ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, August 6, 2007 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2007-22

Submitted by Rod Swope, City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS
A. Whale Sculpture Proposal

IV. APPROVAL OF MINUTES
A. July 9, 2007 – Regular Assembly Meeting 2007-19
B. July 11, 2007 – Special Assembly Meeting 2007-20
C. July 17, 2007 – Special Assembly Meeting 2007-21

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 2007-43      Exhibit A Maps      Exhibit B Map
An Ordinance Authorizing the Port Director to Negotiate and Execute a Lease of City and Borough Tidelands Located Within Alaska Tidelands Survey No. 556A, in the Vicinity of the Rock Dump, for the Construction and Operation of a Harbor Marina Complex and Related Improvements and Amenities.

This ordinance would authorize the Port Director to negotiate and enter into a lease with Juneau Port Development, LLC, for a portion of the tidelands on Tract A of ATS 556, in the area from the Juneau Douglas Treatment Plant south past the Little Rock Dump to Slide Creek. Juneau Port Development, LLC plans to build a harbor marina complex, public park, and related amenities. The development plan is consistent with the Waterfront Plan.

The Docks and Harbors Board announced the availability of this parcel for lease in the spring of 2005. Juneau Port Development, LLC was the only firm responding to the announcement. The Docks and Harbors Board approved a lease to Juneau Port Development, LLC in August, 2005. The Assembly Waterfront Committee approved the lease in October 2005. The Lands Committee reviewed a draft ordinance at its meeting of July 9 and made two changes. The Lands Committee recommended the Assembly introduce the revised ordinance and set it for public hearing.

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

b. Ordinance 2007-48
An Ordinance Authorizing the City and Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $22,400,000 to Finance Renovations at Glacier Valley and Harborview Elementary Schools, and Submitting a Proposition to the Voters at the Election to Be Held Therein on October 2, 2007.

Elementary School Reconstruction
Harborview Elementary - $15,300,000
Glacier Valley Elementary - $7,100,000

This ordinance authorizes placing on the October 2, 2007 general election ballot the question of issuing $22,400,000 in 10 year general obligation (G.O.) bonds for the purposes of planning, designing, and constructing renovations to the Harborview ($15,300,000) and Glacier Valley Elementary Schools ($7,100,000).

Harborview Elementary. The Juneau School Board and the CBJ Assembly have determined that Harborview School has significant renovation needs. The original building was constructed as a partial two-story structure in 1951. Other additions continued in 1956 and 1974, with construction of the covered play area in 1991. The only major renovation of the building (the classroom wing) occurred in 1982, 25 years ago.

The electrical and mechanical systems date from the original construction. Other building systems, such as the ventilation systems and fire alarm systems, are no longer in compliance with current codes. The total project cost for the Harborview Elementary School Renovation is $20.4 million. These monies will fund all planning, architectural, engineering, and construction costs, as well as replacement of some of the furniture, fixtures, and equipment. This new bond amount of $15,300,000 will be combined with $5.1 million of existing monies from the District-Wide Major Maintenance Upgrades.

Glacier Valley. The Juneau School Board and the CBJ Assembly have determined that Glacier Valley School has significant renovation needs.  The school was originally built in 1963-65; the library was added in 1977.  Several important building systems have been replaced (e.g. heat distribution, roofing), but the building has not had a substantive renovation during its 40+ years of operation.  CBJ and School District staff analyzed the existing facility to assess the immediate and long-term upgrades that are needed to maintain the building as a viable educational facility for the next 20-30 years. This project will physically and programmatically upgrade Glacier Valley Elementary to meet the present and future educational facility needs of the Juneau School District. 

The $7,100,000 of monies requested will be in addition to the $5,995,000 school bonds authorized for Glacier Valley Elementary School in the October 2005 general election and will be combined with $1.656 million from District-wide Major Maintenance Upgrades. The 2005 monies are currently being used to replace the mechanical system and to replace part of the exterior envelope in the classroom wings and gymnasium. The total project cost for renovating Glacier Valley School in 2005 was estimated at $11.6 million. Using updated escalation costs, the total project renovation cost is now $14,751,000.

The Alaska Department of Education and Early Development (ADEED) has previously determined both school renovation projects are eligible for 70% reimbursement by the State of Alaska under the State’s School Construction Bond Debt Reimbursement Program. If the State fully funds the reimbursement program, the total annual debt service costs after State reimbursement, assuming an interest rate of 4.6%, will be $852,000. This amount of debt service would require an annual property tax levy of $21 per $100,000 of assessed value.

On July 11, 2007, the Finance Committee approved a motion to forward to the Assembly the two elementary school projects as one ballot proposition to the Assembly for introduction.

