ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, September 11, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-23

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. August 21, 2006 – Regular Meeting 2006-22

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 2006-25
An Ordinance Making Unlawful The Operation Of A Vessel In Violation Of Speed Or Wake Limitations Established By The Docks And Harbors Board By Regulation, And Providing For A Penalty.

This ordinance amends the no wake zone requirements of CBJ Ordinance Title 85. The current ordinance establishes a speed limit of five knots and a wake limit of six inches within the boat harbors and from the Douglas Bridge to the Mendenhall Bar Clearance Gauge that is adjacent to Channel Drive. The amendment would remove these limits and allow the Docks and Harbors Board to establish speed and wake limits throughout the municipality via the regulation process set out in CBJ Ordinance 01.60. The regulation process gives the Assembly final review authority and gives the Board a process for using its technical expertise to establish controlled wake zones in collaboration with the harbor users and affected parties. The amendment also authorizes the Docks and Harbors Department to enforce the regulation as set out in CBJ’s code enforcement ordinance.

The Docks and Harbors Board recommended the amendment and is considering the establishment of controlled wake zones to protect harbor patrons and property at Douglas Boat Harbor, Harris Boat Harbor, Aurora Boat Harbor, and Statter Boat Harbor. Excessive boat wake is causing considerable damage to CBJ’s harbor facilities, patron’s vessels, and posing safety concerns to harbor patrons. The Board plans to begin a regulation process after the ordinance is adopted.

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

b. Ordinance 2006-31
An Ordinance Amending The Official Zoning Map To Change The Zoning Of A Portion Of USS 1075 FR, From Waterfront Industrial To General Commercial.

Exhibit A

Lyman Letter re NOD

This ordinance would amend the zoning map revising the boundary between General Commercial (GC) and Waterfront Industrial (WI) zoning districts to the southwest of Egan Drive/Channel Drive/Glacier Highway intersection so that Fractions of USS 1075 (GCI and Worldwide Movers) are within the GC zoning district. These properties are currently zoned WI, but are bordered by the Mendenhall Wetlands State Game Refuge, and therefore do not have marine access, making the current zoning inappropriate for the area. This area is shown on a map marked as Exhibit A to this packet item.

The Planning Commission recommended approval of this zone change at its August 15, 2006 meeting.

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

c. Ordinance 2006-32
An Ordinance Authorizing The Port Director To Negotiate And Execute A Tidelands Lease Within Lot 9B And 13B, Block 83, Alaska Tidelands Survey No. 3, For Construction Of A Private Seawalk Or Retail Commercial Building.

Exhibit A

Proposed Lease Lot

This ordinance authorizes the Port Director to negotiate and execute a lease with William Heumann for approximately 476 square feet of CBJ tidelands within Alaska Tidelands Survey No. 3, as shown on Exhibit “A” to the ordinance. William Heumann is the owner of Lot 12, immediately adjacent to the leased property. The lessee is required to grant the CBJ any required easements within the leased property for construction of CBJ’s seawalk.

The Docks and Harbors Board reviewed the proposed lease on August 31, 2006 and recommended approval by the Assembly. The Board set the annual lease rent at the rate the Assembly recently approved for an adjacent lease.

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

d. Ordinance 2006-11(D)
An Ordinance Appropriating To The Manager The Sum Of $5,750 As Partial Funding For Staff To Attend The Commissions Forum For The Historic Preservation Fund Grant Program, Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

The Alaska Department of Natural Resources (DNR) made available funding from the federal Historic Preservation Fund grant program for Certified Local Government (CLG) grantees to attend the 2006 National Alliance of Preservation Commissions Forum, held this year in Baltimore, Maryland. Judy Bittner, the State Historic Preservation Officer, strongly encouraged historic commission staff to attend. This appropriation supports the Community Development Department’s ongoing historic preservation efforts through the CLG grant program, in which the Federal Government contributes 60 percent of the grant total to CBJ’s 40 percent. The CBJ’s match is met by existing staff and travel budget.

The grant provided for up to three staff to attend the conference. CBJ sent two staff: Matt Halitsky, CDD and Jane Lindsey, Juneau Douglas City Museum.

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

e. Ordinance 2006-11(G)
An Ordinance Appropriating To The Manager The Sum Of $2,212,941 As Partial Funding For Capital Improvement Projects At The Juneau International Airport, Funding Provided By The Federal Aviation Administration And The State Of Alaska Department Of Transportation And Public Facilities.

Economic Impact Note

This ordinance would appropriate a $1,000,000 Federal Aviation Administration grant, and an Alaska Department of Transportation and Public Facilities matching funds in the amount of $26,316 for the project “Terminal Planning - Schematic and Construction Design.”

This ordinance would also appropriate a $1,000,000 grant from the Alaska Department of Commerce, Community and Economic Development for the same project. This grant would provide the remaining $26,316 in local match requirement.

In addition, this ordinance would appropriate a federal grant amendment in the amount of $186,625 for the project “Construct Taxiway Extensions” for project closeout. Matching funds are provided by the State of Alaska Department of Transportation and Passenger Facility Charges.

At its July 12, 2006 and August 9, 2006 meetings, the Airport Board approved these actions.

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

2. Resolutions

a. Resolution 2364
A Resolution De-Appropriating The Sum Of $1,000,000 In A Loan From The Alaska Department Of Environmental Conservation, Alaska Drinking Water Fund For Water Storage Tank Upgrades
.

Economic Impact Note

This resolution would de-appropriate a $1,000,000 loan from the Alaska Department of Environmental Conservation (ADEC) for Water Storage Tank Upgrades.

ADEC loans may only be used for new construction purposes, not maintenance. When applied for, the intent of the loan funds was to construct new insulation and metal cladding on existing reservoirs. Further analysis determined that insulation and cladding would inhibit necessary visual inspection of the tank exterior for corrosion and would be a risk to the utility. Routine maintenance painting of the reservoirs on a typical five-year interval is standard practice in the industry and will be adopted for the Water Utility reservoirs.

The Public Works and Facilities Committee approved this action at its August 28, 2006 meeting.

I recommend this resolution be adopted.

b. Resolution 2370
A Resolution Revising Personnel Rules.

Summary Memo

Exhibit A

A committee comprised of representatives from the Manager’s Office, Personnel, and the Department of Law reviewed the current set of personnel rules in order to assure the language was internally consistent and that they accurately articulated current business practices. In addition, changes were made to incorporate Eaglecrest employees under the rules, to reflect changes in federal employment laws, and to provide for an improved system of performance management. The changes were brought before the Human Resources Committee for review on August 21, 2006. The Human Resources Committee recommended that the full assembly adopt the revised rules.

I recommend this resolution be adopted.

c. Resolution 2371
A Resolution Authorizing The Donation Of Surplus Fire Trucks From Capital City Fire Rescue.

This resolution would authorize the Manager to donate three surplus fire trucks. Twelve requests were received from various communities throughout Alaska and the Lower 48. The City Manager and Fire Chief reviewed the requests and prioritized them, giving first preference to communities located in Southeast Alaska and those communities with no protection. Three communities fit into that criteria, Hollis, Gustavus, and Naukati on Prince of Wales Island. The communities receiving the vehicles will be responsible for the transportation costs.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-840, Transferring $31,434 From The Flow Meter Additions Project To The Juneau Water Systems Reservoir Project.

Impact Budget Action

This request would authorize the transfer of $31,434 from the Flow Meter Additions project to the Juneau Water Systems Reservoir project. This transfer is tandem with Resolution 2364, de-appropriating a $1,000,000 loan from the Alaska Department of Environmental Conservation (ADEC).

ADEC loans may only be used for new construction purposes, not maintenance. When CBJ applied for this loan, the intent was to use the funds to construct new insulation and metal cladding on existing reservoirs. Further analysis determined that insulation and cladding would inhibit necessary visual inspection of the tank exterior for corrosion and would be a risk to the utility. Routine maintenance painting of the reservoirs on a typical five-year interval is standard practice in the industry and will be adopted for the Water Utility reservoirs.

The loan funds cannot be used for maintenance related work. Funding for reservoir maintenance painting will be programmed into the Utility’s capital improvement program over the next couple of years.

Since the ADEC loan funds cannot be used for maintenance, the monies expended on project planning need to be provided by the CBJ Water Utility. The transfer from the Flow Meter Additions CIP project to the Juneau Water Systems Reservoir CIP project will compensate for those planning efforts and will close the project.

The Public Works and Facilities Committee heard this request at its August 28, 2006 meeting and recommended it be forwarded to the full Assembly.

I recommend this transfer be approved.

4. Bid Award

a. Bid 07-024 Purchase and Delivery of New Comprehensive Emergency Shelters.

Bids were opened on the subject project on August 31, 2006. Results of the bid opening are as follows:

BIDDER DESCRIPTION UNIT PRICE EXTENSION

Western Shelter System 1) 3 Large Shelters (Minimum 550 Sq. Ft.)
as specified

$114,968.00
$344,904.00
2) 3 Small Shelters (Minimum 250 Sq. Ft.)
as specified

$72,970.00
$218,910.00
Total Bid - Six Shelters

$563,814.00
Alaska Structures/ Blu-Med Non-Responsive
Incomplete bid

This recommendation is for the purchase and delivery of a new comprehensive sheltering system (six individual shelters) to be utilized throughout Southeast Alaska (SEAK) for emergency incident disaster response.

This is the second phase of a project to develop a SEAK region-wide mass causality response capability. Phase one developed the Southeast Alaska Metropolitan Medical Response System (MMRS) response plan. This phase will pre-stage response shelter systems in six communities (Juneau, Ketchikan, Sitka, Haines/Skagway, Petersburg/Wrangell, and Klawock) for use anywhere in Southeast Alaska. Each is a self-contained unit capable of being used as (but not limited to) an Incident Command Post, Triage Center, Staging check in, Medical Surge, Medical Isolation, Point of Distribution site, Mass Care site, Disaster Medical Team site, or Disaster Mortuary Team site. Each unit is all-weather capable; self-contained in regards to heating, cooling, medical isolation, and electrical generation; compatible with standard FEMA shelters; and due to our unique geographical challenges, capable of being moved anywhere in Southeast Alaska by single-engine aircraft. These shelters can be transported into any Southeast Village and erected with four people without the use of specialized equipment or tools.

A unique feature of these shelters is that they can be used for medical isolation purposes - thus keeping highly contagious patients (SARS, Avian Flu) out of the main hospital or clinics where they could infect additional people. By design, these units could all be connected together in a single compound, to make a 56-bed hospital with isolation capabilities if needed.

This program is sponsored and approved by the Southeast Alaska MMRS Steering Committee, a governing body determining how these grant funds are expended to improve the response capabilities of SEAK. Other expenditures in this program will include pharmaceuticals, personal protective equipment, chemical detection equipment and specific training to develop hazardous materials response capabilities, hazardous response team training, and exercises to test proficiency.

Funding Source: 413-23-5-01-10-510 Vehicles & Equipment/
413-26-5-01-10-510 Vehicles & Equipment

Funding for this purchase comes from FY04 and FY05 MMRS Federal Grant programs.

Encumbrance: $ 600,000.00

With the concurrence Mike Patterson, Emergency Program Manager, the Purchasing Division recommends award of the shelters to Western Shelter Systems, on the basis of having the lowest responsive bid price in the amount of $563,814.00, based on Total Bid.

I recommend award to Western Shelter Systems, in the amount bid, for a total award of $563,814.

VIII. PUBLIC HEARING

A. Ordinance 2006-30
An Ordinance Renaming The Personnel Division.

This ordinance would re-title the CBJ Personnel Division within the Administration Department to the Human Resource Division; its functions would otherwise remain unchanged. The term “Personnel” is an antiquated term for the Human Resource profession and brings to mind a bureaucratic function, heavily dependent on paper work and rules, more reactive than proactive. The term “Human Resources” is more modern and reflects the necessary administrative aspects as well as the more strategic elements of human resource management such as performance management, workforce planning, and workforce development. The division has five employees, including the Director, and closely interacts with all other CBJ departments and enterprise operations. There is no fiscal impact to the change.

I recommend this ordinance be adopted.

B. Ordinance 2006-11(H)
An Ordinance Appropriating To The Manager The Sum Of $10,000 As Partial Funding For The Nancy Street Pond/Wetlands Enhancement, Funding Provided By The United States Fish And Wildlife Service.

Economic Impact Note

This ordinance would appropriate $10,000 for the administrative costs for Phase II of the Nancy Street Pond/Wetlands Enhancement, funding provided by U.S. Fish and Wildlife Service (USFWS).

The Nancy Street Pond Enhancement restores the pond property to a wetland through a joint project funding agreement with CBJ, Natural Resource Conservation Service (NRCS) and USFWS.

I recommend this ordinance be adopted.

C. Ordinance 2006-11(I)
An Ordinance Appropriating To The Manager The Sum Of $38,725 As Partial Funding For The Acquisition Of In-Car Video Equipment, Funding Provided By The State Of Alaska Department Of Transportation And Public Facilities, Alaska Highway Safety Office.

Economic Impact Note

This ordinance would appropriate a $38,725 Alaska Department of Transportation and Public Facilities, Alaska Highway Safety office grant for the acquisition of in-car video equipment for police vehicles. This equipment will enhance officer safety and ensure quality service by giving the police department the ability to record traffic stops and other public interactions.

I recommend this ordinance be adopted.

D. Ordinance 2006-11(J)
An Ordinance Transferring To The Manager The Sum Of $100,000 For The Planning Of A New Behavioral Health Facility At Bartlett Regional Hospital, Funding Provided By Bartlett Regional Hospital Operating Budget.

This request would authorize the transfer of $100,000 from Bartlett Regional Hospital’s (BRH) operating budget for the purpose of planning the new Behavioral Health Facility.

The BRH Master Facilities Plan calls for the consolidation of substance abuse and other dependence disorders, in-patient beds for the Mental Health Unit, and outpatient psychiatric services currently housed in three separate facilities into a single building. This building will include support facilities as appropriate to meet each program’s needs.

The initial programming and planning work will take place between October 2006 and February 2007. The design and construction phases will be scheduled when funding is obtained.

The Public Works and Facilities Committee, at its July 24, 2006 meeting, recommended that this ordinance be approved.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Vick Appeal of Planning Commission Decision VAR2006-00009

On August 8, 2006, the Planning Commission denied a variance request for construction of a floor and fully enclosed area below the base flood elevation in a velocity flood zone at Douglas Townsite, Block 43, Lots 2, 2A, 3 and 3A. On August 28, 2006, Jody Vick filed an appeal of the decision to the Assembly. The Notice of Appeal is 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.

Mr. Vick and the Planning Commission were 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.

B. Docks and Harbors Proposed Regulations - Inactive Vessel Management

This regulation amends the Inactive Vessel Management Regulations of the Docks and Harbors Department. CBJ regulations designate certain areas within the small boat harbors where vessel owners are not required to comply with the requirement to clear the harbor facility at least three times per year.

The Inactive Vessel Management Regulations that are currently in effect require oversize houseboats to leave the harbor system if the ownership of the houseboat changes after December 28, 2004. This amendment allows oversize houseboats that were moored in the harbor system before December 28, 2004 to remain in the harbor system if ownership of the houseboat changes. Four oversize houseboats are affected by this amendment.

