ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, April 7, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-09

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition – Fran Vlahos-Rohm Retiree

IV. APPROVAL OF MINUTES

A. March 5, 2008 – Special Meeting 2008-06
B. March 10, 2008 – Regular Meeting 2008-07
C. March 19, 2008 – Special Meeting 2008-08

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 2008-10
An Ordinance Amending The Harbor Administration Code Relating To Vehicle Parking And Providing For A Penalty.

This ordinance would amend the Harbor Administration Code section on vehicle parking management and enforcement at parking lots and loading areas adjacent to the boat harbors and port facilities. The ordinance would clarify and improve the Port Director’s authority to manage vehicle parking effectively at the facilities.
It also would amend the boat harbor fine schedule to set a $25.00 fine for violation of posted parking limits at the port and harbor facilities, which is consistent with parking tickets generally.

During the past two years, the Docks and Harbors Board has reviewed the management of all parking lots and loading areas under its authority. Based on that review, the Board adopted a parking management plan that calls for the development of parking management regulations that apply generally to port and harbor facilities, and the related changes in the vehicle parking ordinance set out in Ordinance 2008-10.

The Board reviewed this ordinance at its March 27, 2008 meeting and recommended it be presented to the Assembly for adoption. At that meeting, the Board also approved new parking management regulations. The regulations will be before the Assembly for review at the same meeting this ordinance is scheduled for public hearing.

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

b. Ordinance 2008-11
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of Alaska Tidelands Survey No. 1503, Located Near Egan Drive At Approximately 2.5 Mile.

Exhibit A


This ordinance would authorize the Port Director to negotiate and execute a lease with Channel Construction, Inc., of Alaska Tidelands Survey No. 1503, located near Egan Drive at approximately 2.5 mile. The tidelands area to be leased contains approximately 0.88 acres (38,333 square feet).


Channel Construction is already using ATS 1503 for marine vessel and barge operations. In fact, it was using the tidelands for this purpose at the time the tidelands were conveyed to the CBJ by the State of Alaska. The Port Director, in a review of all tidelands leases, determined that Channel Construction should be under a lease with the Docks and Harbors Department for its use of ATS 1503 and paying the appropriate fair market value rental rate. Channel Construction concurred, an appraisal was conducted, a rental rate was established, and Channel started paying rent.

To date, a lease agreement has not been signed, and the parties wish to enter into a lease as previously approved by the Docks and Harbors Board. In 2006, the Port Director had a new appraisal performed and made an adjustment to the rental rate, which was approved by the Docks and Harbors Board Finance Committee on August 24, 2006. Channel Construction has been paying the new rental rate since January 1, 2007.

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

c. Ordinance 2008-12
An Ordinance Amending The Official Zoning Map To Change The Zoning Of Lot 9 Block 225 Of Casey-Shattuck Addition To The Townsite Of Juneau From (D-5) Residential To (LC) Light Commercial.

Exhibit A

The Planning Commission recommended that the Assembly approve this rezoning at its regular meeting of March 11, 2008.

A map of the area proposed for rezoning is included in the packet as Exhibit A.

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

d. Ordinance 2008-13 - RED FOLDER ITEM
An Ordinance Establishing The Rate Of Levy For Property Taxes For Calendar Year 2008 For The Budget For Fiscal Year 2009.

This ordinance would establish the mill rates for property taxes for 2008, which funds the City and Borough of Juneau’s FY09 operating budget. The ordinance will be provided as a red-folder item at the meeting.

I recommend this ordinance be introduced and referred to the Assembly Finance Committee.

e. Ordinance 2008-14 - RED FOLDER ITEM
An Ordinance Appropriating Funds From The Treasury For Fiscal Year 2009 School District Operations.

This ordinance would appropriate to the School District an FY09 operating budget. The ordinance will be provided as a red-folder item at the meeting.

I recommend this ordinance be introduced and referred to the Assembly Finance Committee.

f. Ordinance 2008-15 - RED FOLDER ITEM
An Ordinance Appropriating Funds From The Treasury For Fiscal Year 2009 City And Borough Operations.

This ordinance would appropriate the City and Borough’s FY09 operating budget, excluding the School District. The Charter requires that the budget be adopted by June 15, 2008. The ordinance will be provided as a red-folder item at the meeting.

I recommend this ordinance be introduced and referred to the Assembly Finance Committee.

g. Ordinance 2007-21(AV)
An Ordinance Transferring $69,400 To The Marine Passenger Fee Fund, The Source Being Unexpended FY07 Marine Passenger Fees Budgeted To The General, Visitor Services, And Roaded Service Area Funds.

Economic Impact Note

This ordinance would transfer $69,400 of unexpended Marine Passenger Fees (MPF) that are budgeted for specific purposes and not expended by the year ended June 30, 2007, to the Marine Passenger Fee Fund. Of the total FY07 MPF funds, this ordinance would return $69,400 in unexpended Collaboration Juneau, Tourism Opinion Survey, Crossing Guard, and Downtown Sidewalk Maintenance funds.

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

h. Ordinance 2007-21(AW)
An Ordinance Appropriating To The Manager The Sum Of $4,453 As Funding For The Acquisition Of Alcohol Breath Testing Equipment, Grant Funding Provided By The Alaska Department Of Transportation And Public Facilities.

Economic Impact Note

This ordinance would appropriate a $4,453 grant from the Alaska Department of Transportation and Public Facilities, Alaska Highway Safety Office, 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 the police testing capabilities for alcohol breath content in the field.

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

i. Ordinance 2007-21(AY)
An Ordinance Appropriating To The Manager The Sum Of $1,521,235 As Partial Funding For Phase II Of The Glacier Valley Elementary School Capital Improvement Project, Funding Provided By General Obligation School Bond Interest Income.

Economic Impact Note

This ordinance would appropriate $1,521,235 in accrued general obligation school bond interest income to be used for the Glacier Valley Elementary School Renovation, Phase II CIP.

Funds to be provided by:
1) 2003A General Obligation School Bond Interest Income from the Districtwide Major Maintenance CIP - $1,300,000, and
2) 2006 General Obligation School Bond Interest Income - $221,235 from the Glacier Valley Renovation CIP

The engineer’s estimate was $10,300,000 and the low bid was $11,497,000 including Alternate No. 5. The additional funds are required in order to award the bid and have sufficient funds for contingencies. These requirements were discussed at previous Assembly meetings when the bid was awarded to Dawson Construction.

The School Board recommended this appropriation at its March 18, 2008 meeting.

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

2. Resolutions

a. Resolution 2438
A Resolution De-Appropriating $1,659,500 From The Wildlife Hazard Project At Juneau International Airport.

Economic Impact Note

This resolution would de-appropriate funding for the Wildlife Hazard project at Juneau International Airport. Funding for the project was provided by Passenger Facility Charges (PFC). No expenditure activity has occurred in the project.

With approval from the Federal Aviation Administration, this project has been incorporated into the Runway Safety Area project, which is funded with an Airport Improvement Program (AIP) grant, an Alaska Department of Transportation and Public Facilities grant, and Passenger Facility Charges.

The Airport Board approved this action at its March 12, 2008 meeting

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-873
Transferring $5,625 In General Sales Tax From Centennial Hall Capital Improvement Projects (Chair Replacement, Table Replacement, and Sound System Design) to Centennial Hall Electronic Marquee.


Impact of Budget Action (IBA)

This request would authorize the transfer of $5,625 in General Sales Tax from the following Capital Improvement Projects (CIP) to Centennial Hall Electronic Marquee CIP.

Centennial Hall Chair Replacement $1,803
Centennial Hall Table Replacement $1,422
Centennial Hall Sound System Design $2,400
TOTAL $5,625

The Public Works and Facilities Committee recommended this action at its March 17, 2008 meeting.

I recommend this transfer be approved.

b. Transfer T-874
Transferring $6,204 In Sewer Funds From Mendenhall Treatment Plant Improvements Capital Improvement Project to Mendenhall Waste Water Treatment Plant (MWWTP) Odor Management and Twin Lakes Pump Station CIPs
.

Impact of Budget Action (IBA)

This request would authorize the transfer of $6,204 in Sewer funds from Mendenhall Treatment Plant Improvements CIP to the following CIP’s:

Mendenhall Wastewater Treatment Plant Odor Management $2,609
Twin Lakes Pump Station $3,595
TOTAL $6,204

The Mendenhall Treatment Plant Improvements CIP is completed and will be closed out with this transfer.

The Mendenhall Wastewater Treatment Plant Odor Management CIP is also completed. This CIP needs $2,609 to bring the balance to zero and allow for closure.

The Twin Lakes Pump Station CIP is on-going.

I recommend this transfer be approved.

c. Transfer T-876
Transferring $196,605 In General Sales Tax, Areawide Sales Tax, Water Fund, And Sewer Fund From Twelve Completed Projects To Seven On-Going Projects.

Impact of Budget Action (IBA)

This request would authorize the transfer of $196,605 from twelve Capital Improvement Projects (CIP) that are complete and ready to be closed, to seven on-going CIPs. The individual capital project transfers are listed in detail in the attached Impact of Budget Action (IBA) worksheet. The worksheet details the effect of the transfer on the projects’ budgets and the available funds within each project. For projects to be closed, the fiscal year the project began has been included for your information.

The Public Works and Facilities Committee recommended this action at its March 17, 2008 meeting.

I recommend this transfer be approved.

4. Bid Awards

a. Bid Award E08-142
West Mendenhall Valley Sewer, Phase 1, LID 98

Bids were opened on the subject project on March 28, 2008. The bid protest period expired at 4:30 p.m. on April 1, 2008. Results of the bid opening are as follows:

Project Manager: Terry Stone

Project Description: The work covered in the Contract Documents includes: installing approximately 4,750 linear feet of 18-inch diameter gravity sewer; 1,300 linear feet of 8-inch gravity sewer, manholes, sewer service laterals, removing and replacing asphalt surfacing, and other miscellaneous items of work. The site of the majority of work is located along Maier Drive, Industrial Boulevard, Bentwood Place, and Glacier Highway in the West Mendenhall Valley industrial area.

Engineer’s Estimate: $1,728,840.00

Funding Source: FY02 AW Street Sales Tax, FY06 1% Prop 2 Sales Tax, FY07 1% Prop 2 Sales Tax, FY08 1% Prop 2 Sales Tax and State of Alaska, Department of Environmental Conservation Grant Funds.

Total Project Funds: $5,910,000.00
CIP No. 484-84
Construction Encumbrance: $1,728,840.00
Construction Contingency: $138,000.00
Consultant Design: $180,000.00
Consultant Contract Administration/Inspection: $156,000.00
CBJ Administrative costs: $138,000.00

I recommend award of this project to Southeast Earthmovers, Inc., in the amount of the Base Bid and Additive Alternate No. 1, for a total award of $1,631,892.

VIII. PUBLIC HEARING

A. Ordinance 2008-08
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of Approximately 40,510 Square Feet Of Land Within U.S. Survey 16, For Operation Of The Auke Bay Boatyard, Travel Lift, And Related Equipment And Improvements At Dehart’s Marina In Auke Bay.

This ordinance would authorize the Port Director to negotiate and execute a lease with Juneau Marine Services, Inc., for the operation of the Auke Bay Boatyard facility and marine travel lift located at DeHart’s Marina. The Docks and Harbors Board approved the award of the lease at its January 31, 2008, meeting.

Docks and Harbors issued a Request for Proposals to solicit proposals from persons interested in operating the Auke Bay Boatyard under a lease with the CBJ. Four proposals were received. The proposals were reviewed by an evaluation committee (Docks and Harbors Board Chair, Docks and Harbors Board Finance Committee Chair, Port Director, and Harbormaster). The proposal submitted by Juneau Marine Services was the highest ranked proposal.

