ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Wednesday, May 19, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-14

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Juneau Alaska Youth for Environmental Action
B. Employee Recognition – Pat McGonegal
C. Capital City Youth Forum – Grayson Carlisle

IV. APPROVAL OF MINUTES

A. April 14, 2010 – Special Assembly Meeting 2010-11
B. April 21, 2010 – Special Assembly Meeting 2010-12
C. April 26, 2010 – Regular Assembly Meeting 2010-13

V. MANAGER’S REQUEST FOR AGENDA CHANGES

VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS.
(Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).

VII. CONSENT AGENDA

A. Public Requests for Consent Agenda Changes, Other Than Ordinances for Introduction

B. Assembly Requests for Consent Agenda Changes

C. Assembly Action

1. Ordinances for Introduction

a. Ordinance 2010-06
An Ordinance Amending the Sewer Code Relating to the Multi-Family Dwelling Exception Within the Single-Family Units Definition.

In 2003, as part of a comprehensive utility rate implementation program, the Assembly adopted definitions in the Water Code and Wastewater Code that included “metered residential service.” The intent was to meter water service to all customers owning multi-family dwellings and bill those customers for water and sewer based on actual usage.

The Wastewater Code contains a definition for single-family unit that is problematic. In addition, since language defining a dwelling unit exists in the International Residential Building Code, adopted by reference in 19.04.R010.1 in the CBJ Title 19 Building Regulations, and at 49.80 in the CBJ Title 49 Land Use Code, a definition in the sewer code is unnecessary.

The definition of single-family unit in the existing sewer code has made it difficult to implement the required metering in homes with an accessory apartment, often referred to as multi-family dwelling. That definition was changed in 1984 to allow an exemption from a second sewer fee where a multi-family dwelling is used for one family, when a “notarized statement” is provided to that effect. Until 2003, these statements came in the form of a Multi-Family Utility Exemption Certificate (MEC) filed by property owners. Since 2003, and adoption of the requirement that these dwellings be metered, staff has not issued new MECs. Old MECs have, however, been administratively extended because of the existence of the exemption language. MECs are no longer valid and not available for renewal when the property changes ownership or the use of the residence is no longer as a single-family residence.

Removal of this definition will result in CBJ metering multi-family dwellings with bills for water and sewer being based on the actual quantity of water used.

This action was approved by the Public Works and Facilities Committee at its April 19, 2010 meeting.

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

b. Ordinance 2010-17
An Ordinance Proposing To Amend The Charter Of The City And Borough Authorizing The Creation Of A Board To Operate And Manage The Municipally Owned Pools, To Become Effective Only If Approved By The Voters At The Next Regular Election.

If adopted, this ordinance would authorize placing on the October 5, 2010 municipal election, the question to voters of whether to amend the City Charter to create a new pool board. The pool board would manage and operate the Augustus Brown Swimming Pool and the Dimond Aquatic Facility. The Assembly Committee of the Whole requested this ordinance be drafted at its May 10, 2010 meeting.

Section 14.2 of the City Charter requires six Assembly votes to change the charter.

As this is a policy decision, I have no recommendation.

c. Ordinance 2009-08(AL)
An Ordinance Appropriating To The Manager The Sum Of $133,180 As Funding For The Development Of The Juneau Nordic Ski Trails, Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate a $133,180 grant from the State of Alaska, Department of Natural Resources, Division of Parks and Outdoor Recreation, Alaska Trails Initiative Grant Program. This grant will fund improvements on the trail from the Eaglecrest Lodge to the bridge over Fish Creek where the Treadwell Ditch begins. In addition, any remaining funds will be used to begin construction of a trail to Cropley Lake. If approved, construction would begin immediately.

The Eaglecrest Board of Directors approved the acceptance of this grant on March 4, 2010. This action was approved by the Public Works and Facilities Committee at its May 10, 2010 meeting.

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

d. Ordinance 2009-08(AM)
An Ordinance Appropriating To The Manager The Sum Of $5,009,000 As Funding For The Bartlett Regional Hospital Medical Surgical East Wing Renovation Capital Improvement Project, Funding Provided By The Bartlett Regional Hospital Operating Budget.

Economic Impact Note

This ordinance would appropriate $5,009,000 from Bartlett Regional Hospital’s (BRH) fund balance to provide necessary funding for the BRH Medical Surgical Unit East Wing Renovation project.

This project will expand and upgrade present hospital services, to continue BRH’s responsiveness to increasing community demands for health care services and will complete the renovation of the old sections of the hospital.

The planning and design phase for this project was previously funded with an appropriation of $725,000 from FY09 BRH funds.

The Hospital Board approved this appropriation request at its April 27, 2010 meeting. The Public Works and Facilities Committee approved this action at its May 10, 2010 meeting.

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

e. Ordinance 2009-08(AN)
An Ordinance Appropriating To The Manager The Sum Of $150,000 As Partial Funding For The Public Works Department - Fleet Maintenance Division’s Fiscal Year 2010 Operating Budget, Funding Provided By Interdepartmental User Fees.

Economic Impact Note

The Public Works Department - Fleet Maintenance Division is anticipating a $150,000 shortfall in the current fiscal year operating budget due to an increase in diesel fuel consumption as a result of the additional express bus service that was

implemented in October 2009. This shortfall requires a supplemental appropriation of $150,000 for fiscal year 2010.

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

2. Resolutions

a. Resolution 2527
A Resolution Authorizing The Manager To Accept A Grant From The State Of Alaska Department Of Environmental Conservation For The West Mendenhall Valley, Pederson Hill, Sewer Expansion Project.

This resolution would authorize the Manager to accept a $1,562,000 grant from the Alaska Department of Environmental Conservation (ADEC), Municipal Matching Grant Program, for the West Mendenhall Valley Sewer, Pederson Hill, Sewer Expansion.

An appropriation of this grant is on the agenda for public hearing. In order to receive the grant funds, ADEC requires formal acceptance of the grant by resolution, in addition to the appropriating ordinance.

This action was approved by the Public Works and Facilities Committee at its November 9, 2009 meeting.

I recommend this resolution be adopted.

b. Resolution 2528
A Resolution Re-establishing The Juneau Commission On Sustainability, For The Purpose Of Removing The Sunset Date.

In July of 2007, the CBJ Assembly adopted a resolution creating the Juneau Commission on Sustainability (JCOS). The original resolution established a sunset date of July 2010 for the Juneau Commission on Sustainability (JCOS). The JCOS has requested that the sunset clause be eliminated and this resolution, if adopted, would remove the sunset clause.

This action was approved by the Public Works and Facilities Committee at its May 10, 2010 meeting. This action was approved by the Planning Commission at its May 11, 2010 meeting.

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

c. Resolution 2529 - RED FOLDER ITEM - PRESENTED AT THE MEETING
A Resolution Accepting Interest Rates For The Dimond Park Aquatic Center And Gastineau Elementary School Bonds Being Issued Through The Alaska Municipal Bond Bank.

This resolution would accept the interest rates for the sale of $13.58 million in General Obligation bonds. The bonds being sold consist of $7.58 million of 15-year bonds, approved by the voters on October 2, 2007, for the Dimond Park Aquatic Center (DPAC) and $6.0 million in 10-year bonds approved by the voters on October 6, 2009 for the Gastineau Elementary School renovation. These bonds are being sold through the Alaska Municipal Bond Bank Authority.

The DPAC bonds will be issued as Recovery Zone Economic Development Bonds (RZEDBs). Under this temporary approach, allowed under the federal stimulus bill, the bonds will be issued as taxable with 45% of the bond interest costs being reimbursement by the federal government. The $7.58 million being issued for the DPAC project is the total amount allocated to the CBJ for RZEDBs. The Gastineau Elementary School bonds will be issued either as tax exempt or under the new federal Buy America Bonds (BABs) program. Under the BAB program, bonds are sold as taxable with the federal government reimbursing 35% of the bond interest costs. The bond bids will be analyzed at the time of sale to determine the best combination of BABs and conventional tax-exempt financings that result in the least total cost.

These projects qualify for partial reimbursement under the State’s School Construction Bond Debt Reimbursement Program. The DPAC bonds qualify for 26.2% (estimated) and the Gastineau Elementary School bonds qualify for 70% reimbursement. The reimbursement, under the State’s Debt Reimbursement Program, is subject to annual appropriation by the Legislature. The remaining debt service, after state reimbursement, will be paid from property tax levies. The estimated total cost of the debt service, including interest at an average rate of 3.75% for the Gastineau School bonds and 4.25% for the DPAC bonds, is $18.94 million. The City should receive reimbursement from the State of $8.16 million, assuming full state funding, leaving $10.78 million to be paid from local tax levies. The maximum estimated property tax mill levy needed to fund the local share will be 0.12 mills or $12 per $100,000 in assessed value. This amount increases to 0.24 mills or $24 per $100,000 for years 2020 through 2024.

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 May 17, 2010. The standard financial practice is to accept bids as soon as possible after the date of submission. The actual resolution will be a red folder item.

I recommend this resolution be adopted.

3. Transfers

a. T-914, Transferring $22,237 From The Harbors Areawide Restroom Construction Capital Improvement Project (CIP) To The Juneau Harbors Deferred Maintenance CIP.

Impact of Budget Action

The Harbors Areawide Restroom Construction CIP has been completed and needs to be closed out. This transfer would move the remaining funds to the Juneau Harbors Deferred Maintenance CIP.

The Juneau Harbors Deferred Maintenance CIP was established to perform long-standing maintenance work at various harbors.

I recommend this transfer be approved.

4. Bid Awards

a. Bid 10-254 - Purchase and Delivery of Locksets for Juneau School District

Bids were opened on May 7, 2010. The protest period was satisfied on May 11, 2010 at 4:30 p.m.

I recommend award of this project to Stanley Security Solutions, in the total amount bid, for an award of $101,592.42

VIII. PUBLIC HEARING

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.

Exhibit A                      Dale Pernula Memo

The applicant has requested 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 adopted.

B. Ordinance 2010-15(c)
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 certain fee increases, 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 is intended to reflect the actual administrative costs.

Version (c) incorporates language changes to the following sections: Page 2, line 10, Sign Permits, revised to read $50.00 for the first two signs plus $20.00 for each additional sign. Page 5, Subsection 8A, added vi, Summary Approval, The fees for a summary approval action shall be based on the classes of uses as established in 49.85.100(3), and to revise the effective date to January 1, 2011.

I recommend this ordinance be adopted.

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 A

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 by allowing for encroachment of two existing buildings.

At its regular meeting on Tuesday, April 13, 2010, the Planning Commission reviewed and recommended adoption of this ordinance. Public Works and Facilities recommended this action at its May 10, 2010 meeting.

I recommend this ordinance be adopted.

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 Note

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

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 adopted.

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 Note

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 adopted.

IX. UNFINISHED BUSINESS

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

This ordinance would appropriate $324,705,600 for the FY11 operating budget. This appropriation includes all CBJ operations, including the enterprise funds, except for the School District. It does, however, include $26,057,000 of general fund support to the School District. The School District’s FY11 operating budget is contained in a separate ordinance, 2010-12am.

The City Manager’s proposed FY11 general operating budget was reviewed by the Assembly Finance Committee. On May 12, 2010, the Assembly Finance Committee referred the proposed budget request, as amended by the Assembly Finance Committee, to the Assembly for adoption.

I recommend this ordinance be adopted.

B. Ordinance 2010-12am
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 $89,640,300. The School District’s operating budget consists of the following functions:

• General Operations $73,411,300
• Special Revenue (pupil transportation, food service, etc.) 5,767,500
• Other Operations (student activities, debt service, grants, etc.) 10,461,500
Total Budget $89,640,300

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.

The School District’s FY11 Budget and local funding requests have been reviewed by the Assembly Finance Committee. On May 12, 2010, the Assembly Finance Committee referred the School District’s FY11 budget request to the Assembly for adoption.

I recommend this ordinance be adopted.

C. 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.

This ordinance was recommended for adoption by the Assembly Finance Committee at its May 12, 2010 meeting.

I recommend this ordinance be adopted.

D. 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 adopted.

X. NEW BUSINESS

A. Docks and Harbors – TIGER Grant – Professional Services Contract Amendment

CBJ Ordinance Title 85 requires the Docks and Harbors Board to obtain approval from the Assembly for all contracts greater than $100,000. The Docks and Harbors Board requests approval for a contract with PND, Inc. in the amount of $122,712 to provide professional services as necessary to solicit bids for the construction of improvements to the Auke Bay Loading Facility as set out in the TIGER grant award. Work is estimated at $3.3 million and includes construction of additional uplands, pavement and landscaping improvements to uplands, and improvements to the barge-landing ramp.

Most of the work contemplated in the TIGER grant was largely set out in conceptual facility plans. PND, Inc. was competitively selected to produce the conceptual plans and the original bid documents, including several additive alternates. The Board was unable to prosecute all of the work at the time of bid due to lack of funding. The TIGER grant provides the funding necessary to move forward with the additional work. Under the professional services contract, PND will produce bid documents and provide services during the bid solicitation.

The Docks and Harbors Board reviewed the contract at its April 29, 2010 meeting and recommended the Assembly approve the contract.

B. Regulations – Docks and Harbors Amending Small Boat Harbor Fees and Charges - Storage Fees

The Docks and Harbors Board is proposing to amend the Harbor regulations as they apply to the Storage Fees to allow patrons who maintain reserved moorage assignments to store personal items up to 200 square feet for $0.25 per square foot per calendar month, or portion thereof. This is a discount of fifty percent from the normal rate.

This regulation will authorize the Harbormaster is issue permits and develop written procedures to implement this section.

The Docks and Harbors Board conducted two public hearings on the regulation. The Board adopted the regulation at its April 29, 2010 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.

C. Liquor Licenses.

1. NEW Recreational Site Seasonal License #4982 – Alaska Rainforest Sanctuary, LLC d/b/a Alaska Canopy Adventures, location Treadwell Mine

The above-listed liquor license is before the Assembly to either protest or waive its right to protest issuance of this license. 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, May 17, 2010, and will be forwarding recommendations regarding these licenses. Enclosed in your Human Resources Committee packet is a full set of the relevant documents pertaining to this action. In the event the Assembly does protest the issuance of the above mentioned liquor license, 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

A. Update on Labor Negotiations

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
 
home
community
visitors
images
business
jobs
calendar
IMAGE-City and Borough of Juneau