THE CITY AND BOROUGH OF JUNEAU, ALASKA

July 6, 1998

MEETING NO. 98-25: 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

Assembly Present: Garrett, Kibby, MacKinnon, Perkins, Powell, Egan, Hagevig, and Koelsch

Assembly Absent: Muñoz

A quorum was present.

Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; Barbara Craver, Asst. City Attorney; Dave Miller, Airport Manager; Kristen Blackgoat, DHSS

  1. APPROVAL OF MINUTES
  2. 1. 05/04/98 - Regular Meeting No. 98-14

    MOTION - by Kibby, to approve the minutes of Regular Meeting No. 98-14, held May 4, 1998, with one correction to change the spelling of officer Tagaban on the first page, and he asked unanimous consent. There being no objection, it was so ordered.

    2. 05/11/98 - Special Meeting No. 98-16

    MOTION - by Kibby, to approve the minutes of Regular Meeting No. 98-16, held May 11, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    3. 05/18/98 - Regular Meeting No. 98-18

    MOTION - by Kibby, to approve the minutes of Regular Meeting No. 98-18, held May 18, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    4. 06/01/98 - Regular Meeting No. 98-20

    MOTION - by Kibby, to approve the minutes of Regular Meeting No. 98-20, held June 1, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    5. 06/08/98 - Special Meeting No. 98-21

    MOTION - by Kibby, to approve the minutes of Special Meeting No. 98-21, held June 8, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    6. 06/10/98 - Special Meeting No. 98-22

    MOTION - by Kibby, to approve the minutes of Special Meeting No. 98-22, held June 10, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    7. 06/12/98 - Special Meeting No. 98-23

    MOTION - by Kibby, to approve the minutes of Special Meeting No. 98-23, held June, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    SPECIAL ORDER OF BUSINESS

    1. Visiting Delegation for Chai-yi

    Natasha Zahn, from UAS, introduced the Taiwanese delegates: Tasi Wen-Chi (Gigi), Wu Shu-Jung (Shu), Liao Fang-Wen (Wen), Hung Ying-Shing (Clare), Kou Ming-Chu (Annie) and Mayor Po-ya Chang. Mayor Egan was presented with a gift by Mayor Chang. Mayor Egan then presented a gift to Mayor Chang on behalf of the Assembly.

  3. MANAGER’S REQUEST FOR AGENDA CHANGES
  4. Mr. Palmer asked that an Executive Session be added to the end of the agenda to discuss the City’s defense in Boone vs. CBJ.

  5. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

Alice Rarig, 4425 Taku Blvd., testified that a year ago local residents began working to protect the Mt. Roberts trail from unnecessary degradation due to the high usage that was anticipated on account of the opening of the tram. They formed the Mt. Roberts Stewardship program which has since then been adopted as a committee by Trail Mix. They are a non-profit organization, a volunteer group working to ensure that the Mt. Roberts area, especially above tree line, will remain a healthy alpine environment to be enjoyed for years to come. They believe it is in the interest of the community to protect the ecological integrity of the area. Locals and tourists are expecting to find terrific views, wildflowers and wildlife views along with a reasonable degree of safety. The tram has opened up the area for all to enjoy the alpine and upper area. They are working with Trail Mix, Parks and Rec., city staff in Planning, Engineering, and Mapping. They hoped for the Assembly’s support and involvement. They are concerned that some areas may be permanently damaged and they are seeking to engage all interested parties in a serious planning effort to address the short and long-term remedies for the trail. They urge that any new development follow the guidelines that were anticipated in the Conditional Use permit for the Tram which was to insist that any development up there, any new trails or structures, be laid out and have the permission of the underlying land owner. She invited the Assembly to hike the trail and see the area. She added there would be a meeting on July 16 and all were invited.

Mr. Powell thanked the volunteers and suggested it looked like an adopt-a-trail program. He asked if there was a way to get a report from the group and encouraged them to attend a Lands Committee meeting with that information. Ms. Rarig said they have initiated meetings with the Tram and thought it would be an excellent idea to report to the Lands Committee and the Assembly at the end of the summer with a progress report.

Myra Howe, 1839 Bartlett Avenue, works with Mr. Rarig on the Mr. Roberts Stewardship program. She said the Tram has become an asset for Juneau for both locals and tourists. Their group is trying to protect the fragile alpine and sub-alpine areas. They have had cooperation but it is hard to get all the parties at the table at the same time. They are concerned with the lack of correct usage of the trail and safety. People have been going up rather high with no gear or protection. This is not a stroll in the park and they cannot be patrolling up above the cross. It is entirely possible that there will be an accident up there as people do not realize it is a wilderness experience.

Mr. Perkins asked if there was any signage about the degree of difficulty. Ms. Howe said they have been discussing putting something up at the cross. Information is in the brochure map and there are advisories earlier, down by the nature center.

Becky Rawson, was aided by an interpreter. She testified about closed captioning for the city meetings, school board meetings and gavel to gavel. She said, as a deaf person, she was heart broken to find out there was a joint session on television in which they discussed property taxes for the new school being built. She pays taxes but had no access to that information. The ADA requires that if there is a public broadcast, it must be close captioned or presented in another effective broadcast communication. Statewide, there is 60,000 deaf and hard of hearing individuals. Juneau carries 15% of that amount and a large number of those people do not know sign language. Captioning would be more feasible than having interpreters. She said she had a lot of information that might be helpful for the Assembly as far as what it would take to caption the public meetings.

Mr. Perkins asked if she would leave the information with the city clerk. Mayor Egan said the City Clerk would distribute that information to the City Manager, the Assembly and the Health and Human Services Committee. He asked if she had any idea of the cost stating there was an issue that came up with Gavel to Gavel coverage. He said the city has paid over $200,000 per year to provide that coverage statewide, and it was requested that the city provide closed captioning. It was the city’s contention that the State of Alaska has done nothing as far as television coverage. They thought the state of Alaska had expertise in closed captioning, more than the city, and it was requested that the State provide funding for closed captioning. There has been no reply and the Mayor asked Ms. Rawson to help in talking to the people with the State to get funding from the State for at least the Gavel to Gavel portion. He said they had been told that the closed captioning for just Gavel to Gavel would be almost as much as the city’s contribution to the television portion.

Ms. Rawson said closed captioning could be done in very creative ways. She came from Idaho where she helped the city set up captioning for their public meetings. The law does not require that you capture live public meetings; it requires that it is captioned at one time, it can be shown at a later date. Most television companies have the captivator that they use for captions, they just need to buy the software that goes with it to provide the captioning. She said she would be more than willing to help in any way possible.

  1. CONSENT AGENDA

MOTION - by Garrett, to approve 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. 98-27

AN ORDINANCE AMENDING THE SALES TAX CODE TO CAP THE TAX IMPOSED ON SALES OF FUEL OIL IN EXCESS OF 50,000 GALLONS DELIVERED BY MARINE TRANSPORTATION TO A SINGLE CUSTOMER.

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

2. Ordinance No. 98-28

AN ORDINANCE PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY AND BOROUGH TO PROVIDE FOR NONCOMPETITIVE PURCHASES OF SERVICES TO BE PROVIDED BY OFFICERS AND EMPLOYEES OF THE STATE OF ALASKA AND THE FEDERAL GOVERNMENT; FACULTY AND STUDENTS OF ACCREDITED HIGH SCHOOLS, COLLEGES, AND UNIVERSITIES; AND MEMBERS, SHAREHOLDERS, AND EMPLOYEES OF NONPROFIT ASSOCIATES; AND CALLING FOR AN ELECTION ON THE QUESTION OF WHETHER THE CHARTER SHOULD BE SO AMENDED.

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

3. Ordinance No. 98-29

AN ORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA, AUTHORIZING THE ISSUANCE OF A REVENUE BOND (BARTLETT REGIONAL HOSPITAL FOUNDATION PROJECT), OF THE CITY AND BOROUGH IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $450,000; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING THE PROPER OFFICIALS OF THE CITY AND BOROUGH TO DO ALL THINGS NECESSARY OR ADVISABLE TO CONSUMMATE THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS; PROVIDING THE FORM OF BOND AND MANNER OF SALE OF SAID BOND; AND PROVIDING THAT THE BOND BE PLACED WITH KEYBANK NATIONAL ASSOCIATION.

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

4. Ordinance No. 98-17 (A)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $65,000 FOR INSTALLATION OF A CULVERT ON CESSNA DRIVE AND CONSTRUCTION OF A FISH WEIR ON DUCK CREEK. SUCH FUNDS, $20,000 EACH, PROVIDED BY THE U.S. FISH AND WILDLIFE SERVICE AND THE NATIONAL MARINE FISHERIES SERVICE; $5,000, PROVIDED BY TROUT UNLIMITED, INC.; AND $20,000, PROVIDED BY PARTNERS FOR FISH AND WILDLIFE.

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

B. Resolutions

1. Resolution No. 1942

A RESOLUTION REQUESTING FISCAL YEAR 1999 SAFE COMMUNITIES FUNDING FROM THE ALASKA DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS.

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

2. Resolution No. 1943

A RESOLUTION REESTABLISHING THE CITY AND BOROUGH OF JUNEAU ENERGY ADVISORY COMMITTEE.

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

C. Transfer Request

1. Transfer Request No. T-651

TRANSFERS $82,054 FROM WATER LINE - NORTH LENA TO TEE HARBOR PROJECT (CIP W494-12) TO LENA POINT RESERVOIR PROJECT (CIP W494-19).

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

D. Bid Award:

1. Bid No. 98-401

FUEL TANKS, PUMPING, DISPENSING & FUEL MANAGEMENT SYSTEM.

Administrative Report: Attached. The Manager recommended that this bid be awarded to Ace Tank & Equipment as having the lowest responsive bid price. Total bid award will be for $79,260.

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

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $13,500 TO PROVIDE SUBSTANCE ABUSE INTERVENTION SERVICES. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF CORRECTIONS.

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

    Public Participation: None

    Assembly Action:

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

    2. Ordinance No. 97-17 (BK)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $24,626 AS A GRANT TO THE SOUTHEAST ALASKA GUIDANCE ASSOCIATION. SUCH FUNDS PROVIDED BY THE LANDS FUND 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 (BK), and he asked unanimous consent. There being no objection, it was so ordered.

    3. Ordinance No. 97-17 (BL)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $21,000 FOR THE PURCHASE OF SEVEN ELECTRIC HOSPITAL BEDS AT THE JUNEAU RECOVERY HOSPITAL. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

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

    Public Participation: None

    Assembly Action:

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

    4. Ordinance No. 97-17 (BM)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $9,000 TO UPGRADE THE SURVEILLANCE EQUIPMENT AT THE JUNEAU RECOVERY HOSPITAL. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

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

    Public Participation: None

    Assembly Action:

    MOTION - by Hagevig, to adopt Ordinance 97-17 (BM), and she 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

A. Manager’s Report - Action Items - None

B. Manager’s Report - Information Items

    1. For Hire Vehicles Status Report

Mr. Palmer reported on the chronology report of recent efforts for enforcement of the For Hire Vehicle Code prepared by the City Clerk. He said there had been a lot of productive activity. Starting in late May to date, the Clerk’s, Attorney’s and Manager’s Offices have been working to enforce the ordinance currently in place and to rewrite that ordinance. The current ordinance was initially written to cover the public safety aspect and did not anticipate trying to draw a line between for hire vehicles that are shuttles, vans, courtesy vans or tour buses. A taxicab is required to have a 24-hour dispatch and is allowed to make flag stops, others are not. Guidelines have been developed to try to delineate between a taxi and other for hire vehicles. Those guidelines have been distributed to all interest parties and staff has received response. He said the Clerks Office personally met with each of the applicants. There is compliance from most of the operators but two have not come through yet with enough information to be approved. They are scheduled for a hearing before the Assembly to consider action on their permits. Staff hopes they will have brought their paperwork in before then. Staff is still working on a draft of the new ordinance and he said he hopes to have that introduced on July 20th.

C. Attorney’s Report - None

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS
  2. A. Revised Pending Items

    B. Unappropriated General Fund Unreserved Fund Balance

    C. Assembly Contingency Fund Balance

  3. COMMITTEE REPORTS ON NON-AGENDA ITEMS

A. Committee Reports

1. Committee of the Whole

Mr. MacKinnon said there would be a meeting on Wednesday at 5 p.m. in Chambers. Four items will be on the agenda: presentation by the TAC on the planning process; Dimond Park related issues including a brief presentation on the masterplan; the Parks and Rec. and Harbor projects; and finally, the fall election High School ballot proposition.

2. Finance Committee

Mr. Perkins said two items could be pulled from the pending items list: CBJ biennial budget, and TAC recommendation for "recreation fund". There were no meetings scheduled.

3. Committee on Committees

Mr. Powell presented the following names for consideration:

Commission on Aging: Mary Jefferson, Marianne Mills and Robert Thibodeau;

Docks & Harbors Board: Romer Derr, Robert Hurley, and Annette Smith;

Juneau Women’s Council: Susan Sutton, Lisa Sullivan and Eleanor Vinson;

Youth Activities Board: Virginia Blaisdell

Juneau Youth Commission: Jegger Arsua, Shannon Glallazzo and Alixis Janowiec

4. Human Resources Committee – no report

5. Lands & Resources Committee

Mr. Kibby reported that at the last meeting, Lands passed on the concept of a Rock Dump campground and staff will proceed on that concept with the owners of the property. Also, Lands was in total support of the gravel for non-CIP project issue. He asked the Assembly to pass on that support. A number of property owners requested to purchase gravel from the CBJ pit at the same cost that the city sells it to contractors that are awarded city CIP projects. The gravel would be used in CBJ right-of-ways. There was no objection by the Assembly.

6. Public Works & Facilities Committee

Mr. Garrett said there are a number of projects occurring and he encouraged all to be patient. A consultant has been hired to do the areawide transportation plan. The Transportation Steering Committee will meeting many times this month, once on the 22nd at noon in Chambers with the PW&F. He encourage all to attend and participate. Mr. Perkins asked Ms. Miller to remind members.

7. Strategic Policy Committee

Mr. Hagevig reported that she attended the Alaska Committee meeting last week and they were very interested in the brochure, which is a product of the Capital City Visioning project. They are going to work a little bit on the text and seriously consider paying for copies to take with them to the Tanana Valley Fair as a hand out in Fairbanks.

B. Board Liaison Reports

Mayor Egan said the Alaska Committee meeting is tentatively set for the 15th at the JEDC conference room at 7:00 a.m.

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Mr. Koelsch was concerned with the corner of the High School lower parking lot. The contractor in the area has two trailers, two large trucks, and a blue tarp that could all be moved up to the top part so that corner is not obstructed. Mr. Palmer will take care of it.

    Mr. Perkins said he spoke with the Manager prior to the meeting about the CBJ bathrooms. Mr. Palmer assured him that they have been working to keep up with the use. Mr. Perkins asked if the YTK 2000 problems have been identified. Mr. Palmer said there is a group working on it and he will give a status report. Mr. Perkins complimented the Mayor on a job well done on Friday with the Kennicott welcome. He singled out Joanne Roberts from purchasing who made the ship on top of the cake, she did a wonderful job.

    Mr. Kibby added that the CBJ bathroom also needed a door hung. He said he has had two phone calls over the Treatment Plant. He would like a report on how things are progressing with the odor. Mr. Palmer said he would bring the Superintendent in. Mr. Kibby suggested the new Superintendent meet with the neighborhood. Ms. Hagevig added that some of the folks in the neighborhood had been told that the increase in the odor problem is in direct relationship to people being on vacation and the plant being understaffed. Mr. Palmer said that was not the problem, it is true they do not have as many people working out there but the shortage is primarily the sludge truck drivers. There are other drivers that can be used.

    Ms. Hagevig said a large thank you was in order for the Fire Works crew, the Juneau Festival Association, and the Douglas Fourth of July Committee. She also thanked Mr. Palmer for a letter he wrote to the Editor on behalf of the work that the Alaska Committee had been doing in cooperation with Alaska Airlines in trying to make access to the Capital City more available to constituents.

    Mr. Garrett asked Mr. Palmer for a report on Ordinance 98-29, the Bartlett Foundation non-recourse revenue bond. He said he was puzzled as it is a revenue bond without a revenue source and he would like a clear explanation of what the revenue source is. He would also like a general discussion on why the city should sell a revenue bond at all if it is just a matter of guaranteeing a loan so they can get the money to build the building.

    Mr. Powell publicly thanked the Police Department for taking care of the drunken person walking on North Douglas. Their response was very quick and probably saved the person’s life. Mayor Egan added that they did an excellent job over the fourth of July weekend.

    Mr. MacKinnon added that it was a great Fourth of July and everyone did a great job.

    Mayor Egan said there would be a request on the 20th from KTOO for the special session, probably in the amount of $6,000. The money could be taken out of the Better Capital funds.

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None

MOTION - by MacKinnon to move into Executive Session following a 5-minute recess, to discuss pending litigation that may directly affect the finance of the CBJ. There being no objection, it was so ordered.

B R E A K

7:55 p.m. - 8:10 p.m.

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

8:10 p.m. - 9:07 p.m.

Mr. MacKinnon reported that in the Executive Session, the Assembly heard a report from the council on the details of an item of litigation. The Assembly directed the Attorney on how to proceed.

  1. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 9:09 p.m.

Signed:

 

__________________________

Mayor Egan

 

Countersigned: ________________________________

Marian Miller, Clerk