ASSEMBLY AGENDA/MANAGER'S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
May 19, 2014  7:00 PM

Assembly Chambers - Municipal Building
Regular Meeting No. 2014 - 15

 

 Submitted by: _____________________________
Kimberly A. Kiefer
City and Borough Manager

I. FLAG SALUTE
II. ROLL CALL
III.SPECIAL ORDER OF BUSINESS
A.John Kern, Capital Transit Superintendent
B.Bonnie Chaney, Budget Analyst
C.Chuck Bill, New Bartlett Regional Hospital CEO
IV.APPROVAL OF MINUTES
A.April 21, 2014 - Special Assembly Meeting 2014-12
B.April 23, 2014 - Special Assembly Meeting 2014-13
C.April 28, 2014 Regular Assembly Meeting 2014-14
V.MANAGER’S REQUEST FOR AGENDA CHANGES
VI.PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
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 2014-14 An Ordinance Amending the Land Use Code Relating to Rezoning Procedures.
This ordinance would address two issues related to the CBJ’s rezoning process.  First, it would reconcile an inconsistency between CBJ 49.75.130 and CBJ 49.10.170.  While the latter provides that the Planning Commission’s role with respect to rezoning is only to “make recommendations to the Assembly on all proposed . . . zonings and rezonings,” 49.75.130 authorizes the Planning Commission to make “final” decisions on rezonings that are then only reviewable by the Assembly on appeal. 

Second, it would eliminate the reference to “appealing” the denial of a rezoning request to the Assembly.  Small scale rezoning decisions are legislative acts, not quasi-judicial, and are not subject to appeal as provided by CBJ 01.50. (See, Cabana v. Kenai Peninsula Borough, 21 P.3d 833, 836 (Alaska 2001)). (“[T]he decision of a legislative body is subject to review by appeal only where the decision is a quasi-judicial one.”  Cabana v. Kenai Peninsula Borough, 21 P.3d 833, 836 (Alaska 2001).  See also “As a general rule, an applicant whose rezoning petition is denied cannot seek a direct review of that denial…”  3 Rathkopf's The Law of Zoning and Planning § 40:4 (4th ed.)).

The Planning Commission reviewed this ordinance at its April 22, 2014 meeting and recommended forwarding to the full Assembly for approval.

The Manager recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.
b.Ordinance 2014-29 An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of USS 3873 and a Portion of USS 3406 FR, Located South of Auke Lake in the Pederson Hill Area, From D-1(T)D-5 to a Mix of D-10 and D-10SF.

In 2010, a study was done evaluating the potential development areas, potential development densities, and transportation access of the Pederson Hill area. That same year, sewer installation was completed.  The area is currently classified as a transition zone, D-1(T)D-5.

The requested change to the zoning aligns with the MDR Comprehensive Plan designation, which calls for densities of 5-20 units per acre. The proposed D-10 and D-10SF both allow for a density of ten units per acre which is a higher density than the D-5 transition zone.  This proposed density better implements the identified CBJ goals of providing low and moderate income housing.

The Planning Commission, at its March 25, 2014 meeting, reviewed this ordinance and recommended forwarding to the full Assembly for approval of the rezone of the described land from D-1(T)D-5 to a mix of D-10 and D-10SF.

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

c.Ordinance 2014-30 An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of USS 381 FR, Located at the Corner of Atlin Drive and Mendenhall Loop Road, from D-10 to Light Commercial.
This proposed ordinance is a result of the Harris v. CBJ Planning Commission appeal heard by the Assembly on March 17, 2014.  In that case, Mr. Harris sought a rezoning of his property, located at 9050 Atlin Drive, from D-10 to Light Commercial. 

After considering the parties' briefs and hearing oral argument, the Assembly granted Mr. Harris's appeal, directing that an ordinance providing for the requested rezone be drafted and forwarded to the Assembly for introduction.

This ordinance would amend the Official Zoning Map of the City and Borough to change the zoning of Mr. Harris's property at 9050 Atlin Drive from D-10 to Light Commercial, consistent with the Assembly's March 17, 2014 decision.
The Manager recommends this ordinance be introduced and set for the next regular Assembly meeting.
d.Ordinance 2014-31 An Ordinance Providing for a Penalty Relating to Motorized Uses on Auke Lake.
On April 7, 2014, the Assembly adopted Ordinance 2014-20, which amended code section 67.01.095 related to motorized uses on Auke Lake.  Ordinance 2014-20 eliminated the prohibition against certain sized vessels and added a prohibition against the rinsing or flushing of boat engines in the lake, along the wayside, or within 50 feet of the lake shoreline.

This ordinance would amend the fine schedule by eliminating the penalty related to vessel length, and by providing for a $250 penalty for the illegal rinsing or flushing of boat engines, as prohibited by CBJ 67.01.095(e).
The Manger recommends this ordinance be introduced and set for public hearing at the next regular Assembly meeting.
e.Ordinance 2013-11(AS) An Ordinance Appropriating to the Manager the Sum of $2,890 as Partial Funding for the Purchase of Bullet Proof Vests; Grant Funding Provided by the United States Department of Justice and Local Funding Provided by the Juneau Police Department.

This ordinance would appropriate $2,890 in grant funds from the U.S. Department of Justice, Office of Justice Programs for the purchase of bullet proof vests. The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. The grant funds are anticipated to pay fifty percent of the total costs for thirteen vests with the remaining 50% (the grant match) from JPD’s operating budget.

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

2.Resolutions
a.Resolution 2691 A Resolution Authorizing the Manager to Donate a 1995 E-One Chevrolet Ambulance to the City of Angoon.
Approximately seven years ago, the Juneau Police Department received a 1995 E-One Chevrolet Ambulance from Capital City Fire Rescue, which JPD has since used for its Explosive Ordnance Disposal Unit. A recent bluebook quote for the vehicle was listed at $3300.  JPD recently received a replacement ambulance from CCFR for the EOD unit and does not need both vehicles for police operations.

CBJ 53.50.220 provides that upon a determination that the best interests of the public would be served, surplus property with an estimated value of over $3,000 may be transferred to another governmental unit after approval by the Assembly by resolution.

JPD received a letter from Angoon Mayor Matthew Kookesh informing us that his community was in need of an ambulance and fire engine. Mayor Kookesh said Angoon only has one older ambulance, which is not equipped to allow for the provision of medical care; it is only capable of transporting.

Based on Mayor Kookesh's request, I am requesting that the City and Borough of Juneau donate the ambulance to the City of Angoon.
The Manager recommends this resolution be adopted.
3.Bid Award
a.Bid Results - Bid 15-009 - Term Contract for CBJ Roadway Painting
The City requested bids for roadway painting of various streets throughout the Borough.  It is the responsibility of the vendor to provide all paint, materials, equipment, labor, insurance and required traffic control to complete the project. 

Bids were opened on Thursday, May 8, 2014, the bid protest period expired at 4:30pm on Tuesday, May 13, 2014.  Results of the bid opening were as follows:

BIDDERS                                     TOTAL PRICE
Apply-A-Line                                 $137,626.08
Specialized Pavement Marking      $155,377.60

The Manager recommends approval of this bid award to Apply-A-Line, for the total bid amount of $137,626.08.

4.Liquor License
a.Liquor License Location Transfer of Beverage Dispensary License #3695 South of the Bridge, LLC d/b/a Louie's Douglas Inn

The following liquor license application is before the Assembly to either protest or waive its right to protest this location transfer.

The Assembly may protest a license application for any of the reasons listed in CBJ 20.25.025.  The Finance, Police, Fire, Public Works, and Community Development Departments have reviewed the below business and found it to be in compliance with CBJ Code.  

In the event the Assembly does protest the transfer of this license, CBJ Code 20.25 requires notice, with specificity regarding the nature and basis of the protest, to be sent to the licensee and provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

Beverage Dispensary License #3695 - Location Transfer
South of the Bridge, LLC d/b/a Louie's Douglas Inn
Transfer from: No Premises
Transfer to: 915 3rd Street, Douglas, AK 99824

The Manager recommends the Assembly waive its right to protest the above liquor license transfer. 
b.Liquor License Transfer of Beverage Dispensary License #447 FROM Alaska Promotions LLC d/b/a Brandi's Airport Bar TO Suite 907, LLC d/b/a Suite 907

The following liquor license application is before the Assembly to either protest or waive its right to protest this transfer of ownership, location, and name change.

The Assembly may protest a license application for any of the reasons listed in CBJ 20.25.025.  The Finance, Police, Fire, Public Works, and Community Development Departments have reviewed the below business and found it to be in compliance with CBJ Code.  

In the event the Assembly does protest the transfer of this license, CBJ Code 20.25 requires notice, with specificity regarding the nature and basis of the protest, to be sent to the licensee and provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

Beverage Dispensary License #447 - Transfer of Ownership, Location, & Name Change
Transfer From: Alaska Promotions, LLC d/b/a Brandi's Airport Bar located at 1873 Shell Simmons Drive, Juneau
Transfer To: Suite 907, LLC d/b/a Suite 907 located at 9121 Glacier Hwy., Juneau

The Manager recommends the Assembly waive its right to protest the above liquor license transfer.
VIII.PUBLIC HEARING
A.Ordinance 2014-13 An Ordinance Amending the Purchasing of Supplies and Services Code Related to the Disposal of Surplus Property.

This ordinance would streamline and modernize how the City and Borough deals with surplus property.  It would remove from the Purchasing Code most of the administrative process requirements, while authorizing the City Manager to establish an administrative policy to administer and control the program. 

This amendment also changes the section specifying when the Assembly must approve, by resolution, a transfer of surplus property to a another governmental or non-profit organization by increasing the threshold property value from $3,000 to $50,000.

Finance Department staff developed an administrative policy for surplus property with an emphasis on utilizing web-based technology to communicate and facilitate the disposal process. The policy clarifies the departments’ roles and responsibilities for disposal, and outlines procedures for how to manage the property until its final disposal.  The policy incorporates the Code’s original intent to dispose of surplus property by selling it to the highest bidder.

The Committee of the Whole reviewed the revised Code and administrative policy at its April 14, 2014 regular meeting, and recommended forwarding to the full Assembly for approval.

The Manager recommends this ordinance be adopted.
B.Ordinance 2014-18(b) An Ordinance Amending the Personnel Management Code Relating to the Applicability of the City and Borough Personnel Rules to Bartlett Regional Hospital.

This ordinance would eliminate an inconsistency currently existing in the City and Borough Code relating to the applicability of Title 44.05, Personnel Plan, to the employees of Bartlett Regional Hospital. While the more specific Hospital Code at Title 40 provides that the personnel ordinances apply to hospital employees except to the extent modified by regulations issued by the hospital administrator pursuant to CBJ 01.60 and upon approval by the City Manager, CBJ 44.05.010, specifying the scope of the personnel code, exempts Bartlett Regional Hospital.

This ordinance also clarifies that partially exempt employees are not subject to the reduction in force personnel rule regulations. 

Finally, version (b) of the ordinance, included in your packet, additionally makes clear that BRH's Chief Executive Officer and Chief Financial Officer are exempt for purposes of the pay plan, similar to the City Manager and City Attorney.

The proposed ordinance was presented as an informational item to the BRH Board's Executive Committee on April 7, 2014, and to the full BRH Board at its meeting on April 29, 2014.

The Manager recommends this ordinance be adopted.
C.Ordinance 2014-22(b) An Ordinance Amending the City and Borough of Juneau Code Relating to Street and Sidewalk Vending.

This ordinance would amend the City and Borough Code relating to sidewalk and street vending. With respect to sidewalk vending, the ordinance would amend CBJ 42.20.210 to clarify that persons with sidewalk vending permits are exempt from the off-street solicitation provision.  With respect to street vending, the ordinance would allow the use of both carts and vehicles, and would eliminate the prohibition against vending from parking spaces in certain areas.

As to both street and sidewalk vending permits, the ordinance would:
1.   increase the monthly permit fee from $100 to $150 for sidewalk vending permits and from $150 to $200 for street vending permits;
2.   allow a 25% increase in allowable vendor space size from 15 to 20 square feet;
3.   require vendors to provide proof of “open flame” permits when appropriate; and
4.   specify that  goods handcrafted or characteristic of the heritage or culture of Southeast Alaskan Natives sold directly by the artist are one type of goods allowed to be sold with a permit.

The primary difference between version (b) of the ordinance, included in your packet, and the ordinance originally introduced is that the elimination of the street vending permit provisions, as was originally proposed, has been reversed.  This version leaves the street vending permit provisions of the code intact, save for the changes identified above, as requested by the Committee of the Whole at its April 14, 2014 meeting.

The Manager recommends this ordinance be adopted.
D.Ordinance 2014-27 An Ordinance Amending the Penal Code Relating to Harassment.

This ordinance would amend the City and Borough code related to criminal harassment, by expanding the types of harassment prohibited to include harassment by electronic means. Currently, harassing another person by electronic means, such as texting, is only prohibited by State law. This amendment would bring the City and Borough code in line with the State statute.  Additionally, this amendment would make it unlawful to threaten another with sexual contact, in addition to threatening physical injury, which is already prohibited.

The Human Resources Committee heard this ordinance at its April 7, 2014 meeting and recommended forwarding it to the full Assembly for approval.

The Manager recommends this ordinance be adopted.
E.Ordinance 2014-28(b) An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of Douglas Townsite, Block 46, Lots 1 and 1A, Located at Dock Street and 1st Street in Downtown Douglas, from Waterfront Industrial (WI) to D-18.

In January 2014, CDD received an application to rezone Lots 1 and 1A of Douglas Townsite Block 46, located at the Northeast corner of Dock Street and 1st Street, from WI (Waterfront Industrial) to D-18.  On February 26, 2014, staff held an informational meeting to discuss the proposed rezoning with all property owners in the affected area. 

The size of the lots and the development proposed is similar to the surrounding area as there are currently multi-family and single-family developments in the surrounding D-18 neighborhood.  Southeast across Dock Street is zoned WI.  Southwest is zoned LC (Light Commercial).

The requested rezone conforms to CBJ Land Use Code requirements.

The Planning Commission heard this request at its March 25, 2014 meeting, and recommended forwarding to the full Assembly for approval. 

The version (b) included in your packet (which shows the tracked changes) revises the ordinance to address some redundancy in the "whereas" clauses and by simplifying some of the text.

The Manager recommends this ordinance be adopted.
F.Ordinance 2013-11(AQ) An Ordinance Appropriating to the Manager the Sum of $85,128 as Additional Funding for the 2012 State Homeland Security Programs; Grant Funding Provided by the State of Alaska Department of Military and Veterans Affairs.

This ordinance would appropriate an additional $85,128 for the 2012 State Homeland Security Programs (SHSP) Grant per Amendment 4 from the Alaska Department of Military and Veterans Affairs.  Amendment 4 increases the grant budget from $138,500 to $223,628.  This grant was originally adopted in FY13 with ordinance number 2012-12(X).

These funds would be used to support the goals and activities of the Emergency Management through funding of training, exercises and equipment purchases.

Two items will be purchased with the additional funds:

Microwave Data Links for JPD/CCFR and 911 System (increase) = $74,289.94

CCFR Mobile Data Terminals (new) = $10,837.24  

The term of this grant is October 1, 2012 through June 30, 2014. 

There is no match requirement for this grant.

The Manager recommends this ordinance be adopted.

G.Ordinance 2013-11(AR) An Ordinance Transferring $37,692 of Unexpended FY13 Marine Passenger Fees from the General and Visitors Services Funds to the Open Space Waterfront Land Acquisition Capital Improvement Project.

This ordinance would transfer $37,692 of unexpended Marine Passenger Fees (MPF) revenues budgeted for specific purposes in FY13 and not expended by the fiscal year end, to the Open Space Waterfront Land Acquisition CIP.  This transfer is consistent with the Assembly’s direction on the disposition of unexpended MPF funds. 

The amounts below are the result of monies appropriated from the Marine Passenger Fee Fund for specific purposes in the FY13 budget but were not fully expended by the end of FY13.

Downtown Business Association - Downtown Security Program           $5,273
Seasonal BLS-EMS Transport Program                                                $27,829
Juneau Convention & Visitors Bureau - Crossing Guard Program          $4,591
Total:                                                                                                      $37,692

For accounting purposes, the funds would first be refunded to the Marine Passenger Fee Fund and then transferred to the Open Space Waterfront Land Acquisition CIP.

The Manager recommends this ordinance be adopted.
H.Ordinance 2014-24(b) An Ordinance Appropriating Funds from the Treasury for FY15 City and Borough Operations

This ordinance would appropriate $308,849,500 for the City and Borough of Juneau’s FY15 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 $82,539,800 of the FY15 operating budget.  Excluding the transfers and School District, the CBJ FY15 operating budget, debt service and capital projects is $266,309,700. 

The original ordinance was introduced at the April 7, 2014 Assembly meeting and referred to the Assembly Finance Committee for deliberation. The Assembly Finance Committee moved the amended ordinance at its May 7, 2014 meeting. 

The Charter requires adoption by June 15, 2014.

The Manager recommends this ordinance be adopted.
I.Ordinance 2014-25(b) An Ordinance Appropriating Funds from the Treasury for FY15 School District Operations
This ordinance would appropriate to the School District an FY15 operating budget of $158,373,800.  The FY15 school budget is supported with a combination of funding sources that includes local funding of $24,904,400.  This consists of $24,526.900 for general operations, $172,500 for student activities, $70,000 for pupil transportation, and $135,000 for Community Schools.  The $24,526,900 in general operating support is an increase in funding of $392,500 over FY14. This amount is directly offset in a reduction in funding to student activities outside of the CAP.

The original ordinance was introduced at the April 7, 2014 Assembly meeting and referred to the Assembly Finance Committee for deliberation. The Assembly Finance Committee moved the amended ordinance at its May 7, 2014 meeting.
The Manager recommends this ordinance be adopted.
J.Ordinance 2014-26(b) An Ordinance Establishing the Rate of Levy for Property Taxes for Calendar Year 2014 for the Budget for Fiscal Year 2015

This ordinance establishes the mill rates for property taxes for 2014, which funds the City and Borough of Juneau’s FY15 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 FY15 Budget that has been reviewed by the Assembly Finance Committee. The Assembly Finance Committee approved a motion on May 7, 2014 to move these proposed mill rates on to the Assembly for action. 

This ordinance would adopt a total mill levy of 10.76, 9.26 mills for operations and 1.50 mills for debt service, This is a reduction of 0.44 mills from the originally introduced ordinance; the components of which are: 
Area                                 Introduced Millage               Amended Millage
Roaded Service Area                      2.25                                     2.20
Fire Service Area                           0.47                                      0.42
Areawide -
Operational                                    6.98                                      6.64
Debt Service                                  1.50                                      1.50
Total                                             11.20                                    10.76

The Manager recommends this ordinance be adopted. 
IX.UNFINISHED BUSINESS
X.NEW BUSINESS
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
A.Confidential Employee Matter
B.Continuation of City Manager Evaluation
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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