ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday June 8, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-12

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Daniel Glidman - Appreciation
B. Employee Recognition
     1. Retirement - Dave Boddy, CCF/R

IV. APPROVAL OF MINUTES

A. May 18, 2009 – Regular Assembly Meeting 2009-11

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 2009-13
An Ordinance Providing For The Issuance And Sale Of General Obligation Bonds In The Aggregate Principal Amount Of Not To Exceed $20,338,000; Providing The Form And Terms Of The Bonds And For Unlimited Tax Levies To Pay The Bonds; Providing For The Appointment Of A Bond Registrar; And Authorizing A Preliminary Official Statement, Proceeds To Be Used For The Dimond Park Aquatic Center And The Covered Playground At Dzantik’I Heeni Middle School.

This ordinance would authorize the issuance of $20.338 million in General Obligation Bonds. Of this amount, the voters approved $19.138 million (15 years) on October 2, 2007, for the Dimond Park Aquatic Center and $1.2 million (10 years) for the Dzantik’I Heeni Middle School covered playground. CBJ has previously issued $662,000 of the original $20.8 million in voter-approved bonds for the Dimond Park Aquatic Center. The voter authorization for the Dzantik’I Heeni Middle School was $1.68 million. The Engineering Department has estimated that only $1.2 million will be needed for the covered playground project.

The Dimond Park Aquatic Center Bonds qualify for 26.2% reimbursement, and the Dzantik’I Heeni Middle School covered playground bonds qualify for 70% reimbursement, under the State’s School Construction Bond Debt Reimbursement Program; however, the reimbursement under the State’s Debt Reimbursement Program is subject to annual appropriation by the Legislature.

The remaining debt service, after state reimbursement, will be paid from property tax levies. The estimated total cost of the debt service, including interest at an average rate of 3.6% for the 10-year bonds, and 4.25% for the 15-year bonds, is $27.65 million. CBJ should receive reimbursement from the State of $7.88 million, assuming full state funding, leaving $19.77 million to be paid from local tax levies. The maximum estimated property tax mill levy needed to fund the local share, assuming full state funding, will be 0.34 mills or $34 per $100,000 in assessed value.

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

b. Ordinance 2009-14
An Ordinance Amending The Land Use Code To Exempt Conservation Lots Adjacent To, Or Within, The Mendenhall Wetlands State Game Refuge From Certain Subdivision Requirements
.

Due to isostatic rebound (also known as glacial rebound), the seaward property boundaries of many lots adjacent to the Mendenhall Wetlands State Game Refuge, which are surveyed as “meander lines,” have moved seaward of their original location. This process, called “accretion,” results in the need for the lots to be re-surveyed, and often adds an acre or more to the original property. As much of this land is still inundated with water at high tidal stages, it is unsuitable for building or development. Property owners and the Southeast Alaska Land Trust have approached the CBJ regarding the possibility of subdividing off all, or part, of some of the accreted lands into stand-alone lots for conservation purposes, but this is currently prohibited by Title 49, which requires that all lots created in the CBJ have at least 30’ of frontage on a right-of-way maintained by an agency of government. Because the intent of these subdivisions would be to maintain the wetlands in their current, undeveloped state, requiring that the owner or prospective purchaser construct a road to access the proposed lots would be a counter-productive and needless expense. Furthermore, because the lots will not be developed, there is no justification for requiring a minimum lot size or for applying other minimum

dimensional standards. The proposed ordinance would define “conservation lots,” and set standards for when this type of subdivision can occur, as well as listing the exemptions from Title 49 that apply to this type of subdivision, within, or adjacent to, the Mendenhall Wetlands State Game Refuge.

This ordinance is scheduled to be reviewed by the Assembly Lands Committee (June 8, 2009) and the Planning Commission (June 23, 2009).

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

c. Ordinance 2008-15(BL)
An Ordinance Appropriating To The Manager The Sum Of $144,200 As Partial Funding For The Airport’s Fiscal Year 2009 Operating Budget, Funding Provided By Airport Fund Balance.

This ordinance would appropriate $144,200 to address increases in FY09 operational costs for the Airport. Funding is provided by fund balance.

The Airport anticipates exceeding its FY09 budgeted spending authority by $144,200. Increases are due to increased de-icing chemical prices, extra sand purchase for winter operations, and emergency grader repairs. Sufficient revenue is projected to cover the increased expenditures.

The Airport Board approved this action at its February 11, 2009 meeting. The Assembly Finance Committee reviewed and approved these increases at its April 29, 2009 meeting.

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

d. Ordinance 2008-15(BM)
An Ordinance Appropriating To The Manager The Sum Of $4,577,698 To Fund The City And Borough Of Juneau’s Fiscal Year 2009 Public Employee Retirement System Contribution, Funding Provided By The Alaska Department Of Administration.

This is a housekeeping ordinance that will appropriately reflect, for accounting purposes, the State’s 13.22% PERS contribution for FY09. The ordinance would increase the personnel benefits citywide by $4,577,698 to reflect the costs paid directly by the State into the PERS on behalf of the CBJ. The Alaska Department of Administration’s general fund will be funding the appropriated amount set by HB310, passed during the 2008 legislative session. Adoption of this ordinance will not impact the CBJ’s net budget.

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

e. Ordinance 2009-08(A)
An Ordinance Appropriating To The Manager The Sum Of $92,500 As Funding For The Low-Income Housing Coordinator, Funding Provided By The Low-Income Fund Balance.

Economic Impact Note

This ordinance would appropriate $92,500 from the Low Income Housing Fund to Juneau Economic Development Council (JEDC) to support a full-time Affordable Housing Coordinator. This is an amendment to the FY10 budget and, if adopted, it would not become effective until July 1, 2009.

At its May 12, 2009 meeting, the Affordable Housing Commission supported requesting funding for a full-time Affordable Housing Coordinator. The Commission determined that placing the position with JEDC would be the best location, if JEDC was willing. This position would work with the CBJ, non-profits, and for-profit businesses to create affordable housing in Juneau, both rental and home ownership. The services provided by JEDC will be included in the June 29, 2009 packet.

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

2. Resolutions

a. Resolution 2479
A Resolution Supporting A 2009 Application For Funding Through The State Of Alaska, Department Of Transportation And Public Facilities, Municipal Harbor Facility Grant Program, In The Amount Of $5,000,000 For The Project Entitled “Statter Harbor Improvements.”

Project Summary                       Memo

This resolution would express Assembly support for a harbor grant application to the Alaska Department of Transportation. The Docks and Harbors Board is applying for a $5 million grant under the Alaska Municipal Harbor Matching Grant Program to help finance rebuilding the launch ramp and moorage floats in Auke Bay. The grant requires a $5 million match from CBJ. The Board is proposing to match the grant with sales tax proceeds that were approved by the voters for the Statter Harbor project. In 2008, the Board submitted an application for the same project. That application was ranked number one in the state, but the Legislature did not appropriate funds for the program. The program requires that CBJ reapply in order to be considered by next year’s Legislature. The Board is hopeful that next year’s Legislature will appropriate funds towards the program. The Board reviewed the application at its May 28, 2009 meeting and requested the Assembly adopt a resolution of support for the application.

I recommend this resolution be adopted.

b. Resolution 2480
A Resolution Authorizing The Manager To Negotiate And Enter Into A Revocable License For The Use Of 1.65 Acres Of Lot A Of Trust Land Survey 2007-01 And Lot 7, Block 68, Alaska Tidelands Survey No. 3, For Parking By State Employees In The Juneau Arts And Cultural Center Parking Lot.

