City and Borough of Juneau Assembly

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


Monday April 26, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-13

 

Submitted by: Rod Swope, City Manager

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. United Way – Compass III          McDowell Group Report [red folder]
B. Employee Recognition - Joanie Waller – PRISM
C. Employee Recognition – Debra Purves Retiring
D. Employee Recognition – Eric Mohrmann

IV. APPROVAL OF MINUTES

A. April 3, 2010 – Special Assembly Meeting 2010-08 – Solid Waste Retreat
B. April 5, 2010 – Regular Assembly Meeting 2010-09
C. April 12, 2010 – Special Assembly Meeting 2010-10
D. April 14, 2010 – Special Assembly Meeting 2010-11

E. April 21, 2010 - Special Assembly Meeting 2010-12

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 2010-14
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of U.S. Survey 2135 Tract 1, Tract A, U.S. Survey 2135, Tract II, And U.S. Survey 2305 Lot 15, Located In North Douglas, Currently Zoned D-3, To D-18, With Conditions.

 

Map

Staff Memo

 

The applicant is requesting a zone change from D-3 to D-18, for this site, located on the North Douglas Highway. The site is shown in the 2008 Comprehensive Plan as a mix of Urban Low Density (UDLR) and Urban Low Density Residential transition Medium Density Residential (ULDR (T) MDR. There is a memo from CDD Director Dale Pernula in the packet.

The Planning Commission, at its March 9, 2010 meeting, recommended the entire area be rezoned to D-18, with the following recommended conditions:

1. Access points for new developments should be aggregated to the extent possible, and access roads should be spaced at least one-quarter mile from adjacent access roads, when possible.

2. A 50-foot no development buffer beyond what is needed to provide access and infrastructure, be established along the highway and where lot lines abut land within a lower-density zoning district.

3. U.S. Survey 2135 Tract 1, Tract A, and U.S. Survey 2305, Lot 15, will share one access to Douglas Highway.

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

b. Ordinance 2010-15
An Ordinance Amending The Land Use Code Relating To Fees For Land Use Actions.

This ordinance would increase planning and zoning fees. Land Use Code fees have not been adjusted for inflation since the code was last revised in 1987. In addition to the general fee increase, some categories have been added to increase clarity for permits that have been difficult to classify. Planning and zoning fees projected for FY11 and FY12 are $45,000. This proposed increase would yield an estimated additional $9,000 and more clearly reflect the actual administrative costs.

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

c. Ordinance 2010-16
A Non-Code Ordinance Exempting Certain Property Of The Southeast Alaska Regional Health Consortium And The City And Borough, Adjacent To The Gold Creek Salmon Bake, From Compliance With Certain Sections Of The Land Use Code; Authorizing The Manager To Issue A Subdivision Permit For The Dedication Of A Portion Of The Salmon Creek Lane Right-Of-Way; And Authorizing Salmon Creek Lane To Be Constructed To Lesser Standards.

Exhibit

The Community Development Department (CDD) received a Minor Subdivision application that included the dedication of right-of-way (an extension of Salmon Creek Lane) and a boundary line adjustment. Shortly after processing the application, CDD staff determined that Local Improvement District 90, which was for the extension of Salmon Creek Lane, was approved although the Land Use Code required two sidewalks for rights-of-ways constructed in commercially zoned districts and that there were two encroaching structures.

This non-code ordinance would facilitate the subdivision and dedication of this extension to Salmon Creek Lane right-of-way.

At its regular meeting on Tuesday, April 13, 2010, the Planning Commission reviewed and recommended adoption of this ordinance.

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

d. Ordinance 2009-08(AJ)
An Ordinance Appropriating To The Manager The Sum Of $1,827,000 As Partial Funding For The North Douglas Sewer Expansion, Areas D, E, And F, Jordan Creek East Valley Reservoir And The Lower West Mendenhall Pederson Hill Sewer Expansion Capital Improvement Projects, Grant Funding Provided By The State Of Alaska, Department Of Environmental Conservation.

Economic Impact Statement

CBJ has received the following grant funding from the Alaska Department of Environmental Conservation (ADEC).

 East Valley Reservoir/Jordan Creek Rehabilitation – A $40,000 increase to the existing $446,918 grant.
 North Douglas Sewer Expansion – A $119,000 increase to the existing $1,342,351 grant. Total ADEC grant funding for this project now totaling $4,886,726.
 West Mendenhall Valley Sewer Expansion - $1,562,000 in new grant funding, as well as a $106,000 increase to the existing $1,196,755 grant. Total ADEC grant funding for this project now totals $2,422,755.

Existing local funding in each project provides the required match, between 50-60%.

The Public Works and Facilities Committee approved this action at its November 11, 2009 meeting.

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

e. Ordinance 2009-08(AK)
An Ordinance Appropriating To The Manager The Sum Of $3,640,000 As Partial Funding For The Auke Bay Loading Facility, Phase II, Capital Improvement Project, Grant Funding Provided By The Transportation Investments Generating Economic Recovery (TIGER) Grant Program.

Economic Impact Statement

This ordinance would appropriate a $3.64 million grant from the U.S. Department of Transportation Maritime Administration to fund completion of the Auke Bay Loading Facility.

The grant would allow the Docks and Harbors Board to complete the additive alternate bid components that were not constructed during the initial phase of the project due to lack of funds. The primary elements of work under the grant include additional fill area to the limits of the existing Corps of Engineers Permit, concrete planks for surfacing of the loading ramp, a loading ramp boarding float, water line extension to the main float, increased crane capacity, security fence and gate, equipment building, corrosion protection for steel piling, asphalt paving, and associated work.

The Docks and Harbors Department expects to bid the work as soon as possible, with construction anticipated to be completed in the spring of 2011.

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

2. Resolutions

a. Resolution 2524
A Resolution Authorizing The Docks And Harbors Board To Purchase Lot 4, U.S. Survey 2664, Located At 11755 Glacier Highway In Auke Bay, To Facilitate Construction Of A New Boat Launch Ramp At Statter Harbor.

Exhibit A

This resolution would authorize the Docks and Harbors Board to purchase Lot 4, U.S. Survey 2664, located at 11755 Glacier Highway. The property would be used by CBJ as part of the new boat launch facility being built across from the Squires Rest Building in Auke Bay.

The Board believes the purchase is in the best interests of CBJ because the additional land would allow for a better facility layout and minimize the fill footprint of the new facility. By purchasing the property, CBJ would also avoid having to address impacts on the property that will result from the new facility.

If approved, the purchase will be funded from the Statter Harbor Improvement CIP, which includes sales tax proceeds that were approved by the voters in 2005 and 2007 and federal and state sportfish access grants.

The Docks and Harbors Board approved the purchase of the property in the amount of $630,000 at its February 25, 2010 meeting. The owners have agreed to this purchase price, which is slightly less than the appraised value of $650,000. The Planning Commission reviewed this matter at its April 13, 2010 meeting and recommended the Assembly authorize the purchase. The Assembly Lands Committee reviewed the proposed purchase at its April 19, 2010 meeting and recommended the Assembly authorize the purchase.

I recommend this resolution be adopted.

3. Transfers

a. T-905, Transferring $160,562 From Floyd Dryden Middle School Renovations Phase I and Phase II, J-D High School Renovation II, And School District Major Maintenance CIPs, To Auke Bay Elementary School Planning/ Improvements And Juneau School District Site Improvements CIPs.

Budget Impact Statement

This ordinance would transfer a total of $160,562 from the Floyd Dryden Middle School Renovations Phase I and Phase II, Juneau-Douglas High School Renovation II, and School District Major Maintenance and allow these CIPs to be closed.

The transferred funds will be distributed as follows: $70,562 to the Auke Bay Elementary School Planning/Improvements and $90,000 to the Juneau School District Site Improvements CIPs. This latter transfer will allow completion of paving at the Floyd Dryden Middle School parking area this summer.

The School Board approved this action at its February 9, 2010 meeting. The Public Works and Facilities Committee approved this action at its January 7, 2010 meeting.

I recommend this transfer be approved.

b. T-909, Transferring $285,447 From Ferry Dock Wharf Widening, S. Ferry Terminal Wharf Extension, and IVF Float Stabilization CIPs To Downtown Cruise Ship Berth Enhancement CIP.

Budget Impact Statement

The following projects have been completed and need to be closed out. The remaining funds, which primarily were received from Port Funds, and Port Development Fees, are proposed to be transferred to the Downtown Cruise Ship Berth Enhancement fund as shown in the following table.

From Account Project Amount Source
H354-73 Ferry Dock Wharf Widening $50,124 Port Funds, Dock Funds
H354-80 S. Ferry Terminal Wharf Extension $203,043 Port Funds, Port Development Fees
H354-94 IVF Float Stabilization $32,280 Port Development Fees, Docks 531
To Account Project Amount
H354-95 Downtown Cruise Ship Berth Enhancement $285,447

The Downtown Cruise Ship Berth Enhancement fund was established to perform associated work at the Cruise Ship Terminal including construction of a new Visitor Center, Port/Customs Building, Upland Improvements to Staging/Parking Area, and Cruise Ship Dock Re-Build. The account currently has $10,098,696 as of March 23, 2010. With the proposed transfer the account would have $10,384,143.

The Public Works and Facilities Committee approved this action at its April 19, 2010 meeting.

I recommend this transfer be approved

c. T-912, Transferring $94,015 From Juneau Douglas City Museum Lighting Upgrade and Entry Way Improvements CIPs To Juneau Douglas City Museum Remodel CIP.

Budget Impact Statement

This action would transfer $94,015 from two Juneau Douglas City Museum maintenance Capital Improvement Projects (CIP) to the Juneau Museum Remodel CIP. This transfer is a consolidating housekeeping measure to simplify the accounting and tracking of the Museum Remodel.

From:
CIP P396-80 JDCM Lighting Upgrade $49,815
CIP P396-84 JDCM Entry Way Improvements $44,200

To:
CIP P396-67 JDCM Remodel $94,015

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

I recommend this transfer be approved.

VIII. PUBLIC HEARING

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

Staff 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 be set out 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, and more clearly reflect the actual administrative costs.

I recommend this ordinance be adopted.

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 referred to the Assembly Finance Committee.

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

This ordinance will appropriate to the School District an FY11 operating budget of $89,524,800. The School District’s operating budget consists of the following functions.

• 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 School District’s FY11 budget request is supported with 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.

Charter section 13.6(b), requires that the Assembly determine the amount of local educational funding support to be provided for school purposes, and provide notification to the Board, within 30 days of the School District’s budget submission and appropriate the funding support no later than May 31, 2010. To meet the 30-day timing provision, a motion to set the amount of local funding support at $25,399,200 (the maximum allowed under the State’s funding formula) is included under New Business.

The School District’s funding request was reviewed by the Assembly Finance Committee on April 7, 2010 and the recommendation was that the ordinance be referred by the Assembly to the Finance Committee for further review.

I recommend this ordinance be referred to the Assembly Finance Committee.

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 an overall 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 referred to the Assembly Finance Committee.

E. Ordinance 2009-08(AH)
An Ordinance Appropriating To The Manager The 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.

A summary of the Library FY10 Grant budget as adjusted by this ordinance is shown in the table below.

ADJUSTMENTS TO LIBRARY GRANTS
Grant FY10 Budget Increase (Decrease) Revised FY10 Budget
Public Library Assistance $20,510 $ 100 $20,610
Regional Mail Services 90,000 3,600 93,600
Continuing Education 3,000 1,500 4,500
Net Lender 1,200 (1,200) 0
TOTAL $114,710 $4,000 $118,710

I recommend this ordinance be adopted.

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.

This ordinance would appropriate $443,409 for resurfacing 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 adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Resolution 2519
A Resolution Adopting The City And Borough Capital Improvements Program For Fiscal Years 2011 Through 2016, And Establishing The Capital Improvement Project Priorities For Fiscal Year 2011.

This resolution would adopt the Capital Improvement Program for Fiscal Years 2011 through 2016, as required by Charter Section 9.4, and lists the capital projects that will be undertaken in FY 2011 using CBJ sales tax funds and Marine Passenger Fees.

The Capital Improvement Program and list of projects were reviewed and approved by the Public Works and Facilities Committee at its meeting of April 19, 2010.

I recommend this resolution be referred to the Assembly Finance Committee.

B. Local Funding Support For Education - Motion

This is the School District funding motion noted in the Manager’s Report for Ordinance 2010-12. Charter section 13.6(b) requires that the Assembly determine the amount of local educational funding support for school purposes and provide notification to the School District within 30 days of its budget submission or the amount requested by the School District is automatically approved. The $25,399,200 being recommended for the School District’s FY11 general operating support, by this motion, is the maximum amount allowed under the State’s funding formula. This amount excludes the requested $657,800 in funding that falls outside of the funding cap..

The School District’s funding request was reviewed by the Assembly Finance Committee on April 7, 2010. The Committee recommended that $25,399,200 be approved in this motion.

I recommend the Assembly adopt a motion setting the amount of local funding support for the Juneau School District’s FY11 General Operating Budget at the maximum amount allowed under the State’s funding formula of $25,399,200.

C. Regulations – Title 03, Chapter 41, Residential Onsite Wastewater Treatment System.

This regulation would update and “streamline” the existing on-site wastewater regulations. The changes would allow property owners who fall under these regulations to contract directly with approved service providers for maintenance and inspection of their sewer systems.

This change will allow for property owners to acquire necessary service for less money, and will ensure that the intent of the regulations is maintained.

CBJ 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 Engineering Department 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 amend the regulation

D. Airport Regulations – Title 07, Chapter 10 Rates and Fees

Adoption of this amended Rates and Fees Regulation will assist the Airport in its mandate to remain as financially self-sufficient as possible, while operating within national revenue generating norms and simplify other types of fees charged by the Airport. The Airport would like to implement this amended regulation as of July 1, 2010.

Changes to Rates and Fees: These proposed increases to Airport Rates and Charges will assist in balancing the Airport’s FY11 budget. The increases to the rates and fees generate a nominal revenue increase. Increase to the initial and renewal badge fee is simply a pass-through for the airport. The Transportation Security Clearinghouse (TSC) has increased the fee for mandatory Security Threat Assessment (STA) upon initial and annually. This is simply being passed along to the badge-holder. The rates apply to all badges issued by the Airport since TSA mandated that all persons accessing the perimeter now be badged.

Additionally, the Airport needed to specify non-aviation land lease rates. To meet FAA grant assurances and industry standards, the Airport has now specified that non-aviation land lease rates may still be negotiated, but will start with minimum of 25% over the highest aviation land lease rate. While this will generate some revenue, the updated language will now provide a minimum standard for non-aviation rates. This also means that rates will remain consistent upon any change of the base rates.

Finally, the Airport needed to raise the monthly rate of the rental car ready lot. The ready car lot is located adjacent to the terminal; providing prime parking and convenience. The monthly space rent is only slightly higher than rate established for the employee parking lot located much further away. The increase will begin to establish a differential prime parking rate from other rates.

Revenue Increase

Badge Fees: The increase of $5/badge (from $10 to $15) for both initial and renewed badges would result in an $8,000 revenue increase annually. However, this is simply to offset the corresponding pass-through charges to the Airport and would essentially be revenue neutral.

Non-Aviation Land Lease Rate: Since the majority of non-aviation rates are inconsistent the rate of increase would vary by company. Based on current rates, the Airport expects to increase revenues $8,900, annually.

Rental Car Ready Lot Rate: The monthly increase of $10/space (from $50/space to $60/space) would generate an additional $15,600 annually.

Total annual revenue increase through rates and fees will be $32,500.

CBJ 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 amend the regulation. Unless the Assembly directs otherwise, the Airport will issue the regulations with an effective date of July 1, 2010.

E. Liquor Licenses.

1. Beverage Dispensary License #76 Arctic Bar – Arctic Bar Inc. d/b/a Arctic Bar, location 148 S. Franklin Street (Ownership Transfer of Corporate Shares)

2. Restaurant/Eating Place License #2812 Transfer of ownership, location, and from a full 2-year license to a seasonal license:
FROM: Mad Greek aka Pizza Verona, 256 S. Franklin, Juneau
TO: Genuine Ventures, LLC d/b/a Tracy’s King Crab Shack,
location: 356 S. Franklin.

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

The Human Resources Committee met earlier this evening, Monday, April 26, 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