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 14, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-26

 

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Proclamation – Anna Graceman
B. Juneau Douglas Museum Award

IV. APPROVAL OF MINUTES

A. October 17, 2011 – Regular Assembly Meeting 2011-24
B. October 18, 2011 – Assembly Retreat
C. October 31, 2011 – Special Assembly Meeting 2011-25

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 2011-27
An Ordinance Amending The General Assessments Code Relating To Business Personal Property Returns.

This ordinance would implement a biennial property declaration cycle for merchants with less than $80,000 in declarable business personal property. Adopting a biennial filing requirement would reduce the workloads for both merchants and staff.

On October 20, 2008, the CBJ adopted ordinance 2008-32 that provides for a general assessment exemption for business personal property. The exemption was implemented at $60,000 and progressively increased each year to a maximum of $100,000. The $100,000 exemption became effective on January 1, 2010. The implementation of the $100,000 exemption results in approximately 90% or 2,600 merchants being fully exempted from paying business personal property tax. To maintain control over the declaration process, the $100,000 exemption did not remove the requirement for merchants to declare business personal property values to the Assessor on an annual basis.

With the implementation of the assessed value exemption, the Assessor developed a brief or shorter declaration form for merchants to use. The new form reduces the workloads for both merchants and staff. The Assessor has determined, at this time, that it would be reasonable to allow merchants with less than $80,000 in property to file the shorter declaration form on a biennial basis. (Information note: Approximately 1.4% of the merchants declare business personal property values between $80,000 and $100,000). Adoption of this ordinance would implement a biennial filing requirement for merchants with assessable property values less than $80,000. The Assessor would split the merchants so that half of the 2,600 merchants or 1,300 would file each year. This would annually exempt approximately 1,300 merchant from the business personal property declaration filing requirements.

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

b. Ordinance 2011-11(W)
An Ordinance Appropriating To The Manager The Sum Of $62,714 As Funding To Reimburse Capital City Fire And Rescue For Costs Associated With Emergency Response In The Tongass National Forest. Funding Provided By The Alaska Department Of Commerce, Community And Economic Development, Secure Rural Schools And Community Self-Determination Act Title III Funds.

This ordinance would appropriate $62,714 in restricted Federal funds to Capital City Fire and Rescue (CCF/R) for the replacement of equipment. These funds are restricted under the Federal Secure Rural Schools and Community Self-determination Act of 2000, Title III. The funds would be used to reimburse CCF/R 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 October 4. No public comments were received.

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

2. Resolutions

a. Resolution 2592
A Resolution Authorizing The Manager To Apply For A Community Development Block Grant From The Alaska Department Of Commerce, Community And Economic Development, With AWARE, Inc., To Be Used For Construction Of Temporary Living Quarters For Women And Children Transitioning From AWARE’s Emergency Shelter.

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 2, 2011, where the proposals will be reviewed and compete against each other on a statewide basis.

The Human Resources Committee reviewed the three proposals at its meeting on October 24, 2011 and made a recommendation to support the AWARE proposal for a new building adjacent to the emergency safe shelter and submit a Community Development Block Grant application to the Alaska Department of Community and Economic Development. The new construction will provide six temporary living quarters for women and children transitioning from AWARE’s emergency shelter.

I recommend this resolution be adopted.

b. Resolution 2593
A Resolution Adopting The Juneau Climate Action And Implementation Plan.

Changes Memo

The Assembly adopted Resolution 2502 on November 2, 2009, that endorsed preparation of a Climate Action Plan, as recommended by the Juneau Commission on Sustainability. One of the Assembly’s 2010-2011 goals was to adopt a Climate Action Plan by the end of 2011.

Skilbred Consulting and Sheinberg Associates were contracted through a competitive bid process to complete the Climate Action and Implementation Plan. The goal of the Climate Action and Implementation Plan is to outline steps that can be taken to reduce the energy that the City and community uses and ensure the energy that is used is used efficiently. The Plan also sets a goal of reducing greenhouse gas emissions by 25% by 2032. In addition, there are specific goals outlined to reduce emissions for buildings, transportation and land use, utilities, renewable energy and alternative systems, and food production.

The Assembly Committee of the Whole reviewed and provided direction at the August 1, 2011 meeting and recommended adoption of the plan at the October 31, 2011 meeting.

I recommend this resolution be adopted.

 

3. Transfer

a. T-930 – Transferring $2,992,118 From School District Major Maintenance Upgrades Capital Improvement Project (CIP) To Gastineau Elementary School Renovation And Auke Bay Elementary School Renovation CIPs.

This transfer would provide necessary funding to the Gastineau and Auke Bay School Renovation CIPS. Funds remaining in the District Major Maintenance Upgrades CIP will be used for future Marie Drake School renovation work.

From: CIP

S02-086 District Major Maintenance Upgrades $2,992,118

To: CIPs
S02-094 Gastineau Elementary School Renovation $1,100,000
S02-095 Auke Bay Elementary School Renovation $1,892,118

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

I recommend this transfer be approved.

VIII. PUBLIC HEARING

A. Ordinance 2011-26
An Ordinance Authorizing The Manager To Execute A Lease Of A Fraction Of Lot 1, U.S. Survey 5504, Located Near The Fish Creek Quarry On Douglas Island, To Atlas Tower, LLC, For The Construction, Maintenance, Operation, And Leasing Of A Communications Tower.

Exhibit A

This ordinance would authorize the Manager to execute a lease to Atlas Tower, LLC, for the purpose of constructing a communications tower to be located near the Fish Creek rock quarry on Douglas Island. As part of its’ business plan, Atlas Tower intends to sublease space on the tower to multiple wireless carriers, and to pay a portion of the revenue it derives from the subleases to CBJ in the form of rent, according to the rent schedule described in the ordinance.

The Planning Commission recommended approval of the lease in its Notice of Recommendation dated July 13, 201l. Atlas Tower has also received a Conditional Use Permit for the proposed communications tower/facility.

The Assembly Lands Committee, at its October 10, 2011 meeting, recommended the Assembly authorize execution of the lease, subject to certain terms and conditions included in the ordinance.

I recommend this ordinance be adopted.

B. Ordinance 2011-11(S)
An Ordinance Appropriating To The Manager The Sum Of $6,615 As Funding For The Purchase of a 3D Crash Reconstruction Software Program and Police Officer Training , Grant Funding Provided By The Alaska Department of Transportation and Public Facilities, Alaska Highway Safety Office.

Economic Impact Note

This ordinance would appropriate a $6,615 Alaska Highway Safety Office grant from the Alaska Department of Transportation and Public Facilities to purchase a 3D crash reconstruction program and train police officers in its use. Required matching funds of $4,000 will be provided “in kind” through officer salaries.

I recommend this ordinance be adopted.

C. Ordinance 2011-11(T)
An Ordinance Appropriating To The Manager The Sum Of $30,583 As Funding For Alaska Shield Training Provided To Members Of The Capital City Fire And Rescue Hazmat Team, Grant Funding Provided By The Alaska Division Of Homeland Security And Emergency Management.

Economic Impact Note

This ordinance would appropriate $30,583 in grant funds from Alaska Division of Homeland Security and Emergency Management for the Capital City Fire Rescue Hazmat Team to attend the Alaska Shield exercise in February. The funds would be used to reimburse Capital City Fire and Rescue for costs associated with travel, lodging, per diem, and ground transportation for the training event in Fairbanks.

I recommend this ordinance be adopted.

D. Ordinance 2011-11(U)
An Ordinance Appropriating To The Manager The Sum Of $6,633,082 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Funding Provided By The Federal Aviation Administration, Alaska Department of Transportation and The Juneau International Airport.

This ordinance would appropriate $6,633,082 for the Runway Safety Area Capital Improvement Project. Funding is provided as follows:

Federal Aviation Administration (FAA) grant: $6,301,428
Alaska Department of Transportation (DOT) matching grant: 161,575
Juneau International Airport (JIA) match: 170,079

The FAA funds 95% of the project, with the remainder being split between DOT and JIA. The maximum State contribution is 2.5% or $161,575, whichever is less.
The JIA match represents the value of fill material provided to the FAA for this project.

The JIA match was approved at the March 9, 2011 Airport Board meeting. The FAA funding and DOT match were approved at the October 12, 2011 Airport Board meeting.

I recommend this ordinance be adopted.

E. Ordinance 2011-11(V)
An Ordinance Appropriating To The Manager The Sum Of $94,575 As Funding For The First Six Months Of A Three-Year Grant For Two New Police Officers For The Downtown Patrol Community Policing Project, Grant Funding Provided By The United States Department Of Justice, Office Of Community Oriented Policing Services.

This ordinance would appropriate grant funding in the amount of $94,575 for the first six months (January 2012 through June 30, 2012) of a three-year grant for two new police officers for the downtown patrol community-policing project. The total amount of the grant is $567,452, and the remaining $472,876 would be appropriated as part of the regular budget cycles for FY13 and FY14. Grant funding is provided by the United States Department of Justice, Office of Community Oriented Policing Services (COPS). The officers will conduct community policing strategies and activities in the downtown area. CBJ is committed to extend the project for one year after the expiration of the federal funding.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS

X. NEW BUSINESS

A. Appeal of USE2011-0010 - Keikkala Accessory Apartments

On September 27, 2011, the Planning Commission approved a Conditional Use Permit USE2011-0010, to establish two accessory apartments in two detached single-family dwellings located at 1970 Hughes Way, USS 1155 FR for applicant Keikkala Living Trust c/o James and Linda Keikkala. On October 24, 2011, Jim Sheehan of Simpson, Tillinghast & Sorensen, representing appellants Jeff Hendricks, Virginia Palmer, Ralph Kibby, Julia Smith-Kibby and Dixie Belcher, filed a timely appeal to the Assembly of the permit. The Notice of Appeal and the Notice of Decision are in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

The appellants, the permit holder, and the Planning Commission have been advised that this matter is before the Assembly.

 

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

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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