ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, March 10, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-07

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Purchasing Month Proclamation

IV. APPROVAL OF MINUTES

A. February 25, 2008 – Regular Meeting 2008-05

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 2008-08
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of Approximately 40,510 Square Feet Of Land Within U.S. Survey 16, For Operation Of The Auke Bay Boatyard, Travel Lift, And Related Equipment And Improvements At Dehart’s Marina In Auke Bay.

This ordinance would authorize the Port Director to negotiate and execute a lease with Juneau Marine Services, Inc., for the operation of the Auke Bay Boatyard facility and marine travel lift located at DeHart’s Marina. The Docks and Harbors Board approved the award of the lease at its January 31, 2008, meeting.

Docks and Harbors issued a Request for Proposals to solicit proposals from persons interested in operating the Auke Bay Boatyard under a lease with the CBJ. Four proposals were received. The proposals were reviewed by an evaluation committee (Docks and Harbors Board Chair, Docks and Harbors Board Finance Committee Chair, Port Director, and Harbormaster). The proposal submitted by Juneau Marine Services was the highest ranked proposal.

The current boatyard lessee is ceasing operation of the travel lift and boatyard on April 30, 2008. If this ordinance is adopted, Juneau Marine Services will take over on May 1, 2008, to provide uninterrupted operation and services. Juneau Marine Services is also currently under lease to operate the boatyard at the Downtown Fisheries Terminal.

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

b. Ordinance 2008-21(AU)
An Ordinance Appropriating To The Manager The Sum Of $1,120,000 As Partial Funding For The West Mendenhall Valley Sewer Expansion Project, Grant Funding Provided By The Alaska Department Of Environmental Conservation.

This ordinance would appropriate $1,120,000 in Alaska Department of Conservation (ADEC) grant funds as partial funding for the first phase of expansion of the municipal sewer collection system in the West Mendenhall Valley area. The grant funds were included in the State fiscal year 2008 capital budget bill (SB53).

This project includes design and construction of approximately 6,000 feet of sewer main in the Industrial Boulevard, Bentwood Place, and Sherwood Lane areas. The project will be bid in the spring of 2008, with anticipated completion by the spring of 2009. A pressure sewer main under the Mendenhall River and a new sanitary sewer pump station at the east end of Maier Drive were constructed in the summer of 2007 in preparation for this first phase of collection system development.

The total cost for Phase One is $4,500,000. The estimated eligible costs for grant participation for this project are $2,240,000. The total grant for this project is limited to 50 percent of eligible costs pursuant to AS 46.03.030 (e).

The West Mendenhall Valley Sewer Expansion, Phase One, is being funded through Sales Tax, this ADEC Grant, and LID participation financed with a low interest $2,000,000 ADEC loan.

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

2. Resolutions

3. Transfers

4. Bid Awards

VIII. PUBLIC HEARING

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 adopted.

B. Ordinance 2008-07(b)
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 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 Assembly 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.

Version (b) incorporates changes relating to the timing of solicitations and changes from the Human Resources Committee regarding consultation with the cruise line industry and the Docks and Harbor’s Board.

I recommend this ordinance be adopted.

C. Ordinance 2007-21(AQ)(b)
An Ordinance Appropriating To The Manager The Sum Of $700,000 As Partial Funding For The Mid-Mountain Chairlift, Beginning Chairlift, Multipurpose Corridor To The Top Of The Mountain, Alpine Race Training Center And Ski Patrol Room Capital Improvement Projects, And As Funding For The Challenge Grant, Grant 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 will be used as additional funds 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, 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 its constituents.

$16,000 in the form of a challenge grant for use at Eaglecrest:
These are the only funds that require a community match. These funds can be used to support capital improvements as recommended by the Eaglecrest Board of Directors, with the Assembly’s approval.

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

Version (b) changes the title, making it more descriptive and specific.

I recommend this ordinance be adopted.

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 adopted.

IX. UNFINISHED BUSINESS

A. Ordinance 2008-05(b)
An Ordinance Renaming, Amending, And Extending The Smoking In Public Places Code.

City Attorney Memo February 2008

CIty Attorney Memo March 2008

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.

Version (b) incorporates the recommendations that came from the Committee of the Whole meeting of March 5, 2008. The only change in version b adds an exemption from the smoking ban for outdoor patios and seating areas. There is a memo from the City Attorney outlining the changes found in this version included in the packet.

I recommend this ordinance be adopted.

X. NEW BUSINESS

A. Pusich/Corrigan v Planning Commission Appeal

On February 12, 2008, the Planning Commission approved three Conditional Use Permits
for development of a cottage housing project located on property known as Heritage Hills Subdivision Lots 1 – 4. On March 3, 2008, Kelly Corrigan and Mary Kay Pusich filed an appeal of the decision to the Assembly. The Notice of Appeal is in the 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. Corrigan, Ms. Pusich, 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 as referenced in CBJ 01.50.230, Impartiality.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

XI. STAFF REPORTS

A. Project Labor Agreements Update

Hartle/Healy Memos re Project Labor Agreement - Glacier Valley School

Juneau & Vicinity Building & Construction Trades Council

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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