Assembly of the City and Borough of Juneau

Monday, February 28, 2011, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2011-04






A. February 7, 2011 – Special Assembly Meeting 2011-02
B. February 7, 2011 – Regular Assembly Meeting 2011-03


(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 2011-06
An Ordinance Amending The City And Borough Traffic Code To Allow Operation Of Low-Speed Vehicles On Certain Roads.

This ordinance would allow low-speed vehicles to operate on roads within the city and borough, under certain conditions. It was requested by the local office of the U.S. Forest Service, which has a low-speed vehicle it would like to operate. The ordinance would adopt the state definition of a low-speed vehicle, and require operators to pull to the side of the road to allow faster traffic to pass.

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

b. Ordinance 2011-07
An Ordinance Providing For The Issuance And Sale Of A General Obligation School Bond In The Aggregate Principal Amount Of Not To Exceed $24,453,289.22; And Providing The Form And Terms Of The Bond And For Unlimited Tax Levies To Pay The Bond.

This ordinance would authorize the issuance of $24,453,289.22 in General Obligation School Bonds. Of this amount, $5,753,289.22 was approved by the voters on October 6, 2009 for the Gastineau Elementary School and $18.7 million was approved by the voters on October 5, 2010 for the Auke Bay Elementary School. The voter approval for the Gastineau School was $11.8 million. We previously issued $6 million of the Gastineau School bonds. This bond issue also included $46,710.78 premium, leaving a balance of $5,753,289.22 to be issued (this issue). The bonds will be issued for a term of 10 years.

These bonds qualify for 70% reimbursement under the State’s School Construction Bond Debt Reimbursement Program. However, the reimbursement under the State’s Debt Reimbursement Program is subject to annual appropriation. The debt service, after the State’s reimbursement, will be paid from property taxes. The estimated total cost of the debt service, including interest at an average rate of 3.4%, is $29.25 million. CBJ should receive reimbursement from the State of $20.475 million, assuming full state funding, leaving $8.775 million to be funded from property tax levies. The maximum estimated tax mill levy, assuming full state funding, will be 0.22 mills or $22 per $100,000 in assessed value.

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

c. Ordinance 2011-08
An Ordinance Creating A Special Assessment For Capital Improvements By Agreement, For Benefitted Property Owners Not Included In The Assessment Roll For Local Improvement District No. 130.

Exhibit A

Due to an error by the Engineering Department, two properties that were not included in LID 130 were served with sewer. By not including these owners in the LID process, we failed to give them the opportunity to object to their assessments, or comment regarding the extension of municipal sewer to their properties.

We have contacted both property owners, explained the situation, and offered them the choice of opting into an agreement exactly the same as received by other owners in LID 130, or of waiting to be included in a future sewer LID. We have also proposed that they be assessed in the same manner as the other owners in LID 130. The owners in LID 130 will be availed low-interest financing for their assessments that may not be available in the future. Both owners chose to receive the financing terms available to LID 130 owners.

To make this happen, we need to pass an authorizing ordinance (similar to the process in 15.10.290, Capital Improvement by Agreement). That ordinance will effectively act like a mini-LID for these two property owners.

The Public Works and Facilities Committee recommended this action at its February 14, 2011 meeting.

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

d. Ordinance 2010-11(AI)
An Ordinance Appropriating To The Manager The Sum Of $480,000 As Partial Funding For The North Douglas And West Mendenhall Valley Sewer Expansion Capital Improvement Projects, Funding Provided By The State Of Alaska Department Of Environmental Conservation.


This ordinance would appropriate $480,000 in loans from the Alaska Department of Environmental Conservation’s Alaska Clean Water Fund as funding for the financing of the Local Improvement District (LID) assessments for the following projects:

• $210,000 – North Douglas Sewer Expansion
• $270,000 – West Mendenhall Valley Sewer Expansion

The terms of the low-interest loans under the Alaskan Revolving Loan Fund program are 10 years at 1.5-percent interest. These appropriations will allow the property owners in the LIDs to obtain the favorable low-interest rate for financing their assessments. On past LIDs, CBJ has made similar accommodations to other property owners to obtain the low financing rate.

The Public Works and Facilities Committee recommended this action at its February 14, 2011 meeting.

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

e. Ordinance 2010-11(AJ)
An Ordinance Appropriating To The Manager The Sum Of $2,000,000 As Additional Funding For The Bartlett Regional Hospital Roof Replacement Capital Improvement Project, Funding Provided By Bartlett Regional Hospital Fund Balance.

Economic Impact Note

This ordinance would appropriate $2,000,000 from the Bartlett Regional Hospital reserve account to provide additional funding for a Bartlett Regional Hospital Roofing Replacement Capital Improvement Project.

The oldest section of the roof is 43 years old and has begun to leak. These are the old “upside down” IRMA design roof assemblies; the new roof assemblies will have the benefit of improving the energy efficiency of the building. New exterior metal siding will be incorporated into the design to seal leaking exterior precast concrete panels, and included as a bid alternate. Design is underway and the project will be ready to go out to bid in late March.

The Public Works and Facilities Committee recommended this action at its February 14, 2011 meeting.

The Hospital Board recommended this action at its February 22, 2011 meeting.

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


2. Resolutions

a. Resolution 2556(b)
A Resolution Authorizing The Acceptance Of A Donation Of The Archie Van Winkle Memorial From Archie Van Winkle Memorial, Inc.

Archie Van Winkle was born in Juneau in 1925. As a U.S. Marine, he fought in World War II, the Korean War, and the Vietnam War. He was awarded the Medal of Honor in 1952 for his actions during the Korean War. He is the only Alaskan to have received the Medal of Honor.

The Archie Van Winkle Memorial, located at the Cruise Ship Terminal, was dedicated on October 1, 1997. Pat Carothers, Tim Armstrong, and others of Archie Van Winkle Memorial, Inc., a non-profit corporation, were instrumental in the development and placement of the memorial that is located on CBJ property and managed by the Docks and Harbors Department. The Archie Van Winkle Memorial, Inc. organization proposes to transfer ownership of the memorial to CBJ.

The Docks and Harbors Board recommended this action at its December 2, 2010 meeting and the Assembly Lands Committee recommended this action at its December 13, 2010 meeting.

I recommend this resolution be adopted.

b. Resolution 2561
A Resolution De-Appropriating $19,851 From The Arctic Winter Games Bid, Planning, And Submission Grant.

Economic Impact Note

This resolution would de-appropriate $19,851 in Alaska Department of Commerce, Community and Economic Development Grant Funding, for the “Arctic Winter Games Bid, Planning and Submission”.

CBJ contracted with the Eaglecrest Foundation to identify resource needs, resource availability, and the estimated costs of hosting the games. It was decided by the Assembly that the costs associated with holding the Arctic Winter Games in Juneau would be prohibitive at this time.

I recommend this resolution be adopted.

c. Resolution 2562
A Resolution Expressing Assembly Support For The Extension Of, And Amendments To, The Alaska Coastal Management Program.

The Alaska Coastal Management Program is currently under review by the legislature and is scheduled to sunset in July 2011. This resolution would express support for continuation of the program. It is the same resolution submitted by the Alaska Municipal League.

I recommend this resolution be adopted.

d. Resolution 2563
A Resolution Waiving CBJ Personnel Rule 16 PR 050, Nepotism, to Authorize the Employment of Two Related Individuals in the Capital City Fire/Rescue Department.

Fire Chief Richard Etheridge and Firefighter/EMT III John Adams are related by marriage, they are brothers-in-law. Both individuals were employed by Capital City Fire and Rescue prior to Chief Etheridge being placed in a supervisory capacity over Firefighter/EMT III Adams. According to 16 PR 050, these two employees may not have a direct supervisory relationship, which is defined to include anyone within a direct chain of command.

Both employees are exemplary and their service to the citizens of Juneau is very valuable. Further, because of the nature of the work, neither employee can be reassigned within the CBJ or continue in his chosen profession except through relocation to another community. Other communities facing this dilemma, including the Municipality of Anchorage, have sought waivers of their Nepotism Policies at the Assembly level.

In agreeing to this waiver, CBJ management assures the Assembly that there will always be at least one layer of supervision between the two employees, that Chief Etheridge will not be involved directly or indirectly in employment-related decisions directly or indirectly impacting Firefighter Adams, and that employment-related decisions impacting Firefighter Adams will be reviewed by the Human Resources Office prior to approval.

Given the unique circumstances of this situation, I recommend that this resolution be adopted.

e. Resolution 2564
A Resolution Authorizing A Co-Application With The Juneau Arts And Humanities Council For A National Endowment For The Arts Grant To Fund Plan Development For A Performing Arts Theatre.

Ritter Letter

The Juneau Arts and Humanities Council (JAHC) recently became aware of a grant funding opportunity from the National Endowment of the Arts (NEA). The grant provides for cultural district and cultural/arts facility planning in $50,000 increments, up to $250,000. The grant requires a one-to-one match. If successful, the JAHC proposes to partner with CBJ to pursue a $50,000 grant ($100,000 project) for concept/schematic development of a medium-sized performing arts theatre, sited between the Juneau Arts and Cultural Center (JACC) and Centennial Hall. The JAHC considers this type of facility, with a preliminary cost estimate of $20 million, to be a more reasonable and attainable goal than the previously discussed full-scale $60 million performance hall. The current JACC facility would continue to be utilized, as it is now, for group functions and as a multipurpose venue.

The grant requires submittal of a resolution of support from local government along with an initial statement of interest from the applicant(s), which is due March 1, 2011. Identifying a funding source for the match is not required at this time, but the Lands Fund has been offered as a potential source. The project proposal will have land use impacts in the Willoughby District where a CBJ planning effort is nearing completion (with funding provided by the Lands Fund). It is anticipated that some “fine tuning” and more specific design work will be necessary to address parking; pedestrian circulation to and around the facility; as well as the interface with Centennial Hall and opportunities for future expansion of this facility. The primary purpose for the grant will be to develop plans for a performing arts theatre and, as a secondary component, to plan for the associated land use considerations in context with the goals of the Willoughby District plan.

The JAHC is reviewing whether in-kind services from local architects and other professional services can contribute to the match requirement, thereby reducing the hard funding amount. As proposed, this resolution identifies CBJ and the JAHC as co-applicants and provides a statement of joint interest to pursue the NEA grant opportunity to the next round of competitive proposals.

I recommend this resolution be adopted.

3. Transfers

a. T- 925
Transferring $50,000 From The Last Chance Basin Hydro-Geo Investigation Capital Improvement Project, To The Juneau-Douglas Bridge Waterline Capital Improvement Project.

Impact of Budget Action

The waterline suspended underneath the Juneau-Douglas Bridge is in need of repairs. The restraint system and supports that attach the waterline to the bridge are beginning to wear and fail. An in-depth analysis and design are needed to determine the most cost effective approach to repair the restraint system. We believe the waterline itself to be in good shape.

The Public Works and Facilities Committee recommended this action at its January 31, 2011 meeting.

I recommend this transfer be approved.

4. Bid Awards

a. Bid E11-146, Dixon and Main Streets Reconstruction

Bids were opened on the subject project on February 16, 2011. The bid protest period expired at 4:30 p.m. on February 17, 2011.

This project consists of the reconstruction of Dixon Street, replacement of the two stairway segments at West Eighth Street, and reconstruction of Main Street, from West Fifth Street to Seventh Street.

I recommend award of this project to Miller Construction Company, Ltd., in the total amount bid, for an award of $1,023,813.45.

5. Liquor License

a. Liquor License Renewals

The following list of liquor license renewals are before the Assembly to either protest or waive the right to protest these renewals. The Finance, Police, Fire, and Community Development Departments have reviewed these businesses and found them to comply with CBJ Code and are recommending the Assembly waive its right to protest these renewals. In the event the Assembly does protest one or more of the above-mentioned liquor license renewals, CBJ Code 20.25 requires notice, with specificity regarding the nature and basis of the protest, to be sent to the licensee and provides the licensee an opportunity to exercise their right to an informal hearing before the Assembly.

1. Beverage Dispensary-Tourism License #313: Juneau Hospitality LLC d/b/a Prospector Hotel/TK Maguires, location 375 Whittier Street.

2. Restaurant Eating Place License #4584: Zephyr LLC d/b/a Zephyr, location: 200 Seward Street.

3. Wholesale-Malt Beverage & Wine License #4081: K&L Distributors Inc. d/b/a K&L Distributors, location: 375 Whittier Street.

4. Restaurant Eating Place License #1384: Alfonso Soriano d/b/a Jovany's Italian Restaurant, location: 9121 Glacier Highway.

5. Beverage Dispensary License #2844: Sandbar Inc. d/b/a The Sandbar, location: 2525 Industrial Boulevard.

I recommend the Assembly waive its right to protest the above Liquor License Renewals.


A. Ordinance 2011-03(b)
An Ordinance Amending The Personnel Management Code.

This ordinance would amend the existing Labor Management Code in three areas. First, it would provide for specific areas of expertise and background for volunteer members of the Personnel Board. Second, it would make the determination of how groups of employees are organized for collective bargaining purposes consistent with the framework of the National Labor Relations Act and the State of Alaska’s Public Employment Relations Act. Finally, it would provide clarified protocols for management and employee organizations during the collective bargaining process when deadlock or impasse occurs.

These changes are proposed with the intent of fostering harmonious labor management relations, providing clarity in determining collective bargaining units, and enhancing the collective bargaining process when disputes arise.

I recommend this ordinance be adopted.

B. Ordinance 2011-05
An Ordinance Amending The Penal Code To Prohibit The Manufacture, Assembly, Distribution, Marketing, Sale, Use, Or Possession Of Substances Containing Synthetic Cannabinoids, And Providing For A Penalty.

This ordinance would prohibit the manufacture, sale, and possession of synthetic cannabinoids, “artificial marijuana.” It is modeled on a recently adopted Anchorage ordinance. Because drug laws are generally a state responsibility in Alaska, this ordinance is temporary, intended to be in effect only until the State takes substantially similar action,
as is expected. The ordinance would make manufacture or sale of the products a misdemeanor, and possession an infraction, and includes escalating penalties for repeat offenses.

I recommend this ordinance be adopted.

C. Ordinance 2010-11(AG)
An Ordinance Transferring $103,810 To The Open Space Waterfront Land Acquisition Capital Improvement Project, The Source Is Unexpended FY10 Marine Passenger Fees Budgeted To The General, Visitor Services, And Roaded Service Area Funds.

Economic Impact Note

This ordinance would transfer $103,810 of unexpended Marine Passenger Fees (MPF) revenues budgeted for specific purposes in FY10 and not expended by the fiscal year end to the Open Space Waterfront Land Acquisition CIP. This transfer is consistent with the Assembly’s direction on the disposition of unexpended MPF funds.

The FY10 transfer consists of:

• Downtown Sidewalk Maintenance Funds $ 14,260
• Downtown Foot and Bike Patrol Funds $ 34,180
• Downtown Ambassador Program Funds $ 12,700
• Downtown Historic District Development Design $ 35,000
• JCVB Crossing Guard Program $ 7,670

For accounting purposes, the funds will first be refunded to the Marine Passenger Fee Fund (MPF) and then be transferred to the Open Space Waterfront Land Acquisition CIP.

I recommend this ordinance be adopted.

D. Ordinance 2010-11(AH)
An Appropriation Transferring to the Manager the Sum of $14,090 As Funding for the Eaglecrest Fund Raising Operating Account, Funding Provided by the Challenge Grant Capital Improvement Project.

The Challenge Grant was originally awarded from the Rasmuson Foundation in December 2007 and placed in an Eaglecrest Capital Improvement Project. The Challenge Grant is a dollar-for-dollar match of monies raised by the Eaglecrest Foundation Board of Directors and the Eaglecrest Board of Directors. The grant award was not restricted as to use and is being transferred to an Eaglecrest operating account to fund the FY11 “Books 2 Boards” youth ski program. A total of $16,000 was available for the grant award and the two boards raised a total of $14,090. The $14,090 donation from the Eaglecrest Boards was received as restricted funding and will be appropriated in FY12 for the “Books 2 Boards” youth ski program.

The Public Works and Facilities Committee approved this Appropriation at its Dec. 13th meeting and recommended forwarding it to the Assembly for approval.

I recommend this ordinance be adopted.



A. Liquor License Renewals with Staff Protest Recommendations

Staff is recommending the Assembly protest the renewal of the following liquor license based on unfiled and/or delinquent sales tax returns and the associated outstanding balances. The licensee has been sent a certified letter (copies of which are included in your packet) notifying them of the basis for protest and their right to an informal hearing before the Assembly as provided in CBJ Code 20.25.025. The Assembly Human Resources Committee met just prior to this meeting and will be forwarding recommendations for action on this liquor license renewal.

1. Restaurant Eating Place License #1915: Virginia Ann Jefferson d/b/a Thane Ore House, location: 4400 Thane Road

I recommend the Assembly adopt the recommendations of the Human Resources Committee.


A. Update on Pool Issues – Kim Kiefer


A. Mayor’s Report
B. Committee Reports
       1. Assembly Goals 2011
C. Liaison Reports
D. Presiding Officer Reports





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: