<2012_10_08_Assembly

ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, October 08, 2012, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2012-27

Submitted by: _____________________________
Kimberly A. Kiefer
City and Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Dale Wygant

IV. APPROVAL OF MINUTES

A. September 17, 2012 – Regular Assembly Meeting 2012-25

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 2012-39
An Ordinance Amending the Conflicts of Interest Code Regarding the Definition of "Financial Interest."

The key provision of the CBJ Conflict of Interest Code is its admonition: “A municipal officer may not … take or withhold official action to affect a matter in which the municipal officer has a … financial interest.” Violation of this code section is a Class B Misdemeanor. Accordingly, the definition of “financial interest” is critical. The present definition includes “an interest in a business or professional relationship from which the person … has received compensation.” There is no limitations period on that look-back period for when the municipal officer had received compensation in the past. After surveying municipal conflict of interest codes from around the state at the request of the Human Resources Committee, the City Attorney recommended adding a three-year limitations period, which is what this ordinance would do if enacted. The Human Resources Committee considered this ordinance at its meeting of September 17, 2012, and recommended adoption by the Assembly.

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

b. Ordinance 2012-40
An Ordinance Amending Traffic Fine Schedule.
This housekeeping ordinance would put into the fine schedule the fines for certain infractions. The fine schedule designates which offenses that can be satisfied by payment of a fine – like a parking ticket – without appearing in court. This ordinance would add to the fine schedule proceeding through a red arrow without stopping, drinking while driving, and failure to exercise proper care while driving. The fine amounts are set to align with the whole set of infraction fines.

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

2. Resolutions

a. Resolution 2624
A Resolution Providing For Interest Rates For The General Obligation School Bond Being Issued Through The Alaska Municipal Bond Bank.

This resolution would set the maximum amount for interest rates for the sale of $11.96 million in general obligation (GO) bonds ($13.19 million in total proceeds, including bond premium). The sale consists of 10-year bonds to fund capital projects at Auke Bay School and Adair Kennedy field. The sale of bonds for this purpose was approved by the voters on October 5, 2010. This resolution delegates authority to the City Manager or designee to adopt interest rates at or below amounts listed in Schedule A of the resolution. The bonds are scheduled to be sold in the financial markets Tuesday October 9, 2012, through the Alaska Municipal Bond Bank Authority.

These projects qualify for 70% reimbursement under the State’s School Construction Bond Debt Reimbursement Program. 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 2.50% for these bonds is $14.62 million. The CBJ expects to receive reimbursement from the State of $10.23 million, assuming full state funding, and leaving $3.39 million to be paid from local tax levies.

Schedule A “Prescribed Maturity Schedule” identifies the preliminary estimates of the dollar amount of individual bond maturities and interest rates that will result from the October 9 bond sale. In order to have the rates, included in the resolution, be as accurate as practical the CBJ bond advisor will update the interest rates based on the financial markets the morning of October 8. An updated schedule A will be prepared and handed out at the Assembly Meeting. The Finance Committee, at its meeting of October 3, 2012, referred this resolution to the Assembly for action.

I recommend this resolution be adopted.

b. Resolution 2625
A Resolution Providing For Interest Rates For The General Obligation Refunding Bond Being Issued Through The Alaska Municipal Bond Bank.

This resolution would set the maximum amount for interest rates for the sale of $7.79 million in general obligation (GO) bonds ($8.77 million in total proceeds, including bond premium). The proceeds will be used to refund the 2003B Capital Improvement Project (CIP) Bonds. The sale consists of 10-year bonds. This resolution delegates authority to the City Manager or designee to adopt interest rates at or below amounts listed in Schedule A of the resolution. The bonds are scheduled to be sold in the financial markets Tuesday October 9, 2012. These bonds would be sold through the Alaska Municipal Bond Bank Authority.

The estimated total remaining debt service, including interest at an average rate of 2.5%, for these bonds is $10 million. The total savings from the refunding will be approximately $1 million, with a present value savings of $876,000. These savings would be realized annually over the life of the new bonds. The debt service funding for these bonds has already been included in the debt service component of the property tax mill rate.

I recommend this resolution be adopted.

c. Resolution 2629
A Resolution Establishing Guidelines for the Amount, Use, and Replenishment of the City and Borough Budget Reserve.

In 2011, the Mayor established a Fiscal Policy Task Force to make a determination on, and subsequently recommend to the Assembly, the necessity of a budget reserve for the CBJ. The Task Force was directed to address the following issues:

· Whether a budget reserve should be maintained;
· At what amount should it be maintained; and
· Under what circumstances should the reserve be accessed.

In February 2012, the Task Force presented its recommendations to the Assembly Finance Committee. The AFC directed staff to draft a resolution that would establish guidelines for the amount, use, and repayment of the City and Borough of Juneau’s Budget Reserve as recommended by the Task Force.

This resolution establishes the guidelines for the amount, use, and repayment of the budget reserve. The Finance Committee, at its meeting of October 3, 2012, referred this resolution to the Assembly for action.

I recommend this resolution be adopted.

3. Bid Award
a. Dimond Park Aquatic Center 1% for Art Proposals (CFA E12-034)

An Art Selection Panel conducted a Call for Artists in Spring, 2012. Art proposals were received from ten artists, from which three were selected by the Panel. Art proposals are described in the attached September 6, 2012 memo to the Public Works & Facilities Committee, with amounts listed below:

Catotti and Goldberg Art Studio - Haines, Alaska
Award amount: $35,000

Extreme Dreams – Haines, Alaska
Award amount: $25,000

Dan Deroux – Juneau, Alaska
Award amount: $60,000

The Public Works and Facilities Committee reviewed the proposals at its September 10, 2012 meeting and recommended forwarding it to the Assembly for approval.

I recommend approval of award of the art contracts.

VIII. PUBLIC HEARING

A. Ordinance 2012-20(S) EIN
An Ordinance Appropriating To The Manager The Sum Of $552,685 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Transportation.

This ordinance would appropriate $552,685 to the Airport Runway Safety Area (RSA) Project. Grant funding is provided by an Alaska Department of Transportation. This funding provides a portion of the match requirement for Phase 2A of the Runway Safety Area Project. Additional required match funding was adopted by the Assembly on July 16, 2012 (Ordinance 2012-20(A)).

The Airport Board recommended this action at its June 13, 2012 meeting.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. IUOE – Appeal Final Decision

X. NEW BUSINESS

A. Appeal of the Planning Commission decision regarding a Conditional Use Permit to add a new driveway along Berners Avenue for the Professional Plaza office complex in the Mendenhall Valley.

On August 27, 2012, the Planning Commission issued a final decision to approve the addition of a new driveway along Berners Avenue for the Professional Plaza office complex in the Mendenhall Valley. Janet Thrower, filed a timely Notice of Appeal of this decision with the Municipal Clerk’s Office on Monday, September 24, 2012.

The Notice of Appeal and the Notice of Decision are in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

The appellants, the permit holder and the Planning Commission have been advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

XI. STAFF REPORTS
A. Franklin Dock, AK/DOT Agreement

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. Property Negotiations
B. City Manager Interim Review

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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