ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, September 29, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-30

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition – Joan Roberts
B. Energy Assistance Program Summary

IV. APPROVAL OF MINUTES

A. September 8, 2008 – Regular Meeting 2008-27
B. September 15, 2008 – Special Meeting 2008-28
C. September 24, 2008 – Special Meeting 2008-29

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 2008-25
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of Alaska Tidelands Survey No. 1324, Commonly Known As Fisherman’s Bend, For The Purpose Of Waterfront Commercial Activities.

Memo                                     Map                                 Lands Minutes

In 1987, the State of Alaska entered into a lease with Sharon and Troy Andrew d/b/a Andrew Enterprises for a 20-year lease of ATS 1324, a 7.15-acre tideland parcel located in Auke Bay known as Fisherman’s Bend. In 2001, the State conveyed ATS 1324 to the City and Borough of Juneau (CBJ), and transferred the administration of the lease to the CBJ. That lease expired on January 2, 2007.

Since January 2007, the Docks and Harbors Board has been working with the Andrews to establish a new lease with CBJ. Both the Andrews and the Docks and Harbors Board had appraisals conducted.

At its July 31, 2008 meeting, the Docks and Harbors Board recommended approval of the lease of ATS 1324 to Andrew’s Marina, Inc., (the successor to Andrew Enterprises). The term of the lease would be 35 years, with the annual lease rent set at $35,800.00, which is the rate recommended by Charles Horan in his June 25, 2008 appraisal conducted for the Board. The annual rent will be reviewed and adjusted once every five years of the lease term.

The Assembly Lands Committee recommended approval of this ordinance at its meeting on August 18, 2008.

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

b. Ordinance 2008-32
An Ordinance Amending The Real And Personal Property Tax Code To Increase The Business Personal Property Tax Exemption For Property Not Otherwise Exempt.

Memo

This ordinance would increase the Business Personal Property (BPP) Tax standard exemption from the current $60,000 to $80,000 effective January 1, 2009 and to $100,000 effective January 1, 2010. Increasing the exemption by $40,000 over the next two years would result in a reduction of assessed BPP values of approximately $10.7 million or $111,500 in property taxes (based on the 2008 mill levy).

An exemption increase that takes effect tax year 2009 requires a code amendment that in effect prior to January 1, 2009. The Assembly Finance Committee recommended approval of this ordinance at its September 10, 2008 meeting.

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

c. Ordinance 2008-15(R)
An Ordinance Appropriating To The Manager The Sum Of $1,076,443 As Funding For The Downtown Parking Garage Capital Improvement Project, Grant Funding Provided By The Federal Transit Administration.

Economic Impact Note

This ordinance would appropriate a grant of $1,076,043 from the Federal Transit Authority. This grant will partially fund the Downtown Transportation Center Capital Improvement Project.

The Public Works and Facilities Committee recommended approval of this ordinance at its meeting on September 22, 2008.

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

d. Ordinance 2008-15(T)
An Ordinance Appropriating To The Manager The Sum Of $125,000 As Partial Funding For The Fish Creek Park Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate a grant of $125,000 from Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation, via the Land and Water Conservation Fund. This grant will partially fund the Fish Creek Park Capital Improvement Project.

The grant provides for the installation of a pedestrian bridge across Fish Creek for ADA access and trail enhancement. The bridge installation utilizes the parking lot and enables safe access for users to avoid having to park along Douglas Highway.

This grant requires a 50% match. The matching funds will be provided by 1998 Proposition 3 1% Temporary Sales Tax and in-kind services.

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

e. Ordinance 2008-15(U)
An Ordinance Appropriating To The Manager The Sum Of $55,000 As Partial Funding For An Avalanche Planning Response And Forecasting Program, Funding Provided By The Roaded Service Area Fund Balance.

This ordinance would appropriate $55,000 from the Roaded Service Area Fund Balance for the purpose of funding an avalanche planning response and forecasting program. The total program costs for FY09 are projected at $110,000. Additional funding will be provided by a State Emergency Management Planning Grant, and Federal Secure Rural Schools and Community Self-Determination Act of 2000 Title III funds.

