ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, July 19, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-19

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. June 28, 2010 – Regular Assembly Meeting 2010-18

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 2010-23
An Ordinance Amending The Commercial Passenger Vehicle Code And The Second-Hand Smoke Control Code Regarding Smoking In Commercial Passenger Vehicles, And Providing For A Penalty.

This ordinance would increase the fine for smoking in commercial passenger vehicles. It is presently illegal to smoke in taxis and other commercial passenger vehicles; however, according to JPD, this fine is not effectively deterring such actions. The ordinance would increase the fine from $50 to $100 for the first offense, and then further increase it for second and third offenses. In order to leave the general fine for smoking where prohibited as it is presently, the new penalty would be moved to the CPV code and deleted from the more general second-hand smoke control code.

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

b. Ordinance 2010-11(H)
An Ordinance Appropriating To The Manager The Sum Of $505,000 As Funding For The Four Wastewater Capital Improvement Projects Identified In The FY11 Capital Improvement Program, Funding Provided By The Wastewater Fund Balance.

Economic Impact Note

This ordinance would appropriate $505,000 from Wastewater’s fund balance for four Capital Improvement Projects (CIP). These projects were identified in the adopted FY11 CIP resolution.

The four projects identified for funding are:

o Energy Efficiency and Security Improvements - $175,000
o Collection System Facility Plan and I&I Assessment - $130,000
o Wastewater SCADA Improvements - $100,000
o Lawson Creek Lift Station Design - $100,000

The four projects were included in the FY11 CIP program budget approved by the Public Works and Facilities Committee, the Assembly Finance Committee, and adopted by the Assembly on May 19, 2010.

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

c. Ordinance 2010-11(I)
An Ordinance Appropriating To The Manager The Sum Of $11,279 As Partial Funding For The Local Emergency Planning Committee, Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate an $11,279 grant from the Alaska Department of Military and Veterans Affairs to support the goals and activities of the Local Emergency Planning Committee.

Activities funded by this grant include:

• LEPC Support Services (Admin Labor)
• LEPC Web Site Development
• LEPC Equipment
• Outreach Projects and Media Campaigns
• Emergency Preparedness Brochures/Handouts/Flyers
• Local Training Events
• Emergency Operations Plans Updates

There is no match requirement for this grant.

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

d. Ordinance 2010-11(J)
An Ordinance Appropriating To The Manager The Sum Of $5,000 As Partial Funding For The Treadwell Historic Plan And Construction Capital Improvement Project, Grant Funding Provided By The National Trust For Historic Preservation.

Economic Impact Note

This funding would be used to hire a structural engineering consultant to evaluate the structural integrity of the office building at the Treadwell Mine Complex. The information gathered through this project will help to direct future development activities both for the Treadwell Office Building and the Treadwell Mine Complex.

The work performed under this project will be a sole effort of a contracted structural engineering consultant; with project oversight provided by the CBJ Historic Resources Advisory Committee (HRAC), the Treadwell Historic Preservation and Restoration Society, and the Project Manager. The total project costs are estimated to be $10,000. For this appropriation, partial funding is being provided through National Trust Preservation Funds by the National Trust for Historic Preservation. In accordance with National Trust Preservation Funds requirements, CBJ must provide a one-to-one match, which will be fulfilled through allocation of Treadwell Planning and Construction Capital Improvement Project funds.

The HRAC recommended this action at its January 6, 2010 meeting. The Public Works and Facilities Committee recommended this action at its July 19, 2010 meeting.

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

e. Ordinance 2010-11(K)
An Ordinance Appropriating To The Manager The Sum Of $9,000,000 As Funding For The Cruise Ship Berth Enhancements Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Commerce, Community And Economic Development.

Economic Impact Note

This ordinance would appropriate a $9 million grant from the State of Alaska to the City and Borough for cruise ship dock improvements in downtown Juneau. Funding for the grant is being provided by the Alaska Commercial Vessel Passenger Tax Account. The granting agency is the State of Alaska Department of Commerce and Economic Development.

The grant results from a request made of the Alaska Legislature by the Assembly on November 23, 2009 in Resolution 2510. This followed a request from Docks and Harbors Board to the Assembly at a meeting of the Committee of the Whole on October 26, 2009.

The grant funding would be appropriated to the Downtown Cruiseship Berth Enhancement CIP and used as partial funding to replace the city’s two aging cruise ship docks.

The Public Works and Facilities Committee is scheduled to review this item at its July 19, 2010 meeting.

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

f. Ordinance 2010-11(L)
An Ordinance Appropriating To The Manager The Sum Of $25,213 As Funding For The Treadwell Historic Plan And Construction Capital Improvement Project Phase III, Grant Funding Provided By The State Of Alaska, Office Of History And Archaeology.

Economic Impact Note

The proposed project is to plan, develop, and install historical interpretive signs to be located on CBJ-owned property of the Treadwell Mine Complex and Jualpa Mine Camp in Last Chance Basin. The product of the project will be a series of interpretive signs similar to those in the downtown historic district and in Marine Park. The signs would assist locals and visitors in understanding the history of the gold mines that were Juneau’s economic engine for over 30 years.

The work of the project would be performed through the combined efforts of a graphic designer, writer/editor, sign manufacturer, and installation contractor. In addition, volunteers of the Treadwell Historic Preservation and Restoration Society and the Gastineau Channel Historical Society will assist with planning, developing, and installing the signage. The Historic Resources Advisory Committee (HRAC) would review the draft and final products. The total project costs are estimated to be $42,021, 60% of which will be funded by a federal Historic Preservation Fund grant administered by the Alaska Office of History and Archaeology. The remaining 40% of the project budget will be funded by cash and in-kind services of volunteers of the Treadwell Historic Preservation and Restoration Society and Gastineau Channel Historical Society.

The HRAC recommended this action at its February 3, 2010 meeting. The Public Works and Facilities Committee is scheduled to review this action at its July 19, 2010 meeting.

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

g. Ordinance 2010-11(M)
An Ordinance Appropriating To The Manager The Sum Of $50,000 As Funding For An Arctic Winter Games Bid, Planning And Submission, Grant Funding Provided By Alaska Department Of Commerce, Community And Economic Development.

Economic Impact Note

This ordinance would appropriate $50,000 in grant funding for the purpose of preparing a bid document in support of Juneau’s interest in hosting the 2014 Arctic Winter Games. The CBJ would contract with the Eaglecrest Foundation to identify resource needs, resource availability, and the estimated costs of hosting the games. The Foundation will also prepare a hosting document for submission to the Arctic Winter Games International Committee. This information will be submitted to the Assembly for its review and final action. The legislative grant funding is provided by the State of Alaska.

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

2. Resolutions

a. Resolution 2538
A Resolution De-Appropriating $29,530 From The Transit Buses Replacement Capital Improvement Project.

Economic Impact Note

This resolution would de-appropriate $29,530 in Alaska Department of Transportation and Public Facilities Grant Funding, from the “Transit Buses Replacement” Capital Improvement Project.

The Transit Buses Replacement project was completed under budget, and requires a budget de-appropriation in order to close the project account.

This resolution is in conjunction with the Appropriating Ordinance 2010-11(F) of $12,046 in FY03 Fleet funds used to meet the match requirements of the grant.

The Public Works and Facilities Committee recommended this action at its June 21, 2010 meeting.

I recommend this resolution be adopted.

b. Resolution 2539
A Resolution Authorizing The Manager To Apply For And Receive A Recovery Act, Edward Byrne Memorial Justice Assistance Grant, From The U.S. Department Of Justice, For Purchasing Police Equipment To Assist In Traffic Enforcement And Counterterrorism Activities
.

Juneau has been allocated $30,886 as part of the U.S. Department of Justice JAG/Edward Byrne Formula Grants for Law Enforcement. These funds are provided through the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance, to enhance law enforcement programs, among other possible uses. As part of the application process, the Assembly must adopt a resolution to authorize the grant application.

The Juneau Police Department proposes to purchase equipment that will aid police officers with traffic enforcement and counterterrorism efforts. There are no matching requirements for this grant.

I recommend this resolution be adopted.

c. Resolution 2540
A Resolution Transferring Administration Of Lot 5, U.S. Survey 2664 To The Docks And Harbors Board To Facilitate Development Of A New Boat Launch Ramp At Statter Harbor.

The Docks and Harbors Department proposes improvements to Statter Harbor with the development of a new launch ramp and associated facilities. As part of the improvements, Lot 5 USS 2664 would be incorporated into the project. The lot is owned by CBJ and managed by the Parks and Recreation Department. The Docks and Harbors Department seeks to acquire management of Lot 5 for the Statter Harbor improvements.

The Parks and Recreation Advisory Committee and the Assembly Lands Committee recommended the transfer of Lot 5 at its May 4, 2010 and June 14, 2010 meetings, respectively.

I recommend this resolution be adopted.

3. Transfers

a. T-920, Transferring $150,000 From The Clarifier And Building Rehabilitation Capital Improvement Project (CIP) And The Aeration Basin Repair Phase I CIP To The Outer Drive And West Juneau Lift Station CIP.

Impact of Budget Action

This action would transfer $150,000 in additional funds to the Outer Drive and W. Juneau Lift Station Repairs CIP. Since both lift stations are of the same configuration, completing the work under the same contract, as opposed to separate contracts, will save money.

From: CIP U484-85 JDTP Clarifier and Building Rehabilitation $50,000
            CIP U484-97 JDTP Aeration Basin Repair Phase I $100,000


To:      CIP U484-94 Outer Drive and W. Juneau Lift Station $150,000

The Public Works and Facilities Committee approved this action at its June 21, 2010 meeting.

I recommend this transfer be approved.

4. Bid Award

a. E10-273 – Consolidated Public Works Facility Streets Wing Addition.

Bids were opened on the subject project on July 1, 2010. The bid protest period expired at 4:30 p.m. on July 2, 2010.

Project Managers: Theresa Mores, Rich Ritter

Project Description: This project consists of the addition of a Public Works Streets Wing to the recently completed structure. Some internal modifications to the structure are required for a complete facility. Work includes a new pre-manufactured metal building with mezzanine, associated utility connections, and site work. Additive Alternate No. 1 includes all work associated with furnishing, installing, and start-up of a Vehicle Lift.

I recommend award of the Base Bid and Additive Alternate No. 1 to McGraw Custom Construction, Inc., for a total award of $1,928,000.

VIII. PUBLIC HEARING

A. Ordinance 2010-20
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of U.S. Marine Survey 2225, Tract 2, Located On North Douglas Highway, Currently Zoned D-1(T) D3, To Waterfront Commercial.

Exhibit A

The applicant is requesting a zone change from D-1(T) D-3 to Waterfront Commercial (WC) for land located on the water side of North Douglas Highway at about Mile 2, just past Mike Hatch Jeep.

The Comprehensive Plan shows this lot as Medium Density Residential (MDR). The 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.

The WC District (49.25.250(a)) is intended to provide both land and water space for uses which are directly related to, or dependent upon, a marine environment and residential uses at up to 18 units per acre, as well as hotels, restaurants, professional offices, and a variety of other water-dependent/water-related non-residential uses.

The Planning Commission recommended the Assembly approve rezoning of the subject parcel from D-1(T) D-3 to WC at its April 27 meeting, with the following condition:

1. Driveway permits must be reviewed by the Alaska Department of Transportation when development proposals are submitted.

The Planning Commission found the zone change consistent with the Comprehensive Plan because land located across the highway is designated as General Commercial, and Comprehensive Plan designations are intended to be somewhat flexible.

I recommend this ordinance be adopted.

B. Ordinance 2010-21
An Ordinance Amending The Traffic Code Relating To Parking, Adopting The 2010 Downtown Parking Management Plan, Providing For The Establishment Of Residential Parking Zones, And Providing For A Penalty.

This ordinance would amend the CBJ’s parking management system by authorizing the use of multi-space parking meters to manage on-street parking; give the Manager authority to amend parking fees and time limits to meet adopted parking management goals; enable the creation of Residential Parking Zones by regulation; and encourage further modifications to parking management based on parking use data collected over time.

This ordinance would adopt the 2010 Downtown Parking Management Plan as part of the CBJ Comprehensive Plan and is intended to implement its recommendations.

I recommend this ordinance be adopted.

C. Ordinance 2010-22
An Ordinance Amending The Land Use Code, Table Of Permissible Uses, And Making Related Amendments To Other Sections Of The Land Use Code.

Table of Permissible Uses-Exhibit A

This ordinance would amend the Land Use Code, Table of Permissible Uses (TPU). The TPU sets the permitting requirements for land uses in each zoning district, as well as prescribing which uses are prohibited in each zoning district. This ordinance would revise the TPU to eliminate the Allowable Use Permit in all cases except where it is specified for mines in the Rural Mining District. The threshold between minor and major development would be amended to allow increased levels of development as minor development in most cases. Provisions of the TPU that appeared to conflict with Federal laws, e.g. the Religious Land Use, Institutionalized Persons Act of 2000, would be amended to eliminate potential conflicts. The ordinance would also amend other sections of the Land Use Code to conform to the TPU amendments.
The Planning Commission Title 49 Committee worked on these revisions during most of 2009, and the full Planning Commission held public hearings on February 23 and March 9, 2010. A report on the changes was made to the Assembly and Planning Commission at a Special Assembly meeting held April 12, 2010.

I recommend this ordinance be adopted.

D. Ordinance 2010-11(A)
An Ordinance Appropriating To The Manager The Sum Of $72,500 As Funding For The Purchase Of Lot 10, Block L, Pinewood Park 2 Subdivision; Funding Provided By The Lands Fund Balance.

This ordinance would appropriate $72,500 for the purchase of Lot 10, Block L, Pinewood Park 2 Subdivision. Funding is provided by the Lands Fund Balance.

CBJ is partnering with the Juneau School District, Juneau Housing Trust, and the Southeast Alaska Guidance Association (SAGA) to build two “bungalow style” homes on the property. This project would provide two affordable homes in Juneau and provide two years continuation of the Juneau Douglas High School home building program.

CBJ will be compensated for the purchase of the property, and all associated costs, at the time of sale, or earlier. The assessed value of the property is $70,000; the purchase price of the property is $72,500.

The Lands Committee recommended approval of this action at its June 14, 2010 meeting.

I recommend this ordinance be adopted.

E. Ordinance 2010-11(B)
An Ordinance Appropriating To The Manager The Sum Of $104,565 As Funding For The Emergency Management Performance Programs; Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

Economic Impact Note

This ordinance would appropriate a $104,565 grant from the Alaska Department of Military and Veterans Affairs for the Emergency Management Performance Grant.

These funds are slated to support the goals and activities of the 2010 Emergency Management Performance Grant. Activities funded by this grant include:

• Writing Emergency Response Plans
• Emergency Contingency Planning
• Emergency Management Training
• Emergency Exercises
• Hazard Mitigation Assessment and Activities
• Community Preparedness Coordination

The 50% match requirement for this grant will be fulfilled by staff wages.

I recommend this ordinance be adopted.

F. Ordinance 2010-11(D)
An Ordinance Appropriating To The Manager The Sum Of $11,273 As Partial Funding For Phase II Of The City And Borough Historic Preservation Database Project; Grant Funding Provided By The State Of Alaska, Department Of Natural Resources.

Economic Impact Note

Phase II of the City and Borough Historic Preservation Database project would hire an architectural consultant to update the historic neighborhood surveys and upload this information to the Historic Preservation Database; funds are provided by the Certified Local Government grant program administered by the Alaska Office of History and Archaeology.

The work performed under this project will be a combined effort of a contracted architectural consultant, the Historic Resources Advisory Committee (HRAC), and the Project Manager. Total project costs are estimated to be $18,789.20. In accordance with using Historic Preservation Funds, CBJ is required to provide a 40% match, which will be fulfilled through staff wages from the Community Development Department operating budget. Total project costs include a 7% State administrative surcharge.

The HRAC approved this action at its October 7, 2009 meeting.

I recommend this ordinance be adopted.

G. Ordinance 2010-11(E)
An Ordinance Appropriating To The Manager The Sum Of $50,000 As Partial Funding For The Eaglecrest Beginner Chairlift, Funding Provided By The Eaglecrest Foundation.

Economic Impact Note

The Eaglecrest Foundation conducted a fundraising campaign in support of the new beginner chairlift at Eaglecrest, the Porcupine Chairlift. Fifty thousand dollars would be appropriated and used as funds to complete the chairlift project. Any funds not expended when the project is closed out, will be returned to the Eaglecrest Foundation.

I recommend this ordinance be adopted.

H. Ordinance 2010-11(F)
An Appropriation Transferring To The Manager The Sum Of $12,046 As Funding For The Fleet Transit Account; Funding Provided By The Completed Transit Buses Replacement Capital Improvement Project.

Economic Impact Note

The Transit Buses Replacement Capital Improvement Project (CIP) was originally established in FY03 to meet the match requirements stipulated in the grant agreement. The buses have been purchased and this CIP is complete. This ordinance would transfer the remaining FY03 Fleet match funds of $12,046 to the Fleet Transit Account and close the Transit Buses Replacement CIP.

I recommend this ordinance be adopted.

I. Ordinance 2010-11(G)(b)
An Ordinance Appropriating To The Manager The Sum Of $400,000 Residing In The Low Income Housing Fund, Now Named The Juneau Affordable Housing Fund.

Economic Impact Note

Version b makes minor changes to the title to more clearly describe the intent of the appropriation. This ordinance would appropriate $400,000 residing in the Low Income Housing Fund to the renamed Juneau Affordable Housing Fund. If this ordinance is approved, the Affordable Housing Commission will create criteria for funding projects in light of those criteria to promote and provide affordable housing in Juneau. The Affordable Housing Commission would solicit, evaluate, score, and recommend to the Assembly affordable housing projects that meet the criteria.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor License Transfers.

1. Recreational Site-Seasonal Liquor License location transfer:
License #4881: Alaska Travel Adventures, Inc. d/b/a Alaska Travel Adventures
Previous location: Lots 31-33, Block C, Vintage II Subdivision, Juneau
Transfer to: 9999 Glacier Hwy., Juneau

2. License # 2185 Restaurant/Eating Place License ownership transfer and application for a Restaurant Designation Permit: Canton House, LLC d/b/a Canton House
Transfer From Ri Dong “Gino” Kuang
Transfer To: Thuy Thi Thu Kwong

The above-listed liquor licenses are before the Assembly to either protest or waive its right to protest transfer of these licenses and in the case of the Restaurant Designation Permit, it is up to the Assembly to either approve or not the issuance of the permit. The Finance, Police, Fire, and Community Development Departments have reviewed the above business for compliance with CBJ Code. The Human Resources Committee met earlier this evening, Monday, July 19, 2010, and will be forwarding recommendations regarding these license transfers and permit application. Enclosed in your Human Resources Committee packet are the relevant documents pertaining to these actions. In the event the Assembly does protest the issuance/transfer of the above mentioned liquor licenses, CBJ Code 20.25.025(c) provides the licensees an opportunity to exercise their right to an informal hearing before the Assembly.

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

B. Docks and Harbors – Cruise Ship Dock Improvements

Memo

Title 85 requires the Assembly to approve all Docks and Harbors contracts greater than $100,000. This action involves the award of a $250,000 contract to PND, Inc. for preliminary engineering services related to the replacement of the downtown cruise ship docks.

If approved, this contract would allow the Docks and Harbors Board to begin design work for two new floating berths, as depicted in design alternative 16B. This design alternative was selected after several years of study and has been presented to the Assembly and the public in several meetings over the past few years.

The Board believes that this award of a $9 million grant from the State of Alaska, along with favorable changes to the state marine passenger fee law, places CBJ in a financial position to move forward with construction of alternative 16B.

This contract involves preliminary engineering and scoping tasks for alternative 16B and is structured to keep CBJ on schedule for completing installation of the berths by the start of the 2013 cruise ship season. The contract also includes studies to determine the feasibility of equipping the new berths with shorepower and wasterwater utilities. The contract is a time and materials contract with a not-to-exceed limit. Docks and Harbors approval is required to commence work on specific tasks. More detail about the project financing and project schedule is provided in the Port Director’s June 24, 2010 memo.

The contract is funded by the Cruise Ship Berth Enhancement Capital Improvement Project (CIP) which was set up for the purpose of replacing the city’s cruise ship berths. Sources of funding for this CIP include marine passenger fees, port development fees, port maintenance fees, and state passenger fees. An ordinance to appropriate the recently awarded $9,000,000 grant of state marine passenger fees into this CIP was introduced tonight.

The Docks and Harbors Board reviewed the contract at its June 24, 2010 meeting and recommends the Assembly award the contract.

XI. STAFF REPORTS

A. Community Development Permit Update

Year To Date Permits                       Permits 1987-Present

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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