This ordinance would authorize the Manager to finalize a land exchange between the CBJ and Christ Evangelical Lutheran Church. 

In order to develop CBJ property on Pederson Hill to meet housing needs, the CBJ must first secure access routes to the property from Glacier Highway.  Christ Evangelical Lutheran Church has demonstrated interest in an equal area land trade that would be mutually beneficial.  As a result of the land trade, the CBJ would  gain a reliable access point that allows for cost effective development of utilities as well as a four-way intersection off of Glacier Highway that was recommended by Alaska DOT&PF.  Christ Evangelical Lutheran Church gains land that could be developed for future expansion, safe direct access to the proposed right-of-way, as well as a driveway and future sewer hook-up. This land trade would facilitate the next phase of planning and development of the Pederson Hill residential subdivision and provide access for future projects higher up on Pederson Hill.   

On April 14, 2015, the Planning Commission reviewed and recommended approval of this land trade.  The Lands Committee expressed its support for the land trade at its meeting on May 4, 2015.

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

This ordinance would create Local Improvement District (LID) No. 62 for the purpose of paving streets within the McGinnis Subdivision.  The streets to be paved are: Steelhead Street, Silver Street, Hummingbird Lane, Heron Way, and Wren Drive.  The total project cost is $3,000,000.  The total of all proposed assessments for this LID is $472,000.

An informal poll of the property owners was conducted. The informal ballots were due on April 8, 2015.  Eighty-three responses were received from a total of one hundred and twenty-five properties.  Of those responses received, fifty-eight were in favor of the LID, and twenty-five opposed it.

LID 62 was reviewed by the Public Works and Facilities Committee at its April 13, 2015, meeting and forwarded to the full Assembly for approval.

Notice of the June 8, 2015, public hearing were mailed to the residents in the LID area and published in the newspaper as required by CBJ 15.10.040.  At the public hearing, affected property owners will have an opportunity to object to the formation of the district.  

This ordinance would amend CBJ Chapter 49.45, the Signs Code, relating to enforcement of the Signs Code regulations, by changing violations from criminal infractions to a civil violations, and by amending the currently imposed staggered penalty ($25, $50, and $100)  to a $500 per day, per offense penalty with a 15-day grace period. After noticing the decline in sign compliance and the inherent disincentive for compliance in existing Code ($25 to put up a sign without a permit vs. $50 to apply for a permit), the Historic Resources Advisory Committee (HRAC) initiated this amendment.

The HRAC unanimously voted in support of the amendment at its December 9, 2014, meeting. The Title 49 subcommittee also unanimously supported the change at its January 27, 2015, meeting. At its meeting on April 14, 2015, the Planning Commission voted to recommend approval of the amendment to the full Assembly. 

In 2009, Resolution Serial No. 2535 authorized the Manager to lease the area between the JACC and Centennial Hall to the State of Alaska for employee parking for one year with four one-year renewals.  The last renewal is set to expire on June 30, 2015.  The State of Alaska is requesting a new lease for one year, with four one-year renewals.  The current fair market rent of the site is $122,760, which is based on 155 parking spaces. The State manages and provides winter maintenance of the leased area.

There is a slight change of the size of the leased area on paper to more accurately reflect the 155 parking spaces being leased. Resolution No. 2535 described the leased area as 1.39 acres (60,629 square feet) but the actual leased area was less. This ordinance clarifies the 155 parking spaces being leased comprise 1.31 acres (57,063 square feet). Despite the area clarification, the leased area still provides the 155 requested parking spaces, which is how the appraisal was calculated (155 parking spaces x $66/month per space x 12 months= $122,760).

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

This non-code ordinance would authorize the Manager to enter into a capital improvements by agreement contract with two property owners along the unpaved portion of Eagle Street, pursuant to CBJ 15.10.290.  Per the agreement, the two Eagle Street property owners would each pay a $3,800 contribution towards the overall cost of paving and related improvements to a currently unpaved portion of Eagle Street. The total cost of the project is estimated to be $13,800.

The agreement would allow the owners’ contribution to be financed over a period of ten years, at an annual interest rate equivalent to the 15-year mortgage interest rate at the time of the approval of this ordinance.

The CBJ will be repaving Eagle Street through the Pavement Management CIP this summer and would pave the unpaved easterly 100’ as part  of the project, if this ordinance is approved. 

The issue was reviewed by the Public Works and Facilities Committee at its April 13, 2015 meeting, which recommended forwarding it to the full Assembly for approval.

This ordinance would appropriate $83,800 in grant funding to the CBJ as partial funding for a Crisis Intervention Team (CIT).  Grant funding provided by the Juneau Community Foundation Hope Endowment Fund.

The CIT will enhance community partnership in addressing mental health issues in our community by utilizing designated resources to assist persons with mental health disorders.  The core function for the CIT is to provide services to individuals suffering from mental health, and to their families opposed to referring them to the Criminal Justice System. 

The funds from the grant would be for thirteen months and would fund the CIT at the Juneau Police Department (JPD).  The grant would be used on an existing CIT Detective’s salary as well as provide training to a select group of JPD personnel to join the already established Mental Health Community.  The allocated funds would be used for six months of the CIT Detective’s salary, and overtime for (5) police officers, (1) community service officer, and (2) dispatchers to attend training.  The remaining funding would be used to provide internal department training. The JPD’s existing operating budget will cover the remaining six month salary for the CIT Detective.

This ordinance would appropriate $706,400 for increases in FY15 operational costs among several CBJ departments. Funding is provided by departments’ fund balances, the general fund balance, and Roaded Service Area fund balance. 

Airport 

The Airport anticipates exceeding its FY15 budgeted spending authority by $104,800. This is due to construction on Alex Holden Way.  The anticipated funding for this is Current Year Revenues Exceeding Projected Budget. 

Eaglecrest 

Eaglecrest is anticipating a potential $50,000 shortfall in the current fiscal year operating budget due to low snowfall. The anticipated funding for this is a draw on its Fund Balance. 

Law 

The Law Department is anticipating a $14,600 shortfall in the current fiscal year operating budget due to increased misdemeanor offender man-days in the 3rd Quarter of FY15 related to Prisoner Care Expenses.  The anticipated funding for this is General Fund’s Fund Balance. 

Downtown Parking 

Downtown Parking anticipates exceeding its FY15 budgeted spending authority by $37,000. The increase is due to expected completion of work on the Transit Center Doors.  The anticipated funding for this is a draw on the Parking Fund Balance. 

Juneau School District 

This $500,000 of increased expenditure authority funds the Juneau School District to the FY15 State spending CAP.  This increase would be funded with Roaded Service Area Fund Balance. 

The Assembly Finance Committee reviewed and approved these increases at its meeting on May 6th, 2015.

This resolution would adopt the Capital Improvement Program (CIP) for Fiscal Years 2016 through 2021, as required by Charter Section 9.4, and lists the capital projects that will be undertaken in FY 2016. 

The Public Works and Facilities Committee (PWFC) reviewed the CIP at its meeting on February 9, 2015 and forwarded the plan to the Assembly.

The CIP Resolution was: introduced at the Special Assembly meeting on April 1, 2015 and referred to the Assembly Finance Committee (AFC), reviewed at the April 8, 2015 AFC meeting, open for public comment during the Assembly meeting on April 27, 2015, and referred back to the AFC for review at the meeting on May 6, 2015.  The AFC approved Resolution 2713(c) as amended and referred it to the Assembly for adoption.

Resolution version (d) amended the Marine Passenger Fee Priorities (MPF) – Waterfront Seawalk project, from $885,200 to $800,200 to equal the MPF amount approved, in a separate action, by the AFC May 6, 2015.

The Manager recommends this resolution be adopted.

Transferring $240,000 of Sale Tax Revenues from the nearly completed Tanner Terrace Reconstruction capital improvement project to provide additional funding necessary to complete the Back Loop Auke Bay Waterline capital improvement project.    

The water main being replaced by the ADOT Fritz Cove to Seaview Reconstruction Project is a part of the original University water system and needs to be upgraded due to being old and undersized (not able to carry the volume of water needed to efficiently supply water from the CBJ water sources – LCB and Salmon Creek – to the customers out the road).  The remaining portions of the water system within the ADOT project limits have already been upgraded as parts of past projects.  An updated estimate came in significantly higher than initially thought, with project costs estimated at $540,000.  The project is anticipated to be during the summer 2015 and constructed in 2016.   The Tanner Terrace project is substantially complete with minor punch list items and project closeout to be completed in the near future.

Transfer From -

Transfer To –

The Public Works and Facilities Committee reviewed this request and forwarded to the full Assembly with a recommendation of approval at its May 4, 2015 meeting. 

Ordinance 2015-19 establishes the mill rates for property taxes for 2015, which funds a significant portion of the City and Borough of Juneau’s FY16 operating budget. The Charter requires the assembly to adopt, by ordinance, the tax levies necessary to fund the budget before June 15.

The mill levies presented in this ordinance support the Manager’s FY16 Revised Budget that has been reviewed by the Assembly Finance Committee. 

An opportunity for public comment took place on April 27, 2015.  The Assembly Finance Committee approved a motion on May 6, 2015 to move the proposed mill rates on to the Assembly for action on May 18, 2015.  

This ordinance proposes a total mill levy of 10.76 (which is unchanged from the FY15 total levy), the components of which are:

Ordinance 2015-20(b) appropriates $321,043,000 for the City and Borough of Juneau’s FY16 operating budget, excluding the School District.  It is necessary to appropriate all transfers between funds that support operations, debt service and capital projects as well as the associated expenditure within the funds themselves.  These transfers account for $87,884,300 of the FY16 operating budget.     

The original ordinance was introduced at the April 1, 2015 Special Assembly meeting and referred to the Assembly Finance Committee for deliberation.  The Finance Committee held 6 meetings/work sessions on the budget.  The Assembly Finance Committee moved the amended budget ordinance back to the full Assembly at its May 6, 2015 meeting. The Charter requires adoption by June 15, 2015.

 Ordinance 2015-21(b) would appropriate to the School District an FY16 operating budget of $85,616,500.  The School District’s operating budget is:

The FY16 school budget is supported with a combination of funding sources that includes local funding of $25,696,000.  This consists of $24,926,000 for general operations, and $770,000 for activities funding outside the State CAP.  This includes student activities funding of $565,000, $70,000 for pupil transportation and $135,000 for Community Schools.  The $24,926,000 in general operations support is an increase of $399,100 over FY15.  The $770,000 for activities funding is an increase of $392,500 over FY15.

The original ordinance was introduced at the April 1, 2015 Special Assembly meeting and referred to the Assembly Finance Committee for deliberation.  The Assembly Finance Committee moved the amended ordinance at its May 6, 2015 meeting.

In 2001, Resolution 2098 authorized the Manager to lease a 0.25-acre parcel of land at the end Crazy Horse Drive to the Southeast Alaska Food Bank for $1 per year for 25 years, for the purpose of operating a charitable food distribution warehouse. Over the past 14 years, the Food Bank has provided a food distribution system for service groups assisting those in need throughout Southeast.  The Food Bank now seeks to expand their leased area in order to meet increasing demand.

The Planning Commission reviewed this proposal at its March 10, 2015, meeting, and recommended forwarding to the full Assembly for approval.

At its March 23, 2015, meeting, the Lands Committee unanimously supported adopting an ordinance authorizing the conveyance of a 25-year lease to the Southeast Alaska Food Bank.

The CBJ granted Alaska Department of Transportation and Public Facilities an access easement across Docks and Harbors managed property slated for the new Statter Harbor Launch Ramp project.

ADOT/PF construction in the easement caused alteration to the design of the necessitating construction of a retaining wall where a vegetated slope was planned. To mitigate this impact to the project, ADOT/PF agreed to compensate D&H up to $100,000 for costs related to the retaining wall feature. The total cost related to the retaining wall was $112,182.

In accordance with the agreement, ADOT/PF has made payment to CBJ of $100,000 for costs associated with the retaining wall. This appropriation ordinance would accept those funds into the Statter Harbor Launch Ramp CIP account.  Docks and Harbors will cover the remaining $12,182.

The Public Works and Facilities Committee reviewed this item at its April 13, 2015 meeting, and recommended forwarding to the full Assembly for approval.  The Docks and Harbors Board will considered this item at its April 30, 2015 meeting, and recommended forwarding to the full Assembly for approval.

This ordinance would appropriate $161,178.55 in 2009 GO School Bond income to pay down school related bond debt.

Funding provided by unexpended 2009 GO School Bond income from the completed school district capital improvement project (CIP) DZ Covered Play Area (S02-091).  This ordinance would close the CIP. 

Transfer T-952 was approved on February 24, 2014 by the Assembly, but the State of Alaska Department of Education and Early Development (ADEED) only approved the transfer of $38K and $88.8K, leaving the remainder of $161K to go to debt service.

The Public Works and Facilities Committee approved this action at its February 9, 2015 meeting, and recommended forwarding to the full Assembly for approval.  The Juneau School Board approved this action at its February 10, 2015 meeting, and recommended forwarding to the full Assembly for approval.

The Manager recommends this ordinance be adopted.

This Ordinance would appropriate $110,000 of Water Fund’s Fund Balance to fund the water system replacement during the paving of Dunn Street.

The resident requested Dunn Street Paving Project was approved by the Public Works and Facilities Committee on March 23, 2015.

The water system is in poor condition requiring replacement prior to paving the roadway, the Public Works and Facilities Committee reviewed and approved this request for appropriation of water revenues at its April 13, 2015 meeting.

The Manager recommends this ordinance be adopted.

CBJ Code 01.50.140, Decision on the appeal, provides the process for the Assembly's decision:

(a)    Form and contents. All decisions shall be written and must contain findings of fact and a determination on each of the issues presented. A decision may affirm, modify, or set aside an agency decision in whole or in part. A decision may be to remand any issue to the agency. Following adoption of the decision by the appeal agency or hearing officer, the municipal clerk shall deliver or mail the decision to the parties or their representatives.

(b)   Appeal agency decisions. In an appeal heard by the appeal agency:

(1)    The attorney, if any, who advised the appeal agency at the hearing may be present during the deliberation on the decision of the case, and if requested, shall assist and advise the appeal agency;

 

(2)    A member of the appeal agency who has not heard the evidence in person at the hearing may not participate in the decision;

 

(3)    Deliberation shall be in executive session unless the agency votes to deliberate in open session; and

 

(4)    The appeal agency shall itself prepare and adopt a written decision no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any; or the appeal agency may direct the attorney who advised the appeal agency, if any, or the prevailing party to prepare a proposed decision. A proposed decision prepared by the advising attorney or the prevailing party shall be filed with the municipal clerk and served on each party to the appeal or the party's representative no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any. The parties may file written objections to the proposed decision with the municipal clerk within five days after service of the proposed decision. The proposed decision and any objections to the proposed decision shall be placed before the appeal agency at the first regular meeting at which the matter may be scheduled or at a special meeting called for that purpose.

The Committee of the Whole met on May 4 and reviewed the draft decision and provided comments to the attorney in executive session. The draft decision in the packet was distributed to the parties on May 6, and written comments from the parties were due by May 11 and can be found in the packet.

CBJ Docks and Harbors received twenty-eight different project proposals from eight different artists for art for the cruise ship berths project. The nine-member Assembly appointed Art Selection Panel reviewed the submittals, narrowing the field to four proposals for final consideration.

The Panel (one member absent) gave final consideration of the proposals on April 20, 2015 and unanimously adopted a motion recommending the Assembly approve Cliff Garten’s art proposal for the Cruise Berths Project. The Docks and Harbors Board reviewed the proposal at its regular meeting on April 30, 2015 and recommended the Assembly approve the Cliff Garten proposal. The May 4, 2015 Public Works and Facilities Committee meeting discussed the proposal as an information item and forwarded it to the Assembly.

The Manager recommends approval of the 1% for Art Proposal for Juneau Cruise Berths Project.

In January 2015, the applicant applied to have Tract B1 of USS 1568, located at 7400 Glacier Highway, rezoned from D-5 to a mix of D-18 and LC (Light Commercial).  Staff's recommendation was that the Commission recommend approval of the rezone to D-18 and denial of the rezone to LC.

At its April 14, 2015, meeting, the Planning Commission voted to recommend denial of the rezone application in full.  The applicant filed a timely protest as required by Ordinance 2014-14. 

Once a timely protest is received, a draft ordinance providing for the rezone is prepared for the Assembly to consider. Because the Commission has recommended that the rezone request be denied, the ordinance could not be drafted to include findings that the rezone criteria outlined in CBJ 49.75.120 have been met.  Such findings will need to be made by the Assembly should the Assembly decide to approve the rezone.

The draft ordinance will be introduced on June 8, 2015.  The Assembly may schedule a special hearing on the draft ordinance prior to public hearing on June 29, 2015, or it may direct that the ordinance proceed to public hearing as per normal practice. 

After public hearing, the Assembly may approve the rezone request or deny the rezone request.  If the Assembly decides to approve the rezone request, it must find that the proposed zoning district and uses allowed therein are in substantial conformance with the land use maps of the City and Borough Comprehensive Plan.    

In January 2015, the applicant applied to have Lot 5 Block B Alaska Juneau IV-11; Lot 10 – 15 Block B Alaska Juneau V; and Lot 2 Block A Alaska Juneau IV-11, located on Mill Street and Eastaugh Way, rezoned from I (Industrial) to MU (Mixed-Use). Staff recommended that the rezone request be denied.
 

At its April 14, 2015, meeting, the Planning Commission adopted Staff's analysis and findings, recommending that the rezone request be denied.  The applicant filed a timely protest as required by Ordinance 2014-14.  

Once a timely protest is received, a draft ordinance providing for the rezone is prepared for the Assembly to consider.  Because the Commission has recommended that the rezone request be denied, the ordinance could not be drafted to include findings that the rezone criteria outlined in CBJ 49.75.120 have been met.  Such findings will need to be made by the Assembly should the Assembly decide to approve the rezone.

The draft ordinance will be introduced on June 8, 2015.  The Assembly may schedule a special hearing on the draft ordinance prior to public hearing on June 29, 2015, or it may direct that the ordinance proceed to public hearing as per normal practice. 

After public hearing, the Assembly may approve the rezone request or deny the rezone request.  If the Assembly decides to approve the rezone request, it must find that the proposed zoning district and uses allowed therein are in substantial conformance with the land use maps of the City and Borough Comprehensive Plan.