ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday December 14, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-26

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Juneau Police Department Accreditation
B. David Lewis - Retiree

IV. APPROVAL OF MINUTES

A. November 23, 2009 – Regular Assembly Meeting 2009-23
B. December 1, 2009 – Special Assembly Meeting 2009-24
C. December 7, 2009 – Special Assembly Meeting 2009-25

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 2009-08(W)
An Ordinance Appropriating To The Manager The Sum Of $409,918 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 $409,918 grant for the “Construct Runway Safety Area, Construct Aircraft Apron (NE and NW Quad Areas), Phase III” project. The funds are provided by the State of Alaska Department of Transportation.

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

The Airport Board approved this action at its June 10, 2009 meeting.

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

 

b. Ordinance 2009-08(X)
An Ordinance Appropriating To The Manager The Sum Of $150,000 As Additional Funding For An Environmental Assessment Of Statter Harbor Loading Facility Capital Improvement Project, Funding Provided By The State Of Alaska Department Of Fish And Game.

Economic Impact Note

This ordinance would appropriate a $150,000 grant from the Alaska Department of Fish and Game into the Statter Harbor Loading Facility CIP. The grant would allow CBJ to undertake planning and environmental work for the new launch ramp at Statter Harbor. Work will include habitat studies of inner Auke Bay and the development of tidelands fill minimization alternatives.

The original grant for the project was $250,000. This action will increase the grant to $400,000. The grant is being amended so that CBJ can do additional work to complete an environmental assessment on the project in accordance with the National Environmental Policy Act as recommended by the U.S Fish and Wildlife Service and the Alaska Department of Fish and Game. Funding for the grant is being provided by the Federal Aid in Sportfish Restoration Act and the State of Alaska.

The grant amendment was approved by the Docks and Harbors Board at its November 5, 2009 meeting.

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

2. Resolutions

a. Resolution 2470
A Resolution Authorizing The Airport Manager To Enter Into A Grant Agreement Between The City And Borough And The State Of Alaska, Department Of Transportation And Public Facilities, Regarding The Runway Safety Area.

This resolution would authorize the Airport Manager to enter into agreements with the State of Alaska Department of Transportation and Public Facilities (DOTPF) for the purpose of receiving matching grant funds for the Runway Safety Area project (RSA).

Airport capital projects are typically funded from Federal Aviation Administration (FAA) grants, with required matching funds from DOTPF and Passenger Facility Charges (PFC). Three DOTPF matching grants have been awarded for the RSA project.

The Airport Board approved this action at its August 8, 2007, March 12, 2008, and June 10, 2009 meetings.

I recommend this resolution be adopted.

b. Resolution 2512
A Resolution Certifying That In 2008 The City And Borough Suffered Significant Effects From Fisheries Business Activities, Such Certification Being For The Purpose Of Participating In The Fiscal Year 2010 Alaska Shared Fisheries Business Tax Program.

This resolution would authorize the acceptance of CBJ’s share of the FY 2010 State Shared Fisheries Business Tax. This distribution represents CBJ’s share of State fishery revenues generated in the Northern Southeast Fisheries Management Area (NSFMA), but outside of the organized communities. The funds are allocated to each community in the NSFMA (Angoon, Gustavus, Haines Borough, Hoonah, Skagway, Tenakee Springs, and Juneau).

It is anticipated that CBJ will receive approximately $13,800 in FY 2010.

I recommend this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2009-25
An Ordinance Amending The Official Zoning Map Of The City And Borough Land Use Code To Change The Zoning Of Lot 4, Seven Mile, Glacier Highway, Currently Zoned D-5, To D-18.

Exhibit A                              PC Minutes Excerpt    

The applicant is requesting a zone change from D-5 to Light Commercial without any specific development plans for the immediate future. The site is currently zoned D-5. Immediately to the East is the new CBJ public works facility, which is zoned Light Commercial.

The requested rezone to Light Commercial is not consistent with the Comprehensive Plan. Accordingly, the Planning Commission recommends rezoning to D-18 because this is the maximum density zoning that conforms to the recommendations of the 2008 Comprehensive Plan.

The site is located in Subarea 5 of the 2008 Comprehensive Plan (Map G). The plan shows this lot as Medium Density Residential (MDR). Page 164 of the 2008 Comprehensive Plan describes MDR as follows:

These lands are characterized by urban residential lands for multi-family dwelling units at densities ranging from 5 to 20 units per acre. Any commercial development should be of a scale consistent with a residential neighborhood.

On page 205 of the 2008 Comprehensive Plan, Subarea 5 is discussed in detail. There is a long list of guidelines and considerations for this subarea. Item 2 states, in part, “provide for additional medium- to high-density residential development in areas with access to arterial roadways from collector streets.”

The Planning Commission reviewed and approved a rezone of the subject parcel from D-5 to D-18 at its meeting of October 13, 2009, with the following condition:

1. Future development of the site will have no more than one access point to the Glacier Highway.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Docks and Harbors – Regulation Amendment To Title 05, Chapter 20, Small Boat Harbor Fees and Regulations

The Docks and Harbors Board is proposing to amend the small boat harbor fees and charges regulations as they relate to the Auke Bay Loading Facility as follows:

1. To amend the freight staging fee so that it applies to each 1,000 square feet of staging area used. The current fee allows for an unlimited amount of staging area.

2. To add a fee of 5 cents per gallon for fuel sold at the drive-down float. This is equivalent to the fee charged at DeHart’s Marina Fuel Float.

The Docks and Harbors Board conducted two public hearings on the proposed regulation changes and, at its December 3, 2009 meeting, recommended forwarding the amended regulations to the Assembly for adoption.

The regulation 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 choose 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.

B. Docks and Harbors – Regulation Amendment To Title 05, Chapter 45, Small Boat And Port Facilities Use Regulations

The Docks and Harbors Board is proposing to amend the small boat harbor and port facilities use regulations as they apply to the Auke Bay Loading Facility as follows:

1. To require that persons using the drive-down float for the loading or unloading of freight, materials, or products for resale, obtain approval from the Harbormaster.

2. To exempt persons from paying additional moorage charges for use of the drive-down float, provided they use the facility for less than 4 hours and have paid moorage for use of another CBJ harbor facility for the same calendar day.

3. To require persons delivering or selling fuel at the drive-down float to register with the Harbormaster and pay fees for the sale of fuel.

The Docks and Harbors Board conducted two public hearings on the proposed regulation changes and, at its December 3, 2009 meeting, recommended forwarding the amended regulations to the Assembly for adoption.

The regulation 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 choose 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.

C. Liquor Licenses:


1. New Wholesale-General License #4943 Specialty Imports Inc.


2. Transfer of Ownership/Name Change & Restaurant Designation Permit
Restaurant/Eating Place License #4731
Transfer FROM: Yoon Corp. d/b/a Tokyo Japanese Steakhouse
Transfer TO: DJ LLC d/b/a Asiana Gardens


2010-2011 License Renewals:
1. License #1166 License #1166 Triangle Club Inc. d/b/a Triangle Club
2. License #2541 MGO Inc. d/b/a Juneau Airport Travel Lodge
3. License #3824 Hospitality Group LLC d/b/a Frontier Suites Hotel
4. License #848 Olivia Castaneda d/b/a Olivia’s De Mexico
5. License #2976 No Creek Jack Inc. d/b/a Duck Creek Market

The above-listed new liquor license, transferred license, and renewals are before the Assembly to either protest or waive its right to protest these actions. The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses for compliance with CBJ Code. Enclosed in your Human Resources Committee packets are copies of the notice received from the Alcohol Beverage Control (ABC) staff and CBJ Code Section 20.25.025 regarding procedures for liquor license review and protest by the Assembly.

The Human Resources Committee met earlier this evening, Monday, December 14, 2009, and will report on its action. In the event the Assembly does protest one or more of above mentioned liquor licenses, CBJ 20.25.025(c) provides for an informal hearing before the Assembly.

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

XI. STAFF REPORTS

A. City Attorney – Law Department Update

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 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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