Final Draft Lease

The CBJ has a revocable license with the State of Alaska, Department of Administration, for use of the Juneau Arts and Humanities Council parking lot, which will expire on June 30, 2009. The State of Alaska utilizes the property for employee parking. To accommodate continued state employee parking, a revocable license for land use is required. The annual payment for the license has been $62,000 for the past two fiscal years. This annual rate is proposed for an additional two-year term. The Assembly Lands Committee is scheduled to meet this evening, Monday, June 8, 2009, and will report on its recommendation with regard to this resolution.

I recommend the Assembly adopt the Assembly Lands Committee's recommendations for action from tonight’s meeting.

3. Transfer
a. T-897, Transferring $368,600 From The Open Space Waterfront Land Acquisition Capital Improvement Project To The Juneau Arts And Culture Center Improvements Project.

Impact of Budget Action                              Memo

At its meeting of May 6, 2009, the Assembly Finance Committee expressed support for using funds from the Open Space Waterfront Land Acquisition capital improvement project to make critical building repairs to the Juneau Arts and Culture Center (JACC).

In the event of a disaster, the JACC would be used as part of the emergency response program, including being used for temporary housing.

I recommend this transfer be approved.

4. Bid Award
a. E09-214, CCF/R Fire Tanker

Bids were opened on the CCF/R Tanker on May 13, 2009. One bid was received from Pierce Manufacturing, Inc., in the amount of $303,410.

This is a contract for the purchase of one tanker truck to be used by Capital City Fire/Rescue.

Funding Sources: 602-67-5-02-42-510-Grants Fund; 602-67-5-02-30-510-Fleet
Initial Encumbrance: $250,000

Additional funds budgeted through the Fleet replacement funding source (602-67-5-02-30-510) will accommodate the additional $53,410.

I recommend award of this contract to Pierce Manufacturing, Inc., as the sole bidder, for a total award of $303,410.

VIII. PUBLIC HEARING

A. Ordinance 2008-15(BI)
An Ordinance Appropriating To The Manager The Sum Of $162,221 As Partial Funding For The Juneau-Douglas High School Renovation Capital Improvement Project, Funding Provided By General Obligation Bond Interest Income.

Economic Impact Note                            Memo

This ordinance would appropriate $162,221 unbudgeted general obligation bond interest income as partial funding for the Juneau-Douglas High School Renovation Phase II.

Funds provided by the following:
1) 1991 General Obligation Bond Interest Income [ $33 ]
2) 2000B General Obligation Bond Interest Income [ $6,850 ]
3) 2000 General Obligation Bond Interest Income [ $53,410 ]
4) 2000 General Obligation Bond Interest Income [ $57,526 ]
5) 2004A&B General Obligation Bond Interest Income [ $44,402 ]

These funds are required for construction of OSHA-mandated renovations to the two wood shop dust collectors and related ventilation systems at Juneau-Douglas High School. The Assembly previously approved an appropriation of $70,921 in interest income to this project. If this additional appropriation of $162,221 is approved by the Assembly, the total project budget for this work will be $233,142.

The Public Works and Facilities Committee recommended approval of this request at its May 11, 2009 meeting.

I recommend this ordinance be adopted.

B. Ordinance 2008-15(BJ)
An Ordinance Appropriating to the Manager the Sum of $181,940 As Partial Funding For The Downtown Transportation Center Capital Improvement Project, Grant Funding To Be Provided by The State of Alaska Department of Transportation and Public Facilities.

Memo

This ordinance would appropriate $181,940 from the State of Alaska, Department of Transportation and Public Facilities, given to the City and Borough of Juneau as a sub-recipient of the Federal Transit Administration’s Non-Urbanized Area Formula Program as partial funding for the construction of the Downtown Transportation Center.

The grant is specifically for construction of a transit facility in downtown Juneau, CIP 396-55, Downtown Transportation Center.

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

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Ordinance 2009-04
An Ordinance Amending The Land Use Code Relating To Fees For Land Use Permits.

This ordinance was requested by the Assembly following an appeal, Hood v. CBJ Board of Adjustment and Secon, Inc. This appeal challenged the issuance of an “after the fact” variance (VAR2007-00010) to allow construction of a truck scale within 50’ of the Ordinary High Water mark of Lemon Creek.

