Monday, March 5, 2007 7:00 – 11:00 PM
Assembly Chambers – Municipal Building
Regular Meeting No. 2007-06


Link to Printable Agenda

Submitted by: Rod Swope, City & Borough Manager




A. Employee Recognition


A. February 7, 2007 – Special Assembly Meeting 2007-03
B. February 12, 2007 – Regular Assembly Meeting 2007-04
C. February 14, 2007 – Special Assembly Meeting 2007-05


(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 2007-12
An Ordinance Amending The Sewer Code.

This ordinance would clarify requirements of the Sewer Code pertaining to decommissioning of privately-owned on-site septic tanks and treatment plants serving residential and light commercial customers with normal domestic strength waste flows.

Due to the strong odors created from septic tanks and unmaintained treatment plants, the Sewer Code requires that all customers being served by the sewer collection system decommission old septic tanks or treatment plants within 90 days of connection to the centralized collection/treatment system. Odor control is an ongoing priority of the Wastewater Utility and the community.

Decommissioning a tank involves removing motors, lights and hardware, removal of the tank lid, and filling the tank with sand. The sewer service pipe is typically extended straight through the old treatment tank.

This ordinance would also clarify the code pertaining to preliminary treatment so that preliminary treatment cannot be used as a justification not to decommission private on-site septic tanks or treatment plants.

The Public Works and Facilities Committee passed a motion of support for the ordinance at its February 5, 2007 regular meeting.

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

b. Ordinance 2006-11(AH)     
An Ordinance Appropriating To The Manager The Sum Of $177,611 As Funding For The Purchase Of Lot 3, Bonnie Subdivision, Funding Provided By Lands Fund Balance.

A conceptual subdivision development plan was prepared for Hill 560 (aka Peterson Hill) in 2001. The plan considers development of 575 acres of property owned by the University of Alaska and CBJ. Access routes to the area are proposed from Glacier Highway and the Back Loop Road.

The topography and alignment of access corridors on the Back Loop Road are particularly challenging. CBJ Engineering and Lands staff have conducted alignment, site and slope analysis for each of the potential access points along this section of the Back Loop Road. A recent minor subdivision (10/06) has created a vacant parcel, Lot 3, Bonnie Subdivision, near the crest of Goat Hill, which provides a preferable access alignment for the future development of Hill 560.

The property owner and CBJ signed an earnest money agreement for acquisition of the property at a price determined to be fair market value, $177,611. The terms of the sales agreement require the Assembly’s approval of an appropriation ordinance by April 2, 2007. Funding for the acquisition will be paid from the Lands Fund balance. The Lands Committee recommended this acquisition at its January 22, 2007 meeting.

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

2. Resolutions

a. Resolution 2395
A Resolution Expressing Assembly Support for the Juneau Coordinated Transportation Coalition Plan.

Federal funding of Capital Transit and Care-a-Van services under SAFETEA-LU, the federal transportation reauthorization bill passed by Congress in 2005, was significantly increased for Juneau and Alaska’s other rural transit operators. At the same time, the Federal government has been pushing coordination in transportation at all levels of government and operations to allow for better use of federal funds by reducing duplication of services as well as integrating Medicaid related transportation funding. SAFETEA-LU calls for increased efforts at local coordination and this legislation has been turned into regulation by the Federal Transit Authority.

Capital Transit and Care-a-Van services meet a high percentage of transportation needs of elderly persons and persons with disabilities within the community. There are also a number of small agencies providing very important services to their clients including REACH, Juneau Youth Services, and others who may receive some form of Federal or State funding. To remain eligible for funding through these agencies, these transportation providers need to participate in a Coordinated Transportation Plan.

Juneau started its Coordinated Transportation Coalition Plan in 2005, with funding assistance from the Alaska Department of Transportation & Public Facilities (ADOT/PF) and representatives of Juneau’s local service providers. The efforts of this group were recognized by ADOT/PF in November of 2005 and the plan was classified as a “Coordinated Transportation System in Planning Phase”. The process and the plan will continue to evolve in response to changing government regulations and local service needs.

