ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, February 25, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-05


I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. February 11, 2008 – Regular Meeting 2008-03
B. February 13, 2008 – Special Meeting 2008-04

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 2008-06
An Ordinance Amending the Commercial Passenger Vehicle Code.

CBJ regulates the Commercial Passenger Vehicle (CPV) industry to provide for safe, convenient, and effective commercial passenger vehicle services. CBJ Code addresses public safety issues, and to some extent, consumer protection. The current CPV classification system is divided into two sections: vehicles that operate under a Class A endorsement (for taxicabs) or vehicles that operate under a Class B endorsement (for all other types of commercial passenger vehicles). This ordinance would allow for a third classification: Class C, for human-powered vehicles (pedicabs).

In addition to adding a third classification, several changes have been made to clarify existing provisions on insurance and non-payment of CBJ fees and taxes.

Following adoption of the ordinance, the Manager will prepare and issue draft regulations for public comment as required to implement these new provisions in ordinance.

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

b. Ordinance 2008-07
An Ordinance Amending the Marine Passenger Fee Code Regarding The Passenger Fee Proceeds Committee
.

CBJ 69.20.120(b) established procedures regarding the use of revenues from Marine Passenger Fees. Specifically, after the Manager drafts a list of recommendations for funding multiple projects, it is then submitted to the Passenger Proceeds Committee for its review and comments. This review and comment phase is only advisory. The Manager submits final recommendations to the Finance Committee for approval and inclusion in the budget.

Over the years, the appropriations from this fund have become more standardized in nature, the role of this committee has lessened and become more duplicative of the Assembly Finance Committee's final review and approval of the Manager's list. There has been less interest from the public to serve on the committee in the two public seats available, and CBJ has not received any new applicants interested in participation.

This ordinance would retain the provision for the cruise ship industry representatives and the public to continue to be afforded the opportunity to comment at the draft stages of the Manager's list, but streamline the process by focusing on presentation and review by one committee.

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

c. Ordinance 2007-21(AQ)
An Ordinance Appropriating To The Manager The Sum Of $700,000 As Funding To Support Several Capital Improvement Projects At Eaglecrest Ski Area, Funding Provided By The Rasmuson Foundation.

This ordinance would appropriate $700,000 from the Rasmuson Foundation for the following projects at Eaglecrest:

$200,000 to support completion of the Mid-Mountain Chairlift Project:
These funds will augment funds from CBJ and funds raised by the community to install the mid-mountain lift providing early access to the mountain for skiers and snowboarders thereby providing Eaglecrest with additional revenue.

$100,000 to support completion of the Beginner Chairlift:
These funds will be used in conjunction with funds raised by the community to construct a chairlift in the learning area at Eaglecrest. This chairlift will allow for easier and faster learning by new participants at Eaglecrest. This will also assure additional revenue to Eaglecrest.

$100,000 to support completion of the multi-purpose service corridor to the top of the mountain:
In order to be able to service the FAA weather-monitoring tower on top of Eaglecrest, as well as provide for summer recreational opportunities on the mountain, CBJ has contributed $250,000 for a multi-purpose service corridor to the top of the mountain. These funds from the Rasmuson Foundation will be used to complete this project. Eventually, hikers and mountain bikers will be able to use Eaglecrest in the summer as easier access will be afforded by this project.

$284,000 to support completion of the combined Alpine Race Training Center and the Ski Patrol Aid Room:
The area allocated to the Ski Patrol for medical treatment as well as the space allocated for storage and administration for the Juneau Ski Club is inadequate. These funds from the Rasmuson Foundation, in addition to a no-interest loan from CBJ and the volunteer labor needed to construct this building, will provide the needed spaces for these organizations to provide efficient services to their constituents.

$16,000, in the form of a challenge grant, for use at Eaglecrest:
The Board of Directors of Eaglecrest will determine the best use of these funds in furthering the mission of Eaglecrest. These are the only funds that require a match with Eaglecrest funds.

This ordinance was recommended for adoption by the Eaglecrest Board at its January 17, 2008 meeting.

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

d. Ordinance 2007-21(AT)
An Ordinance Appropriating To The Manager The Sum Of $2,550 As Funding For The Purchase Of Artworks For The Juneau-Douglas City Museum, Funding Provided By Museums Alaska, Incorporated.

Economic Impact Note

This ordinance would appropriate a $2,550 Museums Alaska, Inc., Art Initiative grant, for the purchase of artwork 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 2437
A Resolution Establishing The Policy Of The City And Borough That All Municipal Contracts For Construction Projects Exceeding $4,000,000 Shall Include A Project Labor Agreement.

Shattenberg Letter                         Logan Letter

This resolution would establish the Assembly’s commitment to the use of Project Labor Agreements (PLA) for all CBJ building projects estimated to exceed $4,000,000 in construction cost.

Primary purposes for the use of a PLA is to ensure a steady supply of qualified labor and to maintain labor peace. This policy would apply to any CBJ building project, including enterprise board projects, which utilize multiple trades for the completion of construction. CBJ has used PLAs eight different times. Recently, the CBJ required PLAs on the Bartlett Hospital and Thunder Mountain High School projects, with 13 represented unions. This policy does not apply to site work contracts or work primarily in the right-of-way or below the tide line.

As this represents a policy decision by the Assembly, I have no recommendation.

3. Transfers

4. Bid Awards

VIII. PUBLIC HEARING

A. Ordinance 2008-03
An Ordinance Creating Local Improvement District No. 98 Consisting Of Installation Of A Sanitary Sewer System In The Industrial Boulevard Area.

LID Memo                 LID Tally as of 2-20-08              Exhibit A                  Exhibit B

This ordinance would create Local Improvement District (LID) No. 98 for the purpose of providing sewer serving the property owners within the West Valley Sewer, LID 98 boundary. The proposed total assessment for this project is $940,596.

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.

The most recent results of property owner support and objection are provided as a red folder item.

At this meeting, the Assembly may 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.

This is the third LID process for sewer extension to this neighborhood. At a meeting on December 12, 2007, the Assembly Committee of the Whole (COW) assigned this issue to a sub-committee that met with an informal neighborhood work group. The sub-committee reported back to the COW and recommended that the base rate of the new proposed assessments be reduced by 60%. LID 98 follows this direction.

I recommend this ordinance be adopted.

B. Ordinance 2008-04
An Ordinance Amending the Land Use Code, Table of Dimensional Standards, Regarding Maximum Lot Coverage in the MU Zoning District.

MU Zoning Map                           Table of Dimensional Standards

This ordinance would amend the Land Use Code to eliminate maximum lot coverage standards for developments in the Mixed Use (MU) zoning district. The MU zoning district is found only in Downtown Juneau, where the Planning Commission recently eliminated front yard setback requirements. A map of this area is included in the packet. Side and rear yards do not have setback requirements in this zone. Although the maximum lot coverage is currently limited to 80%, buildings in this district were historically built to have full lot coverage. Variances to lot coverage requirements are not permitted by the Land Use Code; therefore, this amendment will bring several nonconforming buildings into conformance, and allow future development in the MU zoning district to be of a consistent scale and design with existing development.

This ordinance was recommended for adoption by the Planning Commission at its February 12, 2008 meeting.

I recommend this ordinance be adopted.

C. Ordinance 2008-05
An Ordinance Renaming, Amending, And Extending The Smoking In Public Places Code.

City Attorney Memo                                  JCAC/NCADD Letter

At its regular meeting on January 28, 2008 the Assembly directed the City Attorney to prepare an ordinance to close the claimed gaps in the current smoking ban ordinance to prohibit smoking in all places where either alcoholic beverages are sold, or food is offered for sale. As a result of the ban on smoking in bars, which became effective on January 2, 2008, some apparent gaps in the current ordinance have been identified, which have raised concerns about a “level playing field” among impacted businesses.

In short, this ordinance would: (1) broaden the definition of a “bar;” (2) eliminate the limited exception to the smoking prohibition for “private functions” in CBJ 36.60.030(a)(6), which is difficult to enforce and has limitations that can be circumvented; (3) specifically prohibit smoking in private clubs that are licensed by the State to sell alcoholic beverages, or that offer food for sale; and (4) eliminate the “retail tobacco store” exemption. The ordinance also simplifies several definitions and clarifies the language of the ordinance.

I recommend this ordinance be adopted.

D. Ordinance 2007-21(AF)
An Ordinance Appropriating To The Manager The Sum Of $6,820,000 As Partial Funding For The North Douglas And West Mendenhall Valley Sewer Expansion Projects And The Juneau-Douglas Treatment Plant Jet Truck & Septage Receiving Facility Improvement Project, Funding Provided By The State Of Alaska Department Of Environmental Conservation.

This ordinance would appropriate $6,820,000 in low-interest loans from the Alaska Department of Environmental Conservation’s Alaska Clean Water Fund as partial funding for the following three projects:

• $4,570,000 – North Douglas Sewer Expansion
• $2,000,000 – West Mendenhall Valley Sewer Expansion
• $250,000 – Juneau-Douglas Treatment Plant Jet Truck and Septage Receiving Facility Improvements

The terms of the low-interest loans under the Alaskan Revolving Loan Fund program are 20 years at 1.5 percent interest.

North Douglas Sewer Expansion
The purpose of this loan is to provide financing for the Local Improvement District (LID) portion of the project costs for all sewer extension phases between the Juneau Douglas Bridge and the existing collection system near Falls Creek. The loan will be paid with revenues collected from participant property owners. This LID financing mechanism has historically been used by CBJ on sewer extension projects.

The North Douglas Sewer Expansion program is being done in multiple phases, with a total estimated project cost of $7,100,000. The system expansion is being funded through a local Special Sales Tax, ADEC Grants and Loans, and LID participation.

