ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday April 27, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-10

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition
    1. Nathan Coffee
    2. Judy Harvey
    3. Leah LaBar

IV. APPROVAL OF MINUTES

A. April 6, 2009 – Regular Assembly Meeting 2009-08
B. April 8, 2009 – Special Assembly Meeting 2009-09

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 2009-11
An Ordinance Creating Local Improvement District No. 130 Consisting Of Installation Of A Sanitary Sewer System In The West Mendenhall Valley On Glacier Highway From Brotherhood Bridge To Pederson Hill Area, Including Wildmeadow Lane, Frank Maier Drive, Wildmeadow Court, Wilma Avenue And Hamilton Street.

Exhibit A                          Exhibit B                       Assessment Roll

This ordinance would create Local Improvement District (LID) No. 130 for the purpose of providing sewer serving the property owners within the West Valley Sewer Phase III – Pederson Hill, LID 130 boundary. The proposed total assessment for this project is $317,098.

Notices were published in the newspaper and sent to residents in the LID area so they would be aware that they would have this opportunity to make their views known to the Assembly.

An informal poll was conducted of the property owners in this LID area. As of April 16, 2009, out of a total of 58 properties, 31 responses were received. Twenty-nine responded in favor, with two opposed, and no response from 27 property owners.

LID 130 was reviewed by the Public Works and Facilities Committee at its April 20, 2009, meeting and forwarded to the full Assembly.

The Public Hearing will be on May 18, 2009. Notices will be published in the newspaper and have been sent to the residents in the LID area so they would be aware that they would have this opportunity to make their views known to the Assembly. At this hearing, the Assembly shall hear objections from any owner affected by the formation of the district and may make changes in the proposed boundaries or in the plans for the proposed improvements. The Assembly may not change the boundaries of the district to include property not previously included without first giving new notice to owners in the manner and form and within the time provided for the original notice

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

b. Ordinance 2008-15(BH)
An Ordinance Appropriating To The Manager The Sum Of $100,000 As Funding For The Emergency Management Program, Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate $100,000 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 introduced and set for public hearing at the next regular meeting.

2. Resolutions

a. Resolution 2472
A Resolution De-Appropriating $400,000 From The Dimond Park Aquatic Center Capital Improvement Project.

This resolution would de-appropriate $400,000 in sales tax revenues previously provided to the Dimond Park Aquatic Center Capital Improvement Project. The Aquatic Center project has received a $1,450,000 grant from the Alaska Energy Authority and the construction bid came in less than anticipated. As a result of the grant proceeds and construction cost reduction, the project no longer needs the $400,000 in sales tax funding previously appropriated by Ordinance 2008-15(AY) on March 16, 2009.

I recommend this resolution be adopted.

b. Resolution 2473
A Resolution Authorizing The Manager To Negotiate And Enter Into An Agreement With East End Associates, Inc., Regarding Extension Of The Seawalk Through The Taku Fisheries Property, Accepting A Tidelands Easement For That Purpose, Vacating A Portion Of An Easement And Authorizing A Payment Of $480,000 And A Loan Of Up To $300,000 For The Purpose Of Installation Of A Refrigerated Seawater System To Convey Fish Under The Seawalk And Making Related Improvements To The Property.

This resolution would authorize the Manager to negotiate and finalize details regarding a seawalk project that is partially on property owned by East End Associates, the owner of Taku Fisheries. The terms of the agreement would include the dedication of an easement by East End Associates, the relinquishment of a portion of an easement by CBJ, a cash payment, and a loan.

Under the agreement, CBJ would pay East End Associates $480,000 for the purposes of purchasing and installing a Refrigerated Sea Water (RSW) system. This system would allow fish to be offloaded from vessels and pumped under the seawalk into a holding tank, thereby avoiding a conflict between tourism pedestrians and forklifts, which today move totes of ice and fish back and forth between the plant and the dock.

To complete owner modifications to the fish plant, CBJ would also agree to loan East End Associates up to $300,000 to be used for owner costs of the RSW system and for required plant modifications. The money would be loaned at a rate between 3% and 4% for a term between 5 and 10 years, with the better rate corresponding with the shorter term.

I recommend this resolution be adopted

c. Resolution 2474
A Resolution Expressing Assembly Support For Alaska Department Of Transportation And Public Facilities’ Proposed Improvements At The Intersection Of Mendenhall Loop And Back Loop Roads.

A resolution in support of this project was requested by the Alaska Department of Transportation (DOT). The project would construct improvements at the intersection of Mendenhall Loop Road and Back Loop Road. The suggested improvements were recommended to increase safety based on the Mendenhall Valley Traffic Study and are included in the Juneau Area Wide Transportation Plan. The support of the Assembly, expressed through resolution, will serve to elevate this project higher on DOT’s priority list.

I recommend this resolution be adopted

3. Transfer
a. T-894, Transferring $200,000 From One Existing Road Project, Radcliffe Road, To Another Existing Road Project, Jordan Creek Bridge Replacement.

Impact of Budget Action                  PWFC Memo

CBJ has received the bid-ready documents for the Jordan Creek Bridge Replacement Project. According to the designers, the estimate has increased by $200,000 for the project from the initial construction estimate that the fund request for the project was based on. The cost for the bridge replacement project is now estimated at $700,000.

This would transfer $200,000 from the Radcliffe Road Capital Improvement Project (CIP) to complete this project. Construction of Radcliffe Road will begin as soon as weather permits. The Radcliffe Road CIP has sufficient contingency for project completion, as well as seed money to begin design of the next phase of the project – Berners Avenue Reconstruction.

The Public Works and Facilities Committee recommended approval of this request at its April 20, 2009 meeting.

I recommend this transfer be approved.

b. T-895, Transferring $1,000,000 From Main Street Reconstruction Capital Improvement Project (CIP) To The Downtown Transportation Center CIP.

Impact of Budget Action                  PWFC Memo

Through legislation, the Downtown Transportation Center is eligible for $3,000,000 of stimulus money. The intention of the stimulus package is that funds be spent quickly; however, it will be approximately six to eight weeks before the stimulus money can be appropriated into the project.

Two existing projects can “loan” money to cover the stimulus amount. Main Street Reconstruction will not go to bid until later this summer, and the Dimond Park Aquatic Center has unused “loaned” sales tax funds. A companion transfer, T-896, deals with Dimond Park Aquatic Center funds.

If approved, when the $3,000,000 stimulus money is ready for appropriation, the Main Street Reconstruction funds will be returned to the project.

The Public Works and Facilities Committee reviewed this action at its April 20, 2009 meeting and recommended Assembly approval.

I recommend this transfer be approved, to be repaid upon appropriation of stimulus funds.

c. T-896, Transferring $2,000,000 From The Dimond Park Swimming Pool Capital Improvement Project (CIP) To The Downtown Transportation Center CIP.

Impact of Budget Action                  PWFC Memo

The Downtown Transportation Center has received $3,000,000 in stimulus money. The intention of the stimulus package is that funds be spent quickly. However, it will be approximately six to eight weeks before the stimulus money can be appropriated into the project.

Two existing projects can “loan” money to cover the stimulus amount. Main Street Reconstruction will not go to bid until later this summer, and the Dimond Park Aquatic Center has unused “loaned” sales tax funds. A companion Transfer, T-895, deals with the Main Street Reconstruction funds.

If approved, when the $3,000,000 stimulus money is ready for appropriation, the Dimond Park Aquatic Center funds will be returned to the sales tax reserve.

The Public Works and Facilities Committee reviewed this action at its April 20, 2009 meeting and recommended Assembly approval.

I recommend this transfer be approved, to be returned to the Sales Tax Reserve upon appropriation of the stimulus funds.

VIII. PUBLIC HEARING

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 adopted.

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

This ordinance would appropriate $301,466,200 for the City and Borough of Juneau’s FY10 operating budget, excluding the School District. It is necessary to appropriate all transfers between funds that support operations, debt service, and capital projects as well as the associated expenditure within the funds themselves. These transfers account for $96,182,100 of the FY10 operating budget. Excluding the transfers and School District; the CBJ FY10 operating budget, debt service, and capital projects is $205,284,100.

The Charter requires that a public hearing be held on the FY10 operating budget by May 1, 2009, and adoption by June 15, 2009.

I recommend this ordinance be referred to the Assembly Finance Committee.

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

This ordinance would appropriate to the School District an FY10 operating budget of $87,853,600. The School District’s operating budget is.

• General Operations $ 71,837,600
• Special Revenue (pupil transportation, food service, etc) 5,198,100
• Other Operations (student activities, debt service, grants, etc) 10,817,900
Total Budget $ 87,853,600

The FY10 school budget is funded by the CBJ at $24,723,800, the maximum amount allowed under the State’s Education Foundation Funding Formula. Additional funding is provided by the State, the Federal government, and School District user fees and fundraising.

This ordinance has been amended to reflect changes approved at the April 22, 2008 Assembly Finance Committee meeting, which are the inclusion of additional State and local funding resulting from increased enrollment numbers and the passage of SB57, and the exclusion of all items outside of the State’s Education Foundation Funding Formula CAP. The excluded items are:

Community Schools $ 135,000
Youth Activities Funding for sports at TMHS 365,000
After School Activity Buses 74,000
Youth Activities funded with the 1% discretionary sales tax 200,000
Transportation of Homeless Students 35,000
Total School District Funding outside the CAP $ 809,000

State Statute requires the Assembly to determine the total amount of local educational funding support to be provided, and to provide notification of the support to the School Board within 30 days of the School District’s budget submission, which was March 31, 2009. 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 adopted.

D. 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.

This ordinance proposes a total mill levy of 10.60, the components of which are:

Area Millage
Roaded Service Area 1.95
Fire Service Area 0.22
Areawide -
Operational 7.09
Debt Service 1.34
Total 10.60

I recommend this ordinance be referred to the Assembly Finance Committee.

E. 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 $1,450,000 in Alaska Energy Authority AEA) grant funds 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 million 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.

The $1,450,000 in additional AEA grant funds, and lower than expected bids, will allow the Aquatic Center project to move forward without the need of the $2,000,000 in sales tax funding. Due to a temporary funding need in the Downtown Transportation Center, T-896 is being placed before the Assembly to temporarily transfer the $2,000,000 in sales tax funds to the Downtown Transportation Center. Once permanent funding for the Downtown Transportation Center is available (through Federal-State stimulus funds), it is the intention that the $2,000,000 in sales tax funding be de-appropriated back through the Sustainability Fund to the Sales Tax Fund.

I recommend this ordinance be adopted.

F. 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.

Memo

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.

The Assembly Finance Committee also reviewed this matter at its March 11, 2009 meeting and recommended Assembly approval

I recommend this ordinance be adopted.

G. 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    Memo

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 adopted.

H. 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 Net Lender 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.

I recommend this ordinance be adopted.

I. 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 adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Airport Regulations – Rates and Fees Regulation Title 7, Chapter 10

Economic Impact

In response to budgeted expense increases for FY10, the Airport has adjusted its rates and fees structure to help offset these increases. Rates and fees are established through the Airport’s financial model. The model determines which revenues (rates) in various cost centers need to be adjusted to balance the budget; in this case the Airfield revenues needed to be adjusted to cover Airfield expenses.
Rate increases are proposed for aircraft Fuel Flowage Fees and Landing Fees for large aircraft. The anticipated increase to annual revenues for FY 10 is $287,000. A detailed description of the rates and fees regulation changes is addressed in the fiscal note accompanying the regulation.
The Airport received no comments during the public comment period from March 11, 2009, through April 3, 2009. The Airport Board approved the proposed Rates and Fees Regulation (as presented) at its April 8, 2009, Airport Board meeting. The Airport Rates and Fees Regulation changes are budgeted to take effect July 1, 2009.

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 Airport Board or direct the regulation be considered as an ordinance or resolution.
4.
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 Airport will issue the regulations with an effective date of July 1, 2009.

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
 
home
community
visitors
images
business
jobs
calendar
IMAGE-City and Borough of Juneau