ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday June 29, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-14

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Dave Kerr, Community Development – Retirement

IV. APPROVAL OF MINUTES

A. June 8, 2009 – Regular Assembly Meeting 2009-12
B. June 11, 2009 – Special Assembly Meeting 2009-13

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(BN)
An Ordinance Appropriating To The Manager The Sum Of $2,310 As Partial Funding For The Juneau Teen Health Center, Grant Funding Provided By The Alaska Department Of Health And Social Services.

Economic Impact Note

This ordinance would appropriate $2,310 as additional grant funding from the State of Alaska Department of Health and Social Services/Public Health for the FY09 operating budget. These funds would be used for contractual services to employ an advanced nurse practitioner to provide clinical family planning services and for nutritionist services.

These services would be provided as an extension of the Teen Health Center, working within the two Juneau high schools. These services are for the period of July 14, 2008 through June 30, 2009. This grant has two optional one-year renewal period(s) to be exercised at the sole discretion of the State.

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

b. Ordinance 2008-15(BO)
An Ordinance Appropriating To The Manager The Sum Of $20,000 As Partial Funding For Additional Costs Related To Snow Removal, Funding Provided By Downtown Parking Fund Balance
.

Economic Impact Note

This ordinance would appropriate $20,000 for the Downtown Parking’s Fiscal Year 2009 Operating Budget. Funding to be provided by the Downtown Parking Fund Balance.

The Downtown Parking Division of Parks and Recreation is anticipating a $20,000 shortfall in the current fiscal year operating budget due to record snowfalls resulting in additional building maintenance charges for snow removal.

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

c. Ordinance 2009-08(B)
An Ordinance Appropriating To The Manager The Sum Of $21,100,219 As Funding For The Airport Runway Safety Area Capital Improvement Project, Grant Funding Provided By The Federal Aviation Administration.

Economic Impact Note

This ordinance would appropriate $21,100,219 for the Runway Safety Area construction project; such funds provided by the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant.

This is the third AIP grant for the project; prior grants were $14,700,000 and $10,506,094. Currently, AIP grants pay 95% of eligible project costs, local matching funds (2.5%) are provided by Passenger Facility Charges, and Alaska Department of Transportation matching funds (2.5%) are anticipated shortly.

The Airport Board, at its June 10, 2009 meeting, approved this action. The Public Works and Facilities Committee approved this action at its June 1, 2009, meeting.

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

d. Ordinance 2009-08(C)
An Ordinance Appropriating To The Manager The Sum Of $147,543 As Funding For The Juneau Police Department’s Crisis Intervention Specialist Program, Grant Funding Provided By The United States Department Of Justice.

Economic Impact Note

This ordinance would appropriate a $147,543 Department of Justice, Office of Justice Programs, Bureau of Justice Assistance grant for the development of a Police Crisis Intervention Specialist Program at the Police Department. This is the first year of a three-year grant and has no match requirements. This position would assist officers by providing short-term case management services for victims of domestic and other violence situations.

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

e. Ordinance 2009-08(D)
An Ordinance Appropriating To The Manager The Sum Of $121,000 As Funding For The Purchase of the Jordan Creek Commercial Office Unit, Funding Provided By The Bartlett Regional Hospital Fund Balance.

Economic Impact Note

The Bartlett Regional Hospital Board of Directors approved a motion to purchase a condominium at Jordan Creek, owned by the Bartlett Regional Hospital Foundation, from its operating budget. The legal description of the property is Unit 22F, Jordan Creek Condo. The Foundation has expressed the desire to sell the condominium for $121,000 and to pay all closing costs and fees associated with the transaction. The assessed value of the condominium has remained constant at $120,100 for the tax years of 2007, 2008, and 2009. The closing costs and fees are anticipated to be between $5,000 and $8,000.

At its June 8, 2009 meeting, the Lands Committee approved a motion of support for this appropriation.

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

f. Ordinance 2009-08(E)
An Ordinance Appropriating To The Manager The Sum Of $2,000 As Funding For Juneau Police Department Training, Grant Funding Provided By Alaska Police Standards Council.

Economic Impact Note

This ordinance would appropriate $2,000 toward training for the Juneau Police Department. Funding will be provided by an Alaska Police Standards Council grant.

The training needs of CBJ Law Enforcement Officers are crucial to their success in fighting crime. The training provided by this grant will be provided not only to Juneau Law Enforcement Officers, but also to other officers that may be interested in the topic that is chosen. There is no match required for this grant.

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

2. Resolutions

a. Resolution 2481
A Resolution Authorizing The Manager To Enter Into An Amendment To The City And Borough PERS Plan To Allow The Airport Manager Position To Be Included In PERS.

The Airport Board has requested that the Airport Manager position at the Juneau International Airport be re-included in the City’s PERS agreement with the State of Alaska, Division of Retirement and Benefits. This position was previously covered in CBJ’s PERS agreement and was temporarily removed to accommodate the prior Airport Manager. Retirement benefits are part of a standard compensation package for positions at this level.

I recommend this resolution be adopted.

b. Resolution 2482
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 Purchasing Police Equipment To Assist In Drug Enforcement Activities.

CBJ has been allocated a grant of $35,894 as part of the American Recovery and Reinvestment Act of 2009. These funds, provided through the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance, are provided to enhance law enforcement programs, among other possible uses. As part of the application process, the Assembly must adopt a resolution to authorize the grant application.

The Juneau Police Department proposes to purchase equipment that will aid police officers with drug enforcement activities. There are no matching requirements for this grant.

I recommend this resolution be adopted.

c. Resolution 2483
A Resolution De-Appropriating $1,500,000 From The Bartlett 2005 Capital Improvement Project.

Economic Impact Note

This resolution would de-appropriate $1.5 million from the Bartlett 2005 project to the Bartlett Regional Hospital (BRH) fund balance. This de-appropriation allows BRH to recover budgeted costs of procuring fixtures, furniture, and equipment for the Bartlett 2005 project.

The Hospital Board approved this action at its May 26, 2009 meeting.

I recommend this resolution be adopted.

d. Resolution 2484
A Resolution De-Appropriating $1,385,000 From The North Douglas Sewer Expansion Capital Improvement Project And $1,055,000 From The West Mendenhall Valley Sewer Expansion Capital Improvement Project.

Economic Impact Note

At the start of planning for the North Douglas and West Valley Sewer Local Improvement Districts (LID), the Public Works Department applied for and received low-interest loans from the Alaska Department of Environmental Conservation (DEC). The purpose of the loans is to provide property owners with a low interest rate for their LID assessments.

The loan amounts applied for are in excess of the total LID assessments and need to be reduced to match the actual LID assessments.

I recommend this resolution be adopted.

e. Resolution 2485
A Resolution Accepting The Donation Of Approximately 36 Acres In The Hilda Creek Area, Described As U.S Survey 1481, Or “Hilda Cove Estates,” To The City And Borough To Manage As A Natural Area Park Or Other Comparable Land Use Designation.

The Southeast Alaska Land (SEAL) Trust has expressed an interest in donating approximately 36 acres of land in the Hilda Creek area, described as USS 1481, or “Hilda Cove Estates,” to CBJ. The property will be purchased with airport mitigation funds and will be designated as a natural area park, or other comparable land use designation, for the preservation of high-valued anadromous streams, forested wetlands, estuary, and recreation potential. At its meeting of June 2, 2009, the Parks and Recreation Advisory Committee (PRAC) recommended approval of this donation. The Lands Committee recommended approval of this donation at its June 8, 2009 meeting.

I recommend this resolution be adopted.

f. Resolution 2486
A Resolution Naming The Park At Third And Seward Streets The "Bishop Michael H. Kenny Memorial Peace Park."

At its June 2, 2009 meeting, the Parks and Recreation Advisory Committee (PRAC) recommended the naming of a currently unnamed park at Third and Seward Streets the “Bishop Michael H. Kenny Memorial Peace Park.” This proposal was sponsored by the Juneau Chapter of Veterans for Peace, and in the proposal, they identified Bishop Kenny, who died in 1995, as a leading advocate for peace and nuclear disarmament.

According to a PRAC Policy dated September 5, 2006, Naming of CBJ Parks and Facilities, a public hearing must be held; the proposal must be approved by two-thirds majority of the PRAC, and approved by the Assembly. The policy states, “when it is appropriate to name a park in honor of a deceased person, it should be a person who has made a major contribution to the community and/or who has been instrumental in acquiring or developing the park area. The name of a deceased person for a municipal park cannot be considered until 36 months after the date of death of that person.”

A public hearing was held by the PRAC on May 5, 2009, and members of the Veterans for Peace and Juneau People for Peace and Justice testified. The PRAC, at its June 2, 2009 meeting, recommended Assembly approval.

I recommend this resolution be adopted.

g. Resolution 2487
A Resolution Supporting A Reduction In Sewer Assessments For LID 95, North Douglas Sewer Expansion Capital Improvement Project
.

The Manager recommended, and the Assembly supported, action to bring the sewer assessments for North Douglas property owners in Local Improvement District (LID) 95 in line with the West Valley LIDs’ sewer assessments.

LID 95 consists of three construction projects (Areas D, E, and F) and the construction of the sewer lines in the last area (E) will not be complete until next year. After the construction is complete, the assessments will be finalized at a close-out hearing.

Since the assessments cannot be adjusted until the LID closeout hearing, this resolution has been prepared to clarify the Assembly’s intent to lower the assessments.

I recommend this resolution be adopted.

3. Transfer
a. T-899, Transferring $1,000,000 From The Lower West Mendenhall Valley – Sewer LID Capital Improvement Project To The Next Phase Of The Extension Project, Lower West Mendenhall Valley - Pederson Phase Capital Improvement Project.

Impact of Budget Action

This transfer would allow bidding and construction to proceed on the next phase of the Lower West Mendenhall Valley Sewer LID extension, the Pederson Phase. Currently, this phase is partially funded through sales tax, LID assessments, and an Alaska Department of Environmental Conservation (ADEC) grant, which requires matching funds. This transfer would provide the necessary funds to match the ADEC grant and proceed with construction. The Pederson Phase of the project is estimated to cost $3 million. Construction of Lower West Mendenhall Valley sewer, Industrial Boulevard area, will be completed this fall. After this transfer to the Pederson Phase, sufficient funding is expected to remain to complete the Industrial Boulevard area projects.

The Public Works and Facilities Committee recommended approval of this request at its June 22, 2009 meeting.

I recommend this transfer be approved.

4. Bid Award
a. Bid Number 10-010, Term Contract for Fuel Oil, Diesel Fuel, Automotive Gasoline.

Bids were opened on June 10, 2009. The bid protest period expired at 4:30 p.m. on June 11, 2009.

The bids received (awarded by Section) represent the anticipated annual cost for each type of fuel and its delivery to approximately 80 CBJ, School District, and Bartlett Regional Hospital tanks. The contract period is from the date of award through June 30, 2010, with an option to renew for four additional 12-month periods, by mutual agreement. As with the previous contract, fuel prices change weekly, based upon average prices provided by the Oil Price Information Service (OPIS). The delivery fee remains constant for the contract period. Increases are allowed in the renewal periods.

The new bid prices for delivery fees are listed below. They are 17-19 cents higher per gallon than last year. If the same numbers of gallons of fuel are purchased as last year, it will result in an increase of approximately $255,000 for the coming fiscal year.

The contract amount will be based upon the weekly OPIS fuel prices plus the awarded delivery fee.

I recommend award of this contract to Petro Marine Services, as the lowest responsive bid price for Sections I, II, and III, for a total award of $2,984,982.08.

VIII. PUBLIC HEARING

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, $19.138 million (15 years) was approved by the voters on October 2, 2007 for the Dimond Park Aquatic Center, and $1.2 million (10 years) was approved by the voters on October 7, 2008 for the Dzantik’I Heeni Middle School covered playground. The CBJ had 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 CBJ Engineering Department estimated that only $1.2 million is needed for the covered playground project.

The Dimond Park Aquatic Center bonds qualify for approximately 24% 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. 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 $27.7 million. The City should receive reimbursement from the State of $7.20 million, assuming full state funding, leaving $20.5 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 0.35 mills or $35 per $100,000 in assessed value.

I recommend this ordinance be adopted.

B. Ordinance 2009-14(b)
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 CBJ regarding the possibility of subdividing 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 feet 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.

The Lands Committee approved this action at its June 8, 2009 meeting. The Planning Commission approved this action at its June 23, 2009 meeting.

Version (b) adds Subsection (5) on page 2 regarding public utilities on conservation lots not required.

I recommend this ordinance be adopted.

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 the airport 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 adopted.

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 adopted.

E. Ordinance 2009-08(A)(b)
An Ordinance Appropriating To The Manager The Sum Of $100,000 As Funding For The Low-Income Housing Coordinator, Funding Provided By The Low-Income Fund Balance.

Economic Impact Note

This ordinance would appropriate $100,000 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. Version (b) adjusts the appropriation from $92,500 to $100,000.

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 Juneau Economic Development Counsel (JEDC) would be the best location, if JEDC were 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 general duties of the position are included in the packet.

The Lands Committee approved this action at its June 8, 2009 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Review of Proposed Decision on Appeal of Conditional Use Permit USE2008-00026 – AT&T WiMax Tower

On May 14, 2009, the Assembly conducted a hearing regarding the appeal filed by Bill and Ruth Newman, Tim Strand, and George and Ruth Danner, of Conditional Use Permit USE2008-00026 for placement of a 150-foot monopole for a new telecommunication facility at 3921 Mendenhall Loop Road, by Alascom, Inc., d/b/a AT&T Alascom, Inc.

CBJ 01.50.140 (a) provides that all decisions shall be written and must contain findings of fact and a determination on each of the issues presented. A decision may affirm, modify, or set aside an agency decision in whole or in part. A decision may be to remand any issue to the agency.

The proposed written decision is included in the agenda packet and was distributed to the parties for review. Any comments from the parties should be considered by the Assembly along with the proposed decision for adoption or amendment at this meeting.

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

X. NEW BUSINESS

A. Gold Creek Assessment

XI. STAFF REPORTS

A. Joe Buck Memorandum re May Household Hazardous Waste

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

A. Attorney Evaluation

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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