City and Borough of Juneau
155 S. Seward Street
Juneau, Alaska 99801
tel. 907-586-5240
fax 907-586-5385
http://www.juneau.org

Assembly of the City and Borough of Juneau

ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, November 29, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-28


City Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Employee Recognition – Dan Bleidorn
B. Employee Recognition – Brice Habeger

IV. APPROVAL OF MINUTES

A. November 8, 2010 – Regular Assembly Meeting 2010-27

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 2010-38
A Non-Code Ordinance Exempting The Subdivision Of Lot EE, U.S. Survey No. 2392, (11450 Jo Anne Way) From Right-Of-Way Improvement Requirements In The Land Use Code.

The applicants own a five-acre parcel of land accessed by a dedicated public right-of-way not developed to CBJ standards and not maintained by a public agency. Costs of constructing the street to the site, in addition to the on-site improvements, have resulted in this parcel being unable to meet the subdivision regulations in an economical manner. The applicants are proposing instead to divide the parcel into two lots and dedicate a public right-of-way through the property to CBJ-owned land.

The Public Works and Facilities Committee recommended this action at its October 11, 2010 meeting.

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

 

b. Ordinance 2010-37
An Ordinance Creating Local Improvement District No. 91 To Construct A Sanitary Sewer System Along Portions Of North Douglas Highway.

EXHIBIT A                 EXHIBIT B              ROLL

This ordinance creates LID No. 91 for the purpose of providing sewer service to the property owners within the North Douglas Sewer, Phase V, LID 91 boundary. The proposed total assessment for this project is $204,365, with a total project cost estimate of $2.5 million.

Notices were published in the newspaper and sent to residents in the LID area so they would be aware of this opportunity to make their views known to the Assembly. Public Hearing is scheduled for the Assembly meeting of December 20, 2010.

LID 91 was reviewed by the Public Works and Facilities Committee at its November 1, 2010 meeting and forwarded to the full Assembly.

I recommend this ordinance be introduced and set for public hearing at the regular meeting of December 20, 2010.

c. Ordinance 2010-11(Y)
An Ordinance Appropriating To The Manager The Sum Of $34,500 As Funding for a Mt. Juneau Avalanche Study, Grant Funding Provided by the State of Alaska Department of Military and Veterans Affairs.

Economic Impact Note

This ordinance would appropriate a $34,500 grant from the Alaska Department of Military and Veterans Affairs for a Mt. Juneau Active Avalanche Study for the Local Hazards Mitigation Plan.

This study would be conducted by the Swiss Snow Institute for Snow and Avalanche Research (SLF) and would create new avalanche zone maps with proper run out zones and distances. This would allow SLF to examine the situation with regard to the possible application of artificial Avalanche Release according to the guidelines published by SLF. If artificial release can be recommended, SLF will outline which mitigation systems it feels would be applicable and recommendations for trigger points through collaboration with local experts. Further suggestions for important points to be included in the safety concepts will be made and the full results of the investigation will be summarized in a report. Activities funded by this grant would include:

• A study of the Mt. Juneau Avalanche Paths that affect populated areas to see if the slope is suitable for active mitigation techniques.

• Consideration of amending the existing CBJ Local Hazards Mitigation Plan.

• Clearly defining the best solution to the Mt. Juneau avalanche problem to allow CBJ to seek funding for this mitigation project. Inclusion of this report is important to support updating the CBJ Mitigation plan.

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(Z)
An Ordinance Appropriating To The Manager The Sum Of $301,549 As Funding For The Metropolitan Medical Response Systems, Grant Funding Provided By The State Of Alaska Department Of Military And Veterans Affairs.

This ordinance would appropriate a $301,548.50 grant from the Alaska Department of Military and Veterans Affairs for the 2010 Metropolitan Medical Response Systems Grant to support the goals and activities of the City and Borough of Juneau, as well as those of the SE Alaska MMRS Steering Committee, through equipment purchases, planning, training, and exercises for Mass Casualty, Mass Prophylaxis, and HAZMAT events.

There is no match requirement for this grant.

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

e. Ordinance 2010-11(AA)
An Ordinance Appropriating To The Manager The Sum Of $141,800 As Funding For The State Homeland Security Program, Grant Funding Provided By The State Of Alaska Department Of Military And Veterans Affairs.

This ordinance would appropriate a $141,800 grant from the Alaska Department of Military and Veterans Affairs for the 2010 State Homeland Security Program Grant #10SHSP-GR34067.

These funds are slated to support the goals and activities of the City and Borough of Juneau Capital City Fire Rescue, Juneau Police Department, and Bartlett Regional Hospital.

Activities funded by this grant include:

Purchase of Life Pack 15 Defibrillator for CCFR
Purchase of Communications Spectrum Analyzer for JPD
Purchase of Dry Suit/ Chemical Suit Test Unit for CCFR
Purchase of Hazardous Materials Portable Decontamination Shelter for BRH
Purchase and installation of JPD Camera and Keycard Surveillance System

There is no match requirement for this grant.

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

f. Ordinance 2010-11(AB)
An Ordinance Appropriating To The Manager The Sum Of $500,000 As Partial Funding For The Bartlett Regional Hospital Roofing Capital Improvement Project, Funding Provided By Bartlett Regional Hospital Fund Balance.

This ordinance would appropriate $500,000 from BRH reserves to provide initial funding for a roofing project at the Hospital. The total project is expected to cost approximately $1.9M. Remaining project funding will come from BRH reserves at a future date.

The Hospital Board requested this appropriation at its meeting on October 26, 2010 and the PWFC recommended this action at its November 1, 2010 meeting.

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

2. Resolutions

A. Resolution 2547
A Resolution Authorizing The Manager To Apply For A Community Development Block Grant From The Alaska Department Of Commerce, Community And Economic Development For REACH, Inc., To Be Used For Renovation And Remodeling Of An Assisted Living Home At 1814 Mark Alan Street.

Project ideas were solicited from the community for a grant from the federal Community Development Block Grant (CDBG) program administered in Alaska by the State Department of Community and Economic Development (DCED). Grant proposals must be sponsored by a local government and sent to DCED by December 3, 2010, where the proposals will be reviewed and compete against each other on a statewide basis. A local government has the choice of generating its own project ideas or soliciting ideas from the general public. CBJ has successfully used this method in the past. This year we had five proposals as a result of the solicitation.

The Human Resources Committee reviewed the five proposals at its regular meeting on November 8, 2010 and made a recommendation to the Assembly to support the REACH, Inc., proposal to renovate and remodel an assisted living home for disabled adults located at 1814 Mark Alan Street, and submit a Community Development Block Grant application.

I recommend this resolution be adopted.

B. Resolution 2548
A Resolution De-Appropriating $609,067 From The Bartlett 2005 Capital Improvement Project.

This resolution would de-appropriate $609,067 from the completed Bartlett 2005 Capital Improvement Project, to the Bartlett Regional Hospital fund balance.

The Assembly Finance Committee recommended this action at its October 11, 2010 meeting.

The Bartlett Regional Hospital board recommended this action at its October 26, 2010 meeting.

I recommend this resolution be adopted.

C. Resolution 2549
A Resolution Authorizing The Acceptance Of A Donation Of Real Property From Elfrida Nord, Consisting Of Tract A-2, Brigadoon Estates Subdivision III, Encompassing Approximately 6.6 Acres.

Exhibit A

Elfrida Nord recently contacted the Lands and Resources Office with an offer to donate to the city and borough a parcel of undeveloped land she owns, described as Tract A-2, Brigadoon Estates Subdivision III, located southwest of Mendenhall Lake. Maps of the property are included in your packets.

Consultations with the Community Development, Engineering, and Public Works departments yielded general support for the donation. An evaluation of the site suggests that portions of the uplands could be developed for residential use while the high value wetlands are preserved as open space. The possibility of future multiple uses of the site has been discussed with and is acceptable to the donor. After title is transferred to CBJ, portions of the property will be considered for residential development and disposal by the Affordable Housing Commission, Planning Commission and the Lands Committee.

The donor is eager to complete this conveyance before the end of the year. The Lands Committee will be conducting its review of this donation at its meeting November 29 and reporting its recommendation to the full Assembly later that evening.

CBJ 53.04.030 allows for the acceptance gifts of real property upon approval of the Assembly by resolution. Resolution No. 2549 provides authorization for the manager to accept Ms. Nord’s generous gift of her property.

I recommend this resolution be adopted.

D. Resolution 2550
A Resolution Reestablishing The Assembly Rules Of Procedure, And Repealing Resolution No. 2427(B)
.

This resolution would implement the changes to Assembly procedure reviewed at the retreat on November 6, 2010. Changes include the duties of the Assembly Human Resources Committee regarding scheduling, and the appointment and role of Assembly liaisons. This resolution would also make a few additional housekeeping changes.

I recommend this resolution be adopted.

E. Resolution 2552
A Resolution Repealing The Sunset Date On The Port Development Fee On Vessels Carrying Passengers For Compensation, And Repealing Resolution 2423(b)am.

This resolution would remove the January 7, 2011 sunset date for the Port Development Fee. The removal of the sunset date will result in a continuation of the $3.00 per passenger fee. The purpose for the fee is to construct capital projects on the waterfront as set forth in the downtown waterfront development plan.
In 2010, the State modified the application of the State’s Marine Passenger Fees to allow for an offset of cruise ship passenger fee payments made to local governments, on a dollar-for-dollar basis, against the State’s Marine Passenger Fees.

The Assembly Finance Committee recommended this action at its October 10, 2010 meeting.

I recommend this resolution be adopted.

VIII. PUBLIC HEARING

A. Ordinance 2010-34
An Ordinance Amending The Sales Tax Code Regarding The Senior Citizen Sales Tax Exemption To Provide The Spousal Exemption For Same-Sex Domestic Partners.

The Uniform Sales Tax Code currently allows spouses of qualifying senior citizens to obtain a senior citizen sales tax exemption card. This ordinance would extend the same benefit to same-sex domestic partners of qualifying senior citizens. This amendment is intended to bring the exemption ordinance into compliance with the Alaska Supreme Court’s decision in Alaska Civil Liberties Union v. State of Alaska and Municipality of Anchorage, 122 P.3d 781 (Alaska 2005).

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses

1. Liquor License Ownership Transfer #4493
Restaurant Eating Place License
Transfer FROM: Dong Joon Yi & Kwang Su Yoon d/b/a Tarentino’s
Transfer TO: Kwang LLC d/b/a Tarentino’s
Located at 140 Seward Street, Juneau, AK 99801

The above-listed liquor license is before the Assembly to either protest or waive its right to protest transfer of this license. The Finance, Police, Fire, and Community Development Departments have reviewed the above business for compliance with CBJ Code. The Human Resources Committee is scheduled to meet at 5:30 p.m., Monday, November 29, 2010, and will be forwarding recommendations regarding this license transfer. Enclosed in your Human Resources Committee packet are the relevant documents pertaining to this action. In the event the Assembly does protest the transfer of the above mentioned liquor license, CBJ 20.25.025(c) provides the licensee 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.

B. Docks and Harbors - PND Contract Amendment

PND Engineers is the design firm selected to perform professional services for the cruise ship dock reconfiguration, commonly known as concept 16B. Preliminary engineering is currently taking place, with the next step to investigate the subsurface geology and topography necessary for design of the piling and related structures for the floating berth concept. This amendment is a time and materials contract not to exceed $912,805, which would allow proceeding with the geotechnical and geophysical investigation for the project.

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 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



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