ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, June 4, 2007 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2007-17

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. May 14, 2007 – Regular Assembly Meeting 2007-14
B. May 16, 2007 – Special Assembly Meeting 2007-15
C. May 30, 2007 – Special Assembly Meeting 2007-16

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 2007-35
An Ordinance Amending The Health And Sanitation Fine Schedule For Unauthorized Use Of Garbage Containers.

This ordinance amends the fine schedule for unauthorized use of garbage containers. CBJ allows for certain offenses to be disposed of without court appearance upon payment of a fine. This amendment increases the fine for unauthorized use of garbage containers from $50 to $75.

The Docks and Harbors Board requested the Assembly consider raising the fine at its April meeting. The CBJ health and sanitation ordinance prohibits the disposal of refuse in harbor dumpsters that is not generated from vessels within a municipal harbor. As part of an effort to control operating costs, the Docks and Harbors Board is trying reduce the use of harbor dumpsters by non harbor patrons. The Board estimates that up to half of its solid waste disposal expense is attributable to unauthorized use of harbor dumpsters. The current fine was established several years ago and is no longer a sufficient deterrent to stop illegal use of harbor dumpsters.

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

b. Ordinance 2007-39   
An Ordinance Creating The D-10-SF Zoning District In Which Single Family Residences May Be Constructed At A Density Of Ten Units Per Acre.

Diagram        Table of Dimensional Standards    Table of Permissible Uses

This ordinance would create a new zoning district which is modeled on the type of development in the Casey-Shattuck neighborhood (also known as the "Federal Flats"). In the proposed zoning district, residential development would be permitted at a density of 10 units per acre, but duplexes and multi-family residences would not be permitted except through the Planned Unit Development process. The proposed zoning district is intended to foster the development of detached single-family residences on smaller lots than are allowed in other single-family residential zoning districts.

No land would be zoned as D10-SF under this ordinance, but the zoning district would be created for use in future rezonings.

The Planning Commission, at its February 27, 2007 meeting, recommended that the Assembly create this zoning district.

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

c. Ordinance 2007-40
An Ordinance Amending The Seback Requirements In The MU And MU2 Zoning Districts.

Diagram       Article 4 Background Info

This ordinance would eliminate the front yard setback requirement in the downtown core area, which is zoned MU. Most of the historical buildings in this area have been constructed to the front property line, which does not comply with current setback requirements. In the Downtown Historic District, the front setback is currently determined by the location of buildings on adjacent properties in order to maintain a continuous streetscape. Outside the Historic District, however, new construction must be set back 5' under current setback requirements. This results in a discontinuous streetscape, and makes it difficult for new construction to include canopies to protect adjacent sidewalks.

This ordinance would also modify two exceptions to the setback requirements in the MU-2 zoning district, which encompasses the Willoughby Avenue area. The first of these modifications would clarify existing language in the Land Use Code regarding sight triangles on corner lots. The second of these modifications would allow canopies and roof eaves to encroach into the required front yard setback farther than is currently permitted, facilitating the installation of canopies over sidewalks.

The Planning Commission, at its April 25, 2007 meeting, recommended that the Assembly adopt these changes.

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

d. Ordinance 2007-41
An Ordinance Amending the Sales Tax Code to Include an Exemption for Related-Party Rentals of Tangible Personal Property.

This ordinance will expand the existing sales tax exemption that exempts the rental of real property between related parties to include the rental of tangible personal property. The Sales Tax Office will determine qualification for the exemption.

On April 25, 2007, the Assembly Finance Committee reviewed and moved to recommend to the Assembly the expansion of the sales tax exemption code to include the rental of tangible personal property between related parties.

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

e. Ordinance 2006-11(AZ)
An Ordinance Appropriating To The Manager The Sum Of $4,011 As Partial Funding For The Acquisition Of Alcohol Breath Testing Equipment, Funding Provided By The State Of Alaska Department Of Transportation And Public Facilities, Alaska Highway Safety Office.

Economic Impact Note

This ordinance appropriates a $4,011 Alaska Department of Transportation and Public Facilities, Alaska Highway Safety office grant for the acquisition of alcohol breath testing equipment. This grant has no match requirements. This equipment will enhance officer effectiveness and ensure quality service by giving our police the ability to test alcohol breath content in the field.

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

f. Ordinance 2006-11(BA)
An Ordinance Appropriating To The Manager The Sum Of $252,200 As Partial Funding For The Airport’s Fiscal Year 2007 Operating Budget, Funding Provided By Interest Income And Airport’s Retained Earnings.

Economic Impact Note

This ordinance increases the FY07 Airport Budget from $4,120,800 to $4,373,000 (net increase of $252,200). This increase results from increases in commodities and services and personnel services costs related to the unusually snowy 2006/2007 winter the City experienced. This increase is funded from interest income and fund balance.

Airport’s retained earnings balance will be $2,747,900 after this appropriation.

The Airport Board approved this action at its meeting May 9, 2007.

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

g. Ordinance 2006-11(BB)
An Ordinance Appropriating To The Manager The Sum Of $41,274 As Partial Funding For The Lakeside Culvert Replacement Capital Improvement Project, Funding Provided By The United States Department Of Agriculture.

Economic Impact Note

The CBJ has received a grant from the USDA’s Natural Resources Conservation Service for $41,274 to reconstruct a culvert crossing of Duck Creek at Lakeside Condominiums in the Mendenhall Valley. The existing culvert was in poor condition and was permanently damaged during attempts to clean it.

The terms of the grant are that the CBJ will be reimbursed for 75% or $41,274 of construction costs. The project is anticipated to cost approximately $117,000. The scope of the work is to remove old creosote timber retaining structures and replace with natural slopes, remove two smaller culverts and install a single larger culvert, and reconstruct the existing driving surface.

The Public Works and Facilities reviewed and recommended approval of this ordinance at its May 21, 2007 meeting.

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

h. Ordinance 2006-11(BD)
An Ordinance Transferring $60,900 To The Land Acquisition Capital Improvement Project, The Source Being Unexpended FY06 Marine Passenger Fees Budgeted To The General, Docks And Roaded Service Area Funds.

Economic Impact Note

This ordinance would transfer $60,900 of unexpended Marine Passenger Fees (MPF) that are budgeted for specific purposes and not expended by yearend to the Land Acquisition Capital Improvement Project. For FY06, we are returning $60,900 in unexpended Local Emergency Planning Committee, Collaboration Juneau, Crossing Guard, and Downtown Sidewalk Maintenance funds.

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

i. Ordinance 2006-11(BE)
An Ordinance Appropriating To The Manager The Sum Of $2,936,500 As Funding For The Purchase Of The National Guard Armory, Funding Provided By The Lands And Sales Tax Budget Reserve Funds.

On April 20, 1999 the Alaska Mental Health Trust Land Office (TLO) and CBJ entered into a memorandum of agreement for acquisition of the Armory property. The property is located on the northeast corner of the Egan Drive and Whittier Street intersection. At the January 23, 2006 Lands Committee meeting, staff was directed to perform an appraisal to determine a purchase value for negotiations. The appraised value of the property is $2,930,000. Estimated closing costs and title insurance for the transaction are $6,500. The current assessed value of the property is $3,668,800. As interim uses, the Armory structure may be leased to Juneau Arts and Humanities Council and the parking lot area will be leased to the State of Alaska for employee parking. The Assembly has not determined a long term use for the property. The Comprehensive Plan, Parks and Recreation Plan and Subport Redevelopment Plan all reinforce the idea of obtaining the property for the expansion of Centennial Hall, performing arts, or a similar civic center type of use.

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

j. Ordinance 2006-12(C)
An Ordinance Appropriating To The School District The Sum Of $590,600 As Partial Funding For The District’s General Operations, $93,500 As Partial Funding For The District’s Special Revenue Operations And $662,700 As Partial Funding For The District’s Other Operations And De-Appropriating State Foundation Funding And CBJ Support For School District General Operations, Funding Provided By The School District General Operations, Special Revenue Funds, State And Federal Grants, And Other.

