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, July 11, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-17

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. PRISM Project Recognition.

IV. LID BOARD OF EQUALIZATION

A. The Assembly should recess and convene as the Board of Equalization for the purposes of hearing Resolution 2585, confirming the assessment roll for LID No. 95. At the conclusion of this hearing, the Board of Equalization should adjourn and the Assembly will reconvene.

1. Resolution 2585
Assessment Roll for Lid No. 95 Fixing the Time and Method of Payment of Assessments; Setting the Day of Levy; and Fixing the Time of Delinquency, Penalties, and Interest.

Assessment Roll                                        Map

This resolution would confirm the assessment roll for Local Improvement District (LID) No. 95, North Douglas Sewer, for the purpose of installing sanitary sewer serving the property owners within the LID boundary: The proposed assessments are shown on the LID 95 Assessment Roll.

Notices were published in the newspaper and sent to residents in the LID area so they would be aware that they would have the opportunity to make their views known to the Assembly.

At the time of the hearing, the Assembly will sit as a Board of Equalization for the purpose of considering the assessment roll, will consider any objections made, and will modify the roll if necessary at the conclusion of the hearing.

V. APPROVAL OF MINUTES

A. June 06, 2011 – Regular Assembly Meeting 2011-15
B. June 27, 2011 – Special Assembly Meeting 2011-16

VI. MANAGER’S REQUEST FOR AGENDA CHANGES

VII. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS.
(Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).

VIII. 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 2011-17
An Ordinance Providing For The Levy And Collection Of Temporary 3% Areawide Sales Tax On The Sale Price Of Retail Sales, Rentals, And Services Performed Within The City And Borough Of Juneau, Such Tax To Be Effective On July 1, 2012, Intended To Be Allocated For Certain Purposes As Set Forth Herein; And Calling For An Election On Whether Such Sales Tax Shall Be So Levied.

This ordinance would place before the voters, at the October 4, 2011 municipal election, a five-year extension of the temporary 3% sales tax, which is set to expire in 2012. The current 5% CBJ sales tax has three components: a permanent 1% sales tax, a temporary 3% sales tax, and a temporary 1% sales tax. Under the CBJ Charter, all sales taxes must be approved by the voters. The temporary 3% sales tax is presently set to expire on July 1, 2012, unless extended by the voters. This ordinance would place the extension question on the next regular election ballot. Under the ordinance, the existing Assembly intended allocation of the revenues received under the tax would remain unchanged.

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

b. Ordinance 2011-18
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of U.S. Survey 381 FR, Located At The Corner Of Atlin Drive And Mendenhall Loop Road, Currently Zoned D-10, To Light Commercial, LC.

Exhibit A                                 Staff Report                            Notice of Decision

The applicant has requested a zone change from D-10 to Light Commercial (LC).

This site is located in Subarea 4 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.

The LC district (49.25.230(a)), is intended to accommodate commercial development that is less intensive than that permitted in the General Commercial (GC) district. LC districts are primarily located adjacent to existing residential areas. Although many of the uses allowed in this district are also allowed in the GC, they are listed as Conditional Uses in this district and therefore require Planning Commission review to determine compatibility with surrounding land uses. A lower level of intensity of development is also achieved by stringent height and setback restrictions.

The CBJ Land Use Code (49.75.120) provides minimum restrictions for zone change requests. This proposal conforms to these restrictions as follows:

1. The request is for a site of 2.68 acres, which exceeds the minimum lot size of two acres for a single lot rezone request. A Light Commercial Zoning District is located directly across Mendenhall Loop Road.

2. No similar request has been made in the past year.

However, this request does NOT conform, in that the request is not consistent with the land use maps of the 2008 Comprehensive Plan.

The Planning Commission, at its April 26, 2011 meeting, recommended the Assembly deny rezoning the subject parcel from D-10 to LC.

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

c. Ordinance 2011-11(F)
An Ordinance Appropriating To The Manager The Sum Of $2,000,000 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Funding Provided By The Federal Aviation Administration.

Economic Impact Note

This ordinance would appropriate $2,000,000 to the Runway Safety Area Construction project (RSA) CIP#A50-074. The funds come from a Federal Aviation Administration (FAA) Airport Improvement Program grant (AIP53). Matching funds will be from the Alaska Department of Transportation, and Airport funds received through royalty payments from the FAA for fill material provided by the Airport to this project.

The Airport Board approved this action at its March 9, 2011 meeting.

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

d. Ordinance 2011-11(G)
An Ordinance Appropriating To The Manager The Sum Of $250,000 As Funding For The Juneau Mendenhall Valley Street Dust Sweeper, Funding Provided By The Alaska Department of Transportation and Public Facilities.

This ordinance would appropriate to the Manager an amount not to exceed $250,000 as funding for the purchase of an eight-cubic-yard self-propelled pure vacuum street sweeper to be used on Mendenhall Valley Streets only. Funding for the street sweeper would be provided by the Federal Government Congestion Mitigation/Air Quality program and received through the Alaska Department of Transportation and Public Facilities. These funds are for projects that can be proved to reduce traffic congestion and/or improve air quality in federally designated non-attainment areas. The Mendenhall Valley is a non-attainment area.

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

2. Resolutions

a. Resolution 2584
A Resolution Authorizing The Manager To Apply For And Receive An Edward Byrne Memorial Justice Assistance Grant, From The U.S. Department Of Justice, For Funding The Police Crisis Intervention Specialist Program.

Juneau has been allocated $26,254 as part of the U.S. Department of Justice JAG/Edward Byrne Formula Grants for Law Enforcement. These funds, provided through the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance, are provided 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 continue funding the Police Crisis Intervention Program (PCIS) with this money. The PCIS program works with victims of domestic violence and sexual assault.

There are no matching requirements for this grant.

I recommend this resolution be adopted.

3. Liquor License

a. Liquor License

1. Application for a new Recreational Site License #5095 and Application for a Restaurant Designation Permit
Taku Lanes LLC d/b/a Taku Lanes LLC
Location: 608 W. Willoughby Avenue

Under the Alaska Statutes/ABC regulations, Recreational Site licenses are non-transferable and must be applied for as a new liquor license each time a change in ownership occurs. The above-listed application is before the Assembly to either protest or waive its right to protest the issuance of this license. In addition to the Recreational Site license application, the business has submitted an application for a Restaurant Designation Permit (a copy of which can be found in your packet). CBJ staff has reviewed the license application and permit application for compliance with all relevant CBJ code sections.
I recommend the Assembly waive its right to protest the Recreational Site Liquor License issuance and approve the application for a restaurant designation permit.

IX. PUBLIC HEARING

A. Ordinance 2011-13(c)
An Ordinance Placing The Question Of Exemption From The State Of Alaska’s Municipal Official Financial Disclosure Law On The Ballot; And Adopting, Contingent Upon The Exemption, A City And Borough Public Official Financial Disclosure Requirement; Amending The Election Code Regarding The Public Official Financial Disclosure Statement And Creating Municipal Official Financial Disclosure Requirements.

Memorandum

This ordinance would place on the ballot the question of whether CBJ municipal officials will opt out of the system of financial reporting to the Alaska Public Offices Commission (APOC), and, instead, report under a CBJ system created in the ordinance. The ordinance is modeled after one adopted by the Ketchikan Gateway Borough, which failed at the ballot. The reporting requirements are substantially similar to that required by the APOC, but would be controlled by CBJ rather than the State.

Version (c) incorporates changes recommended by the Committee of the Whole at its June 27, 2011 meeting.

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

B. Ordinance 2011-16
An Ordinance Relating To Fireworks And Providing For A Penalty.

This ordinance would prohibit selling, or offering for sale, all fireworks, as defined by state law, throughout the City and Borough. Violation of this provision would be a Class B misdemeanor.

I recommend this ordinance be adopted.

C. Ordinance 2011-11(A)
An Ordinance Appropriating To The Manager The Sum Of $1,411 As Funding For The Fire Department To Purchase Training Films And DVDs, Grant Funding Provided By The Simon Blattner Family Foundation.

Economic Impact Note

This ordinance would appropriate a $1,411 donation from the Simon Blattner Family Foundation. These funds would be used to purchase training films and DVDs for the Juneau Fire Department.

I recommend this ordinance be adopted.

D. Ordinance 2011-11(B)
An Ordinance Appropriating To The Manager The Sum Of $12,010 As Funding For Fire Department Equipment Replacement, Grant Funding Provided By The Federal Secure Rural Schools And Community Self-Determination Act Title III Funds
.

This ordinance would appropriate $12,010 in restricted Federal funds to the Fire Department for the replacement of equipment. The funds are restricted under the Federal Secure Rural Schools and Community Self-Determination Act of 2000, Title III. These funds would be used to reimburse Capital City Fire and Rescue for costs associated with search and rescue and other emergency efforts performed on federal lands. The Act requires that prior to spending the Title III funds a 45-day public notice/comment period must be posted. The 45-day public notice period ended on May 31. No public comments were received.

I recommend this ordinance be adopted.

E. Ordinance 2011-11(C)
An Ordinance Appropriating To The Manager The Sum Of $4,509,960 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Funding Provided By The Federal Aviation Administration.

Economic Impact Note

This ordinance would appropriate $4,509,960 to the Runway Safety Area Construction project (RSA). The funds come from a Federal Aviation Administration (FAA) Airport Improvement Program grant (AIP52). Matching funds would be from the Alaska Department of Transportation and Airport funds received through royalty payments from the FAA for fill material provided by the Airport to this project.

The Airport Board approved this action at its March 9, 2011 meeting.

I recommend this ordinance be adopted.

F. Ordinance 2011-11(D)
An Ordinance Appropriating To The Manager The Sum Of $8,735,000 As Additional Funding For Cruise Ship Berth Enhancements Capital Improvement Project, Grant Funding Provided By $4,735,000 Port Development Fees And $4 Million From Docks Fund Balance.

Economic Impact Note

This ordinance would appropriate to the Downtown Cruise Ship Berth Enhancement Capital Improvement Project, $4.735 million in Port Development Fees fund balance and $4.0 million in Docks Fund fund balance.

The Committee of the Whole, at its April 25, 2011 meeting, recommended the $8.735 million appropriation as part of the Cruise Ship Berth Enhancement capital project funding plan.

I recommend this ordinance be adopted.

G. Ordinance 2011-11(E)
An Ordinance Appropriating To The Manager The Sum Of $825,000 As Additional Funding For The Twin Lakes Pump Station, and $1,270,000 As Additional Funding For The Salmon Creek Secondary Disinfection, Capital Improvement Projects; Loan Funding Provided By The Alaska Department of Environmental Conservation.

Economic Impact Note

This ordinance would appropriate $825,000 from the Alaska Department of Environmental Conservation Alaska Clean Water Revolving Loan Fund for the Twin Lakes Lift Station Replacement Project and $1,270,000 from the Alaska Drinking Water Revolving Loan Fund for the Salmon Creek Water Source Secondary Disinfection Project.

The terms of the low-interest loans, under the Alaskan Revolving Loan Fund program, are a 20-year repayment period at 1.5% interest. The project loans will be repaid with Wastewater and Water Utility customer revenues for each respective project.

The Public Works and Facilities Committee recommended this action at its June 6, 2011 meeting.

I recommend this ordinance be adopted.

X. UNFINISHED BUSINESS

XI. NEW BUSINESS

A. Docks and Harbors – Contract Amendment – PND Engineers, Inc.

This contract amendment would carry forth the work of RFP No. DH08-081 for Statter Harbor Improvements. The RFP anticipated three phases of services. Phases 1 and 2 are currently in progress or complete. Phase three includes detailed engineering, design, and services during construction. This amendment increases the consultant fee with PND Engineers, Inc. by $325,045 for geotechnical investigation that is required for detailed engineering of the project and an additional $285,900 for detailed engineering, design, and bid phase services for new moorage floats at Statter (replacing the current DeHart's moorage). Funding for this work is contained in the overall budget for the Statter Harbor Improvements.

This action was recommended by the Docks and Harbors Board at its regular meeting on June 30, 2011.

XII. STAFF REPORTS

XIII. ASSEMBLY REPORTS

A. Mayor’s Report
B. Committee Reports
1. HRC Report to Assembly
C. Liaison Reports
D. Presiding Officer Reports

XIV. ASSEMBLY COMMENTS AND QUESTIONS

XV. ACKNOWLEDGEMENT – Outgoing Assemblyman Bob Doll

XVI. SWEARING IN NEW ASSEMBLY MEMBER – Peter Freer

XVII. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

XVIII. EXECUTIVE SESSION

XIX. 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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