Monday, October 30, 2006 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2006-26


Submitted by: Rod Swope, City & Borough Manager




A. Honoring outgoing Assemblymembers
B. Swear-in incoming Assemblymembers
C. Employee Recognition


A. October 9, 2006 – Regular Meeting 2006-25


(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 2006-34     Exhibit
An Ordinance Amending The Official Zoning Map To Change The Zoning Of ATS 1644, And State Of Alaska Tidelands Conveyance ADL 107425, From D-3 (T) D-5 To Waterfront Commercial, And A Fraction Of ATS 1526 From D-3 (T) D-5 To Waterfront Commercial.

The CBJ Port Department (Docks and Harbors) has applied to rezone 5.34 acres of tide and submerged lands at Auke Nu Cove from D-3 (T) D-5 Residential to Waterfront Commercial. This includes proposed state tidelands conveyance ADL 107425 and Alaska Tidelands Survey 1644. A fraction (0.92 acres) of ATS 1526 (ferry terminal site) is recommended for rezoning from D-3 (T) D-5 to Waterfront Industrial to be consistent with the Waterfront Industrial zoning within the other 13 acres of ATS 1526.

The purpose of the rezone is threefold:

1. To accommodate the construction of a CBJ Marine Commercial Loading Facility, approved by the voters in 2002 for development in Auke Bay, within ATS 357, Lot 2, and ADL 107425;
2. To place ATS 1644, the Alaska tidelands survey where the Alaska Glacier Seafood dock is located, into an appropriate zoning classification consistent with the remainder of the AGS plant, and;
3. To place 0.92 acres of property within ATS 1526, the tidelands survey containing the Alaska Marine Highway System ferry terminal, in a Waterfront Industrial zoning classification consistent with the remainder of ATS 1526.

A map illustrating the zone changes is included in your packet. The Marine Commercial Loading Facility (# 1 above) must obtain a Conditional Use Permit prior to development. The rezones within ATS 1644 and ATS 1526 (2 and 3 above) are housekeeping items.

The Planning Commission recommended approval of the rezone request at its regular meeting on October 10, 2006.

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

b. Ordinance 2006-35    Northern Keta Comments
An Ordinance Repealing The Sunset Clause On The Property Tax Exemption For Businesses Engaged In Manufacturing.

The Assembly Finance Committee reviewed the export manufacturing exemption on October 4, 2006 and directed staff to prepare an ordinance for Assembly action, prior to year-end, which would remove the sunset provision.

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

c. Ordinance 2006-36
An Ordinance Amending The Motor Vehicle Registration Tax Rate.

This ordinance would increase the existing non-commercial cars and trucks motor vehicle registration tax (MVRT) from $11 per year to $22 per year. The proceeds of all MVRT revenues are used solely to fund the CBJ's junk vehicle program. This increase will allow Public Works to hold two junk car roundups per year and dispose of approximately 1,000 vehicles annually. The MVRT program is managed through the State Department of Motor Vehicles (DMV). State law requires that the DMV be given one full calendar year of notice before an MVRT can be implemented or changed. If adopted and effective prior to December 31, 2006, this fee would take effect on January 1, 2008.

When the Assembly originally approved the MVRT in 2003 (effective January 1, 2005), it was estimated that approximately 700 vehicles would be disposed of annually and an $11 per vehicle per year fee would be sufficient. We have been collecting in excess of 1,000 vehicles annually. In addition, the cost for disposing of vehicles has risen. With the higher than estimated volume of vehicles being brought in for disposal and the increase in disposal costs, the current $11 per vehicle per year tax is insufficient to fund the program.

The Assembly Finance Committee reviewed the MVRT on October 4, 2006 and directed staff to prepare an ordinance for Assembly action prior to year-end. The Committee did not make a recommendation on the MVRT rate.

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

d. Ordinance 2006-11(N)   Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $39,200 As Funding For The Implementation Of The Juneau Coastal Management Plan, Funding Provided By The Alaska Department Of Commerce, Community And Economic Development.

This ordinance would appropriate a grant of $38,250 from the Alaska Department of Community and Economic Development for implementation of the Juneau Coastal Management Program (JCMP) FY06 “Required Tasks”, in cooperation with the Alaska Coastal Management Program (ACMP). This grant requires a local match of 50 %, which will be met with the current operating budget of the Community Development Department.

Also included in this appropriation is a $950 “special” grant with ACMP 309 funds. These funds will be used for printing costs for the JCMP Final Plan Amendment, which must be completed to conform to state regulations. This grant does not require a match.

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

e. Ordinance 2006-11(O)   Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $545,000 In Title III Of The National Forest Timber Receipts, Secure Rural Schools And Community Self-Determination Act Of 2000, Public Law 106-393 (Title III), Held As Restricted General Fund Fund Balance.

This ordinance would appropriate $545,000 in restricted federal grant funds for fire and rescue equipment, Parks and Recreation after-school programs, and an avalanche-forecasting program. To date, CBJ has appropriated $320,000 to help partially fund the BRH helipad construction project.

Allowable uses for the funds include support for search and rescue and other emergency services performed on Federal lands, and forest related after-school educational programs. If approved, funds will be used for the following programs -

• $370,000 to provide Capital City Fire and Rescue (CCFR) with fire and rescue equipment for wild-land fire responses. CBJ provides, through CCFR, fire response (structure fires), emergency rescue, and medical services. Significant amounts of federal lands are contained within the Borough, including a portion of the Tongass National Forest. In responding to a request from the Forest Service, CBJ has completed a Cooperative Agreement with the National Forest Service for Tongass National Forest wild-land fire protection.

• $160,000 for the development of an interpretive trail and training program. The program, Forest Interpretation Resource Education (Fire), will be a collaboration of CBJ, Discovery Southeast (an organization focused on environmental education), and Trail Mix (an organization dedicated to trail management). The goal of this program is to develop an after-school program for junior high and high school students to design interpretive signage and a brochure for several of Juneau’s trail systems. CBJ presently manages 38 miles of trails, most of which abut or connect directly with the Tongass National Forest trail system.

• $15,000 in funding for an avalanche-forecasting program during the winter of 2006-2007. The funding would be combined with local funding to provide avalanche danger forecasting in both the urban and rural (federal land) areas of the Juneau Borough. Forecasting will be provided by Southeast Alaska Avalanche Center.

The uses identified above comply with the provisions of the program.

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

f. Ordinance 2006-11(P)    Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $800,000 As Funding For The Construction Of The Douglas Harbor Breakwater, Funding Provided By The Alaska Department Of Transportation And Public Facilities.

This ordinance would appropriate an $800,000 grant from the Alaska Department of Transportation for the Douglas Harbor Breakwater. The U.S. Army Corps of Engineers is in the process of designing a breakwater across the entrance of Douglas Harbor to protect the harbor from damaging waves and boat wake. This grant will be used to match federal funds along with $750,000 of General Obligation bonds approved by the CBJ voters in 2003 for this purpose.

The Corps of Engineers began the process of building the breakwater in 1999. The project has been delayed because its estimated cost of $6.5 million exceeds the project limit contained in Section 107 of the Federal Water Resources Development Act. The CBJ has asked the Alaska Congressional Delegation for a project specific authorization that will allow the Corps to exceed the $4 million project limit. We are hoping that Congress approves a project specific authorization, or an amendment to the project limit in the Water Resources Development Act, this winter. Unfortunately, nearly every project built under the Section 107 program requires a project specific authorization. The $4 million project limit was established many years ago and has not been adjusted for construction inflation.

The Docks and Harbors Board approved the grant at its September 28, 2006 meeting.

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

g. Ordinance 2006-11(Q)    Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $37,400 As Partial Funding For The Acquisition Of In-Car Video Equipment, Funding Provided By The State Of Alaska Department Of Transportation And Public Facilities, Alaska Highway Safety Office.

This ordinance would appropriate a $37,400 Alaska Department of Transportation and Public Facilities, Alaska Highway Safety Office, grant for the acquisition of in-car video equipment for police vehicles. This equipment will enhance officer safety and ensure quality service by giving the police department the ability to record traffic stops and other public interactions.

JPD has approximately 15 vehicles, currently four vehicles have the in-car video equipment installed. There are six vehicles in the process of being outfitted with new equipment and there are seven more units being held for future placement. This appropriation would provide funding for seven additional units to be used for replacement stock as necessary.

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

h. Ordinance 2006-11(R)
An Ordinance Appropriating To The Manager The Sum Of $700,000 To Fund The Transfer Of The Title Of The Scottish Rite Temple To The State Of Alaska, Funding Provided By Sales Tax Budget Reserve Fund.

On May 5, 2006, the Legislative Affairs Agency notified the Manager that the Alaska Legislative Council voted to accept ownership and use of the Scottish Rite Temple building. The fair market value of the building, as determined by the assessor, is $700,000. Through this appropriation, if approved, the CBJ will fund the transaction to transfer title of the building from the owners of the Scottish Rite Temple to the Alaska Legislature.

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

2. Resolutions

a. Resolution 2376     JEAC Memo
A Resolution Reestablishing the Juneau Energy Advisory Committee, Changing Its Membership, And Repealing Resolutions 815 And 1943.

The membership of the Juneau Energy Advisory Committee is presently set at nine members; however, the last time there was a full nine-member committee meeting was in March of 2004. CBJ has been advertising for between three and six open seats on the committee since March 2005. The memo from Juneau Energy Advisory Committee Acting Chair, Gayle Wood, requesting that the membership of the committee be changed from nine to seven members, and an overview of the work the committee is presently undertaking is included in your packets.

The Assembly Human Resources Committee (HRC) discussed this matter at its October 9, 2006 meeting. The HRC discussed the membership numbers and felt that it would be easier to establish a quorum if the body had only six members instead of seven thereby enabling the committee to establish a quorum with three members present, as outlined in the Assembly Rules of Procedure. The HRC requested the Law Department draft a resolution reducing the membership of the committee to six members.

I recommend this resolution be adopted.

3. Bid Awards

a. Bid Award E07-040

Seawalk - People's Wharf to Warner's Wharf

Bids were opened on the subject project on October 13, 2006. The bid protest period ended on October 17, 2006. Results of the bid opening are as follows:

Trucano Construction Co. $1,030,403.00
North Pacific Erectors, Inc. $1,163,755.00
Engineer's Estimate $1,014,657.00

Project Manager: Rorie Watt

Project Description: This project consists of constructing Seawalk between People’s and Warner’s Wharves and the North Ferry Dock, and reconstruction of the People’s Wharf parking lot and surrounding sidewalks. The work includes pile-driving, construction of a heavy timber deck, handrails, area lighting, concrete sidewalks, asphalt paving, storm drainage, associated earthworks and miscellaneous related work.

Funding Source: This project is currently funded by the City and Borough of Juneau, Alaska FY05 & FY07 Marine Passenger Fees and FY06 & FY07 Port Development Fees.

Total Project Funds: $4,200,000.00
CIP No.: 354-91
Construction Encumbrance: $1,030,403.00
Construction Contingency: $100,000.00
Consultant Design: Tetra Tech - $67,142.00
Consultant Contract Administration/Inspection: $80,000.00
CBJ Administrative Costs: $10,000.00
Remaining Project Funds: $2,912,455.00

I recommend award to Trucano Construction, in the amount bid, for a total award of $1,030,403.


A. Ordinance 2006-33    Map
An Ordinance Creating A Fee In Lieu Of Parking Program.

This ordinance would create a Fee in Lieu of Parking program. This program would create an alternative means for developers of properties within an area of downtown Juneau shown in Attachment A, the Fee in Lieu of Parking District Map, to meet the off-street parking requirements at CBJ 49.40.210(a).

Under the current Code, developers must provide parking within specified distances of the development or obtain a variance to these standards from the Board of Adjustment. The Fee in Lieu program may reduce the number of variances sought by developers. The new option of paying a fee in lieu of providing parking on distant parcels can be expected to facilitate the development of parcels of land on the Rock Dump currently encumbered by long-term off-site parking leases.

The Community Development Department is concerned that the reduction to off-street parking requirements for new construction in the PD-1 and PD-2 overlay districts, when coupled with the Fee In Lieu of Parking program, might result in the demolition of historic structures. To prevent this from happening, such properties are exempt from participation in the Fee In Lieu of Parking program under the proposed ordinance.

The sunset clause that was in the draft document circulated to committees has been removed.

This ordinance has been recommended by the Public Works and Facilities Committee (August 28, 2006) and the Planning Commission (September 12, 2006).

I recommend this ordinance be adopted.

B. Ordinance 2006-11(K)   Economic Impact STatement
An Ordinance Appropriating To The Manager The Sum Of $348,855 For The Three Homeland Security Grants For Equipment, Training, And Exercises, Funding Provided By The Alaska Department Of Military And Veteran’s Affairs.

This ordinance would appropriate $348,855 for three Homeland Security Grants from the Department of Military and Veteran’s Affairs: the 2006 Law Enforcement Terrorism Prevention Program (LETPP), the 2006 State Homeland Security Program (SHSP), and the 2006 Metropolitan Medical Response System (MMRS) grants.

The $80,000 LETPP grant monies will be utilized to install the Emergency Communications infrastructure equipment purchased under the 2005 LETPP and SHSP grants. The $36,525 SHSP monies will be utilized to purchase response equipment for the fire department (portable lights and radios), and the $232,330 MMRS monies will be utilized to purchase Personnel Protective Equipment, Detection Equipment, Medical and Pharmaceutical supplies; and provide training and exercises to enhance Southeast Alaska’s capabilities to respond to a mass casualty event.

I recommend this ordinance be adopted.

C. Ordinance 2006-11(L)   Economic Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $10,131 As Funding For Historic Buildings At The Alaska Juneau Gold Mining Company In Last Chance Basin, Funding Provided By The Alaska Department Of Natural Resources.

This ordinance would appropriate $10,131 for work that will be coordinated and performed by volunteers of the Gastineau Channel Historical Society (GCHS). This work would include building, installation of lateral bracing at the Transformer House, and foundation stabilization to an air intake structure.
GCHS will arrange for the people, materials, and equipment needed for the project. Gary Gillette, Project Architect with the Engineering Department, will administer the grant.

This project is consistent with the goals of the Juneau Comprehensive Plan, the Last Chance Basin Land Management Plan, the Parks and Recreation Comprehensive Plan, and the draft Historic Preservation Plan.

This is a federally funded matching grant (60% federal, 40% CBJ). CBJ’s match will be the volunteer time donated to the project.

I recommend this ordinance be adopted.

D. Ordinance 2006-11(M)   Economic Impact Statement
An Ordinance Transferring The Sum Of $15,000 To The Juneau International Airport To Fund A Marketing Study, Funding Provided By The General Fund.

This ordinance would transfer up to $15,000 from the Better Capital City Fund to the Juneau International Airport operations to hire a contractor to perform a market analysis of the Airport to assist Air Canada as it considers seasonal service to Juneau.

The Airport Board approved funding in the amount of $15,000 for the study, from FY07 Emergency Reserves, at its September 13, 2006 meeting. The Airport Board is asking the Assembly to assist with funding the study. The City Manager will work with the Airport Manager to determine the specific funding needed for the study.

I recommend this ordinance be adopted.




A. Armory
B. Subport


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: