Monday August 10, 2009, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2009-17






A. July 13, 2009 – Regular Assembly Meeting 2009-15
B. July 23, 2009 – Special Assembly Meeting 2009-16


(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 2009-17
An Ordinance Proposing An Increase In The Excise Tax On Tobacco Products, To Become Effective Only If Approved By The Voters At The Next Regular Election.

This ordinance would place before the voters on October 6, 2009, the question of whether to increase the tobacco excise tax from the current $0.30 per pack of cigarettes and 12% for other tobacco products (OTP) to $1.00 per pack of cigarettes and 45% for OTP. If voters approve the higher excise tax rate, revenue collected will increase from $517,000 (calendar 2008 collections) to an estimated $1,690,000 or an increase of $1,173,000.

This ordinance was reviewed by the Assembly Finance Committee on July 8, 2009 and July 23, 2009. The Finance Committee recommended this be brought to the Assembly for action in time to meet the 2009 election requirements. The effective date for the proposed tax change, if approved, is January 1, 2010. The Finance Committee also indicated its intent that the increase in excise tax revenues be used for social service programs.

A section outlining the Assembly’s intent, as recommended by the Special Committee appointed for that purpose, and is included.

I recommend this ordinance be introduced, referred to the Committee of the Whole on August 17, 2009, and set for public hearing at the next regular meeting.

b. Ordinance 2009-18
An Ordinance Amending the Excise Tax on Tobacco Products Code.

This ordinance would modify the tobacco excise tax code section to more clearly define tobacco products. These changes are in response to the tobacco industry’s continued evolution of tobacco products being offered to the public. The changes include revised definitions of:
• Cigarette as distinguished from cigar-type tobacco products,
• Products that contain a combination of tobacco and other substances, and
• Products that contain nicotine intended for human consumption unless that product has been approved by the FDA for tobacco cessation, harm reduction, or medical purposes.

This ordinance was presented to the Assembly Finance Committee on July 23, 2009 as an information item and companion to ordinance 2009-17. This ordinance, if approved, would become effective on January 1, 2010.

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

c. Ordinance 2009-19
An Ordinance Authorizing The City And Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $11,800,000 To Finance Physical And Programmatic Upgrades To Gastineau Elementary School, And Submitting A Proposition To The Voters At The Election To Be Held Therein On October 6, 2009.

This ordinance authorizes placing on the October 6, 2009 general election ballot the question of issuing $11.8 million in 10-year general obligation (G.O.) bonds for the purpose of renovating the Gastineau Elementary School with physical and programmatic upgrades.

The Gastineau Elementary School project qualifies for 70% State reimbursement under the State’s School Construction Bond Debt Reimbursement Program. The funding for the State’s reimbursement program is subject to annual appropriation.

If the State fully funds the reimbursement program, the estimated annual debt service costs after State reimbursement, assuming an interest rate of 5.0%, will be $458,000. This debt service would require an annual property tax levy of approximately $12.00 (0.12 mills) per $100,000 of assessed value or approximately $42 for the average single family home (estimated 2009 value $349,700 per CBJ Assessor).

This bonding proposal was reviewed by the Assembly Finance Committee on July 8, 2009 and July 23, 2009 and forwarded on to the Assembly for action.

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

d. Ordinance 2009-08(I)
An Ordinance Appropriating To The Manager The Sum Of $10,291 As Partial Funding For The Development Of An Historic Building And Site Survey Report For The Treadwell Mining Complex, Grant Funding Provided By The State Of Alaska, Department Of Natural Resources.

Economic Impact Note

This ordinance would appropriate $10,291 for the development of an historic building and site survey report for the Treadwell Mining Complex. Funding is provided by a grant from the State of Alaska, Department of Natural Resources.

The project would be performed through the combined efforts of contracted consultants, volunteers from the Treadwell Historic Preservation and Restoration Society, and the Project Manager. Total project costs are estimated to be $17,152.10. Using Historic Preservation Funds, the City and Borough is required to provide a 40% match, which will be fulfilled through staff wages from the Community Development Department operating budget, and Treadwell Historic Preservation and Restoration Society volunteer hours. Total project costs include a 10% State administrative surcharge.

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

e. Ordinance 2009-08(N)
An Ordinance Appropriating To The Manager The Sum Of $285,000As Funding For Eaglecrest To Purchase An Over Snow Vehicle, Funding Provided By Lease Financing.

Economic Impact Note

This ordinance would appropriate $285,000 in funding for the purchase of an over snow vehicle (snow grooming vehicle) for Eaglecrest. This vehicle replaces a 1995 Snow Cat that has over 10,000 hours of use and is unreliable. Seven thousand hours is considered an industry-accepted point where reliability and maintenance becomes an issue. The equipment is necessary to maintain the Eaglecrest ski area runs adequately. Maintaining the runs is critical for safety and skier enjoyment. The source of funding will be leasing financing through our master lease with Key Bank. The lease will be for a period of 5 years.

This appropriation was approved by the Eaglecrest Board at its May 7, 2009 meeting.

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

2. Resolutions

a. Resolution 2492
A Resolution Authorizing The Manager To Convey Two Easements In The Vicinity Of Basin Road, One To Allow For An Encroachment By An Existing Building, The Other To Provide Access Across Portions Of Lots 1, 2, And 8, Block 38, U.S. Survey 7, Juneau Alaska Townsite Survey.

Exhibits A and B

This resolution would authorize conveyance of two easements across CBJ land in the Basin Road vicinity, for the purpose of resolving an encroachment problem involving a two-story house. One easement would be conveyed for the land underlying the back wall of the house, entryway, and stairs. The second would be a five-foot wide easement along the southeast and southwest walls of the house, conveyed for the purpose of providing access, as needed, to maintain the structure.

The Community Development, Public Works, Engineering, Parks and Recreation, and Fire departments were invited to comment on the proposed easements. There were no objections to issuance of the easements. The Assembly Lands Committee and the Planning Commission reviewed the proposed easements and recommended approval at their meetings of July 6, 2009 and July 14, 2009, respectively.

I recommend this resolution be adopted.

3. Bid Award

a. E09-186, JNU Runway Safety Area Improvements.  RED FOLDER ITEM

Bids are scheduled to be opened on Friday, August 7, 2009, and the bid protest period will expire at 4:30 p.m. on Monday, August 10, 2009. Results of the bid opening will be presented as a red folder item.

This project consists of: constructing additional runway safety area (RSA) embankments to the Federal Aviation Administration’s (FAA) standards; lengthening the parallel taxiway embankment; demolishing or installing runway and taxiway lighting as necessary; dredging the float plane pond (utilizing the material as embankment elsewhere in the project); filling and grading two areas slated for future development; realigning Duck Creek; realigning a nature trail around the extended RSA, construction of a pedestrian bridge; constructing concrete plank float plane ramps at the float plane pond and at the Mendenhall River; demolishing and installing airport fencing; replacing the segmented circle with lighted wind cone; installing storm drains and other drainage facilities; paving striping and marking; and relocating miscellaneous utilities disturbed by the work.

b. Bid No. 10-017, Term Contract For Trucking Service For City Streets

Bids were opened on the project on June 4, 2009.  The bid protest period expired at 4:30 p.m. on June 8, 2009.

This is a term contract from the date of award through June 30, 2010, with the option to renew for two additional contract periods. Based on previous years, the cost for this contract for all sections has ranged from $100,000 to $300,000.00 depending on winter snowfall and summer hauling needs.

I recommend award of this contract to Jugs, as the lowest responsive bid price, for a total estimated annual contract award of $250,000.


A. Ordinance 2009-12(b)
An Ordinance Amending The Animal Control Code.

This ordinance would rewrite the Animal Control Code. The revisions include the addition of the Parks and Recreation Dog Task Force recommendations concerning dogs on Parks and Recreation property, and many other general updating and housekeeping items. The Animal Hearing Board has reviewed the proposed changes, as has the director of the Gastineau Humane Society. Version (b) adds changes recommended by the Board, and assorted housekeeping changes.

I recommend this ordinance be adopted.

B. Ordinance 2009-08(F)
An Ordinance Appropriating To The Manager The Sum Of $3,300,000 As Funding For Auke Bay Seawalk Construction And Cruise Ship Dock Improvements, Grant Funding Provided By Alaska Department Of Commerce, Community And Economic Development.

Economic Impact Note 393

Economic Impact Note 395

This ordinance would appropriate $3,300,000 in two Alaska Department of Commerce, Community and Economic Development grants for two existing Capital Improvement Projects (CIP).

The Auke Bay Seawalk Construction grant, totaling $800,000, would be appropriated into the Statter Harbor Launch Ramp CIP to replace the recreational boat launch at Statter Harbor. The funding will be used to provide a pedestrian corridor along the waterfront from the existing launch ramp to the Auke Bay Elementary School crossing on Glacier Highway.

The Cruise Ship Dock Improvement grant, totaling $2,500,000, will be part of the Downtown Cruise Ship Berth Enhancement CIP. This project consists of replacing two old cruise ship piers. The current piers are too small to handle the panamax-size cruise ships and the configuration of the piers has caused loss of public access to the waterfront due to new maritime security requirements. This grant would help finance a portion of the project, which is estimated to cost $30 million.

The Docks and Harbors Board approved this action at its June 25, 2009 meeting. The Public Works and Facilities Committee approved this action at its July 27, 2009, meeting.

I recommend this ordinance be adopted.

C. Ordinance 2009-08(G)
An Ordinance Appropriating To The Manager The Sum Of $15,641 As Funding For Water Quality Monitoring At Sandy Beach, Grant Funding Provided By The State Of Alaska, Department Of Environmental Conservation.

Economic Impact Note

This ordinance would appropriate a $15,641 grant from the State of Alaska, Department of Environmental Conservation to fund a water-monitoring program for Sandy Beach, coordinated with the Alaska Department of Environmental Conservation (ADEC) Beach Grant Program Manager. There is no CBJ match required for this grant.

The Public Works and Facilities Committee approved this action at its July 27, 2009, meeting.

I recommend this ordinance be adopted.

D. Ordinance 2009-08(H)
An Ordinance Appropriating To The Manager The Sum Of $5,245 As Partial Funding For The Juneau Teen Health Center, Grant Funding Provided By The Alaska Department Of Health And Social Services.

Economic Impact Note

This ordinance would appropriate $5,245 as additional grant funding from the State of Alaska Department of Health and Social Services/Public Health for the FY10 operating budget. These funds will be used to serve additional adolescents, above the FY09 number served, through the Teen Health Center.

These services will be provided as an extension of the Teen Health Center working within the two Juneau high schools. The service period is July 1, 2009 through June 30, 2010.

I recommend this ordinance be adopted.





A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports
     1. VanDort vs. Planning Commission-Withdrawal





Note: Agenda packets are available for review 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: