ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, October 10, 2005 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2005-28

Submitted by: Kim Kiefer, Acting City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition – Mike Tagaban Retirement
B. Caroline Jensen Proclamation
C. Disability Awareness Proclamation – Presentation to SAIL

IV. APPROVAL OF MINUTES

A. September 19, 2005 – Regular Meeting 2005-27

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 2005-34    CBJ Code 20.05
An Ordinance Repealing Chapter 05 Of The Business Regulations Code Relating To Itinerant Merchants, Solicitors And Peddlers.

This ordinance amends Title 20, the CBJ Business Regulations Code, to repeal Chapter 05 relating to licensing of itinerant merchants, solicitors and peddlers. This chapter was part of the code of the Greater Juneau Borough and remains in the CBJ code largely in its original form.

The City Attorney has determined that the itinerant merchants code is outdated and unconstitutional.

In addition, the CBJ is not able to enforce the ordinance uniformly. In practice the only vendors who apply for a license are those who ask about requirements and then submit an application. Anyone can go door-to-door soliciting and the CBJ has no way of knowing unless someone happens to report it.

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

2. Resolutions

a. Resolution 2330
A Resolution In Support Of The North Douglas Crossing And West Douglas Development.

The Alaska Department of Transportation and Public Facilities (DOTPF) has partnered with the CBJ and the Federal Highway Administration to prepare an Environmental Impact Statement (EIS) to determine the location and conceptual design of a proposed second Gastineau Channel crossing. The EIS Preliminary Scoping Report was issued by DOTPF in November 2004 and the Project Development Summary Report was issued in May 2005.

This resolution expresses the Assembly’s support for completion of the Juneau Second Crossing EIS and narrowing the scope of alternative crossing concepts to those that best meet the results of the EIS preliminary scoping report. Specifically, it sets out the Assembly’s support for the EIS to focus on three proposed crossing concepts: Vanderbilt Hill Road Area Crossing, Sunny Drive Area Crossing, and Yandukin Drive Area Crossing. It supports the elimination of the area west of the airport from consideration for a crossing corridor based on the recommendations in the Preliminary Scoping Report and the Project Development Summary Report, which discuss a variety of reasons that make the crossing alternatives in that area problematic. By adoption of this resolution, the Assembly also adopts the 1997 CBJ and West Douglas Conceptual Plan as a general growth strategy for development and commits that the Assembly will actively participate in planning for this new growth area.

In adopting this resolution, the Assembly will have followed through on the key components of “The Next Steps” for the second crossing project suggested in DOTPF’s Project Development Summary Report.

The resolution was developed by the West Juneau Development Working Group. It was reviewed by the Lands Committee at its meeting on September 12 and the committee recommended approval by the Assembly.

I recommend this resolution be adopted.

b. Resolution 2331
A Resolution Reestablishing And Renaming The Douglas Service Area Advisory Board, And Repealing Resolution Nos. 210 And 1665.

The Douglas Service Area Advisory Board was established originally by Charter as a transitional measure to represent the City of Douglas's interests in the newly formed City and Borough of Juneau for a two-year period. In 1973, the Assembly continued the board's function by adopting Resolution No. 210, which established a five-member board of qualified voters residing in the Douglas Service Area. In 1979, the Assembly amended the board's membership to consist of not less than five, and no more than 11 members. In 1993, the Assembly again amended the board's membership to consist of nine members for staggered three-year terms.

On August 30, the Douglas Service Area Advisory Board voted to recommend that its membership be reduced from nine to seven. This change will increase the board’s efficiency by reducing the number needed to establish a quorum. The board also recommended that its name be shortened to the “Douglas Advisory Board.” The board will continue to advise the CBJ on matters that affect Douglas Island and its facilities and residents.

The Human Resources Committee considered this matter at its meeting of September 19 and voted to forward this resolution to the Assembly with a recommendation for adoption.

I recommend this resolution be adopted.

c. Resolution 2332
A Resolution In Support Of Mediation To Resolve Disputes Relating To The Coeur Alaska Kensington Gold Project.

The Coeur Alaska Kensington Gold Project is the largest mining project in Southeast Alaska in years. Coeur Alaska has spent over $25 million in performing over 900 environmental studies on the Kensington project since the late 1980s. The future of this project is of great concern to the City and Borough of Juneau because of the economic and employment benefits it will bring to this community.

The Kensington Project has been fully permitted by the appropriate governmental agencies. In August 2004, the Planning Commission issued the necessary CBJ allowable use permit. In May 2005, state agencies issued 12 separate permits. In June 2005, the Army Corps of Engineers issued a section 404 permit under the Clean Water Act approving the mine tailings disposal plan. The U.S. Forest Service has approved the plan of operations for the project.

In mid-September, the Southeast Alaska Conservation Council, Lynn Canal Conservation, and the Sierra Club filed a lawsuit in federal court challenging the decisions of the federal agencies to approve the permits for the project. Both Coeur Alaska and the State of Alaska are intervening in the lawsuit.

This resolution urges all of the parties to submit their disputes immediately to mediation and attempt to resolve their concerns without protracted litigation. The Assembly offers the CBJ’s resources in identifying a mediator and coordinating meeting times and places. The Assembly also requests that the parties express their willingness to participate in mediation to the Assembly no later than Friday, October 21.

At its meeting on October 3, the Committee of the Whole discussed this resolution and recommended forwarding to the Assembly for consideration at tonight’s meeting. The Committee also indicated that, depending on the response from the parties, the Assembly may take further action on this matter at its meeting on October 24.

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

3. Transfers

a. T-822     Budget Impact Analysis     Park Project

Transferring $100,000 From Parks and Playground Improvement Project to West Juneau Park.

This request authorizes the transfer of $100,000 from the Parks and Playground Improvements Project, P396-59 to West Juneau Park Project, P396-49. This transfer is required to complete the construction work for the park improvements. The West Juneau Park capital improvement project budget will be $260,012 after this transfer

The Public Works and Facilities Committee will review this transfer at its October 10, 2005 meeting.

I recommend approval of Transfer Request T-822.

VIII. PUBLIC HEARING

A. Ordinance 2005-29
An Ordinance Relating To The Seawalk In The Area Encompassed By The Long Range Waterfront Development Plan.

This ordinance amends Title 49, the CBJ Land Use Code, to update provisions to construct a seawalk along the downtown waterfront. The current code, in place since the 1980s, requires property owners in this area to dedicate an easement and construct a seawalk when developing or redeveloping their property. This amendment:

• extends the geographic area to correspond to the Long Range Waterfront Plan;
• provides that the City, rather than the property owner, construct the seawalk, which allows the Engineering Department to establish standards for construction as a public walkway;
• provides for a fee in lieu of private construction requirement that equates to 20% of the project cost;
• retains the requirement that the property owner dedicate an easement.

This code section provides for construction of the seawalk on properties being developed or redeveloped. For other properties, the LID process could be used.

This revised ordinance allows the City to construct usable transportation corridors as a single project, assures that the seawalk is built to a single standard, and establishes a fair and equitable level of financial participation from property owners.

The Waterfront Development Committee reviewed this concept at its August 15, 2005 and October 3, 2005 meetings. At its October 3 meeting, the Waterfront Development Committee recommended that affected property owners be notified to come to the October 10 Assembly meeting to present opinions and concerns.

I recommend this ordinance be adopted.

B. Ordinance 2005-32(b)
An Ordinance Relating To The Airport Board, The Hospital Board, The Eaglecrest Board, And The Docks And Harbors Board.

This ordinance, was referred to the Committee of the Whole by the Assembly at its September 19, 2005 meeting.

The Committee of the Whole considered this ordinance at its meeting on October 3, 2005. As introduced, this ordinance would have required “the written concurrence” of the City Manager on personnel actions by these boards with regard to their directors. After considering the testimony of members of the Airport, Harbor, and Hospital boards, and discussion of the ordinance, the committee adopted an amendment to delete “written concurrence” and insert “consult with,” as shown in the amended ordinance now before the Assembly. The purpose of the change is to facilitate communication and coordination among the CBJ departments and agencies, and promote constructive working relationships among all members of the CBJ team. The committee approved forwarding Ordinance 2005-32 as amended to the Assembly for public hearing.

The committee also discussed what it means by “consult” and requested that this issue be addressed in the manager’s report.

”Consult” is defined in the Merriam-Webster Online Dictionary to mean “to consider” and “to ask the advice or opinion of.” “Consult” does not mean a veto power. In the context of this ordinance, “consult” means that the board must ask the City Manager for the manager’s opinion, hear his or her views, concerns and advice, and take that information into consideration in good faith in determining the appropriate personnel action.

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

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

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 at the Juneau Municipal Libraries and 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.

 

Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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