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TO: Mayor and Assembly DATE: September 25, 1995

FROM: David R. Palmer

City and Borough Manager

SUBJECT: Manager's Report - Regular Mtg. No. 95-37


A. Ordinances for Introduction:

1. Ordinance No. 95-11 (O)

This ordinance appropriates $5,455.00 of grant funds from the State of Alaska, Department of Natural Resources, a division of Urban Forestry for a landscape program. It is to cover costs for planting of 35 trees and 38 shrubs in the downtown area. Our local match would be $825.00 in cash and in-kind services. A local contractor will purchase and plant the trees and CBJ staff will purchase and plant the shrubs. CBJ staff will assume all future maintenance responsibilities.

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

2. Ordinance No. 95-11 (P)

In April 1995, funds in the amount of $18,000 were appropriated from parking fee revenue for contractual parking enforcement for the Marine Park Garage commencing May 1,1995 through the end of September. Staff was directed to return to the Assembly in September with a report on the utilization of the garage, the effectiveness of enforcement, and to propose a plan for ongoing management before additional funds would be appropriated from the Parking Fund.

Currently, there are 263 permit holders for 189 permit spaces; the permit area is over sold at 139%. Increased permit revenue is accrued to the parking fund as well as revenue from citations (after a management fee is levied by JPD). Seven hundred and fortynine citations were written between May 1, 1995 and August 25, 1995, for fines totaling $14,980.00. This is over two citations per hour that enforcement staff was present.

Staff believes that enforcement responsibility is most cost effectively delegated to maintenance staff and that the two functions can be performed simultaneously. This was demonstrated over the summer with waterfront rangers that had maintenance responsibilities, but were empowered to issue citations when necessary.

This ordinance is for an appropriation to fund enforcement effort through the end of the fiscal year. With the adoption of this ordinance, staff will be funded to enforce parking rules as well as perform maintenance at the garage. Five day a week service will also be extended to the Juneau Motors and Willoughby Lots, where no service is currently provided.

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

3. Ordinance No. 95-11 (Q)

This ordinance appropriates a donation to the Alaska Troller's Association in the amount of $20,000 to be used as support in the defense of salmon fishing for sport and commercial interests throughout Southeast Alaska. The Assembly met on August 30, 1995 and directed that this appropriation be prepared. The Harbor Board met on August 31, 1995 and concurred with the Assembly. Funding for this donation is $15,000 from the Unappropriated General Fund Balance and a $5,000 transfer from the Unreserved Retained Earnings of the Dock Fund to the General Fund.

After this ordinance is adopted the Unappropriated General Fund Balance will be $3,814,400 and the Dock Unreserved Retained Earnings will be $648,100.

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

4. Ordinance No. 95-11 (R)

This ordinance would increase the FY 96 Mental Health Division budget by $500,000 to provide services to seriously emotionally disturbed and autistic youth in the community. Funding for this increase will come from state Medicaid revenues. The increase will be used for contracts with foster care homes, school tutors, trackers, and other assistance workers with youth. Additionally, the increase will fund a contract with R.E.A.C.H., Inc. to provide intensive services to autistic youth in our community.

This request has already been approved by the Mental Health Committee and the Social Services Advisory Board. Minutes of the Social Services Advisory Board are in your packet.

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

5. Ordinance No. 9533

This ordinance makes several changes designed to make the land use code more flexible. The most significant changes reduce the delay and red tape associated with variances.

The ordinance establishes a new type of variance, known as the "de minimis" variance. A de minimis variance may be issued by the Community Development Director after brief and informal procedures. Its purpose is to allow small dimensional violations, such as errors in yard setbacks.

The ordinance also changes some of the standards for variances other than de minimis. Currently, these standards are listed in CBJ 49.20.25(b)(5) in the conjunctive. This means that the applicant must satisfy all of the listed standards in order to qualify for a variance. The new ordinance lists the grounds in the disjunctive, so that applicants need satisfy only one of the criteria in order to qualify. The new ordinance also establishes a new basis for granting a variance. The new basis allows a variance if denial would "unreasonably prevent the owner from using the property in a manner which is consistent as to scale, amenities, appearance or features, with existing development in the neighborhood." These changes relax the requirements of the zoning code and bring them into closer compliance with Planning Commission practice regarding variances.

The fee for both kinds of variances is set at $300, slightly less than the 1993 estimate by CDD that administration of the average variance costs the city and borough $340 in planner and cartographic expenses.

The ordinance also specifies that several kinds of small, unheated accessory structures will no longer be included within the term "building" under the land use code. This change will allow more freedom in the construction of stairways, balconies, toolsheds, playhouses, and the like.

The Planning Commission thoroughly reviewed and discussed this ordinance at its Committee of Whole meeting of September 5 and at its regular meeting of September 12 recommended forwarding this ordinance to the Assembly for adoption.

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

6. Ordinance No. 9534

This ordinance establishes the bail forfeiture amounts that may be paid in lieu of a court appearance by defendants charged with minor offenses under the airport code. The airport board has been informed that this ordinance will be presented to the Assembly and requests no review provided that the amounts set forth for airport fines are similar to those established for similar offenses throughout the CBJ.

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

7. Ordinance No. 9535

This ordinance makes several housekeeping changes in the Lands Code dealing with the Wetlands Review Board and with appeals.

Changes to the appeals section delete erroneous language requiring that appeals from certain boards be heard by the Planning Commission. Instead, these appeals should go directly to the Assembly, as specified by Charter 3.16(b).

This ordinance also updates certain technical references in the wetlands review section, including adoption of the latest version of the Juneau Wetlands Management Plan, and regulation of "mechanical clearing" and "excavating" in addition to "placement" of dredged or fill material.

This action will have no economic impacts.

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

B. Certificate of Public Convenience and Necessity:

1. Southeast Adventures

Jack Cadigan submitted an application updating the ownership of Southeast Adventures, a permittee for a certificate of public convenience and necessity. In the new application, Mr. Cadigan is shown as the sole owner of Southeast Adventures while the previous application had shown Steven B. Olson, President; James M. Wilson, Vice President; John Cadigan, Treasurer; and Dot Wilson, Secretary. Mr. Cadigan indicates he will be operating one bus rather than 3 vans.

I recommend that the certificate of public convenience and necessity for Southeast Adventures be amended to show Jack Cadigan as the owner and that the certificate will be issued for one bus.


1. Ordinance No. 95-11 (L)

This ordinance will appropriate $3,500 in fine revenues from the Professional Plaza Partnership in November, 1994 to the Wetlands Mitigation Bank account. The fine was received in a settlement to a civil action brought against the Partnership for violation of a conditional use permit. The violation involved tree cutting and construction of an illegal driveway. The Wetlands Mitigation Bank would use the funding for wetland/stream restoration and enhancement.

This action will have economic impacts as described in the Economic Impact Note attached to the ordinance in your packet.

I recommend that this ordinance be adopted.

2. Ordinance No. 95-11 (N)

This appropriation of $600,000 will extend the sewer system on the Mendenhall Loop Road from Jo Anne Way to Lee Street, serving Windfall Avenue, Auke Street and Lakeshore Drive. There will be a pump station at Lakeshore Drive and one at University Drive to the Auke Bay Treatment Plant.

This action will have economic impacts as described in the Economic Impact Note attached to the ordinance in your packet.

The total project cost is estimated to be $1,433,250. Funding sources will be $600,000 from this grant, a grant from the Alaska Department of Environmental Conservation (ADEC) for $122,880, and a loan from ADEC for $710,370. The CBJ is in the process of applying for the ADEC grant and loan.

I recommend that this ordinance be adopted.


1. TlingitHaida Housing Authority WellProtection Issues

This issue deals with the water monitoring requirement which the Assembly had placed as a condition for the Planning Commission to impose on the final plat of the Tlingit-Haida Subdivision near Thunder Mountain. At your September 11, 1995 meeting, the Assembly withdrew its request of the Planning Commission and decided to discuss the issue itself after opportunity for input from the neighborhood. Notices have been sent out to neighbors as depicted on the map attached in your packet.

The Tlingit-Haida Housing Authority has presented information which addresses the water monitoring requirement and suggests a solution of having Tlingit-Haida provide a guarantee to connect adjacent property owners to city water if their water supply is diminished or affected in quality as a result of the subdivision activities. If there is any doubt as to the cause of the water problems, Tlingit-Haida will take care of the problem. This approach appears sound and should alleviate concerns of the nearby residents. It also does not establish a precedent for future subdivision development in the community whereby all subdivisions would be required to set up water monitoring programs. Such requirements would add to the already high cost of housing.

If the water connection guarantee concept is acceptable to the Assembly, staff will enter into an agreement with Tlingit-Haida to accomplish the goal of ensuring that residents have adequate water. The City and Borough will make determinations of the legitimacy of any claims.

I recommend that the Assembly adopt a motion to direct staff to enter into a water quarantee agreement with the Tlingit-Haida Housing Authority.



A. Manager's Report - Action Item:

1. Glaser Report on Community Development Department

In your packet is the final report from Peter and Susan Glaser, who conducted a series of interviews and discussions in late August on the subject of the Community Development Department. At a joint Committee of the Whole meeting with the Planning Commission on August 18, the Glasers discussed their findings and recommendations. At that time the COW decided to discuss endorsement of the recommendations after having an opportunity to review the written report.

The recommendations (on page 5 of the report) are divided into three areas.

The first area, increased communication among the Assembly, Commission, and CDD management staff, was endorsed by all the Assembly members and Commissioners who were interviewed by the Glasers on August 17, and by the CDD staff. A specific schedule of meetings or information exchanges has not been defined yet.

The second area, internal system changes, are being developed by CDD staff. Staffing turnover in the Planning Division has created an opportunity to reallocate staff time to give more attention to assisting permit seekers and avoiding unnecessary delays caused by misunderstandings or miscommunications. The department is considering creating a Permit Specialist position that would be devoted to this task. This would be accomplished within the current budget.

The third area, proposed changes to the variance code, had been under discussion by the Planning Commission and are on tonight's agenda for introduction.

Staff is seeking Assembly comment on the recommendations above, and general endorsement of the findings of the report.

B. Manager's Report - Information Items:

1. Basin Road Traffic Study

A preliminary report on the traffic on Basin Road was presented at the September 11, 1995 Assembly meeting. The report summarized data from traffic counters placed on Basin Road in two locations in addition to staff observations from September 8th through the morning of September 11, 1995. Staff also made a number of phone contacts with Basin Road residents to canvas their concerns. The report indicated that the bulk of Basin Road traffic is locally generated. We have now collected another week of traffic counter data on Basin Road and have expanded the report for Assembly consideration at this meeting.

2. Land Disposal - Status Report

In your packet is a memo explaining the status on city land disposal projects.

C. Attorney's Report:

1. Seale v. Michael Dattola and Juneau Community Mental Health Lawsuit


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