Monday, December 15, 1997 - 7:00 PM

Assembly Chambers - Municipal Building

Meeting No. 97-43

Submitted by:

David R. Palmer

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1. City Attorney's Annual Evaluation

(Note: The Assembly may enter into Executive Session for this item)


VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual.)


The Consent Agenda includes routine items of business which may not require separate discussion. When the Mayor calls for public comment on the Consent Agenda, you may raise your hand and the Mayor will recognize you asking which item(s) you wish to have removed from the Consent Agenda for separate discussion and action. Following the removal of any item from the Consent Agenda, the Assembly votes on the remaining items in one motion. (Ordinances for introduction generally may not be removed from the Consent Agenda.)

All items that are removed from the Consent Agenda will follow the format of: Administrative or Committee Report, Public Hearing/Participation and Assembly Action.

A. Ordinances for Introduction:

1. Ordinance No. 97-49

An Ordinance Amending the Land Use Code to Change the Definitions of "Addition", "Gross Building Area", "Gross Leasable Floor Area", "Home Occupation", and "Net Floor Area"; to Add a Definition for "Gross Floor Area"; and to Make Corresponding Changes to Sections in Title 49 Using These Terms. Presented by the Manager.

The CBJ Land Use Code contains numerous references to floor area. The practice in the Community Development Department has been to calculate floor area based on the gross floor area, measured to the exterior walls of a building. This method is accurate in most cases, but there are some instances where it is inappropriate and confusing to the public. Most notably, it causes confusion when used to calculate the floor area of an accessory apartment or a home occupation space located within an existing building. The tendency is to measure the interior of the space, or net area, instead of the gross floor area.

These issues prompted a complete review of the various usages of "floor area" in the Land Use Code. We found that there were terms used in the code that were not defined and definitions that were not used. Ordinance 97-49 will resolve these conflicts.

The planning commission reviewed this ordinance at its meeting of November 25, 1997. The commission recommends introduction and adoption of the ordinance.

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

2. Ordinance No. 97-50

An Ordinance Amending the Criminal Code to Prohibit Urinating or Defecating in Public. Presented by the Manager.

This ordinance changes the criminal code to plainly state what is currently described as "creating an unsanitary condition".

The Juneau criminal defense bar has lately had some success convincing the district court that urine is a sterile liquid and therefore the act of urinating in public does not "create an unsanitary condition" as that term is used in the disorderly conduct ordinance. We have considered several methods of addressing this argument, but amending the ordinance seems the least disorderly. The existing ordinance is a euphemistic holdover from the 1950's Model Penal Code: the modern practice is to state these matters plainly.

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

3. Ordinance No. 97-51

An Ordinance Amending the Traffic Code to Revise Speed Limits. Presented by the Manager.

This ordinance corrects a badly outdated speed limit in the traffic code. The code presently establishes 60 and 70 miles an hour as the limit on undivided and divided highways respectively. We have been basing prosecution on signage and on state standards which pre-empt local ones, but this can sometimes be an awkward workaround and should not be necessary

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

4. Ordinance No. 97-52

An Ordinance Establishing the Offense of Violating Conditions of Parole, and Providing a Penalty for Violations Thereof. Presented by the Manager.

This ordinance would allow police officers to arrest a person who is violating a court-imposed condition of release from jail. The most common condition is a prohibition on consuming alcohol or entering a place where alcohol is served. Presently, the police cannot immediately arrest for these violations, and must apply for an arrest warrant or rely on statutes that apply only in special cases, such as domestic violence cases.

Anchorage has used an ordinance like this for several years and has found it to be an effective method for enforcing court-ordered conditions of release. The Juneau District Attorney is seeking a similar measure from the legislature.

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

5. Ordinance No. 97-17 (AC)

An Ordinance Appropriating to the Manager the Sum of $1,040,000 for Purchase of Four Replacement Transit Coaches for the Public Transit System. Such Funds Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

This action appropriates funds received under terms of a grant from the Alaska Department of Transportation and Public Facilities. The funds will be used to purchase four new buses for the Capital Transit system. These buses will replace four present vehicles operated by Capital Transit system. A copy of the grant agreement is enclosed for your information.

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

6. Ordinance No. 97-17 (AD)

An Ordinance Appropriating to the Manager the Sum of $2,500 for the Rope Rescue Team. Such Funds Provided by a Donation from Baywatch. Presented by the Manager.

This ordinance appropriates $2,500 donated to Capital City Fire/Rescue by the Baywatch Production Company. It is anticipated that the donated funds will be used by the Rope Rescue Team for training, although the final disposition will be at the direction of the new Fire Chief when he arrives in January.

During the filming of Baywatch, the Fire Department's volunteer rope rescue team provided services for the filming. Baywatch Production Company donated $2,500 in funding to the group. The volunteer services were not performed as a city function, but as individuals providing volunteer services. Since the funds were made payable to the CBJ, these funds are being deposited into the city's account and appropriated into the Fire Department budget for use by the Rope Rescue Team.

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

B. Resolutions:

C. Transfer Requests:

1. Transfer No. T-638: Transfers $10,000 from Cohen Drive/Randall Road Guardrail Repair (CIP R412-24) and $10,000 from Downtown Juneau Flood Damage (CIP R412-57) for a total of $20,000 to Julep Street Drainage Phase V (CIP R412-43)

This transfer will provide $20,000 to the Julep Street Phase V project, needed for final contractor payment and closeout costs. The Downtown Juneau Flood Damage Repair project is complete and can be closed out. The Cohen Drive/Randall Road Guardrail Repair project has not begun. Additional funds have been programmed in fiscal year 1999, when the work would be done.

After the transfer is approved the funds available balances, budgets, and status for the projects will be as follows:

Transfer Status/        Unobligated        Unobligated       Total Project
Project Number/         Funds Available    Funds Available   Budget
Project Name            Prior to Transfer  After Transfer    After Transfer    Status 

Transferred from:
Cohen Drive/Randall 
Road Guardrail Repair       $48,658            $38,658         $ 40,000        on-going 

Downtown Juneau 
Flood Damage                $10,000            $ -0-           $ 85,000         closing 

Transferred to: 
Julep Street Drainage V       $ 927            $20,927         $757,000         closing 

I recommend that this transfer be approved.



1. Ordinance No. 97-41

An Ordinance Amending the Sales Tax Code to Establish an Exemption for the Rental of Real Property Between a Lessor and Lessee Having Identical Legal Composition. Presented by the Manager.

Administrative or Staff Report

This ordinance amends the tax code to establish an exemption for leases between "identical parties". This seemingly simple concept has turned out to be very difficult to implement, given the many ways that businesses can organize themselves and the many kinds of relationships that they can establish with each other.

The revised ordinance in your packet reflects the direction given by the Ad Hoc Sales Tax Subcommittee at its meeting of November 25th, however the actual wording has only recently been developed by staff.

As this is a policy decision of the Assembly, I have no recommendation.

Public Hearing

Assembly Action

2. Ordinance No. 97-17 (AB)

An Ordinance Appropriating to the Manager the Sum of $289,980 For Purchase of One Snow Plow Truck. Such Funds, $280,626, Provided by the Federal Aviation Administration and $9,354 by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

Administrative or Staff Report

The ordinance appropriates a $280,626 grant from the Federal Aviation Administration (FAA) and a $9,354 grant from the Alaska Department of Transportation (DOT/PF) for acquisition of one replacement snow plow at the Juneau International Airport. The CBJ local match of $9,354 is FY97 General Sales Tax funds appropriated through the FY97 Capital Improvement Budget process.

The replacement plow is a high speed plow with a 10-yard dump truck box. Included in the purchase will be plow blades, all necessary hitches, aviation radios and the dump truck box. This will be the third truck to be ordered under the same bid; the two trucks previously ordered are expected to be delivered within a couple of weeks. This third truck must be ordered before December 31, 1997 when the bid expires.

The purchase of this truck will give the airport a common fleet of plow trucks which will greatly enhance maintenance and operating efficiency.

Your packet includes a copy of the grant agreement, received from the FAA on December 10.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

3. Proposed Findings in Bausler Appeal (USE97-00040)

On November 17, 1997, the Assembly sitting in its quasi-judicial capacity, hear oral argument in the Bausler appeal, which concerned the construction of a 40-unit apartment complex on Lot CH3, Emerald Subdivision on Crow Hill Drive, including a hillside endorsement. At the conclusion of oral argument, the Assembly announced its findings, voted to deny the appeal, and directed the Attorney to draft a proposed decision in accord with the findings. On December 2, 1997, the draft was circulated to the parties for comment as required by CBJ 01.50.140 (b) (3). The proposed findings, together with any comments received to date, is now before the body for action. The Assembly may adopt, amend, or reject the proposed findings.

As this is an adjudicatory matter, I have no recommendation.



A. Manager's Report - Action Items:

1. Juneau Library Internet Project

The library's request for an increase in its FY98 funding, for the addition of a halftime position to the Internet Project staff, has been forwarded to the Assembly by the Finance Committee by unanimous consent. The committee, at it's December 3 meeting, approved the request to expend $14,100 from FY98 Better Capital City funds for this project. Your packet includes a recent Internet report, and a summary of how the additional staff would help expand and improve the services already provided by the Library.

I recommend the Assembly adopt a motion to use Better Capital City funds, in the amount of $14,100 for the addition of a halftime position to the Library Internet Project staff.

B. Manager's Report - Information Item:

C. Attorney's Report:


A. Revised Pending Items

B. Unappropriated General Fund Unreserved Fund Balance

C. Assembly Contingency Fund Balance


A. Committee Reports:

1. Committee of the Whole

2. Finance Committee

3. Committee on Committees

a) Parks & Recreation Advisory Committee

4. Human Resources Committee

5 . Lands and Resources Committee

6. Public Works and Facilities Committee

7. Assembly Strategic Policy Committee

B. Board Liaison Reports


XV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).


NOTE: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audio tape containing the Assembly's agenda is available for review at all CBJ Libraries each Friday prior to the Assembly's Monday meeting.

ADA Accommodations Available Upon Request: Please telephone the Clerk's Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present. The Clerk's Office telephone number is 586-5278, TDD 586-5351.

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