The Docks and Harbors Board proposed the regulation on June 30, 2006 and held public hearings on August 22 and August 31, 2006. Notice for the proposed regulations was posted at the public libraries, the Port Office, the Harbor Offices, and the harbor bulletin boards. The Board adopted the regulations at its August 31, 2006 meeting.

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

CBJ Ordinance 01.60.260 provides the Assembly with three courses of action:

1. The Assembly may take up consideration of the regulation and approve it;
2. The Assembly may choose not to take up consideration of the regulation in which case the regulation shall be deemed approved; or
3. The Assembly may disapprove the regulation. If the Assembly disapproves the regulation, it shall return the regulation to the Docks and Harbors Board, or direct the regulation be considered as an ordinance or resolution.

If the Assembly returns the regulation, it may state the reasons for disapproval but shall not establish explicit conditions for subsequent approval or direct particular amendment to the regulation.

C. Docks and Harbors Proposed Regulations - Objectionable Emissions and Vessel Repair

This regulation authorizes the Harbormaster to require corrective actions from the owner of a vessel causing the release of soot, dust, fumes, or other objectionable emissions if the emissions cause damage to other vessels in the boat harbor or port. The regulation also requires the owner of a vessel undertaking major repairs to the vessel within the harbor system to obtain a permit from the Harbormaster. The owner will be required to address emissions control and waste disposal before obtaining a permit.

The purpose of the regulation is to prevent combustion by-products and vessel repair activities from causing damage to private vessels and CBJ’s harbor and port facilities. This regulation is similar to those in effect at the City and Borough of Sitka and at harbor systems throughout the Northwest United States.

The Docks and Harbors Board proposed the regulation on June 30, 2006 and held public hearings on August 22 and August 31, 2006. Notice for the proposed regulation was posted at the public libraries, the Port Office, the Harbor Offices, and the harbor bulletin boards. The Board adopted the regulations at its August 31, 2006 meeting.

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

CBJ Ordinance 01.60.260 provides the Assembly with three courses of action:

1. The Assembly may take up consideration of the regulation and approve it;
2. The Assembly may choose not to take up consideration of the regulation in which case the regulation shall be deemed approved; or
3. The Assembly may disapprove the regulation. If the Assembly disapproves the regulation, it shall return the regulation to the Docks and Harbors Board or direct the regulation be considered as an ordinance or resolution.

If the Assembly returns the regulation, it may state the reasons for disapproval but shall not establish explicit conditions for subsequent approval or direct particular amendment to the regulation.

D. Docks and Harbors Proposed Regulations – Vessel Salvage and Disposal

This regulation requires the operator of a vessel obtaining a long-term moorage assignment to provide proof of marine insurance to the Harbormaster or, in the alternate, pay a moorage surcharge of $0.25 per foot of vessel length per month. The purpose of the regulation is to reduce vessel sinkings in the harbor system and to reduce unrecoverable expenses attributable to vessel sinkings.

The Docks and Harbors Board proposed the regulation on June 30, 2006 and held public hearings on August 22 and August 31, 2006. Notice for the proposed regulation was posted at the public libraries, the Port Office, the Harbor Offices, and the harbor bulletin boards. The Board adopted the regulations at its August 31, 2006 meeting.

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

CBJ Ordinance 01.60.260 provides the Assembly with three courses of action:

1. The Assembly may take up consideration of the regulation and approve it;
2. The Assembly may choose not to take up consideration of the regulation in which case the regulation shall be deemed approved; or
3. The Assembly may disapprove the regulation. If the Assembly disapproves the regulation, it shall return the regulation to the Docks and Harbors Board, or direct the regulation be considered as an ordinance or resolution.

If the Assembly returns the regulation, it may state the reasons for disapproval but shall not establish explicit conditions for subsequent approval or direct particular amendment to the regulation.

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports
1. Gissell v Airport Board - Appeal Of Board Decision Regarding Petroleum Tank Farm Location

Gissel Objection

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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