Regular Assembly Meeting 2025-05 Monday, March 03, 2025 07:00 PM Assembly Chambers/Zoom Webinar

https://juneau.zoom.us/j/91515424903  or 1-253-215-8782 Webinar ID: 915 1542 4903

Submitted By:

 

____________________________

Katie Koester, City Manager

A.FLAG SALUTE

B.LAND ACKNOWLEDGEMENT

We would like to acknowledge that the City and Borough of Juneau is on Tlingit land and wish to honor the indigenous people of this land. For more than ten thousand years, Alaska Native people have been and continue to be integral to the well-being of our community. We are grateful to be in this place, a part of this community, and to honor the culture, traditions, and resilience of the Tlingit people. Gunalchéesh!

C.ROLL CALL

D.SPECIAL ORDER OF BUSINESS

E.APPROVAL OF MINUTES

  1. 1.January 6, 2025 Regular Assembly Meeting 2025-01 Minutes-DRAFT

  2. 2.February 10, 2025 Special Assembly Meeting Minutes - Airport Board Appts - Draft

F.MANAGER'S REQUEST FOR AGENDA CHANGES

G.PUBLIC PARTICIPATION ON NON-AGENDA ITEMS (Limited to no more than 20 minutes, with each speaker limited to a length of time set by the Mayor not to exceed three minutes.)

H.CONSENT AGENDA

Public Request for Consent Agenda Changes, Other than Ordinances for Introduction

Assembly Request for Consent Agenda Changes

Assembly Action

I.Ordinances for Introduction

  1. 3.Ordinance 2024-01(b)(AG) An Ordinance Transferring $375,000 from the Community Development Department Fiscal Year 2025 Operating Budget and $80,000 from the Manager's Office Fiscal Year 2025 Operating Budget to the Comprehensive Plan Capital Improvement Project.

    The Community Development Department (CDD) is leading the CBJ’s Comprehensive Plan Update project. The Comprehensive Plan is Juneau’s long-term guide for development and land use activities, capturing the community’s vision, goals, and recommended actions. FY25 CBJ Budget Ordinance 2024-01(b) appropriated $375,000 to the CDD operating budget to cover the costs for the Comprehensive Plan work to be completed during the fiscal year and $80,000 to the Manager’s Office for scenario planning. Due to the multi-year and multi-department nature of the Comprehensive Plan update, staff requests to transfer $375,000 from the CDD FY25 operating budget to a Comprehensive Plan CIP. $80,000 is requested to be transferred from the Manager’s Office FY25 operating budget for a scenario planning initiative to accompany the comprehensive planning work. Additional funding for the Comprehensive Plan update will be requested in the FY26 budget cycle.

    The Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  2. 4.Ordinance 2024-01(b)(AH) An Ordinance Transferring $200,000 from CIP D23-060 Waterfront Museum to CIP H51-125 Aurora Harbor Improvements.

    This ordinance would transfer $200,000 from the Waterfront Museum CIP to the Aurora Harbor Improvements CIP. The Harbors Enterprise has been awarded the Alaska Department of Transportation (ADOT) Harbor Facility grant for Aurora Harbor improvements, and began advertising for the $9.5M project in February. To ensure the project has sufficient funding for upcoming construction, this request would transfer 1% Temporary Sales Tax from the Waterfront Museum CIP, which will retain sufficient funding for current project work. This funding will be returned to the Waterfront Museum CIP through the FY28 1% Temporary Sales Tax allocation.

    This transfer of project funding is consistent with the intent of the 2022 1% Sales Tax initiative approved by voters in the October 4, 2022, municipal election.

    The Docks and Harbors Board approved this request at the February 27, 2025, meeting.

    The City Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  3. 5.Ordinance 2024-01(b)(AI) An Ordinance Appropriating $10,000,000 to the Manager for the Juneau Douglas Treatment Plant Clarifier Building Repair Capital Improvement Project; Funding Provided by General Obligation Bond Proceeds.

    This ordinance would appropriate $10 million for the Juneau Douglas Treatment Plant Clarifier Building Repair Capital Improvement Project. Funding for this request is provided by general obligation bond proceeds. This project would improve wastewater utility service by improving wastewater utility infrastructure, including, but not limited to, replacement of the wastewater clarifier building at the Juneau Doulas Wastewater Treatment Plant that services Thane, Downtown, and Douglas. 

    This appropriation of project funding is consistent with the intent of the $10 million general obligation bond package approved by voters in the October 1, 2024, municipal election.

    The City Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  4. 6.Ordinance 2025-07 An Ordinance Amending the Procedures and Requirements Related to Abandoned, Junked, Wrecked, and Impounded Vehicles.

    Language for abandoned and wrecked/junk vehicles is currently found in five different locations throughout code. To simplify and clarify for both our departments and our community members, this ordinance moves all language into Chapter 72.

    The intent of these code revisions is to be able to respond to abandoned, wrecked/junk vehicles more quickly and efficiently, to give more discretion to police officers in criminal cases, to clarify the impound process, and to ensure we are compliant with state law.

    This code revision has been a collaborative project with JPD, Parks and Rec, Docks and Harbors, and the Manager’s Office.

    The Committee of the Whole reviewed this request at its January 27, 2025 meeting and forwarded it to the Assembly for adoption.

    The City Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  5. 7.Ordinance 2025-11 An Ordinance Repealing CBJC 75.01.210 Thawing and Other Miscellaneous Charges, Related to the Water Utility Code.

    In 2011, CBJ Water Utilities decommissioned its thaw unit after determining that repairs and replacement costs were prohibitive.

    Previously, CBJ offered thawing services to customers for their service lines on private property for a nominal fee; however, given the high operating and maintenance costs, the program was discontinued upon the unit's decommissioning. This revision reflects the discontinuation of the thawing service and would improve operational clarity and would ensure that the code remains up to date with current and relevant practices.

    This ordinance was reviewed at the Assembly Public Works and Facilities Committee meeting on February 24, 2025.

    The City Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  6. 8.Ordinance 2025-18 An Ordinance Amending Title 42, Penal Code, Relating to Crime Involving Domestic Violence by Adding Language Consistent with State of Alaska Statutes and House Bill 66.

    In January 2025, the State passed HB66. This bill made several updates to the definiton of "crime involving domestic violence." This ordinance simply matches state code, allowing JPD and our prosecutors to correctly designate crimes as "DV" crimes. By adding this designation, we are able to provide additional safeguards for victims of DV crimes.  

    The City Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  7. 9.Ordinance 2025-20 An Ordinance Addressing Tax Exemptions Spanning Multiple Construction Seasons.

    This ordinance is intended to address properties that are receiving an economic development tax abatement as described in CBJ Code 69.10.023. This ordinance will allow the developer and the Assessor the opportunity to set the 12 years of tax abatement starting year after the developer has received the certificate of occupancy.  The developer and Assessor may decide to retroactively begin the tax abatement, in which case the developer’s property taxes would be recalculated, fines and penalties may be waived by the Treasurer. The developer would still be responsible for property taxes related to the local contribution for education for all years including any fines or penalties associated with that portion of the assessment. This ordinance achieves the completion of economic development projects prior to the tax abatement approval and allows the developer the flexibility to manage cash flows for their project.

    The Committee of the Whole reviewed this request at its February 24, 2025 meeting and forwarded it to the Assembly for adoption.

    The City Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  8. 10.Ordinance 2025-21 An Ordinance Exempting the 2025 Fireworks Display Purchase from Compliance with the Procurement Code.

    At the February 5, 2025, Assembly Finance Committee meeting, the Assembly was presented with several options regarding the July 4th fireworks program. The Assembly asked the City Manager's Office to pursue multiple strategies including an exemption ordinance, issuing a RFP or RFI, and exploring other possible options for future years. This ordinance will allow CBJ to  provide funds for the July 4, 2025, fireworks program.

    The City Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.

  9. 11.Ordinance 2025-22 An Ordinance Authorizing the Manager to Negotiate and Execute a Tidelands Lease for the Purpose of Waterfront Commercial Activities.

    The Lands, Housing and Economic Development Committee received an update on this matter and took public testimony at its February 25, 2025 meeting. 

    The Assembly Committee of the Whole considered this ordinance and its companion Resolution 3098 at its February 25, 2025 meeting and forwarded it to the Assembly for introduction and referral back to the Assembly Committee of the Whole.

    The City Manager recommends this ordinance be introduced and referred back to the Assembly Committee of the Whole.

J.Resolutions

  1. 12.Resolution 3098 A Resolution in Support of the City and Borough of Juneau’s Application to Acquire Tideland from the State of Alaska.

    This resolution, and its companion Ordinance 2025-22, were reviewed at the February 25, 2025 Lands, Housing and Economic Development Committee and Assembly Committee of the Whole meetings. It was forwarded along with Ordinance 2025-22 to the Assembly for introduction with a request to refer it back to the Assembly Committee of the Whole.

    The City Manager recommends this resolution accompany Ordinance 2025-22 and be referred back to the Assembly Committee of the Whole for additional consideration.

  2. 13.Resolution 3093 for Phase 1 HESCO Barrier Project Clean Water State Revolving Fund (SRF) Loan

    This resolution provides Assembly authorization for the City Manager to apply for and execute a loan agreement for up to $7,830,000 for a Clean Water Nonpoint Source Loan from the Alaska Department of Environmental Conservation (ADEC) State Revolving Fund (SRF) to fund the Phase 1 HESCO barrier project and associated costs. The loan would include a 50% subsidy (forgiveness). This loan source, if awarded, can supplant the use of a Central Treasury Loan, Restricted Budget Reserve and use of General Funds as identified in Ordinance 2024-40(am) Section 10. The forgiveness benefit and how it is allocated can be determined by the Assembly at any time in the LID process.

    The Assembly Public Works and Facilities Committee considered this at is February 24, 2025, meeting and forward this resolution to the Assembly.

    The City Manager recommends this resolution be adopted.

  3. 14.Resolution 3097 A Resolution Authorizing the Manager to Apply For, and Enter Into, a Loan Agreement of Up to $1,955,000 with the State of Alaska Department of Environmental Conservation, State Revolving Fund, for the Design of a Pyrolysis Unit at the Mendenhall Wastewater Treatment Plant.

    The CBJ Utility aims to provide effective sewer treatment for the community in a cost-effective manner.  The disposal of biosolids is a major and recurring cost for the Utility; the Utility has spent over $2M per year during the last two years on biosolids transport and disposal.  The nearest landfill willing to accept Juneau’s biosolids is 2,000 miles away and requires multi-modal transport venues.  Juneau’s most attractive option for addressing the biosolids disposal cost issue is the use of an onsite thermal destruction method.  Fortunately, a multi-staged thermal processing method has recently been shown to destroy and/or contain PFAS emissions to safe levels.  BioForceTech, has developed a pyrolysis-based technology for this purpose and has multiple installations operating under strict Federal and State regulatory control  (https://bioforcetech.com/equipment/installations). 

    To facilitate the potential use of this biosolids solution for the CBJ Utility, CBJ would like to apply for a $1,955,000 State Revolving Fund (SRF) loan, where we anticipate we will receive up to 100% forgiveness.  This loan/grant hybrid would provide funding to begin a design phase for a BioForceTech pyrolysis project in Juneau.  Once this step has been completed, the CBJ will determine project readiness and potentially seek funding to construct this addition to the biosolids processing system.

    The City Manager recommends the Assembly adopt this resolution.

  4. 15.Resolution 3092 A Resolution Providing For Interest Rates For The Harbor Revenue Refunding Bond Being Issued Through The Alaska Municipal Bond Bank.

    On December 16, 2024 the Assembly adopted Ordinance 2024-42 which authorized the refinancing of several bonds issues through Alaska Municipal Bond Bank Authority. Ordinance 2025-12, approved on February 3, 2025, revised the maturity dates of the bonds being refinanced. This resolution delegates to the Manager the authority to approve final interest rates for the refinancing of the Harbor Revenue Bonds. The bond refinancing sale is anticipated to occur the last week of March 2025.

