ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, July 9, 2007 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2007-19

Submitted by: Rod Swope, City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition
B. BIA Representative Information Presentation

IV. APPROVAL OF MINUTES

A. June 25, 2007 – Regular Assembly Meeting 2007-18

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 2007-38
An Ordinance Providing The Lands Division Authority To Issue Regulations Regarding The Sale Of Sand And Gravel.

The Affordable Housing Commission considered a rebate incentive program for the sale of municipal rock, sand and gravel to projects with affordable housing units, and requested staff prepare an ordinance to establish the program. As drafted, the ordinance authorizes the issuance of regulations that set forth a fee schedule for municipal material sales and reasonable rebates. Projects would be eligible for different rates of rebate, targeted on the price difference between the market and overhead material rates, dependant on the percentage of affordable units sold in a development.

The draft ordinance and text for the rebate regulations were approved by the Affordable Housing Commission at its June 21, 2007 meeting. The ordinance was approved by the Lands Committee at its July 9, 2007 meeting.

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

b. Ordinance 2007-42
An Ordinance Relating To Double Fines For Offenses Committed Within Highway Work Zones And Traffic Safety Corridors.

The CBJ currently has no ordinance that allows for double fines for exceeding the posted speed limit in highway work zones.  The construction project on Egan Drive near Sunny Point is anticipated to last until Oct 2008.  There are signs posted on Egan Drive with lower speed limits and warnings of double fines for speeding in the work zone.  For the past month, JPD has been enforcing the speed limit in the work zone and is issuing double fine tickets under the authority of State Statute, AS 28.40.070.  The revenue generated from these citations is sent to the state.  If the city were to adopt an ordinance allowing for the double fines, the revenue from these tickets would be routed to the City rather than the State. 

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

c. Ordinance 2007-46
An Ordinance Providing for the Levy and Collection of a Temporary 1% Areawide Sales Tax on the Sale Price of Retail Sales, Rentals, and Services Performed Within the City and Borough of Juneau, Such Tax to Be Effective on October 1, 2008, for a Period of Four Years and Nine Months Only, the Proceeds of Which Are Intended to Be Allocated for Certain Purposes as Set Forth Herein; and Calling for an Election on Whether Such Sales Tax Shall Be So Levied.

This ordinance would place on the October 2, 2007 municipal election ballot the question of extending the 1% temporary sales tax levy. The currently temporary 1% sales tax levy will expire on September 30, 2008. If approved, the temporary 1% sales tax levy would be extended by 4 years and 9 months, until June 30, 2013. It is estimated that the temporary tax will generate a total of $40.6 million in sales tax revenues.

The funding would be use for a variety of needed capital projects. The identified projects include:
· General maintenance, improvements and upgrades to airport facilities,
· General maintenance, upgrades, and enhancements to harbor facilities,
· Essential and deferred maintenance to CBJ buildings and facilities,
· Essential and deferred maintenance to CBJ school district buildings and facilities, and
· Improvements and infill to critical sewer and water infrastructure throughout the Borough.

I recommend that this ordinance be introduced and forwarded on to the Assembly Finance Committee for additional review.

d. Ordinance 2007-47
An Ordinance Relating to “Panhandling,” and Providing For a Penalty.

This ordinance repeals CBJ 42.20.200, the ordinance prohibiting panhandling, and enacts a new panhandling ordinance. The new ordinance is intended to bring CBJ’s law into compliance with court decisions, and differs significantly from the old ordinance. The new ordinance prohibits aggressive panhandling at all times of the day; prohibits other panhandling at night; and specifically prohibits panhandling of drivers of cars, and panhandling at bus stops, on buses, at sidewalk cafes, and near ATMs.

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

e. Ordinance 2007-21(B)         Economic Impact Note
An Ordinance Appropriating to the Manager the Sum of $199,417 as Funding for the Noise Abatement Loan Program, Funding Provided by Lands Fund Balance.

Ordinance 2007-21(B) and its companion Ordinance 2007-21(C) would appropriate a total of $750,000 needed to fund the Noise Abatement Loan Program enabling the retrofitting of three Otters to quieter and more efficient turbine engines. Both Wings of Alaska and Ward Air are seeking noise abatement loans. Wings of Alaska wants to convert one of its Otters and Ward Air plans to convert two Otters. Each retrofit will cost $250,000 with the total loan package requiring $750,000.

Funding for the loan package will be provided by the following:

· With the adoption of Ordinance 2007-21(C), $550,583 will be transferred for the Noise Abatement Program from funding provided by the Marine Passenger Fees.
· The adoption of Ordinance Number 2007-21(B) will provide the required balance of $199,417, provided by the Lands Fund. The $199,417 in the Lands Fund consists of repayments to the City from earlier noise abatement loans.

The Passenger Fee Proceeds Committee reviewed the proposed loans at its meeting on March 7, 2007 and recommended approval. The Assembly Finance Committee reviewed the proposed loans at its meeting on May 2, 2007 and recommended approval.

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

f. Ordinance 2007-21(C)        Economic Impact Note
An Ordinance Transferring to the Manager the Sum of $550,583 as Funding for the Noise Abatement Loan Program, Funding Provided by Marine Passenger Fees.

Ordinance 2007-21(C) is a companion to Ordinance 2007-21(B). The manager’s report information for both ordinances is found above under Ordinance 2007-21(B).

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

g. Ordinance 2007-21(D)       Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $92,674 As Funding For The Development Of The Eaglecrest Nordic Ski Trail, Funding Provided By The Alaska Department Of Natural Resources.

This ordinance appropriates a grant in the amount of $92,674 from the Alaska Trails Initiative program. The grant is administered by the State of Alaska, Department of Natural Resources, Division of Park and Recreation. The purpose of the grant is to rehabilitate up to 3 miles of the Nordic Lower Loop Trail at Eaglecrest. The work will consist of replacing and installing culverts, brush cutting, laying fabric and gravel for facilitate opening the trail earlier in the season and maintaining a good snow surface during the season. The work will be completed by June 12, 2009.

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

VIII. PUBLIC HEARING

A. Ordinance 2007-44
An Ordinance Prohibiting Smoking in Bus Shelters.

This ordinance would prohibit smoking in bus passenger shelters.

I recommend this ordinance be adopted.

B. Ordinance 2007-45         Investment Policy
An Ordinance Amending the Investment and Collateral Code.

This ordinance would modify the investment codes to implement a fourth Central Treasury investment portfolio structure. This new portfolio is targeted towards long-term investments where the invested principle is not anticipated to be expended and the interest earned would be used to fund specific operating costs. The Treasury Division of Finance contracted with Callan Investment Services to develop suggestions for code and policy changes. The review included balancing long-term investment risks with anticipated investment returns. The resulting recommendation from this analysis includes expanding the investment portfolio to include equity investments. The proposed ordinance and policy would include the following asset and investment allocations for the fourth investment portfolio:

Ordinance Policy

Domestic Fixed
51% ± 5%
Broad Domestic Equity
35% ± 5%
International Equity
14% ± 5%

These asset and investment allocations will help balance returns and reduce total risk exposure. Included in the packet is a revised investment policy. The policy has been revised to match with the proposed investment ordinance revisions. The policy includes an additional provision that restricts the maximum amount of Central Treasury funds that can be placed into the new portfolio at $5,000,000. This amount would be in addition to the restricted donations or foundation funds.

The Assembly Finance Committee reviewed and approved moving this recommended change forward to the Assembly on May 23, 2007.

I recommend this ordinance be adopted.

C. Ordinance 2007-21(A)       Economic Impact Note
An Ordinance Appropriating to the Manager the Sum of $115,460 as Funding for the Juneau International Airport Runway Safety Area Environmental Impact Statement Project, Funding Provided by the Federal Aviation Administration, and the Alaska Department of Transportation and Public Facilities.

This ordinance appropriates a federal grant amendment in the amount $112,500 and a State of Alaska matching grant amendment in the amount $2,960. Funds are provided by the Federal Aviation Administration, and the Alaska Department of Transportation.

This appropriation would fund additional work items identified by the FAA Project Manager for completion of the Juneau International Airport environmental impact statement.

The Airport Board approved this action at its June 13, 2007 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. LIQUOR LICENSES
Liquor License Transfer & Application for Restaurant Designation Permit
Restaurant/Eating Place License #1915
Transfer From: (Estate of) George A. Jefferson, Jr.
Transfer To: Virginia A. Jefferson
d/b/a Thane Ore House Salmon Bake
Physical Location: 4400 Thane Road

The above listed liquor license transfer application is before the Assembly to either protest or waive its right to protest the transfer of the Restaurant/Eating Place license as listed above.

The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for compliance with CBJ Code. Enclosed in your Human Resources Committee packets is a copy of the application documents from the Alcohol Beverage Control (ABC) staff as well as a copy and the information sent on June 22, 2007 by CBJ staff to Virginia Jefferson informing her of the HRC and Assembly meetings and her right to an informal hearing before the Assembly should the HRC recommend protest.

The Human Resources Committee met earlier this evening, Monday, July 9, 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. 1% for Art – Floyd Dryden Middle School Renovations
Per CBJ Ordinance 62.65.020 and project agreements with the Alaska Department of Education & Early Development, the Floyd Dryden Middle School Renovation Phase 1 and Phase 2 projects are required to expend 1% of the construction cost for procurement and installation of art at the facility. The budget for acquiring art for all phases of the renovation work amounts to $81,416; $41,416 for Floyd Dryden Middle School Renovation – Phase 1 and $41,000 for Floyd Dryden Middle School Renovation – Phase 2.

Per CBJ Ordinance 62.65.040 a CBJ Assembly approved Art Selection Panel was created. On September 14, 2006, a Call For Artists was advertised by the City & Borough of Juneau Engineering Department. The Call For Artists was advertised in the newspaper, on the Alaska State Council for the Arts website, in the Juneau Arts and Humanities Council newsletter, and via direct email to artists who have participated in past Call For Artist projects. October 16, 2006, proposals were received from two artists. On November 2, 2006, a public meeting was held at Floyd Dryden Middle School with the selection panel to discuss the proposals. The panel selected Shelia Wyne to design, fabricate, and install artwork in the Floyd Dryden Middle School courtyard.

The panel worked with Shelia Wyne to develop several different concepts for the courtyard and on May 2, 2007 approved the “Feathers” concept for final development. CBJ Ordinance 62.65.040 stipulates that all art selected by the Panel is subject to final approval by the City & Borough of Juneau Assembly. The final design of the “Feathers” concept is provided for your review and approval.

I recommend the Assembly approve the 1% for Art Committee’s recommendation.

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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