Assembly of the City and Borough of Juneau

Monday, September 17, 2012, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2012-25




A. Foreign Student Recognition
B. Citizen Commendation – Jerry Burns, Bert Fawcett, Crystal Fawcett, John Feller


A.  August 27, 2012 – Regular Assembly Meeting 2012-24


(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 2012-20(S)
An Ordinance Appropriating To The Manager The Sum Of $552,685 As Additional Funding For The Juneau International Airport Runway Safety Area Capital Improvement Project, Grant Funding Provided By The Alaska Department Of Transportation.

Economic Impact Note

This ordinance would appropriate $552,685 to the Airport Runway Safety Area (RSA) Project. Funding is provided by an Alaska Department of Transportation matching grant for this project. This funding provides a portion of the match requirement for Phase 2A of the Runway Safety Area Project. Additional required match funding was adopted by the Assembly on July 16, 2012 (Ordinance 2012-20(A)).

The Airport Board recommended this action at its June 13, 2012 meeting.

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

2. Resolutions

a. Resolution 2628
A Resolution Expressing Assembly Support For The Location Of "The Whale Project," A Sculpture Of A Breaching Humpback Whale, In The Vicinity Of The Former City Shop Under The Juneau-Douglas Bridge.

In 2007, the Assembly expressed support for the breaching whale sculpture and, among other things, approved its placement in Marine Park. This resolution would support the placement of the whale sculpture in the vicinity of the former City Shop location at the Juneau-Douglas Bridge. This resolution also would reaffirm the authorization to the manager to accept and maintain the Whale Project on behalf of the City and Borough and prepare the site to receive and properly position the sculpture, subject to an engineering evaluation and the City and Borough’s budgeting process.

The Assembly Committee of the Whole recommended this action at its September 10, 2012 meeting.

I recommend this resolution be adopted.

3. Liquor Licenses

1. Liquor License Location Transfer
Wholesale-Malt Beverage & Wine License #4715
The Odom Corporation, d/b/a The Odom Corporation
Location Transfer From: 2266 Industrial Blvd., Juneau
Location Transfer To: 3143 Channel Drive, Juneau

2. Liquor License Location Transfer
Package Store License #828
Jack D. Tripp (no d/b/a, no premises)
Transfer To: d/b/a Tripp’s Viking Liquor
Location: 151 S. Franklin Street (Mt. Juneau Trading Post)

The above-listed liquor license transfers are before the Assembly to either protest or waive its right to protest. The Finance, Police, Fire, and Community Development Departments have reviewed the above businesses and found them to be in compliance with CBJ Code.

In the event the Assembly does protest one or more of the above-mentioned liquor licenses, 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.

I recommend the Assembly waive its right to protest the above liquor license transfer.


A. Ordinance 2012-36
An Ordinance Amending The Land Use Code To Remove The Geographical Restrictions On Reconstruction Of A Dwelling That Has Been Damaged.

Currently, the Land Use Code provides that lawfully non-conforming residential structures within residential zoning districts in the original historic town sites of Juneau and Douglas may be reconstructed if they are destroyed by fire or other means. However, the exception does not apply to residential structures in other areas of the Borough. If a residence does not conform to the present code, and it is severely damaged, it may be rebuilt in the same footprint only if located within the former City of Juneau or the City of Douglas.

The proposed ordinance would eliminate the geographic restriction and extend the exception areawide, allowing a damaged residence to be rebuilt throughout the Borough. The Planning Commission recommended this action at its August 28, 2012 meeting.

I recommend this ordinance be adopted.

B. Ordinance 2012-37
An Ordinance Amending The Traffic Code Relating To Parking.

This ordinance would define the term “registration” as it pertains to on-street parking management and obtaining a parking privilege. The purpose of the ordinance is to reduce potential confusion regarding what is or is not a valid registration of a vehicle within a parking management area. These changes were requested by the Juneau Police Department’s Community Service Officers, who issue parking citations and have found that magistrates hearing contested citations do not interpret the term “registration” in the existing language of CBJ 72.14 as city staff intended.

I recommend this ordinance be adopted.

C. Ordinance 2012-38
An Ordinance Amending The Health And Sanitation Code, Bear Attraction Nuisance Section.

This ordinance is a housekeeping measure that adds to the existing code a requirement to label garbage cans with the can renter’s address. The new garbage cans being rolled out by Arrow are mostly rental cans and not owned by the properties served.

I recommend this ordinance be adopted.

D. Ordinance 2012-20(O)
An Ordinance Appropriating To The Manager The Sum Of $110,000 As Funding For The Emergency Management Performance Grant, Grant Funding Provided By The State Of Alaska, Department Of Military And Veterans Affairs.

This ordinance would appropriate $110,000 in grant funds for the 2012 Emergency Management Performance Grant from the Alaska Department of Military and Veterans Affairs.

This appropriation would fund the goals and activities of the Emergency Management Performance Grant (EMPG), which supports employee payroll for three CBJ staff members while they are performing planning, training, and exercises of Emergency Management functions. EMPG performance includes, but is not limited to, the following tasks:

• Preparing the CBJ’s Local Capability Assessment (LCA) Document for the State.
• Required Attendance at the State’s Training and Exercise Planning Workshop.
• Maintaining NIMSCAST National Standards Compliance.
• Accomplishing Projects Identified Under the Jurisdiction’s 2012 EMPG Work Plan.
• Completing the FEMA Independent Study Professional Development Series.

There is a dollar-for-dollar in-kind match requirement for this grant that is met through Emergency Management staff personnel services.

I recommend this ordinance be adopted.

E. Ordinance 2012-20(Q)
An Ordinance Appropriating To The Manager The Sum Of $21,665 As Funding For The Purchase Of Police Equipment, Grant Funding Provided By The U.S. Department Of Justice

This ordinance would appropriate $21,665 in grant funds for the purchase of police equipment. Grant funding is provided by the U.S. Department of Justice, Justice Assistance Grant/Edward Byrne Formula Grant for Law Enforcement. At the June 4, 2012 Assembly meeting, Resolution 2616 was adopted authorizing the grant application.

The Edward Byrne Memorial Justice Assistance Grant Program allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system.

The Juneau Police Department will purchase police equipment with this grant. The equipment includes firearms for the SWAT team, rain jackets for patrol officers, and upgrades for the bomb robot.

There are no match requirements for this grant.

I recommend this ordinance be adopted.

F. Ordinance 2012-20(R)
An Ordinance Appropriating To The Manager The Sum Of $372,700 As Funding For A Negotiated Wage Increase And An Additional Longevity Step Added To The Wage Scale For MEBA And Non-Represented Employees, Funding Provided By The General Fund, Roaded Service Area Fund, Fire Service Area, Lands And Resources Fund, Downtown Parking Fund, Visitor Services Fund, Airport Fund, Harbors Fund, Dock Fund, Waste Management Fund, Water Fund, Wastewater Fund, Fleet Services Fund, Risk Management Fund And Special Assessment Funds Fund Balances.

This ordinance would appropriate $372,700 for a negotiated wage increase and an additional longevity step (Step N), including benefits, for Marine Engineers Beneficial Association, AFL-CIO, (MEBA) and non-represented employees. Funding is provided by the fund balances of the appropriate funds.

Resolutions 2617 and 2622 were reviewed and adopted by the Assembly on August 13, 2012. Resolution 2617 ratified the labor agreement between the CBJ and MEBA. Resolution 2622 adopted changes to the Personnel Rules to align them with the labor agreement ratified in Resolution 2617.

I recommend this ordinance be adopted.



A. Docks and Harbors – Regulations – Increase Potable Water Fees

At the April 26, 2012 Docks and Harbors Board meeting, it was proposed to increase the potable water fee to $4.67 per 1,000 gallons (from $3.35 per 1,000 gallons), effective October 1, 2012. This rate increase only applies to water at the Cruise Terminal and Alaska Steamship berths. A public hearing was held at the August 30, 2012 Docks and Harbors Board meeting, and the Board advertised that it would accept public comment through September 7. No public comments were received.

The potable water fees have not been raised since May 2005. The proposed new fee sets the markup at the same percentage as it was in 2005. The only other port in Southeast Alaska that sells metered water is the Port of Skagway ($4.20 per 1,000 gallons). Docks and Harbors sells approximately 27 million gallons at the downtown berth annually.


A. Update on Dog Issues


A. Mayor’s Report
B. Committee Reports
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: