Monday, February 13, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-03

Submitted by:  Rod Swope, City & Borough Manager




A. Employee Recognition


A. January 30, 2006 – Regular Meeting 2006-02


(Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).


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 2006-01
An Ordinance Changing The Dates For Filing And Withdrawing Candidate Nominating Petitions, And Making Miscellaneous Changes To The Elections Procedure Code.

This ordinance provides a general update of the election code. The CBJ election official regularly reviews and updates the code to keep up to date with modern election practices.

Most of the editorial changes in the proposed code re-write are of a housekeeping nature. Of specific interest to Assemblymembers and candidates is a proposal to change the dates for opening and closing the filing period for candidacy, and for the final day for withdrawal from the ballot to be 10 days earlier. The current time window between approving the ballot for printing and the time the ballots are required to be available to begin absentee voting is very narrow. This change will allow a more reasonable time for the printing of the ballot. Also, by moving the candidate filing period earlier, there will be two weekends within the filing period, which will allow candidates additional time away from a weekly work schedule to gather signatures.

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

b. Ordinance 2006-03
An Ordinance Authorizing The Sale Of City And Borough Land Located At Lena Point And Establishing The Terms And Conditions Related To The Sale.

Ordinance 2006-03 authorizes the sale of the CBJ’s South Lena Subdivision lots, establishes the method of sale, and sets the general terms and conditions. The sale lots will be by sealed competitive bid. The ordinance also authorizes the sale, by sealed competitive bid, of Lot B, RCA/Lena Point Subdivision, a remnant lot that was created when the CBJ acquired property for construction of the NOAA access road.

A sealed competitive bid sale is advantageous because the bidding process ensures the CBJ receives market value for its property. It allows the market, through the bidders’ actions, to note and account for distinctions between one parcel and the next. It is particularly useful in times when the market is undergoing changes, as has been the case in Juneau for several years. Additionally, it allows the most motivated buyers to increase their chances of being awarded a parcel by increasing their bid.

The public is familiar with the sealed competitive bid process as it is a common method of land sale, used by the Alaska Department of Natural Resources, the Alaska Mental Health Trust Authority, and the University of Alaska. Some private developers, including the one selling nearby Lena Point Height Subdivision lots, also use a competitive bid process.

The land sale is subject to the CBJ receiving final plat approval from the Planning Commission, Assembly approval to fund and construct remaining utilities, and completion of the negotiations with the Alaska Mental Health Trust Authority for acquisition of a portion of its property that lies within the subdivision.

The Assembly Lands Committee reviewed and recommended approval of the concept of the competitive bid sale for South Lena Subdivision at its meeting January 23, 2006 and for Lot B, RCA/Lena Point Subdivision at its meeting February 6, 2006.

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

c. Ordinance 2006-05
An Ordinance Amending Competitive Bid Procedures For Certain Public Improvement Projects.

In October 2005, Juneau voters approved an amendment to Section 9.11 of the CBJ Charter as follows:

(b) Contracts for public improvements and, whenever practicable, other purchases of supplies, materials, equipment, and services, shall be by competitive bid and awarded to the lowest qualified bidder. This subsection (b) shall not apply to purchases of:

(6) Public improvements which, upon a written finding by the Manager that it would be in the best interests of the City and Borough based on cost, timing, and other relevant criteria, may be procured by supplemental agreements amending existing capital improvement contracts. The maximum dollar amount, the criteria utilized, and the methodology shall be set by ordinance. (Italics show the language from the Charter amendment.)

This ordinance prescribes the maximum dollar amount, the criteria utilitized, and the methodology for supplemental agreements. This ordinance allows the City Manager to approve supplemental agreements for up to $500,000, per contract. This ordinance does not limit the dollar amount of supplemental agreements that the CBJ Assembly may approve. The City Manager may approve supplemental agreements upon a written public interest finding that the CBJ would save substantial and verifiable monies with a supplemental agreement. The City Manager may identify approval of lesser dollar amounts than $500,000 to subordinate staff through written policy.

The ordinance requires the City Manager to notify the CBJ Assembly, at its next regularly scheduled meeting, of any supplemental agreement approved. This provision will keep the CBJ Assembly informed of all supplemental agreements approved by the CBJ. Another check and balance on the use of supplemental agreements, particularly larger ones, is that extra monies will typically, but not always, have to be provided to the project budget. The CBJ Assembly will have to approve the transfer or appropriation of those monies to initiate that supplemental agreement.

This ordinance will allow the CBJ flexibility and cost/schedule savings in constructing public improvement contracts. However, the use of supplemental agreements will be the exception, not the rule, and only when 'substantial and verifiable' cost savings are demonstrated in a written public interest finding. Competitive bidding has been the CBJ's rule for procuring construction services, and will remain so.

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

d. Ordinance 2005-11(AB)
An Ordinance Appropriating To The Manager The Sum Of $30,000 As Funding For The Cruise Ship Terminal Visitor Center Remodel, Funding Provided By The Dock Fund.

This ordinance appropriates $30,000 in Dock Funds to the Franklin Dock/Information Office capital improvement project.

The US Customs Office recently requested that the Harbors Department enlarge their office space at the Cruise Ship Dock Visitor Center / Customs Office. Customs regulations require that they interview (including photograph and fingerprint) every alien (mostly ship crewmembers) entering the US for the first time each cruise season. The existing space is inadequate for their staff and equipment to serve the large number of people to be processed.

Staff worked with the Customs officials and the Juneau Convention & Visitor’s Bureau to determine what physical changes were needed in the building to enlarge the Customs space. A new wall will be constructed to separate the two users. A new outside access door and an observation window in the back of the building facing the dock will be installed. Interior features will be needed (passage door, new Visitor Center counter, wall benches, etc.) and lighting and heating will need to be modified. When completed, the Customs Office will have an additional approximately 400 square feet.

The Public Works and Facilities committee reviewed this ordinance at its meeting of February 6, 2006.

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

e. Ordinance 2005-11(AC)
An Ordinance Appropriating To The Manager The Sum Of $835,000 As Funding For The Purchase of Two Fire Engines, Funding Provided By General Fund.

This ordinance deappropriates $837,712 in lease financing and appropriates $835,000 in direct funding for the purchase of two Capital City Fire Rescue fire trucks. In FY05, the Assembly approved lease financing (Ordinance 2004-14(AJ)) for the acquisition of two fire trucks. While we received the funding authorization to purchase the trucks in FY05, we did not receive the vehicles until this past week. On August 29, 2005, the Assembly Finance Committee recommended using FY06 budget surplus (generated from the unanticipated FY06 State’s PERS funding) to purchase a portion of the planned new computer upgrades and the two fire trucks.

We estimate that we will save approximately $230,000 in interest payments by paying for the new fire trucks rather than acquiring them through a lease purchase agreement.

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

2. Resolutions

a. Resolution 2344
A Resolution Authorizing The Manager To Donate Lot 14, S'It"Tuwan Subdivision, To SAGA For Construction Of An Affordable House Through Its Young Alaskans Building Affordable Housing Program.

If adopted, Resolution No. 2344 will authorize the Manager to convey Lot 14, S’It’Tuwan Subdivision to SAGA to provide a site for construction of a house through its Young Alaskans Building Affordable Housing (YABAH) program. Under YABAH, high school dropouts enroll in a nine-month program during which they earn their GED and participate in the construction of a house in preparation for employment in the construction industry.

The City and Borough has an established record using City land for the achievement of worthwhile social purposes. The lot requested by SAGA has been offered at public auction but not sold. The SAGA request provides the City with an opportunity to “put the property to work” on behalf of the community’s low-income housing needs. Because the City supports SAGA/YABAH program, we approve the use of the proceeds from Lot 25, S’It’Tuwan Subdivision to be used to acquire a crew van, tools and equipment needed for the YABAH program to become more self-sufficient.

Granting of City and Borough land to SAGA will be conditioned upon SAGA using proceeds from sale of the house on Lot 14, to purchase additional land for construction of future houses under YABAH. The City is not likely to have an inventory of buildable lots available for such programs in the future.

The Assembly Lands Committee reviewed and recommended approval of the donation of the land to SAGA at its meeting, January 23, 2006.

I recommend that this resolution be adopted.

b. Resolution 2345
A Resolution Expressing Assembly Support For Juneau’s Revised Coastal Management Plan.

If adopted, Resolution 2345 will authorize Assembly support for proposed changes to the Juneau Coastal Management Program to comply with the new state regulations. CBJ must submit plan revisions to the State by March 1, 2006, or it will lose its ability to participate in state and federal coordinated reviews under the Alaska Coastal Management Program.

Proposed changes have had a 30-day public review period and have been reviewed extensively by the Planning Commission, Wetland Review Board, and Lands Committee, as noted in the resolution. The Assembly Lands Committee reviewed the changes again at the February 6, 2006 meeting and recommended approval of the program changes and resolution to the full Assembly.

CBJ will have an opportunity to resolve issues with state regarding plan approval in April and May. The Assembly will be expected to adopt the plan by ordinance after the state’s final review. This is anticipated to occur in November-December 2006.

I recommend that this resolution be adopted.

c. Resolution 2346
A Resolution Consenting To The Location Of, And Approving, Alaska Electric Light And Power Company’s Lake Dorothy Project (A Hydroelectric Project) Of The Alaska Industrial Development And Export Authority.

AEL&P is developing the Lake Dorothy Hydroelectric Project with financing from the Alaska Industrial Development and Export Authority. Alaska Statute requires that, prior to financing by AIDEA, a resolution of support for the project must be approved by the local governing body. The Assembly has previously expressed its general support for this project by resolution. This is the resolution required by AIDEA for financing. There is a letter from James McMillan of AIDEA in the packet.

I recommend that this resolution be adopted.

3. Transfers

a. Transfer T-827
Capital Improvement Projects - Fund Balance and Closeout

This request authorizes the transfer of funds to close completed projects in addition to moving funds to five existing projects (Linda Avenue, Wayfinding, Davis Avenue, Casey-Shattuck Phase I and Eaglecrest Lodge Expansion) in order to initiate or complete their construction in the 2006 construction season. Also, two new small projects are created (FAA cable at Eaglecrest and Main Street layout).

The Public Works and Facilities Committee heard this request at its January 30, 2006 meeting and recommended approval by the Assembly.

I recommend this transfer be approved.

b. Transfer T-828
South Franklin Street Temporary Sidewalk Widening – Archipelago Property

This request authorizes the transfer of $100,000 in Marine Passenger Fees from the Waterfront Land Acquisition and Open Space Account to Archipelago Property Sidewalk Widening, a new capital improvement project.

The intent of this project is to provide temporary relief to pedestrian congestion on South Franklin Street. The construction of this project will not create a taking of the subject property. These funds will allow the CBJ Engineering Department to proceed into property agreements, design, and bidding in hopes of constructing this improvement prior to the tourist season.

The Public Works and Facilities Committee heard this request at its January 30, 2006 meeting and recommended approval by the Assembly.

I recommend this transfer be approved.

4. Bid Awards

a. Contract No. E06-081
Bayview Pump Station and Force Main

Bids were opened on this project on February 7, 2006. The bid protest period expired at 4:30 p.m. on February 8, 2006. Results of the bid opening are as follows:

Miller Construction Co. LTD. $1,076,744.00
Glacier State Contractors, Inc. $1,463,780.00
Engineer's Estimate $1,528,230.00

This project consists of installing approximately 10,340 linear feet of 6-inch diameter high density polyethylene pressure sewer; concrete anchors removing and replacing asphalt paving; removing and replacing reprocessed asphalt; a sewage pump station with associated electrical work; and other miscellaneous items of work.

Funding Source: FY 04 Area Wide Sales Tax, FY 05 Sewer Fund and State of Alaska Department of Environmental Conservation Grant and Loan. CIP No. 484-69
Total Project Funds: $2,725,000
Construction Encumbrance: $1,076,744
Construction Contingency: $150,000
Consultant Design - RFP E05-080: $101,708
Consultant Contract Administration/Inspection estimate: $150,000
CBJ Administrative costs: $80,000
Unallocated CIP Balance: $1,166,548

I recommend award of this project to Miller Construction Co. LTD., in the Base Bid amount for a total award of $1,076,744.00


A. Ordinance 2006-02(b)
An Ordinance Authorizing The Manager To Negotiate The Sale Of Certain City And Borough Land In The Vicinity Of Costco, To Home Depot, And Setting Forth The Price And Other Conditions Of Sale.

Ordinance 2006-02 authorizes the Manager to complete the sale of 9.43 acres within Lot 3, HDK Subdivision to Home Depot. The Assembly, on January 10, 2005, adopted Resolution 2296 that authorized the negotiations. On January 10, 2006, the Planning Commission approved and made recommendations on the subdivision, development, and disposal of the property. Those recommendations are contained in the Preliminary Subdivision Plat, Conditional Use Permit and parking Variance approved for the Home Depot project. The final terms and conditions of the land sale are subject to final approval of the Assembly.

The property will be sold at the fair market value of $4,111,730 less a credit of $150,000 for an extension of a portion of Commercial Blvd. to the boundary of the new lot. Home Depot will be responsible for paying for the remainder of the extension of Commercial Blvd. along the new lot frontage. There will be an additional credit to Home Depot for the construction of a bench along the rear property line of the store for a road to serve future transportation needs of the City. The amount of this credit is being refined at this time. The sale will be cash at closing, to occur upon the issuance of the remaining permits for the project.

For traffic mitigation, the Planning Commission is requiring that a right turn lane be provided on Glacier Highway in front of the Wells Fargo Bank. Additionally, Anka Street will be widened to three lanes with sidewalks on both sides. Home Depot will pay for the cost of acquiring the right-of-way and constructing those improvements.

As part of the construction of the bench behind the store, Home Depot will be responsible for disposing of material for the bench and backslopes and installation of slope stabilization measures and maintenance of the slopes until such time that the City constructs a public street on the bench. This bench will provide for a connector street between Commercial Blvd. and Anka Street or possibly be part of a larger road connection to Glacier Highway as a second access into the Lemon Creek commercial area.

As part of this project, Home Depot is offering to donate to the City, 7.27 acres of privately purchased land that contains valuable wetlands at the headwaters of Vanderbilt Creek. I would like to acknowledge the generosity of Home Depot in making this donation.

The Assembly Committee of the Whole, at its meeting of January 23, 2006, reviewed the project and recommended the ordinance be introduced and set for public hearing.

I recommend this ordinance be adopted.

B. Ordinance 2006-04
An Ordinance Providing For The Issuance And Sale Of General Obligation School Bonds In The Principal Amount Of, Not To Exceed, $2,000,000; Providing For The Form And Terms Of The Bonds, Unlimited Tax Levies To Pay The Bonds, Appointment Of A Bond Registrar And Authorizing A Preliminary Official Statement.

This ordinance will authorize the issuance of up to $2,000,000 in general obligation bond debt. This debt issuance is part of the $54 million in new high school GO debt approved by voters on October 5, 2004. The Bonds will be sold in $1,000 increments to Juneau residents as mini bonds. The amount and maturity of the bonds to be sold will be determined upon buyer interest at the time of the sale. The actual bond sale is scheduled for April 8, 2006. Bond interest rates will be set by Seattle-Northwest Securities Corporation (Financial Advisor) the business day before the bonds are offered for sale.

I recommend this ordinance be adopted.

C. Ordinance 2005-11(Z)
An Ordinance Appropriating To The Manager The Sum Of $5,178 As Repayment of Funds To Complete A Local All-Hazard Mitigation Plan, Funding Provided By The Alaska Department Of Military And Veterans Affairs.

This appropriation amends the Department of Military and Veterans Affair’s Pre-disaster Mitigation Grant as the result of allocating unused state funds to grantees that incurred eligible grant expenditures in excess of their original awards.

This amendment reimburses the CBJ general fund $5,178 for monies already spent.

I recommend this ordinance be adopted.

D. Ordinance 2005-11(AA)
An Ordinance Appropriating To The Manager The Sum Of $32,000 As Funding For The Juneau Therapeutic Court, Funding Provided By The National Council On Alcoholism And Drug Dependence.

The National Council on Alcoholism and Drug Dependence has received a grant from the Alaska Department of Transportation and Public Facilities to plan and implement a model Therapeutic Court for District I. A Therapeutic Court, is a court given the responsibility of supervising alcohol or drug abusing offenders placed in an intensive, closely monitored, treatment program. The grant includes funding for the City public defender and prosecutor to participate in the planning, and implementation and handle city cases for the Juneau Therapeutic Court.

Last year the CBJ and NCADD outlined a pilot program to ensure operational efficiencies.

This appropriation provides funding for CBJ to participate in the second year of the program. The grant pays for all CBJ staff time and does not require matching funds from the CBJ.

I recommend this ordinance be adopted.



A. Parents For A Safe 2006 Graduation Funding Request



A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports





Note: Agenda packets are available for review at the Juneau Municipal Libraries and online at

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: