Monday, February 12, 2007 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2007-04


Link to Agenda-Managers Report

Submitted by: Rod Swope, City & Borough Manager




A. Employee Recognition


A. January 29, 2007 – Regular Assembly Meeting 2007-02


(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 2007-08
An Ordinance Amending The Animal Control And Protection Code Regarding Trapping By Agents Or Employees Of The Federal, State, Or Municipal Government.

This amendment would modify the current prohibition of trapping within 1/4 mile of roadways to allow such activity to be conducted by agents or employees of Federal, State, or Municipal government on official business.

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

b. Ordinance 2007-09
An Ordinance Amending The Enforcement Code Regarding The Penalty For Failure To Appear In Court When Ordered.

This ordinance would correct an error stemming from the 2002 comprehensive CBJ Code update; it would reinstate the former penalty for failing to appear in court when ordered. The ordinance is modeled after the similar state statute. It makes failing to appear in court, when ordered to do so by a judge or citation, a bail forfeiture matter, and, if the court hearing is on a charge of misdemeanor, a Class B Misdemeanor.

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

c. Ordinance 2007-10
An Ordinance Amending The Code Relating To Driving While Under The Influence.

Modeled after Anchorage's Driving Under the Influence (DUI) ordinance, this amendment was requested by the District Attorney's office and supported by Juneau Police Department’s Drug Recognition Expert, Officer Quinto. This ordinance would provide flexibility to charge DUI in a time when new, unscheduled drugs appear frequently, e.g., the drug SOMA, which is not yet a “controlled substance,” but is a depressant, the use of which can render a person incapable of driving safely. This ordinance would make it illegal to drive while under the influence of such drugs or a combination of such drugs and alcohol.

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

d. Ordinance 2006-11(AG)      Budget Impact Statement
An Ordinance Transferring To The Manager The Sum Of $50,000 As Funding For The Stabler’s Point Truck Scales, Funding Provided By Lands Fund Balance.

This appropriation transfers money from the Lands Fund to an existing capital improvement project, Stablers Water/Scales, to fund the installation of a new truck weighing scale. Existing project funds, $80,000 were provided to purchase the scale. The additional $50,000 is required to cover the cost of installing the scale and running a water line for dust control.

The Lands Committee recommended this appropriation at its February 5, 2007 meeting.

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

2. Resolutions

a. Resolution 2393            Exhibits
A Resolution Authorizing The Manager To Convey A No-Build Easement On A Portion Of Lot 2B, RSH II Subdivision, Immediately North Of The Juneau Costco Warehouse.

The Division of Lands and Resources received a request for a No-Build Easement on a portion of CBJ property, Lot 2B, RSH Subdivision II, to facilitate an addition to the Juneau Costco Warehouse. The Building Code identifies specific dimensions for clearance around different types of construction. Establishing a No-Build Easement on adjoining property is a standard method to obtain compliance with the clearance requirements of the Building Code, as it prohibits the placement of structures in that area. The No-Build Easement will encompasses approximately 2,000 square feet of municipal property.

Per the easement review process established at CBJ 53.09.300, the request was approved by the Lands Committee at its November 21, 2006 meeting, and by the Planning Commission at its December 12, 2006 meeting. The Assembly may, by resolution, authorize the manager to execute the easement.

I recommend this resolution be adopted.

3. Transfer

a. Transfer T-845
Transferring $80,000 In General Sales Tax From The Essential Building Maintenance Capital Improvement Project To The Downtown Library Roof Design, A New Capital Improvement Project.

T-845 would authorize the transfer of $80,000 in General Sales Tax from the Essential Building Maintenance capital improvement project to the Downtown Library Roof Design, a new capital improvement project.

The downtown library roof is in imminent need of repair and possible replacement. Originally installed in 1985, the roof’s waterproof membrane is located directly upon the deck and is not visible for inspection. Over the past few years, CBJ Building Maintenance staff have addressed several leaks that appear to have originated in failed membrane seams.

Staff proposes that this $80,000 be used to begin the design process to figure out the desired solution and its associated costs as soon as possible. Having the design work completed prior to the full project funding will provide more accuracy in the funding request and may allow the construction to proceed sooner.

The Public Works and Facilities Committee recommended this transfer at its February 5, 2007 meeting.

I recommend this transfer be approved.


A. Ordinance 2007-05b         Exhibit          Memo
An Ordinance Authorizing The Port Director To Negotiate And Execute A Lease Of Approximately 19,380 Square Feet Of Tidelands Located Within Alaska Tidelands Survey 739 And Alaska Tidelands Survey 1251, For Development Of A Dock At Statter Harbor.

This ordinance would authorize the Port Director to negotiate and execute a lease with Bayhouse Properties for the installation and operation of a commercial dock in Statter Harbor. The Docks and Harbors Board approved the lease in August of 2005. Bayhouse Properties owns uplands and tidelands adjacent to the lease area. Bayhouse is planning to use the dock to service the growing tour industry in Auke Bay.

As part of this lease, Bayhouse Properties will finance replacement of the old gangway and landing float into Statter Harbor with a new ADA-compliant gangway and landing float. Bayhouse will use the gangway and landing float to gain access to a new 400-foot long commercial float. The new float will be installed in the area of the old work float. To compensate CBJ for the loss of moorage at the old work float, Bayhouse Properties will finance the installation of additional floats at the end of “B” float in Statter Harbor.

I recommend this ordinance be adopted.

B. Ordinance 2007-07             Exhibit
An Ordinance Amending The Comprehensive Plan By Adopting Section 6 Of The West Douglas Conceptual Plan.

This ordinance would amend the CBJ Comprehensive Plan to include Chapter 6 and Plate 1 of the West Douglas Conceptual Plan. In 2005, the Assembly adopted the West Douglas Conceptual Plan as a general strategy for development. On November 17, 2005, the Planning Commission recommended the Assembly adopt Chapter 6 and Plate 1 of the West Douglas Conceptual Plan as part of the CBJ Comprehensive Plan. At its meeting of January 8, 2007, the Public Works and Facilities Committee recommended the Assembly move forward with introduction and adoption of the West Douglas Conceptual Plan.

The Comprehensive Plan should be amended to adopt Chapter 6 and Plate 1 of the West Douglas Conceptual Plan to facilitate development in the West Douglas area. The Assembly will soon choose the preferred community alternative for the North Douglas Crossing, and the Comprehensive Plan should be amended before the Assembly takes action on that decision.

Chapter 6 and Plate 1 of the West Douglas Conceptual Plan designates five new, discrete development areas within West Douglas. Chapter 6 and Plate 1 also include policies for development areas, transportation, utilities, open space, recreation, and environment.

I recommend this ordinance be adopted.

C. Ordinance 2006-11(AD)           Budget Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $670,000 As Partial Funding For Capital Transit’s Fiscal Year 2007 Operating Budget, And $150,000 To Update The CBJ Transit Development Plan And Transit Improvement Program, Funding Provided By The Alaska Department Of Transportation And Public Facilities; And De-appropriating $670,000 In Roaded Service Area Funds.

This ordinance would appropriate an additional $820,000 in federal funds passed through to the Alaska Department of Transportation and Public Facilities. In FY07, we included $180,000 in the operating budget for this grant; however, the total grant award was $1,000,000. This ordinance appropriates the additional $820,000 in grant funds. We are requesting that $150,000 of the remaining grant be used to establish a capital improvement project to update the Transit Development Plan and Transit Improvement Program.

This grant requires an equal match, which CBJ more than adequately meets through a general fund subsidy from the Roaded Service Area.

This ordinance would also de-appropriate $670,000 ($820,000 less $150,000) of Roaded Service Area funds operating support to Transit, which is replaced by the operating grant.

I recommend this ordinance be adopted.

D. Ordinance 2006-11(AF)               Budget Impact Statement
An Ordinance Appropriating To The Manager The Sum Of $83,643 As Funding For The Construct Taxiway Extensions Capital Improvement Project, Funding Provided By The Passenger Facility Charge Fees.

This ordinance would appropriate $83,643 for the Construct Taxiway Extensions project. The funding is provided by Passenger Facility Charge (PFC) fees. This action will close out the project and make $83,643 of Airport funds, currently assigned to the project, available for another project.

The Airport Board approved this action at its December 13, 2006 meeting.

I recommend this ordinance be adopted.



A. Resolution 2394
A Resolution In Support Of The Lynn Canal Highway.



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.

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: