ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday September 21, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-19


I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. August 24, 2009 – Regular Assembly Meeting 2009-18

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 2009-20
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of A Portion Of Alaska Tidelands Survey No. 43, Located At Approximately 1.5 Mile North Douglas Highway On Gastineau Channel, For An Existing Mobile Home Park Known As Waterside Park, And Waterfront Related Uses.

Exhibit A

This ordinance would authorize the Port Director to negotiate the renewal of a tidelands lease with Myron Klein for a portion of Alaska Tidelands Survey No. 43. The leased property has been used for many years for a portion of Waterside Park, a 32-space mobile home park located at 5010 North Douglas Highway.

This was originally a State tidelands lease. Administration of the lease was transferred to the CBJ in 2001 when ATS No. 43 was conveyed to the CBJ. Mr. Klein, the current leaseholder, has requested that CBJ renew the lease prior to its scheduled renewal date (year 2016) so that the property will remain eligible for long-term financing. The lease rate of $.04 per square foot per year ($6,040 per year) was set by the Docks and Harbors Board in 2008 and that rate would remain in effect for the first five-year term of the new lease.

The Docks and Harbors Board conducted two public hearings on the request for renewal. The Board approved the request at its meeting of August 27, 2009.

The Assembly Lands Committee reviewed the lease proposal at its August 31, 2009 meeting and recommended that the Assembly approve the proposal.

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

b. Ordinance 2009-22
An Ordinance Amending The Land Use Code To Create The Single-Room Occupancy Housing Type And To Amend The Permitting Process For Accessory Apartments.

The proposed ordinance originated with the Affordable Housing Commission (AHC) requesting the Community Development Department (CDD) to prepare an ordinance creating the Single Room Occupancy (SRO) housing type to fulfill an unmet need for small efficiency dwellings in Juneau.

The AHC also asked CDD staff to revise particular sections of the Accessory Apartment provisions of the Land Use Code, specifically to allow detached accessory apartments not connected to a garage and adding greater flexibility to accessory apartment design. The Glory Hole, St. Vincent de Paul, and Housing First have also expressed interest in, and support of, these changes to the Land Use Code. The Affordable Housing Commission reviewed the final draft of the proposed ordinance on August 11 and recommended approval. A public hearing was held at the Planning Commission meeting of August 25, 2009. The Planning Commission recommended approval.

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

c. Ordinance 2009-23
An Ordinance Authorizing The Manager To Convey Lot 14, Block D, Greenwood Subdivision, At Not Less Than Fair Market Value By Negotiated Sale In Support Of The Juneau-Douglas High School Home Building Project.

The Juneau School District has expressed a desire to reinstitute the High School Home Building Program. The Assembly has supported the Program for a number of years by conveying land at no less than fair market value. The Assessor’s office reviewed the value of the property and concluded that the $65,000 assessed value is also representative of fair market value. An independent fair market value appraisal is currently being performed to facilitate negotiations for a purchase price, including consideration for site development costs. The appraisal and proposed purchase price for the property will be available prior to the public hearing for this agenda item. The Lands Committee passed a motion of support for the conveyance at its June 8, 2009 meeting. The Assembly passed a motion of support to allow the Manager to negotiate a sale of the property to the Juneau School District at its June 8, 2009 meeting.

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

d. Ordinance 2009-08(P)
An Ordinance Appropriating To The Manager The Sum Of $131,400 As Funding For The Juneau Arts And Cultural Center, Grant Funding Provided By The United States Department Of Energy.

This ordinance would appropriate an Energy Efficiency and Conservation Block Grant (EECBG) from the U.S. Department of Energy in the amount of $131,400. This grant would be used to remove and replace the roofing system and remove existing high-bay windows and install new high-performance (triple-glazed) vinyl frame windows at the Juneau Arts and Culture Center. There is no match requirement for this grant.

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

e. Ordinance 2009-08(Q)
An Ordinance Appropriating To The Manager The Sum Of $9,885 As Funding For The Purchase And Implementation Of A Crash Data Retrieval System, Grant Funding Provided By The Alaska Department Of Transportation And Public Facilities.

Economic Impact Note

This ordinance would appropriate $9,885 for the purchase and implementation of a crash data retrieval system. Funding is provided by a grant from the State of Alaska Department of Transportation and Public Facilities, Alaska Highway Safety Office.

The Crash Data Retrieval system allows officers to retrieve information from vehicles equipped with “Event Data Recorders” that record driver inputs and vehicle movements when the vehicle is involved in a collision.

This grant has a $7,561 match requirement. $5,561 of that match requirement will be met with expenses of training time for two (2) officers to be accurately trained in using the system. The remaining $2,000 of the match requirement will be met with the purchase of a laptop for the crash data retrieval software.

The total cost of the system will be $17,446.

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

2. Resolutions

a. Resolution 2494
A Resolution Of The Assembly Of The City And Borough Of Juneau, Alaska, Fixing The Final Principal Amounts And Interest Rates Of The City And Borough’s General Obligation Bonds, 2009 Authorized By Ordinance Serial No. 2009-13.

Revised Version of Resolution 2494 from Bond Counsel - dated 9/18/2009

This resolution would accept the bids for the sale of $12.345 million in General Obligation Bonds, plus an estimated $413,000 in bond premiums. The bonds being sold consist of $11.205 million of 15-year bonds approved by the voters on October 2, 2007 for the Dimond Park Aquatic Center (DPAC) and $1.14 million in 10-year bonds approved by the voters on October 7, 2008 for the Dzantik’i Heeni (DZ) Middle School Covered Playground. In addition, premiums will add $353,000 to the DPAC and $60,000 to the DZ Covered Playground projects. These bonds are being sold through the Alaska Municipal Bond Bank Authority. Some of the bonds will be issued under the new federal Buy America Bonds (BABs) program. Under the BABs program, bonds are sold as taxable bonds with the federal government reimbursing 35% of the bond interest costs. The bond bids will be analyzed to determine the best combination of BABs and conventional tax-exempt financings that results in the least total cost to CBJ.

These projects qualify for partial reimbursement under the State’s School Construction Bond Debt Reimbursement Program. The DPAC bonds qualify for approximately 25% and the DZ School bonds for 70% state reimbursement. The reimbursement under the State’s School Construction Bond Debt Reimbursement Program is subject to annual appropriation by the Legislature. The estimated total cost of the debt service, including interest at an average rate of 3.5% (net of the federal reimbursement) for the 10-year bonds and 4.0% (net of federal reimbursement) for the 15-year bonds, is $17.04 million. CBJ expects to receive State reimbursement of $4.91 million, leaving $12.13 million to be paid from local property tax levies. The maximum estimated annual mill levy needed to fund the debt service, assuming full state funding, will be .21 mills or $21 per $100,000 in assessed value.

The resolution in the packet is an example for reference only. It does not contain the name(s) or amount(s) of the winning bidder(s). The bids will be received September 18 and 21, 2009. The standard financial practice is to accept bids as soon as possible after the date of submission. The actual resolution, with the bid amounts, will be presented as a red folder item.

I recommend this resolution be adopted.

b. Resolution 2495
A Resolution Expressing Assembly Support For The Juneau Coordinated Transportation Coalition FY11 Project Ranking Recommendations.

Backup

This resolution would express Assembly support for the Juneau Coordinated Transportation Coalition’s (JCTC) ranking recommendations for Fiscal Year 2011 projects seeking grant funding from Alaska Department of Transportation and Public Facilities (ADOT/PF).

In order for agencies to apply for and receive grants for ADOT/PF Coordinated Transportation projects, ADOT/PF requires that the Assembly approve a project priority process. JCTC conducted a meeting on August 28, 2009 and prioritized the following three projects:

1) $75,000 for continuation of the Southeast Alaska Independent Living taxi voucher program;
2) $50,000 for Southeast Senior Services’ Care-a-Van transportation of clients to/from the Dialysis Center; and
3) $55,000 for purchase of a vehicle to replace REACH’s “Sunshine Coach”.

The Public Works and Facilities Committee reviewed the priority list at its August 31, 2009 meeting and recommended forwarding it to the Assembly for approval.

I recommend this resolution be adopted.

c. Resolution 2496
A Resolution De-Appropriating $5,523,317 Of Federal Aviation Administration Grant Funding From The Runway Safety Area Construction Capital Improvement Project.

Economic Impact Note

This resolution would de-appropriate $5,523,317 in Federal Aviation Administration (FAA) grant funding from the Runway Safety Area (RSA) Construction Capital Improvement Project (CIP).

The Assembly, at its July 13, 2009 meeting, adopted Ordinance 2009-08(B) appropriating $21,100,219 of FAA allocation funding for the RSA Construction CIP.

The RSA construction bid came in several million dollars under the Engineer’s Estimate. Because FAA grant awards may not exceed the actual bid amount, the initial FAA funding allocation (and the CBJ Appropriation) amounts must be reduced to match the actual bid. The amount originally appropriated by the Assembly was $21,100,219; the actual grant award is $15,576,902. A de-appropriation in the amount of $5,523,317 is required for the project budget to accurately reflect the award amount.

The Airport Board, at its September 9, 2009 meeting, approved this action.

I recommend this resolution be adopted.

3. Transfers

a. T-900, Transferring $340,000 From Bayview Subdivision Sewer Outfall Capital Improvement Project To North Douglas Sewer Areas D, E, And F Capital Improvement Project, Funding Provided By A State Of Alaska, Department Of Environmental Conservation Grant.

Impact of Budget Action

This request would authorize the transfer of $340,000 from the Bayview Subdivision Sewer Outfall Capital Improvement Project (CIP) to the North Douglas Sewer Areas D, E, and F CIP. Funding to be provided is a State of Alaska, Department of Environmental Conservation (ADEC) grant.

The North Douglas Sewer ADEC Grant 44582 was split to help fund the Bayview Subdivision sewer connection to the Mendenhall Treatment Plant and to install sewer from Bonnie Brae to the Juneau Douglas (JD) Bridge. The necessary funds have been committed to the final portion of the Bayview Sewer project (replacing the sewer manholes to eliminate groundwater infiltration) and the remaining funds can be moved back into the North Douglas Sewer project. These funds will help complete the final leg of the sewer system from Bonnie Brae to the JD Bridge along the beach (Area E) and begin the next Local Improvement District, which will complete the sewer run along the road from Bonnie Brae to the JD Bridge.

The transfer of the ADEC Grant funds will allow CBJ to maximize the leveraging of sales tax funds. Sufficient ADEC Grant funds will remain after this transfer for maximum leveraging of CBJ funds for completion of the Bayview Sewer manhole project and closeout.

The Public Works and Facilities Committee is scheduled to meet at noon on Monday, September 21, 2009 and will report on its recommendation with regard to this transfer.

I recommend the Assembly adopt the Assembly Public Works and Facilities Committee's recommendations for action from today’s meeting.

b. T-901, Transferring $25,000 In General Sales Tax From The Eaglecrest Lodge Improvements Capital Improvement Project (CIP), And $4,019 In Areawide Street Sales Tax, From The Federal Aviation Administration (FAA) Cable CIP To The Eaglecrest Mid-Mountain Chairlift CIP.

Impact of Budget Action

This request would authorize the transfer of $29,019 from two Capital Improvement Projects (CIP); $4,019 from the Eaglecrest FAA Cable CIP, and $25,000 from the Eaglecrest Lodge Improvements CIP to the Eaglecrest Mid Mountain Chairlift CIP.

The Mid-Mountain Chairlift is a used chairlift and some parts were found to be beyond their useful life. Repairs needed included re-splicing of the haul rope (due to cable stretch), additional welding and fabrication of chair guides, and installation of voltage regulators on North Douglas Highway. The Eaglecrest FAA CIP is complete and will be closed as a result of the transfer.

The transfer of $29,019 will provide the necessary funding to complete the Mid-Mountain Chairlift project.

The Public Works and Facilities Committee is scheduled to meet at noon on Monday, September 21, 2009 and will report on its recommendation with regard to this transfer.

I recommend the Assembly adopt the Assembly Public Works and Facilities Committee's recommendations for action from today’s meeting.

VIII. PUBLIC HEARING

A. Ordinance 2009-16(b)
An Ordinance Repealing And Reenacting The Building Regulations, And Amending The Fire Code Fine Schedule And The Building Code Fine Schedule.

This ordinance would repeal CBJ Title 19, the Building Regulations Code, and reenact Title 19 based on the 2006 model codes, with modifications recommended by the Building Code Advisory Committee (BCAC). The model codes include the 2006 International Building Code, Fire Code, Fuel Gas Code, Property Maintenance Code, Existing Building Code, Residential Code, Mechanical Code, the 2006 Uniform Plumbing Code, and the 2008 National Electrical Code. The ordinance would also modify the Building Code Fine Schedule and the Fire Code Fine Schedule.

The BCAC, CBJ Building Code Official, and the CBJ Fire Marshal met over the past 2.5 years and carefully reviewed each of the codes. They incorporated the State Fire Marshal’s modifications and the local modifications, and they recommend approval.

At its meeting on June 22, 2009, the Public Works and Facilities Committee (PWFC) recommended an ordinance be prepared for the Assembly’s consideration. With this ordinance, the CBJ would be on the same edition of the codes as currently adopted by the State of Alaska, which would greatly assist designers, contractors, and CBJ staff.

Version (b) incorporates changes recommended by the Law Department and reviewed by Deb Purves, Building Code Official. Most of the changes in version (b) are housekeeping corrections; no changes were made to the intent of proposed changes reviewed by the BCAC and what was presented to the PWFC at its June 22 meeting.

I recommend this ordinance be adopted.

                                          ********************************************

This ordinance is 288 pages, so for viewing on the website, we have separated it into chapters:

B. Ordinance 2009-08(J)
An Ordinance Appropriating To The Manager The Sum Of $7,500 As Partial Funding For The Local Emergency Planning Committee Program, Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate $7,500 for the Local Emergency Planning Committee (LEPC) program. The funding is provided by a grant from the State of Alaska, Department of Military and Veterans Affairs.

These funds are slated to support the goals activities of the Local Emergency Planning Commission, such as:

• LEPC support services
• Office supplies and expenses
• Equipment
• Outreach projects
• Promotional materials

I recommend this ordinance be adopted.

C. Ordinance 2009-08(K)
An Ordinance Appropriating To The Manager The Sum Of $9,600 As Funding For The Purchase Of Equipment To Be Used In Oil And Hazardous Materials Response Activities, Grant Funding Provided By The State Of Alaska, Department Of Environmental Conservation.

Economic Impact Note

This ordinance would appropriate $9,600 in grant funding from the Alaska Department of Environmental Conservation for equipment purchases for oil and hazardous materials response activities.

The funding will be used for the purchase of specific items used to respond to hazardous materials incidents by the Capital City Fire/Rescue Haz-Mat Response Team. No match is required for this grant.

I recommend this ordinance be adopted.

D. Ordinance 2009-08(L)
An Ordinance Appropriating To The Manager The Sum Of $800,000 As Funding For The Purchase Of Two Buses For Capital Transit And Two Paratransit Vans For Care-A-Van, Grant Funding Provided By The State Of Alaska, Department Of Transportation And Public Facilities.

Economic Impact Note

This ordinance would appropriate $800,000 in grant funding provided by the Alaska Department of Transportation and Public Facilities (DOT/PF) for the purchase of two buses for Capital Transit, and two paratransit vans for Care-A-Van.

This grant is provided under the American Recovery and Reinvestment Act (ARRA) and the Transportation Investment Generating Economic Recovery (TIGER) Program. The funds will be used to purchase two 35-foot buses for the Capital Transit fleet and two paratransit vans for the Care-A-Van fleet. The grant will cover the entire cost of these purchases. There is no matching requirement.

I recommend this ordinance be adopted.

E. Ordinance 2009-08(M)
An Ordinance Appropriating To The Manager The Sum Of $4,546,000 As Partial Funding For The Downtown Transportation Center Capital Improvement Project, Grant Funding Provided By The State Of Alaska, Department Of Transportation And Public Facilities, And The United States Department Of Transportation, Federal Transit Administration.

