Monday, June 7, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-18


Submitted by: _____________________________

David R. Palmer

City & Borough Manger

  4. 1. 04/12/99 – Regular Mtg. No. 99-12

    2. 04/19/99 – Regular Mtg. No. 99-13


    1. Capital Transit Employee Dennis Martin Honored

    Dennis Martin participated in the 1999 All Alaska Bus Roadeo in Anchorage on May 15th. Dennis achieved a total score of 440 out of a possible 610 points in the 30-foot bus class, which included the best drivers from Fairbanks and Barrow. This is a nationally recognized test of bus driver skills – his score was by far the best of any of the other participants in the 30-foot size range, and he was named State Champion for this event.

    A proclamation will be presented to Mr. Martin at tonight’s meeting, to recognize his outstanding performance.

  6. 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.

  1. Ordinances for Introduction:

1. Ordinance No. 99-19

An Ordinance Repealing and Reenacting Title 19, the Building Regulations of the City and Borough of Juneau Code. Presented by the Manager.

The Building Code Advisory Committee has worked with the building division and fire department staff to recommend the readoption of Title 19, Building Regulations. This revision includes repeal of the 1991 editions and adoption of the 1997 Uniform Building, Fire, Plumbing, Mechanical, Housing and Abatement of Dangerous Buildings Codes as well as repeal of the 1993 and adoption of the 1996 National Electric Code and adoption of the 1995 One and Two Family Dwelling Code. The ordinance includes local modifications, a total rewrite of the administrative sections and numerous other changes detailed in the attached summary.

The Building Code Advisory Committee conducted a public hearing on January 13, 1999, to obtain comments on this proposal. Results of that hearing were included with the Public Works and Facilities Committee meeting packets leading to their meeting on March 17, 1999, to review the proposal. This proposed ordinance includes those items that the PW&F Committee recommended for adoption.

A copy of the published codes is available for the joint use of the Assembly in the Assembly Chambers during introduction and public hearing and at all times in the building division office.

Note: due to the length of the document, only the Assembly, Manager, Clerk, City Attorney and the Libraries have copies of the entire ordinance. You may access a copy on-line at or, or review copies at any CBJ Library or the Municipal Clerk’s Office. A summary has been included in all packets.

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

2. Ordinance No. 98-17 (AN)

An Ordinance Appropriating to the Manager the Sum of $12,000 for a Grant to the Perseverance Theatre. Such Funds Provided by the U. S. Department of Agriculture Southeast Alaska Economic Relief Funds (SAEF). Presented by the Manager.

This ordinance appropriates $12,000 of U. S. Department of Agriculture Southeast Alaska Economic Relief Funds (SAEF) for a grant to the Perseverance Theatre. This Challenge Grant from the CBJ has been used to leverage new and ongoing funds during the Theatre’s "Meet the Challenge Campaign".

The Assembly Finance Committee, at their meeting of May 26, 1999 approved this action.

A copy of a final report from Perseverance Theatre listing new support, which resulted from the Challenge Campaign and the Finance Committee minutes, can be found in your packet.

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

3. Ordinance No. 98-17 (AO)

An Ordinance Appropriating to the Manager the Sum of $24,400 for Additional Environmental Assessment Work for the Runway Safety Area Project at the Juneau International Airport. Such Funds Provided by the Federal Aviation Administration. Presented by the Manager.

This ordinance appropriates $24,400 from the Federal Aviation Administration (FAA) as partial payment for the environmental assessment for the runway safety area and associated projects at the Juneau International Airport.

The safety area is the next major project the airport will undertake. The project involves expanding the runway safety area by about 1,700 feet in length and 150 feet in width. The FAA is requesting that the safety area project include a medium intensity approach lighting system for Runway 26. However, before the project can proceed, an environmental assessment has to be completed. The FAA will pay for the increased cost of the assessment for inclusion of this light system.

A copy of the FAA contract can be found in your packet.

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

 B. Transfer Requests:

1. Transfer No. T-666: Transfers $40,000 from the Airport Revolving Capital Reserve Account (CIP A345-33) to Wetlands Fill Jordan Creek Dredge Pond

The Airport has applied for and is nearing the point of receiving a permit to fill wetlands on the airport. These wetlands were created from a dredge pond near Jordan Creek. Conditions of the permit include $40,000 for mitigation. Of this amount, $30,000 will be paid to the US Geological Survey for a hydrological study of the Jordan Creek watershed, and $10,000 will be paid to the Southeast Alaska Land Trust for wetlands preservation work. These funds will be taken from the PFC Capital Reserve Account (reimbursement funds from previous projects) and will be eligible for reimbursement through a future PFC application.

As a condition of the U. S. Corps of Engineers permit for the project, the Juneau International Airport is required to have an acceptable mitigation plan for the impact the project will have upon the wetlands near the creek. Two projects funded by this transfer will satisfy the mitigation requirements:

      1. $30,000 will be used to pay for a hydrological study of the Jordan Creek watershed, and
      2. $10,000 will be contributed to the Southeast Alaska Land Trust for wetland preservation work.

This action was approved by the Airport Board at the April 14th and May 12th, 1999, Board Meetings. A copy of those minutes can be found in your packet.

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

Transfer Status/ Project
Project Number/
Project Name

Prior to Transfer
Funds Available
After Transfer
Total Budget
After Transfer

Transferred from:
Airport Revolving
Capital Reserve Account

$310,446 $270,446 $270,446 Ongoing

Transferred to:
Wetlands Fill for
Jordan Creek DredgePond

$-0- $40,000 $40,000 New Project


I recommend that this transfer be approved.


C. Bid Award:

1. Contract No. E99-154: "H" Street Sewer

Bids were opened on the subject project on May 26, 1999. The bid protest period expired at 4:30pm on May 27, 1999. Results of that bid opening are as follows:




Glacier State Contractors, Inc.


Duran Construction


Hulegaard Construction


Gastineau Contractors, Inc.


Arete Construction Corporation


Miller Construction Company, Ltd.


Engineer's Estimate


This project consists of construction of approximately 300 linear feet of PVC sewer pipe and manhole; underdrain construction; stairway reconstruction and miscellaneous related work.

I recommend award to Glacier State Contractors, Inc. in the amount bid, for a total award of $55,675.00.

2. Contract No. E99-354: Savikko Park Fields 3 & 4 Improvements

Bids were opened on the subject project on May 27, 1999. The bid protest period expired at 4:30pm on May 28, 1999. Results of the bid opening are as follows:

Base Bid
Add. Alt.
Channel Construction, Inc.
Bicknell, Inc.
Glacier State Contractors
Miller Construction Co., Ltd.
Gastineau Contractors, Inc.
Arete Const. Corporation
Duran Construction, Inc.
Engineer's Estimate

This project, which is the first Proposition 3 bid project, consists of the Base Bid, to resurface Fields 3 and 4 at Savikko Park. The alternate work includes installation of approximately 12,980 square yards of reinforcement fabric.

I recommend award to Channel Construction, Inc. in the amount bid for the Base Bid and the Additive Alternate, for a total award of $113,869.85.

3. Contract No. E99-355:1999 Dimond Park Site Improvements

Bids were opened for the subject project on May 28, 1999. The bid protest period expired at 4:30pm on June 1, 1999. Results of the bid opening are as follows:




Channel Construction, Inc.

$ 83,257.25

Miller Construction Company, Ltd.


Duran Construction, Inc.


Glacier State Contractors, Inc.


Arete Construction Corporation


Engineer's Estimate


This project consists of ditch grading around the soccer field and reconstructing the playing surface of the soccer field at Dimond Park.

Funding Source: Parks and Recreation FY/99 Park Maintenance Budget

Total Project Funds: $424,588

I recommend award of this project to Channel Construction, Inc. in the amount bid, for a total award of $83,257.25.

4. Contract No. E99-360: East End Improvements & Compass Rose Expansion

Bids were opened on the subject project on May 28, 1999. The bid protest period expired at 4:30pm on June 1, 1999. Results of the bid opening are as follows:



Base Bid

Add. Alt. 1

Add. Alt. 2

Add. Alt. 3








South Coast, Inc.






