ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, April 23, 2007 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2007-10

Submitted by: Rod Swope, City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition
B. National Weather Service – Juneau Storm Ready Certificate
C. Gastineau Apartment Fire Rescue
D. Pond Rescue – Joey Yaletchko

IV. APPROVAL OF MINUTES

A. April 9, 2007 – Special Assembly Meeting 2007-09

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 2007-29
An Ordinance Amending the Building Code Provisions Regarding Sprinkler Protection.

This ordinance modifies the existing requirements of Ordinances 19.03.903 of the Building Code by decreasing the maximum area and height of buildings allowed without the installation of sprinkler systems.

Under this ordinance, the threshold before a single story building will be required to have an approved sprinkler system will be reduced from 12,000 square feet to 4,000 square feet. The threshold for a multiple story building will be reduced from 24,000 square feet to 8,000 square feet. The threshold height of a building for requiring a sprinkler system will be reduced from 45 feet to 35 feet.

The Public Works and Facilities Committee forwarded this ordinance for consideration by the Assembly at its meeting on December 11, 2006.

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

b. Ordinance 2007-30       Exhibit A          Exhibit B
An Ordinance Authorizing the Manager to Negotiate and Execute a Lease of Approximately Two Acres of City and Borough Land Located in Dimond Park, Within Lakeside Subdivision Tract II, U.S. Survey 4598, to the Juneau Community Foundation, a Nonprofit Corporation, for the Construction and Operation of an Indoor Field House.

The Juneau Community Foundation desires to lease approximately two acres of CBJ land located in Dimond Park for the construction and operation of an indoor field house. The site plan for the facility is shown on the exhibits to the ordinance. The exact footprint of the lease site will be determined after construction based on an as-built survey.

In 2006, the Legislature appropriated a $4 million grant for the Juneau Community Foundation to design and construct an indoor sports facility. After construction, the Foundation will assign the lease to Dimond Park Field House, Inc., a nonprofit organized to support and provide facilities for youth and adult sports. Dimond Park will operate and maintain the facility, and operations will be supported by user fees. The School District and Parks & Recreation will also utilize the facility for sports programs and classes, for which these agencies will pay a share of the costs for utilities and insurance.

Under the CBJ Code, the Assembly may waive the normal minimum acceptable annual rental rate when leasing to a nonprofit for a public or quasi-public health function. This lease qualifies for a waiver, and the lease rate will be $1.00 per year. Both the Foundation and Dimond Park are nonprofit corporations, and this much needed indoor sports facility will significantly enhance the health and welfare of our community. The waiver is addressed in Section 3 of the ordinance.

The Lands Committee reviewed the project on February 5 and March 19, and recommended that the Assembly authorize the lease. The Planning Commission approved the conditional use permit for the project at its April 10 meeting, with the condition that construction not begin until after July 5 to accommodate this year’s Gold Rush Days. Parks & Recreation has been in discussions with Gold Rush Days regarding potential future plans.

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

c. Ordinance 2007-31      Map       Marlow Memo        Exhibits
An Ordinance Relating to Motorized Uses on Auke Lake, and Providing for a Penalty.

This ordinance designates motorized uses on Auke Lake. The ordinance establishes days and hours of operation for motorized use; prohibited areas of operation; restrictions on wake, refueling, and vessel size; and a fine schedule for offenses. Comments on the proposed ordinance have been solicited from DNR, NOAA, UAS, Friends of Auke Lake, and representatives for motorized use.

In 1996 the Parks and Recreation Advisory Committee formed a task force of interested parties to draft a set of recommendations in response to concerns over the use and management of Auke Lake. The task force was made up of representatives from the concerned user groups who determined that their package of recommendations offered the best solution for the largest number of concerned parties.

Shortly thereafter, CBJ applied for grant funding to conduct a study to identify the carrying capacity of the lake, both for non-motorized and motorized uses. The study was intended to facilitate an interagency management plan for the lake. CBJ also applied to permit and relocate the launch ramp, near the northern point of the wayside. CBJ withdrew these grant and permit applications in response to agency concerns regarding the location of the launch ramp, and whether Auke Creek salmon habitat would be sufficiently protected with motorized use. An informal neighborhood group followed up on the task force recommendations with self implemented strategies to make the area safer and accommodate all the different lake uses, including shoreline boundary markers for the no-wake zone, a motorized use area, and some signage.

In April 2006, the Assembly received a request from the Friends of Auke Lake to consider restrictions on motorized watercraft. In June 2006, the Lands Committee received testimony from representatives for motorized and non-motorized use, as well as DNR, DEC, NOAA, UAF, and UAS staff. In August 2006, the Lands Committee directed staff to incorporate the main points of the 1996 task force recommendations into a draft ordinance, designating motorized uses on Auke Lake. Recognizing that a package of actions are required to adequately address the identified concerns, staff was also directed to move forward in other areas, including: assisting NOAA with Auke Lake water quality sampling, coordinating with NOAA for a summer 2007 Auke Lake user study, generating a master plan and cost estimate for improvements to the wayside parking area, and investigating funding sources for improvements to the wayside.

At the April 9, 2007 Lands Committee meeting the draft ordinance was amended to prohibit motorized use on Sundays and Mondays, and to include an October 1, 2007 sunset clause for the ordinance. If adopted by the Assembly, the ordinance would take effect in 30 days.

Staff was also requested to update the Lands Committee on funding for a basic launch ramp as soon as the lake thaws and a refined design and cost estimate can be prepared. Currently motorized and non-motorized users access the lake at an informal point in Auke Creek. The access point is in the former bridge alignment for Glacier Highway. Starting in August 2007, UAS will construct a pedestrian bridge in this Auke Creek access alignment, linking the UAS campus to the wayside and future east trail corridor. Construction of a basic, but formal, launch facility in the Auke Lake wayside will be needed for continued motorized and non-motorized lake access, and to address concerns for Auke Creek salmon habitat.

I recommend this ordinance be introduced and set for public hearing at a special Assembly meeting to be held on Monday, May 7, 2007.

d. Ordinance 2006-11(AM)     Budget Note
An Ordinance Transferring The Sum Of $15,000 To The General Fund, Funding Provided By The Juneau International Airport.

This ordinances transfers $15,000 from the Juneau International Airport back to the General Fund.

On Oct 30th, 2006, the Assembly granted the Airport’s request for $15,000 in assistance to fund an air carrier market analysis, with a transfer from Better Capital City per Ordinance 2006-11(M). Due to stagnancy in airline businesses, the Airport decided to postpone this study until there was additional airline interest in Juneau.

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

e. Ordinance 2006-11(AQ)
An Ordinance Appropriating To The Manager’s Office The Sum Of $24,823 As Partial Funding For The Development Of Stormwater Policies, Funding Provided By The United States Fish And Wildlife Service.

This ordinance appropriates a $25,000 United States Fish & Wildlife Service grant for the research and writing of a Manual of Best Management Practices (BMP’s) for Storm Water.

The manual will provide the Engineering, Planning and Public Works Departments with a broader range of strategies to better manage storm water for water quality and flooding. The Municipality of Anchorage has developed a drainage manual that includes these storm water BMP’s to guide land managers and developers as part of NPDES requirements. It is likely that in the coming years Juneau will also be required to develop a comprehensive manual.

This grant requires a match of approximately 18%, which will be met using the areawide sales tax to be transferred into the project at the next meeting.

This issue was reviewed and approved by the Public Works and Facilities Committee at its April 30, 2007 meeting.

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

f. Ordinance 2006-11(AR)   Budget Note
An Ordinance Appropriating To The Manager The Sum Of $37,598 As Funding For Storm Damage Repairs, Funding Provided By Alaska Department Of Military And Veteran’s Affairs.

This action will appropriate $37,598 from the State of Alaska Department of Military and Veteran’s Affairs Disaster Assistance Program as reimbursement for expenses incurred during the 2005 Fall storm. Expenses incurred were for the following work:

• Remove and haul mud, rock and debris from Wickersham roadway and right of way;
• Repair roads, clean culverts and culvert grates, pump water and perform other emergency protective measures city wide; and
• Replace bridge embankments supporting Montana Creek Trail Bridge.

Expenditures initially paid for by:
$17,598 - Streets Department
$20,000 - Montana Creek Trail Abutt & Repair Capital Improvement Project

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

g. Ordinance 2006-11(AS)   Budget Note
An Ordinance Appropriating to the Manager the Sum of $731,974 as Partial Funding for the Thunder Mountain High School, Funding Provided by General Obligation Bond Interest Income.

This ordinance appropriates $731,974 of accrued interest income to be used as partial funding for the Thunder Mountain High School.

The High School Project Team, JSD School Board, and JSD School Facilities Committee agreed in concept to a transfer of monies from Floyd Dryden I and II and JDHS Renovation I and II to Thunder Mountain High School in 2006. CBJ staff has withheld the actual transfer of monies to allow for a complete review and accounting of remaining project items. That process is complete, and CBJ/JSD is now ready to proceed with completing Floyd Dryden I and II and JDHS Renovation I and II and transferring monies to the new high school.

The Public Works and Facilities Committee recommended this appropriation during its March 19, 2007 meeting.

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

h. Ordinance 2006-11(AT)   Budget Note
An Ordinance Appropriating to the Manager the Sum of $2,400 as Funding for the Purchase of Artworks for the Juneau-Douglas City Museum, Funding Provided by Museums Alaska, Incorporated.

This ordinance appropriates a $2,400 Museums Alaska, Inc. Art Initiative grant for the purchase of artworks for the Juneau-Douglas City Museum’s permanent collection.

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

2. Resolutions

a. Resolution 2331       Letter from Douglas Service Area Advisory Board
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 originally established 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, 2005 the board voted to recommend that its membership be reduced from nine to seven. This change would 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,” as CBJ no longer uses service area designations. The board would continue to advise the CBJ on matters that affect Douglas Island and its facilities and residents.

The Human Resources Committee heard the annual report of the Douglas Service Area Advisory Board at its meeting on April 2, 2007. The HRC recommended this resolution be forwarded to the Assembly at its next regular meeting. A letter from the Board is enclosed in the packet renewing its interest in the adoption of this resolution. The letter indicates support for the change of the committee’s name and for the reduction of the number of members from nine to seven.

I recommend this resolution be adopted.

b. Resolution 2401
A Resolution Creating the Juneau Commission on Sustainability, and Repealing Resolution 2376 Relating to the Juneau Energy Advisory Committee.

This resolution creates a 9-member Commission on Sustainability, the mission of which will be to promote the economic, social, and environmental well-being of Juneau and all its inhabitants, now and into the future. The Commission will gather and disseminate information; promote practical initiatives; and measure, monitor, and report on Juneau’s progress toward sustainability. This resolution also disbands the Juneau Energy Advisory Committee, as the Sustainability Commission’s work will encompass energy issues.

I recommend this resolution be adopted.

c. Resolution 2402  Legal Description   LID Roll   Staff Memo   Ord. 2005-37
A Resolution Confirming the Assessment Roll for LID No. 92 Fixing the Time and Method of Payment of Assessments; Setting the Day of Levy; and Fixing the Time of Delinquency and the Penalties and Interest.

This resolution confirms the assessment roll for LID No. 92, for the purpose of improving the Greenwood Avenue roadway which serves the property owners within the LID 92 boundary. The proposed assessment per lot is listed in the LID 92 Assessment Roll.

Notices were published in the newspaper and sent to residents in the LID area so they would be aware that they would have this opportunity to make their views known to the Assembly.

At the time of the hearing, the Assembly will sit as a Board of Equalization for the purpose of considering the assessment roll, will consider any objections made and will modify the roll if necessary at the conclusion of the hearing.

As of Wednesday, April 18th, three property owners had contacted the Engineering Department and have requested reduced assessments. Included in your packets, you have received a memorandum with a recommended course of action from Rorie Watt recommending adjustments to the assessment roll.

I recommend this resolution be adopted.

d. Resolution 2404   Budget Note
A Resolution De-appropriating The Sum Of $2,180 In Grant Funding To Adjust Fiscal Year 2007 Budgeted Library Grants To The Actual Grant Amounts Received From The Alaska Department Of Education And Early Development.

This year end action de-appropriates $2,180 to adjust the FY07 Library grant budgets to the actual amounts received. Three grants, as described below, are involved in this adjustment:

1. The Public Library Assistance grant will be adjusted upward from the amount budgeted of $18,600 to the amount received of $18,750, an increase of $150; and,

2. The Regional Mail Services grant will be adjusted downward from the amount budgeted of $112,700 to the amount received of $111,070 a decrease of $1,630; and,

3. The Net Lender reimbursement grant will be adjusted downward from the amount budgeted of $1,900 to the amount received of $1,200, a decrease of $700.

I recommend this resolution be adopted.

e. Resolution 2405     Exhibit
A Resolution Authorizing the Manager to Accept the Donation of Lot 6, Block 203, Casey Shattuck Subdivision, to the City and Borough.

The property owner of Lot 6, Block 203, Casey Shattuck Subdivision has offered to donate a 400 square foot parcel to the City and Borough of Juneau. The property is a remnant parcel located immediately north of the W. Ninth Street, Capital Ave, and A Street intersection (see exhibit A). The small size, irregular shape of property, as well as the surrounding right-of way, restricts development opportunities. The Assessor has established a value of $1,500 for the parcel. Per CBJ §53.04.030, real property which is offered to the City and Borough as a gift, may be accepted only upon approval of the assembly by resolution.

The Lands Committee recommended accepting this donation of property at its March 19, 2007 meeting.

I recommend this resolution be adopted.

f. Resolution 2406
A Resolution Authorizing the City and Borough to Participate in the Community Development Block Grant Program.

The City and Borough has been awarded $323,078 in Community Development Block Grant funds through the Homeless Assistance Program at the Alaska Housing Finance Corporation, to provide for facility upgrades and renovations at the Glory Hole, the AWARE shelter, Gastineau Human Services and St. Vincent de Paul. Facility improvements will include lighting and heating systems upgrades, essential repairs such as new roofing and siding, and livability upgrades including new floors, kitchens and bathrooms. Adoption of this resolution authorizes the CBJ to accept the grant funds and participate in the program.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-850    Budget Note
Transferring $200,000 from Lemon Creek Gravel Pit Second Bridge to Lemon Creek Commercial Center Second Access

This request authorizes the transfer of $200,000 in Lands Fund monies from the Lemon Creek Gravel Pit Second Bridge project to the Lemon Creek Commercial Center Second Access project.

These projects have the same scope and were intended to be reported as one project.

The Public Works and Facilities Committee heard and approved this request at its March 19, 2007 noon meeting.

I recommend this transfer be approved.

VIII. PUBLIC HEARING

A. Ordinance 2007-10   Jim Douglas Memo    Doug Gardner Letter    HRC Minutes
An Ordinance Relating to Driving While Under the Influence.

Modeled after Anchorage's Driving Under the Influence (DUI) ordinance, this amendment was requested by the District Attorney's office and supported by Juneau Police Department’s Drug Recognition Expert, Officer Quinto. This ordinance would provide flexibility to charge DUI in a time when new, unscheduled drugs appear frequently, e.g., the drug SOMA, which is not yet a “controlled substance,” but is a depressant, the use of which can render a person incapable of driving safely. This ordinance would make it illegal to drive while under the influence of such drugs or a combination of such drugs and alcohol.

The Human Resources Committee heard this ordinance at its April 2, 2007 meeting and recommended it be forwarded to the Assembly for approval.

I recommend this ordinance be adopted.

B. Ordinance 2007-11
An Ordinance Amending the Land Use Code Relating to Canopies, Awnings, Cornices, and Encroachments.

The City and Borough of Juneau encourages the construction of canopies and awnings on the front facades of structures to protect pedestrians from the elements. Through the Historic District Design Standards located in Title 4, canopies are allowed to encroach into public rights-of-way in the Downtown Historic District; however, no mechanism currently exists in either Title 49, the Land Use Code, or Title 62, Public Ways and Property, to allow canopies or awnings to encroach into public rights-of-way or pedestrian ways outside of this district. The intent of proposed Ordinance 2007-11 is to provide a simple mechanism to allow such encroachments boroughwide.

I recommend this ordinance be adopted.

C. Ordinance 2007-18
An Ordinance Setting the Financial Terms for the Fee in Lieu of Parking Program.

This ordinance would modify the Fee in Lieu of Parking Program to provide definite payment terms. The payment provisions included in the original ordinance were intended to follow what is done for Local Improvement Districts (LIDs). However, LIDs require additional resolutions to set the payment terms. It has been determined that setting the terms by resolution for each individual electing to use the Fee in Lieu of Parking Program would be impractical. As such, this ordinance would impose specific terms for the Fee in Lieu of Parking Program. The payment terms would be set at 10 years and the term interest rate would be set at one percent greater than the prime rate. The amounts would be billed with the annual property taxes and subject to the same late payment penalty and interest charges.

I recommend this ordinance be adopted.

D. Ordinance 2007-19    LID Legal Description
An Ordinance Creating Local Improvement District No. 94 of the City and Borough; Finding That Such Local Improvement District is in the Public Interest; Setting The Boundaries of Such Local Improvement District; Providing for the Improvements to Be Acquired, Constructed, And Installed, Consisting of Storm Drainage Services To Each Lot, A Storm Water Collection System, New Road Foundation, Asphalt Pavement, Curb And Gutter, Sidewalk On One Side Of The Street, and Improvements to the Water and Sewer Systems.


This ordinance would create LID No. 94 for the purpose of roadway reconstruction consisting of asphalt paving, curb, gutter, sidewalk, underground storm drainage and improvements to the water and sewer systems. The project area encompasses West Ninth Street from the south side of Egan Drive to the City Shop (adjacent to the Juneau-Douglas bridge).

The proposed assessment per lot is outlined in the Assessment Roll. An informal poll of the property owners in this LID area was conducted. Out of a total of 19 property owners, 12 responses were received. The property owners voting in favor represent $66,899 of the assessment, and those voting against represent $20,107. The total value of the property assessments is $135,068.

A notice was published in the newspaper and sent to the residents in the LID area providing the property owners the opportunity to share their views with the Assembly at this public hearing.

The Assembly shall hear objections from any owner affected by the formation of the district and may make changes in the proposed boundaries or in the plans for the proposed improvements. The Assembly may not change the boundaries of the district to include property not previously included without first giving new notice to owners in the manner and form and within the time provided for the original notice.

I recommend this ordinance be adopted.

E. Ordinance 2007-20    Map       BRH Policy
An Ordinance Extending the Smoking Ban to Include the Campus of Bartlett Regional Hospital, the Bartlett House, the Juneau Medical Center, and Wildflower Court, and to Prohibit the Use of Smokeless Tobacco Products on the Hospital Tobacco-free Campus.

The Board of Directors of Bartlett Regional Hospital adopted a “Tobacco-free Campus” policy at its meeting on December 19, 2006. The policy prohibits all smoking and use of smokeless tobacco products anywhere on the Hospital campus, including the parking areas and the streets and sidewalks adjacent to the Hospital buildings. The Board adopted the policy in an effort to further reduce the health risks related to the use of tobacco products and the possible adverse effects on patient care and treatment.

The Bartlett House, the Juneau Medical Center, and Wildflower Court have all requested that their facilities and parking areas be included in the “Hospital Tobacco-free Campus.” Wildflower Court has identified five pavilion areas, accessible only from within the facility, which should be excluded from the Tobacco-free Campus.

This ordinance expands the smoking ban ordinance to include the “Hospital Tobacco-free Campus” as defined and as shown on Exhibit A to the ordinance. It also expands prohibited activity on the Campus to include the use of smokeless tobacco products. Violation of this ordinance would be an infraction punishable by a fine of $50.00 per the health and sanitation fine schedule in CBJ 03.30.053. If adopted, this ordinance will become effective on June 1, 2007.

I recommend this ordinance be adopted.

F. Ordinance 2007-27
A Noncode Ordinance Extending the Expiration Date of the Conditional Use Permit for the Totem Creek, Inc., Golf Course to December 31, 2010, Concurrent With Certain Financial Terms of the Land Lease Between the CBJ and Totem Creek, Inc.

This non-code ordinance would extend the expiration date of the conditional use permit granted by the CBJ Planning Commission to Totem Creek, Inc., for the golf course proposal on CBJ property in North Douglas. Without this ordinance the permit is due to expire in September, 2007. This would extend the expiration date to 2010 to make it concurrent with financial milestones established in Totem Creek's lease of the CBJ property, by which time the non-profit corporation is required to have its financing package in place.

I recommend this ordinance be adopted.

G. Ordinance 2006-11(AJ)    Budget Note
An Ordinance Appropriating To The Manager The Sum Of $26,000 As Funding For The Juneau Therapeutic Court, Funding Provided By The National Council On Alcoholism And Drug Dependence.

The National Council on Alcoholism and Drug Dependence (NCADD) has received another grant from the Alaska Department of Transportation and Public Facilities (DOT/PF) to continue a model Therapeutic Court for District I. A Therapeutic Court is a court given the responsibility of supervising alcohol or drug abusing offenders placed in an intensive, closely monitored, treatment program. The grant includes funding for the City public defender and prosecutor to participate in the handling of city cases for the Juneau Therapeutic Court.

This appropriation provides funding for CBJ to participate in the third year of the program. The grant allows for a 15% administrative cost recovery and does not require matching funds.

I recommend this ordinance be adopted.

H. Ordinance 2006-11(AK)   Budget Note
An Ordinance Appropriating To The Manager The Sum Of $377,912 As Partial Funding For The Tee Harbor Water Extension And The Auke Bay Commercial Loading Facility, Funding Provided By 2003B General Obligation Capital Improvement Project Bond Interest Income.

This ordinance appropriates $377,912 of accrued 2003B General Obligation Capital Improvement Project bond interest income. Staff recommends the following distribution for appropriation:

1) North Tee Harbor Waterline - $200,000
2) Auke Bay Commercial Loading Facility - $177,912

The $200,000 request would fund the construction of the water system on Randall Road. This is the last remaining component of the Tee Harbor Water extension that began construction north from Lena Loop in 1994.

The $177,912 request would provide needed funding for the Auke Bay project. Staff recommends that any future interest earnings from this bond should be appropriated to Harbor projects.

The Public Works and Facilities Committee recommended this appropriation at its January 8, 2007 meeting.

I recommend this ordinance be adopted.

I. Ordinance 2006-11(AL)    Budget Note
An Ordinance Appropriating To The Manager The Sum Of $36,400 As Funding For Storm Damage Repairs, Funding Provided By Alaska Department Of Military And Veteran’s Affairs.

This action would appropriate $36,400 from the State of Alaska Department of Military and Veteran’s Affairs Disaster Assistance Program as reimbursement for expenses incurred to repair flood damage to the Last Chance Mine pedestrian walkway and access road during the 2005 Fall storm.

Risk Management paid for these expenditures initially. These funds will go back into the Risk Management fund.

I recommend this ordinance be adopted.

J. Ordinance 2006-11(AN)        Budget Note
An Ordinance Appropriating To The Manager The Sum Of $25,000 To Partially Fund A Special Election, Funding Provided By Sales Tax Budget Reserve Fund.

This ordinance would appropriate from the Sales Tax Budget Reserve $25,000 to partially fund the June 12, 2007 special election. The $25,000 would be combined with $10,000 available in the Clerk’s Office budget to provide necessary funding for the June special election, estimated to cost $35,000.

This funding recommendation was approved by the Assembly Finance Committee on March 14, 2007.

I recommend this ordinance be adopted.

K. Ordinance 2006-11(AP)     
An Ordinance De-appropriating from the Manager’s Office the Sum of $6,300 and Re-Appropriating the same as Funding for the Voter Information Pamphlet, Funding Provided by General Fund.

This ordinance would appropriate from the Manager’s Contingency Budget $2,500 to partially fund voter information for the June 12, 2007 special election. The $2,500 would be combined with $3,800 available in the Voter Information budget line item in the Manager’s Office budget to provide the funding (estimated cost is $6,300) for printing and mailing the voter information for the special election. This ordinance is required for compliance with APOC regulations.

I recommend this ordinance be adopted.

L. Ordinance 2006-11(AO)     Budget Note
An Ordinance Appropriating to the Manager the Sum of $19,600 as Funding for the Operations of the Jensen Olson Arboretum, Funding Provided by the Jensen-Olson Arboretum Endowment Trust Fund.

This ordinance appropriates $19,600 of earnings from the Jensen-Olson Arboretum Endowment Fund for Fiscal Year 2007 operations. Expenses include $13,500 for staffing and $6,100 for utilities, tools, supplies, etc.

The Jensen-Olson Arboretum was deeded to the City & Borough as a living trust, and sits between the Glacier Highway and Favorite Channel at Pearl Harbor, just north of the Shrine of St. Therese.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses

2007-2008 Renewals:
Beverage Dispensary License: Arctic Bar, 148 S. Franklin Street, License #76
Restaurant/Eating Place License: Bullwinkle’s Pizza II, 2687 Mendenhall Loop Road, License #1690
Package Store License: Percy’s Liquor Store, 214 Front Street, License #849

The above listed liquor licenses are before the Assembly to either protest or waive its right to protest the two-year renewal of these licenses.

The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for compliance with CBJ Code. The Human Resources Committee met earlier this evening, Monday, April 23, 2007, and will report on their action.

I recommend the Assembly adopt the Human Resources Committee's recommendations for action from tonight’s meeting.

B. Regulations

Docks and Harbors
Regulation Establishing Speed Limits Within CBJ Small Boat Harbors

This regulation establishes speed limits within CBJ’s small boat harbors and at specific areas adjacent to our harbors to protect the public and floating docks and other equipment from the damaging effects of excessive boat wake and wave action.

The Docks and Harbors Board adopted the regulations at its March 30 meeting after incorporating feedback from four public hearings and extensive written comment. The Board did its best to adopt a regulation that protects the public and our float infrastructure, allows exceptions for emergency and safety operations, and minimizes inconvenience and disruption to mariners.

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 chose 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.

I recommend the Assembly take no action and allow the regulations to take effect.

XI. STAFF REPORTS

A. Bill Childers, Juneau Police Department – Digital Evidence Locker System

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.


 

 

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