ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, October 24, 2005 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2005-30

Submitted by: Rod Swope, City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. SPECIAL ORDER OF BUSINESS

A. Honoring outgoing Assemblymembers
B. Swear-in incoming Assemblymembers
C. Employee Recognition – Jim Livingston
D. Proclamation – Juneau Recycles Day

IV. APPROVAL OF MINUTES

A. October 10, 2005 – Regular Meeting 2005-28

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 2005-33      Map
An Ordinance Prohibiting The Discharge Of Firearms Within One-Quarter Mile Of The Mount Roberts Trail, And Providing For A Penalty.

This ordinance is sponsored by Mayor Botelho at the request of local author Robert H. Armstrong. It would prohibit the discharge of firearms within one-quarter mile of the Mount Roberts Trail, from April 15, through October 15. The purpose is to reduce danger from the discharge of firearms near the trail during the times of year when the trail has significant use by tourists and users of the Mount Roberts Tram. Mr. Armstrong reports having observed many occasions when hunting use and tour use of the trail conflict. The Lands Committee considered this ordinance at its meeting of October10, and recommend that it be introduced and set for public hearing; the Assembly so ordered on the same day.

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

b. Ordinance 2005-35         Map      Backup
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of USS 1939, Tract C, Lots 1, 2, And 3; USS 2909, Lots 1, 2, 3 And 4; Fr. USS 3812; ATS 478; And ATS 741, Located Along The North Shore Of Auke Bay, Currently Zoned D-5, Residential, To WC, Waterfront Commercial.

This ordinance would change the zoning of the above listed properties located on the north shore of Auke Bay from D-5 single-family residential to WC, Waterfront Commercial.

The properties are located between Fisherman’s Bend Marina and Spaulding Beach Condominiums. Well-attended neighborhood meetings were held by Community Development staff on July 20 and August 17, 2005 to discuss this item with local residents. The Planning Commission held a public hearing on September 27, 2005 and voted 7 to 1 to change the zoning to Waterfront Commercial subject to the following condition:

1) A 20-foot buffer of natural vegetation shall be retained along the western property line of USS 1939, Tract C, Lot 3.

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

c. Ordinance 2005-36        Map        Backup
Ordinance Relating To Zone Change USS 2391
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of USS 2391, Lot X, Located In The Auke Lake Area, Currently Zoned D-3, Single-Family Residential, To D5(T)D10, D5 Single Family Residential, Transitional To D10, Multifamily Residential.

This ordinance would change the zoning of Lot X USS 2391, from D-3 single-family residential to D-5single-family residential and to D-10 multifamily if access improvements are provided.

The lot is bordered by Lee Street and the Back Loop Road. The applicant requested zoning be changed to D-15 multifamily. A well-attended neighborhood meeting was held by Community Development staff on August 17, 2005 to discuss this item with local residents. Safe access to the parcel was a significant concern raised by those who attended the neighborhood meeting. The Planning Commission held a public hearing on September 27, 2005 and unanimously approved changing the lot’s zoning to D-5 with the option of increasing the density to D-10 multifamily residential if access to the lot is improved. Transition to D-10 zoning would be subject to the following condition:

1) Prior to a zone change to D-10 Multifamily, Lee Street shall be improved to standards required for streets within the Urban Service Boundary as required in CBJ49.35 PUBLIC IMPROVEMENTS and CBJ49.40 ACCESS, PARKING AND TRAFFIC, unless safe access is provided from an alternative location equivalent or superior to that provided by Lee Street.

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

d. Ordinance 2005-11(O)       Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $337,843 As Partial Funding For The Purchase Of Four Capital Transit Buses, Funding Provided By The United States Department Of Transportation, Federal Transit Administration.

This ordinance appropriates the remaining $337,843 United States Department of Transportation, Federal Transit Administration grant for the purchase of four Capital Transit buses.

The first portion of the grant was appropriated by Ordinance 2005-11(D) on August 8, 2005. These buses will be 35 foot, low-floor accessible buses similar in design to the buses purchased since 2000.

The funds require a 20% match of local funds, which are provided by the Fleet Replacement Reserve and a part of the current Capital Transit Fiscal Year 2006 Budget.

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

2. Resolutions

a. Resolution 2333
A Resolution Adopting An Alternative Allocation Method For The Fiscal Year 2006 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Northern Southeast Fisheries Management Area.

This resolution will authorize the acceptance of CBJ’s share of the FY2006 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 upon allocation method, as approved by the State of Alaska’s Department of Community and Economic Development. It is anticipated that the CBJ will receive approximately $17,508 in FY2006 from this State shared revenue program.

I recommend this resolution be adopted.

b. Resolution 2334
A Resolution Expressing Assembly Opposition To A Passport Requirement For Travel Between Canada And The United States.

This resolution would express Assembly opposition to any requirement for a passport for travel between the United States and Canada. The U.S. Departments of Homeland Security and State have proposed a rule requiring secure ID for such travel; the proposed federal rule is now in its 60-day comment period. The basis for the expressed opposition is that a passport requirement would make travel between the U.S. and Canada less convenient, and accordingly reduce tourism, access to the capital city, and exchange with Juneau's sister city, Whitehorse. The Canadian Consul wrote Mayor Botelho encouraging CBJ to comment on the proposed rule.

I recommend this resolution be adopted.

c. Resolution 2335
A Resolution Reestablishing The Assembly Rules Of Procedure, And Repealing Resolution No. 2291.

This resolution amends the Assembly Rules of Procedure regarding the duties of the Assembly Lands Committee, adding responsibilities formerly addressed by the Waterfront Development Committee, and regarding housing. The Assembly considered this matter at its retreat on October 20, and recommended the changes.

I recommend this resolution be adopted.

3. Transfers

a. Transfer T-823    Budget Impact
Transferring $10,000 From The Eaglecrest Deferred Maintenance Capital Improvement Project To A New Project, Eaglecrest Trail Improvements

Eaglecrest currently has a CIP project with $371,171 for deferred maintenance. In order to get the primary run from the top of the mountain open as early in the season as possible, Eaglecrest requests a transfer of $10,000 from this account into a new CIP project labeled Eaglecrest Trail Maintenance.

The ski runs at Eaglecrest require as much as three feet of snow in critical areas in order to operate. Eaglecrest is beginning a multi-area project which will allow removal of stumps, brush, and other obstacles to be removed. In addition, installation of culverts to control runoff will be installed. A new fund raising program “Adopt-A-Run” which will allow area businesses to be recognized for their contribution to the area will fund these improvements.

This $10,000 transfer will allow the account to be established and provide an incentive for area businesses to contribute.

VIII. PUBLIC HEARING

A. Ordinance 2005-31     Map
An Ordinance Amending The Official Zoning Map Of The City And Borough To Change The Zoning Of Parts Of The West Mendenhall Valley, Including Parcels TR B2, USS 1796; TR 1, USS 2178; And All Parcels Within Blueberry Acres Subdivision, Currently Zoned D-1 Residential, To D-3 Residential.

This ordinance changes the zoning of approximately 74-acres of land west of Montana Creek Road from D-1 single family residential to D-3 single family residential. This rezone is subject to three conditions:
• There shall be no development in areas where wetlands and floodplains coincide.
• For the parcels that are subject to development restrictions as set forth in condition #1, development of wetlands outside of the floodplain shall be deemed consistent with the Juneau Wetlands Management Plan.
• The development rights of the land subject to development restrictions, as set forth in condition #1 shall be transferable to the adjacent upland areas using the Planned Unit Development process.
The Planning Commission unanimously recommended this zone change be adopted at its August 23, 2005 meeting.

I recommend this ordinance be adopted.

B. Ordinance 2005-34    Backup
An Ordinance Repealing Chapter 05 Of The Business Regulations Code Relating To Itinerant Merchants, Solicitors And Peddlers.

This ordinance amends Title 20, the CBJ Business Regulations Code, to repeal Chapter 05 relating to licensing of itinerant merchants, solicitors and peddlers. This chapter was part of the code of the Greater Juneau Borough and remains in the CBJ code largely in its original form.

The City Attorney has determined that the itinerant merchants code is outdated and unconstitutional.

In addition, the CBJ is not able to enforce the ordinance uniformly. In practice the only vendors who apply for a license are those who ask about requirements and then submit an application. Anyone can go door-to-door soliciting and the CBJ has no way of knowing unless someone happens to report it.

I recommend this ordinance be adopted.

IX. UNFINISHED BUSINESS


X. NEW BUSINESS

A. Docks and Harbors Proposed Regulations
Small Boat Harbor Annual Moorage Fee Refund

These regulations allow the Docks and Harbors Department to provide refunds of annual moorage fees to reserved moorage stallholders if they sell their vessel or remove their vessel from the CBJ harbor system. The Docks and Harbors Board provided notice of intent to adopt the regulations on September 1 in the Juneau Empire, at the Docks and Harbors Offices, on www.juneau.org, www.cbjlaw.org, and at the CBJ Libraries. The Board held public hearings on September 15 and 29 and adopted the regulations at its September 29, 2005 meeting.

This regulations will not require an increased appropriation of general funds by the municipality.

I recommend the Assembly allow the regulations to take effect.

B. Applications to Assessor
Senior Citizen/Disabled Veteran Homeowners Application For Hardship Exemption Late File

Alaska Statute 29.45.030(f) provides, "The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed." Applications for subject Hardship Exemption were due in the Assessor's office by April 30, 2005 in accordance with CBJ Ordinance Serial No. 2002-37.

1. Mary R Hargrave; 5B2501140060; 3772 Julep Street

2. Harriet T Botelho; 8B3501040010; 17995 Pt Stephens Rd

C. Applications to Assessor
Senior Citizen/Disabled Veteran Real Property Tax Exemption Application Late File

Alaska Statute 29.45.030(f) provides, "The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed." Applications for subject Senior Citizen Real Property Tax Exemption were due in the Assessor's office by March 31, 2005.

1. Clair D Markey; 5B2101550130; 8501A Rainbow Row

2. Jerry E Hauf; 5B1201280210; Churchill Ct #21

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 at the Juneau Municipal Libraries

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.


 

Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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