ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA


Monday July 13, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-15

 

Submitted by:  Kimberly A. Kiefer, City Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Government Finance Officers Association Award – Craig Duncan/Mary Norcross

B. The Assembly should recess and convene as the Board of Equalization for the purposes of hearing Resolution 2488, the assessment roll for LID No. 94. At the conclusion of this hearing, the Board of Equalization will adjourn and the Assembly will reconvene.

1. Resolution 2488          LID No. 94 Map
A Resolution Confirming The Assessment Roll For Local Improvement District No. 94, West Ninth Street Paving Improvements, Fixing The Time And Method Of Payment Of Assessments; Setting The Day Of Levy; And Fixing The Time Of Delinquency And The Penalties And Interest Therefore.

This resolution would confirm the Assessment Roll for Local Improvement District (LID) No.94, for the purpose of performing the following work: reconstruction of existing roadbed; and new construction of pavement, curb and gutter, sidewalks, and underground storm drainage serving the property owners within the LID Boundary along West Ninth Street. Property assessments are listed in the Assessment Roll included in the packet.

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

At the time of the hearing, the Assembly will sit as a Board of Equalization for the purpose of considering the assessment roll, will consider any objections made and modify the roll if necessary at the conclusion of the hearing.

IV. APPROVAL OF MINUTES

A. June 29, 2009 – Regular Assembly Meeting 2009-14

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 2009-12
An Ordinance Amending The Animal Control Code.

The majority of the animal control code revisions address the addition of the Parks and Recreation Dog Task Force recommendations concerning dogs on Parks and Recreation property, and other general housekeeping items. The revisions have been discussed with the Executive Director of the Humane Society and will be reviewed by the Animal Control Board.

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

b. Ordinance 2009-08(F)    EIN - Auke Bay        EIN-Cruise Ship Dock
An Ordinance Appropriating To The Manager The Sum Of $3,300,000 As Funding For Auke Bay Seawalk Construction And Cruise Ship Dock Improvements, Grant Funding Provided By Alaska Department Of Commerce, Community And Economic Development.

This ordinance would appropriate $3,300,000 in two Alaska Department of Commerce, Community and Economic Development grants for two existing Capital Improvement Projects (CIP).

The Auke Bay Seawalk Construction grant, totaling $800,000, would be appropriated into the Statter Harbor Launch Ramp CIP to replace the recreational boat launch at Statter Harbor. The funding will be used to provide a pedestrian corridor along the waterfront from the existing launch ramp to the Auke Bay Elementary School crossing on Glacier Highway.

The Cruise Ship Dock Improvement grant, totaling $2,500,000, will be part of the Downtown Cruise Ship Berth Enhancement CIP. This project consists of replacing two old cruise ship piers. The current piers are too small to handle the panamax-size cruise ships and the configuration of the piers has caused loss of public access to the waterfront due to new maritime security requirements. This grant would help finance a portion of the project, which is estimated to cost $30 million.

The Docks and Harbors Board approved this action at its June 25, 2009 meeting. This ordinance is scheduled for review by the Public Works and Facilities Committee at its July 27, 2009 meeting.

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

c. Ordinance 2009-08(G)       Economic Impact Note (EIN)
An Ordinance Appropriating To The Manager The Sum Of $15,641 As Funding For Water Quality Monitoring At Sandy Beach, Grant Funding Provided By The State Of Alaska, Department Of Environmental Conservation.

This ordinance would appropriate a $15,641 grant from the State of Alaska, Department of Environmental Conservation to fund a water monitoring program for Sandy Beach, coordinated with the Alaska Department of Environmental Conservation (ADEC) Beach Grant Program Manager.

This ordinance is scheduled for review by the Public Works and Facilities Committee at its July 27, 2009 meeting.

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

d. Ordinance 2009-08(H)      EIN
An Ordinance Appropriating To The Manager The Sum Of $5,245 As Partial Funding For The Juneau Teen Health Center, Grant Funding Provided By The Alaska Department Of Health And Social Services.

This ordinance would appropriate $5,245 as additional grant funding from the State of Alaska Department of Health and Social Services/Public Health for the FY10 operating budget. These funds will be used to serve additional adolescents, above the FY09 number served, through the Teen Health Center.

These services will be provided as an extension of the Teen Health Center working within the two Juneau high schools. The service period is July 1, 2009 through June 30, 2010.

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

2. Resolutions

a. Resolution 2489
A Resolution De-Appropriating $5,300,000 Of Short Term Notes Of The City And Borough From The Public Works Combined Shop Capital Improvement Project.

The Assembly, at its August 25, 2008 meeting, adopted Ordinance 2008-24 appropriating $5,300,000 of Tax Anticipation Notes (TANs) for the Consolidated Public Works Facility project.

These notes allowed the project bidding and construction to proceed up to one year ahead of sales tax collection. In the FY10 CIP, the Assembly appropriated $4,600,000 of temporary sales tax into the project. The dollar value has been reduced to match the reduced sales tax collection.

To remove the TANs, a de-appropriating action is required. It is not anticipated that the shortfall of $700,000 to the project will be needed to complete this phase of work.

I recommend this resolution be adopted.

3. Bid Award
a. Bid Number 10-012, Term Contract for Roadway Deicing Chemicals.

Bids were opened on June 26, 2009. The bid protest period expired at 4:30 p.m. on June 29, 2009. Results of the bid opening are as follows:

BIDDERS 460 tons of Ice Slicer
or Approved Equivalent

Brenntag Pacific, Inc. $ 161,000.00 ($350 per ton)
UNIVAR $ 218,040.00 ($474 per ton)

This contract is to provide roadway deicing chemicals that will be used for winter street maintenance by the Streets Division and by the Airport. Cost per ton is $350.00, compared to the current contract price of $359.80 per ton. Any fuel surcharges from Seattle to Juneau will be extra.

Funding Source: 209-18-5-01-00-493 Streets
560-40-5-01-02-490 Airport
Encumbrances: $140,000.00 – Public Works, Streets Division
$ 21,840.00 – Airport, Field Maintenance Division

I recommend award of this contract to Brenntag Pacific, Inc., as the lowest responsive bid price, for a total award of $161,000.

VIII. PUBLIC HEARING

A. Ordinance 2008-15(BN)    EIN
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.

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 adopted.

B. Ordinance 2008-15(BO)      EIN
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.

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 adopted.

C. Ordinance 2009-08(B)     EIN
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.

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 adopted.

D. Ordinance 2009-08(C)      EIN
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.

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 adopted.

E. Ordinance 2009-08(D)    EIN
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.

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 adopted.

F. Ordinance 2009-08(E)      EIN
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.

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 adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Docks and Harbors-Fees And Charges Amendment

The Docks and Harbors Board is proposing to amend the fees and charges regulations set out in 05 CBJAC 20.

The Board is proposing to reduce the fee for use of long term storage from the current $1.00 per square foot per month to $.50 per square foot per month. This is designed to make Docks and Harbors storage space more competitive.

The regulation will not require an increased appropriation of general funds by the municipality.

The Docks and Harbors Board conducted two public hearings on the regulation. This action was adopted by the CBJ Docks and Harbors Board at its meeting on June 25, 2009.

CBJ Ordinance 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 chose 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 Docks and Harbors Board or direct the regulation be considered as an ordinance or resolution.

If the Assembly returns the regulation, it may state the reasons for disapproval but shall not establish explicit conditions for subsequent approval or direct particular amendment to the regulation.

I recommend the Assembly allow the regulation to become effective.

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports
1. Proposed Decision on Appeal of Conditional Use Permit
USE2008-00026 – AT&T WiMax Tower

Appellant's Objections to Proposed Decision

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. Appellants have submitted comments, which 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 regarding how the Assembly should proceed.

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

A. Attorney Evaluation Continued

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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