Glacier State Contractors, Inc.






Engineer's Estimate






The Base Bid includes paving taxiway areas in the vicinity of the Middelton Hangars and a yet-to-be constructed hanger at the Juneau International Airport, including constructing an asphalt ramp in the vicinity of Aero Services. Additive Alternate No. 1 includes construction of approximately 890 l.f. of 10-inch D.I. waterline, and approximately 165 l.f. of 8-inch D.I. waterline. Additive Alternate No. 2 includes paving improvements at Gate "F". Additive Alternate No. 3 includes paving an extended ramp area near Middelton Hangar.

Funding Source: FAA grant; PFC; State of Alaska DOT/PF

Total Project Funds: $1,033,515

I recommend award of this project to SECON, Inc. in the amount bid for the Base Bid and all three Additive Alternates, for a total award of $632,896.50.

5. Bid No. 99-200: Electrical Contract

Bid #99-200 Electrical Contractor for City and Borough of Juneau was opened on May 28, 1999. The protest period expires on June 3, 1999. Results of that bid opening are as follows:

Bidder Item 1
1400 hours yearly
Item 2
Discount off of estimated $20,000 parts yearly
Item 3
charges for heavy
estimated 60 hours yearly
Item 4
Lump sum price for street lights inventory/identification and spread sheet data base
1, 2, 3, & 4









($0.00hr)= $ 0.00

$ 0.00












$ 800.00






$ 250.00












$ 00.00


Estimated (Contractual Services)        


This is a term contract, for all CBJ departments/divisions, with the option to renew for three (3) additional one-year periods.

I recommend award to Juneau Electric on the basis of having the lowest responsive bid price for all four bid items, for a total award of $73,850.00.

E. Liquor Licenses:


Beverage Dispensary:

Viking Restaurant & Lounge

Restaurant/Eating Place:

Canton House

Two-Year Renewals:

Beverage Dispensary:

Auke Bay Inn

Sandbar, Inc.

Viking Lounge & Restaurant

Beverage Dispensary – Tourism:

Bergmann & Grubstake House

Restaurant/Eating Place:

Oriental Express Restaurant

Valentine’s Coffee House


Gold Creek Brewery

Wholesale Malt:

K & L Distributors

The Finance, Fire, Police, and Community Development Departments have reviewed the applications. The Human Resources Committee met on Monday, June 7, 1999, and based on the information provided at its meeting, will forward its recommendations to the Assembly tonight regarding whether to waive its right to protest the transfers and/or two-year liquor license renewals for the applicants listed above.

I recommend the Assembly adopt the Human Resources Committee recommendations from its June 7 meeting regarding its right to protest to the licenses as reported.

  2. 1. Ordinance No. 99-22

    An Ordinance Amending Title 49, the Planning and Zoning Code, to Disestablish the Design Review Board and Eliminate the Design Review Process. Presented by the Committee of the Whole.

    Administrative or Staff Report

    This is a variation of the ordinance referred to as "96-C" at the Committee of the Whole meeting of August 26, 1996. It was introduced as ordinance 96-34 and tabled at the Assembly meeting of September 16, 1996.

    This ordinance eliminates the Design Review District, the Board, and the design review process. The design review standards are contained in regulations that should be repealed by the Planning Commission. However, this will be largely a formality, because the regulations apply only in the Design Review District, which is repealed by this ordinance.

    This version of the ordinance preserves design review in the historic district. Historic district design review is conducted by the Planning Commission for major development permits and CDD for minor permits. Because of this remnant, the term "design review" is retained in a few sections, such as CBJ 49.85.100 relating to fees, but its meaning is now limited to historic district design review by the commission or staff.

    Section 5 of the ordinance makes some changes in the membership of the Historic Resources Advisory Committee. Most of these changes are unrelated to the design review amendments: they are holdovers from an earlier version of the ordinance that addressed a variety of issues.

    An alternative way to reduce the scope of design review while preserving it in the historic district would be to leave the Design Review Board and its standards and procedures in place, but reduce the design review district so that its boundaries are the same as the historic district. This would make it easy to re-establish a broader scope of design review at any time merely by amending the design review map.

    Since the ordinance has been introduced, CDD has noted that the proposed changes to the Historic District Advisory Committee would disqualify Juneau as a Certified Local Government under the National Historic Preservation Act. The department recommends retaining the Committee as presently constituted. A memo from the CDD director is included in your packet.

    The Planning Commission discussed the proposed ordinance at its meeting of May 25, 1999. The Commission, noting the important function design serves in a community, recommends that Design Review be retained. The Commission requests a meeting with the Assembly, Planning Commission and Design Review Board to discuss design review. A letter from the Commission is included in your packet.

    The Design Review Board will meet on June 7th, just prior to the Assembly meeting, to discuss this ordinance.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

    2. Ordinance No. 99-23am

    An Ordinance Authorizing the Manager to Execute a Lease of the Mayflower Building and Grounds to the Juneau Montessori Center, Inc. for Less Than Fair Market Value, and Establishing a Purchasing Code Exemption for Procurement of a Heating System for the Building. Presented by the Manager.

    Administrative or Staff Report

    Ordinance No. 99-23 authorizes the manager to lease the Mayflower Building and grounds to the Juneau Montessori Center Incorporated.

    The Montessori Center has been leasing the facility since 1992. Its lease has expired and it currently occupies the site under month-to-month tenancy. It has requested to enter into six-year lease.

    Additionally, Montessori has requested to have back rent of approximately $20,131 forgiven and zero rent for the first eleven months of the new lease. The current monthly rent is $2,000/month. This request is prompted by Montessori’s desire to convert the building from the current electrical heat system to a more cost-effective oil system. The conversion cost is estimated to be $62,000. The Montessori Center will be responsible for installing the oil heating system using the rent credit and their own funds.

    The Assembly Lands Committee reviewed the lease request at its meeting April 14, 1999 and recommended approval of the terms as outlined in this ordinance. Additionally, an ad hoc committee of Jim Powell, Cathy Munoz and Rosemary Hagevig has recommended approval of the lease terms along with the award of the bid for roof repair to the Mayflower Building. I recommend, on the terms of the lease, either a year to year lease or, at a minimum, an annual reopener on the lease amount. Also recommended is a cap on maintenance costs at $6,000/year.

    Please note the recommended change in the title of the ordinance, which removes the term…"for less than fair market value". I recommended that the title be amended.

    I recommend that this ordinance be adopted as amended, to include either a year to year lease or an annual reopener on the lease amount, and a cap of $6,000 on maintenance costs.

    Public Hearing

    Assembly Action

    3. Ordinance No.98-17 (AM)

    An Ordinance Appropriating to the Manager the Sum of $19,300 for the Purchase of Highly Refined Fuel Specially Formulated to Reduce Smoke Generated at Firefighter Training Facilities. Such Funds Provided by the Areawide Fire Training Center Unreserved Fund Balance. Presented by the Manager.

    Administrative or Staff Report

    This ordinance appropriates $19,300 of the Areawide Fire Training Center unreserved fund balance to purchase 6,200 gallons (FOB Juneau) of specially formulated fuel for burning in the flammable liquids pits during fire training at the Hagevig Fire Training Center.

    The underground fuel storage tanks are currently being replaced at the Fire Training Center and the Fire Department wants to fill the new tanks with Tekflame or similar fuel. This is a new product that burns cleaner and cooler than the mixture of gasoline and diesel that has been used in the past. The product is available in 6,200-gallon tanks, which is estimated to be a two-year supply based on the Center’s current usage. Training fees will be increased to reflect the increased cost of operations at the Center.

    After this ordinance is adopted, the unreserved fund balance in the Areawide Fire Training Center fund will be $13,869.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

  4. 1. Harris v. Wetlands Review Board Appeal (WET98-00003)

    In your packet is a draft Assembly decision on this appeal, reversing the decision of the Wetlands Review Board, as decided by the Assembly at oral argument. Also in the packet are the parties’ comments on the draft decision. The Presiding Officer on Appeal is Assemblymember Powell. Mr. Powell and the parties have been meeting informally to reach a final decision satisfactory to all concerned. If such a decision is reached prior to this meeting, the proposed final decision will be presented to you as a Red Folder item. If no agreement is reached prior to the meeting, this matter should be continued under Unfinished Business at the next regular Assembly meeting, for the parties to continue their efforts at resolution.

