ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, December 11, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-29

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. October 28, 2006 – Assembly Retreat
B. November 20, 2006 – Regular Meeting 2006-27
C. December 2, 2006 – Special Assembly Meeting 2006-28

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 2006-38
An Ordinance Amending The Official Zoning Map To Change The Zoning Of Lots Within Valley Centre Subdivision, Field Meadows Subdivision, And USS 1195 Tract 1A, From Industrial to General Commercial.

Notice of Decision - MAP2006-00004

Vicinity Map

This ordinance would amend the zoning map, revising the boundary between General Commercial (GC) and Industrial (I) zoning districts to the southeast of Egan Drive and Old Dairy Road, north of the intersection of Old Dairy Road and Airport Boulevard, so that Valley Center Subdivision Block G, Lots 31 A and 31 B; Valley Center Subdivision Block J, Tract C; USS 1195 Tract 1A; and Field Meadows Subdivision Lots 1-22 and 23A are within the GC zoning district. These properties are currently zoned I, but are used for commercial purposes which pre-date the I zoning designation. This area is shown on a map marked as Exhibit A to this packet item.

The Planning Commission recommended approval of this zone change at its November 14, 2006 meeting.

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

b. Ordinance 2006-11(V)
An Ordinance Transferring To The Manager The Sum Of $72,000 As Funding For The Downtown Parking Garage Major Maintenance Capital Improvement Project, Funding Provided By The Downtown Parking Fund.

Economic Impact Note

This ordinance appropriates $72,000 from the Downtown Parking Fund to the Downtown Parking Garage Major Maintenance capital improvement project for the purpose of completing a contract providing needed repairs to the parking garage. The project will include removing existing striping, cleaning and re-sealing the concrete deck and re-striping the parking spaces in a new configuration.

The Public Works and Facilities Committee approved this request at its December 11, 2006 meeting.

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

2. Resolutions

a. Resolution 2377
A Resolution Establishing The Jensen-Olson Arboretum Advisory Board.

The Jensen-Olson Arboretum was deeded to the City & Borough as a living trust, and sits between the Glacier Highway and Favorite Channel at Pearl Harbor, just north of the Shrine of St. Therese. The Assembly shall appoint eight members to the Advisory Board to the extent practical to two-year terms comprised of members from the horticultural (1) and financial (2) communities, Discovery Southeast (1), the public (1), a working artist (1), Southeast Alaska Land Trust (1), Juneau School District (1), for the purpose of advising the Parks & Recreation Director on the Arboretum’s guiding vision to teach and inspire learning in horticulture, natural sciences and landscaping, and maintain the historic and cultural context of the place and its people.

The Advisory Board may advise and assist the Director on issues including, but not limited to, capital campaigns and fundraising, and program direction.

An Endowment Subcommittee shall be established from the Arboretum Advisory Board comprising one representative from the financial, horticultural and public communities for the purpose of advising the Director of Parks & Recreation on endowment fund issues.

I recommend this resolution be adopted.

b. Resolution 2384
A Resolution Authorizing The Manager To Accept The Donation Of Lot A, Field Acres Subdivision, Into The City And Borough Of Juneau Park System.

Donation Letter and Attachments

Private-landowner, William Schmitz, has expressed an interest in donating Lot A, Field Acres, (1.3 acres) to CBJ. The parcel is substantially encumbered by Duck Creek and flood plain considerations. An Environmental Site Assessment of the property has been performed by Smith Bayliss LeResche. Their November 16, 2006 investigative report determined that the property complies with environmental laws.

On September 25, 2006, the Lands Committee passed a motion of support to accept the land donation and the open space addition to the Juneau Park System. 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.

c. Resolution 2385
A Resolution Authorizing the Manager to Apply For, and Enter Into, a Loan Agreement with the Alaska Department of Environmental Conservation, Alaskan Revolving Loan Fund, for the Juneau-Douglas Treatment Plant Clarifier Project.

This resolution would authorize the City Manager to enter into an agreement for a $250,000 loan from the Alaska Department of Environmental Conservation Clean Water Fund as partial funding for the rehabilitation of the two wastewater clarifier tanks at the Juneau-Douglas Wastewater Treatment Plant. The terms of the low interest loan under the Alaskan Revolving Loan Fund program are typically 20 years at 1.5 percent interest. The loan will be paid with Wastewater Utility customer revenues.

The existing clarifier tanks were constructed 35 years ago when the treatment plant was originally built. Deterioration of the mechanical system over the years due to regular operations has necessitated the tank rehabilitation project. The project will include minor repairs to the existing concrete tanks, replacement of the mechanical clarifier equipment with newer technology units, and also minor improvements to the plant headwork and grit removal from the aeration basins.

The total project budget is $960,000, with funding provided by the Wastewater Utility customer revenues. The rehabilitation project is scheduled for completion by spring 2007.

The Public Works and Facilities Committee passed a motion of support for the resolution at its November 27, 2006 meeting.

I recommend this resolution be adopted.

3. Transfer

a. Transfer T-842, Transferring $468,653 in Areawide Street Sales Tax From Various Projects To West Ninth Street LID.

Impact of Budget Action

This request authorizes the transfer of $468,653 in Areawide Street Sales Tax from the projects listed below to the West Ninth Street LID.

R422-10 Lakewood Subdivision $17,453
R422-13 Mt. Juneau Drainage $1,200
R422-22 Retaining Walls $100,000
R422-16 Downtown Sidestreets Recon $350,000

If this funding concept is approved, the Engineering Department will continue forward with the LID process. The neighborhood meeting has been held. The informal ballots have been mailed out and are due December 29. Assuming a favorable ballot, introduction of the LID Ordinance would be scheduled for February 12, 2007. Following the required 30-day notice period, the LID ordinance would be scheduled for public hearing at the April 2, 2007 regular Assembly meeting. Construction work would be bid for the 2007 season.

The Public Works and Facilities Committee approved this request at its October 16, 2006 meeting.

I recommend this transfer be approved.

b. Transfer T-843, Transferring $450,000 In Street Sales Tax From Casey Shattuck Phase 2, Davis Avenue, And Downtown Sidestreets CIPs To The West Juneau Water And Totem Park Sewer CIPs.

Impact of Budget Action

This request authorizes the transfer of $450,000 in Street Sales Tax as follows:

From: CIP R422-17 Davis Avenue Recon. $150,000
CIP R422-16 Downtown Sidestreets $100,000
To: CIP U484-81 Totem Park Sewer $250,000

From: CIP R422-26 Casey Shattuck Phase 2 $200,000
To: CIP W494-33 West Juneau Water $200,000

The West Juneau Water project (W494-33) bids came in higher than expected and we anticipate re-bidding this winter. This transfer request of $200,000 from Casey Shattuck (R422-26) reflects the previous bid prices. The Totem Park Sewer project (U484-81) also needs additional funds. The transfer of $250,000 from Davis Avenue (R422-17) and Downtown Sidestreets (R422-16) should allow reconstruction of all the worst sections of piping.

The Public Works and Facilities Committee approved this request at its November 6, 2006 meeting.

I recommend this transfer be approved.

VIII. PUBLIC HEARING

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

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.

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

Repairs will include replacement of the main house roof to address leak problems at the roof and eaves, the garage roof, 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.

Approximately $4,000 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 adopted.

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 adopted.

IX. UNFINISHED BUSINESS

A. Contract No. RFP E02-228 – Docks and Harbors -Professional Services Contract Amendment.

On March 13 of this year, the Assembly conditionally approved an amendment to this contract that would allow the Docks and Harbors Department to compile bid documents for the Auke Bay Commercial Loading Facility. The Assembly conditioned its approval upon future Assembly action to rezone part of the project area from residential to waterfront commercial. The Assembly approved the rezone request at its last meeting.

At the time of approval, the cost to produce bid documents was estimated at $270,000. The estimate was based on a January 2006 proposal from the contract engineer. The actual cost to produce bid-ready documents is now estimated at $410,635. The cost increased for several reasons. Among these are project scope changes arising from the environmental mitigation requirements imposed by the U.S. Army Corps of Engineers, increases in costs due to permitting complexity, and personnel costs increases at the consulting firm. Approval of this item will allow the Docks and Harbors Board to enter into a fixed price contract for the production of bid documents. The Docks and Harbors Board hopes to start construction next summer and complete construction in late fall.

B. Late Filed Senior Applications Requiring Assembly Action

CBJ Attorney Memorandum

1. Exemption Request for the Current Year - Senior Citizen/Disabled Veteran Real Property Exemption - Late File - Brown

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.

a. Beatrice M. Brown, Switzer Village #9

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

Based on past practice, the Assessor approves this request.

2. Exemption Request for Prior Years - Senior Citizen/Disabled Veteran Homeowners Real Property Exemption - Late Filed Applications – Jensen/Phillips

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.

a. John Jensen, 2D040T060030, 1012 Second Street, Douglas, AK 99824

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

Based on past practice, the Assessor approves this request.

b. Fred Phillips; 1C020J010210; 225 Behrends Avenue, Juneau, AK 99801

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

Based on past practice, the Assessor approves this request.

3. Exemption Requests For The Current Year - Senior Citizen/Disabled Veteran Homeowners Application for Hardship Exemption Late Filed Applications – 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.

a. Ken Martin, 800 F Street, #P2, Juneau,

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

Based on past practice, the Assessor approves this request.

b. Edna James, 322 Decker Way, Juneau

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

Based on past practice, the Assessor approves this request.

c. Alice Bennett, 1736 Glacier Avenue, Juneau

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

Based on past practice, the Assessor approves this request.

X. NEW BUSINESS

A. Liquor License Renewal

Type: Beverage Dispensary
License: Solstice Bar # 4560
Location: No Premises
Owner: Fervid Enterprises LLC
Agent: Peter Nguyen
Phone: 509-994-5213
Mailing Address: 2523 Scott Dr Juneau AK 99801

The Police, Fire, Finance and Community Development Departments have forwarded their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on December 11, 2006 regarding this license renewal. Based on the information provided at its meeting, the HRC will forward recommendations to the Assembly for action.

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):

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 liquor licenses as contained in the HRC’s report.

B. Regulation Relating to Harbor Moorage Fees

These regulations amend several of the fees charged for mooring in CBJ’s small boat harbors. The amendments were proposed on September 1, 2006. The Docks and Harbors Board held four public hearings and adopted the amendments at its November 2, 2006 meeting.

The regulations amend fees that were adopted by the Board and approved by the Assembly in the spring of 2005. Most fees are lower than the fees set out in the 2005 regulations. However, the Board increased fees for use of the Intermediate Vessel Float during the summer by luxury yachts and for annual stallholders at Dehart’s Marina. Statter Harbor users will see a significant decrease in moorage costs. The regulations also allow assigned stall holders to pay in monthly installments instead of one large upfront payment on July 1. The regulations greatly reduce the complexity of the current fee system.

Some of the amendments will take effect on May 1. The remaining amendments will take effect on July 1 to synchronize with docks and harbor billing and management regulations.

The regulations will not require an increased appropriation of general funds by the municipality.

CBJ Ordinance 01.60.260 provides the Assembly with three courses of action:

1. The Assembly may take up consideration of the regulation and approve it;
2. The Assembly may chose not to take up consideration of the regulation in which case the regulation shall be deemed approved; or
3. The Assembly may disapprove the regulation. If the Assembly disapproves the regulation, it shall return the regulation to the Docks and Harbors Board or direct the regulation be considered as an ordinance or resolution.

If the Assembly returns the regulation, it may state the reasons for disapproval but shall not establish explicit conditions for subsequent approval or direct particular amendment to the regulation.

XI. STAFF REPORTS

A. Airport Quarterly Report – Dave Palmer, Airport Manager
B. Planning Commission Report – Dale Pernula, CDD Director

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
· Update on Status of Protested License
Karma Cafe Inc. d/b/a Fiddlehead Restaurant & Bakery, Restaurant/Eating Place License #3983, 429 W. Willoughby
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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