ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, February 11, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-03

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. January 28, 2008 – Regular Meeting 2008-02

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 2008-03      Exhibit A         Exhibit B
An Ordinance Creating Local Improvement District No. 98 Consisting Of Installation Of A Sanitary Sewer System In The Industrial Boulevard Area.

This ordinance creates LID No. 98 for the purpose of providing sewer serving the property owners within the West Valley Sewer, LID 98 boundary. The proposed total assessment for this project is $940,596.00.

Notices were published in the newspaper and sent to residents in the LID area so they would be aware that they would have this opportunity to make their views known to the Assembly.

Results of property owner support and objection will be available at the February 25, 2008, Assembly Meeting.

At the February 25th hearing, the Assembly may hear objections from any owner affected by the formation of the district and may make changes in the proposed boundaries or in the plans for the proposed improvements. The Assembly may not change the boundaries of the district to include property not previously included without first giving new notice to owners in the manner and form and within the time provided for the original notice.

This is the third Local Improvement District process for sewer extension to this neighborhood. At a meeting on December 12, 2007, the Assembly Committee of the Whole assigned this issue to a sub-committee which met with an informal neighborhood work group. The sub-committee reported back to the COW and recommended that the base rate of the new proposed assessments be reduced by 60%. LID 98 follows this direction.

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

b. Ordinance 2008-04           Exhibit - Table of Dimensional Standards
An Ordinance Amending the Land Use Code, Table of Dimensional Standards, Regarding Maximum Lot Coverage in the MU Zoning District.

This ordinance would amend the Land Use Code to eliminate maximum lot coverage standards for developments in the Mixed Use (MU) zoning district. The MU zoning district is found only in Downtown Juneau, where the Planning Commission recently eliminated front yard setbacks. Side and rear yards also have zero setbacks. Though the current lot coverage is minimized to 80%, buildings in this district were traditionally built to have full lot coverage. Variances to lot coverage requirements are not permitted by the Land Use Code. Therefore, this amendment will bring several nonconforming buildings into conformance, and allow future development in the MU zoning district to be of a consistent scale and design with existing development.

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

c. Ordinance 2008-05
An Ordinance Renaming, Amending, And Extending The Smoking In Public Places Code.

At its regular meeting on January 28, the Assembly directed the City Attorney to prepare an ordinance to close the claimed gaps in the current smoking ban ordinance to prohibit smoking in all places where either alcoholic beverages are sold, or food is offered for sale. As a result of the ban on smoking in bars, which became effective on January 2, 2008, some apparent gaps in the current ordinance have been identified, which have raised concerns about a “level playing field” among impacted businesses.
In short, this ordinance would (1) broaden the definition of a “bar,” (2) eliminate the limited exception to the smoking prohibition for “private functions” in CBJ 36.60.030(a)(6), which is difficult to enforce and has limitations that can be circumvented, (3) specifically prohibit smoking in private clubs that are licensed by the State to sell alcoholic beverages, or that offer food for sale, and (4) eliminate the “retail tobacco store” exemption. The ordinance also simplifies several definitions and clarifies the language of the ordinance.

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

d. Ordinance 2007-21(AF)
An Ordinance Appropriating To The Manager The Sum Of $6,820,000 As Partial Funding For The North Douglas And West Mendenhall Valley Sewer Expansion Projects And The Juneau-Douglas Treatment Plant Jet Truck & Septage Receiving Facility Improvement Project, Funding Provided By The State Of Alaska Department Of Environmental Conservation.

This ordinance would appropriate $6,820,000 in low interest loans from the Alaska Department of Environmental Conservation’s Alaska Clean Water Fund as partial funding for the following three projects:

• $4,570,000 – North Douglas Sewer Expansion
• $2,000,000 – West Mendenhall Valley Sewer Expansion
• $250,000 – Juneau-Douglas Treatment Plant Jet Truck and Septage Receiving Facility Improvements

The terms of the low interest loans under the Alaskan Revolving Loan Fund program are 20-years at 1.5-percent interest.

North Douglas Sewer Expansion
The purpose of this loan is to provide financing for the Local Improvement District (LID) portion of the project costs for all sewer extension phases between the JD Bridge and the existing collection system near Falls Creek. The loan will be paid with revenues collected from participant property owners. This LID financing mechanism has historically been used by the CBJ on sewer extension projects.

The North Douglas Sewer Expansion program is being done in multiple phases, with a total estimated project cost of $7,100,000. The system expansion is being funded through a local Special Sales Tax, ADEC Grants and Loans, and LID participation.

West Mendenhall Valley Sewer Expansion
The purpose of this loan is to provide financing for the LID portion of the project costs for the first phase of sewer system expansion in the Industrial Boulevard, Bentwood Place, and Sherwood Lane areas. The loan will be paid with revenues collected from participant property owners. This LID financing mechanism has historically been used by the CBJ on its sewer extension projects.

The West Mendenhall Valley Sewer Expansion program is being done in two phases, with an estimated total project cost of $4,500,000 for Phase One. The system expansion is being funded through a local Special Sales Tax, ADEC Grants and Loans, and LID participation.

Juneau-Douglas Treatment Plant Jet Truck and Septage Receiving Facility Improvements
The purpose of this loan is to provide financing for capital improvements to the JDTP wastewater collection and treatment system to more efficiently receive and process septic tank sludge from private haulers and contaminated materials vacuumed by the Utility from the collection system pump stations and manholes during routine system maintenance.

Assembly Resolution 2412, dated June 25, 2007, authorized the City Manager to enter into this loan agreement fore these three projects with ADEC. The Public Works and Facilities Committee passed a motion of support for the loan funding at their May 21, 2007 regular meeting.

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

e. Ordinance 2007-21(AR)
An Ordinance Transferring To The Manager The Sum Of $20,013 As Repayment Of Unspent Funds In The West Juneau Park Acquisition Capital Improvement Project, Funding Originally Provided By The Lands Fund.

This ordinance would repay unspent funds in the West Juneau Park Acquisition Capital Improvement Project to the Lands fund.

Resolution 2103, adopted the Capital Improvement Program for fiscal years 2002 through 2007 and identified $250,000 for acquisition of parkland in West Juneau, with the Lands Fund as the funding source.

The Assembly Lands Committee and the Public Works and Facilities Committee reviewed the proposed transfer at their meetings on February 4th, 2008 and recommended approval.

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

f. Ordinance 2007-21(AS)         Economic Impact Note
An Ordinance Appropriating To The Manager The Sum Of $270,413 In Federal Secure Rural Schools And Community Self-Determination Act Title III Funds, $160,000 Held As Restricted General Fund Balance And $110,413 Held As Restricted Fire Service Area Fund Balance.

This ordinance re-appropriates $270,413 of Title III of the National Forest Timber Receipts, Secure Rural Schools and Community Self-Determination Act of 2000, public law 106-393 (Title III) for two projects:

• $110,413 to be used to provide fire and rescue equipment. The City and Borough provides, through the Capital City Fire/Rescue (CCFR), emergency rescue and medical services throughout the City and Borough of Juneau. A portion of the Borough includes Federal lands. In addition, the City and Borough has completed a Cooperative Agreement with the National Forest Service for wildland fire protection in the Tongass National Forest.

• $160,000 for the development of an interpretive trail and training program. The program, Forest Interpretation Resource Education (FIRE), will be a collaboration of the City and Borough, Discovery Southeast (an organization focused on environmental education) and Trail Mix (an organization dedicated to trail management). The goal of this program is to develop an after-school program for elementary, junior high and high school students to work with environmental education professionals to design interpretive signage and a brochure for several of Juneau’s trail systems. The City and Borough presently manages nearly 40 miles of trails, most of which abut or connect directly with trail systems of the Tongass National Forest. Interpretive trails signage and brochure work proposed for the first year includes Treadwell Historic Trail, Amalga Park/Jensen-Olson Arboretum, DZ Nature Trail and Auke Lake Trail. Year Two will include interpretive signage for Mt. Roberts Trail (at Star Hill & Basin Rd), Point Bridget Trail, Outer Point and Rainforest Trail, Montana Creek Trail, and Fish Creek Trail. A minimum of three trail kiosk signs that provide an overview of the CBJ trail system will be produced. Discovery Southeast, working with local area schools, will produce print-ready interpretive trail signs and brochures with appropriate maps. Signage will be produced through a State sign contract.

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

2. Resolutions

a. Resolution 2436
A Resolution Reestablishing the City and Borough of Juneau Human Rights Commission, and Repealing Resolution 220
9.

The Juneau Human Rights Commission was considered for disestablishment under proposed Resolution 2419 at the August 20, 2007 Human Resources Committee and Assembly meetings. The reason for this proposal was due to the inability of the Commission to establish a quorum of members in order to hold meetings. Resolution 2419 was then referred to the Assembly Human Resources Committee to provide an opportunity to re-examine and perhaps reconstruct the legislation forming the Commission. The Human Resources Committee tasked Assemblymember Jonathan Anderson with reporting back to the committee with a proposal to re-establish the Commission under new legislation.

Resolution 2436 is a result of Mr. Anderson’s proposal and was considered at the January 28, 2008 Human Resources Committee meeting and is being forwarded to the Assembly for adoption.

The main change represented in Resolution 2436 from the previous work of the Commission is the removal of the investigatory and intervention role of the Commission placing a greater emphasis on examining sources of tension, practices of discrimination, hate crimes, and acts of prejudice in the City and Borough of Juneau and advising the Assembly regarding these issues. Another change was to reduce the number of seats on the commission from nine to seven, thereby lowering the number of members required for a quorum. The intent of this change is to assist the Commission to have sufficient attendance to hold meetings and thereby accomplish its goals.

I recommend this resolution be adopted.

3. Bid Awards

a. Bid Award     (there is no document linked to this agenda item)
Auke Bay Loading Facility

Bids for construction of the Auke Bay Loading Facility were solicited from December 7 to January 29. Two bids were received. The low bid was from Trucano Construction. The Docks and Harbors Board reviewed the bids at its January 31, 2008 meeting. The Board determined that Trucano’s bid was responsive and recommends the Assembly award the bid to Trucano.

Financial Information for the project follows:

Engineer’s Estimate: $7,331,857
Trucano Construction Bid: $7,076,664
Swalling Construction: $8,830,016

Available Funding: $7,631,136
Construction Contract: $7,076,664
Construction Administration: $ 353,833
Project Contingency: $ 200,639

I recommend the Assembly award the bid to Trucano Construction in the amount of $7,076,664.

VIII. PUBLIC HEARING

A. Ordinance 2008-02
An Ordinance Amending The Real And Personal Property Tax Code To Establish Standards For Finding “Good Cause” For A Claimant’s Failure To Make Timely Application For Certain Real Property Tax Exemptions, And Establish A Time Limit For Filing A Late Application.

The City and Borough provides both mandated and optional Senior Citizen and veteran property tax exemptions as required or allowed under State statutes. Each year the Assessor’s Office receives a number of late-filed exemption applications. Under state statutes, only the Assembly has the authority to accept late-filed exemption applications. The Assembly, for good cause shown, may direct the Assessor to accept the late-filed applications.

CBJ currently has no provisions in place defining “good cause” or how far back late-filed applications can be accepted. This issue was brought before the Assembly Finance Committee on December 12, 2007. A draft ordinance defining “good cause” and a time-period were also presented to the Finance Committee at that time. The Finance Committee reviewed the late-filed exemption application issue and the draft ordinance language. The Finance Committee approved changes to the draft ordinance and recommended the revised ordinance be brought forward to the Assembly for action.

The ordinance as presented defines “good cause” as: “…extraordinary circumstances beyond the control of the claimant, including but not limited to a medical condition or disability, impaired mental capacity, illiteracy, family emergency, death in the family, or other similar serious condition or event, that substantially impaired the claimant’s ability to file a timely application.”

The ordinance goes on to define the period for which late-filed applications can be accepted as: ”Not…more than one year after the date the application was due for the assessment year for which the exemption is sought, regardless of good cause.”

I recommend this ordinance be adopted.

