ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, April 21, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-11

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition
1. Jeanette St. George
2. Lola Foss
3. Paul Smith

B. Public Service Week Proclamation

IV. APPROVAL OF MINUTES

A. April 7, 2008 – Regular Meeting 2008-09

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 2007-16
An Ordinance Providing For The Issuance And Sale Of General Obligation School Bonds In The Principal Amount Of $39,500,000; Providing The Form And Terms Of The Bonds And For Unlimited Tax Levies To Pay The Bonds; Providing For The Appointment Of A Bond Registrar; And Authorizing A Preliminary Official Statement.

This ordinance would authorize the issuance of $39.5 million in general obligation School Bonds. Of this amount, $17.1 million ($5 million for 10 years and $12.1 million for 15 years) was approved by the voters on June 12, 2007 for the Thunder Mountain High School and $22.4 million (10 years) was approved by the voters on October 2, 2007 for the Glacier Valley and Harborview Elementary Schools.

These bonds qualify for 70% reimbursement under the State’s School Construction Bond Debt Reimbursement Program. However, the reimbursement under the State’s Debt Reimbursement Program is subject to annual appropriation by the Legislature.

The remaining debt service, after State reimbursement and assuming the State fully funds the debt reimbursement program, will be paid from property taxes. The estimated total cost of the debt service, including interest at an average rate of 4.6% for the 10-year bonds and 4.8% for the 15-year bonds, is $52.01 million. The CBJ should receive reimbursement from the State of $36.4 million, assuming full state funding, leaving $15.61 million to be paid from local property tax. The maximum estimated property tax mill levy needed to fund the local share, assuming full state funding, will be 0.35 mills or $35 per $100,000 in assessed value.

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

b. Ordinance 2007-21(AX)
An Ordinance Appropriating To The Manager The Sum Of $52,000 As Partial Funding For The North Lemon Creek Material Source Capital Improvement Project, Funding Provided By Fill Charges Accumulated In The Nancy Street Pond Restoration Capital Improvement Project.

Economic Impact Note

This ordinance would appropriate $52,000 of accumulated fill charge revenues from the Nancy Street Pond Restoration Capital Improvement Project to the North Lemon Creek Material Source Capital Improvement Project. The Nancy Street Pond Restoration Project is being closed and has no need for further funding.

The Public Works and Facilities Committee recommended this appropriation at its April 7, 2008 meeting.

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

c. Ordinance 2007-21(AZ)
An Ordinance Appropriating To The Manager The Sum Of $625 As Funding For The Acquisition Of Maple And Birch Trees For The Jensen-Olson Arboretum, Grant Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate a $625 grant from the Alaska Department of Natural Resources, Alaska Community Forestry Program to fund the purchase of four maple trees and one birch tree at the Jensen-Olson Arboretum.

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

d. Ordinance 2007-21(BA)
An Ordinance Appropriating To The Manager The Sum Of $1,147 As Partial Funding For Work On Historic Buildings At The Alaska Juneau Gold Mining Company In Last Chance Basin, Grant Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

In FY07, Ordinance 2006-11(L) appropriated a grant from the Alaska Department of Natural Resources for the stabilization of historic structures in Last Chance Basin. This ordinance would appropriate a $1,147 amendment to the grant. Of this increase, the federal share is $688 and the balance is CBJ’s match requirement, which has already been met through allowable volunteer activity.

These additional funds would be used to complete work on the intake structure of the Compressor Building, which was unable to be completed due to a lack of grant funds. The volunteer match exceeded the grant requirements. The state had surplus funding available for this program and awarded additional funds to CBJ for preservation work. The amount was based on the amount eligible due to the over match of volunteer time.

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

e. Ordinance 2007-21(BB)
An Ordinance Appropriating To The Manager The Sum Of $13,358 As Funding For The Law Enforcement Liaison Program, Grant Funding Provided By The Alaska Department Of Transportation And Public Facilities.

Economic Impact Note

This ordinance would appropriate a $13,358 grant from the Alaska Department of Transportation and Public Facilities, Alaska Highway Safety Office, for the Law Enforcement Liaison program. This grant has no match requirements. This program was created by the Alaska Highway Safety Office for planning and development of high-visibility state and local enforcement efforts, particularly in the area of impaired driving and seatbelt enforcement.

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

2. Resolutions

a. Resolution 2440
A Resolution Ratifying The City Manager’s Declaration Of Emergency.

At approximately 4:00 a.m. on April 16, 2008, a massive avalanche destroyed approximately 1.5 miles of power transmission line and severely damaged five support towers of the Snettisham Hydroelectric Facility that provides the primary source of electric power to the citizens of Juneau. Current estimates indicate the hydroelectric power will not be restored for approximately three months. This disaster requires that 85 - 90% of Juneau’s power be generated by diesel generation until the power line can be repaired and power restored. Utility rates are expected to increase by four to five times the current levels. The financial impact to local households and businesses will be significant.

The City Manager issued a Declaration of Emergency dated April 17, 2008. The purpose of that declaration was to seek State assistance to provide financial relief to Juneau citizens and businesses impacted by this natural disaster.

This Resolution was adopted at the Special Assembly Meeting held on April 17, 2008. It is included in this agenda to provide additional notice and opportunity for the public to comment.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-875
Transferring $38,430 From Three Harbors Capital Improvement Projects To Be Closed, To Three On-Going Harbors Capital Improvement Projects, Funding Provided By Docks Funds, Harbors Funds, And Areawide Sales Tax.

Impact of Budget Action

This transfer closes three Docks and Harbors projects: (1) the Norway Point Float; (2) the Subport Marina Design/Permit; and (3) the Steamship Wharf/Cold Storage Dock Improvement projects. The unspent funds in these three projects consist of harbor and dock revenues and a small amount of sales tax. These unspent funds will be transferred to the Harbor Restrooms, the Downtown Cruise Ship Berth Enhancement, and the Intermediate Vessel Float stabilization project.

I recommend this transfer be approved.

4. Bid Awards

a. Bid Award E08-136
Juneau International Airport Terminal Renovation, Phase I

b. Bid Award E08-175
North Douglas Phase III, LID 95

VIII. PUBLIC HEARING

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 at harbor 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 appear under New Business below.

I recommend this ordinance be adopted.

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 adopted.

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.

Memorandum and Maps

Hill-Cristobal Correspondence

A memorandum from Dale Pernula, Community Development Director, and two supporting exhibits (maps of the area proposed for rezoning) are included in the packet.

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

I recommend this ordinance be adopted.

D. 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 were budgeted for specific purposes and not expended in the year ended June 30, 2007, back into the Marine Passenger Fee Fund. Of the total FY07 MPF funds, this ordinance would return $69,400 in unexpended Collaboration Juneau, Tourism Opinion Survey, and Crossing Guard funds.

I recommend this ordinance be adopted.

E. 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 adopted.

F. 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 include 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 adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor License Transfer

1) Stock Transfer – Restaurant Eating Place Licenses #188 & 1690 and Applications for Restaurant Designation Permits for licenses #188 & 1690

Bullwinkle’s Pizza Inc. d/b/a Bullwinkle’s Pizza
License #188 Location: 318 Willoughby Ave., Juneau
License #1690 Location: 9105 Mendenhall Mall Road (also includes a name change from Bullwinkle’s Pizza II)
Stock Transfer from William H. Adair to Mitchell Lee Falk (100% shares)

2) Transfer of Ownership – Package Store License #300
Location: 11735 Glacier Hwy.
From: Lilypen Enterprises, LLC d/b/a DeHart’s – Agent: Terry Hickok
To: DeHart’s LLC, d/b/a DeHart’s Grocery
Terry L. Hickok (60% shares) & Daniel D. Hickok (40% shares)

The above listed liquor license transfers are before the Assembly to either protest or waive its right to protest.

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 are copies of the notices received from the Alcohol Beverage Control (ABC) staff.

The Human Resources Committee met earlier this evening, Monday, April 21, 2008, and will report on its action.

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

B. Regulation Amending Commercial Passenger Vehicle.

Memorandum

The proposed regulations specify requirements for a new class of vehicles – Class C (human-powered) vehicles, and their drivers. The regulations also clarify procedures for imposing administrative sanctions, modify some vehicle standards, change the due date for certificate applications, and make a few other minor changes. The adoption of these amendments should not require any increased appropriations by the municipality.

C. Docks and Harbors Regulations -Parking Management

The Docks and Harbors Board is proposing to add a new section to the small boat and harbor and port facilities use regulations to address management of parking at all of the port and boat harbor facilities.

During the past two years, the Board reviewed the management of all parking lots and loading zones under its authority. Based on this review, the Board adopted a parking management plan that calls for the adoption of parking regulations that apply generally to all facilities. There are also regulations in place on specific parking and loading areas, permits, and fees. Those specific regulations, which are listed in subsection (c) of this regulation, will still apply. The purpose of this regulation is to set out, in one place, the general rules on parking management that apply to all port and harbor facilities.

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.

This is a companion action with Ordinance 2008-10 scheduled for public hearing at this meeting.

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

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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