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, August 29, 2011
Immediately following the Assembly Committee of the Whole Meeting, which begins at 6 p.m.
Assembly Chambers – Municipal Building
Special Meeting No. 2011-20

 

Submitted by:  Rod Swope, City Manager

 

I. FLAG SALUTE

II. ROLL CALL

III. APPROVAL OF MINUTES

A. August 22, 2011 – Regular Assembly Meeting 2011-19

IV. MANAGER’S REQUEST FOR AGENDA CHANGES

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

VI. 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 2011-23
An Ordinance Amending the Official Zoning Map of the City and Borough Relating to the Zoning of U.S. Survey 381 FR, Located at the Corner of Atlin Drive and Mendenhall Loop Road, and Repealing Ordinance Serial No. 2011-18.

This ordinance would repeal Ordinance 2011-18, rezoning certain property on Atlin Drive. The City Attorney has determined that Ordinance 2011-18 violates a provision of the Land Use Code, CBJ 49.75.120, Restrictions on Rezonings, and recommends that the ordinance be repealed. The third sentence in CBJ 49.75.120, provides: “A rezoning shall not allow uses which violate the land use maps of the comprehensive plan.” This is a narrow restriction; it only relates to uses – developments that are allowed in zoning districts – and it is based only on the comprehensive plan maps (the language of the comp plan is much more likely to be ambiguous). Accordingly, under this code section, to the extent that uses are designated by the maps, that designation restricts rezonings. CDD has made clear that the comprehensive plan maps would in fact limit the uses in this case; and, accordingly, the City Attorney recommends against rezoning to a Light Commercial zoning designation as it would violate CBJ 49.75.120.

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

VII. NEW BUSINESS

A. Review of Proposed Petersburg Borough Formation

On August 5, 2011, the Local Boundary Commission gave notice of the filing of a petition to form the Petersburg Borough and to dissolve the City of Petersburg. If approved, the new Petersburg Borough would consist of approximately 4,347 square miles (approximately 3,365 square miles of land, and 982 square miles of water). Some of the land included in the proposed borough incorporates land that has been previously identified as part of Juneau’s ideal model boundaries.

At the Regular Assembly Meeting of August 22, 2011, Mayor Botelho urged the assembly to review the Final Report and Findings of the CBJ Annexation Study Commission (January 2007) and, after doing so, authorize the timely filing of a “responsive brief” in the proceedings before the Local Boundary Commission. That deadline is October 26, 2011.

The work of the CBJ Annexation Study Commission in 2007 can be found on-line at:

http://www.juneau.org/clerk/boards/Annexation_Study_Commission/CBJ_Annexation_Study_Commission.php

Information regarding the current Petersburg Petition for Borough Formation can be found on-line at:

http://www.ci.petersburg.ak.us

and

http://www.commerce.state.ak.us/dca/lbc/petersburg_incorp.htm

B. Review of Bartlett Regional Hospital Management Contract Request for Proposals

VIII. ASSEMBLY COMMENTS AND QUESTIONS

IX. EXECUTIVE SESSION

X. 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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