West Mendenhall Valley Sewer Expansion
The purpose of this loan is to provide financing for the LID portion of the project costs for the first phase of sewer system expansion in the Industrial Boulevard, Bentwood Place, and Sherwood Lane areas. The loan will be paid with revenues collected from participant property owners. This LID financing mechanism has historically been used by CBJ on sewer extension projects.

The West Mendenhall Valley Sewer Expansion program is being done in two phases, with an estimated total project cost of $4,500,000 for Phase One. The system expansion is being funded through a local Special Sales Tax, ADEC Grants and Loans, and LID participation.

Juneau-Douglas Treatment Plant (JDTP) Jet Truck and Septage Receiving Facility Improvements
The purpose of this loan is to provide financing for capital improvements to the JDTP wastewater collection and treatment system to more efficiently receive and process septic tank sludge from private haulers and contaminated materials vacuumed by the Utility from the collection system pump stations and manholes during routine system maintenance.

Resolution 2412, dated June 25, 2007, authorized the City Manager to enter into this loan agreement fore these three projects with ADEC. The Public Works and Facilities Committee supported the loan funding at its May 21, 2007 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2007-21(AR)
An Ordinance Transferring To The Manager The Sum Of $20,013 As Repayment Of Unspent Funds In The West Juneau Park Acquisition Capital Improvement Project, Funding Originally Provided By The Lands Fund
.

Economic Impact Note                             Memorandum

This ordinance would repay unspent funds in the West Juneau Park Acquisition Capital Improvement Project to the Lands fund.

Resolution 2103 adopted the Capital Improvement Program for fiscal years 2002 through 2007 and identified $250,000 for acquisition of parkland in West Juneau, with the Lands Fund as the funding source.

The Assembly Lands Committee and the Public Works and Facilities Committee recommended approval of this transfer at meetings on February 4, 2008.

I recommend this ordinance be adopted.

F. Ordinance 2007-21(AS)
An Ordinance Appropriating To The Manager The Sum Of $270,413 In Federal Secure Rural Schools And Community Self-Determination Act Title III Funds, $160,000 Held As Restricted General Fund Balance And $110,413 Held As Restricted Fire Service Area Fund Balance.

Economic Impact Note

This ordinance re-appropriates $270,413 of Title III of the National Forest Timber Receipts, Secure Rural Schools and Community Self-Determination Act of 2000, public law 106-393 (Title III) for two projects:

• $110,413 to be used to provide fire and rescue equipment. CBJ provides, through Capital City Fire/Rescue (CCFR), emergency rescue and medical services throughout the City and Borough of Juneau. A portion of the borough includes Federal lands. In addition, CBJ has completed a Cooperative Agreement with the National Forest Service for wildland fire protection in the Tongass National Forest.

• $160,000 for the development of an interpretive trail and training program. The program, Forest Interpretation Resource Education (FIRE), will be a collaboration of CBJ, Discovery Southeast (an organization focused on environmental education), and Trail Mix (an organization dedicated to trail management). The goal of this program is to develop an after-school program for elementary, junior high, and high school students to work with environmental education professionals to design interpretive signage and a brochure for several of Juneau’s trail systems. The City and Borough presently manages nearly 40 miles of trails, most of which abut or connect directly with trail systems of the Tongass National Forest. Interpretive trail signage and

brochure work proposed for the first year includes Treadwell Historic Trail, Amalga Park/Jensen-Olson Arboretum, DZ Nature Trail, and Auke Lake Trail. Year Two will include interpretive signage for Mt. Roberts Trail (at Star Hill & Basin Rd), Point Bridget Trail, Outer Point and Rainforest Trail, Montana Creek Trail, and Fish Creek Trail. A minimum of three trail kiosk signs that provide an overview of the CBJ trail system will be produced. Discovery Southeast, working with local area schools, will produce print-ready interpretive trail signs and brochures with appropriate maps. Signage will be produced through a State sign contract.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor License

1) Restaurant Designation Permit Application
Tailwind, Inc. d/b/a Hangar on the Wharf and Pizzeria Roma
Location: #2 Marine Way, Suite 106, Juneau, AK

The above application for a Restaurant Designation Permit is before the Assembly to either approve or not approve.

The Finance, Police, Fire, and Community Development Departments have reviewed the above business for compliance with CBJ Code. Enclosed in your Human Resources Committee packets are copies of the permit application and attachments received from the Alcohol Beverage Control (ABC) staff.

The Human Resources Committee met earlier this evening, Monday, February 25, 2008 and will report on its recommendation with regard to this permit.

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

XI. STAFF REPORTS

XII. ASSEMBLY REPORTS

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

XIII. ASSEMBLY COMMENTS AND QUESTIONS

XIV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XV. EXECUTIVE SESSION

XVI. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Municipal Libraries and online at www.juneau.org.

ADA accommodations available upon request: Please contact the Clerk’s office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s office telephone number is 586-5278, TDD 586-5351, e-mail: city_clerk@ci.juneau.ak.us

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