THE CITY AND BOROUGH OF JUNEAU, ALASKA

MAY 4, 1998

MEETING NO. 98-14: 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.

  1. FLAG SALUTE was led by Mayor Egan.
  2. INVOCATION was not offered.
  3. ROLL CALL
  4. Assembly Present: Kibby, MacKinnon, Perkins, Powell, Mayor Egan, Hagevig, Muñoz, Koelsch and Garrett

    Assembly Absent: None

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; John Kern, Capital Transit; Joe Graham, Port Director; Kim Kiefer, Parks and Rec. acting Director; Joe Buck, Engineering Director; Dave Miller, Airport Manager; Craig Duncan, Finance Director; Steve Gilbertson, Lands and Resources; Kristi West, Parks and Rec.; Richard Gummow, Police Chief; Laurie Sica, Environ./Zoning Inspector

  5. APPROVAL OF MINUTES – None

SPECIAL ORDER OF BUSINESS

    1. City Manager’s Annual Evaluation
    2. MOTION – by MacKinnon, to defer the City Manager’s evaluation until 9:00 p.m. or the end of the meeting, whichever is first. There being no objection, it was so ordered.

    3. Police Memorial Week – May 10 - 16
    4. Mayor Egan read the proclamation into the record. It was accepted by Chief Gummow and Mike Tagaban.

    5. Clean Up, Green Up Month - May

Mayor Egan read the proclamation into the record. It was accepted by Laurie Sica.

  1. MANAGER’S REQUEST FOR AGENDA CHANGES - None
  2. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  3. William Philip Dunn, 11435 Glacier Highway, presented Mayor Egan with a copy of a letter he submitted to the Planning Commission. He lives between the NOAA lab and DeHarts on the shore of Auke Bay and this has been his home for most of his adult life. He is very concerned, as a resident on the bay, that the hillside that was full of old growth is now stumps. He has been to CDD and talked with many of the staff, of which he has great regard for many of the individuals of the borough staff, but he is very discouraged. The owner of the property wiped out at least 70 trees. The eagles used lived in those trees in harmony with Auke Bay. He has been asking why the owner did not need a permit to cut the trees. He appeared before the Planning Commission and presented them with a fairly lengthy letter, which included three specific suggestions about zoning and ordinances, and asking specific questions about the property and the project. That was over three weeks ago and he has yet to receive a reply from CDD. He read a commentary in the Empire a couple of days ago, from another long term resident of the area, Mr. and Mrs. King, which was a very sound commentary about wise long term planning and vision. At the end, they said that people should not get discouraged, they should consider participating in the planning process exciting and rewarding. He has been quite discouraged by the lack of response to his specific inquiries and recommendations. He read his two requests to the Assembly and asked that they have staff respond. First, he would like a response to the property and project. The Hot Bite sign is hanging on one of the few remaining CBJ trees. The area has been flattened, presumably for parking and there is a sign "for lease as commercial" but he has not seen anything in the paper about public hearings. Second, he would like to hear the Assembly’s response, as fellow citizens, to what has taken place out there.

    Laurie Ferguson Craig, P.O. Box 22428, Issues Coordinator for Alaskans for Juneau. They are a citizens group that has been monitoring the AJ Mine for several years. After a number of requests under the Freedom of Information Act, they have finally received some very informative documents that tell about what happened in the AJ prior to the fish kill. It does not tell what the fish kill was caused by but it does give information that they were previously denied officially because there was a criminal investigation. In September of last year, the US Attorneys Office declined to prosecute Echo Bay criminally and that seemed to open the gates for information to flow to the public. She received three different packets of documents from Washington DC. Because of this information, they have filed a request for evidentiary hearing to halt the pumping of the AJ Mine until this information can be applied toward knowing what is inside the mine and what is likely to come out and how to protect Gold Creek. She said copies of this information will be provided to the three main libraries by the end of the week. The packets contain interviews that the federal investigators conducted with witnesses, some of whom made a very clear point of trying to protect the water, but unfortunately some of their advise was not headed as well as it could be. It is very lengthy information and hopefully they will receive more as time goes on. She read one very brief statement. "It is the opinion of the EPA’s Criminal Investigation Division, that this investigation meets the criteria for criminal prosecution in that the alleged discharge took place without an NPDES permit, was ongoing for several years and was concealed by several individuals within the company who ordered employees to discharge at night while conducting sampling at the discharge point only during the day." She encouraged the Assembly to try to read through this information and explained that people’s names have been blacked out. She recommended the Assembly start with packet C as it contains a 50 page summary, in narrative form; the backup can be found in the interviews. The EPA and the State have agreed to convene an on going forum called the AJ Closure Review Team which is a forum for city, state and federal agencies to all get together, on a regular basis, to review the information about the closure of the mine. They have called a meeting tomorrow at 1p.m. at the EPA conference room. She encouraged Assembly and public to join at the public meeting.

    Mr. Powell said it was very unfortunate learning about this stuff. He asked if the FBI gathered the information. Ms. Ferguson Craig said there was two entities: federal investigators through the FBI and through the Criminal Investigation Division of the EPA. Ms. Ferguson Craig indicated the information was based on interviews and logbook entries and not just what someone said. Echo Bay was required to submit workers logs, drilling reports, and shift reports. There were comments written on every shift about what happened. Where there were certain comments, the investigators would go to the people who were working that night for clarification of what their notes meant. When the US Attorneys decided not to prosecute, they said that the State had achieved a significant penalty with its $250,000 fine to Echo Bay for civil charges. There is a question as to whether that covered everything that the federal investigators found as there’s a clear difference.

    Bill Leighty, shared energy views and news for the Assembly’s use in deliberations. He presented each member a copy of this report. The first side was an excerpt from the Scientific American article, March 98, "The End of Cheap Oil, it’s Coming Fast." The concept is not that the world is running out of oil but that the world production of conventional oil may peak as soon as ten years from now. That would be the end of the era of cheap oil as we have known it. Side B, "What do we do about it?" One thing this community can do is shift the tax burden from general growth sale tax or property tax to energy tax to discourage the consumption of energy. It is something we could phase in to avoid a more disruptive economic event. We need to guide our transition. He attended a conference in which there was an update on the Climate Change Treaty. The feeling is that there are so many uncertainties, such a complicated and politicized situation, that the treaty that was signed in Kyoto, will not be presented to the Senate for ratification until probably the year 2001. Things are moving slowly but they have not gone away. The NOAA and NMFS facility is unfortunately located far from the population center so it is assumed that people are going to drive there. Also, it is exposed to the north winds and so it will be a very expensive facility to heat. Second, the city is engaged in an ambitious and admirable long-range areawide transportation planning study. We should keep in mind what kinds of transportation modes and systems we want, in anticipation of these changes in the world energy scene, especially the availability of crude oil products.

    Shane Williams, representing the Juneau Independent Drivers Association (JIDA), testified that after the most recent Assembly meeting, they went through all the files and tried to come to a conclusion as to what needed to be taken care of; what industry problems needed to be directly focused on the media. They came to the culmination that Island Waterways has complaints stacked up, four inches thick, three years old, and every one of the complaints have either been set off to the side or no action has been taken. The majority of the complaints have been founded, witnesses have been willing to come forward to speak to that. That also goes for City Café, which is two years old. The complaints are about two and a half inches thick in the files. Furthermore, under the ordinance, they have not addressed it neither in their application nor in the continuation or the operation of their business for the last two and three years. Due to this fact, the JIDA is asking for the suspension of Island Waterways permit, per his stated letter, and revocation of City Café’s permit.

    Mr. Garrett congratulated the JIDA for their organization and thoughtfulness. Mr. Williams appreciated the statement and added that they have asked all the drivers to direct the information through the JIDA so it can be focused and presented in the whole.

  4. CONSENT AGENDA

A member of the audience asked for the removal of item B-1, Resolution 1923. Mr. Powell asked for the removal of B-2, Resolution 1928; Mayor Egan, per a member of the audience, removed item B-4, Resolution 1931.

MOTION - by Garrett, to adopt the Consent Agenda as amended by the removal of items B1, B2 and B4, and he asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

1. Ordinance No. 97-17 (AY)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $12,800 FOR FACILITY RENOVATION AND ELEVATOR INSTALLATION AT THE HEALTH AND SOCIAL SERVICES BUILDING AT SALMON CREEK. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

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

    1. Ordinance No. 97-17 (AZ)
    2. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $5,000 FOR AVALANCHE AND MUDSLIDE MAPPING FOR THE DOWNTOWN AREA. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS.

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

    3. Ordinance No. 97-17 (BA)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $3,000 TO BEGIN DEVELOPMENT OF A HISTORIC PRESERVATION SECTION FOR THE CITY AND BOROUGH WEBSITE. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF NATURAL RESOURCES.

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

B. Resolutions

3. Resolution No. 1929

A RESOLUTION APPROVING THE AMERICANS WITH DISABILITIES ACT TRANSITION PLAN TO PROVIDE GUIDANCE FOR THE REMOVAL OF PHYSICAL BARRIERS FROM MUNICIPAL FACILITIES AS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT.

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

C. Transfer Requests:

1. Transfer No. T-646: TRANSFERS $6,062 FROM TAXIWAY LIGHTING REPLACEMENT (CIP A345-30) TO NORTH TERMINAL ACCESS REHABILITATION/ACQUISITION OF SECURITY ACCESS CONTROL SYSTEM (CIP A345-25).

Administrative Report: Attached. The Manager recommended the Transfer be approved.

    1. Transfer No. T-647: TRANSFERS $3,100 FROM ENERGY EFFICIENCY IMPROVEMENTS (CIP D374-30) TO JUNEAU FIRE STATION REPAIRS (CIP F413-12).

Administrative Report: Attached. The Manager recommended the Transfer be approved.

    1. Bid Award:

    1. Contract No. E98-382: JUNEAU FIRE STATION RE-ROOF.

Administrative Report: Attached. The Manager recommended award of this project to Silver Bow Construction, in the amount bid, for a total award of $110,876.00.

B1. Resolution No. 1923

A RESOLUTION ESTABLISHING THE 1998 PORT DUES FOR THE CITY AND BOROUGH OF JUNEAU PORT FACILITIES, AND REPEALING RESOLUTIONS 1753 AND 1754.

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

Public Participation:

Don Habeger, 4942 Steelhead Street, commented on the document titled Fees and Port Bond Activities. He encouraged the Assembly to rethink their position of .21˘ perhaps to a lower figure as recommended by the Port Advisory Committee. As he understands this particular document, for FY98 it says the fund balance at 6/30 is approximately $1,196,055. The fund balance on the 1991 debt service is $139,739. Quite often, the Harbormaster has told the Port Advisory Committee that in his opinion their target was $1M for the cushion. It looks like, using those two figures, it is now approaching over $1M. That, coupled with the fact that the deck over project is in the planning stages, and there are other projects that the Port Advisory Committee has recommended to the Harbor Board that for various reasons haven’t been done, he encouraged the Assembly pick a rate that would keep it at that $1M target. If each penny brings in $66,000, to keep that $1M target, the rate could come down .02˘.

Mr. Garrett asked the status of the dredging project in front of the steamship dock. Mr. Habeger thought it was on hold due to the fact that it is a hazardous material and has to be removed entirely.

Mr. Garrett asked that in the absence of that dredging project, will that affect the ability of some of the vessels that are scheduled to come next year to dock there. Mr. Habeger said yes, that is why they think some projects that the Advisory Committee has identified are more important, just to make the docks more usable. One of them is the dredging project so there is more versatility in mooring the ships, the other one is a shore ballard or shore deadman or perhaps a marine ballard down by the ice house by Taku Smokeries.

Mr. Garrett asked how much those projects would cost. Mr. Habeger said the figures are unknown. If they got the deadman in, they were told it would be about $100,000 which he believes was set aside out of previous funds. The dredging was approximately the same, maybe $150,000 which he thought was also set aside.

Ms. Muñoz asked if the rate at the private dock was the same. Mr. Habeger said no, they discharge a per length fee which is a sliding rate and depends on what is done with this rate.

Ms. Muñoz clarified the Advisory Committee’s recommendation was .19˘. Mr. Habeger believed it was .15˘. Ms. Muñoz asked the current fee. Mr. Habeger said by ordinance, it is .25˘ and the current resolution is .21˘, the Port Advisory Committee has recommended .15˘. Ms. Muñoz clarified last year the fee was .20˘.

Assembly Action

MOTION – by Garrett, to adopt Resolution 1923 and propose an amendment. He offered the following amendment: to set the port dues at .20˘.

Mr. Garrett would like to go with what the Advisory is requesting but he said it is hard to look at the face of these huge fund balances which at the Finance Committee they were told didn’t exist.

Mr. MacKinnon said, looking at the column fund balance at 6/30, he thought it was the date the fund balance was recorded on this list and that it would be significantly different on 7/1 when the big check is written to pay for the debt service of $963,000. He does not have a problem with the .21˘ and perhaps would like to see it higher so that the Harbor Board builds up a little bit of money and takes on projects that have been identified. He is frustrated that there has been discussions of the deck over for years and realistically it will take a couple more years at the rate things are going. The other project that Mr. Habeger talked of needs to happen but it takes money. The original ordinance had .25˘ a net registered ton. He did not feel that .21˘ was unreasonable.

Mr. Garrett pointed out that the balance of $1.2M as of 6/30 is after the debt service payment of $965,000.

Mr. Duncan, Finance Director, stated that in this particular case, the original bond issue was dated on 7/1 in order to provide for cash flow, because the city is on a fiscal year basis, and that allowed us to do some of the timing issues that were done when the original issue was put on the street. The one thing that was pointed out, on the day after you see this balance, on 7/1, they pay the principal for the whole year and interest for six months. That typically runs about $850,000. He also pointed out that the fund balance report is a total including all the receivable balances and it does not represent total cash. There are several $100,000 of that balance that is a receivable to that harbor so what they really do is go negative on the cash balance on 7/1, the cash position is made up by the end of the summer and then another payment is made in January and made up in the following spring.

Mr. Joe Graham, Port Director, said that the Harbor Board views the recommendation to the Assembly based on the ordinance. The ordinance includes language for debt service requirement as well as a number of other issues such as property acquisition, major maintenance etc. There are a number of projects that the Harbor Board has developed relative to its Port CIP list and the number one project on that list was the deck over between the steamship wharf and the Marine Park area. Based on recommendations from the Assembly Finance Committee, that scope has been broadened somewhat and they are in the process of contacting all the various agencies, firms and individual persons who might be interest in commenting on that scope. That comment period will end on the 10th of this month and the board will try to move forward with that project in some expeditious fashion. The deck over/Marine Park improvement and the rehabilitation of the steamship wharf certainly relate to these funds. The Harbor Board is cognizant of a need to build up a significant chest of funds to move forward on these projects, they felt the .21˘ was fairly prudent as long as additional dialog is carried on very shortly with the Port Advisory Committee to establish some sort of long term scenario.

Mr. Powell thought it came down to the intent of the ordinance, that being the funds that were collected would be used not just for retiring the debt service. He supports the .21˘ and goes along with the Harbor Board.

Mr. Garrett pointed out that cash flow is one thing, but he felt they were really over collecting. Mr. Duncan responded that the timing issue is the question. Up until 1997, the balance on the schedule was $801,355. That represents that if the city terminated collecting port fees on 6/30/97, the total amount would be paid out on the following day and be even. Port fees are collected for the next 12 months to pay the port fee payment again. Going through the schedule as it is prepared, it shows that when you get to FY02, the debt service payment is made on 7/1/2001 because that falls into the year 2002. The $1.7M is in fact a surplus at that point, on 6/30/2002, because there is no 7/1/2002 debt service payment. Up until the time of 2002, the money is made in one year, the debt service is paid the first day of the following year and that is the way the debt was scheduled from day one. They have scheduled the debt in order to be able to collect the money in one year for timing and pay it in the next. Mathematically it works out for the whole time frame. In 1998 the rate was set higher than necessary so the projected amount at the end of 1998 is greater than what is needed. There is about $300,000 plus in there at the end of 1998. Up until this year there was no extra. The schedule assumes a hypothetical situation of .21˘ rate so staff will deposit into this account above what is needed so that in the next four years they will end up being $1.7M ahead.

ROLL CALL ON THE AMENDMENT

Ayes: Garrett

Nays: Perkins, Powell, Hagevig, Kibby, Koelsch, MacKinnon, Muñoz, Mayor

Egan

Motion fails 8:1

There being no objection to the main motion, without amendment, it was so ordered.

B2. Resolution No. 1928

A RESOLUTION EXTENDING THE AMERICANS WITH DISABILITES ACT COMMITTEE OF THE CITY AND BOROUGH OF JUNEAU.

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

Public Participation: None

Assembly Action:

Mr. Powell recognized the hard work this committee has done. He pointed out the report in Resolution 1929 is a good report, the committee has put a lot of work into it and for a minimal amount of money, this community can have greater access. Over 15 percent of this community is disabled in one way or another . There is a lot more work to do and he commended Mr. Earl Clark, who is the chair, and the other members.

There being no objection, Resolution 1928 was adopted.

B4. Resolution No. 1931

A RESOLUTION SUPPORTING SITKA AS THE LOCATION FOR A FOREST PRODUCTS DEVELOPMENT CENTER.

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

Public Participation:

Ronald Dippold, 8318 Counterpane Lane, stated he was surprised to see this on the agenda and didn’t know it had gone this far. He strongly counseled not to vote for it. The timber industry was not lost, it was driven out by people in Juneau, Sitka and Southeast Alaska and the activities of the Forest Service. With the current administration of the Forest Service, any money spent over there is going to be for studies, he cannot see anything happening. He thought the only reason to vote for this would be to get the federal money in SE Alaska. He suggested if anything, put it in Wrangell where they are doing something.

Assembly Action:

MOTION – by Garrett, to adopt Resolution 1931. There being no objection, it was so ordered.

  1. ORDINANCES FOR PUBLIC HEARING

    1. Ordinance No. 98-13

AN ORDINANCE AUTHORZING THE MANAGER TO NEGOTIATE AND EXECUTE AN EXTENSION OF A LEASE OF APPROXIMATELY 0.36 ACRES WITHIN TRACT A, ALASKA TIDELANDS SURVEY NO. 556 TO GENERAL COMMUNICATION CORPORATION FOR A COMMUNICATION EARTH STATION LOCATED AT THE ROCK DUMP.

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

Public Participation: None

Assembly Action:

MOTION - by Powell, to adopt Ordinance 98-13, and he asked unanimous consent.

Mr. Perkins objected for the purpose of discussion. He asked Mr. Palmer why they were making this request. Mr. Palmer indicated they plan to invest more money into the plant that they have there, they will be expanding.

Mr. Perkins removed his objection.

There being no objection to the main motion, it was so ordered.

2. Ordinance No. 98-14

AN ORDINANCE AMENDING THE TRAFFIC CODE TO PROHIBIT OPERATION OF SKATEBOARDS IN MARINE PARK, AND AMENDING THE SCHEDULE OF FINES TO INCREASE THE AMOUNT OF THE PENALTY FOR VIOLATION OF ORDINANCES APPLICABLE TO SUCH DEVISES GENERALLY.

Administrative Report: Because this was a policy decision by the Assembly, the Manager had no recommendation.

Public Participation:

Testimony was limited to three minutes per individual.

Cathy Bowe, 230 S. Franklin, #911, Manager of the Marine View Center, and also a tenant of the building since 1992. At least twice a week in the summer and frequently more often, she takes her grandkids to Marine Park. They use the park as their back yard. She personally has never had any conflict with the people on skateboards in the park. They are there to practice and visit with friends, just like others. She has never been run into or heard people make noise in the park after the park is closed. She could not say the same for the adults who drink in the park. Marine View maintenance people have to clean up beer cans, broken bottles, and urine on a weekly basis from people who drink down in their parking garage. She has never had to ask kids on skateboards to leave the parking garage but she does have to go down at least a couple times a month to tell adults that they cannot hang out and drink on the property. She has to get their name and then warn them that they cannot be there, then she has to document that she has warned them. The next time she can call the police and they will come and warn them and she can give them a piece of paper that says they are not allowed to be on the property at all and they will be ticketed if she has to come and tell them again. The next time they can be ticketed and the ticket is very rarely paid. This would sound silly until you consider that the people that she has a problem with across the street in the park are these same people. She does not think it is the kids on skateboards who cannot co-exist with the rest of the neighborhood and Marine Park. It would be a real injustice to penalize the people on skateboards for bothering tourist when the more serious problem of people drinking has not been addressed.

Mr. Perkins asked Ms. Bowe about the destruction to benches and some of the fixtures of the park from the boarders using it; who pays for this. He has seen a video tape showing destruction by skateboarders using benches for their jumps. Ms. Bowe said she does not see that a whole bunch, they do more jumping and turning. She does not know that it would be any more than what it costs to clean up the smell of the park.

Ronald Dippold, 8318 Counterpane Lane, testified he couldn’t believe the city is going to try to outlaw or segregate an area that the skateboarders use, which is a public park. He is no fan of skateboarders but he is a fan of responsibility. Skateboarders should be responsible anywhere. There are laws that can be used to prosecute skateboarders. The city needs to implement the laws and use them. He has been to the Renninger Park and every time there has seen people breaking every law there is, no helmets, no pads, nothing. The borough has told him to take pictures and get their names. Skateboarders should live by the law. The people there are to much of are the tourists. The letter from the Carnival Cruise Line was quite upsetting to him, telling us what to do with our dock. He urged the Assembly not to ban the skateboarders from the park, just like you cannot ban him from riding his bike through the park. It is nearly impossible to ride your bike through the streets downtown because there are too many tourists. He suggested no more than two cruise ships in town at one time. He referred to Ms. Hagevig's comment on the radio about liability.

Lionell Ward, P.O. Box 35033, attends JDHS, his mother has a business downtown and he is starting his own business. He said Marine Park is the only place downtown where it is legal to skateboard. It is a beautiful place, very functional. There is no place on earth like Juneau Alaska. There are a few kids who are troublemakers on skateboards but the majority just want to skate. He does not think that tourists are in conflict with skaters. Often times they stop to ask directions, questions or ask us to take their pictures. He is a member of the Renninger Park decision making board and to their knowledge, in the last two years only one bench has been repaired or replaced and that bench was moved to the skate park. He loves skateboarding, a lot of people do, and it is a recreational sport.

Mr. Garrett brought up the other issue of skateboarding down by the Fisherman’s Memorial, down past the tram. He asked Mr. Ward if there would be concern in the skateboard community about prohibiting skateboarding in that area. Mr. Ward did not know that area was being considered to be prohibited. The only place he knows where it is legal to skate downtown is Marine Park or down the end of Main Street on the sidewalk toward the Valley.

Ms. Hagevig was glad that Mr. Ward came to the meeting. She appreciates the fact that the board is working on some of the governance issues with regards to skateboarding and management of the Renninger Park. She asked if the membership of the board has taken a look at any other alternatives for a downtown area that would be acceptable for skateboarding. She mentioned Cope Park, the Teen Center or suggested that currently they are developing a park close to Capital School and now might be a good opportunity to work something out with development. Mr. Ward said they have come up with ideas and he has spoken at length with an Officer about some possibilities. One idea that was very appealing was the National Guard building which will be vacated when that business moves. He understands that with all the money put up for the skatepark in the Valley, there will be a long wait before more money will become available. Ms. Hagevig asked for a quick assessment of how successful he thought the Renninger Park was. Mr. Ward thought it was being used way more than was anticipated; the park is a huge success. His only regret on the park is that it is not open later. Kids who are skating are not making any trouble and it is only open until 10, even on the weekends. Ms. Hagevig asked if there were any plans for it being open later during the summer. Mr. Ward said they have started discussions and he is not sure of the process that the board will have to go through.

Mayor Egan stated he drove by the Renninger Park on Saturday and he thanked Mr. Ward that someone was monitoring it; everyone had protective gear on.

Jack Marchant, 230 S. Franklin, #705. He testified that he is a local skateboard enthusiast and he has been skating for 10 years. He has shared the park with everyone and he has always been real safe and considerate. There are always inconsiderate people who will blow it but he doesn’t think it should be ruined for everyone. Although skating is more aggressive, they should be allowed to skate in the park. He agreed with the comment about the tourist industry. He resents the industry asking him not to use the park because it is too dangerous. The Renninger Park is a huge success and it is not short of a miracle. He has been kicked out of just about every parking lot in town for skateboarding and he thinks the Renninger Park is being used very well, it is a great thing, but he does not feel they can be confined there, it is not the solution to Marine Park. He is in agreement with the ban on skating in the Fisherman’s Memorial. He does not know who would have a problem with not skating there.

Andy Pittman, 173 Behrends Avenue, testified he lives by the High School and he does not think they should ban skating in Marine Park. He is 15 years old and he cannot drive on his own. He cannot make it out to the Renninger Park and cannot afford a helmet as required by the park. He skates at the Marine Park, it is a gathering place to have fun. He stated he has never skated at the Memorial and thought it was very disrespectful to skate there. To ban skating there would be a compromise to Marine Park.

Don Habeger, 4942 Steelhead Street, commented that they are concerned about safety with pedestrians, be they tourists or locals. He has received in the past, comments that someone felt their safety compromised. A letter from the Hotel Manager was passed on.

Ms. Muñoz asked about the letter from the Carnival Cruise, the letter cites skateboarding activities. There is an attachment to it and they are cards that each of the cruise line passengers fill out at the end of their trip. Of the attached letters, there is only one reference to skateboarders. Most of the references are to drunk people in the park. She thinks there was a slight miss-representation in this letter and the attachments that followed.

Mr. Perkins agreed with Ms. Muñoz’s comments. Under the letterhead of Carnival, it goes on to say that "they realize they are visitors and these are locals using their home grounds, however when we are dealing with crowds, a certain amount of crown control must be utilized. Even if just some yellow saw horses or roping off of the areas as applied, then our passengers would be put on notice to walk around and avoid the skateboard area." He asked for an explanation. Mr. Habeger ventured to guess it may mean the ramp area that is next to the library parking garage. That is the major through fare for pedestrians and is attractive to skateboarders because of the incline nature there. He is not certain that the frontage area is a problem. Ms. Muñoz added that there is a point of disembarkation where the cruise ship comes. There is a ramp that comes down and then there is a concrete path that parallels the parking garage and library. Mr. Habeger said the open area by the library, where Patsy Ann is, is about the only place to put a gangway.

Mr. Garrett asked if this was only an issue when a ship is tied up at the steamship dock. Mr. Habeger said yes. Mr. Garrett clarified that if there is only one ship in port, they are typically docking at the cruise terminal. Mr. Habeger indicated yes, the new ramp that they have is now the preferred dock because of handicap issues. Mr. Garrett asked if it would be satisfactory if there was a provision that restricted skateboarding only when there is a ship at the steamship dock. Mr. Habeger thought that would be something for the Assembly to hash out. Mr. Habeger suggested a simple solution may be to restrict the wooden platform.

Bruce Weyhraul, P.O. Box 20092, Oresident Alaska Commercial Fisherman’s Memorial in Juneau. They support the provision of the proposed ordinance, which reads no person may operate within six feet of the Fisherman’s Memorial. They do not take a position on Marine Park; a distinction had been made between the Marine Park and the Fisherman’s Memorial. He provided information on skateboarding around the memorial. The Memorial recently received a gift from a Wrangell Family, to put a railing on the Memorial. There has been some skateboard use that has damaged the granite, which is very expensive, and the engraver was asked to remove some of the oil and black marks on the rail. The stains will always be on the granite and there are chips. One of the board members had volunteered to build the Renninger Park as a way to protect their investment. There has been landscaping done and that place may be reasonably placed off limits to skateboarding.

Milt Barker, 206 ˝ 7th Street, testified that he has never felt threatened by a skateboarder. He frequently has lunch in Marine Park and walk through there. There is risk to everything and he recalled that the city successfully negotiated with the Coast Guard to forestall the regulations that they were talking about which would have kept the public off the cruise ship docks all together. He thought the city should do the same thing to preserve the use of Marine Park for skateboarders. He referred to his letter, which states he does not think the information submitted by the Port Advisory Committee is much of a basis at all for banning skateboarding; they don’t really suggest that. He inquired of Parks and Rec. if they had any record of accidents involving skateboarders and they were not aware of any. He felt if there was a problem or risk, it should be significantly less this year now that there is a skatepark. He felt that the skatepark was not part of a package deal with a ban in Marine Park. If it were, the reaction of a lot of people might have been a lot different.

Shiela Nickerson, 540 W. 10th Street, testified she is opposed to the proposed restriction on skateboarding in Marine Park for many reasons. It is simply not necessary. She does not know of anyone concerned about this matter except those representing the tourist industry. She thought it was a proposal that was very unfriendly to the young people of Juneau. The problem is more bicyclists. She spends a great deal of time walking downtown and she finds that in the summer she spends a great deal of time avoiding bicyclists. One day last summer she asked a police officer why there were bikes all over the sidewalk and he said in essence the force is not big enough to chase them down. There is also the problem of inebriation. Before picking on skateboarders in Marine Park, she suggested backing way up and looking at the whole issue to see what is necessary for general use. How can we all make use of limited space.

Marjorie Hamburger, 215 Gastineau Avenue, her house over looks Marine Park and she and her family spend a great deal of time there. She works at the Public Library and walks almost daily through the park. She has never had any problem with skateboarders, never felt threatened by them or asked to move out of the way. She and her son go down to watch them and it is a great deal of enjoyment for them in their use of the park. She is concerned, raising two young children in town, that if the city is going to be doing things that will limit space for the children, she wants to be sure there is places downtown for her kids to be able to go. She agrees this is turning into a town people vs. a visitor type of question. The only people who have presented anything, who are town people, are those concerned about the Fisherman’s Memorial. She can understand their concerns. Everything else has indicated to her that this resolution favors the tourist concerns instead of the taxpayers.

Peter Otsea, 215 Gastineau Avenue, testified that he brings his children down to the park and has never had any problem with the skaters. He asked who was concerned here and stated it sounds like it is a small group, the cruise ship industry; it does not sound like too many Juneau residents are terribly concerned. He added that the kids that are down there are behaving pretty well. There may be a little bit of damage but if there is, it is possibly inconsequential. His feeling is that these kids are being discriminated against. These are adolescents and to him they are behaving in a good manner. To tell them that they are not welcome would not be an appropriate message. The park is a place for people to get together and socialize. They are socializing in a good way.

R E C E S S

8:34 p.m. – 8:47 p.m.

Assembly Action:

MOTION - by MacKinnon to move Ordinance 98-14 for the purpose of amendment. The amendment would be on page 1, line 14, (B. 1.), to replace line B.1. with a new B.1. .saying a skateboard, within six feet of the Fisherman’s Memorial, or at any time a ship is moored at the steamship dock in Marine Park, which for purposes of this section shall be defined as the area bounded by the Marine Park parking garage and the north side of the adjacent transit shelter and the steamship dock itself.

Mr. MacKinnon stated the intent was to take care of while ships are moored at the area there, there will not be any skateboarding activity on that ramp. He asked for language that would take care of the planked portion of the steamship dock.

Mr. Powell agreed with the amendment. He added that the city should not penalize the majority for what a few do down there. This is a good compromise still allowing skateboarders to enjoy themselves. He understands there is other places downtown where one can skateboard, but this is a primo place. It is important that this use be continued. He asked Mr. Corso if this would be the best place to put the definition of Marine Park or if it should be put right in the ordinance itself.

Mr. Corso said it may be useful at some future time to define Marine Park in some other way for some other purpose. Putting it in this ordinance means this is Marine Park just for skateboarding purposes.

Mr. Koelsch thought this was being categorized as only a tourism issue. He has heard from people who have stepped out of the entrance to the library and almost been nailed by a skateboarder. He thought if there was some way to keep that area from harms way it would be very important to do that. He thinks that it is very important to pay respect to the Fisherman’s Memorial. He added there are other places to skateboard: at Cope Park and the Teen club and even at the High School parking lot. It is not totally out in the Valley or nothing, there are options. His concerns are centered on keeping people out of harms way and also respect for the Memorial.

Ms. Hagevig has had a number of concerns about this issue. She does not think it appropriate to make it a concern between the tourists industry and the locals. She has been very concerned about liability and safety issues. She had asked Mr. Corso for input and what the CBJ’s liability might be in the case of a serious accident. He has assured her that we cannot anticipate every risk and that to legislate for every possible risk is probably not something that is within our purview. Mr. Corso agreed that the liability is essentially the same as it is for accidents on city streets or sidewalks. The city has the responsibility to keep them smooth, straight, clean and safe but generally it is not liable for the acts of third parties.

Ms. Hagevig completely supported any issue with respect to the use of the Fisherman’s Memorial and she was very impressed with the students who came and spoke this evening. She is glad to know there is a student advisory board in place for the governance of the Renninger Park. She spoke with them during the break and asked if they would consider adding to the scope of the work they are doing and take a look at the total downtown area; disbursing the total impact in the downtown area so that there are more places for kids to skateboard in the various downtown neighborhoods in addition to the facility that has been build with a lot of community input and support in the Valley. She supported the amendment as put forth by Mr. MacKinnon.

Mr. Garrett asked if it was legal for people to drink in Marine Park. Mr. MacKinnon indicated that it is posted. Mr. Garrett clarified there is a law that makes it illegal, it is posted clearly, it is right across the street from the police station and people still do it. It is unfortunate that there are all sorts of people who do all sorts of activities who do a fine job of it and then there's a few people at any given moment who mess it up for everyone else. You cannot legislate that kind of behavior out of existence and there certainly are not enough police officers. He agrees that Mr. MacKinnon’s amendment is a pretty good compromise but he thinks that there are other more substantial issues that need to be resolved.

Ms. Hagevig asked if Mr. MacKinnon’s amendment included the other end of Marine Park, down toward the bandstand. She clarified that would be open to skateboarders at all times.

Mr. Palmer suggested that for definition it could say any area within 30 feet of the parking garage structure. The bus shelter may last forever but it may not and you may loose your point of reference. The ramp and the wooden structure on the dock is further than 30 feet from the building.

Mr. Corso clarified the amendment would read B. may not operate 1. a skateboard within six feet of the Fisherman’s Memorial or, at any time a ship is moored at the steamship dock, upon any planked surface in Marine Park which for purposes of this section shall be defined as the area bounded by the Marine Park parking garage and the North side of the adjacent transit shelter.

Mr. MacKinnon said it is not just planked surfaces. Mr. Kibby thought it should say east side. Mr. Corso asked if there needed to be any reference to planked surfaces. Mr. MacKinnon said there are planked surfaces between the parking garage and the bus station and it would be prohibited there. Mayor Egan suggested it say on the Marine Park side of the Parking Garage.

There being no objection to the amendment, it was so ordered.

There being no objection to the main motion as amended, it was so ordered.

3. Ordinance No. 97-17 (AV)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $203,438 FOR THE NORTH TERMINAL ACCESS REHABILITATION AND ACQUISITION OF SECURITY ACCESS CONTROL SYSTEM. SUCH FUNDS, $196,875, PROVIDED BY THE FEDERAL AVIATION ADMINISTRAITON AND $6,563, BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.

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

Public Participation: None

Assembly Action:

MOTION - by Hagevig, to adopt ordinance 97-17 (AV), and she asked unanimous consent. There being no objection, it was so ordered.

4. Ordinance No. 97-17 (AW)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $19,000 FOR GRANTS TO OFFSET WATER AND WASTEWATER CHARGES FOR THE AWARE SHELTER, THE GLORY HOLE, AND THE EMERGENCY HOUSING UNIT AT ST. VINCENT DePAUL. SUCH FUNDS $5,500, PROVIDED BY THE WATER FUND RETAINED EARNINGS AND $13,500 PROVIDED BY THE SEWER FUND RETAINED EARNINGS.

Administrative Report: Attached. As this was a policy decision by the Assembly, the Manager had no recommendation.

Public Participation:

Dan Austin, 1728 Glacier Avenue, General Manager for St. Vincent DePaul. He thanked the Assembly for considering this ordinance and he offered three reasons to adopt the ordinance. First, the St. Vincent DePaul Family Transitional Shelter as well as the Glory Hole and the AWARE Shelter have experienced increases in expenses over the last several years. Theirs are due the increased facility. Within a month, they will have 25 family units in their shelter. They had to employ a full time permanent resident shelter manager. Secondly, for whatever reasons, over the last six months, all three agencies have experienced an increase in demand for services. Their increase in demand for food baskets is 40 percent over what it was six months ago. They have seen the same kind of increase in demand for rental assistance and utility assistance. Thirdly, the money that they would save in their water and sewer expenses every month, which currently amounts to around $500-600, every cent of that would be freed up to go over the counter in direct assistance to needy individuals and families in Juneau.

Mr. Powell asked about the article in the paper which reference the Food Bank running low on food. He asked what the cause of that may be, if there was any data or surveys. Mr. Austin said it was hard to say and he would not want to generalize. He thought one thing is that there have been changes in ATAP as opposed to AFDC, which have had some impact on individuals. Mr. Powell clarified that changes in federal and state programs have left these agencies to pick up the pieces. He asked if this was going to increase. Mr. Austin said it has every indication of increasing. They have been fortunate enough within the last three months to receive a state emergency shelter grant in the sum of $21,000. They spent that within the first six weeks in addition to their normal $20-30,000 a year that is put out in rental assistance. Part of it is seasonal. Mr. Powell asked if the major change in some of the federal programs last year may be causing this or if it has been a trend over the last three years or so. Mr. Austin thought it was building, the State Welfare Reform was initiated as a five-year phase in period. Now we are beginning to see the impacts.

Mike Miller, 3260 Douglas Highway, Board of Directors for the Glory Hole. Thanked the Assembly for their help individually and collectively. He thanked the Finance Committee for bringing this matter before the full body. The Glory Hole desperately needs this assistance. There is a high public purpose for this type of appropriation. Just as money is appropriated to the Police Dept. for public safety, the Glory Hole has a very high public safety element to it. Public inebriation has gone down since the Glory Hole has been in existence. The Glory Hole is not just a nice charity. This is one of the most efficiently run organizations that he has ever had any association with. The staff are paid on a very modest scale and their paycheck has occasionally been late. They utilize volunteers and there are not any more economies they can find. Their water bill alone is $800 this month. That comes from serving 17,772 meals to date. It takes that much water to wash that many dishes and provide showers for those individuals and do laundry so these individuals can be clean and presentable when looking for work.

Mr. Powell asked about the regular volunteer’s contribution of food. He asked what part of the budget is made out of contributions of food from the community to the Glory Hole. Mr. Miller could not give that answer. He agreed there is a lot more contributions than time, most churches include all the food that is needed for a meal.

Mr. Perkins said the Downtown Rotary serves a brunch once a month and sometimes, if they don’t have everything they need, they use things from the pantry. It is a cooperative effort and everybody pitches in.

Annette Cogins, 1303 Tarn Court, Executive Director of the AWARE shelter. She testified that this year AWARE celebrates its 20th year of providing a safe haven for victims of domestic violence and assault, last fiscal year, AWARE provided services to 965 different individuals; 5,601 shelter nights to 132 women and 120 children. Over the past years, the shelter nights have remained constant but requests for their other services has increased each year. In addition, the cost of providing those services has increased. AWARE’s CBJ utility bill increased 72 percent since FY94 when they hooked into city water. During that same time period, their total expenses increased 8 percent while their revenues decreased 9 percent. The decreased revenues is from the state revenue sharing bonds which have decreased 32 percent in the last five years. These funds have been their primary source for capital operating expenses. The committed board of directors and staff work hard at fund raising so that needed services don’t have to be cut. This ordinance will greatly help them reduce additional costs and focus their efforts on providing the best service possible. She invited all Assemblymembers to attend the Community meeting on domestic violence, sponsored by the Juneau Domestic violence task force, on June 4, at DZ Middle School. The keynote speaker will be Casey Gwen.

Assembly Action:

MOTION - by Perkins, to move ordinance 97-17 (AW), and he asked unanimous consent.

Mr. MacKinnon asked if these agencies would have to come in and apply for this grant annually as there is nothing in this ordinance that extends it more than one year. He asked Mr. Corso if there was something that could be put in that would make this issue come up again at finance. His concern is that in a year or two it may slip through the cracks. Mr. Corso would need to speak with the Director of Finance but he said typically it is difficult for the Assembly to bind future Assembly’s. Mr. MacKinnon only wanted it to be flagged in some way. Mr. Perkins asked if it would be appropriate to put it as a grant item in the budget during the budget process. Mr. Palmer said it could be included in their water bill. They will continue to get a water bill every month showing a credit for the charges.

There being no objection to motion, it was so ordered.

 

5. Ordinance No. 97-17 (AX)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $3,900,000, FOR THE PURCHASE OF LAND LOCATED AT LENA POINT. SUCH FUNDS, $1,160,000, PROVIDED BY THE U.S. DEPARTMENT OF AGRICULTURE SOUTHEAST ALAKSA ECONOMIC RELIEF FUNDS (SAEF), $170,000, FROM INTEREST EARNED ON THE SAEF FUNDS AND $2,570,000, FROM THE SALES TAX BUDGET RESERVE.

Administrative Report: Attached. The Manager recommended that this ordinance be adopted. He added that it is necessary to appropriate the money now so that NOAA is assured that the site is secure and that the money is ready to go in the event construction money comes through from Congress. With that assurance, NOAA has informed Mr. Palmer that they will proceed with the design of the building.

Public Participation: None

Assembly Action:

MOTION - by Muñoz, for the purpose of discussion.

Ms. Muñoz asked if the option price of $100,000 would be taken off the purchase price if the city exercises its option. Mr. Palmer said yes, the CBJ has already paid $100,000 for the option and that will be credited against the purchase price.

Mr. Powell commented that as soon as this is done, he would like to see a letter to them to make it loud and clear that this is going through. He asked Mr. Palmer his action plan assuming this ordinance passes. Mr. Palmer said once the ordinance is passed, they will be sure to let NOAA and Senator Steven’s office know. Mr. Palmer will send out a formal letter.

Mr. MacKinnon commented that this is hopefully the end of a lot of effort that members and staff have put in. He was a little disappointed there was no one from NOAA in the audience for this $4M city appropriation.

There being no objection, the ordinance was adopted.

  1. UNFINISHED BUSINESS

    1. Certificate of Public Convenience & Necessity:

Erlinda’s Gift Shoppe

ERLINDA A. & JOSE S. FERRER, DBA ERLINDA’S GIFT SHOPPE, HAVE FILED AN APPLICATION FOR A FOR-HIRE VEHICLE CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY TO OPERATE A VAN SERVICE WITH ONE AUTHORIZED VEHICLE.

Administrative Report: Attached. The Manager recommended that the Assembly make a finding that Erlinda A. & Jose S. Ferrer, d/b/a, Erlinda’s Gift Shoppe, are fit, willing, and able to perform such public transportation as they have proposed in their application, and that the municipal clerk be directed to issue a certificate to the applicants upon satisfactory evidence of compliance with the applicable provisions of Chapter 20.40.

Public Testimony:

Shane Williams, Chairman of JIDA, testified that they are in opposition of this permit. It still does not have a staging permit issued from the chief of police allowing them to stage on curb side city streets. This would be required or they will be double-parking in the highest traffic zone in downtown Juneau in the middle of summer to pick up people. That is unacceptable. Under this permit, there still is a color discrepancy. He cited ordinance 20.40.120( c) and said they would like to stop the problem before it happens. The burgundy color is a match to Taku Taxi and Taku Taxi has been in business for over 40 years and have had that color scheme for 4 and a half years. On this permit, they are going to be using city sidewalks to address solicitations and to discharge passengers. He cited ordinance 20.40.260(a). They believe the permit holders and the drivers will probably be soliciting with complete disregard for the ordinance. They have not addressed this. Even he cannot do that under his permit. If these seasonal permits are allowed to be brought forward to the Assembly without clarity in their application, and if allowances are made so that they can address this fully before they come to the Assembly, then everyone will be spinning their wheels. The only enforcement area within the ordinance addresses chapter enforcement, which he read. He said the police department has told him to go to the City Clerks office and the Clerk’s office says they have a file. They completely and without a doubt feel this permit should not be issued without these other additional permits and information being provided to the Assembly and other business operators in Juneau.

Jose Ferrer, representing Erlinda’s Gift Shoppe located on S. Franklin. The primary concern of Mr. Williams is the color scheme. He understands that Mr. Williams thinks this may confuse the public because they are using a similar shade. The only confusion there is if one or two operator has the same color. He submitted a copy of his color and said it is different. It could not be confused by the public. They have different color and different striping. They are not violating anything, Mr. Williams is just anticipating it. They have a route in the application and he is not foolish enough to pick up anyone that is not at Erlinda’s or to stay there too long. Just the regular time to load or unload. He does not know or understand why some people are opposing this. The Assembly could deny the application if they find that he does no qualify. The police department issued him a license because they found him to be capable of driving.

Ms. Muñoz asked if the photos that he passed around are of the vehicle that will be operating. Mr. Ferrer indicated yes, they have only one vehicle and it is different from all vans for hire in Juneau, it can easily be distinguished from others. Ms. Muñoz pointed out that it was a very distinct vehicle.

Ms. Muñoz asked if a staging area was a requirement of the current code ordinance. Mr. Corso confirmed that there is no requirement for a staging area for vans. Ms. Miller said the application asks "terminal, if any" and that is not an area that the municipal clerk has enforced or worked on. Her office tell the applicant that they should check with the Community Development Department to make sure that their terminal or depot is located within the proper zoning area. Mr. Corso added that there is a prohibition on soliciting from another vehicle company’s stand, if that other vehicle company has one.

Ms. Muñoz asked if in the present rewrite, it will include staging for courtesy vehicles as one of the issues. Ms. Miller said that is one of the issues that will be addressed, not just for courtesy vehicles.

Mr. Perkins asked Mr. Corso what was the exiting ordinance regarding denying a person that wants a ride if they are just on the street and not a crewmember or identified group. Ms. Miller said that would be considered flag stop and that is only allowed by taxicabs. As a shuttle, the applicant should have designated scheduled stops. Mr. Perkins asked if he was at one of the designated stops, could he be denied a ride. Mr. Corso said the present code does not have very much in terms of activity regulation. Most of the limitations are contained in the definitions of each kind of vehicle. The definition of a van is "an operation providing limited hour, chartered service, scheduled service or both in a vehicle or vehicles carrying a maximum 14 passengers per vehicle." A taxicab is "an operation providing 24-hour telephone and flag stop service in a vehicle or vehicles carrying a maximum of seven passengers per vehicles." Ms. Miller thought the Asst. City Attorney had been working on regulations that state you cannot refuse a fare and she assumed that would apply to all for hires.

Mr. Perkins thought the van almost looked like a mini recreation vehicle and he was concerned if there was a safety issue with that large of windows.

Mayor Egan asked if the van was located in Juneau. Mr. Ferrer said the van was used when he went to Palm Springs. He said the color scheme was not to confuse people. He knows the color scheme is different.

Mr. Koelsch verified that Erlinda’s was across from the parking garage and that all tours would be started there. Mr. Ferrer said he called Princess Dock to see if he could pick up and they said no, he talked to Mr. Graham and he said if the city will give him a permit, upon receipt of the fees, he will give him a loading permit. He has capacity of only seven or eight passengers so it will not take him five minutes to load. Mr. Koelsch asked if that was designated a loading zone and how could he start there. Mr. Palmer said there was no loading zone there. Ms. Miller said he is thinking he will be using the bus loading zone. She had told him that he would need to talk to Public Works about using a bus loading zone.

Ms. Miller clarified that applications come through the Municipals Clerks office and they accept them and forward them to the Assembly. When an application comes in, they tell them that there are various places they will need to go. She advised this applicant he would need to speak with Mr. Graham and that he could not select the Princess dock as one of his routes without checking with Princess.

Mr. Powell asked where the recommendation regarding the loading zone and schedule came from. Ms. Miller stated the Municipal Clerk does not decide where the loading zone is, they only take the information and advise people where they will need to go; enforcement is handled through the Police Department. That is why this code is being rewritten for clarification.

Mr. Corso said there is not a lot to work within the ordinance. The Assembly has the general ability to promote the general health, welfare, morality and safety and the such. Color schemes are specified but in terms of loading zones, routes and hours of operation, the ordinance is silent.

Mr. Ferrer referred to Mr. Perkins comment regarding denying him to load. He said this is Erlinda’s Crew Shuttle Service and he asked if he could just remove the word crew and give anyone a ride. Mayor Egan wanted the word crew to remain.

Mr. Perkins told him that because of the work that is currently going on in the rewrite, there is a misunderstanding about whether or not you could deny anyone. If you were to take the word crew off, his concern would be that you may become a seasonal taxicab. There are established cab services in the community year round and he is not sure, by allowing this one to go through, it will open the floodgates for a bunch of seasonal shuttle services. There is only so much that can go around within the shuttle/taxi provider.

Mr. Ferrer said that if he will be seasonal here, he could be here all year round. There are a lot of taxicabs here in the winter and this will not create a shortage.

Ms. Muñoz commented that there does seem to be a proliferation of various transportation services and one of the reasons that the rewrite is being done is to make the ordinance clear enough so there is protection for year round industry. Year round industry needs to operate by the revenues that they gain during the summer months. She asked if there was anything in the current code that would allow the Assembly to prevent this application. Ms. Miller thought there was nothing in the current code that would allows the city to prevent this application. She added that right now there is not even a definition of shuttle, what is defined is van service.

Assembly Action

MOTION – by MacKinnon that the Assembly adopt the finding that Erlinda’s Gift Shoppe are fit, willing, and able to perform such public transportation as they have proposed in their application.

Mr. MacKinnon said there is nothing in the ordinance that says we can turn this down. It is not our job to regulate the number of businesses out there. The market ought to take care of that. We are going through a rewrite of this ordinance and it will hopefully take care of these problems.

There being no objection to the motion, it was so ordered.

Mr. Corso said he would prepare written findings which includes a reminder that the certificate is not automatically renewed, but is subject to renewal by the Clerk and may be affected by the adoption of the new taxi code.

  1. NEW BUSINESS - None
  2. R E C E S S

    9:58 p.m. – 10:07 p.m.

  3. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items

1. Scheduling Hearing of Resolution No. 1930, Confirmation of Assessment Roll for Local Improvement District No. 82.

Administrative Report: Attached. The Manager recommended that the Assembly schedule Resolution No. 1930 for public hearing on June 1, 1998.

Public Testimony: None

Assembly Action:

MOTION - by Kibby, for the Assembly to schedule Resolution No. 1930 for public hearing on June 1, 1998 . There being no objection, it was so ordered.

B. Manager’s Report - Information Items

    1. City Manager’s Quarterly Report to the Assembly: January – March, 1998.
    2. Central Treasury Investments Report: for quarter ending March 31, 1998.

Administrative Report: Both reports were included in the packet and Mr. Palmer stated he had nothing to add.

C. Attorney’s Report

1. Law Department’s Quarterly Report to the Assembly: January – March 1998.

Administrative Report: The report was included in the packet and Mr. Corso stated he had nothing to add.

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS - None
  2. A. Revised Pending Items

  3. COMMITTEE REPORTS ON NON-AGENDA ITEMS
  4. A. Committee Reports

    1. Committee of the Whole - Mr. MacKinnon reported there would not be a COW scheduled for next week or the week after.

    2. Finance Committee - Mr. Perkins stated there will be an overview from staff on the Board of Equalization on Wednesday at 5 p.m.

    3. Committee on Committees - Mr. Powell had the following names to move forward for conformation to the following boards:

    MOTION – by Powell, to confirm the appointment of Kimberly Poole, Sarah J. Felix, Ernestine H. Hayes, and Jason Z. Nelson to the Juneau Human Rights Commission. There being no objection, it was so ordered. Mr. Powell added that there is still one vacancy on this board.

    Ms. Miller stated on Wednesday, at noon in room 211 they will be considering the Planning Commission candidates.

    MOTION – by Powell, to confirm the appointment of Elanor Vinson and Ernistine H. Hayes to the Juneau Women’s Council. There being no objection, it was so ordered.

    4. Human Resources Committee - Ms. Muñoz said there will be a meeting on the 18th to review the draft ordinance of the commercial vehicle code.

    5. Lands & Resources Committee - Mr. Kibby had nothing to report at this time.

    6. Public Works & Facilities Committee - Mr. Garrett said there was a meeting scheduled on the 13th to review the Sales Tax CIP.

    7. Strategic Policy Committee - Ms. Hagevig had nothing to report at this time.

    B. Board Liaison Reports

    Mayor Egan stated the Alaska Committee will meet at 7:30 a.m. this Wednesday in the JEDC Conference Room. In addition, there is a delegation meeting at 7 in the Chambers.

  5. ASSEMBLY COMMENTS AND QUESTIONS
  6. Mr. Koelsch said he had a request from a resident of Behrends Avenue who was concerned about students loitering on private property there. It is becoming a problem before school, at lunchtime and right after school. Mr. Palmer said the Police Department will step up the patrol in that area.

    Ms. Muñoz requested a reply to Mr. Dunn’s letter. She said that she received a complaint about tram noise. She also said that the letters that were received from the JIDA, which were handed out at the beginning of the meeting, suggesting suspension and revocation of two permits, she thought those operators should be given the opportunity to come in and respond before any action was taken. Mayor Egan said that Island Waterways will be at the next meeting under non-agenda items. Ms. Muñoz said that she heard that the PRAC recommended that the Pt. Stephens land not be subdivided.

    Ms. Hagevig reminded all that Juneau is hosting the Western Interstate Region meeting of the National Association of Counties the 20-23rd of May. She hoped many members of the Assembly would be available to participate as much as possible. Ms. Miller will have registration forms.

    Mr. Garrett asked if there was a process the Assembly would follow with regard to these specific complaints by the JIDA. Ms. Muñoz said that Island Waterways feels that they have answers to all the claims and they should be given a chance to respond. Regarding the other operator, she recommended they be contacted to afford them the same opportunity.

    Mr. Corso said the revocation of a for-hire certificate of public convenience and necessity is a matter of concern for the people who own it and can only be taken from them after due process of law. There is no specified procedure in the ordinance, but an orderly way to proceed would be to have the Clerk determine whether there is any substance, or reason to believe the matter should be brought to the Assembly. The Clerk would then make a report to the Assembly one way or the other. If the Assembly decided on the basis of the Clerk’s report that there is some reason to proceed with the revocation hearing, then the owners of the certificates would be given reasonable notice in writing and told the nature of the charges against them and they could prepare to defend their permit. That is what he recommended.

    Mr. Garrett said that Chris Burns has come up with great discussion groups on the Internet and he urged all to take a look at the discussions on the Pt. Stephens project. Mr. Garrett continued that he read that the city is going to invest a bunch of time and energy in evaluating the creation of a fourth tier of schools. He thought it would be really prudent for there to be some quantitative research conducted in the city to find out if the citizens of Juneau, at large, feel that way before investing a lot of time and energy into studying it. He said the process that has been following on planning the High School is a pretty good inclusive process that had a lot of input but at its heart it is a self-selected focus group. People turn out because they have an interest in it; it is not a scientific sampling at all of the communities opinion and the results should only be taken in balance with, what can be for the scope of this project, an inexpensive scientific survey to find out what the community feels. There has been an excellent amount of work done to define what a good survey would look like but for a few thousand dollars a public opinion research firm could be hired to go out and validate some of the suggestions that have come out of these group meetings. Before making huge commitments of consultant’s time evaluating some interest idea like this, we ought to go out and test it. He suggested the High School Board discuss.

    Ms. Hagevig asked where Mr. Garrett would recommend the funding source for this come from. It is her understanding that at this point, the money that has been appropriated to pay the consultant has been committed. She thought he made a very valid observation and she stated there was excellent attendance at Centennial Hall; it was a very good sampling across the Community. If this Assembly wants a scientific study to occur, then our direction to the School Board needs to be real clear. Mr. Garrett did not think it would be a problem finding the money for this study. He did not discount the work that was done at the meeting and thinks it was very valuable, valid work helping the community wrestle with an issue that a lot of people outside of the school district committee and Assembly haven’t spent as much time thinking about.

    Mr. Powell wanted to compliment Mr. Graham and the people on the Harbor Board for all the stuff happening over there. The restroom is finally in place and things are happening. They have taken an action on fees and they are cleaning up their bylaws. He then commented that there were over 250 people at the public meeting regarding the High School and he feels pretty good about the input that was given and that it represented the Community. It may be a good idea to compliment that with the survey.

    Mr. MacKinnon said the school was not an idea that came from the consultant, it was the opinion of most of the people at the meeting. He asked Mr. Palmer if the unappropriated general fund balance seems to be about $296,765 off, the final balance does not add up right. He commented that this was an unusual meeting in that there was a $3.9M appropriation to buy a piece of land and no one from NOAA was here, then in another month we will pass a $140M budget and there probably will be no public testimony on it, yet two issues, cabs and skateboards brings everyone out.

    Mayor Egan thanked the Friends of the Flags people for getting the flags up. He asked that all the construction on S. Franklin Street be cleaned up before the cruise ship arrives on Wednesday. Mr. Palmer said that it is not cleared off yet but the contractor is working on it.

    MOTION – by Hagevig, to postpone the evaluation of Mr. Palmer until immediately following the Finance Committee on Wednesday. There being no objection, it was so ordered.

    Ms. Hagevig thought it real important to have the full Assembly at the Wednesday meeting and she suggested rescheduling that meeting to accommodate the Mayor. The meeting for selecting the new Planning Commissioner was scheduled for next Monday at noon.

  7. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  8. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 10:30 p.m.

 

Signed: ________________________________

Mayor Egan

 

Countersigned: ________________________________

Marian Miller, Clerk