ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday April 6, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-08

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Eaglecrest Employee Recognition
B. Volunteer Month - Proclamation

IV. APPROVAL OF MINUTES

A. March 10, 2009 – Special Assembly Meeting 2009-05
B. March 16, 2009 – Regular Assembly Meeting 2009-06
C. March 25, 2009 – Special Assembly Meeting 2009-07

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 2009-07
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of Alaska Tidelands Survey 18, Lot 2, And A Lease Of Alaska Tidelands Survey 18, Lot 3, Located On Channel Drive, For Waterfront Related Uses.

Exhibit A

This ordinance would authorize the Port Director to renew two tideland leases with DJG Development for parcels known as Lots 2 and 3 of Alaska Tideland Survey 18. The parcels are located along Gastineau Channel at the old Channel Marina site.

If adopted, the ordinance would renew the leases for a term of 35 years. The lease rent would be set at the $0.15 per square foot, the rate recommended in the most recent market rent appraisal for this area.

DJG requested that CBJ renew the leases prior to their scheduled renewal date as part of an easement agreement with CBJ for the North Douglas sewer project.

The Docks and Harbors Board reviewed this matter at its March 26, 2009 meeting and recommended the Assembly approve the renewals. The Assembly Lands Committee also reviewed this matter at its March 23, 2009 meeting and recommended Assembly approval.

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

b. Ordinance 2008-15(BC)
An Ordinance Appropriating To The Manager The Sum Of $1,450,000 As Partial Funding For Construction Of A Ground Source Heat Pump System For The Dimond Park Aquatic Center, Grant Funding Provided By The Alaska Energy Authority.

Economic Impact Note

This ordinance would appropriate a $1,450,000 Alaska Energy Authority grant to the Dimond Park Aquatic Center Capital Improvement Project (CIP) for the construction of a ground source heat pump system.

On February 2, 2009, the Assembly adopted Ordinance 2008-15(AT), which appropriated $2,000,000 from the Temporary 1% Sales Tax to the Sustainability Fund. Ordinance 2009-03, also adopted on February 2, 2009 authorized this $2,000,000 to be provided as a loan from the Sustainability Fund to the Dimond Park Aquatic Center CIP for construction of the ground source heat pump system.

If Ordinance 2008-15(BC), appropriating the AEA grant is adopted, a resolution to de-appropriate $2,000,000 from the Project and return the funds to the Sustainability Fund will be presented (Resolution 2464), as well as a concurrent resolution (Resolution 2465) to de-appropriate the $2,000,000 from the Sustainability Fund and deposit that amount to the Sales Tax Budget Reserve. These resolutions will be scheduled for the Assembly meeting on April 27, when this ordinance is on the agenda for public hearing.

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

c. Ordinance 2008-15(BD)
An Ordinance Appropriating To The Manager The Sum Of $27,500 As Funding To Catholic Community Services For Transportation Services To The Reifenstein Dialysis Center, Funding Provided By The Sales Tax Budget Reserve
.

Memorandum

This ordinance would appropriate $27,500 to the Manager as funding to Catholic Community Services for transportation services to the Reifenstein Dialysis Center. Funding is provided by the Sales Tax Budget Reserve.

These funds will be used by Catholic Community Services to provide prompt and convenient service to persons accessing treatment at the Dialysis Center as described in the proposal letter, included in your packet.

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

d. Ordinance 2008-15(BE)
An Ordinance Appropriating To The Manager The Sum Of $390,000 As Partial Funding For The Streets Department’s Fiscal Year 2009 Operating Budget, Funding Provided By The Roaded Service Area Fund Balance.

Economic Impact Note

This ordinance would appropriate $390,000 for the Streets Department’s Fiscal Year 2009 Operating Budget. Funding will be provided by the Roaded Service Area Fund Balance.

The Public Works Department is anticipating a $390,000 shortfall in the current fiscal year operating budget due to record snowfalls resulting in increased costs in personnel, contractual services, fuel usage, equipment repairs and road chemicals. In addition, the February avalanche resulted in increased electrical costs for the one month of increased rates to run streetlights. Finally, pavement repairs in the spring are expected to be considerable as freeze/thaw cycles and flooding have injured pavements significantly and will need more repairs than usual.

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

e. Ordinance 2008-15(BF)
An Ordinance Appropriating To The Manager The Sum Of $4,304 As Reimbursement For Staff Continuing Education Training Costs, And To Adjust The Public Library Assistance And Netlender Reimbursement Grant For The Actual Amounts Received, Grant Funding Provided By The State Of Alaska Department Of Education And Early Development.

Economic Impact Note

This ordinance would appropriate $4,304 from the Department of Education and Early Development. These funds consist of the following:

1. The Public Library Assistance grant will be adjusted upward from a budgeted $17,500 to the amount received of $19,050, an increase of $1,550; and,

2. The Continuing Education grant reimburses actual training costs for three library staff for up to $1,000 each. This increases the library grants budget by $3,000.

3. The Net Lender grant reimburses the library for materials loaned to other Alaska libraries during the 2008 calendar year. This adjusts the appropriated amount of $1,500 downward to the amount received of $1,254, a decrease of $246.

A summary of the Library FY09 Grant budget as adjusted by this ordinance is shown in the table below.

ADJUSTMENTS TO LIBRARY GRANTS
Grant FY09 Budget Increase (Decrease) Revised FY09 Budget
Public Library Assistance $17,500 1,550 $19,050
Continuing Education - 0 - 3,000 3,000
Net Lender 1,500 (246) 1,254
TOTAL $19,000 $4,304 $23,304

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

f. Ordinance 2008-15(BG)
An Ordinance Appropriating To The Manager The Sum Of $70,921 As Partial Funding For The Juneau Douglas High School Renovation Capital Improvement Project, Funding Provided By 2004 General Obligation Bond Interest Income.

Economic Impact Note

This ordinance would appropriate $70,921 in unbudgeted 2004B General Obligation Bond interest income accrued in the Juneau Douglas High School Renovation Phase II Capital Improvement Project.

These funds are required, in part, to fund professional design, bidding, and construction administration services for the completion of OSHA-mandated renovations to the two woodshop dust collectors and related ventilation systems. Additional transfers and appropriations will be required to complete the renovation, but this appropriation will allow mechanical and electrical consultants to begin work.

This appropriation was approved by the School District Facilities Committee at its meeting of March 5, 2009.

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

g. Ordinance 2009-08
An Ordinance Appropriating Funds From The Treasury For FY10 City And Borough Operations

This ordinance would appropriate the City and Borough of Juneau’s FY10 operating budget, excluding the School District. The Charter requires that a public hearing be held on the FY10 operating budget by May 1, 2009, and adopted by June 15, 2009.

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

h. Ordinance 2009-09
An Ordinance Appropriating Funds From Of The Treasury For FY10 School District Operations

This ordinance will appropriate to the School District an FY10 operating budget of $87,417,400. The School District’s operating budget is.

• General Operations $70,892,400
• Special Revenue (pupil transportation, food service, etc. 5,442,100
• Other Operations (student activities, debt service, grants, etc. 11,082,900
Total Budget $84,417,400

The FY10 school budget is supported with a combination of funding sources that includes local funding of $25,480,000. This consists of $24,671,000 for general operations, $565,000 for student activities ($200,000 is coming from the 1% sales tax), $35,000 for transportation of homeless students, $74,000 for Activity Buses and $135,000 for Community Schools. The $24,671,000 in general operating support is the maximum amount allowed under the State’s Education Foundation Funding Formula.

State Statute requires the Assembly to determine the total amount of local educational funding support to be provided, and the provide notification of the support to the School Board within 30 days of the School District’s budget submission. To meet this timing provision, it is necessary for the Assembly to determine the amount of funding and provide notice in the month of April. This amount cannot subsequently be reduced, unless the amount exceeds the State funding CAP, but it can be increased. If the Assembly does not set the amount and furnish the School Board with notice within 30 days, the amount requested by the School District is automatically approved. By Charter, the Assembly is required to appropriate the School District’s budget no later than May 31, 2009.

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

i. Ordinance 2009-10
An Ordinance Establishing The Rate Of Levy For Property Taxes For Calendar Year 2009 For The Budget For Fiscal Year 2010.

This ordinance establishes the mill rates for property taxes for 2009, which funds the City and Borough of Juneau’s FY10 operating budget. The Charter requires the assembly to adopt, by ordinance, the tax levies necessary to fund the budget before June 15.

The mill levies presented in this ordinance support the Manager’s FY10 Proposed Budget that is currently being reviewed by the Assembly Finance Committee. As part of the budget review process, the Assembly Finance Committee will review and recommend, to the Assembly, the final mill levies. The final mill levies must be adopted on or before June 15.

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

2. Resolutions

a. Resolution 2467
A Resolution Authorizing The Manager To Accept Three Grants From The State Of Alaska Department Of Environmental Conservation For The West Mendenhall Valley Sewer Phase II, North Douglas Sewer Phase III, And Jordan Creek/East Valley Reservoir Project.

This resolution authorizes the Manager to accept three grant offers from the Alaska Department of Environmental Conservation (ADEC) Municipal Matching Grant Program as follows:

• West Mendenhall Valley Sewer Phase II - ADEC Grant # 44588 for $1,196,755

• North Douglas Sewer Phase III – ADEC Grant # 44589 for $1,342,351

• Jordan Creek/East Valley Reservoir – ADEC Grant # 44590 for $446,918

In order to receive the grant funds, ADEC requires formal acceptance of the grants in addition to the appropriation ordinances. This was inadvertently overlooked at the time the appropriation ordinances were prepared.

At its March 23, 2009 meeting, the Public Works and Facilities Committee recommended that the Assembly adopt this resolution.

I recommend this resolution be adopted.

b. Resolution 2468
A Resolution Authorizing The Manager To Apply For And Receive A Recovery Act Edward Byrne Memorial Justice Assistance Grant From The U.S. Department Of Justice For A Police Crisis Intervention Program For Domestic Violence And Family-Related Crimes.

Letter of Support

Under the American Recovery and Reinvestment Act of 2009, the U.S. Department of Justice was provided with funding for grants that assist local law enforcement, in combating domestic violence and family-related crimes.

The CBJ has been allocated $147,543 under this Recovery Act grant program. As part of the application process, the Assembly must adopt a resolution authorizing the grant application.

The Juneau Police Department proposes to use the grant funds to hire a Police Crisis Intervention Specialist who would provide direct crisis intervention services to individuals and families in Juneau. The Intervention Specialist will offer immediate response services and support toward problem resolution in the areas of domestic and sexual violence.

This is a four-year grant and there are no local matching requirements.

I recommend this resolution be adopted

c. Resolution 2469
A Resolution Opposing H.R. 1310, the “Clean Water Protection Act,” A Bill That Would Amend the Federal Water Pollution Control Act to Clarify That Fill Material Cannot Be Comprised of Waste.

Letter

This resolution was drafted by a special committee appointed for that purpose and expresses opposition to a resolution pending before the U.S. Congress regarding the Clean Water Act relating to the use of fill. The policy issues are fairly clearly set forth in the resolution.

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

3. Transfer
a. T-893, Transferring $100,000 From The Multi Purpose Service Corridor Capital Improvement Project (CIP) To The Beginner Chairlift CIP.

Impact of Budget Action    Rasmuson Request      Rasmuson Approval   PWFC Memo

The State of Alaska awarded $2,700,000 to construct an electrical line to the Eaglecrest Lodge and a road to the Federal Aviation Administration (FFAA) weather monitoring station at the top of Eaglecrest. The Rasmuson Foundation granted $100,000 for the Multi Purpose Service Corridor at the Eaglecrest Ski Area. These funds total $2,800,000. The project will be completed for less than $2,700,000.

Eaglecrest Ski Area approached the Rasmuson Foundation to reallocate the $100,000 from the Multi Purpose Service Corridor to the Beginner Chairlift project, and on December 15, 2008, the Rasmuson Foundation gave their approval of this reallocation.

At its March 9, 2009 meeting, the Public Works and Facilities Committee recommended that the Assembly approve this transfer.

I recommend this transfer be approved.

4. Bid Award

a. E09-193 -Dimond Park Aquatic Center

Bid Summary Sheet

Bids were opened on this project on March 31, 2009. The bid protest period will expire at 4:30 p.m. on April 10, 2009. The Bid Summary sheet with all results from the bid opening is included in your packet.

Project Description: This project includes: construction of an approximately 34,000-square-foot public aquatic center, including a six-lane competition pool and a separate recreation/leisure pool. The project also includes a public lobby, locker rooms, spectator seating, administrative offices, and associated spaces.

Additive Alternates include:
 AA1 One Meter Diving Board and Flume Slide
 AA2 Entry Canopy
 AA3 Drop Slide, Three Meter Diving Board, Resistance Channel,
Vortex and Leisure Pool, Play Features
 AA4 Sauna
 AA5 Accordion Folding Wall and Sliding Aluminum-Framed Glass
Door
 AA6 Site Improvements
 AA7 Telescoping Stands
 AA8 Racing Equipment
 AA9 Ceramic Tile Flooring in Locker Rooms
 AA10 Landscaping

I recommend award of this project to McGraw Custom Construction, Inc., for the Base Bid and Additive Alternates 1 – 10, pending expiration of the ten-day protest period with no Intent to Protest filed, for a total award of $13,110,000.

VIII. PUBLIC HEARING

No ordinances for public hearing.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Docks and Harbors – JYL Architects, Inc. - Contract Approval

The Docks and Harbors Board requests approval of a contract amendment for professional design services by JYL Architects, Inc., in the amount of $373,067.00. The work would include schematic design, permitting, and cost estimated for a new Visitor’s Center and associated deck infill. In addition, work would include schematic design, design development, construction documents, permitting, and cost estimate for a new facility for US Customs and Border Patrol and dockworkers. The work would occur at the Cruise Terminal area. The funding is available from the Downtown Cruise Ship Berth Enhancement account.

The Docks and Harbors Board recommended approval of this contract at its March 26, 2009 meeting.

B. Docks and Harbors – Auke Bay Breakwater Supplemental Agreement Request

The Port Director is requesting approval of a Supplemental Agreement in the amount of $126,500 to perform time sensitive critical repairs to the Auke Bay Breakwater. A memo from John Stone, providing justification for the request, is included in your packet.

C. Liquor License

1. New Recreational Site–Seasonal License #4881
Alaska Travel Adventures, Inc. d/b/a Alaska Travel Adventures
Physical Location: Lots 31-33, Block C, Vintage II Subdivision, Juneau

The Finance, Police, Fire, and Community Development Departments have reviewed the above business for compliance with CBJ Code. Enclosed in your Human Resources Committee packets are copies of the notification received from the Alcohol Beverage Control (ABC) staff along with a map from the Community Development Department. Staff from the above four departments recommends the Assembly waives its right to protest the issuance of this new license.

The Human Resources Committee met earlier this evening, Monday, April 6, 2009, and will report its recommendation for action by the Assembly.

I recommend the Assembly adopt the Human Resources Committee's recommendations 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 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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