The Assembly Finance Committee reviewed the proposed program and funding at its September 10, 2008 meeting and recommended that the Assembly authorize a new position of Avalanche Forecaster, and make available $55,000 in general funds for the position along with an avalanche monitoring and response program.

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

2. Resolutions

a. Resolution 2450
A Resolution Authorizing The Port Director To Convey An Easement Across A Fraction Of Alaska Tidelands Survey No. 3, To Juneau I, LLC, For Constructing And Maintaining A Storm Drainage Line Serving The Building Occupied By The Alaska Department Of Labor.

Exhibit A

The Docks and Harbors Department received a request for an easement through a portion of CBJ tidelands to allow the installation of roof drains from the State Department of Labor Building near the Douglas Bridge. The storm drain runs from the building onto CBJ tidelands known as ATS 3. This easement allows the owners of the building to install and maintain the drain on CBJ tidelands.

The Docks and Harbor Board reviewed and approved this easement at its June 26, 2008 meeting. The Planning Commission approved the easement at its September 9, 2008 meeting.

I recommend this resolution be adopted.

b. Resolution 2451
A Resolution Approving The 2008 Transit Development Plan, And Coordinated Human Services Plan, To Provide Guidance For The Management Of Capital Transit And Transit Service Improvements For The City And Borough
.

In 2007, the CBJ retained Moore & Associates, a transit-consulting firm, to work with the CBJ to prepare a new, updated Transit Development Plan and Coordinated Human Services Plan for public transportation.

The Community Development Department and Capital Transit worked with Moore & Associates for approximately one year to develop these plans through a process that included extensive community outreach. The plans provide guidance for the management of Capital Transit and transit service improvements.

The Planning Commission reviewed these plans at its meeting on August 26, 2008, and recommended Assembly approval. The Assembly Committee of the Whole reviewed the plans at its meeting on September 8, 2008, and recommended Assembly approval.

I recommend this resolution be adopted.

c. Resolution 2453
A Resolution Affirming The City And Borough Support Of, And Partnership With, The 2010 Census.

The U.S. Census Bureau is preparing for Census 2010, the decennial census conducted primarily to determine representation in the U.S. Congress. The data are also used to determine the distribution of over $300 billion federal dollars annually, as well as to distribute various sources of state funds.
During Census 2000, Alaska had the lowest rate of return of census forms of all fifty states. When a form is not returned, the Census Bureau must recruit, hire, train, and send an employee to each household that did not respond to the initial mailing.

This resolution expresses support for the work of the U.S. Bureau of the Census to gain a complete and accurate count within the CBJ, and appeals to local organizations and groups to partner together to achieve an accurate and complete count.

I recommend this resolution be adopted.

d. Resolution 2454
A Resolution Authorizing The Manager To Submit To The Alaska Energy Authority An Application For A Grant For Partial Funding For The Design And Construction Of A Ground Source Heat Pump System At The Dimond Park Aquatic Center
.

This resolution would authorize the Manager to submit a grant request for $1,450,000 to the Alaska Energy Authority to support construction of a ground source heat pump system at the Dimond Park Aquatic Center. The ground source heat pump system is estimated to save the City between $160,000 and $190,000 annually in energy expenses when compared to conventional oil or electric heat systems. CBJ has also submitted a grant request to the Rasmuson Foundation for the balance of the ground source heat pump system cost.

The Public Works and Facilities Committee heard this topic at its meeting on September 22, 2008, and recommended Assembly approval.

I recommend this resolution be adopted.

e. Resolution 2455
A Resolution Confirming The Final Principal Amounts And Interest Rates Of The General Obligation Bonds, 2008C Authorized By Ordinance Serial No. 2008-22.

This resolution will confirm the final principal amounts and interest rates for the general obligation mini bonds sold directly to local residents September 10 through September 24, 2008. This offering is part of the $19.8 million in General Obligation bonds for a Swimming Pool Facility in Dimond Park approved by the voters on October 2, 2007. CBJ offered to local residents a total of $4 million in General Obligation school bonds. The bonds were offered in increments of $1,000 with maturities from 1 to 15 years. The final interest rates ranged from 2.20% for the one-year maturity to 4.55% for the 15-year maturity.

I recommend this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2008-30
An Ordinance Adopting The 2008 Update To The Comprehensive Plan Of The City And Borough Of Juneau.

The Draft 2008 Comprehensive Plan is the result of more than two years of community outreach, fieldwork and public meetings. Extensive community outreach and involvement at the early stages of the planning process, the Housing Situation Report, and the buildable sites analysis, combine to form a solid foundation of public opinion and existing conditions upon which the draft plan was built.

Although there are numerous changes to the draft plan as compared to the 1995 Comprehensive Plan, there are four major themes to the substantial changes: Sustainability (Chapter 2), Energy (Chapter 6), Housing (Chapter 4), and Transit Oriented Development (Chapters 8 & 10).

The Planning Commission held a public hearing on the Draft Plan on August 12, 2008 and recommended Assembly approval. The Assembly Committee of the Whole reviewed the Plan on September 2, 2008, September 11, 2008, and September 24, 2008 and also recommended Assembly approval.

I recommend this ordinance be adopted.

B. Ordinance 2008-15(S)(b)
An Ordinance Appropriating To The Manager The Sum Of $79,986 As Partial Funding For The Emergency Management Program And Avalanche Forecasting, Grant Funding Provided By The Department Of Military And Veteran’s Affairs.

This ordinance would appropriate $79,986 for the Emergency Management Programs Grant. These grant funds are a 50% match federally designated to support the functions of local emergency management programs. The funds to be appropriated will reimburse the CBJ for 50% of the cost of salaries associated with emergency management activities including the salaries for CBJ staff working on avalanche forecasting, disaster preparedness education, and emergency plan revisions.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Regulations - Docks and Harbors Lease Administration

Memo

This proposed regulation adopts a new chapter in the Docks and Harbors regulations on the administration of leases issued by the Docks and Harbors Department. Leases under the administration of Docks and Harbors are governed by the CBJ Leasing Code (CBJ 53.20) and CBJ 85.02.060, which sets out the general powers of the Docks and Harbors Board.

The regulation establishes procedures for the administration of Docks and Harbors leases, which are consistent with the CBJ Leasing Code and the Board’s leasing authority. It includes requirements pertaining to lease applications, deposits, lease rent payments, appraisals, and appraisal standards.

The Docks and Harbors Board adopted this regulation at its August 28, 2008 meeting after incorporating feedback from two public hearings. The regulation was posted for 21 days, and also emailed to appraisers statewide. Two comments were received and considered by the Board. The Board incorporated some of the comments in the final version of the regulation.

The regulation does not require an increased appropriation of general funds by the municipality.

CBJ 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 amend the regulation.

Unless the Assembly directs otherwise, the Docks and Harbors Department will issue the regulations with an effective date seven days after filing with the City Clerk.

B. Request to Alaska Department of Transportation - West Douglas Highway Extension

Goldbelt Letter                         Map                            Draft Letter to ADOTPF

CBJ has received recent correspondence and had discussions with the Alaska Department of Transportation and Public Facilities (ADOT/PF) and Goldbelt, Inc., regarding the Gastineau Channel Dredge Project, which is not anticipated to move forward or go to bid. The situation provides CBJ the opportunity to request that project funds identified for the Gastineau Channel Dredge Project be redirected to development of road infrastructure. Goldbelt, Inc. has expressed interest in moving forward with a new road alignment for W. Douglas Highway and construction of a pioneer road extension. The Lands Committee passed a motion at the September 22, 2008 meeting to forward a draft letter (included in your packet) of request to the Assembly, with a positive recommendation to redirect funding from the dredge project to a pioneer road extension of W. Douglas Highway. Upon approval of the Assembly by motion, the draft letter will be sent to ADOT/PF to initialize this request.

C. Van Dort v Planning Commission

On August 12, 2008, the Planning Commission approved a Preliminary Plat subdividing one lot into a 10-lot remote subdivision at Hilda Cove, SUB2008-00007 and imposed two conditions. Per the Notice of Appeal dated September 1, 2008, Jan Van Dort is appealing Condition One. The Notice of Appeal and the Notice of Decision are included in the packet.

The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.

(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

Mr. Van Dort has been advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

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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