    The City Manager recommends the Assembly adopt this resolution.

  5. 16.Resolution 3094 A Resolution Providing For Interest Rates For The Port Revenue Refunding Bond (Non-AMT) Being Issued Through The Alaska Municipal Bond Bank.

    On December 16, 2024 the Assembly adopted Ordinance 2024-42 which authorized the refinancing of several bonds issues through Alaska Municipal Bond Bank Authority. Ordinance 2025-12, approved on February 3, 2025, revised the maturity dates of the bonds being refinanced. This resolution delegates to the Manager the authority to approve final interest rates for the refinancing of the Port Revenue Bonds. The bond refinancing sale is anticipated to occur the last week of March 2025.

    The City Manager recommends the Assembly adopt this resolution.

  6. 17.Resolution 3095 A Resolution Providing For Interest Rates For The Port Revenue Refunding Bond (AMT) Being Issued Through The Alaska Municipal Bond Bank.

    On December 16, 2024 the Assembly adopted Ordinance 2024-42 which authorized the refinancing of several bonds issues through Alaska Municipal Bond Bank Authority. Ordinance 2025-12, approved on February 3, 2025, revised the maturity dates of the bonds being refinanced. This resolution delegates to the Manager the authority to approve final interest rates for the refinancing of the Port Revenue Bonds. The bond refinancing sale is anticipated to occur the last week of March 2025.

    The City Manager recommends the Assembly adopt this resolution.

K.Transfers

  1. 18.Transfer Request T-2508 A Transfer of $1,406,317 from CIP H51-108 Statter Harbor Improvements Phase III to CIP H51-132 Statter Harbor Wave Attenuator.

    This request would transfer $1,406,317 of General Funds from the Statter Harbor Improvements Phase III CIP to the Statter Harbor Wave Attenuator CIP. These funds were obligated to the Statter Harbor Wave Attenuator CIP in Resolution 3065 as CBJ’s cost share of the US Army Corps of Engineers Auke Bay Feasibility Study. This project will investigate the feasibility of installing a floating wave attenuator, among other navigation options, to protect public and private marine facilities from wind-driven waves and vessel wakes. These facilities serve a multitude of commercial and non-commercial users and include public and private moorage facilities, Juneau’s most popular recreational launch ram facility, and only one of two marine fuel facilities between Juneau and Haines.  This request will transfer the unspent balance of Phase III A-C stages of the project. Phase III D will be funded with Docks funds.

    The Docks and Harbors Board reviewed this request at the February 27, 2025, meeting.

    The City Manager recommends approval of this transfer.

L.Liquor/Marijuana Licenses

  1. 19.Liquor License Actions

    These liquor license actions are before the Assembly to either protest or waive its right to protest the license actions.

    Liquor License - New

    Licensee: Devil's Club Brewing LLC d/b/a Devil's Club Brewing Company

    License Type: Restaurant/Eating Place License: #16527 Location: 100 N. Franklin St.

    Liquor License - Transfer

    Transfer From: Triangle Club Inc. d/b/a Triangle Club

    Transfer To: Triangle Syndicate LLC d/b/a Triangle Club

    License Type: Beverage Dispensary License: #1166 Location: 251 Front St.

    Liquor License - Package Store Delivery Endorsement (PSDE)

    Licensee: Alaska Cache Liquor Inc. d/b/a Alaska Cache Liquor

    License Type: Package Store Delivery Endorsement License: #271 Location: 156 S. Franklin St.

    Liquor License - Renewal

    Licensee: Devil's Club Brewing LLC d/b/a Devil's Club Brewing Company

    License Type: Brewery License: #5517 Location: 100 N. Franklin St.

    Licensee: Devil's Club Brewing LLC d/b/a Devil's Club Brewing Company

    License Type: Winery License: #5801 Location: 100 N. Franklin St.

    Licensee: Costco Wholesale Corporation d/b/a Costco Wholesale #107

    License Type: Package Store License: #3352 Location: 5225 Commercial Way

    Licensee: Thibodeau's Market Inc. d/b/a Percy's Liquor Store

    License Type: Package Store License: #849 Location: 214 Front St.

    Licensee: Thibodeau's Market Inc. d/b/a Douglas Depot

    License Type: Package Store License #828 Location: 1017 3rd St. Douglas

    Licensee: Bullwinkle’s, Inc. d/b/a Bullwinkle’s Pizza

    License Type: Restaurant/Eating Place License: #188 Location: 318 Willoughby Ave.

    Licensee: Bullwinkle’s, Inc. d/b/a Bullwinkle’s Pizza

    License Type: Restaurant/Eating Place License: #1690 Location: 9108 Mendenhall Mall Rd.

    Staff from Police, Finance, Fire, Public Works (Utilities) and Community Development Departments reviewed the above licenses and recommended the Assembly waive its right to protest these applications. Copies of the documents associated with these licenses are available in hardcopy upon request to the Clerk’s Office.

    The City Manager recommends the Assembly waive its right to protest the above-listed liquor license actions.

M.Other

  1. 20.FY26 Legislative Capital Priorities

    The Legislative Priorities need to be officially approved by the body. The priorities were last discussed in length at the Special Assembly Meeting with the Juneau Delegation on January 23, 2025. However, they inadvertently were left off the February 3rd Regular meeting. The State priorities have been submitted to CAPSIS and the Federal Congressionally Directed Spending Requests have been entered into Senator Murkowski’s online portal.

    The City Manager recommends the Assembly adopt the enclosed revised version of the FY26 Legislative Priority List.

N.PUBLIC HEARING

  1. 21.Ordinance 2024-01(b)(AD) An Ordinance Appropriating $50,000 to the Manager for the Departure Lounge ADA Elevator Capital Improvement Project; Funding Provided by Airport Revolving Funds.

    This ordinance would appropriate $50,000 to the Departure Lounge ADA Elevator CIP. The funds would be used to hire an architect to conceptually identify locations and associated costs for an elevator in the Departure Lounge. This elevator would serve the Departure Lounge to the 121 Air Carrier apron and would facilitate ground boarding for passengers who are unable to navigate stairs to board at Gate 6 or when ground boarding is necessary. The total cost of the design and installation is currently estimated at $2.5M and has been deemed eligible for Federal FAA funding.

    The Airport Board of Directors reviewed this at the December 12, 2024 meeting.  The Systemic Racism Review Committee reviewed this ordinance at its February 4, 2025, meeting.

    The City Manager recommends the Assembly take public testimony and adopt this ordinance.

  2. 22.Ordinance 2024-01(b)(AE) An Ordinance Appropriating $3,000,000 to the Statter Harbor Improvements Phase III Capital Improvement Project; Funding Provided by Docks Funds.

    This ordinance would appropriate $3,000,000 to Phase III-D of the Statter Harbor Phase III CIP. Phase III-D of the project would provide for the installation of new curb, gutter, lighting, paving and landscaping at the excursion bus parking lot around the restroom facilities. These improvements primarily serve cruise tourism at Statter Harbor, therefore the use of Docks funds for this phase is appropriate. 

    The Docks and Harbors Board of Directors reviewed and recommended approval of this ordinance at the January 30, 2025 regular Board meeting. The Systemic Racism Review Committee reviewed this ordinance at its February 4, 2025, meeting.

    The City Manager recommends the Assembly take public testimony and adopt this ordinance.

  3. 23.Ordinance 2025-09am An Ordinance Amending the City and Borough Code Relating to Assessing Standards of Property Tax.

    This ordinance was drafted in response to the passage of SB179 by the State. It was reviewed by the Assembly Finance Committee (AFC) on January 8, 2025 and forwarded to the full Assembly. On February 3, 2025, the Assembly sent this ordinance back to the AFC for further discussion of economic development exemptions. At the February 5, 2025, AFC, two amendments were made and have been incorporated.  

    The Systemic Racism Review Committee reviewed this ordinance at its February 4, 2025 meeting.

    The City Manager recommends the Assembly take public testimony and adopt this ordinance.

  4. 24.Ordinance 2025-14 An Ordinance Amending the City and Borough Title 29 Code Relating to Election Processes and Procedures.

    In 2024, the Clerk’s Office received four petitions from citizens trying to engage in direct democracy. About 15% of the signatures initially turned in were rejected. Of those, more than half were rejected due to the strict, and outdated, requirements laid out in 29.10.090 about what is an ‘adequate’ address. This section of code was written before Clerk staff had real-time access to the State Division of Elections Voter Database (VREMS) which allows staff to quickly verify if a person is a Juneau resident who is eligible to sign a petition.

    This led Clerk staff to propose Ordinance 2025-14, with the help of the Law Department. This ordinance removes many technical or procedural actions throughout the entire election code and places them into Rules of Procedure, which will allow election staff to better adapt to changing technologies. It also requires that the Rules of Procedure be available to the public online. This ordinance removes redundancies, rewrites complex language, and updates terminology definitions to make the code more readable by the public.

    Additionally, this ordinance provides some minor changes in timing, including the candidate filing period and when ballots are mailed out. The Municipal Clerk recommends the below timing so the ordinance, if adopted by the Assembly, would take effect before the April 2025 initiative/referendum cycle begins.

    The Systemic Racism Review Committee reviewed this ordinance at its February 4, 2025, meeting.

    The Assembly Committee of the Whole reviewed this ordinance at its February 24, 2025, worksession and forwarded it to the Assembly for adoption.

    The City Manager recommends the Assembly take public testimony and adopt this ordinance.

O.NEW BUSINESS

  1. 25.Hardship and Senior Citizen/Disabled Veteran/Non-Profit Late-Filed Real Property Tax Exemption Application

    There is 1 property owner that has requested the Assembly authorize the Assessor to consider a late-filed exemption for their property assessment.

    The Assembly should consider the request and determine whether the property owner was unable to comply with the April 30 filing requirement. A.S. 29.45.030(f); CBJC 69.10.021(d). The burden of proof is upon the property owner to show the inability to file a timely exemption request. If the Assembly decides to accept the late-filed exemption request, the application will be referred to the Assessor for review and action.

    The City Manager recommends the Assembly act on this application.

P.STAFF REPORTS

  1. 26.HESCO Barrier Notice to Property Owners and MOU-DRAFT

Q.ASSEMBLY REPORTS

Mayor's Report

Committee and Liaison Reports

Presiding Officer Reports

R.ASSEMBLY COMMENTS & QUESTIONS

S.CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

T.EXECUTIVE SESSION

  1. 27.Discussion on Collective Bargaining - if needed.

    The City Manager recommends the Assembly recess into executive session to discuss an update to collective bargaining negotiations, the immediate knowledge of which would adversely affect the finances of the municipality.

    Suggested Motion: I move that the Assembly enter into Executive Session to discuss collective bargaining negotiations, the immediate knowledge of which would adversely affect the finances of the municipality and ask for unanimous consent. 

U.SUPPLEMENTAL MATERIALS

V.ADJOURNMENT

W.INSTRUCTION FOR PUBLIC PARTICIPATION

The public may participate in person or via Zoom webinar. Testimony time will be limited by the Mayor based on the number of participants. Members of the public that want to provide oral testimony via remote participation must notify the Municipal Clerk prior to 4pm the day of the meeting by calling 907-586-5278 and indicating the topic(s) upon which they wish to testify. For in-person participation at the meeting, a sign-up sheet will be made available at the back of the Chambers and advance sign-up is not required. Members of the public are encouraged to send their comments in advance of the meeting to BoroughAssembly@juneau.gov.

ADA accommodations available upon request: Please contact the Clerk's office 36 hours prior to any meeting so arrangements can be made for closed captioning or sign language interpreter services depending on the meeting format. The Clerk's office telephone number is 586-5278, e-mail: city.clerk@juneau.gov.