City and Borough of Juneau
155 S. Seward Street
Juneau, Alaska 99801
tel. 907-586-5240
fax 907-586-5385
http://www.juneau.org

Assembly of the City and Borough of Juneau

ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, April 11, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-09

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Scott Jeffers - Retirement
B. Cristi Herron – Bob Bartholomew – PRISM Recognition

IV. APPROVAL OF MINUTES

A. March 21, 2011 – Regular Assembly Meeting 2011-05
B. March 23, 2011 – Special Assembly Meeting 2011-06
C. March 24, 2011 – Special Assembly Meeting 2011-07
D. March 29, 2011 – Special Assembly Meeting 2011-08

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 2011-09
An Ordinance Creating The Library Department.

The Library is currently a division within the Administration Department. This ordinance would create a Library Department similar to other CBJ Departments such as Engineering, Parks and Recreation, and Community Development. The Library’s function is public-focused whereas the Administration Department is focused on internal CBJ functions such as MIS, Human Resources, and Emergency Management that in turn provide services for the public. The CBJ library system would be comparable in size to several existing departments.

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

b. Ordinance 2011-10
An Ordinance Appropriating Funds From The Treasury For FY12 School District Operations.

This ordinance would appropriate to the School District an FY12 operating budget of $91,018,900. The School District’s operating budget is.

• General Operations $74,333,300
• Special Revenue (pupil transportation, food service, etc) 6,127,900
• Other Operations (student activities, debt service, grants, etc) 10,557,700
Total Budget $91,018,900

The FY12 school budget is supported with a combination of funding sources that includes local funding of $26,326,800. This consists of $25,556,800 for general operations, $565,000 for student activities ($200,000 is coming from the 1% sales tax), $70,000 for pupil transportation, and $135,000 for Community Schools. The $25,556,800 in general operating support is the maximum amount currently 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 provide 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, 2011.

I recommend this ordinance be introduced and set for public hearing at the Special Assembly meeting scheduled for April 27, 2011.

c. Ordinance 2011-11
An Ordinance Appropriating Funds From The Treasury For FY12 City And Borough Operations.

This ordinance would appropriate $309,198,800 for the City and Borough of Juneau’s FY12 operating budget, excluding the School District. It is necessary to appropriate all transfers between funds that support operations, debt service, and capital projects as well as the associated expenditure within the funds themselves. These transfers account for $86,772,100 of the FY12 operating budget. Excluding the transfers and School District, the CBJ FY12 operating budget, debt service, and capital projects is $222,426,700.

The Charter requires that a public hearing be held on the FY12 operating budget by May 1, 2011, and adoption by June 15, 2011.

I recommend this ordinance be introduced and set for public hearing at the Special Assembly meeting scheduled for April 27, 2011.

d. Ordinance 2011-12
An Ordinance Establishing The Rate Of Levy For Property Taxes For Calendar Year 2011 For The Budget For Fiscal Year 2012.

This ordinance establishes the mill rates for property taxes for 2011, which partially funds the City and Borough of Juneau’s FY12 operating budget. The Charter requires the assembly to adopt, by ordinance, the tax levies necessary to fund the budget before June 15.

The mill levies presented in this ordinance support the Manager’s FY12 Proposed Budget that is currently being reviewed by the Assembly Finance Committee. As part of the budget review process, the Assembly Finance Committee will review and recommend to the Assembly, the final mill levies. The final mill levies must be adopted on or before June 15.

This ordinance proposes a total mill levy of 10.55, the components of which are:

Area Millage
Roaded Service Area 2.26
Fire Service Area 0.44
Areawide -
Operational 6.56
Debt Service 1.29
Total 10.55
I recommend this ordinance be introduced and set for public hearing at the Special Assembly meeting scheduled for April 27, 2011.

e. Ordinance 2011-13
An Ordinance Placing The Question Of Exemption From The State Of Alaska’s Municipal Official Financial Disclosure Law On The Ballot; And Adopting, Contingent Upon The Exemption, A City And Borough Public Official Financial Disclosure Requirement; Amending The Election Code Regarding The Public Official Financial Disclosure Statement And Creating Municipal Official Financial Disclosure Requirements.

This ordinance would place on the ballot the question of whether CBJ municipal officials will opt out of the system of financial reporting to the Alaska Public Offices Commission (APOC), and, instead, report under a CBJ system created in the ordinance. The ordinance is modeled after one adopted by the Ketchikan Gateway Borough, which failed at the ballot. The reporting requirements are substantially similar to that required by the APOC, but would be controlled by CBJ rather than the State.

I recommend this ordinance be introduced and referred to the Committee of the Whole.

f. Ordinance 2010-11(AL)
An Ordinance Appropriating To The Manager The Sum Of $131,285 As Partial Funding For The Gastineau Elementary Renovation And $225,000 As Additional Funding For The Juneau School District Site Improvements, Funding Provided By 2003A General Obligation Bond Interest Income.

Economic Impact Note

This ordinance would appropriate $131,285 to the Gastineau Elementary School Renovation Capital Improvement Project (CIP) and $225,000 to the Juneau School District Site Renovation CIP.

Funds would be provided by the following:

1) Unbudgeted 2003A General Obligation Bond Interest Income of $356,285.

The Public Works and Facilities Committee recommended this action at its December 13, 2010 meeting.

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

g. Ordinance 2010-11(AM)
An Ordinance Appropriating To The Manager The Sum Of $27,262 For Completion Of The Amalga Harbor Launch Ramp Upgrade Capital Improvement Project, Funding Provided By The Harbors Fund Balance.

Economic Impact Note

This ordinance would appropriate $27,262 to close out the Amalga Harbor Launch Ramp Upgrade Capital Improvement Project. Funding will be provided by the Harbor Fund Balance.

The additional funding will cover expenditures to date and allow this project to be closed. This appropriation is being done in conjunction with a resolution to de-appropriate $65,795 in ADF&G grant funds. As of February 28, 2011, the Harbors Fund Balance was approximately $3,571,700.

The Harbor Board recommended this action at its March 31, 2011 meeting.

The Public Works and Facilities Committee recommended this action at its April 4, 2011 meeting.

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

h. Ordinance 2010-11(AN)
An Ordinance Appropriating To The Manager The Sum Of $57,996 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Transportation.

Economic Impact Note

This ordinance would appropriate $57,996 to the Runway Safety Area Capital Improvement Project. The funds come from an amendment to the State of Alaska Department of Transportation grant #68271, which is the matching grant to the Airport Improvement Program grant #48.

The Airport Board recommended this action at its March 9, 2011 meeting.

The Public Works and Facilities Committee recommended this action at its April 4, 2011 meeting.

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

i. Ordinance 2010-11(AO)
An Ordinance Appropriating to the Manager the Sum of $1,441,744 as Additional Funding for the Juneau International Airport Snow Removal Equipment Facility Capital Improvement Project, Grant Funding Provided by the Federal Aviation Administration.

Economic Impact Note

This ordinance would appropriate $1,441,744 to the Snow Removal Equipment Facility Capital Improvement Project. The funds come from a federal Airport Improvement Program grant. Matching funds will be from the Alaska Department of Transportation, and from Passenger Facility Charges.

The Airport Board recommended this action at its March 9, 2011 meeting.

The Public Works and Facilities Committee recommended this action at its April 4, 2011 meeting.

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

2. Resolutions

a. Resolution 2568
A Resolution De-Appropriating $65,795 From The Amalga Harbor Launch Ramp Upgrade Capital Improvement Project.

Economic Impact Note

This resolution would de-appropriate $65,795 in Alaska Department of Fish and Game grant funds previously budgeted to the Amalga Harbors Launch Ramp Capital Improvement Project (CIP). The Amalga Harbors Launch Ramp CIP is complete and will have no further qualifying grant expenditures. This action, in conjunction with appropriating ordinance 2010-11(AM), will close this project.  The Harbor Board recommended this action at its March 31, 2011 meeting.

The Public Works and Facilities Committee recommended this action at its April 4, 2011 meeting.

I recommend this resolution be adopted.

b. Resolution 2569
A Resolution Adopting Revisions To The Personnel Board Rules Of Procedure.

Exhibit A

Resolution 2569 would amend the current Personnel Board Rules of Procedure to be consistent with the changes to the Personnel Management Code that were adopted on February 28, 2011. No other changes to the Rules are proposed.

I recommend this resolution be adopted.

c. Resolution 2570
A Resolution Expressing Assembly Support For The Southeast Alaska Solid Waste Authority’s Fiscal Year 2012 Legislative Appropriation Request.

This resolution would express Assembly support for a legislative appropriation to the Southeast Alaska Solid Waste Authority this session.

I recommend this resolution be adopted.

d. Resolution 2574
A Resolution Correcting the Time and Method of Payment of Assessments for Local Improvement District No. 98, and Modifying Resolution No. 2566.

At the March 21, 2011 regular Assembly meeting, Resolution 2566 was adopted, confirming the assessment roll for LID 98, which provided sanitary sewer to the Industrial Boulevard area and included a ten-year repayment term.

Following that meeting, it was brought to the attention of the Engineering Department that during the formation of the LID, property owners were offered a special, longer term repayment plan of 20 years, based on the term of the Alaska Department of Environmental Conservation loan obtained to finance the property owner portion.

This resolution would amend Resolution 2566 so that it allows for a 20-year repayment term.

I recommend this resolution be adopted.

e. Resolution 2575
A Resolution Correcting the Time and Method of Payment of Assessments for Local Improvement District No. 130, and Modifying Resolution No. 2565.

At the March 21, 2011 regular Assembly meeting, Resolution 2565 was adopted, confirming the assessment roll for LID 130, which provided sanitary sewer to the Industrial Boulevard area and included a ten-year repayment term.

Following that meeting, it was brought to the attention of the Engineering Department that during the formation of the LID, property owners were offered a special, longer term repayment plan of 20 years, based on the term of the Alaska Department of Environmental Conservation loan obtained to finance the property owner portion.

This resolution would amend Resolution 2565 so that it allows for a 20-year repayment term.

I recommend this resolution be adopted.

f. Resolution 2576
A Resolution Authorizing the Manager to Enter Into an Agreement With the State of Alaska Regarding the Construction, Maintenance, and Ownership of the Juneau Auke Lake Wayside Project.

This resolution would authorize the Manager to implement an agreement with the State Department of Transportation regarding the construction, maintenance, and ownership of the Juneau Auke Lake Wayside Project.

The first phase of local match contribution would be $24,800 to be appropriated from the Auke Lake Trail ADA Upgrades Capital Improvement Project. Future phases will have to be funded through a new Auke Lake Wayside CIP to be established next year. Total contribution toward the project by the CBJ is estimated to be approximately $175,000.

The Public Works and Facilities Committee recommended this action at its October 11, 2010 meeting.

I recommend this resolution be adopted.

3. Transfer

a. Transferring $30,000, as a loan, from Casey Shattuck III, IV, and V Projects to the Eaglecrest Mountain Operations/Lifts Project.

Impact of Budget Action

This request would authorize the transfer of $30,000, as a loan, from the Casey Shattuck III, IV, V Project (CIP 422-29) to the Eaglecrest Mountain Operations/Lifts Project (CIP 375-54).

This summer, Eaglecrest plans to install a low voltage control and communication system for the Hooter Chairlift. Funds have been identified for this project in the FY12 CIP. Eaglecrest has estimated this equipment to cost about $65,000 to complete. The difficulty is that the equipment has a three- to four-month lead-time and must be purchased prior to the appropriation of the FY12 CIP in order to install for the fall 2011 ski season. Eaglecrest only has $35,000 available and needs to borrow $30,000 to complete this purchase. This loan will be repaid July 2011.

The Public Works and Facilities Committee recommended this action at its March 14, 2011 meeting.

I recommend this transfer be approved

4. Liquor License

a. Liquor License Renewals

1. Restaurant/Eating Place License #4493, Kwang LLC d/b/a Tarentino’s, located at 140 Seward Street, Juneau

The above-listed liquor license renewal is before the Assembly to either protest or waive its right to protest. The Finance, Police, Fire, and Community Development Departments have reviewed the above business and found them to be in compliance with CBJ Code. In the event the Assembly does protest the above mentioned liquor license renewal, CBJ Code 20.25 requires notice, with specificity regarding the nature and basis of the protest, to be sent to the licensee and provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

I recommend the Assembly waive its right to protest the above liquor license renewal.

VIII. PUBLIC HEARING

A. Ordinance 2011-01
An Ordinance Amending The Building Code Relating To Automatic Sprinkler Systems.

The Community Development/Building Department and Capital City Fire and Rescue have requested the repeal of Ordinance 2007-59(b). The ordinance, as currently written, is overly complex and very confusing for plan examiners, building inspectors, contractors, and designers. Due to its complexity, the current code language has created several problems for our building code officials and the fire marshal.

Ordinance 2011-01 would include all of the building sprinkler requirements of the 2006 International Building Code and the Alaska State Fire Marshal amendments.

I recommend this ordinance be adopted.

 

B. Ordinance 2010-11(AK)
An Ordinance Appropriating To The Manager The Sum Of $85,000 As Funding For The Purchase Of 5785 Montana Creek Road, Tract A, U.S. Survey 2337; Funding Provided By The Lands Fund Balance.

Economic Impact Note

The CBJ Lands Office has been working on funding and purchase options for this property. The house and adjoining property are located within an active flood plain, is developed over an anadromous stream, lacks municipal sewer and water, and shows signs of serious structural deterioration.

An appraisal of the property was performed in November 2010. The property was valued at $60,000 with the existing structures and $75,000 if the existing structures were removed. The property has an additional value of $10,000 to CBJ because it would enlarge and enhance property we already own and manage as a natural park in this area. It would also eliminate any potential risk of contamination to the anadromous stream and our property.

Through negotiations with the landowner and other funding partners, we would propose to make an offer of $120,000 and satisfy $6,100 in unpaid property taxes owed to CBJ. The CBJ portion of the purchase price would be $91,000, including the unpaid tax liability. The unpaid tax liability would be paid with FY11 funds in the Lands budget. Trout Unlimited has agreed to fund $35,000. If approved by the Assembly, upon acquisition, the U.S. Fish and Wildlife Service has agreed to provide a $20,000 grant for demolition and remediation of the property (see attachment).

The Lands Committee, at its February 28, 2011 meeting, recommended this action.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Resolution 2573
A Resolution Designating Tract A, U.S. Survey 2337, Located At 5785 Montana Creek Road, As Greenbelt And Natural Area Park Land, Effective When The Property Is Acquired By The City And Borough.

Exhibit A

The City and Borough of Juneau is attempting to acquire Tract A, U.S. Survey 2337, located at 5785 Montana Creek Road, for greenbelt and natural area park purposes. The Juneau Chapter of Trout Unlimited intends to contribute a portion of the funds for the acquisition, dependant on a CBJ designation of the property for greenbelt and natural area park purposes. This resolution is companion legislation to Ordinance 2010-11(AK), which authorizes CBJ to contribute $85,000 for the purchase of the property.

The Lands Committee, at its February 28, 2011 meeting, recommended this action.

I recommend this resolution be adopted.

 

B. Export Manufacturing Property Exemptions

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 2011 tax year (FY12 budget year).

1. Alaska Glacier Seafoods, Inc. filed a manufacturing exemption for machinery, equipment totaling $120,945 ($1,227.59 in property tax). In addition, Alaska Glacier Seafoods has $432,674 in property qualifying from prior years, for a total 2011 assessment exemption of $553,619 or $5,619.23 in property taxes.

The Assessor’s Office has determined that the property requested for exemption meets the code requirements.

I recommend approval of this exemption requests.

2. Taku Smokeries filed a manufacturing exemption for machinery, equipment, computers and software, totaling $512,705 ($5,203.96 in property tax). In addition, Taku Smokeries has $63,303 in property qualifying from prior years for a total 2010 assessment exemption of $576,008 or $5,846.48 in property taxes.

The Assessor’s Office has determined that the property requested for exemption meets the code requirements.

I recommend approval of this exemption requests.

3. Alaskan Brewing Company, LLC filed a manufacturing exemption for machinery, equipment, furniture and fixtures, computers and software, and vehicles totaling $307,359 ($3,119.69 in property tax). In addition, Alaskan Brewing has $2,108,040 in property qualifying from prior years, for a total 2010 assessment exemption of $2,415,399 or $24,518.13 in property taxes.

The Assessor’s Office recommends approval of this exemption request.

I recommend approval of this exemption requests.

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. Assembly Review Of Applications For Appointment To Assembly Vacancy

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



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