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, May 23, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-14

 

Submitted by: Rod Swope, City Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. April 27, 2011 – Special Assembly Meeting 2011-10
B. May 2, 2011 – Regular Assembly Meeting 2011-11
C. May 9, 2011 – Special Assembly Meeting 2011-12
D. May 16, 2011 – Special Assembly Meeting 2011-13

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 2010-11(AR)
An Appropriation Transferring To The Manager The Sum Of $108,105 As Funding For The Juneau Police Department Replacement Reserve Account, Funding Provided By The Modernizing Police Equipment Capital Improvement Project.

Economic Impact Note

This ordinance would transfer $108,105 from the Modernizing Police Equipment Capital Improvement Project (CIP), to the Juneau Police Department Replacement Reserve Account. This CIP was originally established in FY03. The equipment has
been purchased and the CIP is complete. The remaining FY03 Replacement Reserve funds of $108,105 will be transferred to the Juneau Police Department Replacement Reserve Account to close the Modernizing Police Equipment Capital Improvement Project.

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

b. Ordinance 2010-11(AS)
An Ordinance Appropriating To The Manager The Sum Of $3,250,000 As Partial Funding For Bartlett Regional Hospital Fiscal Year 2011 Operating Budget, Funding Provided By Bartlett Regional Hospital Fund Balance.

Economic Impact Note

This ordinance would appropriate an additional $3,250,000 to Bartlett Regional Hospital for FY11 operations. The funding for the appropriation is coming from Bartlett Regional Hospital’s Fund Balance.

Bartlett Regional Hospital experienced unanticipated operating cost increases (staffing, supplies, etc) due to a 3.2% increase (over budget) in patient days, and revenue reductions due to higher than expected billing adjustments, write offs, and bad debts.

The Bartlett Regional Hospital Board recommended this action at its April 26, 2011 meeting.

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

c. Ordinance 2010-11(AT)
An Ordinance Appropriating To The Manager The Sum Of $37,941 As Additional Funding For The Juneau International Airport Snow Removal Equipment Facility Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Transportation.

Economic Impact Note

This ordinance would appropriate $37,941 to the Airport Snow Removal Equipment Facility (SREF) Capital Improvement Project A345-77. The funds come from the State of Alaska Department of Transportation grant #69416, which is the matching grant to Airport Improvement Program (AIP) grant #51.

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

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

d. Ordinance 2010-11(AU)
An Ordinance Appropriating To The Manager The Sum Of $38,800 As Partial Funding For The Implementation Of The Juneau Coastal Management Program’s FY11 Required Tasks, Grant Funding Provided By The Alaska Department Of Commerce, Community And Economic Development.

Economic Impact Note

The Alaska Department of Community and Economic Development awarded the City and Borough Community Development Department a $38,800 annual grant for implementation of the Juneau Coastal Management Program (JCMP) FY11 ‘Required Tasks,’ in cooperation with the Alaska Coastal Management Program (ACMP). This grant requires a local match of 50 percent, which will be met with the current operating budget of the Community Development Department.

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

e. Ordinance 2010-11(AV)
An Ordinance Appropriating To The Manager The Sum Of $5,000 As Funding For Increased Police Patrol During The Week Of High School Graduation, Grant Funding Provided By The State Of Alaska Department Of Transportation And Public Facilities, Alaska Highway Safety Office.

This ordinance would appropriate a $5,000 Alaska Highway Safety Office, Department of Transportation, grant for increased patrol during the week of high school graduation. This grant has no match requirements. The purpose of the grant is to pay police officer overtime to patrol “out the road” during the week of graduation. The hope is to prevent minor-consuming parties and drunk driving related accidents or fatalities.

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

f. Ordinance 2010-11(AW)
An Ordinance Appropriating To The Manager The Sum Of $25,000 As Funding For The Tract A, U.S.S. 2337 Montana Creek Demolition and Restoration Capital Improvement Project; Funding Provided By a United States Fish and Wildlife Service Grant.

Economic Impact Note

This ordinance would appropriate $25,000 to the Tract A, USS 2337 Montana Creek Demolition and Restoration Capital Improvement Project, grant funding provided by the U.S. Fish and Wildlife Service (USFWS).

The Lands Office is in the process of acquiring Tract A, USS 2337 on Montana Creek Road for natural area park purposes, in accordance with Ordinance 2010-11(AK) and Resolution 2573. The transaction has closed and the next step is to demolish the structures and restore habitat functions to impacted portions of the property. The U.S. Fish and Wildlife Service (USFWS) has agreed to provide a $25,000 Financial Assistance Award from the Southeast Alaska Coastal Program to fund these activities. CBJ will act as the lead on the project, and USFWS will provide technical assistance for planning, permitting, inspections, and riparian restoration activities.

The Lands Committee recommended this action at its April 25, 2011 meeting.

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

g. Ordinance 2010-11(AX)
An Ordinance Appropriating To The Manager The Sum Of $5,250 As Funding For Increased Police Enforcement Of Seatbelt And Child Safety Laws, Grant Funding Provided By The Southeast Alaska Regional Health Consortium.

This ordinance would appropriate a $5,250 SEARHC grant for the child safety seat and seat belt enforcement. This grant has no match requirements. This grant would increase directed enforcement of child safety seat and seat belt laws.

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

h. Ordinance 2010-11(AZ)
An Ordinance Appropriating To The Manager The Sum Of $127,000 As Additional Funding For Harbors Fiscal Year 2011 Operating Budget And $45,000 As Additional Funding For The Docks Fiscal Year 2011 Operating Budget, Funding Provided By Harbors Fund Balance Of $127,000 And Docks Fund Balance Of $45,000.

Economic Impact Note

This ordinance would appropriate an additional $127,000 to the FY11 Harbor operating budget and $45,000 to the FY11 Docks operating budget. Funds would be provided by the Harbor Fund balance and the Dock Fund balance, respectively. The Harbor and Dock personnel expenses were higher than anticipated due to keeping seasonal staff on during the fall of 2010 to perform deferred maintenance at the docks and harbor facilities.

The Docks and Harbors Board recommended this action at its March 31, 2011 meeting.

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

2. Resolutions

a. Resolution 2580
A Resolution Expressing Assembly Support For Establishing Water Infrastructure Set-Aside Funding In The Army Corps Of Engineers, Pacific Ocean Division, Civil Works Program.

This resolution would express support by the City and Borough of Juneau for maintaining federal funding for small boat harbor projects in Alaska. There is a strong possibility that Congress may eliminate the small boat harbor navigation program from the Army Corps of Engineers. This program has been in existence for several decades and is responsible for funding many harbor basins and breakwaters throughout Alaska. Locally, the program funded the breakwater and moorage basins at Douglas, Harris, and Aurora Harbors.

If adopted, the resolution would be sent to the Alaska Congressional delegation and the U.S. Army Corps of Engineers Headquarters.

The Docks and Harbors Board recommended this action at its April 28, 2011 meeting. Several other coastal communities in Alaska are adopting similar resolutions.

I recommend this resolution be adopted.

b. Resolution 2581
A Resolution Expressing Assembly Support for an Invitation to Host the 2013 Northwest Regional Managers Conference as Presented by the Alaska Municipal Management Association.

The Alaska Municipal Management Association (AMMA) will be hosting the Northwest Regional Managers Conference in Alaska in March / April 2013. The CBJ would like to submit a bid to host this conference and one of the requirements for the bid package is to have a resolution of support from the Assembly.

I recommend this resolution be adopted.

3. Bid Award
a. Bid E-11-009 – Roadway Painting

Bids were opened on the subject project on May 12, 2011. The bid protest period expired at 4:30 p.m. on May 13, 2011. Results of the bid opening are as follows:

BIDDERS Total Bid
Alaska Striping and Painting $ 104,969.90
Pacific Asphalt Products $ 195,218.90

This contract is to provide roadway painting for the City and Borough per the specifications outlined in Bid #11-009. The previous term contract, established in FY07, had no price increases over the course of the contract. The difference between that contract’s unit pricing and the current quote provided (for FY12) is an increase of 13% (based on unit prices).

Funding Source: 209-18-5-01-00-390, Contractual Services, Streets
209-18-5-02-00-390 Marine Passenger Fee Contractual Services

Encumbrances: $ 122,500.00 – Public Works, Streets Division
$ 2,500.00 – Public Works, Marine Passenger Fees

I recommend award of this project to Alaska Striping and Painting, Inc., in the total amount bid, for an award of $104,969.90.

b. Bid E-11-147 - North Douglas Sewer, Phase V, LID 91

Bids were opened on the subject project on May 10, 2011. The bid protest period expired at 4:30 p.m. on May 11, 2011. Results of the bid opening are as follows:

RESPONSIVE BIDDERS TOTAL BID
Admiralty Construction, Inc. $1,627,416
Miller Construction Co. $1,821,250
Southeast Earthmovers $1,871,851
Arete Construction Corp. $1,879,163
Engineer's Estimate $1,941,760

Project Manager: Joe Castillo

This project consists of installing three separate sanitary sewer gravity collection systems along the uphill side of North Douglas Highway between house number 4355 and 5795.

Funding Source: ADEC Grants; a DCED Grant; 1% Prop 2 Sales Tax, Area Wide Street Sales Tax, Wastewater Fund, 1% Temp Sales Tax.
Total Project Funds: $2.5 million
CIP No.: 484-86
Construction Encumbrance: $1,627,416
Construction Contingency: approximately $500,000
Consultant Design: approximately $170,000
Consultant Contract Administration/Inspection: approximately $130,000
CBJ Administrative costs: approximately $50,000

I recommend award of this project to Admiralty Construction, Inc., in the total amount bid, for an award of $1,627,416.

4. Liquor Licenses

a. Liquor License Transfers and Restaurant Designation Permit Applications

1. Transfer of Ownership Restaurant/Eating Place License #2812
FROM: Genuine Ventures, LLC d/b/a Tracy’s King Crab Shack
Ownership: Tracy LaBarge 50% and David McGivney 50%
Location 356 S. Franklin Street, Juneau, AK
TO: Genuine Ventures, LLC d/b/a Tracy’s King Crab Shack
Ownership: Tracy LaBarge 100%
Location: 356 S. Franklin Street, Juneau, AK

The above-listed liquor license transfer and application for a restaurant designation permit are before the Assembly to either protest or waive its right to protest these actions. 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, CBJ 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 transfer and approve the Restaurant Designation Permit application.

VIII. PUBLIC HEARING

A. Ordinance 2010-12(A)
An Ordinance To Adjust The FY11 Juneau School District Operating Budget, Special Revenue Budget, And Other Budget To Closer Approximate Actual FY11 Revenues And Expenditures.

This ordinance will make the following FY11 School District budget changes:

General Operations $ (816,800)
Special Revenue 67,000
Special Revenue Other 523,300
Total Budget Changes $ (226,500)

Funding for the changes is provided from the following –

School District General Operation Fund Balance Usage $ 120,900
School District Special Revenue Fund Usage (61,500)
State Foundation Funding (423,700)
State Contribution to PERS/TRS (600,000)
State Grants 211,700
Federal Grants 218,400
User Fees (4,500)
CBJ Support To School District General Operations (39,000)
Support From Other Funds 351,200
Funding Sources for Changes $(226,500)

These adjustments are requested by the School District due, in part, to student enrollment falling short of projections, which reduces both the State Foundation Funding and CBJ allowable support to Education for operations, and to a net increase in State and Federal grants. The School District General Operations Fund balance replaces a portion of State Foundation funding and CBJ support for District general operations. In addition, State and Federal grant monies, and Support from other sources, were received beyond the FY11 Assembly Adopted Budget.

I recommend this ordinance be adopted.

B. Ordinance 2011-13(b)
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, with changes recommended by the Committee of the Whole at its April 25, 2011 meeting. The reporting requirements are substantially similar to that required by the APOC, but would be controlled by CBJ rather than the State.

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

C. Ordinance 2011-14(b)
An Ordinance Amending The Official Zoning Map of the City and Borough To Change the Zoning of Tidelands Addition Block 50, Lots 14, 15, Fr 16, The Breakwater Inn and Restaurant, From D-5 Residential to Waterfront Commercial.

The Breakwater Inn is requesting a zone change from D-5 Residential to Waterfront Commercial. The Breakwater was legally constructed in 1966 under commercial zoning. The property was changed to residential zoning in 1969. Under the current D-5 zoning, the Breakwater can maintain but not expand the commercial uses that were first established in 1966.

The site is designated Waterfront Commercial in the 2008 Comprehensive Plan. The Comprehensive Plan defines Waterfront Commercial as:

Land to be used for water-dependent commercial uses such as marinas/boat harbors, marine vessel and equipment sales and repair services, convenience goods and service for commercial and sport fishing, marine recreation and marine ecotourism activities such as food and beverage services, toilet and bathing facilities, bait and ice shops, small-scale fish processing facilities, hotels and motels, and similar goods and services to support mariners and their guests. Float homes, house boats, and live-aboards would be residential uses to be allowed within a WC district, if adequate services (such as sewer) are provided to the moorage slips. Residences at a density of up to 18 units per acre would be allowed on upland properties in the WC district only if they are above water-dependent ground-floor uses in the same structure. [Emphasis added].

The Planning Commission recommends that the Assembly adopt the Director's analysis and findings as amended by the Planning Commission, and recommends the Assembly approve rezoning the subject parcel from D-5 Residential to Waterfront Commercial with the following condition, which is intended to address potential impacts to the adjacent neighborhood:

1. Any new or expanded use on the parcel shall require a Conditional Use Permit.

I recommend this ordinance be adopted.

D. Ordinance 2010-11(AQ)
An Ordinance Appropriating To The Manager The Net Sum Of $3,750 To Adjust The Public Library Assistance Grant And The Regional Mail Services Grant, For The Actual Amounts Received, Grant Funding Provided By The State Of Alaska Department Of Education And Early Development.

This housekeeping measure would appropriate $3,750 to adjust the FY11 Library grant budgets to the actual amounts received. Two grants, as described below, are involved in this adjustment:

1. The Public Library Assistance grant will be adjusted downward from a budgeted $19,000 to the amount received of $18,900, a decrease of $100; and,

2. The Regional Mail Services grant will be adjusted upward from a budgeted $90,900 to the amount received of $94,750 an increase of $3,850.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

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

This ordinance appropriates to the School District an FY12 operating budget of $91,471,600. The School District’s operating budget consists of the following functions.

General Operations $ 74,786,000
Special Revenue (pupil transportation, food service, etc) 6,127,900
Other Operations (student activities, debt service, grants, etc) 10,557,700
Total Budget $ 91,471,600

The District’s FY12 budget request is supported with local funding of $26,221,000, which was approved, by motion, at the April 27, 2011 Special Assembly Meeting. This consists of $25,451,000 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 $25,451,000 in general operating support is the maximum amount allowed under the State’s Education Foundation Funding Formula.

The Assembly Finance Committee recommended adoption of this ordinance at its meeting of May 18, 2011..

I recommend this ordinance, as amended, be adopted.

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

This ordinance appropriates $321,150,700 for the City’s FY12 operating budget. This appropriation includes all of the CBJ’s operations including the enterprise funds, except for the School District. The District’s FY12 operating budget is contained in a separate ordinance, 2011-10 am. 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. Budgeting for both the transfers and associated expenditures results in grossing up the budget’s bottom line total. These transfers account for $61,105,800 of the FY12 operating budget. Excluding the transfers and School District, the CBJ FY12 operating budget, debt service and capital projects is $168,573,300.

The Assembly Finance Committee recommended adoption of this ordinance at its May 18, 2011 meeting..

I recommend this ordinance, as amended, be adopted.

C. Ordinance 2011-12 am
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 2011 general property tax levy. This levy funds the City’s FY12 operating budget. The mill levies presented in this ordinance support the Manager’s FY12 Proposed Budget as reviewed and amended by the Assembly Finance Committee.

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

Area Millage
Roaded Service Area 2.24
Fire Service Area 0.46
Areawide -
Operational 6.56
Debt Service 1.29
Total 10.55

The Assembly Finance Committee recommended adoption of this ordinance at it’s May 18, 2011 meeting.

I recommend this ordinance, as amended, be adopted.

X. NEW BUSINESS

XI. STAFF REPORTS

XII. ACKNOWLEDGEMENT – Outgoing Assemblyman Jonathan Anderson

XIII. SWEARING IN NEW ASSEMBLY MEMBER – Katherine Eldemar

XIV. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports

XV. ASSEMBLY COMMENTS AND QUESTIONS

XVI. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XVII. EXECUTIVE SESSION

XVIII. 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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