THE CITY AND BOROUGH OF JUNEAU, ALASKA
January 12, 1998
MEETING NO. 98-02: 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 7:00 p.m. by Mayor Dennis Egan.
Assembly members present: Garrett, Kibby, MacKinnon, Perkins, Powell, Mayor Egan, Hagevig, Muñoz, Koelsch
Assembly members absent: none
A quorum was present.
Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Dave Miller, Airport Manager
SPECIAL ORDER OF BUSINESS
Mr. Powell, on behalf of the SE Roadrunners, presented Marian Miller with a 1997 certificate and tee shirt and commended her first place "outstanding performance" in the 1997 Empire Cup Runner Series.
Beth Pendelton, President of the board for the Alaska Youth Choir (AYC). She referenced the letter of support before the Assembly for the Sister City Exchange Program. She stated the AYC is a non-profit organization, founded in 1994 for the purpose of augmenting choral music education for youth in the Juneau community. They have 50 young people, grades 5-8, who participate. They have had many performances over the last three years including a visit to Sitka They also were the host for the Hong Kong Children’s choir last year. Their upcoming tour is to Whitehorse, Yukon, where they have been invited to participate in an International Choral Festival
Sydney Fadaoff, stated the festival has been going on for 15 years but has not been very well publicized outside of the Yukon and Canada. They were very excited about the AYC and have invited the AYC to be the first international participants in their Canadian Folk Festival which last year had 520 participants. It is a great honor for AYC to be asked to participate and would be a great exchange opportunity for our youth. They are hoping to do a workshop with the Canadian Children Choir and do a small performance for the community and the choir families while attending the festival. A panel of five judges adjudicates the festival and the choral adjudicator is a very well known British Colombian director and performer. She will be offering a critique of the three numbers our choir has been asked to prepare and present. They have also been asked to participate in the mass choir at the end of the festival. The choir is made up of the top performing choral groups that are selected by the judges and will give our youth an opportunity to sing in a huge choir. AYC has three more fundraisers planned for 1998. Each choir member’s family has been asked to pay $200 tour fee and the Glacier Valley Rotary Club has pledged $250 toward the AYC efforts. They are still short $4,000. Air North has given them a rock bottom airfare to get the kids there and back and the Westmark Hotel has given a $1,000 in-kind contribution to house any staff and chaperones in Whitehorse. The Whitehorse Children Choir will be housing the choir members. She stated that she will be sending a contingency fund request to the Parks and Rec. Committee and they are hoping between the Assembly, the Sister City Committee and the community they will be able to raise the additional $4,000.
Mr. MacKinnon asked to remove resolution B-1.
MOTION – by Garrett, to adopt the Consent Agenda as amended removing item B-1, and asked unanimous consent. There being no objection, it was so ordered.
A. Ordinances for Introduction
1. Ordinance No. 98-02
AN ORDINANCE AMENDING THE ZONING CODE TO ESTABLISH THE MAXIMUM NUMBER OF DWELLING UNITS ALLOWABLE IN THE GENERAL COMMERCIAL AND LIGHT COMMERCIAL ZONES.
Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.
2. Resolution No. 1915
A RESOLUTION URGING THE STATE OF ALASKA TO PROVIDE FOR NORTHERN LYNN CANAL DAY BOAT SERVICE ABOARD THE M/V MALASPINA.
Administrative Report: Attached. The Manager recommended that this resolution be adopted.
B-1 Resolution No. 1914
AN RESOLUTION EXPRESSING ASSEMBLY SUPPORT FOR NEGOTIATION OF PACIFIC SALMON TREATY ISSUES BY THE NORTHERN BOUNDARY STAKEHOLDERS GROUP AND INTERIM MANAGEMENT OF PACIFIC SALMON TREATY FISHERIES BY THE ALAKSA DEPARTMENT OF FISH AND GAME.
Administrative Report: Attached. The Manager recommended that this resolution be adopted.
Public Participation: None at this time.
MOTION - by MacKinnon, for the purpose of amendment.
Mr. MacKinnon noted that when the news came out today that the state department was pulling the stakeholders out to try and resolve the issues strictly dealing government to government, he thought the resolution was mute. He now thinks it is still important that the Assembly send its support for the stakeholder process. Various communities, processors, and harvesters of the fisheries brought about the stakeholder process. It has been very successful up until recent years and not involving the people most affected by any decision made will create serious problems. He proposed a new Section 2, moving the existing Section 2 to Section 3. He proposed the wording on the new Section 2 as: That the U.S. and Canadian Governments should maintain the stakeholder process in any government to government decisions affecting salmon allocation under the treaty.
Mr. Powell stated it is clear that being in Southeast and being for stakeholder involvement, he agrees with Mr. MacKinnon’s amendment and resolution. He asked if the four recommendations of the Ruffelshouse report should be referenced.
Mayor Egan stated he is comfortable with Mr. MacKinnon’s proposal and that if the Assembly is going to get involved in the Ruffelshouse report, he would like to delay.
Mr. Perkins, not having read the Ruffelshouse report, also could not support putting any language into this resolution.
Mr. Powell stated he would like to support this resolution as stated by Mr. MacKinnon.
There being no objection to the amendment, it was so ordered. There was also not objection to the resolution as amended, and it was so ordered.
1. Ordinance No. 98-01
AN ORDINANCE AUTHORIZING THE MANAGER TO DONATE FILL MATERIAL TO HABITAT FOR HUMANITY.
Administrative Report: Attached. The Manager recommended that this ordinance be adopted.
Public Participation: None at this time.
MOTION - by Kibby, to approve Ordinance 98-01 and asked for unanimous consent. There being no objection, it was so ordered
1. Proposed findings in Bausler appeal (USE97-00040)
Administrative Report: Attached. Mr. Corso stated the Assembly may adopt, amend, or reject the proposed findings as stated in the packet.
Mr. Muñoz stated she had reviewed the Planning Commissions comments as well as the comments from Mr. Bausler and the other parties of the appeal. She recommends that the Assembly adopts the findings.
There was no objection to the adoption of the findings and they were so ordered.
A. Manager’s Report - Action Items
1. Funding for the 1998 ComTech Conference
Administrative Report: Attached. The Manager recommended that the Assembly approve $4,080 from the Better Capital City Account to fund rental costs for the 1998 ComTech Conference.
MOTION – by Garrett, to appropriate $4,080 out of the Better Capital City Account to fund the rental costs for the ComTech Conference. There being no objection, it was so ordered.
Mayor Egan thanked Ms. Favro for her hard work and the efforts of all the volunteers of the Alaska Committee.
B. Manager’s Report - Information Items
1. External Investment Advisor
Administrative Report: Attached.
Mr. Perkins referred back to the body, based on Mr. Palmer’s further review and comments, and asked if this would be necessary to come back before the Finance Committee for further discussion.
Mr. Powell stated that because this has taken so long, he would like a status report by next month. He thinks the issue needs to stay on the burner so that it will stay on track.
Mr. Palmer stated the next step would be a recommendation on hiring an investment advisor and that recommendation could come back to the Assembly or the Finance Committee.
Mr. Garrett asked how long it usually takes to do RFP’s. Mr. Palmer stated it depends and that this required an RFP to get a consultant to write the RFP to hire the expert. The Assembly and staff made the conscious decision to do this because it was felt the people writing the policy should not be the same people doing the investments.
Mr. Garrett stated there have been a number of issues that have been driven by the cities purchasing rules. He stated, even with the two steps, it is ridiculous that this RFP took so long. He is wondering if there are things that have come out of this experience that the Manager can recommend to the Assembly about how to improve the purchasing process.
Mr. Palmer stated with regard to this specific RFP, when staff talks with Ruthann Moomy, they will discuss what she sees, as an outsider working with the system, that can be done differently to speed things up in the RFP process.
Mr. Garret encouraged Mr. Palmer to look through the purchasing rules to see what can be done to streamline the process.
Ms. Hagevig agreed and stated the Assembly has gotten into a pickle a couple of times either in the appeal process or in its attempt to get business done efficiently on behalf of CBJ. Some of the policies the Assembly has run up against are not always well grounded in ordinance but are simply the policies of the purchasing department or administrative decision. She feels a periodic review of investment philosophy or strategy, with respect to what is happening in the market at any given time, would be a good idea.
Mr. Perkins stated, like in some cities, a yearly review of the investment policy is a prudent thing to do and would be good to do at the end of the budget cycle when the city budget is prepared. He stated concerns have been addressed and he is ready to put this behind him. He asked again if the members would like to discuss this at the Finance Committee.
Mayor Egan stated that Mr. Powell had suggested another report at the first meeting in February. Mr. Perkins felt it should be wrapped up by then and he did not schedule the issue for the finance committee.
Mr. Palmer stated that included in the Managers report a few meetings back was a statement that JetFloat was no longer in business. The Managers Report was on the Internet and was picked up by the JetFloat manufacture in eastern Canada and they called Joe Graham to state that they are in fact still in business.
C. Attorney’s Report - None
A. Revised Pending Items
A. Committee Reports
1. Committee of the Whole
Mr. MacKinnon stated there will be a meeting on the 26th to discuss the Design Review Board.
2. Finance Committee
Mr. Perkins stated there are no committee meetings on the calendar. He asked Mr. Garrett to give a brief overview of the report he presented. Mr. Garrett reported the special committee on video coverage of Assembly meetings met last week. They outlined the scope of services for a RFP. The Manager is taking that scope of services and will put together a draft RFP to present to the committee. They are looking at advertising the month of February, making a pick in March and hopefully starting coverage the beginning of April. Mr. Palmer stated he would put a draft RFP in each Assembly member’s box and will not be presenting it at the next meeting.
