Monday, July 26, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-22

Submitted by: _____________________________

David R. Palmer

City & Borough Manger


  4. 1. 06/07/99 – Regular Mtg. No. 99-18


    1. Juneau International Airport – David Miller, Airport Manager

  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. 99-17 (B)

An Ordinance Appropriating To The Manager The Sum Of $48,500 For Repairs To The One Mile Portion Of The Perseverance Trail Between The Mt. Juneau Trailhead And The Granite Creek Trailhead. Such Funds Provided By The Alaska Department Of Natural Resources, Division Of Parks And Outdoor Recreation. Presented by the Manager.

This ordinance appropriates a $48,500 grant from the Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation, for repairs to the Perseverance Trail. The specific section of trail to be fixed is the approximate 1 mile section between the Mt. Juneau trailhead and the Granite Creek trailhead. The repairs include replacing the missing 70’ bridge over Granite Creek, stabilizing the abutments of several other bridges, installing culverts and drainage ditches to prevent further erosion, replacing much of the gravel tread where it has been eroded and maintaining the handrails on the existing bridges. Trail Mix, Inc will do the work.

The Agreement between the City and the State of Alaska provides that the City accepts the responsibility for all future repair and maintenance of this section of the Perseverance Trail.

Copies of the Agreement between the City and the State, and the Trail Mix, Inc. proposal and budget to repair the trail are included in your packet.

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

B. Resolutions:

C. Transfer Requests:

D. Bid Awards:

1. Contract No. E99-235: Belleview Subdivision Paving (L.I.D. 85) & Water Improvements

Bids were opened on the subject project on July 9, 1999. The bid protest period expired at 4:30pm on July 12, 1999. Results of the bid opening are as follows:



Glacier State Contractors, Inc.


Miller Construction Company, Ltd.


Arete Construction Corporation


Channel Construction, Inc.


Engineer's Estimate


This project consists of reconstruction of David Street and sections of John Street and Simpson Avenue. The WORK includes new water and sewer; underground storm drainage; asphalt pavement, concrete curb and gutter and sidewalks, and miscellaneous related work. Completion time (in two phases): Phase I- November 15, 1999; Phase II- August 15, 2000.

Funding Source: Areawide Street Sales Tax; Local Improvement District 85

Total Project Funds: $1,775,974

I recommend award of this project to Glacier State Contractors, Inc. in the amount bid, for a total award of $1,108,009.00.


    1. Ordinance No. 99-18

    An Ordinance Proposing an Amendment to the Charter of the City and Borough to Provide for Appointment of the Municipal Clerk by the Assembly; and Calling for an Election on the Question of Whether the Charter Should be So Amended. Presented by the Committee of the Whole.

    Administrative or Staff Report

    This ordinance is a result of a recommendation from the Committee of the Whole at its June 14th meeting. The Committee asked for additional information, such as why Valdez changed from a manager appointed clerk to one appointed by the City Council. A memo from the City Clerk is in the packet, as well as the information provided to the Committee of the Whole at the June 14th meeting.

    The question posed is whether the Clerk is appointed by the Assembly or the Manager. The Mayor has expressed concern about the increase in the administrative duties that may fall to the Mayor’s Office.

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

    Public Hearing

    Assembly Action

    2. Ordinance No. 99-24

    An Ordinance Repealing the Offense of Driving While Impaired. Presented by the Manager.

    Administrative or Staff Report

    This ordinance ends the CBJ effort to establish a separate offense for driving with a blood alcohol level of .08 percent or more.

    As originally conceived, the program would have established a DWI level for Juneau more stringent than the statewide standard of .1%. However, this idea ran up against the state requirement for uniform driving standards, and the Assembly was limited to implementing the program as an infraction, with a maximum fine of $300 and no jail time possible. This limitation has turned out to be counter-productive.

    Drivers with a blood alcohol level marginally below the .1% standard pose a serious threat to the public, and they deserve a more serious sanction than a $300 fine. For this reason, when we charge a driver with DWI, we ask the judge to instruct the jurors that if they believe the facts do not support a DWI conviction, they may consider the "lesser included offense" of reckless driving. Reckless driving is a class B misdemeanor with a maximum fine of $1,000, a jail sentence up to 90 days, or both. There is no mandatory minimum jail time for reckless driving, as there is with DWI.

    Lately defendants have argued that the appropriate "lesser included offense" for DWI is driving while impaired, because it is so closely related to DWI, and it is improper for juries to consider reckless driving as an alternative. If this argument succeeds, drivers with a .08% blood alcohol level can receive no more than a $300 fine, the same as a parking ticket, and the Assembly's policy of providing extra protection to the public will have been turned on its head.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action

    3. Ordinance No. 99-17 (A)

    An Ordinance Appropriating to the Manager the Sum of $520,000 for Construction of the Calhoun Avenue Bridge Waterline, West 8th Avenue Waterline, Last Chance Basin Improvements and Salmon Creek Water Source Improvements. Such Funds Provided by the Water Retained Earnings. Presented by the Manager.

    Administrative or Staff Report

    This ordinance appropriates $520,000 of the Water retained earnings for the following waterline construction and improvements.

    The Calhoun Avenue Bridge Waterline construction will install approximately 90 linear feet of 16" diameter ductile iron pipe, 100 linear feet of pre-insulated 16" diameter welded steel water pipe with 22" diameter metal jacket, 6" through 10" gate valve, 6" through 16" ductile iron bends and fittings, concrete block pipe supports for the pre-insulated pipe on each side of the Gold Creek concrete-walled channel, remove pipe from under the Calhoun Avenue Bridge, and disconnect and re-connect work to abandon remaining water pipe. The existing high-pressure line has failed numerous times and is so old it is beyond repair at this point. Cost $130,000.

    The West 8th Avenue Waterline construction will remove approximately 280 feet of 8" cast iron water pipe, 20 feet of 4" pipe and 266 feet of storm drain pipe; install approximately 280 feet of 12" ductile iron water pipe, 20 feet of 14" ductile iron water pipe, 2 concrete plugs on the remaining storm drain pipe, reconnect to 4 existing water services, various valves and fittings for the mainline water pipe, and replace the surface paving, concrete sidewalks and gutters disturbed during construction. This will allow us to balance out the system and feed more water to Douglas and North Douglas and to the Valley through the channel crossing if needed. Cost $90,000.

    Review alternatives and design the Last Chance Basin rehabilitation including: drill well #6; rehabilitate wells #1, #2, and #5; evaluate piping configuration from Last Chance Basin to the Jualpa Tunnel to provide both high and low pressure sources. Cost $200,000.

    Examine the filtration options for the Salmon Creek water source. Currently we use this source without filtration preventing use during periods of high turbidity. New and more cost-effective filtration treatment technology might permit CBJ to install a filtration plant so that Salmon Creek could be used as a water source virtually year-round preliminary design of project. Cost $100,000.

    After this ordinance is adopted, the Water retained earnings will be $2,200,800.

    I recommend that this ordinance be adopted.

    Public Hearing

    Assembly Action




    1. Manager’s Report – Action Items:
    2. 1. Juneau Youth Services Land Trade

      Included in your packet is a memo from Steve Gilbertson, CBJ Lands Manager, outlining the proposal. This item was approved at the July 14th Lands Committee meeting.

      I recommend that the Assembly adopt the Lands Committee recommendation that the manager be authorized to enter into negotiations with Juneau Youth Services for the trade of the 7 Mile property for the Montana Creek property owned by JYS.

    3. Manager’s Report – Information Items:
    4. 1. Municipal Election – October 5, 1999

      a. Candidate Nomination Petitions

      b. Voter Registration

      c. Absentee Voting

    5. Attorney’s Report:

1. Passenger Fee Initiative

    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

a. Americans With Disabilities Committee - Donna McKinley

b. Eaglecrest Ski Area Board - Gary Hogins

c. International Relations Advisory Board - Ian Fisk and Marie Helm

d. Youth Activities Board - Virginia Blaisdell and John H. White

4. Lands and Resources Committee

5. Public Works and Facilities Committee

6. Assembly Strategic Policy Committee

B. Board Liaison Reports


XIV. 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 Municipal Libraries.

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: