ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, August 25, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-25

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition

IV. APPROVAL OF MINUTES

A. August 11, 2008 – Regular Meeting 2008-24

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 2008-26
An Ordinance Amending The Boundaries Limiting Motorized Vessel Use On Auke Lake.

Map

This ordinance would amend the boundaries previously recorded that limit motorized vessel use on Auke Lake. This ordinance reflects recommendations reached through collaborative neighborhood efforts to delineate agreed-upon boundaries using updated GPS field information pertaining to the Auke Lake Motorized Use Map. Amendments to the north and east motorized use boundaries have been drafted. At the mid-point of the north boundary, a break in the line is proposed. The break will cause the no-wake zone to extend approximately 620 feet further down the east shore. In addition, the floating walkways for the Auke Lake Trail have been installed in the 100’ buffer along the east shore, identified as a “no motorized use” area. To provide adequate separation of infrastructure and motorized wakes, the buffer is proposed to expand to 150’ in the southeast corner of the lake.

The Lands Committee, at its July 7, 2008 meeting, recommended this item be forwarded to the Assembly for approval.

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

b. Ordinance 2008-28
An Ordinance Amending The Woodsmoke Control Program Regarding Solid Fuel-Fired Burning Devices.

In September 2006, EPA finalized a new health standard for Fine Particulate Matter (PM2.5). In the Mendenhall Valley, some daily concentrations of PM2.5 have been within 85%-100% of the new health standard. Amending the CBJ wood smoke control program to protect against violations of the PM2.5 health standard has been recommended for consideration by the Alaska Department of Environmental Conservation (ADEC). In response, an amendment to Chapter 36.40, Solid Fuel-Fired Burning Devices, was presented to the Lands Committee in 2007. In general, the proposed amendments expand the focus of the CBJ wood smoke control program from PM10, to include PM2.5. The control program has successfully regulated PM10 violations since 1985.

The Lands Committee asked ADEC and CBJ staff to conduct public meetings to discuss the issue, and to present the proposed amendments. These meetings took place in June 2007. Several changes were made to the draft ordinance, including an exception for masonry heaters. The Lands Committee also requested that CBJ seek to obtain air quality monitoring in alternate valley locations for comparison with the Floyd Dryden monitoring data. Monitoring information was collected for a limited period at Dimond Park in March 2008. This data generally matched the pattern and trends of the Floyd Dryden site. In addition, ADEC performed a telephone survey of home heating practices in the Mendenhall Valley in mid-March (last performed in May 2004), which identified a 33% increase in the number of households reporting a woodstove and an 11% increase in the volume of wood consumed per household.

The Lands Committee, at its June 16, 2008 meeting, recommended this item be forwarded to the Assembly for approval.

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

c. Ordinance 2008-29
An Ordinance Authorizing The Manager To Negotiate And Execute A Lease With The State Of Alaska Of A Portion Of The Property Commonly Known As Telephone Hill; To Negotiate And Execute An Amendment To The Cooperative Use Agreement With The State Of Alaska Regarding The Property; And To Undertake The Steps Necessary For The City And Borough To Acquire Fee Simple Title To The Leased Property; All For The Purpose Of Facilitating The Construction And Operation Of A City And Borough Parking Garage And Transit Facility.

Exhibit A - Map

Staff from both the Manager’s Office and the Law Department have been engaged in discussions with representatives from the State of Alaska over the past ten months in an effort to negotiate a land use agreement for the purpose of constructing a new downtown transportation center. This ordinance, if adopted, would authorize the Manager to continue negotiations and execute a long-term lease for use of the property along with necessary changes to the existing cooperative use agreement. In addition, the Manager would initiate the process with the State to acquire permanent title to the leased property.

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

d. Ordinance 2008-15(J)
An Ordinance Appropriating To The Manager The Sum Of $11,876 As Partial Funding For Development Of A Juneau Historic Preservation Database, Grant Funding Provided By The State Of Alaska, Department Of Natural Resources.

Economic Impact Note

The Historic Preservation Database – Phase I, is the first unified effort between the Community Development Department (CDD) and the Juneau-Douglas City Museum (JDCM) to provide an on-line searchable database for CBJ. The proposed project would include the development of a web-based database that would house the combined records from CDD’s library of historic resource surveys with building-related archival material from the City Museum.

The work of the project will be performed through the combined efforts of the contracted consultant and the CBJ Webmaster, intern, and Project Manager. Total project costs are anticipated to be $19,793. Salaries from the City Museum, Library, and CDD operating budget will provide the 40% match requirement. Total project costs include a 10% State administrative surcharge.

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

e. Ordinance 2008-15(N)
An Ordinance Appropriating To The Manager The Sum Of $725,000 As Partial Funding For The Bartlett Regional Hospital Orthopedic Unit Capital Improvement Project, Funding Provided By The Bartlett Regional Hospital Operating Budget.

Economic Impact Note

This ordinance would appropriate $725,000 to partially fund the new Bartlett Regional Hospital Orthopedic Unit capital improvement project (CIP). Funding will be provided by the Bartlett Regional Hospital Capital Project budget, funded by operations.

The Bartlett Hospital Board recommended this appropriation at its July 22, 2008 meeting.

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

f. Ordinance 2008-15(O)
An Ordinance Appropriating To The Manager The Sum Of $1,503,577 As Partial Funding For The Thunder Mountain High School Capital Improvement Project, Funding Provided By 2006 General Obligation Bond Interest Income.

Economic Impact Note

This ordinance would appropriate unbudgeted School General Obligation Bond interest income to the Thunder Mountain High School CIP (454-83).

Funds would be provided by the following:

2006 GO School Bond Interest Income from the Thunder Mountain High School CIP (454-83)

As of June 30, 2008, the Thunder Mountain High School CIP fund had accrued $1,503,577 in unbudgeted General Obligation bond interest income. Although these funds have not been appropriated to the project, they are required to complete purchase of furniture, fixtures, and equipment (FF&E) and to maintain prudent contingencies as the project nears completion.

The Final Design Report for the New High School in the Mendenhall Valley, dated January 2006, included a budget that assumed use of all interest from within the high school project. This Final Design Report was approved by the Project Team on January 26, 2006.

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

g. Ordinance 2008-15(P)
An Ordinance Appropriating To The Manager The Sum Of $1,719,269 As Funding For The Replacement Of Buses And Vans For Capital Transit And Care-A-Van, Grant Funding Provided By Alaska Department Of Transportation And Public Facilities, And By Fleet Fund Balance.

Economic Impact Note

This ordinance would appropriate $1,719,269 for the replacement of buses and vans for Capital Transit and Care-A-Van. Grant funding in the amount of $1,547,432 is provided by the Alaska Department of Transportation and Public Facilities. The remaining $171,837 will be funded from Fleet Fund Balance.

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

h. Ordinance 2008-15(Q)
An Ordinance Appropriating To The Manager The Sum Of $148,764 As Funding For Youth Forest And Trails Training Program, Grant Funding Provided By The Federal Secure Rural Schools And Self Determination Act Of 2000 Title III Funds.

This ordinance would appropriate $148,764 of Title III, National Forest Timber Receipts, Secure Rural Schools and Community Self-Determination Act of 2000, Public Law 106-393.

The proposal addresses a need for forest education within the CBJ, while also providing opportunities to enhance the recreational experiences of Juneau’s forest and trail users. The project would be administered by Trail Mix, in cooperation with CBJ Parks and Recreation Department.

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

2. Resolutions

a. Resolution 2446
A Resolution Regarding Amendments To The Bylaws Of The Board Of Directors Of Bartlett Regional Hospital
.

BRH Bylaws

This resolution would approve the draft bylaws. CBJ Code provides that the Assembly approve, reject, or modify bylaws for the Bartlett Regional Hospital Board. The Board has made changes to its bylaws consistent with CBJ ordinance.

I recommend this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2008-23
An Ordinance Authorizing The City And Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $1,680,000 To Finance Construction Of A Covered Play Area At Dzantik’i Heeni Middle School, And Submitting A Proposition To The Voters At The Election To Be Held Therein On October 7, 2008.

This ordinance would authorize placing on the October 7, 2008 general election ballot, the question of issuing $1,680,000 in 10-year General Obligation (GO) bonds for the purpose of designing and constructing a covered play area at Dzantik’i Heeni Middle School. The project design proposes a 60’ x 100’ covered play area, translucent roofing, concrete slab on grade, and lighting.

This project qualifies for 70% State reimbursement under the State’s School Construction Bond Debt Reimbursement Program. 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 costs after State reimbursement, assuming an interest rate of 4.4%, will be $65,000. This amount of debt service would require an annual property tax levy of approximately $2.00 per $100,000 of assessed value.

I recommend this ordinance be adopted.

B. Ordinance 2008-24
An Ordinance Providing For The Issuance And Sale Of Short Term Notes Of The City And Borough In The Aggregate Principal Amount Of Not To Exceed $5,300,000 For The Purpose Of Providing Interim Financing For The Public Works Combined Shop Project.

This ordinance would authorize borrowing $5.3 million in short-term notes to provide partial funding for the construction of the Public Works Combined Shop Facility. The notes will be repaid from the 1% temporary sales tax levy approved by the voters. The notes will be for a period that will not extend beyond June 30, 2010.

This financing approach was presented and approved by the Assembly as part of the proposed timing plan for completing the package of capital improvement projects funded with the 1% temporary sales tax levy.

The actual amount to be borrowed will depend upon the cash flow needs of the project, and may be substantially less than this authorization.

I recommend this ordinance be adopted.

C. Ordinance 2008-15(E)
An Ordinance Appropriating To The Manager The Sum Of $2,800,000 As Partial Funding For The Airport Terminal Expansion Capital Improvement Project, And For Replacement Of The Commercial Passenger Vessel Dock Retaining Wall, Grant Funding Provided By The Alaska Department Of Commerce, Community And Economic Development.

Economic Impact Note

This ordinance would appropriate a $2.8 million grant from the Alaska Department of Commerce, Community and Economic Development. Of this total amount, $1.3 million will be used for the Airport Terminal Expansion Project (baggage area and facility improvements) and $1.5 million is for replacement of the commercial passenger vessel dock retaining wall in the area of the Mt. Roberts Tram.

I recommend this ordinance be adopted.

D. Ordinance 2008-15(H)
An Ordinance Appropriating To The Manager The Sum Of $50,000 As Partial Funding For Development And Implementation Of Stormwater Management Standards And Guidelines, Grant Funding Provided By The United States Fish And Wildlife Service.

Economic Impact Note

This ordinance would appropriate $50,000 of a U.S. Fish and Wildlife Service (USFWS) grant for the purpose of creating a technical manual for stormwater management and to develop an ordinance to implement the manual in planning and design practice.

The funding will be used to hire a consultant to perform the scientific and technical analysis necessary to develop the standards and guidelines, write the technical manual, and guide the CBJ through the process of public participation and implementation. The funding will also support CBJ staff time.

This USFWS grant does not require an additional match.

The Public Works and Facilities Committee recommended this appropriation at its May 19, 2008 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2008-15(I)
An Ordinance Appropriating To The Manager The Sum Of $7,500 As Partial Funding For The Local Emergency Planning Committee Program, Grant Funding Provided By State Of Alaska Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate $7,500 for the Local Emergency Planning Committee (LEPC) program. Grant funding is provided by the State of Alaska, Department of Military and Veterans Affairs.

There is no match required for this grant. These funds will be used to fund travel for LEPC members and the coordinator to LEPC meetings and to further the goals of the LEPC in Juneau. Last year the LEPC purchased display racks for preparedness materials to increase community awareness of things they could do to increase their personal preparedness.

The LEPC meets on a monthly basis and will have further discussion at the next meeting regarding the most effective way to expend these funds.

I recommend this ordinance be adopted.

F. Ordinance 2008-15(K)
An Ordinance Appropriating To The Manager The Sum Of $33,900 As Partial Funding For The Eaglecrest Beginner Chairlift Capital Improvement Project, Funding Provided By Private Donations.

Economic Impact Note

This ordinance would appropriate $33,900 for the Eaglecrest Beginner Chairlift Capital Improvement Project (CIP). Funding is provided by private donations raised through community fundraising

Over $200,000 has been raised through community fundraising to support construction of both the mid-mountain chairlift and the beginner chairlift at Eaglecrest. A previous ordinance appropriated funds to the mid-mountain chairlift. A total of $33,900 remains to be appropriated to the beginner chairlift.

I recommend this ordinance be adopted.


G. Ordinance 2008-15(L)
An Ordinance Appropriating To The Manager The Sum Of $60,000 As Funding For The Repair Of Fuel Tank Plumbing At The Mendenhall Wastewater Treatment Plant, Funding Provided By Sewer Funds In The Fuel Tank Replacement And Site Cleanup Capital Improvement Project.

Economic Impact Note

This ordinance would appropriate $60,000 for repair of the fuel tank plumbing at the Mendenhall Wastewater Treatment Plant. This appropriation will close out the Fuel Tank Replacement and Site Cleanup capital improvement project, returning the funds to the Sewer Fund.

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

I recommend this ordinance be adopted.

H. Ordinance 2008-15(M)(b)
An Ordinance Appropriating To The Manager The Sum Of $500,000 As Funding For The Sculpture Of A Bronze Whale, Funding Provided By The Sales Tax Budget Reserve
.

Whale Committee Information

This ordinance would appropriate $500,000 for the sculpture of a bronze whale; funding would be provided by the Sales Tax Budget Reserve. The money would be made available to the Whale Committee, a group of private citizens that have formed to fundraise for construction of the sculpture. The independent Whale Committee has provided a packet of information (including projected financial information) and a brochure describing the project. These funds would be a source for other matching grants and would be used to start the bronze sculpting and casting process.

As this is a policy decision, I have no recommendation.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses

1) Ownership Transfer of Beverage Dispensary Tourism License #175
Transfer From: Q Enterprise Inc. d/b/a Breakwater Inn Restaurant & Lounge
Transfer To: Q Enterprise Inc. d/b/a Breakwater Inn Restaurant & Lounge
President Robin Young
Location: 1711 Glacier Avenue, Juneau, AK 99801

The above listed liquor license transfer is before the Assembly to either protest or waive its right to protest this transfer.

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 notice of transfer and permit applications received from the Alcohol Beverage Control (ABC) staff.

The Human Resources Committee met earlier this evening, Monday, August 25, 2008 and will report on its recommendation with regard to this liquor license action.

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

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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