ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Friday, December 19, 2008, Noon
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-37

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. December 8, 2008 – Regular Meeting 2008-36

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 2008-15 (AL)
An Ordinance Appropriating To The Manager The Sum Of $2,314,944 As Partial Funding For The Bartlett 2005 Capital Improvement Project, Funding Provided By Bartlett Regional Hospital Fund Balance.

Economic Impact Note

This ordinance would appropriate $2,314,944 for the Bartlett 2005 Capital Improvement Project (CIP). Funding is provided by Bartlett Regional Hospital’s (BRH) Fund Balance.

This appropriation would provide the necessary funding for completion of the capital improvement project. After this appropriation, BRH’s estimated fund balance at the end of FY09 will be $11,218,436.

The BRH board recommended this appropriation at its October 28, 2008 meeting.

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

b. Ordinance 2008-15 (AM)
An Ordinance Appropriating To The Manager The Sum Of $1,000 As Partial Funding For The Purchase Of Artworks For The Juneau-Douglas City Museum, Grant Funding Provided By Museums Alaska, Incorporated.

Economic Impact Note

This ordinance would appropriate $1,000 toward the purchase of artwork for the Juneau-Douglas city museum. Funding is provided by a grant from Museum Artworks, Incorporated.

Purchases totaling $11,000 were included in the Museum’s FY09 budget in anticipation of this grant. Two grants were actually received, $11,525 and $475. This ordinance would appropriate the additional $1,000 received over budget. There is no match required for this grant.

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

VIII. PUBLIC HEARING

A. Ordinance 2008-37
An Ordinance Authorizing The Manager To Execute A Lease Of The Mayflower Building And Grounds To The Juneau Montessori Center, Inc., To Include Expansion Of The Playground And Use Of The Adjoining CBJ Parking Lot.

Map

The Juneau Montessori School, a nonprofit organization, has submitted a proposal for an outdoor classroom extension and playground expansion at the Mayflower Building location. The on-site parking area, within the lease boundary, would be redeveloped as an expanded playground and learning area. Parking and drop-off circulation would be accommodated in the adjacent CBJ parking lot. The Parks and Recreation Advisory Committee (PRAC) reviewed the proposed request and determined that the subject parking lot is under-utilized during weekday hours and that Montessori use would not conflict with Savikko park operations.

At the October 27, 2008 meeting, the Lands Committee adopted a motion of support for an ordinance that: 1) finds that the playground expansion and use of the adjoining CBJ parking lot is substantially equivalent to the current situation, continuing the preference privelege; 2) authorizes the manager to execute a lease of the Mayflower Building, incorporating the conditions and terms of Ordinance 99-23am, and current content and form requirements; and 3) maintains the current rental rate of $2,000 per month with provision for adjustment.

I recommend this ordinance be adopted.

B. Ordinance 2008-38
An Ordinance Amending The Sales Tax Code To Exempt Transactions Between Related-Party Businesses.

Proposed Version B                City Attorney Memo

This ordinance would exempt from sales tax, retail sales, rentals of real and tangible personal property, and services between entities having identical legal composition. Identical legal composition is defined as:

• Entities that are owned by the same persons and each of which own at least five percent,
• Entities that are owned by the same persons in the same percentage,
• A wholly-owned subsidiary or a parent corporation, or
• A trust where the beneficiaries are the same.

The Finance Department lacks sufficient information at this time to determine the fiscal impact of expanding this exemption. The current related-party exemption, which includes only real property leases, exempts approximately $212,000 in sales tax per year on lease payments.

The Assembly Finance Committee, at its meeting on November 19, 2008, recommended that this ordinance be forwarded to the Assembly for adoption.

I recommend this ordinance be adopted.

C. Ordinance 2008-40
An Ordinance Amending The Sales Tax Code To Exempt Federally Recognized Tribes From Sales Tax With The Exception Of The Sales Of Pull-Tab Games.

IRS Memo               Tlingit-Haida Memo              Law Memo

The Central Council of Tlingit-Haida Indian Tribes of Alaska (CCTHITA) has requested exemption from paying sales tax due to its status as a federally recognized Indian tribe. Section 69.05.040(13) of the Sales Tax Code exempts the state, municipalities, and Rural Education Attendance Areas from sales tax, with the exception of the sales of pull-tab games by municipalities. Ordinance 2008-40 would amend exemption (13) to include federally recognized tribes as exempt, with the exception of sales of pull-tab games. This change would treat tribes the same as the state and municipalities for sales tax purposes. It would also be consistent with how the federal government treats tribes, including CCHITA, for purposes of income tax.

Under the Internal Revenue Code, tribal governments are treated like states and local governments for income tax purposes and are not subject to federal income tax. The reasoning for that treatment applies here as well: tribal governments, like state and local governments, provide much needed services to the public within their jurisdiction and should be permitted to devote their limited resources to that end. A memo in your packet from the Law Department discusses this ordinance in more detail.

The Assembly Finance Committee recommended adoption of this ordinance at its meeting on November 19, 2008

I recommend this ordinance be adopted.

D. Ordinance 2008-15(AI)

Economic Impact Note

An Ordinance Appropriating To The Manager The Sum Of $1,342,351 As Funding For The North Douglas Sewer Capital Improvement Project, Grant Funding Provided By Alaska Department of Environmental Conservation Municipal Matching Grant.

This ordinance would appropriate $1,342,351 for the North Douglas Sewer Capital Improvement Project (CIP), funding provided by an Alaska Department of Environmental Conservation Municipal Matching Grant.

This grant provides funding for the continued expansion of CBJ’s wastewater collection infrastructure. The North Douglas Sewer CIP currently has two phases under construction and a third phase approaching the 95% design phase.

The Public Works and Facilities Committee recommended adoption of this ordinance at its November 10, 2008 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2008-15(AJ)
An Ordinance Appropriating To The Manager The Sum Of $1,196,755 As Funding For The West Mendenhall Valley Sewer Expansion Capital Improvement Project, Grant Funding Provided By Alaska Department of Environmental Conservation Municipal Matching Grant.

Economic Impact Note

This ordinance would appropriate $1,196,755 for the West Mendenhall Valley Sewer Expansion Capital Improvement Program (CIP), funding provided by an Alaska Department of Environmental Conservation Municipal Matching Grant.

This grant provides funding for continued expansion of CBJ’s wastewater collection infrastructure. Construction is in progress on the trunk line on the West Mendenhall Valley Sewer expansion. The survey is in progress on the Pedersen Hill phase of this project, and these funds will be placed in that CIP.

The Public Works and Facilities Committee recommended adoption of this ordinance at its November 10, 2008 meeting.

I recommend this ordinance be adopted.

F. Ordinance 2008-15(AK)
An Ordinance Appropriating To The Manager The Sum Of $1,000,000 As Partial Funding For The Replacement Of The City And Borough Of Juneau’s Core Financial System, Funding Provided By Lease Proceeds.

Economic Impact Note

This ordinance would provide an additional $1 million in funding for the core software replacement CIP, PRISM (Providing Reliable Information Systems
Management) project. The seven-year lease for the additional $1 million will result in annual lease payments of approximately $170,000. The actual interest cost and total lease amount will be determined at the time of leasing.

This funding recommendation was reviewed and approved by the Assembly Finance Committee at its November 19, 2008 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Docks and Harbors Contract Approval - CBJ Cruise Ship Uplands Operations Study Contract Approval

PND Proposal                 PND Backup

CBJ Ordinance Title 85 requires the Docks and Harbors Board to obtain Assembly approval of any contract greater than $100,000. The Docks and Harbors Board is asking the Assembly to approve a contract with PND Engineers, Inc. (PND) in the amount not to exceed $123,184.90 for a study of the upland operations at CBJ’s cruise ship docks. The study is funded under the Downtown Cruise Ship Berth Enhancement Capital Improvement Project (CIP).

The Docks and Harbors Board is undertaking this study to identify measures for reducing vehicle and pedestrian congestion at the cruise ship dock uplands and adjacent areas and to improve the efficiency of operations in these areas. The Board solicited proposals for this study from professional consultants in late summer of this year. Although several firms expressed interest, only PND submitted a proposal. The PND proposal includes a consulting team of PND; Kittelson and Associates; Jensen, Yorba, Lott; and the McDowell Group. The Board approved award of the contract at its December 4, 2008 meeting.

XI. STAFF REPORTS

A. Capital Project List

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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