This ordinance will make the following FY07 School District budget changes –

General Operations $ 590,600
Special Revenue 93,500
Other 622,700
Total Budget Changes $1,306,800

Funding for the changes is provided from the following –

School District Operating Fund Balance Usage $1,178,600
School District Special Revenue Fund Balance Contribution (51,200)
State Foundation Funding Reduction (519,100)
State Grants 413,100
Federal Grants 166,700
Other 68,900
CBJ support to School District General Operations (119,400)

Funding Sources for Changes $1,306,800

These adjustments are requested by the School District due to enrollment for intensive needs students falling short of projections and to an increase in State and Federal grants. The School District General Operations Fund fund balance will replace the State Foundation funding and CBJ support for District general operations. In addition, State and Federal grant monies were received beyond the FY07 Assembly Adopted Budget.

This ordinance appropriates additional expenditures for general operations, pupil transportation, food service and grant related expenditures.

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

2. Resolutions

a. Resolution 2407
A Resolution Adopting The City And Borough Capital Improvement Program For Fiscal Years 2008 Through 2013, And Establishing The Capital Improvement Project Priorities For Fiscal Year 2008.

This resolution adopts the Capital Improvement Program for Fiscal Years 2008 through 2013, as required by Charter Section 9.4, and lists the capital projects that will be undertaken in FY 2008 using CBJ capital funds.

The Capital Improvement Program and list of projects were reviewed and approved by the Public Works and Facilities Committee at its meeting of May 21, 2007 and the Finance Committee at its May 30, 2007 meeting.

I recommend this resolution be adopted.

b. Resolution 2409
A Resolution Setting Forth CBJ’s Intent To Enter Into A Conservation Easement With The Southeast Alaska Land Trust For The Protection Of Selected Tidelands Within Auke Nu Cove To Facilitate The Construction Of The Auke Bay Loading Facility.

This resolution memorializes CBJ’s intent to establish a deed of conservation easement in Auke Nu Cove and to have the Southeast Alaska Land Trust hold the conservation easement. The conservation easement is part of the environmental mitigation for the Auke Bay Loading Facility and will be incorporated into the U.S. Army Corps of Engineers permit for the facility. The easement encompasses approximately 30 acres of tidelands in inner Auke Nu Cove. The easement will provide permanent protection to this highly valuable marine habitat.

The subject tidelands are in the process of being conveyed to the CBJ by the Alaska Department of Natural Resources. The process for platting the tidelands and recording the deed is expected to take a few years. The permitting agencies have agreed to issue permits before the deed is officially recorded provided that CBJ commit to obtain a deed of conservation easement. A resolution from the CBJ Assembly was acceptable to all parties and will allow the project to move forward.

I recommend this resolution be adopted.

c. Resolution 2410
A Resolution Reestablishing The Youth Activities Board For The Purpose Of Removing The Sunset Date, And Repealing Resolution 2071.

In 1996, the Assembly adopted Resolution No. 1804 establishing the Youth Activities Board, and by resolution extended the Board sunset date to June 30, 2007.

The Youth Activities Board provides funding support to youth sports, arts and academic organizations in the Juneau community. Each year $250,000 is provided from a portion of the Sales Tax funds.

This resolution removes the sunset date of the Youth Activities Board .

I recommend this resolution be adopted.

d. Resolution 2411
A Resolution Authorizing The Manager To Negotiate And Enter Into An Agreement With The Juneau Arts And Humanities Council For The Management Of The Armory Building.

This resolution would authorize the City Manager to negotiate an agreement with the Juneau Arts and Humanities Council to manage the newly acquired Armory building. JAHC would be responsible for the ongoing utilities, maintenance, and supervision of the facility. The CBJ would provide JAHC a loan of up to $72,500 to complete the required improvements needed to open the facility to the public. JAHC would begin repayment of the loan during the second year of the agreement.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-852
Transferring $20,000 Of Areawide Sales Tax From The Bus Shuttle Feasibility Study CIP To The Capital Transit Development Plan And Improvement CIP.

Budget Impact Note

This request authorizes the transfer of $20,000 in Areawide Sales Tax from the Bus Shuttle Feasibility Study capital improvement project to the Capital Transit Development Plan and Improvement capital improvement project.

Ordinance 2006-11(AD) appropriated a grant of $150,000 from the Alaska Department of Transportation and Public Facilities to update the CBJ Transit Development Plan and Transit Improvement Program. This transfer consolidates funds appropriated during the FY07 capital improvement program with these grant funds to expand the scope of the project to include a study for a downtown circular bus route.

The Public Works and Facilities Committee approved this request at its May 21, 2007 meeting.

I recommend this transfer be approved.

b. Transfer T-854
Transferring $75,000 Of Areawide Street Sales Tax From The Greenwood Avenue CIP To The Lakeside Culvert Replacement CIP.

Budget Impact Note

This request authorizes the transfer of $75,000 in Areawide Street Sales tax funds from the Greenwood Avenue CIP to the new Lakeside Culvert Replacement CIP.

The work on the Greenwood Avenue CIP is completed and the CIP is ready to be closed.

The Public Works and Facilities Committee approved this request at its May 21, 2007 meeting.

I recommend this transfer be approved.

c. Transfer T-855
Transferring $240,000 In Areawide Street Sales Tax From The Valley Boulevard Reconstruction CIP To The Totem Park Sewer CIP.

Budget Impact Note

This request authorizes the transfer of $240,000 in Areawide Street Sales tax funds from the Valley Boulevard Reconstruction CIP to the Totem Park Sewer CIP.

The CBJ is preparing to bid the Totem Park Sewer Project and the engineer’s estimate is higher than anticipated. The project costs are now estimated to be $800,000 and there is $560,000 available in the project at this time. A transfer of $240,000 is necessary to fully fund the project.

After the transfer Valley Boulevard will still have adequate funding available to complete the project including unforeseen issues that may arise during construction.

The Public Works and Facilities Committee approved this request at its May 21, 2007 meeting.

I recommend this transfer be approved.

4. Bid Awards

a. Bid Award #07-011
Term Contract For Fuel Oil, Diesel Fuel, Automotive Gasoline

Bids were opened on the subject project on April 27, 2007. The bid protest period expired at 4:30 p.m. on May 2, 2007. Results of the bid opening are as follows:

BIDDER
SECTION I
Heating / Diesel Fuel
SECTION II
Ultra Low Sulfur Diesel (Highway)
SECTION III
Unleaded Gasoline

Petro Marine Services
$1,453,642.30
$ 656,280.00
$ 279,480.00

Taku Oil Sales, Inc.
$ 1,513,142.30
No Bid
$ 293,120.80

Delta Western
$ 1,579,852.23
$ 708,090.00
$ 304,000.80

Bids (awarded by Section) represent the anticipated annual cost for each type of fuel and its delivery to approximately 80 CBJ, School District and Bartlett Regional Hospital tanks. The contract period is from date of award through June 30, 2008, with an option to renew for four (4) additional twelve-month periods by mutual agreement. As with the previous contract, fuel prices change weekly, based upon average prices provided by the Oil Price Information Service (OPIS). The delivery fee remains constant for the contract period. Ultra Low Sulfur Diesel (ULSD) has been added to the list of fuels provided under this contract to comply with federal regulations for highway diesel equipment.

The new fuel delivery fees are listed below. In parenthesis beneath them are the delivery fees from the previous contract. If the same number of gallons of fuel is purchased using the new delivery fees, the cost will be approximately $41,000.00 more annually.

BID PRICES OF APPARENT LOW BIDDER

Type of Fuel
used by
CBJ, BRH & JSD Average OPIS fuel price/gallon
April 2007 Delivery Fee--new bid
(previous bid price) Estimated annual usage in gallons
#1 heating/diesel $ 2.0000 $ 0.1697 – new bid
($ 0.1364) – old bid 153,000
#2 heating/diesel $ 1.8809 $ 0.1697 – new bid
($ 0.1339) – old bid 547,000
Ultra Low Sulfur Diesel # 1
(highway diesel) $ 2.1433 $ 0.1849 – new bid 150,000
Ultra Low Sulfur Diesel # 2
(highway diesel) $ 1.8773 $ 0.1697 – new bid 150,000
Regular unleaded gasoline (87 octane) $ 1.8853 $ 0.1697 – new bid
($ 0.1388) – old bid 136,000
1,136,000
TOTAL GAL.

Buyer: Diane Andresen
Funding Source: Determined by each CBJ department, the School District and the Hospital
Encumbrance: As determined by each CBJ department, the School District and the Hospital

The Purchasing Division recommends award of this contract to Petro Marine Services on the basis of having the lowest responsive bid price for Sections I, II and III for a total amount of $2,389,402.30. Contract amount will be based upon the weekly OPIS fuel prices plus the awarded delivery fee.

I recommend award of this contract to Petro Marine Services.

VIII. PUBLIC HEARING

A. Ordinance 2007-21
An Ordinance Appropriating Money Out Of The Treasury For FY08 City And Borough Operations

This ordinance would appropriate the City and Borough of Juneau’s FY08 operating budget, excluding the School District.

The final draft of this ordinance is provided as a red folder item.

I recommend this ordinance be adopted.

B. Ordinance 2007-28
An Ordinance Establishing The Rate Of Levy For Property Taxes For Calendar Year 2007 For The Budget For Fiscal Year 2008.

This ordinance establishes the mill rates for property taxes for 2007, which funds the City and Borough of Juneau’s FY08 operating budget. The Charter requires the assembly to adopt, by ordinance, the tax levies necessary to fund the budget before June 15.

The mill levies presented in this ordinance support the Manager’s FY08 Revised Budget. As part of the budget review process, the Assembly Finance Committee has reviewed and recommend, to the Assembly, the final mill levies. The final mill levies must be adopted on or before June 15.

This ordinance proposes an operational mill levy at 9.26 and the debt mill levy at 1.11, for a total mill levy of 10.37.

The final draft of this ordinance is provided as a red folder item.

I recommend this ordinance be adopted.

C. Ordinance 2007-33
An Ordinance Amending The Sales Tax Code Regarding Tuition Charged by Non-Profit Corporations.

This ordinance will expand the sales tax exemption code to include tuition payments received by non-profit corporations that provide education as an alternative to the public school system. In addition, the ordinance also includes a retroactive application. The Sales Tax Office will determine who qualifies for the exemption.

On March 14, 2007, the Assembly Finance Committee reviewed and moved to recommend to the Assembly the expansion of the sales tax exemption code to include tuition payments received by non-profit corporations that provide education as an alternative to the public school system. In addition, they also recommended a non-code ordinance section be included to retroactively apply the exemption.

I recommend this ordinance be adopted.

D. Ordinance 2007-34
An Ordinance Amending The Sales Tax Code Regarding Sales Of Goods Delivered Outside The City And Borough.

This ordinance will expand the sales tax exemption for goods ordered from outside the CBJ and delivered outside CBJ to include electronic delivery. The verification of electronic delivery will be determined by the buyer’s billed-to address.

On March 14, 2007, the Assembly Finance Committee reviewed and moved to recommend to the Assembly the expansion of the sales tax exemption code to include the delivery of product by electronic means.

I recommend this ordinance be adopted.

E. Ordinance 2007-36
An Ordinance Establishing An Annual Fee For Commercial Business Participation In The CBJ Recycling Program.

This ordinance establishes a $100 fee for business/commercial participation in the CBJ Recycling Program. The ordinance expands the current scope of the City’s Recycling Program consistent with the program goal of increasing the total volume of materials recycled in Juneau, and thus minimizing the volume of waste material going into the landfill.

The current recycling program is funded through a portion of the $4.00 per month Waste Management Fee included in all residential utility bills, or billed annually to those property owners not receiving utility services. Commercial businesses have been required to pay to recycle at the “across-the-scale” rates and many have not participated due to the added expense of separating recyclable materials. This new commercial recycling program is aimed at providing a financial incentive to businesses by making recycling less expensive than landfilling, and less time consuming.

The new fee will be based upon a calendar year to accommodate typical local business financial cycles. It is estimated that the sale of the increased volume of recyclable materials will cover the increased shipping costs resulting from the business participation.

This new business/commercial recycling program has received support from the Friends for Recycling and local businesses including the tour industry.

The Public Works and Facilities Committee passed a motion of support for the ordinance at its April 19, 2007 regular meeting.

I recommend this ordinance be adopted.

F. Ordinance 2006-11(AQ)
An Ordinance Appropriating To The Manager’s Office The Sum Of $24,823 As Partial Funding For The Development Of Stormwater Policies, Funding Provided By The United States Fish And Wildlife Service.

Economic Impact Note

This Ordinance appropriates a $25,000 United States Fish & Wildlife Service grant for the research and writing of a Manual of Best Management Practices (BMP’s) for Storm Water.

The manual will provide the Engineering, Planning, and Public Works Departments with a broader range of strategies to better manage storm water for water quality and flooding. The Municipality of Anchorage has developed a drainage manual that includes these storm water BMP’s to guide land managers and developers as part of NPDES requirements.

This grant requires a match of approximately 18% which will be met using the areawide sales tax to be transferred into the project at the next meeting.

This issue was approved by the Public Works and Facilities Committee at its April 30, 2007 meeting.

I recommend this ordinance be adopted.

G. Ordinance 2006-11(AV)(b)
An Ordinance Appropriating to the Manager the Sum of $166,000 as Funding for the Eaglecrest Mid-Mountain Chairlift, Funding Provided by Private Donations.

Economic Impact Note

This ordinance has been revised since it’s introduction on May 14, 2007 to appropriate and additional $31,000 of funds raised via private donations intended for the Eaglecrest Mid-Mountain Chairlift. The total appropriation is now $166,000.

This Ordinance follows Transfer Request T-853, which was approved at the May 14 Assembly meeting, as the appropriation will partially repay funds transferred via T-853. In order to facilitate project bidding and take advantage of this construction season, T-853 transferred $168,000 from the Eaglecrest Deferred capital improvement project to Eaglecrest Mid-Mountain Chairlift capital improvement project..

This Ordinance repays $166,000 of the $168,000 borrowed. The balance of the transfer to be repaid, $2,000 has been pledged, but not received and will be appropriated when collected.

I recommend this ordinance be approved as revised.

H. Ordinance 2006-11(AW)
An Ordinance Appropriating to the Manager the Sum of $800,000 as Partial Funding for the Streets Department’s Fiscal Year 2007 Operating Budget, Funding Provided by the Roaded Service Area.

Economic Impact Note

Mike Scott Memo

The Public Works Streets Department is anticipating a $800,000 shortfall in the current fiscal year operating budget due to record snowfalls resulting in dramatically increased costs in personnel, contractual services, fuel usage, equipment repairs, and road chemicals. This shortfall requires a supplement appropriation of $800,000 for fiscal year 2007.

I recommend this ordinance be adopted.

I. Ordinance 2006-11(AX)
An Ordinance Appropriating To The Manager The Sum Of $61,059 As Partial Funding For The Juneau Downtown Historic District Designs Standards Evaluation, Phase II, Funding Provided By The Alaska Department Of Natural Resources And Port Development Fees.

Economic Impact Note

This ordinance appropriates a $39,197 grant from the Alaska Department of Natural Resources, Office of History and Archaeology, and $21,862 in Port Development Fees from the Waterfront Planning capital improvement project.

The Juneau Downtown Historic District Design Standards Update is the last of a two-phase effort to evaluate the existing Downtown Historic District Design Standards Ordinance, adopted in 1984, and to revise and update these standards as appropriate. The proposed project would provide an opportunity for a leading historic preservation and design consultant to recommend changes to the standards, based on an evaluation completed during Phase I last year.

The work of the project will be performed through the combined efforts of the contracted consultant and the Project Manager. Total project costs are estimated to be $65,329. Port Development Fees currently appropriated to the Waterfront Planning capital improvement project, as well as wages from the Community Development operating budget will provide the 40% match requirement. Total project costs include a 10% State administrative surcharge.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Liquor Licenses

Beverage Dispensary, Liquor License Renewal: Viking Restaurant & Lounge
Request for Informal Hearing

Due to an incorrect mailing of the initial notice of a potential protest to the Viking Restaurant & Lounge, Mr. Jack Tripp has requested that the Assembly reconsider its decision to protest the issuance of the Viking’s liquor license.

The Assembly, at its meeting of May 14, 2007, voted unanimously to protest the renewal of the Beverage Dispensary license #2533, issued to the Viking Restaurant and Lounge at 216 Front St., based on non-compliance with the building code and delinquent sales taxes. The Assembly’s motion included a provision that the protest could be removed under the condition that the business complied with all CBJ codes, including payment of delinquent accounts and compliance with building code issues prior to action by the State of Alaska Alcohol Beverage and Control Board. The ABC Board meets July 11, 2007. At that time, if all objections were cleared, the protest would be withdrawn.

I recommend the Assembly reconsider its previous decision based on the incorrect mailing of the initial notice and provide an opportunity for an informal hearing at this meeting.

X. NEW BUSINESS

A. Liquor Licenses

New Liquor License Application & Application for Restaurant Designation Permit:
Recreational Site – Seasonal License #4700
Alaska Zipline Adventures LLC

d/b/a Alaska Zipline Adventures
Physical Location 3000 Fish Creek Road (Eaglecrest Lodge)

The above listed liquor license application is before the Assembly to either protest or waive its right to protest the issuance of the Recreational Site-Seasonal license and to approve or deny the application for a Restaurant Designation permit.

The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for compliance with CBJ Code. The Eaglecrest Board reviewed this application at its February 1, 2007 meeting and passed by unanimous consent the approval of Alaska Zipline Adventures “to serve beer and wine to its customers contingent upon receipt of all applicable permits and licenses.”

The Human Resources Committee met earlier this evening, Monday, June 4, 2007, and will report on their action.

I recommend the Assembly adopt the Human Resources Committee's recommendations for action from tonight’s meeting.

B. Bartlett Regional Hospital
Quorum Contract

The Bartlett Hospital Board of Directors have negotiated and approved an extension, contingent upon Assembly approval, to the Quorum management contract. Below are proposed changes to the existing contract, as recommended in the ECG audit report. The new contract duration is three years. The contract will expire July 31, 2011.

• Section K on Management Plan and Reports
This section was extensively rewritten to reflect recommendations contained in the ECG report related to performance measures. The following language was added: "The plan shall also include and incorporate all requisite measures that will satisfy BRH's agreements for full participation in Medicare and Medicaid, specifically including, but not limited to the Hospital Consumers Assessment of Health Services and the National Hospital Quality Initiative, and successor or other agreements required for BRH's full participation in Medicare or Medicaid."

These clinical reports coupled with existing financial benchmarks will provide the Board with the necessary oversight recommended in the ECG report. In addition, under Section K, the Board will require a monthly report from the CEO and the Board will establish annual goals and objectives for QHR's key personnel.

• Section 3 regarding Asset Purchasing Authority
The Board has been discussing, as part of changes to the by-laws, the amount of funds to be expended. They made a change to a portion of the contract to bring this contract in line with certain related by-law changes the Board is considering.

• Section on Salary and Benefits of Key Personnel
QHR is required to notify BRH of any changes to QHR fringe benefits that affect key personnel. An affirmative vote by the Board will be required prior to BRH paying these new rates.

I recommend the Assembly approve the amended contract as proposed.

C. Export Manufacturing Exemption Applications

The CBJ code includes provisions for exempting qualifying manufacturing property from property assessment and taxation, 69.10.020(10). Qualifying property will receive a declining 5-year percentage exemption from the property’s market value.

• 100% exemption in year 1
• 80% exemption in year 2
• 60% exemption in year 3
• 40% exemption in year 4
• 20% exemption in year 5

Property owners seeking an exemption must file a request with the CBJ Assessor’s Office on or before January 31 of each year. The code places the authority for approving the manufacturing exemption requests with the Assembly.

The Assessor’s Office has received five property export manufacturing exemption requests for the 2007 tax year (FY08 budget year). Property tax calculations are based on the proposed 2007 mill rate of 10.79.

1. The AKBev Group, LLC filed a manufacturing exemption for furniture and fixtures, computers and software, machinery and equipment totaling $233,472 (approximately $2,519.16 in property tax).

The Assessor has determined that both the AKBev Group’s business and the property being requested for exemption meet the code requirements. The Assessor is recommending approval of this exemption request.

2. Alaska Glacier Seafood, Inc filed a manufacturing exemption for machinery, equipment and a vehicle totaling $320,074 (approximately $3,453.60 in property tax).

The Assessor has determined that both the Alaska Seafood’s business and the property being requested for exemption meet the code requirements. The Assessor is recommending approval of this exemption request.

3. Tim’s Woodworks filed a manufacturing exemption for machinery and equipment totaling $28,118 (approximately $303.39 in property tax).

The Assessor has determined that both Tim’s Woodworks business and the property being requested for exemption meet the code requirements. The Assessor is recommending approval of this exemption request.

4. Alaska Seafood Company, Inc. has filed for the following export manufacturing exemptions.

For Business Personal Property - machinery and equipment totaling $17,000 (approximately $183.43 in property tax).

For Real Property - land ($192,000) and building ($877,600) totaling $1,069,600 (approximately $11,540.98 in property taxes).

The Assessor has determined that both Alaska Seafood Company’s business and the property being requested for exemption meet the code requirements. The Assessor is recommending approval of this exemption request.

5. Taku Smokeries filed a manufacturing exemption application for machinery and equipment totaling $49,857 (approximately $537.96 in property tax).

The Assessor has determined that both Taku Smokeries’ business and the property being requested for exemption meet the code requirements. The Assessor is recommending approval of this exemption request.

I recommend the Assembly accept the Assessor’s recommendations and approve the exemptions listed above.

D. 2006 Late Filed Veteran Real Property Exemption
James N Helfinstine
Parcel ID 5B2101270240; 3402 Meander Way

This is a request to approve a late filed veteran real property exemption application. Mr. Helfinstine came to the Assessor’s Office March 8, 2007, and requested disabled veteran exemption application forms for 2006 and 2007. He provided a copy of a Veterans Administration letter dated March 8, 2007. The letter certified his disability effective December 18, 2005. The Assessor’s Office granted Mr. Helfinstine an exemption for 2007, but was unable to do so for 2006. To be timely, the 2006 exemption application needed to be filed no later than March 31, 2006. Mr. Helfinstine noted that he had been pursuing official certification of his disability for some time and was just recently able to obtain the Veterans certification. The Assembly, for good cause shown, may waive a filer’s failure to make timely application for exemption and authorize the Assessor to accept the application as if timely filed.

Pending Assembly approval:
Total Assessed Value for 2006 357,400.00
Total Senior Citizen Exemption authorized 150,000.00
Taxable Value After Exemption 207,400.00
Tax Amount before exemption & amt paid in 2006 3,634.75
Tax Amount after exemption 2,109.26
Difference -1,525.49

Based upon the information provided, the CBJ Assessor is recommending approval of this late filed 2006 Veteran Real Property Exemption application.

I recommend the Assembly authorize the Assessor to accept the application as if timely filed.

E. 2004 & 2005 Late Filed Senior Citizen Real Property Exemption
Beatrice M Brown
Parcel ID 5B1301120090; Switzer Village #9

This is a request to approve a late filed senior citizen real property exemption application for years 2004 and 2005. Ms Brown called the Assessor’s Office on or about 3/15/2007 and asked an exemption for assessment years 2004 and 2005. Senior Citizen Real Property Exemption applications are due in the Assessor's office not later than March 31 of each assessment year. Ms. Brown was informed that her exemption requests were late and only the Assembly had the authority to except late filed applications. Ms Brown asked that her request be forward to the Assembly for consideration.

Ms Brown purchased her mobile home September 2003. She would have met eligibility requirements for 2004 and 2005. She explained again that she was not aware of the exemption until someone told her about it in 2006.

AS 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."

Pending Assembly approval:
Total Assessed Value for 2005 46,400.00
Total Senior Citizen Exemption authorized 36,400.00
Total Rehab Exemption authorized 10,000.00
Taxable Value After Exemption 0.00
Tax Amount before exemption 406.59
Tax Amount after exemption 0.00
Difference -406.59

I recommend denial of this exemption request for lack of good cause.

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
 
home
community
visitors
images
business
jobs
calendar
IMAGE-City and Borough of Juneau