

2005-11(AQ) Economic Impact Note

Lemon Creek Access Memo

This ordinance would appropriate $100,000 from the CBJ Lands Fund to fund a planning study for alternative access into Lemon Creek, one of Juneau’s major commercial/industrial centers. This study will evaluate future developments and traffic requirements within the upper Lemon Creek area and recommend a construction strategy that best serves the mid- and long-term needs for efficient transportation into this area.

The Public Works and Facilities Committee recommended approval of this ordinance at its February 6, 2006 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2005-11(AR)
An Ordinance Appropriating To The Manager The Sum Of $52,389 As Partial Funding For Three Juneau International Airport Capital Improvement Projects, Funding Provided By The Federal Aviation Administration.

2005-11(AR) Economic Impact Note

This ordinance would appropriate $52,389 in grant funds to allow three Federal Aviation Administration Airport Improvement Plan projects to be closed out.

• $11,442 for the Terminal Security Enhancements project,
• $36,857 for the Parallel Taxiway Reconstruction project, and
• $4,090 for the Acquire Airside Vehicles & Equipment project.

This appropriation was approved by the Airport Board at its April 12, 2006 meeting.

I recommend this ordinance be adopted.

F. Ordinance 2005-11(AS)
An Ordinance Appropriating To The Lands Fund The Sum Of $1,225,000 As Funding For Utility Services In The South Lena Subdivision, Funding Provided By Land Sale Revenues.

2005-11(AS) Economic Impact Note

Johnson Memo

This ordinance would appropriate $1,225,000 to the Lands Fund from the $3.5 million in revenues that CBJ anticipates being generated from the sale of CBJ land to Home Depot. This ordinance is a companion to the Transfer Ordinance, 2005-11(AU), which will transfer $1,225,000 from the Lands Fund to a new Capital Improvement Project, which will be used to complete the South Lena Subdivision project in preparation for a land sale planned for this summer.

The ordinance addresses three funding components of the project: 1) $900,000 to provide electrical and communication utilities serving the entire subdivision; 2) $75,000 to install water utilities serving lots located along the lower, Point Lena Loop Road; and 3) $250,000 to pay for the acquisition of the 2.18-acre inholding owned by the Alaska Mental Health Trust Authority. The property purchased from the Trust will be incorporated into the CBJ’s subdivision lots.

The CBJ’s subdivision has undergone extensive public review before the Planning Commission, Lands Committee, and Assembly. The Lands Committee approved this appropriation ordinance, in concept, at its meeting of March 20, 2006 and asked that it be sent to the Assembly once cost estimates had been developed.

Additional background information is provided in your packet.

I recommend this ordinance be adopted.

G. Ordinance 2005-11(AU)
An Ordinance Transferring To The Manager The Sum Of $1,225,000 As Funding For Utility Services And Land Acquisition To Complete The South Lena Subdivision, Funding Provided By The Fund Balance of The Lands Fund.

2005-11(AU) Economic Impact Note

This ordinance is a companion ordinance to Ordinance 2005-11(AS) and simply transfers $1,225,000 from the Lands Fund to a new Capital Improvement Project to fund utility services and land acquisition to complete the South Lena Subdivision. Background information is provided in your packets with Ordinance 2005-11(AS).

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

 

X. NEW BUSINESS

A. Export Manufacturing Exemptions
• Taku Smokeries
• AKBEV Group, LLC
• Black Feather Boats, Inc.

B. Senior Exemption, Late File – Daniel Kromerak


C. Thane Neighborhood Association v Planning Commission - Appeal of USE20006-00005-Kennel and sled dog tour.

On April 17, 2006, the Planning Commission approved a conditional use permit for location of a kennel and operation of a sled dog tour to Alaska Icefield Expedition, Inc, on USMS 1115 SAH, near Sheep Creek. On May 5, 2006, Paula Terrel, representing the Thane Neighborhood Association, filed an appeal of the decision to the Assembly. The Notice of Appeal is in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appeals Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

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

Ms. Terrel and the Planning Commission were advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

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

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

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

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

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

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

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

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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