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

c. Ordinance 2007-49
An Ordinance Of The City And Borough Of Juneau, Alaska, Authorizing The City And Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $19,800,000 To Finance The Construction Of A Pool Facility, And Submitting A Proposition To The Voters At The Election To Be Held Therein On October 2, 2007.

This ordinance authorizes placing on the October 2, 2007 general election ballot the question of issuing $19,800,000 in 15 year general obligation (G.O.) bonds for the purpose of planning, designing, and constructing a new swimming pool at Dimond Park in the Mendenhall Valley, adjacent to the Thunder Mountain High School.

The Alaska Department of Education and Early Development (ADEED) has approved $8,650,853 or 43.7% of the total estimated project costs for reimbursement under the State’s School Construction Bond Debt Reimbursement Program. ADEED will reimburse the CBJ at a rate of 60% for the approved portion of the project. The total State reimbursement will be 26.2% (43.7% x 60%) of the total debt service for the project. The funding for the State’s reimbursement program is subject to annual appropriation. If the State fully funds the reimbursement program, the total annual debt service after State reimbursement, assuming an interest rate of 4.75%, will be $1,380,000. This amount of debt service would require an annual tax levy of $34 per $100,000 of assessed value.

On July 11, 2007, the Finance Committee approved a motion to forward this bonding request on to the Assembly for introduction.

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

d. Ordinance 2007-50
An Ordinance Authorizing The City And Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $3,900,000 To Finance The Cost Of Acquiring And Installing Artificial Turf At Melvin Park And Adair Kennedy Park Ball Fields, And Submitting A Proposition To The Voters At The Election To Be Held Therein On October 2, 2007.

This ordinance authorizes placing on the October 2, 2007 general election ballot the question of issuing $3,900,000 in 10 year general obligation (G.O.) bonds for the purpose of designing and constructing two artificial turf athletic fields, associated drainage, and other associated field improvements. The two fields proposed are the Adair-Kennedy baseball field and the Melvin Park softball field. The artificial turf construction will be similar to the turf construction at the recently completed Juneau-Douglas High School field.

The estimated total annual debt service, assuming an interest rate of 4.6%, will be $495,000. This amount of debt service would require an annual tax levy of $12 per $100,000 of assessed value.

On July 11, 2007, the Finance Committee approved a motion to forward this bonding request on to the Assembly for introduction.

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

e. Ordinance 2007-52
An Ordinance Relating To Land Use Development On The Airport, And Providing For A Penalty.

This ordinance would amend CBJ 05.20.020 by adding a new subsection to read:

(m) No development, as defined in CBJ 49.80.120, shall occur on Airport property without the prior written permission of the Airport Manager demonstrating that such development would be consistent with Airport safety and the Airport Master Plan. Violation of this subsection is an infraction.

This ordinance is introduced at the request of the Airport Board to assure that development within the airport is reviewed and consistent with certain Airport plans and operations by requiring prior approval of the Airport Manager.

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

f. Ordinance 2007-53
An Ordinance Prohibiting Camping In The Salmon Creek Watershed Above The Salmon Creek Dam, And Providing For A Penalty.

The purpose of this ordinance is to close public use camping in the Salmon Creek Reservoir watershed. The Salmon Creek reservoir is one of Juneau’s two water sources and is critical in meeting the water use demands of our community. The Salmon Creek water source is a surface water supply that is closely monitored for turbidity and bacterial contamination. Tight monitoring and water system shut downs have allowed the Water Utility to maintain a filtration avoidance status which significantly reduces the cost of water service to our customers.

Recent monitoring of the Salmon Creek water has indicated increased levels of human based bacteria and has resulted in closure of the water source during peak summer demand periods. Closure of the Salmon Creek reservoir watershed to camping will eliminate this potential risk to the Juneau water supply.

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

g. Ordinance 2007-21(E)             Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $4,100 As Funding For The Solid Waste Management Study, Funding Provided By The Waste Management Fund Balance.

This ordinance would appropriate $4,100 for the Solid Waste Management Strategy and Alternatives Analysis.

This re-appropriates money to the project that lapsed back into the Waste Management Fund Balance at the end of FY 2007.   These are not additional funds for the project, rather, with this appropriation the project budget remains at $75,000. 

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

h. Ordinance 2007-21(F)               Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $5,000 As Funding For The Local Emergency Planning Committee Activities, Funding Provided By Alaska Department Of Military And Veterans Affairs.

This ordinance would appropriate $5,000 for the 2008 Local Emergency Planning Committee (LEPC) grant.

The $5,000 LEPC grant monies will be used to support general Local Emergency Planning activities. Projects being considered include school and teacher safety handbooks and updating or drafting new response plans. Final project determination will be based upon upcoming Homeland Security grant awards in the next few months.

