THE CITY AND BOROUGH OF JUNEAU, ALASKA

March 2, 1998

MEETING NO. 98-07: The Regular meeting of the City and Borough of Juneau Assembly, held in the Assembly Chambers of the Municipal Building, was called to order at 7:08 p.m. by Deputy Mayor MacKinnon.

  1. FLAG SALUTE was led by Deputy Mayor MacKinnon.
  2. INVOCATION was not offered.
  3. ROLL CALL
  4. Assembly members present: Kibby, MacKinnon, Perkins, Powell, Muñoz and Koelsch

    Assembly members absent: Egan, Hagevig and Garrett

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Dave Miller, Airport Manager; Joe Graham, Port Director; Craig Duncan, Finance Director; Ernie Mueller, Public Works Director; Joe Buck, Engineering Director.

  5. APPROVAL OF MINUTES

    1. 01/12/98 - Regular Meeting No. 98-02

2. 01/26/98 - Special Meeting No. 98-03

MOTION - by Kibby, to approve the minutes of Regular Meeting No. 98-02, held January 12, 1998, and asked unanimous consent. There being no objection, it was so ordered.

MOTION – by Kibby, to approve the minutes of Special Meeting No. 98-03 held on January 26, 1998, and asked unanimous consent. There being no objection, it was so ordered.

SPECIAL ORDER OF BUSINESS

1. Land Purchase – Lena Pont

Deputy Mayor MacKinnon asked that this be put into executive session. He said the Assembly would suspend the rules and postpone this special order of business.

  1. MANAGER’S REQUEST FOR AGENDA CHANGES - None
  2. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  3. CONSENT AGENDA

Mary Ann Parke requested the removal of A-1, Ordinance No. 98-05, from the Consent Agenda. As there was no objection, it was so ordered.

MOTION - by Kibby, to adopt the Consent Agenda with the removal of Ordinance 98-05, and asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

2. Ordinance No. 98-07

AN ORDINANCE AMENDING THE HEALTH AND SANITATION CODE TO LIMIT RECREATIONAL MINING OR CAMPING IN THE GOLD CREEK WATERSHED, TO PROHIBIT THE OPERATION OF GASOLINE ENGINES ON SALMON CREEK RESERVOIR, AND TO PROHIBIT THE STORAGE OF FUELS, LUBRICANTS, OR HAZARDOUS SUBSTANCES IN THE SALMON CREEK OR GOLD CREEK WATERSHEDS.

Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    1. Ordinance No. 98-08
    2. AN ORDINANCE AMENDING THE ASSESSMENT CODE TO REDUCE THE PENALTY PAYABLE UPON LATE FILING OF A BUSINESS PERSONAL PROPERTY DECLARATION.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    3. Ordinance No. 98-09
    4. AN ORDINANCE AMENDING THE LAND USE CODE TO CREATE A NEW MIXED USE ZONING DISTRICT ENTITLED "MU2"; AND TO MAKE CORRESPONDING CHANGES IN AFFECTED SECTIONS OF TITLE 49.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    5. Ordinance No. 98-10
    6. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY AND BOROUGH TO CHANGE THE ZONING OF AN AREA KNOWN AS THE "WILLOUGHBY CORRIDOR AREA".

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    7. Ordinance No. 97-17 (AM)
    8. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $318,000 FOR SCHOOL DISTRICT GENERAL OPERATIONS. SUCH FUNDS, $252,600, PROVIDED BY ALASKA DEPARTMENT OF EDUCATION FOURNDATION FUNDING, AND $66,000, PROVIDED BY THE ALAKSA DEPARTMENT OF HEALTH AND SOCIAL SERVICES MEDICAID PASS THROUGH.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    9. Ordinance No. 97-17 (AN)
    10. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $579,800 FOR THE SCHOOL DISTRICT’S RETIREMENT INCENTIVE PROGRAM PAYMENT TO THE STATE OF ALASKA. SUCH FUNDS PROVIDED BY THE SCHOOL DISTRICT’S GENERAL OPERATING FUND UNRESERVED FUND BALANCE.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

    11. Ordinance No. 97-17 (AO)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $12,000 FOR DIRECTED POLICE PATROLS TO TARGET DWI, SPEED AND PASSENGER RESTRAINT VIOLATORS. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF PUBLIC SAFETY.

Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

B. Bid Award:

1. Contract No. E98-304: JUNEAU FIRE STATION EXTERIOR RENOVATION.

Administrative Report: Attached. The Manager recommended award of this bid to North Pacific Steel Erectors, Inc. in the amount bid, for a total award of $160,554.

C. Liquor Licenses:

    1. Two-Year Renewals:

    1. ALASKAN HOTEL AND BAR
    2. CHINESE PALACE

Transfer:

    1. LUCKY LADY; LUCKY LADY, INC; PRES-TREAS/NEIL BROGAN;

VP-SEC/JUDITH A. MCDONALD; 192 S. FRANKLIN STREET; MAIL: SAME, JUNEAU, 99801; TRANSFER OF OWNERSHIP FROM LUCKY LADY INC (CORPORATE STOCK TRANSFER); SAME LOCATION AND D.B.A.

Administrative Report: Attached. The Manager recommended the Assembly adopt the Human Resources Committee recommendations and waive its right to protest the licenses as reported.

    1. Transfer Request:

    1. TRANSFER REQUEST NO. T-641: TRANSFERS $5,099 FROM RUNWAY-TAXIWAY INTERSECTION (CIP A345-02); $2,146 FROM AIRPORT CONSTRUCTION: STATE MATCH II (CIP A345-06); AND $2,788 FROM AIRPORT PROJECTS – LOCAL MATCH (CIP A345-14) FOR A TOTAL OF $10,033, TO RUNWAY 8-26 REHABILITATION (CIP A345-28).

Administrative Report: Attached. The Manager recommended that this transfer be approved.

A-1 Ordinance No. 98-05

AN ORDINANCE AUTHORIZING THE MANAGER TO CONVEY BY NEGOTIATED SALE AN INTEREST IN TRACT 3-A, IRWIN ADDITION TO THE CITY OF JUNEAU.

Deputy Mayor MacKinnon stepped down from the discussion as he had a conflict of interest and handed the gavel to Mr. Kibby. Mr. Corso noted that his involvement did not necessarily mean there was a conflict of interest according to the code.

Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.

Public Participation:

Mary Ann Parke, representing a group interested in this project, stated that several of the principals would be out of town when this ordinance would be scheduled, March 16, 1998. She requested that this ordinance be placed on the agenda on April 6, 1998. She referred to a letter, sent from the group’s attorney, to Mayor Egan.

Mr. Palmer explained that the Assembly could pass Ordinance 98-05 tonight for public hearing on April 6, 1998.

Assembly Action:

MOTION - by Muñoz, to introduce Ordinance No. 98-05 as scheduled for public hearing at the April 6. 1998, Assembly meeting.

Mr. Kibby noted that he would be out of town on April 6, 1998, and asked that the ordinance be scheduled when the full body would be present.

Ms. Muñoz accepted the amendment and the motion read, To introduce Ordinance 98-05 as scheduled for public hearing at a date when all Assembly members were present.

Mr. Corso noted that it would be necessary to set a date as he did not recall the Assembly setting an ordinance for an indefinite period. He suggested tabling the ordinance and picking up the introduction again at another time. Ms. Miller noted that she only had the Assembly itinerary through March and could not state the schedules for Assembly members during April.

Ms. Muñoz requested that a definite date be scheduled and agreed to having the ordinance heard at the next meeting. Mr. Powell felt the ordinance should be held or tabled in order for it to have a public hearing on March 16, 1998. Mr. Corso clarified that this ordinance could be deferred to the next meeting and that took precedence over the motion.

Assembly Action:

MOTION - by Perkins, to defer Ordinance 98-05. There being no objection, it was so ordered.

Ms. Miller stated that she would give copies of the letter from Dillon & Findley to all the Assembly members.

Deputy Mayor MacKinnon resumed the responsibilities of chairing the meeting.

  1. ORDINANCES FOR PUBLIC HEARING

    1. Ordinance No. 98-06
    2. AN ORDINANCE AMENDING THE WATERS AND HARBORS CODE TO PROVIDE THAT THE PORT DIRECTOR MAY ACT AS THE PURCHASING OFFICER FOR PURPOSES OF ADMINISTERING PURCHASES UNDER TITLE 53.50, THE PURCHASING CODE.

      Administrative Report: Attached. The manager recommended that this ordinance be adopted.

      Public Participation: None at this time.

      Assembly Action:

      MOTION - by Koelsch, to adopt Ordinance No. 98-06, and asked unanimous consent.

      Mr. Perkins objected for purposes of discussion. He clarified that it was a title change and withdrew his objection.

      There being no objection, it was so ordered.

    3. Ordinance No. 97-17 (AF)
    4. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $258,333 FOR REHABILITATION OF THE RUNWAY AT THE JUNEAU INTERNATIONAL AIRPORT. SUCH FUNDS, $250,000, PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION AND $8,333 PROVIDED BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.

      Administrative Report: The Manager recommended that this ordinance be adopted.

      Public Participation: None

      Assembly Action:

      MOTION – by Perkins, to adopt Ordinance No. 97-17 (AF), and asked unanimous consent. There being no objection, it was so ordered.

    5. Ordinance No. 97-17 (AG)
    6. AN ORDINANCE DEAPPROPRIATING THE SUM OF $392,800 TO REPAY A LOAN FROM THE SALES TAX BUDGET RESERVE TO CAPITAL PROJECT A345-28, THE RUNWAY REHABILITIATION AT THE JUNEAU INTERNATIONAL AIRPORT. SUCH FUNDS PROVIDED BY REPAYMENT OF THE SALES TAX BUDGET RESERVE BY CAPITAL PROJECT A345-28.

      Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

      Public Participation: None.

      Assembly Action:

      MOTION - by Muñoz, to adopt Ordinance No. 97-17 (AG), and asked unanimous consent. There being no objection, it was so ordered.

    7. Ordinance No. 97-17 (AH)
    8. AN ORDINANCE PPROPRIATING TO THE MANAGER THE SUM OF $100,000 FOR AN OPTION TO PURCHASE LAND LOCATED AT LENA POINT. SUCH FUNDS PROVIDED BY THE SALES TAX BUDGET RESERVE.

      Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

      Public Participation: None.

      Assembly Action:

      MOTION - by Kibby, to adopt Ordinance No. 97-17 (AH), and asked unanimous consent. There being no objection, it was so ordered.

    9. Ordinance No. 97-17 (AI)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $150,000 FOR THE CONSTRUCTION OF NEW MOORING FLOATS IN THE DOUGLAS HARBOR. SUCH FUNDS PROVIDED BY HARBORS RETAINED EARNINGS.

Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

Public Participation: None.

Mr. Powell supported Mr. Graham and the Harbor Board’s decision to move ahead and get more moorage slips.

Assembly Action:

MOTION - by Powell, to adopt Ordinance No. 97-17 (AI), and asked unanimous consent. There being no objection, it was so ordered.

6. Ordinance No. 97-17 (AJ)

AN ORDINANCE APPROPRIATING TO THEMANAGER THE SUM OF $10,000 FOR THE FINALIZATION OF THE DOCKS AND HARBORS MASTER PLAN. SUCH FUNDS PROVIDED BY DOCKS RETAINED EARNINGS.

Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

Public Participation: None.

Assembly Action:

MOTION - by Koelsch, to adopt Ordinance No. 97-17 (AJ), and asked unanimous consent. There being no objection, it was so ordered.

7. Ordinance No. 97-17 (AK)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $155,792 FOR REPLACEMENT OF WATER AND SEWER SYSTEMS IN THE HIGHLANDS AREA. SUCH FUNDS, $83,540, PROVIDED BY THE WATER FUND UNRESERVED FUND BALANCE, AND $72,252, PROVIDED BY THE SEWER FUND UNRESERVED FUND BALANCE.

Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

Public Participation: None.

Assembly Action:

MOTION - by Perkins, to adopt Ordinance No. 97-17 (AK), and asked unanimous consent. There being no objection, it was so ordered.

    1. Ordinance No. 97-17 (AL)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $1,700,000 FOR REPLACEMENT OF WATER AND SEWER SYSTEMS DURING THE RECONSTRUCTION OF GLACIER HIGHWAY/WILLOUGHBY AVENUE. SUCH FUNDS PROVIDED BY A REVENUE BOND.

Administrative Report: Attached. The Manager recommended that this ordinance be adopted.

Public Participation: None.

Assembly Action:

MOTION - by Muñoz, to adopt Ordinance No. 97-17 (AL), and asked unanimous consent. There being no objection, it was so ordered.

Mr. Kibby asked when the fingers would be put in. Mr. Palmer understood that fingers would be put in this summer. Mr. Kibby asked if electric or plumbing costs were added to the finger costs. Mr. Palmer said he would find out and report back.

  1. UNFINISHED BUSINESS

    1. Resolution No. 1912

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR LID NO. 81; FIXING THE TIME AND METHOD OF PAYMENT OF ASSESSMENTS; SETTING THE DAY OF LEVY; AND FIXING THE TIME OF DELINQUENCY AND THE PENALTIES AND INTEREST THEREFORE.

Administrative Report: Attached. The Manager recommended that the resolution be adopted with one amendment which is to leave the assessment as proposed at the same amount as other benefited properties ($5,215.00). Mr. Palmer said this hearing was a continuation from the last meeting; it was a confirmation of the assessment role for LID 81, which involved improvements on Wickersham Avenue, Dimond Drive, Bartlett Avenue and Sutherland Drive. He said "water main" should be deleted in the first whereas of the resolution as the improvement was for the roadway and the storm drainage.

A protest by Mrs. Nowlin, one of the property owners, caused this issue to be continued. Mrs. Nowlin applied for a right-of-way permit for access for her lot from the state highway. This means that the city would not issue a right-of-way access off of Wickersham Avenue, therefore he recommended that the assessment for Mrs. Nowlin’s lot, Block A-23, be reduced to $1.00 in recognition of the fact that she would receive no benefit from the improvements. A second protest was filed in the interim from Mr. Ronald A. John Sr., who asked for relief from the assessment because of his age and impoverishment. He stated that the assessment would create a hardship. This hearing was to access lots based on their value and their proportionate benefit from the project. Mr. Palmer said that Mr. John’s property benefits from the improvements, so he felt the assessment should remain at $5,215. The assessment could be financed by adding it to the property tax bill and spreading it over ten years.

Public Participation: None

Mr. Perkins said that in addition to the recommendations of Mr. Palmer, he would like to delete, "water main" in the first whereas of the resolution.

Assembly Action:

MOTION - by Perkins, to move resolution 1912 and ask unanimous consent with the appropriate changes as amended; to delete "water main" in the first whereas and to set Mrs. Nowlin’s assessment at $1.00. There being no objection, it was so ordered.

  1. NEW BUSINESS - None
  2. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS
  3. A. Manager’s Report - Action Items - None

    B. Manager’s Report - Information Items

    1. Status of RFP for Televised Assembly Meetings.

    Administrative Report: Attached. Mr. Palmer noted that one proposal was submitted by Ringer Graphics to televise the Assembly meetings. Within the proposal were alternatives; to have fixed cameras or manned cameras. The Mayor had asked Mr. Palmer to remind the Assembly that Mr. MacKinnon, Mr. Garrett and Mr. Palmer were to score these proposals. Mr. Garrett would return this week and Mr. Palmer hoped to get together with him then. He expected to have these proposals scored and present their finding to the Assembly at the next meeting.

    Mr. Perkins asked if this matter would go to the Finance Committee and he asked for clarification on what would be scored. Mr. Palmer answered that the request for proposal was for a range of options and the alternatives within the Ringer Graphics proposal would have to be evaluated.

    Mr. Palmer referred to a memo from John Kern about the summer plan for Capital Transit. Mr. Perkins noted that the city was not in the travel guide as far as advertising was concerned.

    C. Attorney’s Report - None

  4. MAYOR’S REPORT ON NON-AGENDA ITEMS

    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance

  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS
  2. A. Committee Reports

    1. Committee of the Whole

    Mr. MacKinnon reported that the Committee of the Whole was not scheduled to meet next week.

    2. Finance Committee

    Mr. Perkins stated the Finance Committee would meet on March 11, to discuss the harbor deck-over proposals, the airport fuel float fee conversion and the homeless shelter grants for water and sewer charges. He suggested that the proposal for televising be scheduled for the next Finance Committee as well as a discussion on the budget.

    3. Committee on Committees

    Mr. Powell said the Committee on Committees met today and moved the following names forward:

    Americans with Disabilities Act Committee: Carmen Katasse and Linda Stevenson-Millard

    Mr. Powell referred to the annual report from the Energy Advisory Committee. He had tapes from a meeting that was held Friday on the Snettisham agreement by the Energy Advisory Committee.

    Mr. Perkins asked the reason for the meeting as the committee had supported the transfer. Mr. Powell understood that the committee was gathering more information on that sale.

    Ms. Miller clarified that it was not an Energy Advisory Committee meeting, but set up by Mr. Leighty who was not a member of the committee.

    4. Human Resources Committee

    Ms. Muñoz said the Human Resources Committee was scheduled to meet on March 9, to review written comments on the goals and policy objectives for the for-hire vehicle code review.

    5. Lands & Resources Committee

    Mr. Kibby stated that the Lands and Resource Committee meeting would meet on March 11, focusing on the lands program re-write and the Point Stephens water line project.

    6. Public Works & Facilities Committee - No report

    7. Strategic Policy Committee - No Report

    B. Board Liaison Reports

    Ms. Miller noted that a Juneau delegation meeting was scheduled for March 11, 1998.

    Mr. Powell mentioned the Mendenhall Valley Watershed public workshop, a citizen effort to achieve a healthy Mendenhall Valley.

  3. ASSEMBLY COMMENTS AND QUESTIONS
  4. Mr. Koelsch said he would be part of the steering committee for planning the new valley high school. They wanted a broad perspective from the community as this would split the community into two high schools. He clarified that there would be eight or nine people on the planning and leadership committee. Mr. Powell would also attend this meeting at the Central Office.

    Ms. Muñoz received a call about the streetlights on Glacier Avenue, between the Fire Hall and 12th Street, which have been out since December. Mr. Palmer explained that there is a circuit which has created problems with these lights.

    Mr. Perkins stated that a street sign was taken off of Lupine Lane and asked that it be replaced.

    Mr. MacKinnon announced that Ms. Miller was the first vice-president of the Alaska Association of Municipal Clerks.

    Mr. MacKinnon referred to a memo from Gary Gillette regarding parking in the downtown area and suggested the possibility of a small municipal investment in getting a ride share program going. He has spoken with the Manager of the Federal Building who would commit parking spaces closest to the building for those persons involved in a ride share program.

    Mr. Powell felt it was a great idea, but research and results of ride sharing are poor in the major metropolitan areas.

  5. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  6. Bill Leighty, announced that this Saturday was the date of the sixth annual Capital City High School Science Fair and gave a description of the participants, judges and awards. He supported the idea of ride sharing. The meeting on Snettisham was called by him after members of the Energy Advisory Committee told him they did not feel comfortable with the information they had on this subject. A discussion was held on the climate change summit in Kyoto, which was signed by the President, to be ratified by the Senate. If the agreement is ratified, some sort of protocol would be needed to implement it. An analysis of what would occur if the United States accepted this agreement was available for review. He apologized for the fact that nothing was done as a result of the meeting held about the Police Station. He referred to the city’s permitting authority regarding the NOAA building.

    Mr. MacKinnon asked about the information regarding Snettisham. Mr. Palmer responded that he had asked the Mayor for permission to contact an attorney, Ron Saxton, who specializes in utilities. He sent the power sales agreement with some of the documents to Mr. Saxton for his review. Mr. Palmer felt that no matter what happened out there, it was the Juneau ratepayer who would pay the bill. He felt that because APUC regulated the rates, the city was covered, but because of the nuances, it was important to have someone who knew the business to review it. He had told Mr. Saxton that the city did not want to delay this thing or change anything, but was looking at ways in which the city could protect itself from unforeseen things such as if the APUC was dissolved or if the internal structure of AEL&P changed. The city would be responsible for holding a public hearing and he wanted to know what issues the Assembly had control over and what issues they didn’t have control over. He was hoping to hear from Mr. Saxton by the end of the week.

    Mr. Powell clarified that Mr. Saxton was an attorney who specialized in utilities. The hearing on the resolution was scheduled for March 16, 1998.

    Tom Lawson, testified he felt the NOAA building could be a win for the CBJ, for NOAA and for the Lena Loop residents. The residents had expressed a wish for a road built down the middle. He referred to the FEIS where it says that NOAA does not have the funds to implement the suggested new road alternative. He asked the Assembly to focus on the road issue and to keep this project a win-win for everyone.

    Greg Cook, an attorney representing Glacier Lands Inc., read a letter into the record regarding the fact that Glacier Lands Inc. should be involved in the sale or land transfer of the Montana Creek rock source. He left a copy of the letter with Ms. Miller.

    B R E A K

    8:15p.m. to 8:20 p.m.

    E X E C U T I V E S E S S I O N

    8:20 p.m. to 9:55 p.m.

    Mr. Powell stated that the Assembly discussed the possibilities on the Lena Loop NOAA facility and will continue to discuss the terms.

  7. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 9:58 p.m.

 

 

 

Signed: ________________________________

Deputy Mayor MacKinnon

 

 

Countersigned: ________________________________

Marian Miller, Clerk