B. Ordinance 2007-21(AO)
An Ordinance Appropriating To The Manager The Sum Of $8,142,712 As Funding For Airfield Construction, Terminal Construction, And Equipment Acquisition At The Juneau International Airport, Funding Provided By Passenger Facility Charges.

This ordinance would appropriate $8,142,712 to be provided by Passenger Facility Charges, intended for the following projects: $1,082,580 to match a federal grant for airfield construction, $7,052,632 for terminal construction, and $7,500 to match a federal grant for the purchase of snow removal equipment.

Other funding for these projects will include federal and state grants as well as local sales tax for the terminal construction.

The Airport Board approved this action at its January 9, 2008 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Senior Citizen/Disabled Veteran Real Property Tax Exemption, Late Filed Applications     (there are no documents linked to this agenda item)

Senior Citizen/Disabled Veteran Real Property Tax Exemption applications were due in the Assessor's office by March 31, 2007. Alaska Statute 29.45.030(f) and CBJ Code 69.10.020(1)(A) 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."

1. Late Filed Senior Citizen Applicant: Judith C. Covey, 5B2501370010

Date Application Received: November 14, 2007

Residence: Owned and occupied since January 28, 2005

Reason for Filing Late: Ms. Covey verbally told staff that she was unaware of this exemption.

Assessor’s Review and Comments: Ms. Covey, who is 68 years old, has not previously filed for a senior citizen property assessment exemption. Her husband turned 65 in the latter part of 2007. It appears that when her husband turned 65 Ms. Covey became aware of the senior citizen property assessment exemption.

Assessor’s Recommendation: Based on the provisions of Ordinance 2008-02 which defines the circumstances under which late filed applications will be accepted, I do not recommend approval of this late filed application.

Pending Assembly Approval:
Total Assessed Value for 2007 $266,200.00
Total Senior Citizen Exemption Authorized 150,000.00
Taxable Value After Exemption $116,200.00

Tax Amount for 2007 before Senior Exemption $2,760.48
Tax Amount for 2007 after Senior Exemption 1,205.00
Tax Deduction $1,555.48

I recommend denial of this request to file a late application for this exemption.

2. Late Filed Senior Citizen Applicant: Kenneth L. Wingo, 7B1001100232

Date Application Received: Information on eligibility provided on December 14, 2007. Original application filed on May 24, 1993.

Residence: Owned and occupied since June 23, 1992

Reason for Filing Late: Mr. Wingo’s was determined by the State to be ineligible for permanent fund distributions for 2005, 2006 and 2007. Mr. Wingo challenged his 2007 ineligible status. On November 30, 2007, the State’s position was reversed and he was determined to be eligible for 2007.

Assessor’s Review and Comments: The State Statute places the authority to accept late filed applications with the Assembly. However, in this case the issue was not a late filed application but a determination of ineligibility. The timing of the request to remove the ineligibility was beyond the control of Mr. Wingo.

Assessor’s Recommendation: We recommend that Mr. Wingo’s eligibility for the 2007 senior citizen exemption be reinstated.

Pending Assembly Approval:
Total Assessed Value for 2007 $248,100.00
Total Senior Citizen Exemption Authorized 150,000.00
Taxable Value After Exemption $ 98,100.00

Tax Amount for 2007 before Senior Exemption $2,572.80
Tax Amount for 2007 after Senior Exemption 1,017.30
Tax Deduction $1,555.50

I recommend approval of this request to file a late application for this exemption.

X. NEW BUSINESS

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. Airport Board Vacancy – Appointment

There is currently one vacant seat on the Airport Board for a term expiring June 30, 2010. The Assembly recently advertised and interviewed applicants for the Airport Board in September 2007. With the concurrence of the Human Resources Committee, Mayor Botelho suggested that the Assembly consider filling the vacant seat from among the pool of applicants previously considered in September. Of the previous applicants, the applications of those who have indicated a willingness to be considered for appointment are included in your packet.

Typically, the full Assembly, sitting as the Human Resources Committee, interviews the applicants and then recesses into executive session for deliberation. Since the applications are to be considered by the Assembly during a regular Assembly meeting, I recommend the Assembly recess into executive session to review the applications.

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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