ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday April 5, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-09

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. March 15, 2010 – Regular Assembly Meeting 2010-07

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 2010-10
An Ordinance Relating To The Public Ways And Property Code User Fees.

King Memo

This ordinance would standardize Title 62 references to the User Fee Schedule. The code has chapters authorizing a fee based on the User Fee Schedule approved by the City Manager. Other chapters reference an Engineering Fee Schedule. The application and inspection fees will reside only in the User Fee Schedule approved by the City Manager and not elsewhere within chapters under Title 62.

In addition to the ordinance, there are recommended changes to the General Engineering items listed on the current fee schedule. Engineering fees have not been changed since 1990 and need to be updated in an attempt to align them with current expenses.

Based on previous year’s General Engineering permit fees, the proposed increase would generate approximately $1,430 more revenue than last year. The increase was calculated at 1.09% over rates set in 1990.

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

b. Ordinance 2010-11
An Ordinance Appropriating Funds From The Treasury For Fiscal Year 2011 City And Borough Operations.

This ordinance would appropriate the City and Borough’s FY11 operating budget, excluding the School District. The Charter requires that a public hearing be held on the FY11 operating budget by May 1, 2010, with adoption by June 15, 2010.

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

c. Ordinance 2010-12
An Ordinance Appropriating Funds From The Treasury For Fiscal Year 2011 School District Operations.

This ordinance would appropriate to the School District an FY11 operating budget of $89,524,800. The School District’s operating budget is.

• General Operations $73,007,700
• Special Revenue (pupil transportation, food service, etc) 6,020,600
• Other Operations (student activities, debt service, grants, etc) 10,496,500
Total Budget $89,524,800

The FY11 school budget is supported with a combination of funding sources that includes local funding of $26,057,000. This consists of $25,399,200 for general operations, $522,800 for student activities ($200,000 is coming from the 1% sales tax), and $135,000 for Community Schools. The $25,399,200 in general operating support is the maximum amount allowed under the State’s Education Foundation Funding Formula.

State Statute requires the Assembly to determine the total amount of local educational funding support to be provided, and notification of the support to the School Board within 30 days of the School District’s budget submission. 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, 2010.

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

d. Ordinance 2010-13
An Ordinance Establishing The Rate Of Levy For Property Taxes For Calendar Year 2010 For The Budget For Fiscal Year 2011.

This ordinance would establish the mill rates for property taxes for calendar year 2010. This ordinance proposes an operational mill levy at 9.26 and the debt mill levy at 1.25, for a total mill levy of 10.51. This is a reduction of 0.09 mills from the calendar year 2009 mill levy of 10.60 mills. As part of the budget review process, the Finance Committee will recommend the final mill levies to the Assembly. By Charter, the final mill levies must be adopted on or before June 15.

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

e. Ordinance 2009-08(AH)
An Ordinance Appropriating To The Manager The Net Sum Of $4,000 As Reimbursement For Staff Continuing Education Training Costs, And To Adjust The Public Library Assistance Grant, Regional Mail Services Grant, And Net Lender Reimbursement Grant For The Actual Amounts Received, Grant Funding Provided By The State Of Alaska Department Of Education And Early Development.

This housekeeping measure appropriates $4,000 to adjust the FY10 Library grant budgets to the actual amounts received. Four grants, as described below, are involved in this adjustment:

1. The Public Library Assistance grant will be adjusted upward from a budgeted $20,510 to the amount received of $20,610, an increase of $100; and,

2. The Regional Mail Services grant will be adjusted upward from a budgeted $90,000 to the amount received of $93,600 a increase of $3,600; and,

3. The Continuing Education grant will be adjusted upward from a budgeted $3,000 to the amount received of $4,500, an increase of $1,500.

4. The Net Lender grant reimburses the library for materials loaned to other Alaska libraries during previous calendar year. Due to changes in lending and borrowing patterns, the Library is no longer eligible for this grant. This measure adjusts the appropriated amount by $1,200 for this grant from the FY10 budget.

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

f. Ordinance 2009-08(AI)
An Ordinance Appropriating To The Manager The Sum Of $443,409 As Funding For The Central Council Of Tlingit And Haida Indian Tribe Of Alaska And City And Borough Of Juneau Joint Roadway Repaving Project, Grant Funding Provided By The Central Council Of The Tlingit And Haida Indian Tribes Of Alaska.

CBJ-CCTHITA Agreement

This ordinance would appropriate $443,409 for resurfacing specific CBJ roads. The Central Council of the Tlingit and Haida Indian Tribes of Alaska (CCTHITA) has secured American Recovery and Reinvestment Act (ARRA) funding through the USDOT Federal Highway Administrations Indian Reservation Roads Program. CBJ and CCTHITA have been working together to identify roads that are included on both the CCTHITA roads inventory and CBJ’s priority list for resurfacing. CCTHITA has asked CBJ to manage the Joint Roadway Repaving project.

A reimbursable services agreement for the full amount has been executed with CCTHITA to reimburse the CBJ for the project costs. The Joint Roadway Repaving project will rehabilitate the following streets:

• Renninger Street
• Salmon Creek Lane
• Amalga Street
• F Street (Downtown)
• John Street (Douglas)

The Public Works and Facilities Committee approved this action at its March 22, 2010 meeting.

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

2. Resolutions

a. Resolution 2525
A Resolution Expressing Assembly Support For Amendments To The Fisheries Business Tax To Share More Of The Tax Revenues With Qualified Alaskan Municipalities
.

This resolution, adapted from the City of Petersburg’s City Council, expresses Assembly support for adoption by the Legislature of changes to the Fisheries Business Tax to increase the amount of the tax revenue shared with qualified municipalities.

I recommend this resolution be adopted.

b. Resolution 2526
A Resolution Authorizing The Manager To Enter Into An Amendment To The City And Borough PERS Plan To Allow The Fire Chief Position To Be Re-Included In PERS.

The Manager would like to have the Fire Chief position re-included in the CBJ’s PERS agreement with the State of Alaska, Division of Retirement and Benefits. This position used to be covered in CBJ’s PERS agreement, and was temporarily removed to accommodate the outgoing Fire Chief. Retirement benefits are part of a standard compensation package for positions at this level.

I recommend this resolution be adopted.

3. Transfers

a. T-910

Impact of Budget Action

This request would authorize the transfer of $28,961 from the completed Waterfront Planning Capital Improvement Project (CIP) to the ongoing Open Space Waterfront Land Acquisition CIP.

The Public Works and Facilities Committee approved this action at its March 22, 2010 meeting.

I recommend this transfer be approved.

b. T-911

Impact of Budget Action

This request would authorize the transfer of $14,606 from the completed Preliminary Land Planning CIP to the ongoing Waterfront Seawalk CIP.

The Public Works and Facilities Committee approved this request at its March 22, 2010 meeting.

I recommend this transfer be approved.

c. T-913

Impact of Budget Action

This request would authorize the transfer of $361,323 to close four completed CIPs to five ongoing CIPs. The projects and transfer amounts are shown below in the tabulation from the Impact of Budget Action included in the packet:

Transferring From: CIP Status
Bus Passenger Shelters $ 62,187 Close
Cannibal Treatment Eval 20,000 Close
Pump Stations & System Imp 100,000 On-going
Salmon Creek Assessment 30,000 Close
Mill Tunnel Reservoir System Improvements 149,136 Close
Total Amount of Transfers From $ 361,323

Transferring to Ongoing CIPs
Capital Transit Bus Shelters $ 62,187
Biosolids Disposal Assessment 20,000
Areawide Water Main Repairs 100,000
Salmon Creek Secondary Disinfection 30,000
Last Chance Basin Hydro Geo. 149,136
Total Transfers To: $361,321

The Public Works and Facilities Committee approved this action at its March 8, 2010 meeting.

I recommend this transfer be approved.

4. Bid Award

a. Bid E10-186, Wood Duck Avenue Reconstruction

Bids were opened on March 23, 2010. The bid protest period expired at 4:30 p.m. on March 24, 2010. Results of the bid opening are as follows:

Project Manager:  Paul Beck

This Project consists of reconstruction of portions of Wood Duck Avenue and Poplar Avenue. The work consists of installing a new underground storm drainage system, including an underdrain system, replacement of the sanitary sewer system, and miscellaneous work.

Funding Source: Alaska FY10 Area Wide Sales Tax
Total Project Funds: Approximately $1,475,000
CIP No. 422-46
Construction Encumbrance: $1,063,197
Construction Contingency: Approximately $100,000
Consultant Design: $112,500
Consultant Contract Administration/Inspection: Approximately $75,000
CBJ Administrative costs: $35,000

I recommend award of this project to Admiralty Construction, Inc., in the total amount bid, for an award of $1,063,197.

b. Bid E10-187, Casey Shattuck Reconstruction, Phase V

Bids for this project were opened on March 11, 2010. The bid protest period expired at 4:30 p.m. on March 12, 2010. Results of the bid opening are as follows:

Project Manager: Michele Elfers

Project Description: The work consists of: installation of an underground storm drainage system, replacement of water system and some segments of the sanitary sewer system, replacement of the roadway embankment to a 24-inch depth, new asphalt pavement, concrete sidewalks and curb and gutter, removal and replacement of fences, relocation of landscaping items, removal of trees and shrubs, and miscellaneous related work.

Funding Source: CBJ Area Wide Street Sales Tax and Water Fund.
Total Project Funds: $2,100,000
CIP No. 422-45
Construction Encumbrance: $1,221,904
Construction Contingency: Approximately $120,000
Consultant Design: $135,000
Consultant Contract Administration/Inspection: approximately $100,000
CBJ Administrative costs: Approximately $40,000

I recommend award of this project to Arete Construction Corp., in the total amount bid, for a total award of $1,221,904.

VIII. PUBLIC HEARING

A. Ordinance 2010-07
An Ordinance Authorizing The Port Director To Negotiate And Execute An Amendment To The City And Borough's Lease With Douglas Island Pink And Chum, Inc., To Add Certain Tidelands To The Existing Leased Property Located Near Channel Drive.

Exhibit A

This ordinance would authorize the Port Director to negotiate an amendment of the tidelands lease with Douglas Island Pink and Chum, Inc. (DIPAC) to add additional tidelands. The requested tidelands are immediately seaward of the tidelands under an existing lease.

The tidelands (ADL 104320) have been conveyed to the CBJ Docks and Harbors by the Alaska Department of Natural Resources (DNR) under AS 38.05.825. DNR originally entered into the DIPAC lease in October 1992. This lease was conveyed to CBJ in February 2001.

The Docks and Harbors Board reviewed the lease amendment proposal at its meeting of January 8, 2009, and approved this action.

The Assembly Lands Committee approved this action at its March 8, 2010 meeting.

I recommend this ordinance be adopted.

B. Ordinance 2010-08
An Ordinance Authorizing the Port Director to Negotiate and Execute an Amendment to the City and Borough's Lease with Channel Construction, Inc., to Add Certain Tidelands to the Existing Leased Property Located Near Channel Drive.

Exhibit A

This ordinance would authorize the Port Director to negotiate an amendment of the tidelands lease with Channel Construction, Inc. to add additional tidelands. The requested tidelands are immediately seaward of the tidelands under an existing lease.

The tidelands (ADL 2193) have been conveyed to the CBJ Docks and Harbors by the Alaska Department of Natural Resources (DNR) under AS 38.05.825. DNR originally entered into the Channel Construction lease in April 1961. This lease was conveyed to CBJ in February 2001.

The Docks and Harbors Board reviewed the lease amendment proposal at its meeting of December 3, 2009, and approved this action.

The Assembly Lands Committee approved this action at its March 8, 2010 meeting.

I recommend this ordinance be adopted.

C. Ordinance 2010-09
An Ordinance Providing For The Issuance And Sale Of General Obligation Bonds In One Or More Series In The Aggregate Principal Amount Of Not To Exceed $13,580,000; And Providing The Form And Terms Of The Bonds And For Unlimited Tax Levies To Pay The Bonds Authorized By The Voters For The Pool Facility And Gastineau Elementary School.

This ordinance would authorize the issuance of $13.58 million in General Obligation Bonds approved by the voters. Of this amount, $7.58 million is from the October 2, 2007 voter approval for the Dimond Park Aquatic Center (DPAC) construction and $6 million is from the October 6, 2009 voter approval for the Gastineau Elementary School renovations.
The CBJ has previously issued $12,220,000 of the original $19.8 million in bonds approved for the DPAC. The voter authorization for the Gastineau School is $11.8 million. The Engineering Department has estimated that only $6 million of this amount will be needed for the project during the next 18 to 24 months. The remaining balance ($5.8 million) is planned for issue in late 2011 or early 2012.

I recommend this ordinance be adopted.

D. Ordinance 2009-08(AD)
An Ordinance Transferring To The Manager The Sum Of $400,000 As Funding For The Bartlett Information Systems Building Demolition And Parking Lot Capital Improvement Project, Funding Provided By Bartlett Regional Hospital Fund Balance.

Economic Impact Note

This ordinance would set up a new CIP and transfer $400,000 from Bartlett Regional Hospital’s fund balance to provide the necessary funding for asbestos abatement and demolition of the building used by Information Systems and the construction crew during the Project 2005 construction project. The building will be replaced by a 50-space parking lot.

The Hospital Board approved this action at its March 24, 2009 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2009-08(AE)
An Ordinance Appropriating To The Manager The Sum Of $914,389 In State Of Alaska Stimulus Grant Funding And De-Appropriating $914,389 In General Operating Revenues Previously Appropriated.

Economic Impact Note

This ordinance would appropriate $914,389 in Federal stimulus funds being passed through the State to CBJ. These Federal funds are being allocated using the same formula used for the State’s Community Revenue Sharing Program. The funds will be used to supplant general operating funds. Appropriating these grant funds will allow CBJ to help balance the budget and retain staffing in FY11. This revenue source has already been accounted for to help reduce the budget deficit identified in the FY11 and FY12 biennial budget projections previously provided to the Assembly Finance Committee.

I recommend this ordinance be adopted.

F. Ordinance 2009-08(AF)
An Ordinance Appropriating To The Manager The Sum Of $2,000 As Funding for Avalanche Training, Grant Funding Provided by the State of Alaska Department of Military and Veterans Affairs.

Economic Impact Note

This ordinance would appropriate a $2,000 grant from the Alaska Department of Military and Veterans Affairs for Juneau Avalanche Training.

These funds are slated to support the goals and activities of Capital City Fire/Rescue, as well as other response agencies. Activities funded by this grant include:

Free Public Avalanche Awareness Training
Free Public Companion Rescue Training
Two eight-hour days of training at the Eaglecrest Ski Area for Capital City Fire/Rescue, Eaglecrest Ski Patrol, Juneau Mountain Rescue, and SEADOGS. Training to be provided by Swiss Alpine Rescue Trainer Manuel Genswein.

There is no match requirement for this grant.

I recommend this ordinance be adopted.

G. Ordinance 2009-08(AG)
An Ordinance Appropriating To The Manager The Sum Of $19,750 As Funding For The Juneau Haz-Mat Response Team To Attend The 2010 Alaska Shield Exercise, Grant Funding Provided By The State Of Alaska Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate $19,750 from a grant provided by the State of Alaska Department of Military and Veterans Affairs, Division of Homeland Security and Emergency Management, paying for all expenses associated with participation of the Juneau Haz-Mat Response Team in the 2010 Alaska Shield Exercise.

Members of the Juneau Haz-Mat response team will travel to Anchorage and participate in an exercise simulating a statewide response to a hazardous materials incident associated with the Alaska Shield exercise.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Supplemental Agreement – Streets Wing Addition.

Staff recommends execution of a Supplemental Agreement of approximately $330,000 to allow the current contractor, North Pacific Erectors, to perform site work necessary for the Consolidated Public Works Facility Streets Wing Addition, which would provide significant cost and timesavings for the project. Per CBJ Charter and policy, Supplemental Agreements greater than $250,000 require a public interest finding and Assembly Approval.

The building portion of the Streets Wing Addition is scheduled to go out to bid in June 2010, with ultimate project completion scheduled for April 2011, if the Supplemental Agreement is approved (August 2011 if Supplemental Agreement is not approved).

The Public Works and Facilities Committee approved this action at its March 22, 2010 meeting.

I recommend approval of this Supplemental Agreement.

B. Memorandum of Agreement Pertaining to the Extension of the North Douglas Highway.

C. Export Manufacturing Exemption Requests.

Applications

CBJ 69.10.020(10) provides for exempting qualifying manufacturing property from assessment and taxation. Qualifying property may receive a declining five-year percentage exemption from the property’s market value as follows:

• 100% exemption in year 1
• 80% exemption in year 2
• 60% exemption in year 3
• 40% exemption in year 4
• 20% exemption in year 5

Property owners seeking an exemption must file a request with the Assessor’s Office on or before January 31 of each year. The code places the authority for approving the manufacturing exemption requests with the Assembly.

The Assessor’s Office has received three property manufacturing exemption requests for the 2010 tax year (FY11 budget year).

1. Alaska Glacier Seafoods, Inc. filed a manufacturing exemption for machinery, equipment totaling $64,496.30 ($683.66 in property tax). In addition, Alaska Glacier Seafoods has $647,881.08 in property qualifying from prior years, for a total 2010 assessment exemption of $712,377.38 or $7,551.20 in property taxes. The Assessor’s Office has determined that the property requested for exemption meets the code requirements. The Assessor’s Office recommends approval of this exemption request.

2. Taku Smokeries filed a manufacturing exemption for machinery, equipment, computers and software, totaling $53,860 ($570.92 in property tax). In addition, Taku Smokeries has $66,181 in property qualifying from prior years for a total 2010 assessment exemption of $120,041 or $1,272.44 in property taxes. The Assessor’s Office has determined that the property requested for exemption meets the code requirements. The Assessor’s Office recommends approval of this exemption request.

3. Alaskan Brewing Company, LLC filed a manufacturing exemption for machinery, equipment, furniture and fixtures, computers and software, and vehicles totaling $1,713,328 ($18,161.28 in property tax). In addition, Alaskan Brewing has $1,691,890 in property qualifying from prior years, for a total 2010 assessment exemption of $3,405,218 or $36,095.31 in property taxes. The Assessor’s Office has determined that the property requested for exemption meets the code requirements. The Assessor’s Office recommends approval of this exemption request.

I recommend approval of these exemption requests.

D. Liquor Licenses.

Renewals 2010-2011:
1. Package Store Lic. #521: Thibodeau's Market Inc. d/b/a Home Liquor - location 465 W. Willoughby

2. Package Store Lic. #661: Thibodeau's Market Inc. d/b/a Kenny's Liquor Market - location 619 Willoughby Ave.

3. Package Store Lic. #1129: Thibodeau's Market Inc. d/b/a Liquor Barrel - location 5235 Glacier Hwy.

4. Package Store Lic. #4422 Thibodeau's Market Inc. d/b/a Thibodeau's Valley Liquor - location 9106 Mendenhall Mall Road

5. Restaurant/Eating Place Lic. #4405: Tides Complex Inc. d/b/a Dragon Inn - location 5000 Glacier Hwy.

6. Beverage Dispensary Lic. #3755: Tailwind Inc. d/b/a Hangar on the Wharf - location #2 Marine Way

7. Beverage Dispensary-Duplicate Lic. # 4788: Tailwind Inc. d/b/a Hangar on the Wharf Pizzeria Roma - location #2 Marine Way, Suite 104

8. Beverage Dispensary-Duplicate Lic. # 4797: Tailwind Inc. d/b/a Hangar on the Wharf Ballroom - location #2 Marine Way, Suite 105

9. Restaurant/Eating Place Lic.# 3733: Up The Creek Inc. d/b/a The Twisted Fish Company - location 550 S. Franklin St.

10. Beverage Dispensary Lic.# 4842: Catapult, Inc. d/b/a Flight Deck - location #2 Marine Way, Suite 128

Transfers & Applications for Restaurant Designation Permits:

11. Transfer of Restaurant/Eating Place Lic. #3733 FROM Up the Creek Inc. d/b/a The Twisted Fish Company location 550 S. Franklin TO Catapult Inc. d/b/a Flight Deck location #2 Marine Way, Suite 128 and Application for a Restaurant Designation Permit.

12. Transfer of Beverage Dispensary Lic. # 4842: FROM Catapult Inc. d/b/a Flight Deck location #2 Marine Way, Suite 128 TO Up the Creek Inc. d/b/a The Twisted Fish Company location 550 S. Franklin and Application for a Restaurant Designation Permit.

The above-listed liquor licenses 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.

The Human Resources Committee is scheduled to meet at 5 PM, Monday, April 5, 2010, and will be forwarding recommendations regarding these licenses. Enclosed in your Human Resources Committee packets are full sets of the relevant documents pertaining to these actions. In the event the Assembly does protest one or more of the above-mentioned liquor licenses, CBJ Code 20.25.025(c) provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

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
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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