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, December 20, 2010, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2010-31

 

 

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

IV. APPROVAL OF MINUTES

A. November 6, 2010 – Assembly Retreat
B. November 29, 2010 – Regular Assembly Meeting 2010-28
C. December 6, 2010 – Special Assembly Meeting 2010-29
D. December 8, 2010 – Special Assembly Meeting 2010-30

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 2010-36
An Ordinance Amending The Docks And Harbors Board Code Regarding Board Vacancies.

This ordinance would amend the meeting attendance requirements for the Docks and Harbors Board to be similar to the attendance requirements set out in the CBJ Charter for Assembly members. This amendment would allow Board members to miss up to three consecutive regular board meetings, provided the board member obtains prior approval of the Board. The ordinance would still limit the number of regular board meetings missed in any calendar year to a maximum of four meetings.

The Docks and Harbors Board reviewed attendance requirements at its September 21 and October 19 Operations Committee meetings and, at its October 28 Board meeting, the Board recommended that the Assembly amend the ordinance.

The Board is making this recommendation in order to foster increased membership on the Board by persons who are actively engaged in the marine industry and are unable to make board meetings during the busy summer season due to work schedules. Though members are allowed to participate telephonically, there are many areas in Southeast Alaska where wireless telephone infrastructure is lacking. The Board believes that the community would benefit by relaxing the attendance requirements to make it possible for more members of the community who are actively engaged in fishing and charter industries to consider serving on the board.

The Assembly Human Resources Committee recommended this action at its November 29 meeting.

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

 

b. Ordinance 2010-40
An Ordinance Amending The Property Acquisition And Disposal Code Relating To Real Property Acquisition.

Memorandum

Adoption of Ordinance 2010-40 would be the initial step in a comprehensive review and revision of the CBJ’s Land Code. The Lands and Resources Office and Law Department are working with the Assembly Lands Committee to conduct a systematic examination of this part of the Code which has not undergone substantial review and revisions since the early 1980s.

Specifically, Ordinance 2010-40 would modify Chapter 53.04, which addresses acquisition of real property by the CBJ. Only housekeeping changes are recommended for this short section of the Code.

Two new paragraphs would be added. One would provide that all municipal property shall be acquired and held in the name of the City and Borough of Juneau, not in the name of individual departments as has happened in the past. The second new paragraph pertains to lands dedicated to the CBJ during the platting process for such uses as parks and open space. It requires that subdividers who dedicate land to the CBJ during the platting process also record a deed conveying title to the property. Both measures will help reduce potential ambiguity regarding title and improve the CBJ’s real property record management.

A memorandum regarding the housekeeping changes is included in the packet.

This is the first of several Title 53-related ordinances that will be brought before the Assembly.

The Assembly Lands Committee recommended this action at its November 29, 2010 meeting.

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

 

c. Ordinance 2010-41
An Ordinance Amending The Land Use Code Relating To Access Driveways Allowed In The Right-Of-Way.

The updated Table of Permissible Uses for the Land Use Code was adopted on July 19, 2010 (Ordinance Serial No. 2010-22). One change eliminated the requirement for access driveways, in rights-of-ways serving one to four lots, to get an Allowable Use Permit. A different code provision, CBJ 49.35.240(d)(6) also should have made that change but was overlooked. This ordinance would correct the discrepancy.

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

 

d. Ordinance 2010-42
An Ordinance Amending The Land Use Code To Require Construction And Renovation Of Municipal Public Facilities To Meet A Sustainable Building Standard.

The Juneau Commission on Sustainability (JCOS) recommended that the Leadership in Energy and Environmental Design (LEED) system, developed by the U.S. Green Building Council, be used as a third-party certification system to achieve the policy goal of sustainable design and construction for CBJ buildings, and provided a first draft of this ordinance. This ordinance would require LEED basic certification on municipal building projects in excess of five million dollars.

The Engineering Director has recommended that a minimum project cost of five million dollars be set as the criteria for the LEED requirement. Projects that are less than five million dollars have fewer opportunities to gain certification points while maintaining the same level of required management.

The Public Works and Facilities Committee 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.

 

e. Ordinance 2010-11(AC)
An Ordinance Appropriating To The Manager The Sum Of $30,000 As Partial Funding For The Library Server Room Capital Improvement Project, Grant Funding Provided By The Library Endowment Fund.

Economic Impact Note

This ordinance would appropriate $30,000 to the Downtown Library Server Room Capital Improvement Project, funds to be provided by the Library Endowment Fund. These funds would assist in purchasing computer racks, switches, cabling, uninterrupted power supplies, and other equipment needed to outfit the server room.

The Public Works and Facilities Committee is scheduled to review this action at its December 13, 2010 noon meeting.

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

 

f. Ordinance 2010-11(AE)
An Ordinance Appropriating To The Manager The Sum Of $25,000 As Funding For A Feasibility Proposal For A Direct Market Fish Sales Facility In Juneau, Funding Provided By Alaska Fisheries Development Foundation Grant.

Economic Impact Note                 Statement of Work

The Alaska Fisheries Development Foundation has awarded the City and Borough Docks and Harbors Department a grant of $25,000 to begin planning for direct market fish sales facilities. The project would determine the interest and need for such a facility, develop preliminary plans for physical structures associated with such a facility, identify potential locations, and explore marketing and advertising measures to promote direct market fish sales. The resultant product of the work would be a written report, plans, and cost estimates associated with the development of a direct-market fish sales program. This project is not related to the recently funded cold storage feasibility study.

There is no funding match required for the grant. The project is on a tight time schedule, as the grant requires all products of the planning effort to be completed by March 31, 2011.

The Docks and Harbors Board recommended this action at its December 2, 2010 meeting.

The Assembly Public Works and Facilities Committee recommended this action at its December 13, 2010 meeting.

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

 

2. Resolutions

A. Resolution 2551
A Resolution Supporting The State’s Recommendation That The Alaska State Centennial Museum Be Eligible For Listing In The National Register Of Historic Places And That Certain Preservation Mitigation Be Required If The Museum Building Is Demolished For The Library Archive Museum (LAM) Project, And Encouraging The State To Relocate The LAM Project And Work With The City And Borough To Determine Another Use For The Existing Museum Building.

The State of Alaska is designing and planning a new museum facility that will incorporate library and archive functions in a single structure. The current plans call for the demolition of the existing State Museum building and construction of the new facility on the existing museum building site, although some consideration has been given to the Subport site as a potential alternate location. In a Determination of Eligibility Report, the State Historic Preservation Office (SHPO) has recommended that the current museum building be eligible for listing in the National Register of Historic Places. If the building is demolished for the new consolidated facility, the State plans include certain mitigation options.

In conjunction with this project, the State asked the CBJ Historic Resources Advisory Committee (HRAC) to review certain State memoranda and the SHPO report. On December 6, 2010, the HRAC voted to recommend that the Assembly:

• Support the SHPO’s recommendation that the existing museum building be eligible for listing in the National Register of Historic Places.

• Agree with the State that if the existing museum building is demolished, mitigation should occur. The mitigation should be in the form of incorporating some of the panels outside or inside of the new facility, providing an interpretive exhibit that describes the history of the museum, also providing a publication on the former museum; and

• Encourage the State to find an alternative Juneau site nearby for the new museum facility, and to work together with the CBJ to determine an appropriate use for the existing museum; the CBJ’s position would be that the museum building should only be demolished if an alternate site, or reuse of the current museum building, is infeasible.

The Public Works and Facilities Committee, at its December 13, 2010 meeting, recommended this resolution be forwarded to the Assembly for consideration.

I recommend this resolution be adopted.

 

B. Resolution 2553
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 Loan Fund, For The Twin Lakes Lift Station Replacement Project, And The Alaska Drinking Water Fund, State Revolving Loan Fund, For The Salmon Creek Water Source Secondary Disinfection.

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

• Twin Lakes Lift Station Replacement Project, for up to $825,000.

• Salmon Creek Water Source Secondary Disinfection Project for up to $1,270,000.
The terms of the low-interest loans under the Alaskan Revolving Loan Fund program are typically 20 years at 1.5 percent interest. The project loans will be re-paid with Wastewater and Water Utility customer revenues for each respective project.

The Public Works and Facilities Committee recommended this action at its November 22, 2010 meeting.

I recommend this resolution be adopted.

 

C. Resolution 2554
A Resolution Changing The Methodology For Calculation Of Compensation To Emergency Service Volunteers, And Repealing Resolution 2413.

Markup Version

This resolution would authorize three housekeeping items regarding compensation for emergency service volunteers. The revisions would:
• change payments from quarterly to monthly.
• revise the training point system.
• remove the stipend for the Division Chief because this is now a salaried position.

These recommended changes will not have any impact on the Capital City Fire/Rescue budget.

I recommend this resolution be adopted.

 

3. Transfers

a. T-921, Transferring $200,000 from Eaglecrest Mountain Operations/Lifts Capital Improvement Project (CIP) to the Casey Shattuck II CIP.

Impact of Budget Action

This request would authorize the transfer of $200,000, repaying a loan authorized by T-907, approved by the Assembly on March 15, 2010. T-907 transferred funds from the Eaglecrest Mountain Operations/Lifts Project Capital Improvement Project (CIP) to the Casey Shattuck II CIP. It was the intent that these funds be repaid July 1, 2010 when FY11 funds became available.

The draft FY11 CIP identified $200,000 additional funding for the Eaglecrest Mountain Operations/Lift CIP. To keep the project moving forward in time for the summer’s construction season, it was necessary to advance these funds to the project. To move funds between these projects to accomplish repayment requires legislative action and this Transfer Request satisfies this requirement.

I recommend this transfer be approved

 

b. T-922, Transferring $74,675 from two completed Library Capital Improvement Projects (CIP) to the Library Server Room Upgrades CIP.

Impact of Budget Action

This transfer would close the Valley Library Improvements and the Downtown Library HVAC Upgrade CIPs, and provide the necessary funding to complete the Library Server Room Upgrades CIP.

From:     Valley Library Improvements $24,675
                Downtown Library HVAC Upgrades $50,000

To:          Library Server Room Upgrades $74,675

The Public Works and Facilities Committee recommended this action at its November 22, 2010 meeting.

I recommend this transfer be approved.

 

4. Liquor License

a. Liquor License Renewals

1. Beverage Dispensary License #2766: Alaska Red Dog Saloon LLC d/b/a Red Dog Saloon - location 278 S. Franklin Street.

2. Beverage Dispensary License #76: Arctic Bar Inc. d/b/a Arctic Bar - location 148 S. Franklin Street.

3. Beverage Dispensary License #1081: Squires Rest LLC d/b/a Squires Rest - location 11806 Glacier Highway.

4. Package Store License #3352: Costco Wholesale Corporation d/b/a Costco Wholesale #107 - location 5225 Commercial Way.

The above-listed liquor license renewals are before the Assembly to either protest or waive its right to protest these renewals. The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses and found them to be in compliance with CBJ Code. In the event the Assembly does protest one or more of the above-mentioned liquor license renewals, CBJ Code 20.25 requires notice, with specificity regarding the nature and basis of the protest, to be sent to the licensee and provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

I recommend the Assembly waive its right to protest the above liquor license renewals.

VIII. PUBLIC HEARING

A. 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                      LID 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.

An informal poll was conducted of the property owners in this LID area. As of November 12, 2010, the responses are included in your packet.

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 adopted

 

B. 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 adopted.

 

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 adopted.

 

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 adopted.

 

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 adopted.

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 Bartlett Regional Hospital (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 adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Liquor Licenses

1. Application for Certification of De-designated Licensed Premises
Universe Cyber Lounge d/b/a Latinos Restaurant
Location: 109 S. Franklin Street, Juneau, AK
Event to be held from 12/30/2010, 6:00 p.m. to 12/31/2010, 1:30 a.m.

The above-listed application is before the Assembly for approval. The Assembly waived its right to protest the issuance of the Restaurant/Eating Place Public Convenience License for this establishment on October 25, 2010. The attached application was hand-delivered to CBJ on Friday, December 10 with a request for local governing body approval so the event being open to 17-20 year olds can be held on the licensed premises. Juneau Police Department staff has reviewed this permit and recommends approval. The Assembly Human Resources Committee met just before this Assembly meeting and will be forwarding its recommendation with respect to this application.

I recommend the Assembly adopt the recommendation of the Human Resources Committee.


B. Juneau Economic Development Council (JEDC) Request for Approval – Revolving Loan Fund – Tracy’s Crab Shack

Memorandum of Agreement

JEDC has been working on a new loan request for inventory financing for an existing borrower, Tracy’s King Crab Shack. Tracy’s has had limited working capital financing through Alaska Pacific Bank and has not been able to purchase enough crab in bulk to keep the costs down. Despite this, the business has continued to grow in sales and profitability. This loan request for the 2011 season will have an outside guarantee from Doug Trucano.

JEDC is requesting authorization from the Assembly to issue this loan, per the existing CBJ/JEDC Memorandum of Agreement, for final approval of a recommended loan that does not meet the “participation lending” provisions of the MOA.

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

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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