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 AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, September 19, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-21

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition – Officer Tracy Murphy
B. Mental Illness Awareness Proclamation

IV. APPROVAL OF MINUTES

A. August 22, 2011 – Regular Assembly Meeting 2011-19 – Revised Minutes
B. August 29, 2011 – Special Assembly Meeting 2011-20

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 2011-24
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of U.S. Survey 1042, Tract B; Wildmeadow Park, Tracts 1, 2, 3, 8, 9, 10, And 11; U.S. Survey 1041, Tract A; And U.S. Survey 1041, Tract B; Located Near Wildmeadow Lane And Glacier Highway, Currently Zoned D-1 (T) D5 To D-1
.

Exhibit A

This Community Development Department-initiated rezone includes a mix of privately owned and CBJ-owned parcels. The privately owned parcels were transitioned from D-1(T) D-5 to D-5 by the Planning Commission on June 14, 2011. The remaining parcels are all owned by CBJ.

The 2008 Comprehensive Plan maps show the CBJ-owned parcels as CBJ Recreational Service Park (RS) and CBJ Natural Area Park (NP). The area set aside for the raptor center is shown as RS. The Comprehensive Plan describes RS, on page 162, as parks developed for active recreation or programmed use. The CBJ-owned parcels in the Wildmeadow Park Subdivision are identified as NP, and the Plan describes NP, on page 162, as “...lands characterized by areas of natural quality designed to serve the entire community by providing fish and wildlife habitat, open space/natural areas, access to water, and opportunities for passive and dispersed recreation activates.” The Plan further provides that these areas should be zoned to prevent residential, commercial, and industrial development.

The D-1 zoning district most closely aligns with the 2008 Comprehensive Plan, and accommodates the future development of the raptor center.

The Planning Commission recommended this action at its June 14, 2011 meeting.

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

b. Ordinance 2010-11(BB)
An Ordinance Appropriating To The Manager The Sum Of $2,834,051 To Fund The City And Borough Of Juneau’s Fiscal Year 2011 Public Employee Retirement System Contribution; Funding Provided By The Alaska Department Of Administration.

This is a housekeeping ordinance that will appropriately reflect, for accounting purposes (budget to actual), the State’s 5.96% PERS contribution for FY11 (July 1, 2010 through June 30, 2011). This is the amount paid by the State in excess of the required 22% employer contribution rate. Since this amount represents contributions through June 30, 2011, we did not obtain the final accounting from the State until after yearend (approximately mid-August of each year).

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

c. Ordinance 2011-11(P)
An Ordinance Appropriating To The Manager The Sum Of $80,000 As Partial Funding For The Affordable Housing Coordinator Position, Grant Funding Provided By The Alaska Housing And Finance Corporation Community Homeless Coordination Grant Program.

Economic Impact Note

CBJ applied for, and received, an Alaska Housing Finance Corporation (AHFC) Community Homeless Coordination grant of $80,000. The intent of the grant is to fund partially the Affordable Housing Coordinator contract with Juneau Economic Development Council (JEDC) in FY12 and FY13.

The Assembly designated $60,000 from the Affordable Housing Fund for the Affordable Housing Coordinator position in the FY12 budget. Utilizing $40,000 from this AHFC grant would fully fund the JEDC contract for this service in FY12. The remainder of the grant funding will be used for similar services in FY13.

The Lands Committee, at its August 15, 2011 meeting, recommended accepting the $80,000 received from the AHFC Community Homeless Coordination Grant program, which would partially fund contractual services for the CBJ Affordable Housing Coordinator position in FY12 and FY13.

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

d. Ordinance 2011-11(Q)
An Ordinance Appropriating To The Manager The Sum Of $166,922 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Grant Funding Provided By The State of Alaska Department of Transportation.

Economic Impact Note

This ordinance would appropriate $166,922 to the Airport Runway Safety Area Project. The funds come from an Alaska Department of Transportation grant. Other funds for this project come from the Federal Aviation Administration, and the “in-kind” contribution of fill material from the Juneau International Airport project.

The Airport Board recommended this action at its September 14, 2011 meeting.

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

e. Ordinance 2011-11(R)
An Ordinance Appropriating To The Manager The Sum Of $26,254 As Additional Funding For The Crisis Intervention Specialist, Grant Funding Provided By The U.S. Department of Justice, Office of Justice Programs.

Economic Impact Note

This ordinance would appropriate $26,254 as additional grant funding for the Crisis Intervention Specialist Program, which funds a position to work with victims of domestic violence. Funding is provided by the U.S. Department of Justice, Office of Justice Programs. This grant is for personnel services only and will extend funding for the position through March 2012. There are no matching funds required for this grant.

The Juneau Police Department (JPD) has received two previous grants for the Crisis Intervention Specialist Program. The first grant for $147,543 was received in June 2009 and the second grant for $30,886 was appropriated as part of JPD’s FY12 operating budget.

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

2. Resolutions

a. Resolution 2586
A Resolution Relating To The Tongass Futures Roundtable, And Repealing Resolution 2408(b).

Resolution 2408(b)

This resolution would repeal Resolution 2586, which provided general Assembly support for actions by the Tongass Futures Roundtable, and, instead, would substitute a case-by-case approach, issue by issue.

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

b. Resolution 2587
A Resolution Authorizing The Filing Of An Annexation Petition Before The Local Boundary Commission Regarding Lands Recommended For Annexation Into The City And Borough By The CBJ Annexation Study Commission.

This resolution would authorize the Manager to submit a petition to the Local Boundary Commission to annex land to the south of the present borough boundary, as recommended under the “model borough boundaries” developed by the State in 1991, and recommended by the CBJ Annexation Study Commission in 2005. The community of Petersburg has submitted a petition to annex the same lands, among others. If authorized by the passage of this resolution, CBJ would file a competing petition before the deadline for comment on the Petersburg petition, October 26. The Manager has taken steps to contract with JEDC to outline the factual support for the petition, and the Law Department is working on the legal argument. As filing a petition with the Local Boundary Commission is a substantial undertaking, work should commence as soon as practicable.

I recommend this resolution be adopted.

3. Transfer

a. T-929, Transferring $30,000 From Eaglecrest Mountain Operations/Lifts Capital Improvement Project (CIP) To Casey Shattuck III, IV, and V CIP.

Impact of Budget Action

On April 11, 2011, the Assembly authorized Transfer T-926, which provided a $30,000 loan from the Casey Shattuck III, IV, and V Project to the Eaglecrest Mountain Operations/Lifts Project. The loan allowed Eaglecrest to begin work on installing a low voltage control and communication system for the Hooter Chairlift in time for work to be completed prior to the 2011-2012 season.

Eaglecrest received additional funding with the FY12 CIP, so now the $30,000 can be transferred back into the Casey Shattuck CIP.

The Public Works and Facilities Committee recommended this action at its August 29, 2011 meeting.

I recommend this transfer be approved.

4. Bid Award

b. E12-036 - Juneau International Airport (JNU) Terminal Main Entry.

Bids were opened for the project on September 14, 2011. The bid protest period expires at 4:30 p.m. on September 15, 2011.

This project consists of the renovation of the main entry of the Juneau International Airport terminal. Work includes steel, glass, exterior wall system, and related components. Additive Alternate 1 consists of an additional exterior canopy, to be constructed of steel and glass.

Funding Source: JNU Passenger Facility Charges/Sales Tax
Total Funds, this project: Approximately $1.4 million
CIP No.: A50-073
Construction Encumbrance: $1,014,000
Construction Contingency: Approximately $120,000
Consultant Design: Approximately $55,000
Consultant Construction Administration/Inspection: Approximately $60,000
Airport Administrative Costs: Approximately $150,000

The Airport Board recommended this action at its September 14, 2011 meeting.

I recommend award of this project to McGraw Custom Construction, in the total amount bid, for an award of $1,014,000.

VIII. PUBLIC HEARING

A. Ordinance 2011-22(b)
An Ordinance Amending The Land Use Code To Revise The Superimposed Parking District Map, From Centennial Hall To Gold Creek.

Notice of Recommendation                                   Exhibit A

The Planning Commission recommended that the Assembly approve the expansion of the Parking District 1 (PD-1) overlay map at its July 26, 2011 meeting. This district only overlays downtown Juneau, as seen in Exhibit A. The district provides a significant, automatic reduction in the normal parking requirement.

The following are the goals of this district: increase usage of existing parking areas and garages; encourage the reuse of existing building space; reduce the need to create more parking on highly valuable downtown land; retain historic buildings; encourage mixed-use development; and recognize the value in pedestrian and transit infrastructure as transportation opportunities. Expanding the district to Gold Creek at this time will coincide with the draft Willoughby District Land Use Plan, and benefit the State Library Archive Museum project. This area of downtown is underutilized and contains barriers to future development. By expanding the PD-1 district, these barriers can be reduced and allow the neighborhood to be redeveloped to a higher potential.

Version (b) amends the title to specify the location of the map change.

I recommend this ordinance be adopted.

B. Ordinance 2011-23
An Ordinance Amending the Official Zoning Map of the City and Borough Relating to the Zoning of U.S. Survey 381 FR, Located at the Corner of Atlin Drive and Mendenhall Loop Road, and Repealing Ordinance Serial No. 2011-18.

2011-18

This ordinance would repeal Ordinance 2011-18, rezoning certain property on Atlin Drive. The City Attorney has determined that Ordinance 2011-18 violates a provision of the Land Use Code, CBJ 49.75.120, Restrictions on Rezonings, and recommends that the ordinance be repealed. The third sentence in CBJ 49.75.120 provides: “A rezoning shall not allow uses which violate the land use maps of the Comprehensive Plan.” This is a narrow restriction; it only relates to uses – developments that are allowed in zoning districts – and it is based only on the Comprehensive Plan maps (the language of the Comprehensive Plan is much more likely to be ambiguous). Accordingly, under this code section, to the extent that uses are designated by the maps, that designation restricts rezonings. The Community Development Department has made clear that the Comprehensive Plan maps would, in fact, limit the uses in this case; and, accordingly, the City Attorney recommends against rezoning to a Light Commercial zoning designation, as it would violate CBJ 49.75.120.

I recommend this ordinance be adopted.

C. Ordinance 2011-11(M)
An Ordinance Appropriating To The Manager The Sum Of $50,000 As Funding For A Mobility Manager, Grant Funding Provided By The Alaska Department Of Transportation And Public Facilities.

Economic Impact Note                                  PWFC Materials

The Mobility Manager grant provides up to $50,000 per year, for up to three years, to fund work coordinating resources and increasing support of Coordinated Human Services Transportation providers. Transitional support will be provided under contract with Juneau Economic Development Council, which currently supports the Juneau Coordinated Transportation Coalition. This ordinance would appropriate $50,000 for FY12. It is anticipated that $50,000 will be awarded in both FY13 and FY14. A local match of $10,000 each year is required and will be provided in-kind by CBJ staff time dedicated to Mobility Manager duties.

The Public Works and Facilities Committee recommended this action at its August 29, 2011 meeting.

I recommend this ordinance be adopted.

D. Ordinance 2011-11(N)
An Ordinance Appropriating To The Manager The Sum Of $12,865,000 As Funding For The State Of Alaska’s Designated Legislative Grant Projects, Grant Funding Provided By Alaska Department Of Commerce, Community And Economic Development
.

Economic Impact Note-JSD        Economic Impact Note-Auke Bay     

Economic Impact Note-Affordable Housing      Economic Impact Note-Cruise Ship

This ordinance would appropriate $12,865,000 in four Alaska Department of Commerce, Community, and Economic Development legislative grants as follows:

Affordable Housing Loans - $90,000:
Project Description: This grant would be combined with existing funding to provide low-interest loans to affordable housing projects and proposals in the Juneau area.

The Assembly submitted a funding request of $1.5 million to the 2011 Legislature, to augment the balance of the CBJ Affordable Housing Fund. An FY12 Designated Legislative Grant for $90,000 was appropriated to CBJ. This ordinance would appropriate the grant funding to the CBJ Affordable Housing Fund, which has a balance of $400,000.

The Affordable Housing Commission is done funding requests for housing projects that were submitted during the first round of applications. Staff anticipates that a second round of applications will be conducted before the end of the calendar year.

The Lands Committee, at its August 1, 2011 meeting, approved a motion to recommend the Assembly appropriate $90,000 to the Affordable Housing loans fund.

Juneau School District Technology Upgrades - $275,000
Project Description: This grant would be used to purchase network upgrades for Riverbend and Floyd Dryden schools, 82 Apple desktop computers for Dzantik’i Heeni, Ebooks, and new books for School District libraries.

Cruise Ship Dock Improvements - $7,500,000
Project Description: This grant would be combined with existing project funding for the Juneau Cruise Ship Dock Improvements project to construct two new floating berths to accommodate “Post-Panamax” sized vessels. The project includes security and safety upgrades to the current dock facilities and the staging for landside vehicle support areas including new mooring dolphins, fenders, and other improvements. The project would improve safety and reduce congestion for pedestrian and vehicular traffic for disembarking cruise passengers.

The total cost estimate for the project is $61.6M. This ordinance would appropriate the $7.5M state grant into the overall budget of the project. The project would be constructed during three off-season phases beginning October 1, 2012 and completed May 1, 2015.

The Public Works and Facilities Committee recommended this action at its August 29, 2011 meeting.

Auke Bay Harbor Improvements - $5,000,000
Project Description: This grant would provide partial funding of the Auke Bay Harbor Improvements project, which would construct two new mooring floats to replace the failing existing floats at DeHart’s Marina facility. A new head float would be constructed to replace the existing head float at Statter Harbor mooring facility to accommodate connection to the new floats. The project would include new piling, floats, electrical wiring, pedestals, water lines, and hydrants.

The total cost estimates for the project is $5.3 million. This ordinance would appropriate the $5 million state grant into the overall budget of the project. The project would be constructed beginning October 1, 2012 with completion by May 1, 2013.

The Public Works and Facilities Committee recommended this action at its August 29, 2011 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2011-11(O)
An Ordinance Appropriating To The Manager The Sum Of $116,708 As Funding For The Local Emergency Planning Committee And The Emergency Management Performance Grant, Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note-LEPC                       Economic Impact Note-EMPG

This ordinance would appropriate an $116,708 grant from the Alaska Department of Military and Veterans Affairs for the Local Emergency Planning Committee and the Emergency Management Performance Grant.

Local Emergency Planning Committee (LEPC) - $12,143
These grant funds would support the goals and activities of the Juneau Local Emergency Planning Committee (LEPC). Specific activities include:

• LEPC Support Services (Admin Labor)
• LEPC Web Site Development
• LEPC Equipment
• Outreach Projects and Media Campaigns
• Emergency Preparedness Brochures/ Handouts/ and Flyers
• Local Training Events
• Emergency Operations Plans Updates

There is no match requirement for the LEPC grant.

Emergency Management Performance (EMPG) - $104,565
These grant funds are slated to support the goals and activities of the Emergency Management Performance Grant. These funds partially support salaries for two CBJ Staff members while performing Planning, Training, and Exercising of Emergency Management Functions. Emergency Management performance includes, but is not limited to, the following tasks:

• Preparing the jurisdiction’s Local Capability Assessment (LCA) Document for the State.
• Attendance at the State’s Training and Exercise Planning Workshop.
• Maintaining NIMSCAST national standards compliance.

There is a dollar-for-dollar in-kind match requirement for the EMPG grant.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. City Manager – Voter Brochure

An additional $3,000 in funding is needed for the October 2011 voter information brochure. This funding will be added to $5,500 already appropriated in the FY12 budget. The additional funding is needed to fund the cost of producing and distributing a twelve-page voter information brochure, including information on the temporary 3% sales tax levy question, Municipal Official Financial Disclosure, initiative petition on plastic bags, and two school bond propositions. This information is being submitted to the Assembly to satisfy the Alaska Public Offices Commission’s requirement that the funding used for such purposes is of public record and specifically identified.

The Manager’s Office is seeking Assembly approval of this item.

B. Lands Department – Approval of Property Acquisition

Budget                    Map

Staff has been working with Archipelago Properties, LLC to acquire a portion of the 1.69-acre property. The property is located at 356 South Franklin Street and is commonly known as the vacant lot immediately south of the Marine Park Parking Garage. The legal description of the property is Lot 7A, Block 83, Tidelands Addition to the City of Juneau. The CBJ currently utilizes a revocable easement on the property that serves as an expansion of the public sidewalk. The easement was issued to CBJ in 2006 at no charge.

The terms of the acquisition includes purchase of a five-foot strip of land parallel to the South Franklin Street sidewalk. The purchase area would be approximately 1,421 square feet in size. The purchase price is $300 a square foot. The total square footage of the purchase area will be determined by a land survey that will subdivide the property and create the purchase area. The total purchase price is estimated to be $426,300. The final purchase price may vary slightly from this amount, and will be determined by the square footage calculations generated by the land survey. The land survey cost will be approximately $3,630, with a not to exceed cost of $5,000. The larger 1.69-acre property is for sale and the owner has expressed the need to complete this transaction in a timely manner. Funding for the acquisition will come from the Marine Passenger Open Space Waterfront Land Acquisition.

The Lands Committee recommended this action at its August 15, 2011 meeting, and it is before the Assembly for approval.

C. Docks and Harbors Department – Approve Purchase Of 45-ton Sea-Lift From Krause Manufacturing Inc.

August 30 Gillette Letter            Sea Lift Information            Cost Comparison               Board Memo

The Docks and Harbors Department is seeking Assembly approval for the purchase of a self-propelled hydraulic boatlift for use at the Auke Bay Loading Facility (ABLF). The funding for this purchase would be provided by a federal TIGER grant, which is funding Phase II work at the facility.

The Docks and Harbors Department determined that a self-propelled hydraulic boatlift would best serve the needs and space configurations of the ABLF. The self-propelled lift is also the most cost effective method to lift boats, as there is no need for expensive infrastructure or for a pile-supported lift travel way.

The specific machine to be purchased is a 45-Ton KMI Sea-Lift built in Bellingham, Washington. The features of this machine provide safety for operators, efficient handling of various vessel types, reduced stress loading on boat hulls, and efficiency of space required for maneuvering on the ABLF site. The total cost, including shipping to Juneau, set up, and training is $529,500.

The Docks and Harbors Board recommended this action at its August 25, 2011 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 – The Assembly will go into Executive Session for discussion of the following topics:
A. Seawalk Negotiations
B. Status of Union Contract Negotiations
C. Solid Waste Recycling

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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