ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, January 9, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-01

 

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. December 19, 2006 – Regular Meeting 2005-38
B. December 23, 2006 – Special Meeting 2005-39

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 2005-50
An Ordinance Amending Chapter 72.02 Rules Of The Road To Require The Use Of Bicycle Helmets By Persons Under The Age Of 18, And Providing A Penalty.

This ordinance would require persons under the age of 18 to wear a helmet when operating a bicycle. The fine for failure to do so would be $25, but the fine is to be waived if the person provides proof that they have purchased a helmet after the time the citation was issued. Present code makes parents and guardians responsible for violations of bicycle ordinances by their children. The ordinance was requested at the Assembly Retreat, and the language was derived from ordinances of Anchorage, Kodiak, Sitka, and King County, Washington.

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

b. Ordinance 2005-52
An Ordinance Relating To Cottage Housing Developments.

This ordinance amends Title 49 by adding a section on cottage housing development. A cottage housing development consists of four to fourteen small homes arranged around a common open space. Cottages may be developed at a higher density than the underlying zoning, but must meet site, architectural design and other requirements. Cottage housing is meant to provide for housing that responds to changing demographics and smaller-sized households; provide for single-family home ownership in a neighborhood setting;
support the efficient use of land and higher density in-fill in developed areas; and provide additional opportunity for housing development. The Planning Commission has reviewed the cottage housing concept several times over the past year and the draft ordinance and recommended adoption of the ordinance at its meeting of December 13, 2005.

I recommend that this ordinance be introduced, referred to the Lands Committee, and set for public hearing at the next regular Assembly meeting.

c. Ordinance 2005-11(X)   Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $19,737 As Partial Funding For The Runway Safety Area Environmental Impact Study, Funding Provided By The Passenger Facility Charges.

This ordinance appropriates $19,737 in Passenger Facility Charges for the Runway Safety Area Environmental Impact Study. These are matching funds to a recent FAA grant. The FAA grant and State matching funds have previously been appropriated; this PFC amendment, however, had to go through additional approvals, including a public comment period and air carrier consultation.

The Airport Board approved this action at its December 7, 2005 meeting.

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

d. Ordinance 2005-11(Y)      Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $1,519 As Partial Reimbursement For Staff Travel Expenses To The Annual Conference Of The National Trust For Historic Preservation, Funding Provided By The Alaska Department Of Natural Resources.

This ordinance appropriates a $1,519 travel grant from the Alaska Department of Natural Resources for reimbursement of CBJ staff expenses for travel to the annual National Trust for Historic Preservation conference.

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

2. Resolutions

a. Resolution 2343   Map      Gilbertson Memo      Lands Committee Action
A Resolution Authorizing The Manager To Convey A Driveway And Utility Easement Across A Fraction Of Lots 2 And 3, U.S. Survey 3816, On The Tip Of Mendenhall Peninsula.

Resolution No. 2343, once adopted, will authorize the Manager to convey a driveway/ utility easement to a group of seven homeowners on the tip of the Mendenhall Peninsula that desire driveway access to their landlocked properties. At the present time, boat access or walking the beach at low tide are the only means of reaching their homes.

Comments on the proposed easement were solicited from Public Works, Engineering, Parks and Recreation, Community Development, and the Fire Departments. There were no objections to the issuance of the easement. The various departments also participated in a field review of the proposed route. Conditions of approval of the easement are listed in the Resolution.

The Planning Commission and the Assembly Lands Committee reviewed the proposed easement and recommended approval at their meetings of July 26, 2005 and September 12, 2005, respectively.

I recommend that this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2005-11(U)      Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $1,200,000 As Funding For The Wastewater Utility Improvements To Bayview Subdivision, Funding Provided By The Alaska Department Of Environmental Conservation, Alaskan Revolving Loan Fund.

This ordinance appropriates a $1,200,000 loan from the Alaska Department of Environmental Conservation (ADEC) as partial funding for collection system repairs within Bayview Subdivision and a new pressure sewer main from Bayview to the Mendenhall Wastewater Treatment Plant (MWWTP). The terms of the low interest loan under the Alaskan Revolving Loan Fund program are 20 years at 1.5 percent interest. The loan will be paid with Wastewater Utility customer revenues.

The Bayview sewer system is being connected to the MWWTP due to concerns about meeting State Water Quality Standards. The project will involve design, inspection, and construction of a new sewer pump station, approximately 7,500 feet of pressure main, and collection system improvements to reduce groundwater infiltration and stormwater inflow.

The estimated total project cost is $1,900,000. This loan will be used to provide the Wastewater Utility’s 50/50 match for an existing ADEC grant offer for the Bayview/North Douglas Sewer System project, which is being introduced under ordinance number 2005-11(V). The project is scheduled for completion by spring 2007.

The Assembly approved this action per Resolution 2327, adopted on November 21, 2005.

I recommend this ordinance be adopted.

C. Ordinance 2005-11(V)      Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $2,533,375 As Partial Funding For The North Douglas Sewer Phase II Project And The Bayview Subdivision Sewer Improvements, Funding Provided By The Alaska Department Of Environmental Conservation.

This ordinance appropriates $2,533,375 in ADEC grant funds for the next expansion phase of the North Douglas sewer system and for improvements to the Bayview Subdivision sewer system. These grant funds will partially finance extending the North Douglas sewer collection system approximately 4000 linear feet along the North Douglas Highway, collection system improvements to Bayview Subdivision, and the installation of approximately 7,500 linear feet of sewer force main from Bayview to the Mendenhall Wastewater Treatment Plant.

This grant requires a 50% match. Grant funds used for the North Douglas Sewer Phase II project ($1,333,375) will be matched with sales tax, approved by the voters in October 2005. The specific project scope and construction schedule for the Phase II project are dependent on sales tax collections and are being developed by the Engineering Department.

Grant funds used for the Bayview Subdivision Sewer System Improvements will be matched by an ADEC low interest loan to the Wastewater Utility, which is being introduced under ordinance 2005-11(U). The loan will be paid back with Wastewater Utility customer revenues. The construction documents are being developed, resource agency permits have been acquired, and project completion is scheduled for spring of 2007.

The Assembly approved this action in Resolution 2321 at its August 8, 2005 meeting.

I recommend this ordinance be adopted.

D. Ordinance 2005-11(W)     Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $4,500 For The Construction Of A Full-Sized Replica Of The 500-700 Year Old Montana Creek Fish Trap, $4,000 Provided By Alaska Humanities Forum And The National Endowment For The Humanities And $500 From The Sealaska Corporation.

This ordinance appropriates $4,000 from the Alaska Humanities Forum and the National Endowment for the Humanities, and $500 from the Sealaska Corporation. The funds will be used by the Museum for the construction of a full-sized replica of the 500-700-year-old Montana Creek Fish Trap.

This grant requires no matching funds. It is Phase II of a two-part project. Phase I involved the collection, processing and storage of the materials necessary for the construction of the full-size replica of the fish trap, and was funded by the Juneau-Douglas City Museum’s operational budget for $4,000.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses

1. Wholesale-General Liquor License #4487 Renewal: Specialty Imports

2. Package Store Liquor License #3346
Transfer of Ownership, Location & Name Change
TRANSFER FROM: KMART Corporation d/b/a KMART Liquor #3584
TRANSFER TO: Breeze-In Corporation d/b/a Breeze-In,
Location 5730 Concrete Way

The Police, Fire, Finance and Community Development Departments reviewed these renewals and will forward their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on January 9, 2006. Based on the information provided at its meeting, the HRC will forward recommendations to the Assembly to protest or waive the right to protest the renewal and transfer of the above licenses. The 60-day comment period for the Specialty Imports license ends on Sunday, January 29, 2006, since this is a Sunday, the period then expires at the close of business on Monday, January 30, 2006. The comment period for the transfer of the KMART license to Breeze-In will expire on Monday, February 13, 2006.

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 recommendations for Assembly action on the above licenses.

