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, August 8, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-18

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. July 11, 2011 – Regular Assembly Meeting 2011-17

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 2011-20
An Ordinance Authorizing The Issuance Of General Obligation Bonds In The Principal Amount Of Not To Exceed $1,190,000 To Finance The Replacement Of Turf At The Adair Kennedy Multi-Use Field, And Submitting A Proposition To The Voters At The Election To Be Held Therein On October 4, 2011.

This ordinance would authorize placement on the October 4, 2011 general election ballot the question of issuing $1.19 million in 10-year General Obligation bonds for the purpose of replacing the Adair Kennedy Multi-Use Field turf. The existing turf has exceeded its useful life.

The project qualifies for 70% State reimbursement under the State’s School Construction Bond Debt Reimbursement Program. The funding for the State’s reimbursement program is subject to annual appropriation. If the State fully funds the reimbursement program, the estimated annual debt service costs, after State reimbursement, assuming an interest rate of 3.5%, will be $43,300. This amount of debt service would require an annual property tax levy of approximately $1.04 (0.01 mills) per $100,000 for a ten-year period.

As a way of reducing the mill levy impact on the taxpayers, the School District proposes to apply $370,000 of existing project interest earnings from the Thunder Mountain High School Capital Improvement Project to the debt service fund. This would result in a one-time mill levy reduction for 2012 of .09 mills.

The Public Works and Facilities Committee heard this bonding proposal at its June 27 and August 1, 2011 meetings. The School District Board of Education at its July 19, 2011 meeting recommended this action.

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

b. Ordinance 2011-21
An Ordinance Authorizing The Issuance Of General Obligation Bonds In The Principal Amount Of Not To Exceed $1,400,000 To Finance The Heating System At Auke Bay Elementary School, And Submitting A Proposition To The Voters At The Election To Be Held Therein On October 4, 2011.

This ordinance would authorize the placement on the October 4, 2011 general election ballot the question of issuing $1.4 million in 10-year General Obligation bonds for the purpose of equipping the Auke Bay Elementary School with a ground source heat pump system.

The project qualifies for 70% State reimbursement under the State’s School Construction Bond Debt Reimbursement Program. The funding for the State’s reimbursement program is subject to annual appropriation. If the State fully funds the reimbursement program, the estimated annual debt service costs, after State reimbursement, assuming an interest rate of 3.5%, will be $50,500. This amount of debt service would require an annual property tax levy of approximately $1.21 (0.01 mills) per $100,000 for a ten-year period.

As a way of reducing the mill levy impact on the taxpayers, the School District proposes to apply $420,000 of existing bond interest earnings from the completed Glacier Valley and Harborview Elementary School Capital Improvement Projects to the debt service fund. This would result in a one-time mill levy reduction for 2012 of .09 mills. This mill levy reduction would reduce the property tax levy on the average single-family home by $31.25. .

This bonding proposal was heard by the Public Works and Facilities Committee at its June 27 and August 1, 2011 meetings. The School District Board of Education recommended this action at its meeting on July 19, 2011.

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

c. Ordinance 2011-11(H)
An Ordinance Appropriating To The Manager The Sum Of $631,970 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Funding Provided By The Federal Aviation Administration.

Economic Impact Note

This ordinance would appropriate $631,970 to the Airport Runway Safety Area (RSA) Project. The funds come from Federal Aviation Administration (FAA) royalty payments for fill material provided by the Airport to this project (“match” or “In-Kind Contribution”). Additional matching funds come from the State of Alaska Department of Transportation.

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 2011-11(I)
An Ordinance Appropriating To The Manager The Sum Of $197,600 As Additional Funding For The Downtown Transportation Center Capital Improvement Project, Grant Funding Provided By The Federal Transportation Administration.

Economic Impact Note

This ordinance would appropriate $197,600 to the Downtown Transportation Center Capital Improvement Project. The Federal Transportation Administration (FTA) has an additional $197,600 in funds from an old grant that is available to the Downtown Transportation Center. The project was largely funded through FTA grants and sales tax. Although, the project is complete, it did incur enough eligible expenditures to draw the grant down.

The Public Works and Facilities Committee recommended this action at its June 27, 2011 meeting. .

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

e. Ordinance 2011-11(J)
An Ordinance Appropriating To The Manager The Sum Of $28,000 As Funding For The Montana Creek Access Repairs Capital Improvement Project, Grant Funding Provided By The Alaska Department of Fish and Game.

Economic Impact Note

This ordinance would appropriate a $28,000 Alaska Department of Fish and Game grant to a new Montana Creek Trail Access Improvements Capital Improvement Project. The grant will allow CBJ to make needed repairs to the trail access and adjoining parking area.

The Public Works and Facilities Committee reviewed this action at its August 1, 2011 meeting. .

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

f. Ordinance 2011-11(K)
An Ordinance Appropriating To The Manager The Sum Of $39,654 As Partial Funding For Firefighter Training, Grant Funding Provided By The U.S. Department Of Homeland Security And Federal Emergency Management Agency.

Economic Impact Note

The Assistance to Firefighters Grant of $39,654 has been awarded to Capital City Fire/ Rescue by the Federal Emergency Management Agency for firefighter training development for career and volunteer employees, along with other Southeast Alaska cities, communities, and villages.

The FY12 fire training operations budget included the 10% match requirement of $4,406.

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

g. Ordinance 2011-11(L)
An Ordinance Appropriating To The Manager The Sum Of $250,000 For The AJ Mine Capital Project, Funding Provided By The Sales Tax Budget Reserve.

This ordinance would appropriate $250,000 from the Sales Tax Budget Reserve to a new AJ Mine Capital Improvement Project. The funds would be used for a study of the drinking water system and related issues, staff time, and legal costs. To accommodate the increased workload, the Engineering Department will promote from within to fill a newly created Deputy Director position.

The Committee of the Whole approved this action at its June 27, 2011 meeting.

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

VIII. PUBLIC HEARING

A. Ordinance 2011-17
An Ordinance Providing For The Levy And Collection Of Temporary 3% Areawide Sales Tax On The Sale Price Of Retail Sales, Rentals, And Services Performed Within The City And Borough Of Juneau, Such Tax To Be Effective On July 1, 2012, Intended To Be Allocated For Certain Purposes As Set Forth Herein; And Calling For An Election On Whether Such Sales Tax Shall Be So Levied.

This ordinance would place before the voters, at the October 4, 2011 municipal election, a five-year extension of the temporary 3% sales tax, which is set to expire in 2012. The current 5% CBJ sales tax has three components: a permanent 1% sales tax, a temporary 3% sales tax, and a temporary 1% sales tax. Under the CBJ Charter, all sales taxes must be approved by the voters. The temporary 3% sales tax is presently set to expire on July 1, 2012, unless extended by the voters. This ordinance would place the extension question on the next regular election ballot.

I recommend this ordinance be adopted.

h. Ordinance 2011-18
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of U.S. Survey 381 FR, Located At The Corner Of Atlin Drive And Mendenhall Loop Road, Currently Zoned D-10, To Light Commercial, LC.

Notice of Decision      Staff Report       Exhibit A        Stevenson Letter         Wild Letter     

Lands Committee Minutes

The applicant has requested a zone change from D-10 to Light Commercial (LC).

This site is located in Subarea 4 of the 2008 Comprehensive Plan (map G). The plan shows this lot as Medium Density Residential (MDR). Page 164 of the 2008 Comprehensive Plan describes MDR as follows:

These lands are characterized by urban residential lands for multi-family dwelling units at densities ranging from 5 to 20 units per acre. Any commercial development should be of a scale consistent with a residential neighborhood.

The LC district (49.25.230(a)), is intended to accommodate commercial development that is less intensive than that permitted in the General Commercial (GC) district. LC districts are primarily located adjacent to existing residential areas. Although many of the uses allowed in this district are also allowed in the GC, they are listed as Conditional Uses in this district and therefore require Planning Commission review to determine compatibility with surrounding land uses. A lower level of intensity of development is also achieved by stringent height and setback restrictions.

The CBJ Land Use Code (49.75.120) provides minimum restrictions for zone change requests. This proposal conforms to these restrictions as follows:

1. The request is for a site of 2.68 acres, which exceeds the minimum lot size of two acres for a single lot rezone request. A Light Commercial Zoning District is located directly across Mendenhall Loop Road.

2. No similar request has been made in the past year.

However, this request does not conform, in that the request is not consistent with the land use maps of the 2008 Comprehensive Plan.

The Planning Commission, at its April 26, 2011 meeting, recommended the Assembly deny rezoning the subject parcel from D-10 to LC. The Lands Committee, at its August 1, 2011 meeting recommended sending this ordinance to the full Assembly.

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

i. Ordinance 2011-11(F)
An Ordinance Appropriating To The Manager The Sum Of $2,000,000 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Funding Provided By The Federal Aviation Administration
.

Economic Impact Note

This ordinance would appropriate $2,000,000 to the Runway Safety Area Construction project (RSA). The funds come from a Federal Aviation Administration (FAA) Airport Improvement Program grant (AIP53). Matching funds will be from the Alaska Department of Transportation, and Airport funds received through royalty payments from the FAA for fill material provided by the Airport to this project.

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

I recommend this ordinance be adopted.

j. Ordinance 2011-11(G)
An Ordinance Appropriating To The Manager The Sum Of $250,000 As Funding For The Juneau Mendenhall Valley Street Dust Sweeper, Funding Provided By The Alaska Department of Transportation and Public Facilities.

This ordinance would appropriate to the Manager an amount not to exceed $250,000 as funding for the purchase of an eight-cubic-yard self-propelled pure vacuum street sweeper to be used on Mendenhall Valley Streets only. Funding for the street sweeper would be provided by the Federal Government Congestion Mitigation/Air Quality program and received through the Alaska Department of Transportation and Public Facilities. These funds are to be used to reduce traffic congestion and/or improve air quality in federally designated non-attainment areas. The Mendenhall Valley is a non-attainment area.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Initiative Petition - Draft Ordinance 2011-19
An Ordinance Amending The Revenue And Taxation Code By Adding A Tax Of $.15 Per Bag On All Plastic Shopping Bags Provided By Certain Retailers At The Point Of Sale.

Clerk's Memorandum

The CBJ Charter provides that when an initiative petition has been determined to have sufficient signatures, “the clerk immediately shall submit it to the Assembly.” If the Assembly fails to adopt a proposed initiative measure “without any change in substance,” it shall be placed on the ballot. The Charter gives the Assembly the opportunity to adopt an ordinance for which an initiative has been certified.

Ordinance 2011-19 would enact the code changes contained in the initiative petition recently certified by the Clerk, imposing a “plastic bag tax.” The ordinance makes no changes to the initiative language. It would levy $0.15 on each plastic shopping bag provided by certain retailers at the point of sale. The requirement to remit the plastic bag tax would be restricted to retailers that have average annual gross sales of $15 million or more. The Clerk’s Office has certified that the petition has sufficient signatures. The Assembly now has the opportunity to choose whether or not to introduce and adopt the measure.

The Assembly may now introduce the ordinance; decline to introduce the ordinance, refer it to a committee, table it, or take no action. The Charter allows the Assembly 45 days in which to act on the measure. Due to the Clerk’s ballot preparation deadlines, however, action beyond August 22, 2011 would result in the measure appearing on the October 2012.

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

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



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