The ADOT/PF is looking for a resolution of support from the Assembly endorsing the Juneau Coordinated Transportation Coalition Plan process.

The Public Works and Facilities Committee, recommended that this resolution be adopted at its January 29, 2007 meeting.

I recommend this resolution be adopted.

3. Transfer

a. Transfer T-846
Transferring $202,592 From The Taxiway Extension Capital Improvement Project To The Airport Revolving Capital Reserve Account

Budget Impact Note

This request transfers $202,592 from project “Construct Taxiway Extensions” to the Airport Revolving Capital Reserve Account (ARCRA), which forward-funded project costs. These costs were subsequently recovered from the primary funding sources, which included the Federal Aviation Administration grant (FAA), Passenger Facility Charge matching funds (PFC), and State of Alaska matching funds (DOT).

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

I recommend this transfer be approved.

b. Transfer T-847
Transferring $100,000 From The Linda Avenue Sidewalk Capital Improvement Project To The West Juneau Water Capital Improvement Project.

Budget Impact Note

This request would transfer $100,000 in Areawide Sales Tax from the Linda Avenue Sidewalk capital improvement project (CIP) to the West Juneau Water CIP.

The bid for the West Juneau Water capital improvement project is in excess of the available funds currently in the project. This transfer will enable us to award the bid for construction and procure a contract administration consultant as well as cover staff time and overhead. After this transfer, there will still be sufficient funds to complete the Linda Avenue Sidewalk CIP.

The Public Works and Facilities Committee approved this request at its February 26, 2007 meeting.

I recommend this transfer be approved.

4. Bid Awards

a. Bid Award – Contract No. E07-138
Glacier Valley Elementary School Renovations, Phase I

Bids were opened on the subject project on March 1, 2007. The bid protest period is 10 days and will expire at 4:30 p.m. on March 12, 2007. Due to construction time considerations, this bid award is being brought before the Assembly for approval before the protest period has expired. This approval is contingent upon no protests being submitted.

Results of the bid opening are as follows:

Silver Bow Construction $1,583,000
McGraw Custom Construction $1,773,000
Dawson Construction $1,920,000
Architect’s Estimate $2,130,000

Project Manager: Nathan Coffee

PROJECT DESCRIPTION: Glacier Valley Elementary School Renovation,
Phase I Contract No. E07-138

This Project consists of replacing a majority of the exterior windows at school except Kindergarten classrooms and Library. Replace and upgrade majority of exterior door assemblies including rough in for future security sensors and electronic locks. Reinforce exterior wall with shear panels to provide improved lateral resistance. Install new gypsum wallboard, vapor barrier and insulation on majority of building’s exterior walls except Kindergarten classrooms, Library, and Gym. Install new metal siding at shear panels. Install new rigid insulation and metal siding at Gym. Repair and paint existing wood siding, soffits, and fascia. Complete replacement of mechanical and electrical equipment and systems in the Boiler Room. Abate a small amount of hazardous materials in conjunction with Boiler Room work. Remove and replace existing underground storage tank. Remove and replace existing playground surfacing and improve playground storm drainage.


Funding Source: 2006 GO Bond Proceeds
Total Project Funds: $5,995,000.00
CIP No.: 454-88-5-35-40-690
Construction Encumbrance: $4,400,000.00
Construction Contingency: $440,000.00
Consultant Design: $350,000.00
In house and Consultant Contract Administration/Inspection: $285,000.00
CBJ Administrative Costs: $229,090.00
Art: $48,400.00
Project Contingency $242,510.00

Contingent upon no protests being filed, I recommend award of this contract to Silver Bow Construction, in the amount bid, for a total award of $1,583,000.


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 adopted.

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 adopted.

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 adopted.

D. Ordinance 2006-11(AG)
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.

Budget Impact Note

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, in the amount of $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 adopted.



A. Resolution 2396
A Resolution Expressing Assembly Opposition To Any Amendment To The Constitution Of The State Of Alaska Which Would Limit Powers Of Local Government In Providing Employment Benefits To Same Sex Partners Of Public Employees And Retirees.

This resolution would express Assembly opposition to any state constitutional amendment which would limit municipal authority with respect to providing employment benefits to same-sex partners of public employees. The Alaska Supreme Court has ruled that denying employment benefits to same-sex partners of public employees violates the Alaska Constitution. In response to that decision, the Alaska State Legislature has set a special election, April 3, on the question of whether a change to the state constitution should be proposed for the 2008 general election ballot to limit the ability of municipalities to provide such benefits. This resolution would express Assembly opposition to that advisory vote.

I recommend this resolution be adopted.

B. Resolution 2397
A Resolution Regarding CBJ Participation In The Cities For Climate Protection Campaign.

This resolution would have CBJ join the International Council for Local Environmental Initiatives' Cities for Climate Protection Campaign. It adopts the campaign milestones of conducting a greenhouse gas emissions inventory, establishing a greenhouse gas emissions reduction target, and developing and implementing an action plan. Joining the organization would cost approximately $600.

I recommend this resolution be adopted.

C. Liquor Licenses

2007-2008 Renewal Beverage Dispensary License
License: Lucky Lady – License #674
Location: 192 S. Franklin Street
Owner: Lucky Lady Inc.
Agent: Judith McDonald Phone: 907-586-9673
Mailing Address: 192 S. Franklin Street, Juneau, AK 99801

The Lucky Lady liquor license is before the Assembly to either protest or waive its right to protest the two-year renewal of this license.

The Finance, Police, Fire, and Community Development Departments have reviewed the above business for compliance with CBJ Code. The Human Resources Committee met earlier this evening, Monday, March 5, 2007, and the staff recommendations are in your Human Resources Committee packets.

I recommend the Assembly adopt the Human Resources Committee's recommendations for action from tonight’s meeting.

D. Title 05: Docks and Harbors, Chapter 15. Fees and Charges, Chapter 20: Small Boat Harbor Fees and Charges, Chapter 45. Small Boat Harbor and Port Facilities Use Regulation

The regulation before you amends fees for use of dock and harbor facilities. The amendments were proposed by Docks and Harbors Board on January 26, 2007 and adopted by the Board on February 22, 2007.

The first amendment reduces the port maintenance fee applicable to cruise ship lightering operations less than 3 hours in duration. Current regulations require all cruise ships and lightering operations using a city dock to pay a port maintenance fee of 5.5¢ per net registered ton of vessel displacement. The current regulation was developed to cover the costs of full day lightering operations. The amendment allows lightering operations less than three hours in duration to pay 2.25¢ per net registered ton, or ½ half of the current port maintenance fee. There are currently no lightering operations of this type scheduled for this year. The Board is hoping the reduced fee will generate additional lightering activity, resulting in increased port revenues and longer shore stays for passengers.

The second amendment allows the Harbormaster to grant up to fours hours use at the small boat harbors without assessment of the daily moorage fee.

The third amendment allows up to fours free use of designated freight staging areas at the small boats harbors. This action is being taken to create an incentive for speeding up commercial freight operations.

The final amendment incorporates commercial freight use policy into regulation. The freight use policy was originally adopted by the Board on February 26, 2004.

The regulations will not require an increased appropriation of general funds by the municipality.

CBJ Ordinance 01.60.260 provides the Assembly with three courses of action:

1. The Assembly may take up consideration of the regulation and approve it;
2. The Assembly may chose not to take up consideration of the regulation in which case the regulation shall be deemed approved; or
3. The Assembly may disapprove the regulation. If the Assembly disapproves the regulation, it shall return the regulation to the Docks and Harbors Board or direct the regulation be considered as an ordinance or resolution.

If the Assembly returns the regulation, it may state the reasons for disapproval but shall not establish explicit conditions for subsequent approval or direct particular amendment to the regulation.

E. Appeal Of Sales Tax Board Decision-Faith Community School

On January 17, 2007, the Sales Tax Board denied Faith Community School’s request for an exemption from sales tax. On February 12, 2007, Faith Community School filed an appeal of the decision to the Assembly. The Notice of Appeal and Decision of the Sales Tax Board is in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.

(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

Faith Community School and the Sales Tax Board were advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.



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: