ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, November 20, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-27


I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition

IV. APPROVAL OF MINUTES

A. October 30, 2006 – Regular Meeting 2006-26

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 2006-11(S)
An Ordinance Appropriating To The Manager The Sum Of $75,000 As Funding For The Jensen-Olson Arboretum Capital Improvement Project, Funding Provided By The Jensen-Olson Arboretum Endowment Fund.

Economic Impact Note

This ordinance would appropriate $75,000 from the Jensen-Olson Arboretum Endowment Fund to support priority repairs recommended from a CBJ Engineering Jensen-Olson Arboretum Facility Inspection Report received on October 19, 2006.

The Jensen-Olson Arboretum was deeded to the City and Borough of Juneau as a living trust, and sits between Glacier Highway and Favorite Channel at Pearl Harbor, just north of the Shrine of St. Therese. The main house was constructed in 1967.

$71,000 of this appropriation would fund replacement of the main house roof to address leak problems at the roof and eaves, the garage roof, and a suite of life/safety issues including porch repairs, moisture control, carpet, and paint. It is the intent for the home to be occupied by an Arboretum Manager in the spring of 2007.

The $4,000 balance of the appropriation will be used to pay for a portion of the investment management advisory fee incurred to review long-term management options for endowment funds.

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

b. Ordinance 2006-11(T)
An Ordinance Appropriating To The Manager The Sum Of $500,000 As Additional Funding To Complete The Part 121 Ramp Reconstruction Capital Improvement Project, Funding Provided By Passenger Facility Charges.

Economic Impact Note

This ordinance would appropriate a $500,000 increase to Passenger Facility Charge Application #7 (PFC 7), for the Part 121 Ramp Rehabilitation. This appropriation brings the total project cost to $2,300,000.

This PFC appropriation will pay for improvements to the jet aircraft reinforced parking area (hardstands) at the airport. These improvements were not included in the original scope of work, but have been approved by the FAA and Alaska Airlines.

At its September 13, 2006 meeting, the Airport Board approved this action.

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

2. Resolutions

a. Resolution 2378
A Resolution Authorizing the Manager to Accept the Donation of Lot 4, Strawberry Acres, Into the CBJ Parks System, Amalga Meadows Natural Area Park.

Attachments A and B

Attachment C

Attachment D

Private-landowners, David and Mary Rebecca Albert, expressed interest to Southeast Alaska Land Trust in establishing conservation protection on their property (Lot 4, Strawberry Acres, 3.6 acres), and having the property included in the CBJ Amalga Meadows Natural Area Park. The parties have completed negotiations on acquisition of the Albert’s property for an addition to the Park, in lieu of fines by the Environmental Protection Agency.

On June 6, 2006, the Parks and Recreation Advisory Committee (PRAC) passed a motion of support to accept the land donation as an addition to the Park. On July 24, 2006, the Lands Committee passed a motion of support to accept the land donation and the addition to the Park after considering information from the Trust (Attachments A and B). Title to the property will be transferred to CBJ per the terms of the donation agreement (Attachment C), and managed by the Parks and Recreation Department in accordance with the conservation easement granted by the Trust (Attachment D).

This transaction is in accordance with CBJ 53.04.030, Grants and Gifts, which states: Real property to be acquired as a grant or which is offered to the City and Borough as a gift, or at less than fair market value and which is not required for an approved project, may be accepted only upon approval of the assembly by resolution.

I recommend this resolution be adopted.

b. Resolution 2379
A Resolution Reestablishing the Assembly Rules of Procedure, and Repealing Resolution No. 2335.

This resolution would implement changes to the Assembly Rules of Procedure approved at the Assembly retreat. Changes include the Assembly meeting schedule, duties of the Public Works and Facilities Committee, and striking a provision regarding non-voting members forming a quorum for committee meetings.

I recommend this resolution be adopted.

c. Resolution 2380
A Resolution De-appropriating Certain Passenger Facility Charge Funded Capital Improvement Projects.

Economic Impact Note

This resolution would de-appropriate funding for four projects that cannot be undertaken within the timeline established by the Passenger Facility Charge (PFC) regulations due to delays resulting from continuation of the Airport EIS. The projects are:

Rehabilitate West GA Area Paving, Ph 1 - $63,158
Snow Removal Equipment Building - $613,333

Runway Safety Area Phase II-Mitigation and Construction - $973,333
Northwest Quadrant Development - $93,333

No expenditures have been made against these funding sources. Once the EIS is complete, a new appropriation will be presented for PFC projects.

At its August 9, 2006 and September 13, 2006 meetings, the Airport Board approved this action.

I recommend this resolution be adopted.

d. Resolution 2381
A Resolution Authorizing The Manager To Apply For A Community Development Block Grant From The Alaska Department Of Commerce, Community And Economic Development, In Cooperation With Southeast Alaska Independent Living, To Be Used For The Development of an Aging And Disability Resource Center.

This resolution would authorize the Manager to apply for $850,000 in Community Development Block Grant funds in cooperation with Southeast Alaska Independent Living (SAIL), for the development of an Aging and Disability Resource Center. SAIL serves 400 severely disabled clients in Southeast, many of them in Juneau. The SAIL proposal was the only proposal submitted to CBJ that was determined to be eligible for funding by State Block Grant staff.

The Resource Center will include a fully accessible model apartment, an Assistive Technology (AT) demonstration lab, a lending library, and office space for program staff.
The new facility will be housed in the Southeast Non-Profit Center, a 36,000 square foot, two-story facility constructed with maximum ADA and accessibility features. It will be constructed as a business condominium and occupied by SAIL, the Boys and Girls Club, Big Brothers Big Sisters, United Way of Southeast Alaska, and St. Vincent de Paul. By co-locating in a single building, the non-profit occupants of the Center will derive operating cost savings through economies of scale and shared costs.

Estimated project costs for the SAIL Resource Center are $1,062,500, of which $850,000 is being applied for through the Block Grant program. SAIL has secured the remaining funding, which will act as the required 25% match for the project. Land for the Non-Profit Center is owned by St. Vincent de Paul, who will also act as the developer of the Center. St. Vincent’s is close to securing a $2 million Rasmuson grant for the project and anticipates a 2007 start date for the project.

I recommend this resolution be adopted.

e. Resolution 2382
A Resolution Adopting An Alternative Allocation Method For The Fiscal Year 2007 Shared Fisheries Business Tax Program.

This resolution would authorize the acceptance of CBJ’s share of the FY 2007 State Shared Fisheries Business Tax. This distribution represents the sharing of state fishery revenues generated in the Northern Southeast Fisheries Management Area (NSFMA), but outside of the organized communities. The funds will be allocated to each community in the NSFMA (Angoon, Gustavus, Haines Borough, Hoonah, Skagway, Tenakee Springs, and Juneau) based on an agreed upon allocation method, as approved by the State of Alaska’s Department of Commerce, Community and Economic Development. It is anticipated that CBJ will receive approximately $18,798 in FY2007 from this State shared revenue program.

I recommend this resolution be adopted.

f. Resolution 2383
A Resolution Amending The Personnel Rules Relating To Meal Allowances.

This resolution would amend the CBJ Personnel Rule relating to Meal Allowances, 18 PR 040(b), to correct an error that was discovered after the recent comprehensive update of the Personnel Rules. That rewrite, Resolution 2370, tied CBJ's meal allowance to the State's rate.
Subsequently, it was discovered that the State of Alaska was not using a single reimbursement rate of $42 per day as previously stated. This rate only applies to an in state travel. For out of state travel the State uses the Federal CONUS rates, which varies between $29-$72 per day depending on the location and time of year the travel is taking place. These rates change periodically. On November 8, 2006, the State changed its in state rate to $60 per day and the out of state rate will continue to be dictated by Federal CONUS.
CBJ has historically set its own rates for meal allowances; this resolution would reinstate that practice, allowing the Manager to set the rate by administrative policy. The rate will be set at $50 per day.

I recommend this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2006-34
An Ordinance Amending The Official Zoning Map To Change The Zoning Of ATS 1644, And State Of Alaska Tidelands Conveyance ADL 107425, From D-3 (T) D-5 To Waterfront Commercial, And A Fraction Of ATS 1526 From D-3 (T) D-5 To Waterfront Commercial.

Exhibit A

The CBJ Port Department (Docks and Harbors) has applied to rezone 5.34 acres of tide and submerged lands at Auke Nu Cove from D-3 (T) D-5 Residential to Waterfront Commercial. This includes proposed state tidelands conveyance ADL 107425 and Alaska Tidelands Survey 1644. A fraction (0.92 acres) of ATS 1526 (ferry terminal site) is recommended for rezoning from D-3 (T) D-5 to Waterfront Industrial to be consistent with the Waterfront Industrial zoning within the other 13 acres of ATS 1526.

The purpose of the rezone is threefold:

1. To accommodate the construction of a CBJ Marine Commercial Loading Facility, approved by the voters in 2002 for development in Auke Bay, within ATS 357, Lot 2, and ADL 107425;
2. To place ATS 1644, the Alaska tidelands survey where the Alaska Glacier Seafood dock is located, into an appropriate zoning classification consistent with the remainder of the AGS plant, and;
3. To place 0.92 acres of property within ATS 1526, the tidelands survey containing the Alaska Marine Highway System ferry terminal, in a Waterfront Industrial zoning classification consistent with the remainder of ATS 1526.

A map illustrating the zone changes is included in your packet. The Marine Commercial Loading Facility (# 1 above) must obtain a Conditional Use Permit prior to development. The rezones within ATS 1644 and ATS 1526 (2 and 3 above) are housekeeping items.

The Planning Commission recommended approval of the rezone request at its regular meeting on October 10, 2006.

I recommend this ordinance be adopted.

B. Ordinance 2006-35
An Ordinance Repealing The Sunset Clause On The Property Tax Exemption For Businesses Engaged In Manufacturing.

Babich Letter

Taku Fisheries Letter

The Assembly Finance Committee reviewed the export manufacturing exemption on October 4, 2006 and directed staff to prepare an ordinance for Assembly action, prior to year-end, which would remove the sunset provision.

I recommend this ordinance be adopted.

C. Ordinance 2006-36
An Ordinance Amending The Motor Vehicle Registration Tax Rate.

This ordinance would increase the existing non-commercial motor vehicle registration tax (MVRT) from $11 per year to $22 per year. The proceeds of all MVRT revenues are used solely to fund the CBJ's junk vehicle program. This increase will allow Public Works to hold two junk car roundups per year and dispose of approximately 1,000 vehicles annually. The MVRT program is managed through the State Department of Motor Vehicles (DMV). State law requires that the DMV be given one full calendar year of notice before an MVRT can be implemented or changed. If adopted and effective prior to December 31, 2006, this fee would take effect on January 1, 2008.

When the Assembly originally approved the MVRT in 2003 (effective January 1, 2005), it was estimated that approximately 700 vehicles would be disposed of annually and an $11 per vehicle per year fee would be sufficient to cover the costs of the disposal program. However, since implementation of the program, CBJ has been collecting in excess of 1,000 vehicles annually. In addition, the cost for disposing of vehicles has increased. With the higher than estimated volume of vehicles being brought in for disposal and the increase in disposal costs, the current $11 per vehicle per year tax is not sufficient to fully fund the program.

The Assembly Finance Committee reviewed the MVRT on October 4, 2006 and directed staff to prepare an ordinance for Assembly action prior to year-end. The Committee did not make a recommendation on the MVRT rate.

I recommend this ordinance be adopted.

D. Ordinance 2006-11(N)
An Ordinance Appropriating To The Manager The Sum Of $39,200 As Funding For The Implementation Of The Juneau Coastal Management Plan, Funding Provided By The Alaska Department Of Commerce, Community And Economic Development.

Economic Impact Note

This ordinance would appropriate a grant of $38,250 from the Alaska Department of Community and Economic Development for implementation of the Juneau Coastal Management Program (JCMP) FY06 “Required Tasks”, in cooperation with the Alaska Coastal Management Program (ACMP). This grant requires a local match of 50 %, which will be met with the current operating budget of the Community Development Department.

Also included in this appropriation is a $950 “special” grant with ACMP 309 funds. These funds will be used for printing costs for the JCMP Final Plan Amendment, which must be completed to conform to state regulations. This portion of the grant does not require a match.

I recommend this ordinance be adopted.

E. Ordinance 2006-11(O)
An Ordinance Appropriating To The Manager The Sum Of $545,000 In Title III Of The National Forest Timber Receipts, Secure Rural Schools And Community Self-Determination Act Of 2000, Public Law 106-393 (Title III), Held As Restricted General Fund Fund Balance.

Economic Impact Note

Proposed uses for the funds include support for search and rescue and other emergency services performed on federal lands, and forest related after-school educational programs. If adopted, funds will be used for the following programs:

· $370,000 to provide Capital City Fire and Rescue (CCFR) with fire and rescue equipment for wild-land fire responses. Significant amounts of federal lands are contained within the Borough, including a portion of the Tongass National Forest. In responding to a request from the Forest Service, CBJ has completed a Cooperative Agreement with the National Forest Service for Tongass National Forest wild-land fire protection.

· $160,000 for the development of an interpretive trail and training program. The program, Forest Interpretation Resource Education (Fire), will be a collaboration of CBJ, Discovery Southeast (an organization focused on environmental education), and Trail Mix (an organization dedicated to trail management). The goal of this program is to develop an after-school program for junior high and high school students to design interpretive signage and a brochure for several of Juneau’s trail systems. CBJ presently manages 38 miles of trails, most of which abut or connect directly with the Tongass National Forest trail system.

· $15,000 in funding for an avalanche-forecasting program during the winter of 2006-2007. The funding would be combined with local funding to provide avalanche danger forecasting in both the urban and rural (federal land) areas of the Juneau Borough. Forecasting will be provided by Southeast Alaska Avalanche Center.

The uses identified above comply with the provisions of the program.

I recommend this ordinance be adopted.

F. Ordinance 2006-11(P)
An Ordinance Appropriating To The Manager The Sum Of $800,000 As Funding For The Construction Of The Douglas Harbor Breakwater, Funding Provided By The Alaska Department Of Transportation And Public Facilities.

Economic Impact Note

This ordinance would appropriate an $800,000 grant from the Alaska Department of Transportation for the Douglas Harbor Breakwater. The U.S. Army Corps of Engineers is in the process of designing a breakwater across the entrance of Douglas Harbor to protect the harbor from damaging waves and boat wake. This grant will be used to match federal funds along with $750,000 of General Obligation bonds approved by the CBJ voters in 2003 for this purpose.

The Corps of Engineers began the process of building the breakwater in 1999. The project has been delayed because its estimated cost of $6.5 million exceeds the project limit contained in Section 107 of the Federal Water Resources Development Act. The CBJ has asked the Alaska Congressional Delegation for a project specific authorization that will allow the Corps to exceed the $4 million project limit. We are hoping that Congress approves a project specific authorization, or an amendment to the project limit in the Water Resources Development Act, this winter. Unfortunately, nearly every project built under the Section 107 program requires a project specific authorization. The $4 million project limit was established many years ago and has not been adjusted for construction inflation.

The Docks and Harbors Board approved the grant at its September 28, 2006 meeting.

I recommend this ordinance be adopted.

G. Ordinance 2006-11(Q)
An Ordinance Appropriating To The Manager The Sum Of $37,400 As Partial Funding For The Acquisition Of In-Car Video Equipment, Funding Provided By The State Of Alaska Department Of Transportation And Public Facilities, Alaska Highway Safety Office.

Economic Impact Note

This ordinance would appropriate a $37,400 Alaska Department of Transportation and Public Facilities, Alaska Highway Safety Office, grant for the acquisition of in-car video equipment for police vehicles. This equipment will enhance officer safety and quality service by giving the police department the ability to record traffic stops and other public interactions.

JPD has approximately 15 vehicles, currently four vehicles have the in-car video equipment installed. There are six vehicles in the process of being outfitted with new equipment and there are seven more units being held for future placement. This appropriation would provide funding for seven additional units to be used for replacement stock as necessary.

I recommend this ordinance be adopted.

H. Ordinance 2006-11(R)
An Ordinance Appropriating To The Manager The Sum Of $700,000 To Fund The Transfer Of The Title Of The Scottish Rite Temple To The State Of Alaska, Funding Provided By Sales Tax Budget Reserve Fund.

Draft Agreement

Draft Agreement-Addendum A

On May 5, 2006, the Legislative Affairs Agency notified the Manager that the Alaska Legislative Council voted to accept ownership and use of the Scottish Rite Temple building. The fair market value of the building, as determined by the assessor, is $700,000. Through this appropriation, if approved, the CBJ will fund the transaction to transfer title of the building from the owners of the Scottish Rite Temple to the Alaska Legislature. Contingent upon adoption by the Assembly, the Alaska Committee has agreed to pay $25,000 toward the total purchase price of $725,000.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Continuation of Public Comment on Fluoridation.

X. NEW BUSINESS

A. Senior Citizen/Disabled Veteran Homeowners Application for Hardship Exemption Late File – Martin/James/Bennett

Alaska Statute 29.45.030(f) provides, "The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed." Applications for subject Hardship Exemption were due in the Assessor's office by April 30, 2006 in accordance with CBJ Ordinance Serial No. 2002-37.

First applicant: Ken Martin

Reason for Filing Late: Mr. Martin was not aware of this exemption until the Assessor told him it was available.

Pending Assembly Approval:
Total Assessed Value for 2006 $233,200.00
Total Senior Citizen Exemption Authorized 150,000.00
Taxable Value After Exemption $ 83,200.00

Tax Amount for 2006 before Hardship Exemption $ 846.14
Tax Amount for 2006 after Hardship Exemption 384.92
Tax Deducted $ 461.22

The CBJ Assessor recommends approval of this request.

Second applicant: Edna James

Reason for Filing Late: Ms. James stated she did not know she needed to complete the hardship application each year.

Pending Assembly Approval:
Total Assessed Value for 2006 $213,800.00
Total Senior Citizen Exemption Authorized 150,000.00
Taxable Value After Exemption $ 63,800.00

Tax Amount for 2006 before Hardship Exemption $ 648.85
Tax Amount for 2006 after Hardship Exemption 225.90
Tax Deducted $ 422.95

The CBJ Assessor recommends approval of this request.

Third applicant: Alice Bennett

Reason for Filing Late: Ms. Bennett stated she was not aware of this exemption.


Pending Assembly Approval:
Total Assessed Value for 2006 $284,500.00
Total Senior Citizen Exemption Authorized 150,000.00
Taxable Value After Exemption $134,500.00

Tax Amount for 2006 before Hardship Exemption $ 1,367.88
Tax Amount for 2006 after Hardship Exemption 316.28
Tax Deducted $ 1,051.60

The CBJ Assessor recommends approval of this request.

B. Senior Citizen/Disabled Veteran Homeowners Application for Real Property Exemption Late File – Jensen/Phillips-2005

Alaska Statute 29.45.030(f) provides, "The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed." Applications for Senior Citizen Real Property Tax Exemption were due in the Assessor’s Office by March 31, 2005.

First applicant: John Jensen

Reason for this filing: Mr. Jensen has been eligible for the Senior Citizen Real Property Exemption since Assessment Year 2001 and is currently receiving the exemption for Assessment Year 2006. He is requesting to receive this exemption retroactive to 2001. The following chart is based on the past policy of allowing one year prior for good cause.

Pending Assembly Approval:
Total Assessed Value for 2005 $388,800.00
Total Senior Citizen Exemption Authorized 150,000.00
Taxable Value After Exemption $238,800.00

Tax Amount for 2005 before Hardship Exemption $ 4,342.90
Tax Amount for 2005 after Hardship Exemption 2,667.40
Tax Deducted $ 1,675.50

The CBJ Assessor recommends approval one year of exemption.

Second applicant: Fred Phillips

Reason for this filing: Mr. Philips has been eligible for the Senior Citizen Real Property Exemption since Assessment Year 2005. He is currently receiving the exemption for Assessment Year 2006. He is requesting to receive this exemption retroactive for Assessment Year 2005. The following chart is based on the past policy of allowing one year prior for good cause.

Pending Assembly Approval:
Total Assessed Value for 2005 $206,800.00
Total Senior Citizen Exemption Authorized 150,000.00
Taxable Value After Exemption $ 56,800.00

Tax Amount for 2005 before Hardship Exemption $ 2,309.96
Tax Amount for 2005 after Hardship Exemption 634.46
Tax Deducted $ 1,675.50

The CBJ Assessor recommends approval of this request.

C. Senior Citizen/Disabled Veteran Real Property Exemption - Late File – Brown-2006

Alaska Statute 29.45.030(f) provides, "The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed." Applications for Senior Citizen Real Property Tax Exemption were due in the Assessor’s Office by March 31, 2006.

Applicant: Beatrice M. Brown

Reason for this filing: Ms. Brown was not aware of this exemption.

Pending Assembly Approval:
Total Assessed Value for 2005 $ 46,400.00
Total Senior Citizen Exemption Authorized 150,000.00
Total Rehab Exemption Authorized $ 10 000.00
Taxable Value After Exemption 0
Tax Amount Before Exemption $ 370.18
Tax Amount After Exemption 0
Tax Deducted $ 370.18

The CBJ Assessor recommends approval of one year of exemption.

D. Proposed Regulations - Commercial Passenger Vehicle Regulations – Taxicab Flag Drop and Mileage Rate Changes

Memorandum

Table 1

Table 2

At the request of all three local taxi companies, the manager's office, in coordination with the Juneau Police Department, is recommending an increase in taxi fares in response to increased costs to drivers as a result of increases in gasoline prices. These regulations would increase the “flag drop” (the fee charged at the start of every taxi ride) from $3.00 to $3.40 and would also increase the mileage rate from $2.00 to $2.20 per mile. Public comment was open until November 16, 2006; one comment was received opposing the proposed changes. No other comments were submitted.

If the Assembly has no objections to these regulations, no action is required. Unless the Assembly directs otherwise, the Manager will issue the regulations with an effective date seven (7) days after they have been filed with the Clerk.

XI. STAFF REPORTS

A. Alaska Municipal Management Association Meeting Update
B. Alaska Municipal Attorneys Association Meeting Update

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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