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

2. Transfers

a. Transfer T-857                           Impact of Budget Action Sheet
Transferring $5,320 From CIP D374-54, Municipal Building And Juneau Police Department Telephone System And $6,330 From CIP D374-93, Assembly Chambers Audio System Replacement To CIP D375-23, Municipal Building Generator.

This request authorizes the transfer of $5,320 from the Municipal Building/ Juneau Police Department Telephone System capital improvement project and $6,330 from the Assembly Chambers Audio System Replacement capital improvement project to the existing City Hall Generator/UPS Replacement capital improvement project.

The transfer would provide funding for continuation of the project in providing needed ventilation of the electrical room and cooling to the server room in the Municipal Building.

The work on the Municipal Building/Juneau Police Department Telephone System and on the Assembly Chambers Audio System Replacement was completed and both CIPs are ready to be closed.

I recommend approval of this transfer.

b. Transfer T-858                            Impact of Budget Action Sheet
Transferring CIP Funds From Glacier Valley Sports Field Improvements In The Amount Of $14,000, Centennial Hall Auditorium Chair Replacement In The Amount Of $40,000, And Centennial Hall Auditorium Table Replacement In The Amount Of $9,000, To Cope Park Improvements In The Amount Of $63,000.

This request authorizes the transfer of $63,000 in temporary and general sales tax moneys from Glacier Valley sports field improvements, Centennial Hall auditorium chair replacement, and Centennial Hall auditorium table replacement CIP’s to CIP P396-26, Cope Park improvements.

The bid for the Cope Park restrooms was approximately $80,000 more than the estimate. To award the construction project, the project needs $63,000 to proceed to completion. The project contingency will be utilized to supplement the difference.

I recommend approval of this transfer.

VIII. PUBLIC HEARING

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. The regulations will be presented to the Assembly for review and approval at a future meeting.

I recommend this ordinance be adopted.

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 October 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 adopted.

C. Ordinance 2007-46 (b)
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 Five Years, 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 current temporary 1% sales tax levy will expire on October 1, 2008. If approved, the temporary 1% sales tax levy would be extended by 5 years, until September 30, 2013. It is estimated that the temporary tax will generate a total of $43 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,

  ~ Improvements and 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.

The Assembly Finance Committee reviewed this ordinance on July 11, 2007. The Finance Committee is recommending approval of this ordinance as amended in Ordinance 2007-46 (b).

I recommend adoption of this ordinance as amended.

D. Ordinance 2007-47 (b)      Current CBJ Code Section re: Panhandling
An Ordinance Relating To “Panhandling,” And Providing For A Penalty.

Ordinance 2007-47(c) - revised version substituted at 8/6/2007 meeting...this ordinance was tabled to the September 24, 2007 Regular Assembly Meeting.

This ordinance repeals and reenacts, the ordinance prohibiting panhandling. The new ordinance is intended to bring CBJ’s law into compliance with court decisions. Under the First Amendment, panhandling cannot be prohibited; it can only be limited in certain ways. The new ordinance is modeled on ordinances that have withstood court challenges, and 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 adopted.

E. Ordinance 2007-21(B)          Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $199,417 As Funding For The Aircraft 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. 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 Aircraft 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 adopted.

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 adopted.

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 adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Juneau Economic Development Council Economic Indicator Report

B. Ordinance 2007-51          (Clerk's Certification of Fluoride Petition)
An Ordinance Amending The Water Code To Require The Manager To Add Fluoride To The Municipal Water.

The CBJ Clerk has certified an initiative petition for the October 2, 2007 ballot which would require the CBJ to fluoridate the municipal water. 
 
The CBJ Charter provides:
 
Section 7.10. Action on petitions.

            (a)        When an initiative or referendum petition has been determined sufficient, the clerk immediately shall submit it to the assembly. If the assembly fails to adopt a proposed initiative measure without any change in substance within forty-five days or fails to repeal the referred measure within thirty days after the date the petition was determined sufficient, it shall submit the proposed initiative or referred measure to the electorate of the municipality.
 
Accordingly, as required by the Charter, the Assembly is here presented with the opportunity to act on the proposed initiative within the time limits set forth above. Ordinance 2007-51 is identical to the language in the certified initiative petition.  Under Charter Section 5.3, the ordinance here presented "shall be rejected, deferred, referred to committee, or accepted as being introduced." 

Alternatively, a motion for "orders of the day" (that is, to move on to the next item on the agenda) would have the effect of a denial of introduction, and the matter would be placed automatically on the October 2, 2007 ballot.
 
If the Assembly votes to introduce the ordinance, it may set a public hearing date for August 20, 2007, and must act on it no later than August 27, 2007.
 
As this is a policy matter, I have no 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

A. City Attorney Performance Evaluation

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