Economic Impact Note

This ordinance would appropriate three grants totaling $4,546,000 for the Downtown Transportation Center Capital Improvement Project (CIP). This grant funding is provided by the State of Alaska, Department of Transportation and Public Facilities (DOT/PF), and the United States Department of Transportation, Federal Transit Administration (FTA).

The three grants are:

• 2009 FTA grant: These funds are the final installment of the four-year FTA grant (04-0015-01). The amount is for an additional $796,000 for construction of the Downtown Transportation Center. This installment brings this grant total to $2,993,110. There is a 20 percent match required for the grant, in the amount of $748,277.50, which will be covered by the DOT/PF grant below.
• DOT/PF grant: This funding was made available to serve as the required local match for the FTA 04-0015-01 grant. The amount is $750,000.
• DOT/PF grant: Through DOT/PF, a total of $3,000,000 of federal economic stimulus funds is available for the Downtown Transportation Center under the American Recovery and Reinvestment Act. No match is required for these funds.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Ordinance 2009-12(c)
An Ordinance Amending the Animal Control Code.

This ordinance would update the Animal Control Code to include the existing Parks and Recreation Dog Regulations, which were last updated in 2007, and many other general updating and housekeeping items. The Animal Hearing Board has reviewed the proposed changes, as has the director of the Gastineau Humane Society. Version (c) added changes in an attempt to address public comments received.

I recommend this ordinance be adopted.

Dog and Domestic Animals in CBJ Parks and Recreation Area Regulations

Attorney Memorandum

X. NEW BUSINESS

A. Liquor License
Restaurant Designation Permit Application
Fervid Enterprises d/b/a Solstice Bar/Lounge

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 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 Assembly, at its meeting of May 18, 2009, adopted a motion to waive its right to protest the renewal of the Fervid Enterprises, LLC, Beverage Dispensary License. The Human Resources Committee met earlier this evening, Monday, September 21, and will report on its recommendation with regard to this permit application.

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

B. Airport Rates and Fees Regulation Change

This regulation update adopts three changes to the Airport Rates and Fees regulation, 07 CBJAC 10.020(c)(1) Air Carrier Terminal Lease Rates: Change the description for East Wing Counter Space to decrease leased area; increase the rate for East Wing Counter Space; and increase the rate for the Departure Lounge. These changes affect only Alaska Airlines, and have been promoted at its request. The changes will decrease its leased area, without changing revenue to the Airport.

There is no financial impact to the Airport from this regulation change.

These changes were advertised for public comment from August 3, 2009, through August 26, 2009 and no public comments were received.

The Airport Board approved this action at its September 9, 2009 meeting.

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 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.

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.

C. Docks and Harbors – Amending the Shorepower Access Fees Regulation

The Docks and Harbors Board is proposing to amend the Shorepower Access Fees regulations to make the previously temporary emergency regulations for emergency cost of power adjustments (ECOPA) permanent.

The avalanche-related hydroelectric power outages the past two winters resulted in the need for emergency meetings of the Docks and Harbors Board to approve emergency regulations authorizing the adjustment of electric rates passed through to Harbor patrons, as well as Assembly approval of the emergency regulations. These proposed regulations would provide the Board with standing authority to pass through an ECOPA to Harbor patrons during such times as AEL&P applies an ECOPA due to a primary hydroelectric facility being offline.

The Docks and Harbors Board conducted two public hearings on the regulations. The Board adopted the regulations at its August 27, 2009 meeting.

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

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 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 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.

D. Docks and Harbors – Amending the Small Boat Harbor Fees and Charges Regulation

The Docks and Harbors Board is proposing to amend the small boat harbor fees and charges regulations to reduce the rate charged for crane use at harbor facilities from the current $40.00 for the first hour of use and $30.00 for each additional hour, to 25 cents per minute of use ($15.00 per hour). The amendment would also eliminate the annual use permit which costs $350.00.

The Docks and Harbors Board conducted two public hearings on the regulation. The Board adopted the regulation at its August 27, 2009 meeting.

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

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 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 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.

XI. STAFF REPORTS

A. H1N1 Update – City Manager

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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