THE CITY AND BOROUGH OF JUNEAU, ALASKA

JUNE 1, 1998

MEETING NO. 98-20: 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 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: Garrett, Kibby, MacKinnon, Perkins, Powell, Egan, Hagevig, Muñoz, and Koelsch

    Assembly Absent: none

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Donna Pierce, Deputy City Manager; Merrill Sanford, (retired) District Fire Chief; Cheryl Easterwood, CDD Director; Kim Kiefer, Acting Parks and Rec. Director; Myiia Whistler; Carol McCabe, Librarian; Roger Healy, Engineering; Joe Buck, Engineering Director; Dave Miller, Airport Manager; Gary Mendivil, Business Manager, Eaglecrest; Joe Graham, Port Director.

  5. APPROVAL OF MINUTES

    1. 04/06/98 - Regular Meeting No. 98-11
    2. 04/20/98 – Regular Meeting No. 98-12
    3. 04/29/98 – Special Meeting No. 98-13
    4. 05/11/98 – Board of Equalization Meeting, No. 98-17

MOTION - by Kibby to approve the minutes of Regular Meeting No. 98-11, held April 6, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

MOTION - by Kibby to approve the minutes of Regular Meeting No. 98-12, held April 20, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

MOTION - by Kibby to approve the minutes of Regular Meeting No. 98-13, held April 29, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

MOTION - by Kibby to approve the minutes of the Board of Equalization Meeting No. 98-17, held May 11, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

SPECIAL ORDER OF BUSINESS

    1. Merrill A. Sanford - Proclamation in Honor of Retirement from Capital City Fire/Rescue.
    2. Mayor Egan read the proclamation into the record. It was accepted by Mr. Sanford.

    3. Myiia Whistler, Parks & Recreation: Young Professional Award
    4. Mr. Palmer read the proclamation into the record. It was accepted by Ms. Whistler.

    5. Kimberly Kiefer, Parks & Recreation: Bob Robertson Service Award
    6. Mr. Palmer read the proclamation into the record. It was accepted by Ms. Kiefer.

    7. National Garden Club Week – Proclamation, June 1-7

Mayor Egan read the proclamation into the record. It was accepted by Dawn Ella Crock, Peggie Garrison, Audrey Davidson and Marion Rider.

    1. Resolution No. 1930

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR LID NO. 82 FIXING THE TIME AND METHOD OF PAYMENT OF ASSESSMENTS; SETTING THE DAY OF LEVY; AND FIXING THE TIME OF DELINQUENCY AND THE PENALTIES AND INTEREST THEREFORE.

Administrative Report: Attached. The Manager recommended that the assessment roll be amended to reduce the amount of Mr. Hempel’s assessment to $3,810.00 for Lot 6, Raymond Subdivision, and that this resolution be adopted.

Public Testimony: None

Assembly Action:

MOTION – by Kibby, to adopt Resolution No. 1930 and that the assessment roll be amended to reduced the amount of Mr. Hempel’s assessment to $3,810.00 for Lot 6 of the Raymond Subdivision. There being no objection, it was so ordered.

  1. MANAGER’S REQUEST FOR AGENDA CHANGES - None
  2. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  3. Patrick Owen, 6590 Glacier Highway, #261, Switzer Village, expressed his concern with people’s pets. He said he believes they have a real problem with cats. There is a problem with dogs, but the dog catcher seems to work pretty good with the dogs. The park owners don’t seem to have enough direction from the city on how to deal with the matter of cats. He said he has had cats living under his trailer, tearing his insulation off and using it for bedding. There is an overrun of cats in that area and the park owners have not done anything. He thinks the problem will continue unless the park owner receives better direction from the city.

    Mayor Egan asked if Mr. Owen had contacted the Gastineau Humane Society. Mr. Owen said yes, they have been working together. They told him that the other park owners worked pretty good with traps in the area but Switzer has not done that.

    Ms. Hagevig asked Mr. Corso the order of recourse. Mr. Corso said the Humane Society is a private association that contracts with the city to enforce the ordinances that are written in the city code. They have provisions mostly for dogs, however, all animals are covered. Exactly what is meant by not having enough guidance he is not sure. It may require some permission from the park owner to Gastineau Humane Society to bring its gear and traps on private property.

    Mayor Egan asked Mr. Corso to contact Mr. Owen when he finds out. Mr. Owen pointed out that dogs have to be licensed but there is no licensing for cats right now.

    William P. Dunn, 11435 Glacier Highway, thanked the director of CDD, Ms. Easterwood, for a gracious, informative and complimentary response to his letter regarding the project at Auke Bay Harbor. He appreciated the response although it was a bit slow in coming. He also thanked the Assembly members, Ms. Muñoz, Mr. MacKinnon and Mr. Powell for their assisting him in receiving this reply. Ms. Easterwood began her remarks by stating that he would probably not be any more satisfied than previously on some of her responses for various reasons. She was right, he still has major points of disagreement. Essentially what was allowed to happen should not have happened. Ms. Easterwood did not see that the proposed reexamination of the land use code would come up until the year 2000 and that is a bit long to wait. He appreciated her offer to keep him informed. Another point of concern is that there is still a sign down there that says for lease. He is not sure of what is involved and said that if it is for lease and if it’s for parking, he assumes it’s a commercial venture and it seems there should be some sort of provisions kicking in regarding proposed commercial venture. One of the staff used the term that "he was on a learning curve", in reference to his learning about codes and ordinances and resolutions. More than once, walking the green paths, he discovered that this community has been on a leaning curve despite some errors along the way. Obviously a lot of us are on a learning curve with regards to the preciousness of the natural country that we are blessed with.

    Bill Chisham, 6550 N. Douglas Highway, mention that Governor Knowles has issued a proclamation that this is Alaska Trails Week, and this Saturday is Alaska Trails Day. He extended an invitation to all members of the Assembly to join them at Auke Rec., in the main shelter on Saturday between 3-6 p.m. for the Annual National Trails Day Picnic. He said they would not charge the Assembly members to come in. He added that on Wednesday, Thursday, and Friday, they would be hiking the Douglas Island Trail System, 26.5 miles, a certain portion each day. Parks and Rec. vans will be available to take people to the trailhead each day so there will not be a parking problem in Douglas or at Eaglecrest. There will be a prize offered for who ever finds Super Bear.

  4. CONSENT AGENDA

MOTION - by Garrett, to adopt the Consent Agenda as presented, and he asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

1. Ordinance No. 98-24

AN ORDINANCE AMENDING THE PENAL CODE TO INCREASE THE PENALTY FOR THE OFFENSE OF ASSAULT UPON A PEACE OFFICER, FIRE FIGHTER, OR OTHER EMERGENCY RESPONDER, AND CORRECTING STATUTORY REFERENCES IN PROVISIONS RELATED TO VIOLATIONS OF DOMESTIC VIOLENCE PROTECTIVE ORDERS.

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

    1. Ordinance No. 98-17 (BH)
    2. AN ORDINANCE AUTHORIZING THE MANAGER TO TRANSFER THE SUM OF $12,500 FROM THE MAYFLOWER ISLAND CAUSEWAY CAPITAL PROJECT TO THE MAYOR AND ASSEMBLY’S OPERATING BUDGET FOR A GRANT TO THE GLACIER VALLEY ROTARY CLUB FOR PARK REPAIRS. SUCH FUNDS PROVIDED BY AREAWIDE STREET SALES TAX.

      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 (BI)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $671,667 FOR DESIGN OF THE SNOW REMOVAL EQUIPMENT AND CHEMICAL STORAGE BUILDINGS AT THE JUNEAU INTERNATIONAL AIRPORT. SUCH FUNDS, $650,000, PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION, AND $21,667, PROVIDED BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.

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

B. Transfer Request

    1. Transfer No. T-649: Transfers $15,555 from the Mayflower Island Causeway Repair project (CIP R412-31) to Inebriate Facility Upgrade (CIP SS2-90, $4,631); Juneau Recovery Unit Expansion (CIP D374-19, $3,167); Savikko Park Restroom Repairs (CIP P374-18, $2,914); and, Areawide Capital Projects/Street Sales Tax (CIP Z492-00, $4,843).

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

C. Bid Awards

    1. Contract No. E98-283: Trafalgar Avenue Sewer Improvements, LID No. 83.
    2. Administrative Report: Attached. The Manager recommended award of this project to Bicknell, Inc. in the amount bid, for a total award of $275,786.50.

    3. Contract No. E98-286: Salmon Creek Office building Lobby Addition.

Administrative Report: Attached. The Manager recommended award of this project to Clark Construction Company in the amount bid for the Base bid and Additive Alternate No. 1 for a total award of 190,657.00.

  1. ORDINANCES FOR PUBLIC HEARING
  2. 1. Ordinance No. 97-17 (BB)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $48,600 TO ADJUST BUDGETED LIBRARY GRANTS TO THE ACTUAL GRANT AMOUNTS RECEIVED FOR FY98. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF EDUCATION.

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

    Public Participation: None

    Assembly Action:

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

    2. Ordinance No. 97-17 (BC)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $2,550 AS ADDITIONAL FUNDING FOR PRODUCTION OF A VIDEO ON JUNEAU AREA HISTORY BY THE JUNEAU DOUGLAS CITY MUSEUM. SUCH FUNDS PROVIDED BY DONATIONS.

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

    Public Participation: None

    Assembly Action:

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

    3. Ordinance No. 97-17 (BD)

    AN ORDINANCE DEAPPROPRIATING THE SUM OF $63,000 FROM THE FY98 EAGLECREST VEHICLE REPLACEMENT RESERVE CONTRIBUTION. SUCH FUNDS PROVIDED BY THE EAGLECREST UNRESERVED FUND BALANCE.

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

    Public Participation: None

    Assembly Action:

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

    4. Ordinance No. 97-17 (BE)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $588 FOR THE AIRPORT TAXIWAY RECONSTRUCTION AND PAVING PROJECT. SUCH FUNDS PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION.

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

    Public Participation: None

    Assembly Action:

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

    5. Ordinance No. 97-17 (BF)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $1,957 FOR THE DISTRICT WIDE SCHOOL TECHNOLOGY I PROJECT. SUCH FUNDS PROVIDED BY INTEREST EARNED ON GENERAL OBLIGATION BONDS.

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

    Public Participation: None

    Assembly Action:

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

    6. Ordinance No. 97-17 (BG)

    AN ORDINANCE AUTHORIZING THE MANAGER TO TRANSFER THE SUM OF $35,000 FROM THE WEST VALLEY GREENBELT SITE ACQUISITION CAPITAL PROJECT TO THE PARKS AND RECREATION OPERATING BUDGET FOR A GRANT TO TRAIL MIX, INC. FOR GENERAL AREAWIDE TRAIL MAINTENANCE. SUCH FUNDS PROVIDED BY GENERAL REVENUE.

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

    Public Participation: None

    Assembly Action:

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

  3. UNFINISHED BUSINESS - None
  4. NEW BUSINESS - None
  5. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

    1. Manager’s Report - Action Items – None

B. Manager’s Report - Information Items

1. Status Report: Impact of Cruise Ships on Transit Ridership.

Administrative Report: Attached.

Mr. Garrett noted that cruise ship traffic affects ridership on the Capital Transit and yet between 1992 and 1997, one of our cruise visitors to Juneau doubled but the total number of people riding Capital Transit in the summer stayed the same. Mr. Palmer stated that in the summer the buses are full.

    1. Status Report: Trail Mix, Inc.

Administrative Report: Attached. Mr. Palmer stated he is very impressed with this group. He added that the $35,000 just appropriated for Trail Mix is a good way to show the CBJ's congratulations and support.

Mr. Powell thanked Mr. King and all the other volunteers to this program. It is great that the city is leveraging more resources and users of the trials to pay for the trails.

    1. Attorney’s Report – None. Mr. Corso did suggest that the Assembly reserve a little time at the end of the meeting to discuss with Mr. Tom Baxter, the status of the pending law suit.

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS

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

  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS

A. Committee Reports

1. Committee of the Whole – Mr. MacKinnon said there was a COW scheduled for next Monday with one item on the agenda, that being Design Review.

    1. Finance Committee – Mr. Perkins stated that Wednesday, June 3, there would be a meeting, at 5 p.m., to take up the Social Service block grant recommendations, the final revenue update, sales tax first quarter and the results of the shared revenue and safe communities from state appropriations. He thought the Assembly should be able to wrap up the finance meetings on the 10th to close out the budget. He asked for consideration of a Special Assembly meeting to adopt the budgets on June 12, at noon.
    2. Committee on Committees – Mr. Powell had the following appointment to be confirmed.

MOTION – by Powell, to confirm the appointment of Mr. Dan Bruce to the Planning Commission. There being no objection, it was so ordered.

Mr. Powell thanked Mr. Walt Sheridan and Ms. Nancy Waterman for applying for that position.

Mr. Powell had the following recommendations for appointments:

Juneau International Airport Board: Pete Carlson, Joe Heueisen and Joseph Johnson.

Eaglecrest Ski Area Board of Directors: McKie Campbell, Gary Cuscia, Patrick Harmon.

Juneau Human Rights Commission: Kenneth Hoff.

International Relations Advisory Committee: Keith Axt, Mo Hicks and Woolsey Lent.

Social Services Advisory Board: Laura Rerume; Mr. Powell noted that there are still two opening on this board.

Youth Activities Board: Steven Bradner and Marilyn Iron

4. Human Resources Committee – Ms. Muñoz said the committee would be meeting on June 8th at noon in room 211. They will review a letter from the Legal Department that will clarify issues in the current code. The letter will be sent out to commercial vehicle operators.

Mayor Egan said he has received calls about the curfew ordinance. Ms. Muñoz said that at the time the committee reviewed the curfew ordinance, the Police Department was unable to document that there was an increase in crime during certain hours of the day. In order to adopt an ordinance that could stand up to legal challenge, that information would be very important. Mr. Corso said one of the objectives of the new information system for the Police Department would be to generate the kinds of statistics that would provide a rational basis for a curfew law.

5. Lands & Resources Committee – Mr. Kibby said the Parks and Rec. Advisory Committee, in conjunction with Public Works and the Lands Committee would be hosting a town meeting on Thursday, June 11th at 7 p.m. at DZ regarding recreational harbor improvements brought forward by the PRAC, Eaglecrest and the Harbor Board. They will be looking at those and taking public input and discussing funding solutions for these projects.

6. Public Works & Facilities Committee – Mr. Garrett had nothing to report.

7. Strategic Policy Committee – Ms. Hagevig said there will be a short meeting tomorrow afternoon at 5 p.m. in the CDD Conference Room in the Marine View Building. They will be reviewing the final product from the contractor on the Visioning project.

B. Board Liaison Reports – Mayor Egan said the Alaska Committee would be meeting on Wednesday at 7 a.m. in the JEDC Conference Room.

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Mr. Perkins asked, in reference to Mr. Owens request, that Mr. Palmer check into what the city can do to encourage the owner of Switzer Creek. He though it might just be a misunderstanding about what the owners’ responsibility is.

    Ms. Muñoz said she continues to receive complaints regarding the back up generator and the noise that emanates up to the Gastineau Avenue neighborhood from the tram. Mr. Palmer said there is something broken that needs to be replaced. In the mean time, they have to run the back up generator.

    Ms. Muñoz also stated that the perennial garden at Capital Park is very beautiful and she encouraged all to take a look.

    Ms. Hagevig thanked staff of the Manager’s Office, Clerk’s Office, Centennial Hall and JCBB for all the work they did on behalf of the National Associations of Counties meeting that was held here the week before last. She also thanked the Mayor for all the work he did in soliciting contributions for the host county dinner.

    Mr. Garrett noted in Ms. Easterwood’s response to Mr. Dunn that she made reference to tree clearing under grading permits not being covered. He said this is now the second time in two years that there has been an incidence involving the mass elimination of trees under grading permits. He thought it might be worth having Ms. Easterwood and staff discussing with the Planning Commission, the need for tightening up some of the criteria for grading permits. Mr. Palmer said the grading permit is not designed to protect trees, it is designed to deal with slope stability, erosion and the effects of run off and what may happen as a result of grading. Staff does not regulate the cutting of trees unless the area involves over two acres. It is a policy call on the Assembly’s part if the Assembly wants to change the ordinance to regulate tree cutting. The grading permit happens when clearing occurs but it is not related to the trees. Mr. Garrett said that the only times when citizens have complained about excessive clearing of trees has been under grading permits. Mr. MacKinnon said the standard review for a grading permit are governed under chapter 70 of the Uniform Building Code. That is part of our title 19, which typically is reviewed by the Public Works Committee; it is not in Title 49.

    Mr. Garrett challenged the City Attorney to come up with a general appropriating ordinance that would allow the Assembly to delegate to the Manager, authority to appropriate amounts of money under a certain figure, like $2,500., subject to notifying the Assembly that he had done these things on a quarterly basis, so that the Assembly would be aware of $588 appropriations and $1,700 appropriations rather than having to go through the whole ordinance process. Mr. Corso said that if he can involve or implicate the Finance Director, the process may well be possible.

    Mayor Egan said the Kennicott would be arriving in Juneau at 9:30 on the 3rd of July at the newly remodeled ferry terminal, downtown. It will be here until about 8:00 that night, the formal transfer ceremonies will be at 10:00 a.m. and a reception will go until 11:30. The city has offered to provide a cake. He asked that if anyone is available to help, they should contact the City Clerk. He said this is the first ship since 1975 that has been constructed for ocean going service and is home ported in Juneau.

    Mayor Egan stated he had a request today from a representative from Celebration ’98 asking if the city could participate, as it has done in the past, in picking up the hall rental for Centennial Hall. He thought it might be proper to discuss this in the Finance Committee meeting on Wednesday. Mr. Perkins said that would be fine. They are not asking to waive the clean up fees and liability insurance. Celebration ’98 starts on Thursday, goes through Saturday and all are invited.

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  4. William P. Dunn, said he would have an expanded letter in response to Ms. Easterwood’s letter. He thanked Ms. Miller for calling him the next morning to say that his letter was in the file. He appreciated that.

    B R E A K

    7:55 p.m. – 8:05 p.m.

    Assembly Action

    MOTION – by MacKinnon, to move into executive session to discuss the pending litigation, the details of which may affect the finances of the CBJ.

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

    8:05 p.m. – 8:40 p.m.

    Mr. Garrett reported that during the executive session, there was discussion with counsel for the city regarding pending litigation. He asked that counsel proceed as discussed during that session to deal with this case. There being no objection, it was so ordered.

  5. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 8:42 p.m.

 

Signed: ________________________________

Mayor Egan

 

Countersigned: ________________________________

Marian Miller, Clerk