The finding on appeal for this case provides in part that:

The Assembly requests that the Manager and City Attorney look into two ideas to prevent the problems that led to this appeal from recurring. First, language of the subsections of the variance requirements is somewhat confusing. If an ordinance can be drafted to clarify this area, it might save time and effort for developers, Planning Commission, and the Assembly. Second, an ordinance requiring payment of double fees for all permits applied for “after the fact” which would provide a financial incentive for developers to apply for CBJ permits in a timely manner.

At its January 13, 2009 meeting, the Planning Commission recommended that the Assembly adopt this ordinance

The Assembly Public Works and Facilities Committee (PWFC) reviewed this ordinance at its May 13, 2009 meeting. There were no changes recommended by the PWFC and the ordinance was forwarded to the Assembly for adoption.

I recommend this ordinance be adopted.

B. Liquor Licenses

1. Lic. #2533 Jack D. & Arlene D. Tripp d/b/a Viking Restaurant & Lounge, 216 Front St.
2. Lic. #4543 Breeze In Corporation d/b/a Breeze-In, 5711 Concrete Way (Lemon Creek location)
3. Lic. #662 Breeze In Corporation d/b/a Douglas Island Breeze-In, 3370 Douglas Hwy.
4. Lic. #816 El Sombrero Inc. d/b/a El Sombrero Mexican & American Food, 157 S. Franklin Street

The above-listed liquor license renewals are before the Assembly to either protest or waive its right to protest. The Finance, Police, Fire, and Community Development Departments
have reviewed the above businesses for compliance with CBJ Code.

These licenses were originally scheduled for the May 18, 2009, Human Resources Committee and Assembly agendas but were tabled by the Human Resources Committee to allow the businesses additional time within the 60-day comment period in which to bring their establishments into compliance with building and fire code concerns. Enclosed in the Human Resources Committee packets is a memo regarding staff recommendations and the status of the above-listed licenses.

The Human Resources Committee met earlier this evening, Monday, June 8, 2009, and will report on its action. In the event the Assembly does protest the renewal of one or more of the above-mentioned liquor licenses CBJ Code 20.25.025(c) provides the following:

(c) If the assembly or committee or a subcommittee thereof recommends protest of the issuance, renewal, transfer, relocation, or continued operation of a license it shall state the basis of the protest and the applicant shall be afforded notice and an opportunity to be heard at an abbreviated informal hearing before the assembly to defend the application. For the purposes of this subsection, notice shall be sufficient if sent at least ten days prior to the hearing by certified first class mail to the address last provided by the applicant to the municipal sales tax examiner. At the conclusion of the hearing, the assembly decision to protest the application shall stand unless the majority of the assembly votes to withdraw the protest.

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

X. NEW BUSINESS

A. Supplemental Agreement – Dimond Park Aquatic Center

B. Liquor Licenses

1. Liquor License – Restaurant Designation Permit Application
Westmark Baranof Hotel - Gold Room

Applications for Restaurant Designation Permits come before the Assembly to either approve or not approve the permit and are not subject to the 60-day liquor license review period. Restaurant Designation Permits allow persons under the age of 19 to enter a licensed premises for purpose of non-alcoholic related employment or dining. Pursuant to AS 04.16.049 and 15 AAC 104.715-795, the Alcoholic Beverage Control Board, "with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurant or eating places only for purposes of this subsection."

The Finance, Police, Fire, and Community Development Departments have reviewed the above business for compliance with CBJ Code and recommend the Assembly approve the Restaurant Designation Permit. Enclosed in your Human Resources Committee packet is a copy of the permit application received from the Alcohol Beverage Control Board.

The Human Resources Committee met earlier this evening, Monday, June 8, 2009 and will report on its recommendation with regard to this permit.

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
1. Discussion – MOU Alaska Coastal Rainforest Center
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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