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

Monday, December 5, 2005 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2005-36

Submitted by: Rod Swope, City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition

IV. APPROVAL OF MINUTES

A. November 14, 2005 – Special Meeting 2005-33
B. November 21, 2005 - Regular Meeting 2005-34
C. November 28, 2005 – Special Meeting 2005-35

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 2005-11(S)   Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $2,700,000 As Funding For The Eaglecrest Chair Lift, Sewer Expansion, Parking Facility And Statter Harbor, Funding Provided By Sales Tax.

This ordinance appropriates $2,700,000 for the Eaglecrest Chair Lift, Sewer Expansion, Parking Facility and Statter Harbor.

In October, 2005, voters approved an extension of the 1% Sales Tax to fund four capital improvement projects. The proposed schedule of appropriating Sales Tax dollars to the identified projects is as follows:

This Assembly Finance Committee approved this action at its October 26, 2005 meeting.

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

b. Ordinance 2005-11(T)    Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $20,000 As Funding For An Appraisal To Develop Base Rates For Use Of Juneau Port Facilities, Funding Provided By Port Development Fees.

This ordinance appropriates $20,000 for the cost of an appraisal to develop base rates for use of Juneau port facilities, funding provided by Port Development Fees.

The City and Borough of Juneau plans to contract with a consultant to develop an appraisal to reflect the base rate per registered ton of cruise ships using Juneau port facilities. This appraisal is pursuant to the ordinance that sets up a port development fee based on the market value of the docks.

The Public Works and Facilities Committee approved this action at its November 21, 2005 meeting.

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

2. Resolutions

a. Resolution 2337
A Resolution Authorizing Connection Of The Bayview Subdivision Sewer System To The Mendenhall Treatment Plant, Capital Costs To Be Borne By The City And Borough.

Bayview Subdivision in North Douglas is served by a community sewer system designed and constructed in the early 1980’s. In 1993, CBJ accepted responsibility for operating and maintaining Bayview’s existing subdivision collection and disposal infrastructure. CBJ became responsible for meeting state and federal water quality permit requirements. CBJ currently faces potential permit violations for the Bayview system.

CBJ staff proposed construction of a force main connecting Bayview to the Mendenhall Wastewater Treatment Plant with 20% of costs to be paid by residents through a Local Improvement District. Bayview residents asserted that in 1993 CBJ assumed responsibility for all costs associated with the Bayview sewer system and that an LID was inappropriate in their case. On November 14, 2004, the Assembly Committee of the Whole decided that CBJ would pay all costs of a force main connecting to the Mendenhall Treatment Plant, and requested a resolution directing the Manager to implement this decision.

I recommend this resolution be adopted.

b. Resolution 2338    Information from State of Alaska    Past CBJ Res. re Mixing Zones
A Resolution Regarding The Alaska Department Of Environmental Conservation's Proposed Regulations Relating To Water Quality Standards - Mixing Zones.


This resolution expresses the Assembly's opposition to the new 2005 regulations on mixing zones proposed by the Alaska Department of Environmental Conservation and requests that ADEC hold a public hearing in Juneau on the proposal. ADEC is accepting comments until December 19.

In 2004, ADEC proposed regulations on mixing zones that would have removed the current prohibition on mixing zones in anadromous fish spawning areas. The Assembly passed a resolution in October 2004 in opposition to that proposal. ADEC withdrew those regulations due to extensive public comment and concern.

The new ADEC proposal retains the general prohibition on mixing zones in fish spawning areas, but allows for exemptions under certain conditions, as explained in the resolution. This resolution expresses the Assembly's opposition to this proposal because, once again, the change would allow for increased pollution in salmon spawning areas.

I recommend this resolution be adopted.

c. Resolution 2339
A Resolution Amending The Personnel Rules Regarding Relocation Expenses.

Under this Personnel Rule, CBJ pays relocation expenses for employees hired from out of town. If these employees do not stay with CBJ long enough, however, they may be required to repay CBJ for their moving expenses. This Personnel Rule change would extend that time period from two years to four years and pro-rate repayment over that period. The purpose of the proposed change is to encourage greater retention when relocation expenses are provided. In addition, the present mileage reimbursement amount should be changed to make it consistent with recent changes to related language in the CBJ vehicle reimbursement policy.

I recommend this resolution be adopted.

d. Resolution 2340    Backup
A Resolution Confirming The City Manager’s Declaration Of A Disaster Emergency Within The City And Borough Of Juneau.

This resolution will formally ratify the City Managers Emergency Disaster declaration dated December 1, 2005.

This emergency declaration formally notifies the State of Alaska that the CBJ has declared a disaster and seeks assistance and monetary relief for the city and its residents following the severe weather experienced November 16-21, 2005, which led to mass wasting, mudslides, flooding, downed trees, and property damage.

Personnel from the State of Alaska Division of Emergency Management will arrive in Juneau on December 6, 2005 to tour the area and assist potential applicants on preparing their requests for state assistance.

I recommend this resolution be approved.

e. Resolution 2341      Backup
A Resolution Supporting Participation In The International City/County Management Association (ICMA) City/Links Program.

This resolution would support CBJ participation in the CityLinks Program of the International City/County Management Association.

I recommend this resolution be adopted.

3. Transfers

a. Transfer Request T-824   Budget Impact Statement
Eaglecrest Capital Improvement Project Management

In an effort to consolidate various CIP Projects at Eaglecrest, to allow for more accurate management, this transfer closes three accounts, opens one account and transfers two accounts into existing CIP accounts.

The FY06 Capital Improvement Program (CIP) included $350,000 in General Sales Tax for various deferred maintenance projects at Eaglecrest. These funds were budgeted into one capital improvement project, Eaglecrest Deferred Maintenance. However, several of these projects are similar in intent to existing projects. Thus, it provides for better project management to combine the funds into one project where appropriate.

A net of $62,741 will be transferred from Eaglecrest Deferred Maintenance as follows:

Deferred Maintenance Lifts will receive $18,000, which was described in the FY06 CIP as Ptarmigan Lift Communications Cable Replacement. Deferred Maintenance Lifts will also receive $1,256 from the Platter Pull Cable Replacement project. This project is complete. Transferring these funds to Deferred Maintenance Lifts will close the Platter Pull Cable Replacement project.

Lodge Improvements, a new capital improvement project, will receive $25,042, which was described in the FY06 CIP as Tables & Chairs Replacement. $4,958 has already been spent of the original $30,000 budget for Tables & Chairs Replacement. Lodge Improvements will also receive $32,001 of funds available from earlier appropriations originally intended for lodge improvements. This action combines funds intended for improvements to the lodge into one project.

Two other actions move additional funds into Eaglecrest Deferred Maintenance, consolidating projects with similar intents, allowing those projects to close. Specifically, the Domestic Water Filtration System and Sewage Treatment Design projects will close, transferring $2,302 and $10,000 respectively into Eaglecrest Deferred Maintenance.

These four actions leave a total budget of $349,266 available in Eaglecrest Deferred Maintenance to complete the remaining projects identified in the FY06 CIP as well as projects identified in earlier funding appropriations:

Power Generation, $200,000
Water System Upgrades, $47,302
Sprinkler System Upgrades, $25,000
Septic System Upgrades, $22,000
Tables & Chairs, $4,958
General, $50,006

The Public Works and Facilities Committee approved this transfer request during its December 5, 2005 meeting.

I recommend this transfer.

VIII. PUBLIC HEARING

A. Ordinance 2005-49
An Ordinance Authorizing the Manager to Issue a Right-of-Way Encroachment Permit to the State of Alaska for the Purpose of Installing and Maintaining an Above Ground Oil Storage Tank Partially in the Right-of-Way, and Exempting the Permit from Certain Sections of the CBJ Public Ways and Property Code and Setback Requirements
.

The State of Alaska is replacing their oil tank at the State Office Building. The old buried tank is no longer functional, and because of other utility conflicts, a new tank cannot economically be placed in the same underground location. The State prefers to relocate the new tank to an above ground location, next to the State Office Building. During planning and design, it was discovered that the new tank would encroach into the Third Street Right-of-Way approximately three to four feet. The CBJ Code does not provide for Right-of-way encroachments. Thus, to accommodate their request, a non-code ordinance is required.

Typically, the CBJ would not allow oil tanks within the Right-of-way. However, in this case, the State owns the land on either side of Third Street. Another alternative considered, but not pursued, was to require the State to move the Right-of-way through a platting action, thereby sidestepping an encroachment. Because of the additional time needed to complete that re-platting process, the non-code ordinance approving the encroachment was pursued.

I recommend this ordinance be adopted.

B. Ordinance 2005-11(Q)    Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $100,000 For The Adair Kennedy Field Covered Bleachers, Funding Provided By The Alaska Department Of Commerce Community And Economic Development.

This ordinance appropriates $100,000 for design and construction to expand the existing seating at Adair-Kennedy Park, providing additional covered seating for approximately 120 spectators.

Funds for this project are being provided by the State of Alaska through a legislative grant being administered by the Department of Commerce, Community, and Economic Development.

I recommend this ordinance be adopted.

C. Ordinance 2005-11(R)    Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $400,000 As Funding For The School District Technology Upgrades, Funding Provided By The Alaska Department Of Commerce Community And Economic Development.

This ordinance appropriates $400,000 for the selection and procurement of technology materials and equipment for the Juneau School District.

The Juneau School District has ongoing needs for replacing and upgrading technology to maintain contemporary materials and equipment for teachers and students. Funds for this project are being provided by the State of Alaska through a legislative grant being administered by the Department of Commerce, Community, and Economic Development.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

A. Ordinance 2005-31     Map       Proposed Amendment from City Manager
An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of Parts of the West Mendenhall Valley, Including Parcels TR B2, USS 1796; TR 1, USS 2178; and All Parcels Within Blueberry Acres Subdivision.

This ordinance changes the zoning of approximately 74-acres of land west of Montana Creek Road from D-1 single family residential to D-3 single family residential. This rezone is subject to three conditions:

1. There shall be no development in areas where wetlands and floodplains coincide.
2. For the parcels that are subject to development restrictions as set forth in condition #1, development of wetlands outside of the floodplain shall be deemed consistent with the Juneau Wetlands Management Plan.
3. The development rights of the land subject to development restrictions, as set forth in condition #1 shall be transferable to the adjacent upland areas using the Planned Unit Development process.

The Planning commission held a public hearing on August 23, 2005, and recommended Assembly approval of this ordinance. This ordinance was introduced by the Assembly on September 19, and referred to the Lands Committee. On October 10, the Lands Committee reviewed the ordinance and referred it back to the full Assembly, recommending passage. A public hearing was held before the Assembly on October 24, and the Assembly adopted the ordinance as presented by the Planning Commission. Notice of reconsideration was given at that meeting. At the November 21 Assembly meeting, the Assembly voted to reconsider the ordinance and to defer discussion on the matter until the December 5, 2005 Assembly Meeting.

In your packet are two minor changes, which I recommend. These arose from review of the preliminary plat by the Subdivision Review Committee. The first provides for a right of way connection between two of the parcels, through the no-development area, and is recommended by the Streets Division. The second would allow wetland enhancement projects within the no-development area, upon approval by the Planning Commission and Wetlands Review Board. We understand that the developer is interested in constructing a pond in this area.

I recommend that this ordinance be amended as indicated above, and adopted.

X. NEW BUSINESS

A. Liquor License Renewals

Beverage Dispensary Licenses:
A. Triangle Club License # 1166, Location: 251 Front Street
B. Frontier Suites Hotel License #3824, Location: 9400 Glacier Hwy.

The Police, Fire, Finance and Community Development Departments have reviewed these renewals and will forward their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on December 5, 2005. Based on the information provided at its meeting, the HRC will forward its recommendation to the Assembly to protest or waive the right to protest the renewal of this license.

In the event of a protest recommendation, the code provides for the following informal appeal process before the Assembly:


CBJ Code 20.25.025(c):
(c) If the assembly or committee or a subcommittee thereof recommends protest of the issuance, renewal, transfer, relocation, or continued operation of a license it shall state the basis of the protest and the applicant shall be afforded notice and an opportunity to be heard at an abbreviated informal hearing before the assembly to defend the application. For the purposes of this subsection, notice shall be sufficient if sent at least ten days prior to the hearing by certified first class mail to the address last provided by the applicant to the municipal sales tax examiner. At the conclusion of the hearing, the assembly decision to protest the application shall stand unless the majority of the assembly votes to withdraw the protest.

I recommend the Assembly adopt the Human Resources Committee's recommendation as to whether or not the Assembly should protest the above liquor license renewal.

B. Fee Regulation Amendments for DeHart’s Marina

These regulations amend CBJ’S small boat harbors fee schedule to set out rates for use of DeHart’s Marina. CBJ purchased DeHart’s Marina on July 1, 2005. These regulations keep the fees for Dehart’s Marina the same as the fees charged by the previous owner through July 1, 2006. After July 1, 2006, fees will increase by 5%.

The Docks and Harbors Board proposed the regulations in late June and held about 10 public hearings over the summer and fall. Notice of the regulations was sent to all DeHart’s patrons. The Board adopted the regulations at its October 27, 2005 meeting.

The regulations will not require an increased appropriation of general funds by the municipality.

I recommend the Assembly allow the regulations to take effect.

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.

s.

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