B. Docks & Harbors Proposed Regulations
Freight Use of Launch Ramps – Proposed Fee Changes

These regulations amend the small boat harbors fee schedule to change rates for conducting freight operations at CBJ’s small boat harbor boat launch ramps. The regulations increase fees for commercial freight operations and decrease fees for non-commercial operations. The Board set the rates to recover the costs attributable to servicing freight operations.

The Docks and Harbors Board proposed the regulations on December 1, 2005 and held two public hearings during December. Notice of the regulations was sent to persons using the launch ramps for commercial freight operations. The Board adopted the regulations at its December 29, 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.

C. Export Manufacturing Tax Exemption Application, Alaska Glacier Seafoods,
Parcel Number - 4B3101000011

Alaska Glacier Seafoods is requesting an export manufacturing exemption for property located at 13555 Glacier Highway. The request is to exempt a dock, ice machine, crane and building assessed at $3,563,600. The CBJ code provides for a temporary, 5-year, export manufacturing exemption. The exemption provides for the following –

100% exemption in the 1st year
80% in the 2nd
60% in the 3rd
40% in the 4th
20% in the 5th
0% in the 6th

The code places approval for the export manufacturing exemption with the Assembly.

The CBJ Assessor is recommending approval of this request, but only for the dock, ice machine and crane property included in the 2005 assessment. The building was under construction as of January 1, 2005. The code requires that the property actually be in use for export manufacturing before qualification. The building can qualify for the export manufacturing exemption in assessment year 2006. However, the Assessor has also noted that the export manufacturing exemption definition does not clearly include this type of property usage and that the Assembly may or may not agree with the Assessor’s recommendation.

The Assessor has been in communication with the applicant. The applicant is aware that Assessor is only recommending approval in 2005 of part of the property and a usage qualification question still exists.

Total 2005Assessed Value $ 3,563,600
Export Manufacturing Exemption Recommended $ 1,353,500
Revised 2006 Taxable Assessment $2,210,100
Application Requested Amount No number provided
Total Property Tax before Applying the Exemption $ 39,805.41
2005 Property Tax After the Exemption $ 24,686.81

As noted, it is unclear if the Assembly was intending to exemption this type of use under the export manufacturing definition. The definition reads as follows-

CBJ 60.10.020(10) As used in this subsection (10), “manufacturing” means the mechanical or chemical transformation of materials or substances into new products having a distinct character and use. This definition does not include the following activities: agriculture, forestry, fishing, mining, sand or gravel production, on-site building construction, sale primarily to the general public of products produced on the same premises from which they are sold, the production of works of graphic, folk, or fine art, or the production of motion pictures, videography, or computer software.

The applicant feels the property meets the requirements of the definition. The application and a letter from the applicant is enclosed in the packet explaining how they feel the property qualifies.

This application is being brought before the Assembly late because the application was inadvertently misfiled. In addition, the applicant did not comment on the property’s assessment notice that excluded the export manufacturing exemption requested. This application was filed timely with the Assessor’s Office.

I recommend approval of the assessor’s recommendation for an export manufacturer’s exemption for Alaska Glacier Seafoods.

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports

1. Parke v. Planning Commission – Notice of Decision

The City and Borough of Juneau Code regarding appeals provides the following procedure:

01.50.140 Decision on the appeal.

(4) The appeal agency shall itself prepare and adopt a written decision no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any; or the appeal agency may direct the attorney who advised the appeal agency, if any, or the prevailing party to prepare a proposed decision. A proposed decision prepared by the advising attorney or the prevailing party shall be filed with the municipal clerk and served on each party to the appeal or the party's representative no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any. The parties may file written objections to the proposed decision with the municipal clerk within five days after service of the proposed decision. The proposed decision and any objections to the proposed decision shall be placed before the appeal agency at the first regular meeting at which the matter may be scheduled or at a special meeting called for that purpose.

The proposed decision enclosed in the agenda packet was distributed to all parties on Friday, December 30, 2005. As the code provides five days for parties to file written comments, the parties were instructed that to get comments in the packet, they should be filed with the clerk by Thursday, January 5, or if received after that date, they would appear in the Assemblymembers' "red folders."

As this is a matter on appeal before the Assembly, I have no recommendation.

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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