ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, October 9, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-25

Submitted by: _____________________________
Rod Swope
City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Kids Voting Proclamation
B. Employee Recognition

IV. APPROVAL OF MINUTES

A. September 11, 2006 – Regular Meeting 2006-23
B. September 13, 2006 – Special Meeting 2006-24

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 2006-33
An Ordinance Creating A Fee In Lieu Of Parking Program.

2006-33 - Exhibit A

This ordinance would create a Fee in Lieu of Parking program. This program would create an alternative means for developers of properties within an area of downtown Juneau shown in Attachment A, the Fee in Lieu of Parking District Map, to meet the off-street parking requirements at CBJ 49.40.210(a).

Under the current Code, developers must provide parking within specified distances of the development or obtain a variance to these standards from the Board of Adjustment. The Fee in Lieu program may reduce the number of variances sought by developers. The new option of paying a fee in lieu of providing parking on distant parcels can be expected to facilitate the development of parcels of land on the Rock Dump currently encumbered by long-term off-site parking leases.

The Community Development Department is concerned that the reduction to off-street parking requirements for new construction in the PD-1 and PD-2 overlay districts, when coupled with the Fee In Lieu of Parking program, might result in the demolition of historic structures. To prevent this from happening, such properties are exempt from participation in the Fee In Lieu of Parking program under the proposed ordinance.

The sunset clause that was in the draft document circulated to committees has been removed.

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

b. Ordinance 2006-11(K)
An Ordinance Appropriating To The Manager The Sum Of $348,855 For The Three Homeland Security Grants For Equipment, Training, And Exercises, Funding Provided By The Alaska Department Of Military And Veteran’s Affairs.

Economic Impact Note

This ordinance would appropriate $348,855 for three Homeland Security Grants from the Department of Military and Veteran’s Affairs: the 2006 Law Enforcement Terrorism Prevention Program (LETPP), the 2006 State Homeland Security Program (SHSP), and the 2006 Metropolitan Medical Response System (MMRS) grants.

The $80,000 LETPP grant monies will be utilized to install the Emergency Communications infrastructure equipment purchased under the 2005 LETPP and SHSP grants. The $36,525 SHSP monies will be utilized to purchase response equipment for the fire department, and the $232,330 MMRS monies will be utilized to continue purchasing Personnel Protective Equipment, Detection Equipment, Medical and Pharmaceutical supplies; and provide training and exercises to enhance Southeast Alaska’s capabilities to respond to a mass casualty event.

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

 

c. Ordinance 2006-11(L)
An Ordinance Appropriating To The Manager The Sum Of $10,131 As Funding For Historic Buildings At The Alaska Juneau Gold Mining Company In Last Chance Basin, Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate $10,131 for work that will be coordinated and performed by volunteers of the Gastineau Channel Historical Society (GCHS). This work would include building, installation of lateral bracing at the Transformer House, and foundation stabilization to an air intake structure.
GCHS will arrange for the people, materials, and equipment needed for the project. Gary Gillette, Project Architect with the Engineering Department, will administer the grant.

This project is consistent with the goals of the Juneau Comprehensive Plan, the Last Chance Basin Land Management Plan, the Parks and Recreation Comprehensive Plan, and the draft Historic Preservation Plan.

This is a federally funded matching grant (60% federal, 40% CBJ). CBJ’s match will be the volunteer time donated to the project. The federal monies will be used to purchase materials, supplies, rent equipment, and to pay for CBJ staff time to administer the grant. There is no direct cost to the CBJ.

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

d. Ordinance 2006-11(M)
An Ordinance Transferring The Sum Of $15,000 To The Juneau International Airport To Fund A Marketing Study, Funding Provided By The General Fund.

Economic Impact Note

This ordinance would transfer up to $15,000 from the Better Capital City Fund to the Juneau International Airport operations to hire a contractor to perform a market analysis of the Airport to assist Air Canada as it considers seasonal service to Juneau.

The Airport Board approved funding the study from their emergency reserves at its September 13, 2006 meeting. The Airport Board is asking the Assembly to assist with funding the study. The City Manager will work with the Airport Manager to determine the specific funding needed for the study.

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

2. Resolutions

a. Resolution 2374
A Resolution Authorizing The City And Borough Of Juneau To Apply For A Grant From The Alaska Housing Finance Corporation, To Be Used For Shelter Upgrades And Energy Efficiency Improvements At AWARE, The Glory Hole, Gastineau Human Services, And St. Vincent De Paul.

Excess Community Development Block Grant funds have been made available through the Housing Assistance Program (HAP) administered by the Alaska Housing Finance Development Corporation. Because the CBJ is the eligible applicant, the CBJ Assembly must adopt a resolution to authorize the application.

This year, four member agencies of the Juneau Homeless Coalition, with the Coalition’s support, have asked the CBJ to authorize an application for homeless shelter upgrades. The AWARE shelter, the Glory Hole, Gastineau Human Services and St. Vincent de Paul have joined efforts to provide essential repairs, energy efficiency improvements and livability upgrades at their facilities that house the homeless. These repairs and improvements include improved lighting and heating systems, ADA accessibility, bathroom renovations, new doors and floors and new siding, roofing and windows. Estimated cost of the work is approximately $360,000. The participating non-profit agencies will provide a 25% match, and the remainder, $275,000 (more or less), will be applied for from the HAP program.

St Vincent de Paul recently constructed seven homeless apartments with funds obtained from the HAP program in 2004.

I recommend this resolution be adopted.

b. Resolution 2375
A Resolution Authorizing The Manager To Enter Into An Amendment To The City And Borough PERS Plan To Allow For The Inclusion And Exclusion From PERS Of Certain Classifications At The Eaglecrest Ski Area Pursuant To AS 39.35.

The Assembly requested that the Eaglecrest Board bring employees of the Eaglecrest Ski Area into closer alignment with other employees of the City and Borough of Juneau. As a result, a decision was made by the Board to offer PERS retirement to some of the positions at Eaglecrest. This resolution would delineate which employees at the Eaglecrest Ski Area will be eligible for PERS retirement benefits. Eligible employees include all full-time year round employees, all full-time seasonal employees, and a limited group of employees who work in positions requiring skill sets obtained over more than one season of working at the ski area. Non-PERS eligible employees are primarily assigned to positions that require little to no experience upon hire, or employees who work less than 15 hours per week. This resolution would request from the State an amendment to the current CBJ PERS contract to include the first group of employees and exclude the later group.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-841, Transferring $100,000 From Street Sales Tax From The Davis Avenue Reconstruction Capital Improvement Project To The Riverside Drive Improvements Capital Improvement Project.

T-841 Impact of Budget Action

This request would authorize the transfer of $100,000 in Street Sales Tax from the Davis Avenue Reconstruction capital improvement project to the Riverside Drive Improvements capital improvement project.

The installation of turning lanes in the vicinity of the new high school requires the relocation of the overhead electrical utilities prior to road reconstruction. The CBJ has received an estimate from AEL&P to underground the electrical through the Dimond Park area for approximately $360,000. The transfer of $100,000 from Davis Avenue, supplemented with Riverside’s existing unencumbered budget will allow this electrical work to proceed.

The Public Works and Facilities Committee heard this request at its September 25, 2006 meeting.

I recommend this transfer be approved.

VIII. PUBLIC HEARING

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 adopted.

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

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 adopted.

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 adopted.

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 adopted.

E. Ordinance 2006-11(G)b
An Ordinance Appropriating To The Manager The Sum Of $2,186,625 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 Commerce Community And Economic Development.

Economic Impact Note

This ordinance would appropriate a $1,000,000 Federal Aviation Administration Airport Improvement (AIP) grant, and a $1,000,000 Designated Legislative grant from the Alaska Department of Commerce, Community and Economic Development (ADCCED) for the project “Terminal Planning—Schematic and Construction Design.” The AIP grant requires a match of 5% of total project costs from local sources.

This ordinance would also appropriate a federal grant amendment in the amount $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.

Version b reflects the elimination of DOT/PF matching funds of $26,316.

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

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses
1. License Transfer
Type: Beverage Dispensary Tourism
License: Breakwater Inn Restaurant & Lounge - #175
Location: 1711 Glacier Ave.


Transfer FROM:
Current D.B.A: Breakwater Inn Restaurant & Lounge
Current Licensee: Breakwater Inn, Inc.


Transfer TO:  Licensee/Applicant: O & K, LLC
D.B.A.*: Breakwater Inn Restaurant & Lounge
Corp/LLC Agent: Ofelia Shively

Address: 2523 Sunset Drive, Juneau, AK 99801
Member/Officer/Director: Ofelia Shively Manager 50% Share
Kwang Yoon, Member 50% Share

The Police, Fire, Finance and Community Development Departments have forwarded their recommendations to the Assembly Human Resources Committee (HRC) for its meeting on October 9, 2006 regarding this license renewal. Based on the information provided at its meeting, the HRC will forward recommendations to the Assembly for action.

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 liquor licenses as contained in the HRC report.

B. Maier v Planning Commission - Appeal of Conditional Use Permit USE 2006-00033

On September 12, 2006, the Planning Commission denied a conditional use permit, USE2006-00033, to allow two RVs to be used as temporary residences at Maier Tract G, Lot 3A, Juneau, Alaska. On September 27, 2006, Rudy Maier 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. Maier 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.

C. Community Development Block Grant (CDBG): St. Vincent de Paul Homeless Apartments

The Community Development Block Grant Program requires two public hearings to be held for all projects. This is the second and final hearing for the St. Vincent de Paul project to construct homeless apartments.

The City and Borough obtained a $500,000 Community Development Block Grant on behalf of St. Vincent de Paul, for the construction of seven small apartments at the St. Vincent de Paul campus on Teal Street. The apartments are available on referral for individuals and single parents who are transitioning from homeless status to residential occupancy and are expected to be available for occupancy by the date of this meeting. The apartments occupy the space formerly used to house the St Vincent de Paul thrift store. To illustrate the demand for this service, all of the apartments have been assigned tenants prior to completion of the project and there is now a waiting list.

No action is required by the Assembly. This is simply an opportunity for interested members of the community to comment on the project.

D. Capital Office Park - Property Tax Refund Request

Capital Office Park-Letter from Jan Van Dort

In August 2006, the Assessor’s Office discovered that they had incorrectly listed the square footage of a parcel of commercial property, Capital Office Park. The error occurred when the Assessor’s Office was bringing the property description information forward from the 1999 to the 2000 assessment year. A more detailed explanation is contained in the packet in a memo from Jim Canary, City Assessor. The property taxation refund provisions are restricted by State Statutes. State Statute provides for property tax refunds under the following circumstances –
Sec. 29.45.500. Refund of taxes.
(a) If a taxpayer pays taxes under protest, the taxpayer may bring suit in the superior court against the municipality for recovery of the taxes. If judgment for recovery is given against the municipality, or, if in the absence of suit, it becomes obvious to the governing body that judgment for recovery of the taxes would be obtained if legal proceedings were brought, the municipality shall refund the amount of the taxes to the taxpayer with interest at eight percent from the date of payment plus costs.
(b) If, in payment of taxes legally imposed, a remittance by a taxpayer through error or otherwise exceeds the amount due, and the municipality, on audit of the account in question, is satisfied that this is the case, the municipality shall refund the excess to the taxpayer with interest at eight percent from the date of payment. A claim for refund filed one year after the due date of the tax is forever barred.
(c) The governing body may correct manifest clerical errors at any time.

After reviewing this issue with Mr. Canary, I have decided that this error meets the refund provisions of Section 29.45.500(c). Under this section, only the governing body has the authority to authorize the correction.

Subsection (c) does not include an interest refund provision as provided for in subsections (a) and (b). However, there is case law that applies in this situation. Consistent with case law, we are including interest at 8%. The total amount of the refund for tax years 2000 through 2005, plus interest, is $49,582.51.

I recommend we correct the assessed values and refund the owners of Capital Office Park in the amount of $49,582.51.

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports
1. Thane Neighborhood Association v Planning Commission - Appeal of USE2006-00005-Kennel and Sled Dog Tour

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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