  6. 1. Scott and Pilling v. Planning Commission: Appeal of proposal by DOT/PF for the signalization of the Stephen Richards Memorial Drive, Haloff Way, and Mendenhall Loop Road Intersection.

    At its regular meeting on April 13, 199, the Planning Commission, on CSP 99-00002, approved the proposal by the ADOT/PF for the signalization of the Stephen Richards Memorial Drive, Haloff Way, and Mendenhall Loop Road Intersection. The project, as proposed, will also include the reconstruction of portions or Stephen Richards, Mendenhall Loop Road, Trinity Drive, and all of Haloff Way. On May 12, 1999, Wallace and Merili Scott, and Carie and Mike Pilling, residents of Haloff Way and Tongass Boulevard, appealed the Commission's decision to the Assembly.

    Although, this is a State project, however, AS 35.30.010 requires local review and, in this case, the Commission concluded that review with an appealable decision.

    The Notice of Appeal and the Notice of Decision and Tim Maguire's April 7, 1999, memo to the Planning Commission are in your packet.

    The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

    (e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.

    (1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.

    (2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

    Wallace and Merili Scott and Carie and Mike Pilling and the Community Development Department have been advised that this matter is before the Assembly.

    The following procedural issues should be decided:

    1. Will the Assembly accept the appeal?

    2. Will the Assembly hear the appeal itself or assign it to a hearing officer?

    3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate a member as presiding officer?

    This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process. With respect to this issue, the Appellate Code provides as follows:

    CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

    Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal. After the Assembly has made its decisions on these issues, the Clerk will contact the parties and the presiding or hearing officer to notify them of the Assembly's decision and to arrange for a pre-hearing conference or other proceedings.

    1. Manager’s Report – Action Items:
    2. Manager’s Report – Information Items:
    3. 1. Commercial Passenger Vehicle Regulations

      Your packet includes a memo from Deputy City Manager Donna Pierce to the Manager, which provides background, proposed changes to the current regulations, and a recommendation that the Manager issue the revised regulations.

      These regulations are provided to the Assembly as an information item; unless the Assembly directs otherwise, the Manager will issue the regulations, which will become effective in 30 days.

      2. Municipal Way Building

      3. American Planning Association Conference – Trip Report

      Your packet includes a memo from Cheryl Easterwood, reporting on the recent APA conference.

      4. Thane Beach Cleanup – Special Thanks

      On June 1st, Gastineau Human Services’ staff volunteered to clean the CBJ property between the J-D Treatment Plant and the Rock Dump near the boat graveyard. Complaints had been received about the area, and GHS willingly took the cleanup project on, picking up over 3,100 pounds of trash! Every year, GHS participates in the annual Litter Free Cleanup, as well as other volunteer efforts.

      I would like to publicly thank Greg Pease, GHS Executive Director, Andy Swanston, Operations Director, Mike Early, Community Work Service Officer, and the entire GHS crew for providing this valuable and much appreciated community service.

      I would also like to thank Capital Disposal/Arrow Refuse, for accepting 3,100 pounds of trash at no charge. It’s efforts such as these that make our community a great place to live and work.

    4. Attorney’s Report:
    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    1. Committee Reports:
      1. Committee of the Whole
      2. Finance Committee

3. Human Resources Committee

      1. Commission on Aging
      2. Airport Board
      3. Bidding Review Board
      4. Docks & Harbors
      5. Eaglecrest Ski Area
      6. Fisheries Development Committee
      7. Historic Resources Advisory Committee
      8. Human Rights Commission
      9. Juneau Women’s Council

4. Lands and Resources Committee

5. Public Works and Facilities Committee

6. Assembly Strategic Policy Committee

B. Board Liaison Reports

  2. 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 and the Douglas Public Library.

ADA Accommodations Available Upon Request: Please contact the Clerk’s Office 48 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: