Assembly of the City and Borough of Juneau

Monday, May 13, 2013, 7 p.m.
Assembly Chambers – Municipal Building
Regular Meeting No. 2013-12

Submitted by: Kimberly A. Kiefer, City and Borough Manager








A. Juneau Human Rights Commission – Essay Contest Prize Awards
B. Police Chief Greg Browning
C. Introduction of new CBJ Prosecutor – Chris Orman




A. April 22, 2013 – Regular Assembly Meeting 2013-10
B. April 29, 2013 – Special Assembly Meeting 2013-11




(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 2013-16
An Ordinance Specifying a Penalty for Engaging in Commercial Solicitation Within the Downtown Historic District and Adjacent Areas.


This ordinance would specify the penalty for violating the recently-adopted commercial solicitation (“hawking”) ordinance, at $150 per violation.


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


b. Ordinance 2013-18
An Ordinance Amending the Land Management Code.

Ordinance 2013-18 showing changes


Ordinance No. 2013-18 is the third in a series of ordinances being prepared as part of a comprehensive review and revision of Title 53, that part of the Municipal Code that addresses the acquisition, management and sale of the CBJ’s real property. Specifically, this ordinance proposes changes pertaining to the disposal of CBJ land.


The revisions noted in Ordinance 2013-18 are intended to clarify Title 53 by consolidating the general provisions that are relevant to all methods of land disposals into one location rather than restating the universal provisions under each type of land disposal.


For ease of review, a clean copy of the ordinance, which incorporates all of the proposed changes, is included in your packets.


The Docks and Harbors Board reviewed this ordinance at its March 28, 2013 meeting, and recommended approval. The Airport Board reviewed this ordinance at its April 10, 2013 meeting, and expressed concerns about the relevancy of this ordinance to airport land, because of the restricted status of airport property due to federal grant money. The City Attorney has determined that federal restrictions on property must be addressed regardless whether the land is managed by the airport or other CBJ departments and has further determined that the proposed ordinance, as written, neither diminishes nor compromises the CBJ’s obligations or intent to honor the terms of those restrictions. Therefore, no changes are needed to the proposed ordinance.


The Lands Committee reviewed this ordinance at its meetings on November 19, 2012 and April 29, 2013. At its April 29th meeting, the Lands Committee recommended forwarding the ordinance to the full Assembly for approval. To add clarity, minor changes to the proposed text, describing the process concerning pre-authorization to negotiate sales, have been added to the ordinance, in response to concerns expressed at the April 29th Lands Committee Meeting.


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


2. Bid Award

a. Bid No. DH13-438 CBJ Fisheries Terminal Dock Replacement


This project would replace the Fisheries Terminal Dock near the UAS Tech Center. The existing dock was damaged beyond repair when a vessel struck the structure. Funding for this project will be provided by the insurance company of the vessel owner.


Bids were opened on April 30, 2013. The bid protest period expired at 4:30 p.m. on May 1, 2013. Results of the bid opening are as follows:


Trucano Construction Company:       $106,489.00
North Pacific Erectors, Inc.:                  $108,158.00
Silver Bow Construction Company:    $204,000.00


Engineer’s Estimate                              $120,000.00


The Docks and Harbor Board recommended this bid award at a special public meeting held on May 7, 2013.


I recommend award of this project to Trucano Construction Company in the total bid amount, for a total award of $106,489.00.


3. Resolution

a. Resolution 2648
A Resolution Ratifying the Labor Agreement Between the City and Borough and the International Association of Fire Fighters, Local 4303, AFL-CIO.

Exhibit A_Tentative_IAFF_Agreement (64 page document)




This resolution would provide Assembly ratification of the terms of the tentative agreement negotiated between the City and Borough of Juneau and the International Association of Firefighter, Local 4303, AFL-CIO, for a collective bargaining agreement that will go in effect upon signing and expire on June 30, 2016.


The tentative agreement includes economic modifications to the pay plan and to the employer’s contribution for health insurance. The total cost of these provisions over the life of the contract are projected to be approximately $486,792.00.


In addition, there are minor operational changes that will increase administrative efficiencies and facilitate a more harmonious and cooperative workplace.


This tentative agreement has been ratified by the IAFF membership and the economic terms are in keeping with Assembly direction.


I recommend this resolution be adopted.




A. Ordinance 2013-10
An Ordinance Appropriating Funds From The Treasury For FY14 School District Operations.


This ordinance would appropriate to the School District an FY14 operating budget of $93,967,200. The School District’s operating budget is.


General Operations                                                                                $77,849,100
Special Revenue (pupil transportation, food service, etc)                 $6,430,700
Other Operations (student activities, debt service, grants, etc)        $9,687,400

Total Budget                                                                                             $93,967,200


The FY14 school budget is supported with a combination of funding sources that includes local funding of $24,904,400. This consists of $24,134,400 for general operations, $565,000 for student activities ($200,000 is coming from the 1% sales tax), $70,000 for pupil transportation and $135,000 for Community Schools. The $24,134,400 in general operating support is the maximum amount allowed under the State’s Education Foundation Funding Formula.


State Statute requires the Assembly determine the total amount of local educational funding support to be provided and provide notification of the support to the School Board within 30 days of the School District’s budget submission. To meet this timing provision, it is necessary for the Assembly to determine the amount of funding and provide notice in the month of April. This amount cannot subsequently be reduced, unless the amount exceeds the State funding CAP, but it can be increased.

By Charter, the Assembly is required to appropriate the School District’s budget no later than May 31, 2013.


At its May 8, 2013 meeting, the Assembly Finance Committee voted to recommend the original ordinance, which includes funding from CBJ to the School District at $24,904,400, to the Assembly for final consideration at the May 13, 2013 Assembly meeting.


I recommend this ordinance be adopted.


B. Ordinance 2013-13
An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of West Juneau Block D, Lots 11-14 Fraction, Lot 9 and 10 Fraction, Lots 7 Fraction and 8 Fraction, and Lot 6 and 7 Fraction, Located at the West End of the Douglas Bridge and Currently Zoned D-5, to D-18.


In July 2012 the applicant applied to have West Juneau, Block D, lots 11, 12, 13 and a fraction of lot 14 rezoned from D5 to D18. After reviewing the maps of the surrounding area and existing land uses it made sense to the Community Development Department to expand the rezone to include additional lots as shown on attachment A. Only the lots with access to the frontage road are proposed for inclusion.


On January 7, 2013 CDD held an informational meeting to discuss the proposed rezoning with owners of property in the area being considered for inclusion in the rezone. The area of the potential rezone is located adjacent to Douglas Highway and surrounded by D18 zoning to the east and north and D5 zoning to the west and south. The size of the lots and the development is similar to the surrounding area; both the areas zoned D18 and D5. There are a few multi-family complexes in the D18 neighborhoods but much of the area is developed as single family, single family with apartment, and duplex units. The Breeze In is located across the Douglas Highway from this area and is zoned D5, but is also included in the Convenience Store Overlay District.


The CBJ Land Use Code provides minimum restrictions for zone change requests. This proposal conforms to these restrictions as follows:

• The request is for less than 2 acres, but if approved will expand an existing D18 zoning district.
• No similar request has been made in the past year.
• This request substantially conforms to the land use maps of the 2008 Comprehensive Plan.


The Planning Commission at its February 22, 2013 meeting recommended the Assembly approve the rezone of the subject parcels from D-5 to D-18.


I recommend this ordinance be adopted.


C. Ordinance 2013-15c
An Ordinance Relating to Parking, Other Violations, Civil Fines and Civil Fine Procedure, and Providing for a Penalty.


This ordinance would establish a new process for handling parking and other violations of CBJ Code, to replace the infraction process invalidated recently by the Alaska Supreme Court. The ordinance would leave the content of the violations – parking rules – unchanged, but would allow notice of violations to be provided by affixing tickets to vehicles violating the parking rules. It also would provide for a hearing before an administrative hearing officer to be appointed by the City Manager, if requested within the time allowed to challenge a notice of violation.


Version c adds bear ordinance and woodsmoke violations to the new in-house appeal process, and further refines the procedure.


I recommend this ordinance be adopted.


D. Ordinance 2012-20(AM)
An Ordinance Transferring To The Manager Sum of $75,554 For The Open Space Waterfront Land Acquisition Capital Improvement Project From Unexpended FY12 Marine Passenger Fees Budgeted To The General, Visitor Services, And Roaded Service Area Funds.


This ordinance would transfer $75,554 of unexpended Marine Passenger Fees (MPF) revenues budgeted for specific purposes in FY12, 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 FY12 transfer consists of:

DBA - Downtown Ambassador Program Funds          $7,518
AJ Dock                                                                              $10,000
Franklin Dock                                                                      $2,994
Seasonal BLS-EMS Transport Program                        $5,383
JCVB Crossing Guard Program                                    $19,185
Downtown Sidewalk Cleaning and Maintenance       $22,752
Downtown Foot and Bike Patrol                                       $7,722

Total                                                                                    $75,554


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


I recommend this ordinance be adopted.


E. Ordinance 2012-20(AN)
An Ordinance Transferring To The Manager The Sum Of $300,000 To Return Funds To The Waterfront Seawalk Capital Project Fund, Funding Provided By The General Fund Fund Balance.


This appropriation would transfer $300,000 from the General Fund fund balance back to the Waterfront Seawalk Capital Project.


Resolution Serial No. 2473, adopted on April 27, 2009, authorized the Manager to negotiate and enter into an agreement with East End Associates, Inc., regarding the extension of the seawalk through Taku Fisheries property.


On July 1, 2009, the CBJ and East End Associates, Inc., entered into an agreement called the Seawalk Agreement. As part of that agreement, the CBJ funded a portion of the Refrigerated Seawater System ($480,000) and agreed to loan up to $300,000 for the remainder of the costs of the installed system. The agreement stipulated that application for the loan shall be made within 180 days of closing.


The Waterfront Seawalk Capital Project was identified as the funding source for both the $480,000 payment and the $300,000 loan.


To date, East End Associates has made no request for the loan funds and the funds should be returned to the Waterfront Seawalk Capital Project.


I recommend this ordinance be adopted.


F. Ordinance 2012-20(AO)
An Ordinance Appropriating To The Manager The Sum Of $250,000 As Funding For The Auke Lake Wayside Boat Launch Ramp, Grant Funding Provided By The Alaska Department Of Commerce, Community And Economic Development.


This ordinance would appropriate a $250,000 Community Coastal Impact Assistance Program grant from the Alaska Department of Commerce, Community, and Economic Development to design and construct a boat launch ramp at Auke Lake Wayside. This grant is reimbursement for expenditures already incurred. There is no grant match required.


This project was completed in summer 2011. Total project costs were approximately $291,770. This project was originally funded by Sales Tax ($250,000) and the CBJ Lands Fund ($50,000). Grant funds will allow reimbursement to the Lands Fund ($50,000) and will allow transfer of the remaining ($200,000) Sales Tax funding to other Parks and Recreation capital projects.


The Public Works and Facilities Committee heard this proposed action at its April 8, 2013 meeting and has forwarded this appropriation to the full Assembly for approval.


I recommend this ordinance be adopted.

G. Ordinance 2012-20(AP)
An Ordinance Transferring to the Manager the Sum of $800,000 To Transfer Funds To The 2009 Special Capital Projects 1% Sales Tax Fund Fund Balance, Funding Provided By The Capital Improvement Projects Fund.


This housekeeping appropriation would transfer $800,000 from the Capital Improvement Projects fund back to the 2009 Special Capital Projects 1% Sales Tax Fund fund balance.


Due to a communication error, a total of $7,300,000 was budgeted to be transferred. This ordinance corrects the transfer amount to $6,500,000.


I recommend this ordinance be adopted.


H. Ordinance 2012-20(AQ)
An Ordinance Appropriating to the Manager the Sum of $300,000 as Partial Funding For The Eagles Edge Utility Local Improvement District Capital Improvement Project, Loan Funding Provided by the State of Alaska Department of Environmental Conservation.


This Ordinance would appropriate to the Manager $300,000 of loan funds from the State of Alaska, Department of Environmental Conservation. The loan funds will be added to the ongoing Eagles Edge Utility LID CIP R72-053 for the Eagles Edge Subdivision Water Project. This loan provides low interest funding to cover the Local Improvement District (LID) assessments and allows the CBJ to offer the property owners financing of their LID Payments at the low interest rate of 2% instead of CBJ having to borrow money at competitive market interest rates.


Assembly Resolution 2630, adopted November 5, 2012, authorized the City Manager to enter into this loan agreement with ADEC. The Public Works and Facilities Committee passed a motion of support for the resolution at its October 29, 2012 meeting.


The Public Works and Facilities Committee heard this action at its April 8, 2013 meeting and has forwarded this appropriation to the full Assembly for approval.


I recommend this ordinance be adopted.


I. Ordinance 2012-20(AR)
An Ordinance Appropriating to the Manager the Sum of $9,399 as Funding For The Purchase Of Three Early Literacy Interactive Computer Stations, Grant Funding Provided by the State of Alaska Department of Education and Early Development.


This ordinance would appropriate $9,399 in grant funding received from the Alaska State Library, Division of Libraries, Archives and Museums, Department of Education and Early Development for the purchase of three early literacy interactive computer stations, one for each public library in Juneau. This funding comes entirely from a State Library grant and requires no matching funds from the CBJ. These machines replace older stations and there is no impact on the operating budget or maintenance contracts. The grant was awarded in April 2013 and the terms of the grant require expenditure in FY13.


I recommend this ordinance be adopted.






A. Regulation Port Development Fee


At its November 29, 2010 meeting, the Assembly adopted Resolution 2552 which modified the Port Development Fee requirements. Although the terms of the resolution have been implemented, changes within regulations have not been made. A public hearing was held at the April 25, 2013 Docks and Harbors Board meeting, and the Board advertised that it would accept public comment through May 8, 2013. No public comments were received.

This ordinance would update 05 CBJAC 15.100(b) by stipulating the Port Development Fee is $3.00 per arriving passenger for all vessels greater than 200 tons and not exempt under regulation.


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 choose 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.






A. Mayor’s Report
B. Committee Reports
C. Liaison Reports
D. Presiding Officer Reports







A. Appeal of USE2012 0019 – Lemon Creek Gravel Extraction – Assembly Deliberation.



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: