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, January 10, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-01

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Eaglecrest – Alaska Municipal League Award

IV. APPROVAL OF MINUTES

A. December 20, 2010 – Regular Assembly Meeting 2010-31

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 2010-11(AD)
An Ordinance Appropriating To The Manager The Sum Of $19,129 As Partial Funding For The Main Street Improvements, Second To Seventh; Funding Provided By 2003B General Obligation Bond Interest Income.

This ordinance would appropriate $19,129 in bond interest income to the Capital Improvement Project (CIP) Main Street Improvements, Second to Seventh.

Funds would be provided by the following:

1.     Unbudgeted 2003B GO CIP Bond Interest Income of $19,129.

         The Assembly Public Works and Facilities Committee recommended this action at its January 3,

         2011 meeting.

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

b. Ordinance 2010-11(AF)
An Ordinance Appropriating To The Manager The Sum Of $765,000 As Funding For The Acquisition Of Equipment For The Fire Department, Eaglecrest, And Parks And Recreation – Park Maintenance; Funding Provided By The Equipment Replacement Reserve Fund Balance.

Economic Impact Note

This ordinance would appropriate $765,000 for the purchase of equipment for the Fire Department, Eaglecrest, and Parks and Recreation – Parks Maintenance. Funding would be provided by the Equipment Replacement Reserve fund balance. These purchases were originally scheduled for late FY10. In an effort to reduce costs, the purchase of these items was delayed until FY11.

Items included in the FY10 equipment replacement budget being requested to be brought forward to the FY11 equipment replacement budget are:

• Capital City Fire and Rescue - replacement of one fire engine. The Equipment Replacement Reserve schedule has the purchase of one engine during FY10 and a second in FY11. It was decided to delay the purchase of the first engine, $540,800, until FY11 to take advantage of cost savings gained by ordering the two engines together. The purchase delay decision was made after the FY11 budget was presented and adopted by the Assembly. An additional amount, $56,400 per engine, has been added to cover an increase in the cost of the engines.

• Parks Maintenance delayed the purchase of a One Ton Pick-Up with a snowplow and hydraulics budgeted for $57,900 until FY11 to allow the department time to research potential cost savings.

• Eaglecrest is acquiring a used Cat Loader from Public Works. The cost of repairs and maintenance to the Cat Loader will exceed the original estimate by $19,000. In addition, the FY10 budget for Eaglecrest included a Snowmaker for $17,500, a Snowmobile for $9,000, and an ATV for $8,000. Again, the decision to delay the purchases did not occur until after the adoption of the FY11 budget.

The Assembly Public Works and Facilities Committee recommended this action at its January 3, 2011 meeting.

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

2. Resolutions

A. Resolution 2555
A Resolution Adopting An Alternative Allocation Method For The Fiscal Year 2011 Shared Fisheries Business Tax Program.

This resolution would authorize the acceptance of CBJ’s share of the FY2011 State Shared Fisheries Business Tax. This distribution represents the sharing of state fishery revenues generated in the Northern Southeast Fisheries Management Area (NSFMA), but outside of the organized communities. The funds will be allocated to each community in the NSFMA (Angoon, Gustavus, Haines Borough, Hoonah, Skagway, Tenakee Springs, and Juneau) based on an agreed allocation method, as approved by the State of Alaska’s Department of Commerce, Community, and Economic Development. It is anticipated that the CBJ will receive approximately $18,157 in FY2011 from this State shared revenue program.

I recommend this resolution be adopted.

B. Resolution 2556
A Resolution Authorizing The Acceptance Of A Donation Of The Archie Van Winkle Memorial From Archie Van Winkle Memorial, Inc.

Archie Van Winkle was born in Juneau in 1925. As a U.S. Marine, Colonel Van Winkle fought in World War II, the Korean War, and the Vietnam War. In 1952, he was awarded the Medal of Honor for actions during the Korean War. He is the only Alaskan to have ever received the Medal of Honor. He passed away in 1986.

The Archie Van Winkle Memorial was dedicated on October 1, 1997. Pat Carothers, Tim Armstrong, and others of Archie Van Winkle Memorial, Inc., a non-profit corporation, were instrumental in the development and placement of the memorial. The memorial is located on CBJ property at the Cruise Ship Terminal and is managed by the Docks and Harbors Department. That department also jointly maintains the memorial in conjunction with the CBJ Parks and Recreation Department.

The non-profit organization has proposed conveying all interest in the memorial to the CBJ, and to donate all funds held by the Corporation (approximately $1,500) to CBJ to be used for upkeep and repair of the memorial.

The Docks and Harbors Board (12/2/10) and the Assembly Lands Committee (12/13/10) recommended that the Assembly adopt this resolution.

I recommend this resolution be adopted.

 

C. Resolution 2557
A Resolution Expressing The Assembly's Support, And Intent To Provide Maintenance And A Local Match, For Projects That Are Being Considered For Inclusion In The Alaska Department Of Transportation And Public Facilities Statewide Transportation Improvement Plan.

The Alaska Department of Transportation/Public Facilities (DOT/PF) is in the process of scoring projects for the Statewide Transportation Improvement Plan (STIP). The scores for projects can be increased by providing a resolution of support from the local governing body, by providing a local match, and by providing maintenance of new facilities. If any of the projects are funded by the State, the local match can be provided through the annual CIP program. This resolution would provide for various levels of support for these projects as outlined below.

Resolution of Support:
Glacier Highway Pedestrian Improvements (WalMart to Anka)
North Douglas Pedestrian and Bicycle Improvements

Resolution of Support and Maintenance of New Facilities:
North Aurora Harbor Vehicle and Pedestrian Access Improvements
Egan Drive – Harbor Area Intersection Improvements

Resolution of Support, 50% Match, and Maintenance of New Facilities:
50% Match – Governor’s House Area Roads: Distin Avenue, W. Eighth Street,
and Indian Street

Resolution of Support, 9% Match, and Maintenance of New Facilities:
Under Thunder Trail
Treadwell Ditch Trail
Capital Transit Downtown Circulator (Purchase five Care-A-Van-sized electric coaches)
Expanded Operations Facility for Capital Transit
Mendenhall Valley Transit Center
Lemon Creek Pedestrian Bridge

The Public Works and Facilities Committee approved this action at its January 3, 2011 meeting.

I recommend this resolution be adopted.

3. Transfers

a. T-923, Transferring $1,075,956 From Closing 17 Completed Capital Improvement Projects (CIP) To Provide Funding For Nine Ongoing Projects.

Impact of Budget Action

The transferred funds would be distributed to provide necessary funding for ongoing CIPs. The closing CIPs and the ongoing CIPs are tabulated in the link.

 

The Assembly Public Works and Facilities Committee approved this action at its January 3, 2011meeting.

I recommend this transfer be approved

4. Liquor License

a. Liquor License Application

1. Restaurant Designation Permit Application: Beverage Dispensary License #313 – Prospector Hotel/TK Maguires, Location 375 Whittier Street, Juneau, AK

The above-listed liquor license application is before the Assembly for approval. A Restaurant Designation Permit only has to be applied for once and once approved, remains in effect until the liquor license is either transferred or discontinued. The Finance, Police, Fire, and Community Development Departments have reviewed the above business and found it to be in compliance with CBJ Code. In the event the Assembly does not approve the permit application, CBJ 20.25 requires notice, with specificity, regarding the nature and basis for disapproval to be sent to the licensee and provide the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

I recommend the Assembly approve the Restaurant Designation Permit Application for Prospector Hotel/TK Maguires.

VIII. PUBLIC HEARING

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

Fisheries Development Advisory Committee Draft Minutes Excerpt

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, 2010 meeting. The Fisheries Development Advisory Committee endorsed this action at its December 16, 2010 meeting.

I recommend this ordinance be adopted.

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 adopted.

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 adopted.

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.

Planning Commission Notice of Decision

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 buildings 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 Assembly Public Works and Facilities Committee recommended this action at its November 1, 2010 meeting. The Planning Commission recommended a minimum project cost of three million dollars at its December 28, 2010 meeting. Relevant minutes from that meeting are included in the packet.

I recommend this ordinance be adopted.

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

I recommend this ordinance be adopted.

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

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 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 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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