Monday, December 2013, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-37

Submitted by: _____________________________

David R. Palmer

City & Borough Manager

    1. 11/15/99-Regular Meeting No. 99-34


  2. 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. 99-26
    2. An Ordinance Amending the Land Use Code to Disallow Calculation of Building Height Using an Artificial Reference Datum. Presented by the Manager.

      This ordinance would reinforce the Land Use Code building height restrictions by closing a possible loophole to its enforcement. The building height restriction sets a point, called the reference datum, from which the height of a proposed building is measured. This ordinance would prevent developers from artificially establishing a high reference datum to avoid building height restrictions. The ordinance was referred to the Planning Commission which considered the legislation at its meeting of November 23rd and recommended approval by the Assembly.

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

    3. Ordinance No. 99-37
    4. An Ordinance Providing a Minimum Sentence for Domestic Violence Assault, and Providing for the Revocation of a Driver's License Upon Conviction for Reckless Driving. Presented by the Manager.

      This ordinance establishes minimum mandatory sentences for domestic violence offenses and for reckless driving. The minimum sentence for domestic violence is 30 or 60 days in jail, depending on prior convictions. The punishment for reckless driving has been amended to require, rather than just allow, revocation of the defendant's driver’s license. These changes bring the city code into conformity with state statute.

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

    5. Ordinance No. 99-38
    6. An Ordinance Establishing the Offense of Unlawful Contact and Establishing a Penalty for the Violation Thereof. Presented by the Manager.

      This ordinance establishes a misdemeanor for certain kinds of contact between an assailant and a victim.

      It is common that people charged with assault will attempt to contact their victims. This often happens shortly after the defendant is arrested, booked, and released on bail, but before they are brought before a judge. This contact can be very difficult for the victim because the assailant usually pressures the victim to drop the charges.

      Defendants also attempt to contact victims in direct violation of a judicial order.

      This ordinance prevents such contact. It is substantially identical to AS 11.56.750, which was added to the state criminal code in 1998.

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

    7. Ordinance No. 99-39
    8. An Ordinance Establishing the Offense of Failure to Maintain Custody. Presented by the Manager.

      Criminal defendants awaiting trial must be supervised to ensure that they comply with court-ordered conditions of release regarding issues such as consumption of alcohol, contact with victims, and the like. Some defendants can be trusted to comply with these conditions on their own, others require supervision. One way to provide this supervision is by having the court place the defendant in the custody of a friend, employer, or other responsible person who will inform the court if the defendant violates the conditions of release. This appointment of a "third party custodian" saves the trouble and expense of the only other readily available security measure: confinement in jail.

      Most third-party custodians take their duties seriously, but a few do not. They make little or no effort to watch over defendants. These defendants sometimes pose serious risks to their victims or the general public. The court can address this failure by charging the custodian with contempt of court, but this is a slow and complicated procedure. An ordinary misdemeanor citation is more effective.

      CBJ prosecutors have discussed this approach with the district attorney's office, which agrees that it should be a better way of handling a common problem. We expect the district attorney to ask the governor to seek similar legislation at the state level.

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

    9. Ordinance No. 99-40
    10. An Ordinance Amending the Regulations Code to Change the Time for Public Notice and Effective Date of Regulations. Presented by the Manager.

      This ordinance reduces the time required to produce an enforceable regulation. The minimum public notice and comment time is reduced from 30 to 10 days. The minimum time required for the regulation to become effective is reduced from 30 to 20 days.

      The regulations system is designed to make efficient use of staff expertise on minor policy issues, while still providing for public involvement in the process. The goal of efficiency is frustrated by the current requirement for a total of 60 days of waiting. This total does not count the time required for Assembly review, which usually adds a week or two to the process. As a result, the entire process of establishing an enforceable regulation can take several months. Compare this to an ordinance, which requires only 7 days notice for enactment and 30 days to become effective; and this period includes Assembly review.

      Unlike an ordinance, a regulation does not necessarily involve a public hearing, so it is reasonable to provide more than 7 days for public comment: the proposal here is for a minimum of 10 days.

      Also unlike an ordinance, a regulation cannot impose a fine, jail sentence, or other criminal sanction, so it is reasonable to allow a shorter period for the effective date. However, some regulations can impose significant burdens and require significant preparation by businesses, so in appropriate cases a longer effective-date period may be justified. This ordinance would allow long effective-date periods.

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

    11. Ordinance No. 99-41
    12. An Ordinance of the Assembly of the City and Borough of Juneau, Alaska, Providing for the Issuance and Sale of General Obligation Bonds of the City and Borough in the Aggregate Principal Amount of Not to Exceed $750,000 for the Purpose of Financing Certain School Capital Improvements Pursuant to an Election Authorizing the Same; Providing the Date, Form, Terms and Maturities of the Bonds to be Issued and for Unlimited Tax Levies to Pay the Principal Thereof and Interest Thereon; Appointing a Registrar and Paying Agent for Such Bonds; Authorizing a Preliminary Official Statement; and Approving the Sale of Such Bonds. Presented by Manager.

      This ordinance will authorize the issuance of up to $750,000 of the 1999 voter approved High School Bond authorization. The Bonds will be issued in $1,000 increments and sold directly to Juneau residents (Mini Bonds). The amount and maturity of the bonds to be sold will be determined by buyer interest at the time of the sale. The actual bond sale will be scheduled in mid to late February. Bond interest rates will be set by Seattle Northwest Security the day before the bonds are offered for sale.

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

    13. Ordinance No. 99-42
    14. An Ordinance Amending Ordinance 96-09 to Repeal the Automobile Allowance Provided to the Manager and Attorney. Presented by the Manager.

      As discussed at the regular meeting of December 6, this ordinance amends Ordinance 96-09 to repeal the automobile allowance paid to the Attorney and Manager.

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

    15. Ordinance No. 99-17 (L)
    16. An Ordinance Appropriating To The Manager The Sum Of $25,000 For Consultant Services To Quantify The Financial Impact Of Cruise Ship Passengers On The City And Borough Of Juneau’s Operations. Such Funds Provided By The Cruise Ship Passenger Fees. Presented by the Manager.

      This ordinance will appropriate $25,000 in FY00 Passenger Fee revenues to hire a financial consultant. The purpose of the work will be to quantify the financial impacts of cruise ship traffic on the CBJ’s operations. The consultant will identify the impacted operations and develop a method for quantifying the financial impacts. This information will be used to help determine the amount of Passenger Fee revenues that could be allocated to operations.

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

    17. Ordinance No. 99-17 (M)
    18. An Ordinance Appropriating To The Manager The Sum Of $2,000,000 To Construct A One Million Gallon Reservoir And Pump Station In The Lena Point Area. Such Funds Provided By A Loan From The Alaska Department Of Environmental Conservation. Presented by the Manager.

      This ordinance appropriates $2.0 million in loan proceeds from the Alaska Department of Environmental Conservation, Alaska Drinking Water Fund, to construct a one million-gallon reservoir and pump station in the Lena Point area. The reservoir will provide the storage and pressure needed to meet fire flow demands in the Lena Loop and Tee Harbor areas. This project will also provide the pressure zone needed for water service to Andreanoff Way, Randall Road, Cohen Drive and some of the uphill residences on Glacier Highway. A reservoir, pump station, pressure control system, and other associated facilities, and main and service lines for Andreanoff Way will be constructed, as well.

      The DEC loan will be for a period of 20 years at a rate of 4.19%. The exact amount of the final loan is not known at this time, as it is possible some State grants may be available to assist with project costs. Assuming the full $2.0 million is borrowed it is estimated the annual debt service will be approximately $150,000 per year. In addition to the debt service, there is also a projected increase in Utility operating costs of $40,000 to $50,000 per year. The Water utility’s rates are projected to be sufficient to cover the debt service and operational cost increases for another 2 years. However, the Public Works Director has indicated it may be necessary, after that point, to increase rates sufficient to generate an additional $200,000 per year (6% to 8%) in user fees. Again the final amount will depend on the amount of project costs, if any, which can be grant funded.

      A copy of the loan agreement and Resolution No. 1940 authorizing application for the loan are included in your packets.

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

    19. Ordinance No. 99-17 (N)

An Ordinance Authorizing The Manager To Transfer The Sum Of $23,618 From The Riverbank Repair Capital Project To The General Fund.

Presented by the Manager

This ordinance transfers $23,618 from the completed Riverbank Repair capital improvement project to the General Fund. The General Fund Unreserved Fund Balance provided the original funding for this project. As such, the remaining unexpended project funds will be returned to the General Fund.

The project closure list was submitted to the Public Works and Facilities Committee on December 8, 1999. The Committee recommended that this transferring Ordinance be forwarded to the Assembly.

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

    1. Resolutions
    1. Ordinance No. 2010

A Resolution Authorizing the Manager to Convey an Easement Adjacent to the Twin Lakes Recreation Area Bike Path and an Easement Across Lots 11, 12, 13, and 14, Block 68, Tidelands Addition, Between Whittier Street and Willoughby Avenue to WCI Cable, Inc. for the Installation, Operation, and Maintenance of a Fiber Optic Cable. Presented by the Manager.

This resolution authorizes the Manager to convey two easements to WCI for the purpose of installing telecommunications cables. The first easement is along the bike path adjacent to Twin Lakes as shown on the attached maps. The cable would be installed approximately 2½ feet on the uphill side of the bike path. This route was selected to avoid having to make major pavement cuts along the Glacier Highway.

The second easement is across CBJ land between Whittier Street and Willoughby Avenue as shown on the attached map. This route was selected to avoid major pavements cuts along the newly constructed Willoughby Avenue.

The location of utilities within the public right-of-way is allowed without any special consideration other than permit conditions imposed by the State or CBJ. However, use of other municipal property requires an easement, payment of fair market value, and review by the Planning Commission and the Assembly.

The easement has been approved by the Lands Committee (12/8/99) and the Planning Commission (12/14/99).

I recommend this resolution be adopted.

    1. Transfer Requests:

Ordinance Number T-678

A Transfer Request for $293,418, which closes twelve capital improvement projects and provides ongoing funding for eight capital improvement projects.

This transfer request is to close 12 capital improvement projects that have been completed and to provide funding for 8 ongoing projects. In most cases, projects with excess budget are being used to offset similar projects with projected budget deficits.

The list of projects was submitted to the Public Works and Facilities Committee on December 8, 1999 for its review. The Committee recommended that this Transfer Request be forwarded to the Assembly.

From: CIP D374-39 Lemon Creek Street Maintenance Warehouse $ 9,144

F413-11 Police Department Crime Laboratory 10,000

H354-61 Cruiseship Passenger Pedestrian Improvements 53,999

H354-62 Municipal Wharf/Dredging/Traffic Bridge 14,657

H354-64 Moorage Reconfiguration Design 497

P71-86 Swimming Pool Tank Design 14,537

R412-32 White Subdivision St. Reconstruction 5,677

R412-52 Gold Street Reconstruction 264

S200-90 DZ Middle School 3,198

U484-50 Backloop Sewer: Lee St. to Goat Hill 138,203

U484-61 Trafalgar St. Sewer Expansion 21,899

U494-02 Bonnie Brae Water System Improvements 21,343


To: CIP R412-76 Lemon Creek Road Cul-de-Sac $ 9,144

F413-01 New Police Station 10,000

H354-67 Steamship Wharf/Marine Park Deckover 53,999

H354-68 Douglas Harbor Uplands and Moorage 15,154

P397-17 Deferred Building Maintenance 14,537

R412-70 Lawson/Great Western/Raven/Crow Hill Reconstruction 5,941

S454-67 DZ Middle School Stairs 3,198

U484-60 N. Douglas Sewer Design 181,445


I recommend this transfer be approved.

    1. Ordinance No. 99-34

An Ordinance Amending the Land Use Code to Adopt a Map

Specifying Remote Subdivision Areas, and to Establish Standards for Plat Submittals, Rights of Way, and Community Water Systems in Such Areas. Presented by the Manager.

This ordinance authorizes relaxed construction standards and application procedures for subdivisions located outside the roaded area. The decision whether to authorize the relaxation is made by staff for smaller developments and by the Planning Commission for larger developments. In either case, the rationale focuses on the idea that there is little point in designing outlying subdivisions for connection to public improvements that will never reach them.

The Planning Commission on November 9, 1999 reviewed this ordinance. The Commission recommended that the Assembly approve Ordinance 99-34. The Lands Committee considered this ordinance on December 8, 1999 and recommended amendments.

I recommend the public hearing on this ordinance be continued until the next Assembly meeting on January 3, 1999.

Public Hearing

Assembly Action

    1. Manager’s Report – Action Items
    1. Replat of the Greenwood Subdivision

It has been recently discovered that the Greenwood Subdivision above Twin Lakes has a surveying error. To complicate the situation, a number of houses have been constructed in the subdivision in reliance on the monuments placed in the ground. Some houses are located partially on their neighbors lots; some houses now have setback problems.

The Lands and Resources Division and the Community Development Department met with the subdivision residents on November 30, 1999 to discuss the problem and determine a common solution. Part of the solution will involve a shifting of side lot lines so that the plat coincides with what was constructed on the ground. Another part of the solution is for the CBJ so sell a narrow strip of land along the eastern half of Greenwood Avenue. This will allow the property owners to have lots that coincide with the front and rear lot lines they thought they had. The strip of land is part of a 10-acre tract of land the CBJ recently acquired through a lawsuit settlement with Joe Henri and the Bureau of Land Management. The CBJ has no plans for this property other than providing access to the Blackerby Ridge Trail.

The assembly is asked to make a motion to authorize the manager to negotiate the sale of land to those individuals wanting to purchase the CBJ land at fair market value. The terms of any sale would be presented to the assembly by ordinance after Planning Commission review.

The Lands Committee reviewed this matter at its December 8, 1999 meeting and recommended approval of the negotiation of the sale of the CBJ land involved with the replat.

I recommend the Assembly authorize the manager to negotiate the sale of CBJ land necessary for the Greenwood Subdivision replat.

    1. Manager’s Report – Information Items

    1. Amendment to Commercial Passenger Vehicle Regulations

Regulations were available for public comment from November 4 – December 6, 1999. No comments were received. The amendments allow for application for a new service at any time during the year, and provide for proration of the fees. The amendments also establish a $5 fee for the transfer of a driver registration, and a separate, lower fee ($50) for the inspection of a replacement vehicle.

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 30 days after filing with the clerk.

    1. Attorney’s Report

    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    4. Final Draft of Assembly Goals
    1. Committee Reports:
    1. Committee of the Whole
    2. Finance Committee
    3. Human Resources Committee
    1. Emergency Planning Committee
    2. Historic Resources Advisory Committee
    3. Personnel Board
    1. Lands and Resources Committee
    2. Public Works and Facilities Committee
    1. 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 Municipal Libraries.

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: