ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, November 03, 2008, 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2008-33

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition

IV. APPROVAL OF MINUTES

A. October 20, 2008 – Regular Meeting 2008-31
B. October 27, 2008 – Special Meeting 2008-32

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 2008-36
An Ordinance Amending The Public Finance Code To Adopt The State's Revised Name For The Community Revenue Sharing Program.

This ordinance will modify the language of CBJ 57.05.022(b)(4), Disposition of State Subventions. This section currently refers to the State’s Safe Communities program, which no longer exists and has been replaced by the Community Revenue Sharing program. This revision would simply change the reference from Safe Communities to Community Revenue Sharing.

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

b. Ordinance 2008-15(AB)
An Ordinance Appropriating To The Manager The Sum Of $43,900 As Funding For Implementation Of The Juneau Coastal Management Program FY09 Required Tasks, Grant Funding Provided By The State Of Alaska Department Of Commerce, Community And Economic Development.

Economic Impact Note

This ordinance would appropriate a $43,900 grant from the State of Alaska, Department of Commerce, Community and Economic Development. This grant is for implementation of the Juneau Coastal Management Program FY09 Required Tasks, in cooperation with the Alaska Coastal Management Program. This grant requires a local match of 50% equaling $21,950, which will be met with the current operating budget of the Community Development Department.

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

c. Ordinance 2008-15(AC)
An Ordinance Appropriating To The Manager The Sum Of $147,000 As Funding For The Juneau School District Safety Upgrades Capital Improvement Project, Grant Funding Provided By The FY 08 Designated Legislative Grants (Municipality).

Economic Impact Note

This ordinance would appropriate a $147,000 grant from the Alaska Department of Commerce, Community, and Economic Development for the new Juneau School District Safety Upgrades Capital Improvement Project.

The Juneau School District Emergency Preparedness Plan includes teacher action in the event of a school-based emergency to lock doors and keep students in place and for those in offices to secure doors from entry. Currently teachers have to step outside their classrooms or offices and use a key to secure the classroom entry door, placing them in harms way in the event of an incident on campus. This grant would fund the purchase and installation of new door locks that can be locked from the inside of the classroom or office to alleviate that condition.

The School Board Facilities Committee approved this request at its October 21, 2008 meeting.

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

d. Ordinance 2008-15(AE)
An Ordinance Appropriating To The Manager The Sum Of $1,763,158 As Partial Funding For The Airport Terminal Expansion Project, Funding Provided By The Passenger Facility Charge
.

Economic Impact Note

This ordinance would appropriate $1,763,158 to the Passenger Terminal Expansion Capital Improvement Project, funding provided by the Passenger Facility Charges (PFC).

This appropriation is necessary because Federal Aviation Association Airport Improvement Funding for the terminal was redirected to the Runway Safety Area project. This amount represents a 25% increase to the existing approved PFC funding.

The Airport Board (October 8, 2008) and the Public Works and Facilities Committee (October 13, 2008) recommended this action.

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

e. Ordinance 2008-15(AF)
An Ordinance Appropriating To The Manager The Sum Of $276,476 As Partial Funding For The Juneau International Airport Runway Safety Area Construction Capital Improvement Project, Grant Funding Provided By The State Of Alaska Department Of Transportation And Public Facilities
.

Economic Impact Note

This ordinance would appropriate a $276,476 grant for the Construct Runway Safety Area, Construct Aircraft Apron (NE and NW Quad Areas), Phase 2 Capital Improvement Project (CIP 345-74). This grant is provided by the State of Alaska Department of Transportation and Public Facilities.

This grant is half of the required 5% match for a Federal Aviation Administration grant. The remaining matching funds have been appropriated.

The Airport Board approved this appropriation at its March 12, 2008 meeting.

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

f. Ordinance 2008-15(AG)
An Ordinance Appropriating to the Manager the Sum of $2,000,000 as Partial Funding for the Thunder Mountain High School Capital Improvement Project, Funding Provided by 2006 General Obligation Bond Interest Income.

Economic Impact Note

This ordinance would appropriate $2,000,000 to the Thunder Mountain High School Capital Improvement Program (CIP), funding provided by unbudgeted 2006 General Obligation (GO) School Bond interest income.

As of September 2, 2008, the Thunder Mountain High School CIP fund had accrued $2,568,995 in unbudgeted GO bond interest income, of which staff recommends appropriating $2,000,000. Of these funds, $1,500,000 was previously approved by the Project Team as part of the facility’s funding package. The additional $500,000 should be sufficient to fund the completion of the auditorium (alternates 4 and 5).

The High School Project Team approved this appropriation at its October 8, 2008 meeting.

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

2. Transfer

a. T-887, Transferring $158,240 From The Casey Shattuck Subdivision Phase I Capital Improvement Project (CIP) To Linda Avenue And Sidewalk CIP ($9,100) And The Casey Shattuck Subdivision Phase III And IV CIP ($149,140).

Impact of Budget Action

This request would authorize the transfer of $158,240 from the Casey Shattuck Subdivision Phase I CIP to the CIP’s listed below, funding provided by Areawide Street Sales Tax funds:

(1) Linda Avenue and Sidewalk CIP $9,100
(2) Casey Shattuck Phase III and IV CIP $149,140

This transfer will close out two projects, Casey Shattuck Subdivision Phase I and Linda Avenue CIPs. Linda Avenue needs approximately $9,100 so that it can be closed and the remaining $149,000 in Casey Shattuck Phase I will be transferred to the on-going Phase III and IV CIP, enabling staff to close Phase I.

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

I recommend this transfer be approved.

VIII. PUBLIC HEARING

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 reduced parking requirement.

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 adopted.

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.

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 will not 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.

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.

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.

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 adopted.

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 for 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 adopted.

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 adopted.

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 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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