The current boatyard lessee is ceasing operation of the travel lift and boatyard on April 30, 2008. If this ordinance is adopted, Juneau Marine Services will take over on May 1, 2008, to provide uninterrupted operation and services. Juneau Marine Services is also currently under lease to operate the boatyard at the Downtown Fisheries Terminal.

I recommend this ordinance be adopted.

B. Ordinance 2008-21(AU)
An Ordinance Appropriating To The Manager The Sum Of $1,120,000 As Partial Funding For The West Mendenhall Valley Sewer Expansion Project, Grant Funding Provided By The Alaska Department Of Environmental Conservation.

This ordinance would appropriate $1,120,000 in Alaska Department of Conservation (ADEC) grant funds as partial funding for the first phase of expansion of the municipal sewer collection system in the West Mendenhall Valley area.

This project includes design and construction of approximately 6,000 feet of sewer main in the Industrial Boulevard, Bentwood Place, and Sherwood Lane areas. The project is to be completed by the spring of 2009. A pressure sewer main under the Mendenhall River and a new sanitary sewer pump station at the east end of Maier Drive were constructed in the summer of 2007 in preparation for this first phase of collection system development.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Contract Amendment - Engineering Services To Assist With The Construction Of The Auke Bay Loading Facility.

CBJ Ordinance Title 85 requires the Docks and Harbors Board to obtain Assembly approval for all contracts greater than $100,000. The Board is requesting the Assembly authorize the expenditure of up to $301,870 with PND for engineering services during the construction of the Auke Bay Loading Facility. PND was competitively selected to assist CBJ with the Auke Bay Loading Facility in 2002. The CBJ Engineering Department entered into a contract with PND in 2002. The contract was transferred to the Docks and Harbors Department in 2003. The Assembly has reviewed this contract on two previous occasions, March 13, 2006 and December 11, 2006. The Docks and Harbors Board extensively reviewed the proposed authorization at its CIP/Planning Committee meeting on March 25, 2008 and its Regular Board meeting of March 27, 2008 and recommended the Assembly approve the authorization.

B. Docks and Harbors Regulations
Small Boat Harbor Fees and Charges Residency Surcharge

Mark-up Version

Final Version

By this regulation, the Docks and Harbors Board is proposing three changes to the small boat harbor moorage fees and charges.

First, the regulation would change the rounding method used for making CPI adjustments to the daily moorage fee. The current rounding method calls for rounding the adjusted fee to the nearest 5¢. Under the proposal, the fee would be adjusted to the nearest 1¢.

Second, the board is proposing to change the definition of the residence surcharge fee, including when the surcharge fee would apply. Currently, a vessel that is occupied as a residence for two or more full days in any calendar month is deemed a residence for the entire month, unless the owner is paying daily moorage or the owner can prove to the satisfaction of the Harbormaster that all persons living on the vessel maintain a permanent place of residence onshore within the CBJ. A tax bill or assessment notice in the name of each occupant of the vessel which can be verified as a residence is “prima facie proof” that the occupant maintains a residence on shore. This regulation would eliminate that provision so it is clear that payment of property taxes does not relieve a person from the requirement to pay the surcharge when the vessel is used as a residence. Instead of “two or more days,” the residence surcharge would apply when the vessel is used as a residence for “three or more days” in a calendar month. There would still be two exceptions: (1) when the owner is paying daily moorage for all days in the month the vessel is used as a residence, or (2) when the Harbormaster, in writing, authorizes the owner to use the vessel as a residence for more than three calendar days in a month; however, that authorization is only for short term, temporary use as a residence, not to exceed seven days in a calendar month.

Third, this regulation would repeal of the annual moorage table set out in 05 CBJAC 20.190. The table expired in 2007 and is no longer used.

The Docks and Harbors Board adopted the regulations at its March 27, 2008 meeting after incorporating feedback from two public hearings. The regulations were posted for 21 days, and no written comments were received.

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

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

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

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

XI. STAFF REPORTS

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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