ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, October 20, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-31

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Proclamation – Youth Voting
B. Employee Recognition – Marilyn Vink, CCFR
C. Employee Recognition –Alaska State Firefighter of the Year – Sven Pearson

IV. APPROVAL OF MINUTES

A. September 29, 2008 – Regular Meeting 2008-30

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 2008-33
An Ordinance Amending the Land Use Code Relating to the Superimposed Parking District Map.

Exhibit A

The Superimposed Parking Districts 1 and 2 (PD-1 and PD-2) were adopted into Title 49, Land Use Code, with the complete rewrite in 1987. The adoption of this parking district was aimed at maintaining a sustainable, walkable, urban core and protecting the historic buildings within the Downtown area by allowing a lower parking requirement. These historic buildings were not built to accommodate the automobile.
In the PD-1 District, off-street parking requirements do not apply except in the case of expansion of an existing building or construction of a new building. For those new developments, parking requirements may be reduced by 60%. In 2007, the PD-1 district was expanded to include the Armory building.

The PD-1 district provides developers with an incentive to develop in the Downtown area, which is often very expensive; it also discourages developers from demolishing older buildings to meet the parking requirement.

The expansion of the PD-1 district to the northeast to include Lots 8, 9, 10, and 11, Block 68, Tidelands Subdivision, will implement the Comprehensive Plan goals of facilitating compact pedestrian oriented development in the urban core, would not allow uses prohibited in the Comprehensive Plan, and will encourage the preservation of historical buildings, thereby enhancing the vitality and character of Juneau.

A map of the area proposed for the PD- 1 extension is included in the packet.

At its September 23, 2008 meeting, the Planning Commission recommended Assembly approval of this map amendment.

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

b. Ordinance 2008-34
An Ordinance Amending The General Penalty Code On Ignition Interlock Devices And Amending The Traffic Code To Add Ignition Interlock Device Requirements To The Minimum Penalties For Driving While Under Influence And Refusal To Submit To Chemical Test.

Under a new Alaska law that becomes effective on January 1, 2009, a court may not enforce a municipal ordinance prescribing a penalty for driving while under the influence (DUI) or refusal to submit to a chemical test, unless the ordinance imposes ignition interlock device requirements under Title 28 of the Alaska Statutes, the Alaska Uniform Traffic Laws Act. This means that the City and Borough code sections on the penalties for DUI and refusal need to be amended to bring those sections into conformity with the new state law. This ordinance would do that.

Under the new state law, as a part of the minimum sentence for DUI, the person convicted must maintain an ignition interlock device on their vehicle for a certain time during the period of probation, and during the period of any limited driver’s license issued by the Division of Motor Vehicles. Similarly, persons convicted of refusal to submit to a chemical test must maintain the device on their vehicle for a certain time during the period of their probation.

As required by the state law, this ordinance would add to the minimum sentence for DUI and refusal to submit to a chemical test, periods of time during which the person would be required to use an ignition interlock device. First time DUI offenders would be required to use the device after they regain the privilege to drive, including the period of any limited license, for a minimum of 12 months during the period of probation. That time period is increased to a minimum of 24 months for second time offenders, a minimum of 36 months for third time offenders, and for the entire period of probation for persons previously convicted more than three times. The same time periods would apply to a sentence for a refusal conviction. This ordinance also includes a non-code transitional section identical to the transitional section in the new state law. Under this section, a person convicted of DUI before January 1, 2009, may continue to use a limited license or receive one under state law as that law read before January 1, 2009.

An ignition interlock device is a mechanism similar to a breathalyzer. It is attached to the car’s ignition system and requires the driver to blow into the device before starting the car. If the person’s blood alcohol level is higher than a preset level, the car won’t start. Once the engine is running, the system requires the driver to take a rolling retest. This is to ensure that the driver has not consumed alcohol since starting the car and to prevent another person from breathing into the device, enabling the intoxicated person to get behind the wheel and drive away. If a sample is not given, or if it exceeds the preset blood alcohol level, the device will record the event, warn the driver, and activate an alarm system such as flashing lights or horn honking, until the vehicle is turned off.

Many states now require these devices for DUI offenders. Studies suggest that the devices are highly effective in reducing recidivism, particularly among offenders with multiple DUIs, and in keeping potential drunk drivers off the road.

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

c. Ordinance 2008-15(V)
An Ordinance Appropriating To The Manager The Sum Of $17,481 As Partial Funding For The Purchase Of A Hi-Lift Air Bag Extrication Unit, Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate a $17,481 grant from the State of Alaska, Department of Military and Veterans Affairs, Division of Homeland Security and Emergency Management. The funds would be used towards the purchase of a hi-lift air bag extrication unit for Capital City Fire and Rescue. These bags are used to lift vehicles or other heavy objects to free trapped victims.

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

d. Ordinance 2008-15(W)
An Ordinance Appropriating To The Manager The Sum Of $7,000 As Partial Funding For The Juneau Teen Health Center, Grant Funding Provided By The State Of Alaska, Department Of Health And Social Services
.

Economic Impact Note

This ordinance would appropriate $7,000 as a grant from the State of Alaska Department of Health and Social Services for contractual services of an advanced nurse practitioner to provide clinical family planning services at the two Juneau high schools.

These services will be provided as an extension of the Teen Health Center working within our two Juneau high schools. These services are from the period of July 14, 2008 through June 30, 2009. This grant has two optional one-year renewal periods to be exercised at the State’s sole discretion.

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

e. Ordinance 2008-15(Y)
An Ordinance Appropriating To The Manager The Sum Of $5,781 As Partial Reimbursement Of Travel Costs For Staff And Historic Resource Advisory Committee Volunteer Attendance At The National Alliance Of Preservation Commission Annual Conference, Grant Funding Provided By The State Of Alaska, Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate a $5,781 grant from the State of Alaska, Department of Natural Resources to partially reimburse the travel costs for staff and a Historic Resource Advisory Committee (HRAC) volunteer’s attendance at the National Alliance of Preservation Commission annual conference.

This grant required a match of $3,854.14 that was provided through in-kind services and Museum staff personnel costs.

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

2. Resolutions

a. Resolution 2456
A Resolution Authorizing The Manager To Apply For, And Enter Into, Loan Agreements With The Alaska Department Of Environmental Conservation, Alaska Clean Water Fund/State Revolving Fund, For Two Wastewater Utility Projects.

This resolution would authorize the City Manager to enter into loan agreements with the Alaska Department of Environmental Conservation, Clean Water Fund, to provide partial funding for the following projects:

 West Mendenhall Valley Sewer Extension Project, Phase 2, for $1,196,755.
 Twin Lakes/Mountainside Pump Station Improvements Project for $462,000.

The terms of the low-interest loans under the Alaskan Revolving Loan Fund program are typically 20 years at 1.5% interest. The sewer extension project loans will be paid with Local Improvement District (LID) revenues collected from the benefited property owners, and the Twin Lakes/Mountainside Pump Station Improvements Project will be paid with Wastewater Utility customer revenues.

The Public Works and Facilities Committee recommended adoption of this resolution at its September 22, 2008 meeting.

I recommend this resolution be adopted.

3. Transfer

a. T-886, Transferring $175, 117 From The Capital Transit Facility Capital Improvement Project (CIP) To The Downtown Transportation Center CIP.

Impact of Budget Action

This request would authorize the transfer of $175,117 from the Capital Transit Facility CIP to the Downtown Transportation Center CIP, funding provided as follows:

(1) Federal Transit Administration Grant Funding $42,916
(2) Marine Passenger Fees $132,201

The Capital Transit Facility CIP was established in about 2000 to study the Downtown Transit Center. The CIP was used for the temporary transit facility that currently exists in the Juneau Motors Parking lot. There has been no significant activity in the fund for several years. There is approximately $175,000 remaining in the CIP and this transfer will result in the closeout of that project.

The Public Works and Facilities Committee recommended this transfer at its October 13, 2008 meeting.

I recommend this transfer be approved.

4. Bid Award

a. E08-249 – Downtown Parking Garage and Transit Center Site work.

Bids were opened on October 10, 2008. The bid protest period expired at 4:30 p.m. on October 13, 2008.

This project consists of the construction of the first phase site preparation for the Downtown Transportation Center located near the intersection of Egan Drive and Main Street in Downtown Juneau. The work consists of demolition and protection of existing structures, clearing, excavation of all soil overburden and underlying rock. Other work includes installation of temporary drainage facilities, site fencing, and miscellaneous related work.

Funding Source: This Project is currently funded by the FY04 Area Wide Street Sales Tax, FY06 1% Prop 2 Sales Tax, FY07 1% Prop 2 Sales Tax, FY08 1% Prop 2 Sales Tax, and U.S. Department of Transportation, Federal Transit Administration Grant No. AK-03-0030-00.

Total Project Funds: $9,430,000
CIP No. 396-55-5-01-40-690
Construction Encumbrance: $1,500,297.50
Construction Contingency: $200,000
Consultant Design: Approximately $400,000, which includes initial site selection, planning and sitework design.
Consultant Contract Administration/Inspection: $130,000
CBJ Administrative costs: $188,000

I recommend award of this project to Southeast Earthmovers, Inc., in the total amount bid for an award of $1,500,297.50.

VIII. PUBLIC HEARING

A. Ordinance 2008-25
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of Alaska Tidelands Survey No. 1324, Commonly Known As Fisherman’s Bend, For The Purpose Of Waterfront Commercial Activities.

Letter        Exhibit A       Lands Minutes       D&H Finance Board Memo

In 1987, the State of Alaska entered into a lease with Sharon and Troy Andrew d/b/a Andrew Enterprises for a 20-year lease of ATS 1324, a 7.15-acre tideland parcel located in Auke Bay known as Fisherman’s Bend. In 2001, the State conveyed ATS 1324 to the City and Borough of Juneau (CBJ), and transferred the administration of the lease to the CBJ. That lease expired on January 2, 2007.

Since January 2007, the Docks and Harbors Board has been working with the Andrews to establish a new lease with CBJ. Both the Andrews and the Docks and Harbors Board had appraisals conducted.

At its July 31, 2008 meeting, the Docks and Harbors Board recommended approval of the lease of ATS 1324 to Andrew’s Marina, Inc., (the successor to Andrew Enterprises). The term of the lease would be 35 years, with the annual lease rent set at $35,800. The annual rent will be reviewed and adjusted once every five years of the lease term.

The Assembly Lands Committee recommended approval of this ordinance at its meeting on August 18, 2008.

As this is a policy decision, I have no recommendation.

B. Ordinance 2008-30
An Ordinance Adopting The 2008 Update To The Comprehensive Plan Of The City And Borough Of Juneau
.

Kiefer Memo        Attachment

The Draft 2008 Comprehensive Plan of the City and Borough of Juneau is the result of more than two years of community outreach, fieldwork and public meetings. Extensive community outreach and involvement at the early stages of the planning process, the Housing Situation Report, and the buildable sites analysis, combine to form a solid foundation of public opinion and existing conditions upon which the draft plan was built.

There are four categories of changes to the draft 2008 plan from the adopted 1995 plan:

1. Organizing. These changes include removing 1995 Implementing Actions that have been implemented, or modifying them to fit into the plan as Development Guidelines or Standard Operating Procedures, where appropriate.

2. Updating. Transitional areas on the Land Use Maps that have either had sewer services extended to them or that will have sewer services extended to them in the near future are now shown at the higher/denser land use designation. The Urban Service Area Boundary (USAB) has been revised to reflect current conditions in three locations: Auke Bay; Lemon Creek; and North Douglas.

Components of the Plan have also been updated including: changes to stream setbacks on CBJ-owned properties; the Loop Road through Lemon Creek has been modified to be two separate access roads; the Community Preferred Alternative for the North Douglas Crossing is shown on the maps; the Housing section has been updated; there is a new chapter on Sustainability; and the Energy chapter has been updated.

3. Correcting. Errors in the 1995 Plan have been corrected wherever they were found.

4. New Directions. The Draft Comprehensive Plan calls for increasing transit service in the CBJ, especially within the USAB, in order to facilitate the development of a denser, more walkable, transit-oriented community. The Plan calls for adopting overlay districts that promote the development of affordable housing on transit routes.

Although there are numerous changes to the draft plan as compared to the 1995 Comprehensive Plan, there are four major themes to the changes: Sustainability (Chapter 2), Energy (Chapter 6), Housing (Chapter 4), and Transit Oriented Development (Chapters 8 and 10).

The Planning Commission held a public hearing on the Draft Plan on August 12, 2008 and recommended Assembly approval. The Assembly Committee of the Whole reviewed the Plan on September 2, September 11, September 24, and October 13, 2008 and recommended Assembly approval.

I recommend this ordinance be adopted.

C. Ordinance 2008-32
An Ordinance Amending The Real And Personal Property Tax Code To Increase TheBusiness Personal Property Tax Exemption For Property Not Otherwise Exempt.

Chamber Memo

This ordinance would increase the Business Personal Property (BPP) Tax standard exemption from the current $60,000 to $80,000 effective January 1, 2009 and to $100,000 effective January 1, 2010. Increasing the exemption by $40,000 over the next two years would result in a reduction of assessed BPP values of approximately $10.7 million or $111,500 in property taxes (based on the 2008 mill levy).

The Assembly Finance Committee recommended approval of this ordinance at its September 10, 2008 meeting.

I recommend this ordinance be adopted.

D. Ordinance 2008-15(R)
An Ordinance Appropriating To The Manager The Sum Of $1,076,443 As Funding For The Downtown Transportation Center Capital Improvement Project, Grant Funding Provided By The Federal Transit Administration.

Economic Impact Note

This ordinance would appropriate a grant of $1,076,043 from the Federal Transit Authority (FTA). This grant will partially fund the Downtown Transportation Center Capital Improvement Project (CIP).

The Capital Transit Facility CIP was established in about 2000 to study the Downtown Transportation Center. The CIP was used for the temporary transit facility that currently exists in the Juneau Motors Parking lot. In 2001, FTA made a first grant available for the Downtown Transportation Center. The project has completed the environmental review process and this grant is now available for appropriation.

The Public Works and Facilities Committee recommended approval of this ordinance at its meeting on September 22, 2008.

I recommend this ordinance be adopted.

E. Ordinance 2008-15(T)
An Ordinance Appropriating To The Manager The Sum Of $125,000 As Partial Funding For The Fish Creek Park Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate a grant of $125,000 from Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation, via the Land and Water Conservation Fund. This grant will partially fund the Fish Creek Park Capital Improvement Project.

The grant provides for the installation of a pedestrian bridge across Fish Creek for ADA access and trail enhancement. The bridge installation utilizes the parking lot and enables safe access for users to avoid having to park along Douglas Highway.

This grant requires a 50% match. The matching funds will be provided by 1998 Proposition 3 1% Temporary Sales Tax and in-kind services.

I recommend this ordinance be adopted.

F. Ordinance 2008-15(U)
An Ordinance Appropriating To The Manager The Sum Of $55,000 As Partial Funding For An Avalanche Planning Response And Forecasting Program, Funding Provided By The Roaded Service Area Fund Balance.

This ordinance would appropriate $55,000 from the Roaded Service Area Fund Balance for the purpose of funding an avalanche planning response and forecasting program. The total program costs for FY09 are projected at $110,000. Additional funding will be provided by a State Emergency Management Planning Grant, and Federal Secure Rural Schools and Community Self-Determination Act of 2000 Title III funds.

The Assembly Finance Committee reviewed the proposed program and funding at its September 10, 2008 meeting and recommended that the Assembly authorize a new position of Avalanche Forecaster, and make available $55,000 in general funds for the position along with an avalanche monitoring and response program.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

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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