Mr. MacKinnon asked if this was embarking on a direction that may not have full support of the Assembly. He asked if it was talking about someone coming in to produce the video. Mr. Garrett stated this was about televising the Assembly meetings and that it could be automated. The focus of the meeting was not to worry about how it was done but what the end product would be. Mayor Egan stated it could be a one time expenditure of $20,000 or a recurring expenditure of $20,000. That will be up to the members of the Assembly. Mr. Palmer stated one of the requirements was that title and character generation be included and that could not be automated. Ms. Hagevig stated the intent is that there be the capability.
Mr. Powell offered the following committee appointments to be confirmed:
MOTION – by Powell, to confirm the appointment of Cheryl Hull to the Americans’ with Disabilities Act Committee. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointment of Jennifer Klein to the Commission on Aging. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointment of Mala Reges to the Douglas Service Area Advisory Board. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointments of Milt Barker, Lawrence Woodall and Dick Bevins to the Energy Advisory committee. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointments of Richard Focht, Jr., Charles Polk and Duff Mitchell to the Fisheries Development Committee. There being no objection, it was so ordered.
MOTION – by Powell to confirm the appointments of Ed Flanagan, Ron Lorensen and Beverly Reaume to the Bartlett Regional Hospital Board of Directors. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointments of Ken Dean, James King and Paul Grossi to the Parks and Recreation Advisory Committee. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointments of Douglas Gardner, 3 year term; Hugh Grant, 1 year term; and Ken Kareen, 3 year term; to the Personnel Board. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointments of Tim Cottongin and Karen Shoemaker to the Sales Tax Board of Appeals. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointments of Terry Brock, K.V. Koski and Chris Rowe to the Wetlands Review Board. There being no objection, it was so ordered.
MOTION – by Powell, to confirm the appointment of Norma Strickland to the Women’s Council. There being no objection, it was so ordered.
4. Human Resources Committee
Ms. Muñoz stated there would be a meeting on the 26th at noon in room 211 to discuss the continuation of the for-hire vehicle code revisions.
5. Lands & Resources Committee
Mr. Kibby stated the Lands Committee will meet on Wednesday, Jan. 14 at noon in room 211. There will be three action items: driveway easement for John MacKinnon; Windfall Avenue land sale; and the land management land disposal update.
6. Public Works & Facilities Committee
Mr. Garrett stated there is a noon meeting on Thursday of this week to discuss the continuing progress on the Point Stephens waterline extension and property sale to finance it. There will also be a discussion about the establishment of a street light installation policy for the community and a report about the cost of providing water service for those on Thane. If it is done with a pipe from down town it will be around $8 million and if there is an onsite water system with filtration treatment and a local system it will be about $5.3 million.
Mr. Kibby asked what stage of development the stairwell next to Gastineau School was at. Mr. Garrett stated it was in design. Mr. Kibby asked when it was expected to be seen. Mr. Garrett stated that in the committee, they expressed an interest in having something done on that project this summer.
7. Strategic Policy Committee
Ms. Hagevig reported there will be a meeting on Tuesday, the 20th at noon in the CDD conference room. It should not last more than an hour and will be a teleconference with the contractors on the visioning project. That may be brought in for Assembly action by resolution the first meeting of February. She stated the Tourism Advisory Committee meeting has been rescheduled to the 20th at 5:15 in the Juneau Fire Hall.
B. Board Liaison Reports
Mayor Egan stated the Alaska Committee will meet on Wednesday the 21st at 7:00 a.m. That is the first delegation meeting at the Assembly Chamber at 7:30. That is the meeting with the delegation and not with the lobbyists. The community reception is tomorrow at 5:30 at Centennial Hall.
Mr. Koelsch stated he is working on a committee with the School Board RFP for the new High School and renovation of JDHS. Things are moving along quickly. Mayor Egan asked when the committee expected to have its decision and Mr. Koelsch stated by the end of the month.
Mr. Perkins asked about the Alaska Youth Choir’s request for funding. Mr. MacKinnon stated there is a program for youth activities and in that is a contingency process for things that come up on a very short notice. He feels, without showing a lack of support, that the AYC should go through the process that is set up before it is addressed at the Assembly level. Any money given to them by the Assembly may jeopardize their ability to get funds from the contingency fund.
Mr. Perkins asked if the Assembly would like to schedule a finance meeting or use the option as stated by Mr. MacKinnon. Mayor Egan reiterated that it could jeopardize AYC’s standing if they receive funds from the Assembly. Mr. MacKinnon would like AYC to stick to the procedure first and if all else fails, then come to the Assembly with their request.
Mr. Powell agreed with Mr. MacKinnon’s idea of running the process as there is not a time crunch at this point.
Ms. Muñoz referenced a letter received from Thomas and Deborah Neubaurer, owners of the old Lyles Hardware Bldg. and the Northern Sales Bldg. They commend the city staff, especially Sara Boesser and Chris Roust for being very helpful in the permitting process.
Mr. Kibby stated that he has been appointed, by the Mayor, as the liaison to the Resource Development Council (RDC). This appointment is going to require periodic travel starting this weekend with a meeting in Anchorage.
Mr. Powell stated there are several meetings and to suggest funding a lot of travel to Anchorage may not be a good idea. Unless there is a policy on our participation in their meetings, narrowing it down to the annual meeting, and special issue relevant to what we are doing in Juneau or a statewide issue that we are interest in, would make sense.
Mayor Egan stated the upcoming meeting is the annual retreat where goals are set. Mr. Kibby stated looking at the schedule, it appears the board meets every two months. Mayor Egan stated he found it appropriate for Mr. Kibby to go the retreat and then he can report the schedule of RDC for the coming year.
Mr. Powell stated the planning and strategy meeting along with the annual meeting would be good and that using teleconference for the others may be more practical. He stated that if the community is contributing to that group, we are making a statement that we care about resource management and their organization.
There was no objection to Mr. Kibby attending the retreat in Anchorage.
Mr. Kibby asked the Mayor how effective he felt the board was. Mayor Egan stated the board is very effective. He stated that because of the RDC and the intervention with Senator Stevens, the problems with Dzantik’I Heeni Middle School were solved a lot sooner than would have been possible as a municipality.
Ms. Hagevig reported she has been working on the agenda for the WIR National Assoc. of Counties meeting, for which Juneau is the host county. The host county is expected to participate in their legislative conference at Washington DC, immediately proceeding the WIR meeting, with materials on everything that is available to do in Juneau in addition to the agenda materials. She asked for response with respect to her attending that meeting with someone from the Municipal League. She expects between 500-600 people in Juneau for the conference in May which will definitely be beneficial to Juneau. Mayor Egan stated it will be the largest national conference Juneau has ever had. Ms. Hagevig stated finding enough beds may be a problem and that there will be additional funding that the Assembly will be responsible for as the host.
Ms. Hagevig reported the AML Board meeting will be in Juneau with the Conference of Mayors the 27th and 28th of January. The Municipalities address is to be put together at that time. The focus of the remarks will be toward the Capital Bldg. She encouraged all to attend.
Ms. Hagevig stated the preliminary draft for the deferred maintenance from the Deferred Maintenance Task Force is out. Juneau does not do too badly in the report. She stated public works should follow it closely. There are a lot of projects in Juneau that would bring a fair amount of economy boosting to the community.
Mr. Garrett reported a concern with traffic speed on North Douglas Highway, particularly at the two entrances and exits of the Bonnie Brea Subdivision and especially on the weekends with traffic to and from the ski area. He asked the possibility of having the Police Chief do increased speed control on the weekend.
Mr. Garrett stated he is intrigued that Mr. Corso will be addressing the ComTech Convention. He asked about the issue of when and where does the taxable event occur on Internet transactions for the purposes of collecting sales tax.
Mr. Corso stated he has a couple preliminary opinions and he does not expect this to escape state and federal regulation for too much longer. It is not too early to have an initial CBJ position on it and he asked if the Assembly would like him to prepare a paper on the issue. Mr. Garrett agreed it might be worth discussion at a future finance committee meeting prior to the budget cycle.
Mayor Egan reminded the Assembly members about attending the community reception for their designated half hour and encouraged all to stay until the end of the reception He thanked Marian Miller and Susan Bell and the rest of staff for all the hard work put into the reception.
Mayor Egan referenced a letter in the Empire and wanted "MT" to know that neither he, nor the Assembly, control the school lunch program. For the past five years, the Assembly has contributed the maximum amount allowed by state law to the Juneau School Districted including innovative ways to fund the district, over and above what is allowed by law. If there is a problem with the menu, he suggested it be taken up with the School Board and the school administration.
Mayor Egan reminded all of the AML and Conference of Mayors on the 27th and 28th, Southeast Mayors will be meeting on the 29th and the Assembly is welcome to attend those meetings. Agendas will be provided to all Assembly members.
Mayor Egan passed out a letter from David Fremming from the Alaska Southeastern Magazine with a copy of a resolution that was passed by the Juneau Rotary club. An identical resolution was also passed by the Glacier Valley and Gastineau Rotary clubs, requesting that the Federal Building be named after Hurff Saunders, one the original architects on the building who recently passed away. He has been involved in many of the larger structures in Juneau and he asked if this could be discussed at the next meeting in February.
Marian Miller, Clerk