THE CITY AND BOROUGH OF JUNEAU, ALASKA

AUGUST 3, 1998

MEETING NO. 98-28: 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 7:03 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, Mayor Egan, Hagevig, Muñoz, and Koelsch

Assembly Absent: Perkins and Powell

A quorum was present.

Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; Barbara Craver, Assistant Attorney; Craig Duncan, Finance Director; Mary Norcross, Controller; Mel Personnett, Police Captain; Darci Wert; Dave Miller, Airport Manager; Joe Buck, Engineering Director; Catherine Fritz, Architect.

  1. APPROVAL OF MINUTES
  2. 1. 06/15/98 - Regular Meeting No. 98-24

    MOTION - by Kibby, to approve the minutes of the Regular Meeting No. 98-24, held June 15, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

    SPECIAL ORDER OF BUSINESS

    Certificate of Achievement for excellence in Finance Reporting (CAFR) award presented by the Government Finance Officers Association.

    Mr. Palmer presented the award to Craig Duncan and Mary Norcross.

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

Mr. Kibby removed item C-1.

MOTION - by Garrett, to adopt the Consent Agenda as amended with the removal of item C-1, and he asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

1. Ordinance No. 98-17 (B)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $512,048 FOR THE FOLLOWING CAPITAL PROJECTS: ESSENTIAL BUILDING REPAIRS, FIRE STATION REPAIRS PHASE III, AMERICAN DISABILITIES ACT COMPLIANCE, UNDERGROUND FUEL STORAGE TANKS, AND SPORTS FIELD SAFETY REPAIRS AND MAJOR MAINTENANCE. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF ADMINISTRATION.

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

2. Ordinance No. 98-17 (C)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $100,000 TO DESIGN A REPLACEMENT HIGH PRESSURE WATER LINE THAT CROSSES GOLD CREEK ON CALHOUN STREET. SUCH FUNDS PROVIDED BY THE WATER FUND RETAINED EARNINGS.

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

3. Ordinance No. 98-17 (D)

AN ORDINANCE DEAPPROPRIATING THE SUM OF $16,000; $15,000 FROM THE NEW HIGH SCHOOL/DIMOND PARK PLANNING PROJECT AND $1,000 FROM THE MANAGER’S OPERATING BUDGET. SUCH FUNDS, $15,000, PROVIDED BY THE NEW HIGH SCHOOL/DIMOND PARK PROJECT GENERAL REVENUE, AND $1,000, PROVIDED BY THE MANAGER’S OPERATING BUDGET.

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 (E)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $16,000 FOR PUBLICATION OF VOTER INFORMATION PAMPHLETS. SUCH FUNDS, $15,000, PROVIDED BY THE NEW HIGH SCHOOL/DIMOND PARK PLANNING PROJECT GENERAL REVENUE, AND $1,000, PROVIDED BY THE MANAGER’S FY99 OPERATING BUDGET.

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. 1948

A RESOLUTION AUTHORIZING IMPOSITION OF A SURCHARGE PAYABLE TO THE STATE OF ALASKA UPON A PLEA TO, FORFEITURE OF BAIL FOR, OR CONVICTION OF CERTAIN INFRACTIONS AND MISDEMEANORS.

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

Mr. Kibby declared a conflict of interest and was excused.

C1 Contract No. E98-524: Duck Creek Culvert at Cessna Drive.

Administrative Report: Attached. The Manager recommended award of this project to Gastineau Contractors, Inc. in the amount bid for the base bid and the additive alternate, for a total award of $92,735.00.

Public Testimony: None

Assembly Action:

MOTION - by Garrett, to approve bid award E98-524 as recommended by staff for the base bid and added alternate, and he asked unanimous consent. There being no objection, it was so ordered

  1. ORDINANCES FOR PUBLIC HEARING - None
  2. UNFINISHED BUSINESS - None
  3. NEW BUSINESS

A. Liquor Licenses:

PROTEST OF LIQUOR LICENSE RENEWAL APPLICATION PENDING TRANSFER OF OWNERSHIP.

Renewal of Beverage Dispensary: Imperial Bar; Imperial Bar, Inc.; Robert J. Schroth, Registered Agent; 241 Front St., Juneau, AK 99801; mail: Box 32298, Juneau, AK 99803

Transfer of Ownership of Beverage Dispensary: Imperial Bar; Imperial Bar, Inc.; Robert R. Daniel, President; 241 Front St. Juneau, AK 99801; mail: 241 Front St. Juneau, AK 99801; Transfer from Imperial Bar, Inc. (Corporate stock transfer)

Administrative Report: Attached. The Manager concurred with the Assembly Human Resources Committee’s recommendation to the Assembly that it reserve its right to protest Imperial Bar Inc.’s liquor license renewal if the transfer of Imperial Bar Inc.’s license does not occur.

Public Testimony: none

Ms. Craver stated changes to the memo to the Assembly dated July 30, 1998. The Alcohol Beverage Control (ABC) Board must renew the license before it can approve a transfer. Staff is saying that it cannot be renewed until the transfer takes place. To approve the renewal if the transfer takes place leaves the question open of when the transfer will take place. She expects the transfer would occur fairly soon. The perspective owner, Mr. Daniel, is currently operating the bar, managing it and doing a good job according to the Police Dept. The Human Resources Committee (HRC) felt that the operation of the liquor license would be better managed under the new owner. Ms. Craver suggested that the Assembly condition the approval of the transfer conditioning that the transfer takes place expediently. Staff had no information about the financial background. From the permit point of view, the transfer could take place after the ABC Board meeting which occurs on August 26. Once staff completes the paperwork, the transfer could take place by early September. It would be in the Police Department’s best interest that the transfer takes place as soon as possible and if it is not to occur, that the bar should close. They would not approve the current operation of the bar with the current owner.

Capt. Personnett stated that he has had substantial discussion with the new owner and the Dept. is confident that if he is allowed to run the business, it would run according to the law and that would be in the best interest of the community. The Dept.’s concern was the way that the business had been managed which was not by ABC or CBJ ordinance.

Mr. MacKinnon asked if Mr. Daniels had been running the bar for a while. Capt. Personnett indicated that yes he had, at least since May. Mr. MacKinnon asked if there had been a noticeable change since May and Capt. Personnett indicated yes. They have not had the complaints, there have not been any violations and there has been a substantial turn over in staff.

Ms. Muñoz stated when the HRC considered this issue, they were not aware that the ABC Board would approve the renewal first before the transfer. She said that does make a big difference in the overall application. If the approval is conditioned on the transfer, the ABC Board will not approve it until the renewal has taken place. HRC did not realize that when it considered the issue.

Robert Daniels, 9446 LaParouse, was asked to come forward. He stated that he was trying to get a liquor license transfer. The renewal has to be approved in order for him to get the transfer. The seller is out of town. Mr. Daniels has a purchase agreement drawn up, he has put money toward the bar and has a payoff on the bar in ten years.

Ms. Hagevig asked Ms. Craver if the Assembly would have any recourse if it indicated a willingness to let the approval go forth and Mr. Daniels was not able to finish the transaction. Could the license be pulled. Ms. Craver said she had discussed that with Donna Johnson of the ABC Board and she indicated that a conditional approval would be acceptable in this case. The conditional approval stated that the renewal was only approved if the transfer took place. Ms. Craver suggested adding a date certain.

Mr. Garrett pointed out that the Imperial was the oldest continuously operating bar in the State of Alaska, and there was a certain distinction to maintaining that continuous operation. There have been a lot of problems with this business and the Assembly is happy to hear that someone else is going to run this bar. He asked Mr. Daniels for any level of assurance he could give that all this would come to pass and the situation would end.

Mr. Daniels said the only assurance he could offer was that he was going to put his best efforts forward. He has a lot of money, time and energy invested and, as their liquor distributor for seven years previous, has a good understanding of the business. After looking at all the financials, he feels it is, and can continue to be, a profitable business. He said there was no reason why he could not payoff the bar and continue to run it successfully. The bar needs attention with someone to look after it on a daily basis and he will be that person. The bar is part of Juneau’s history and he hopes it will be a part of Juneau’s future.

Mr. Garrett asked that, as an owner, does he intend to be personally involved on a regular basis. Mr. Daniels said he is there seven days a week. Mr. Garrett said the Chief of Police had only good things to say about the relationship of working with Mr. Daniels. Mr. Daniels said his intention would be to work hand in hand with the police. There has been a problem with loitering and he has taken steps to try to eliminate those kinds of people out of the bar.

Ms. Muñoz asked when the details of the purchase agreement would be complete. Mr. Daniels said he put a lump sum down on the bar with a ten-year note.

MOTION – by Muñoz, to recommend approval of the renewal if the transfer occurs by November 1, 1998. There being no objection, it was so ordered.

B. Certificate of Public Convenience and Necessity:

Goenett d.b.a. Island Waterways, Inc., has filed for a For-Hire Vehicle Certificate of Public Convenience & Necessity application to operate van services with three vehicles.

Administrative Report: Attached. The Manager recommended that the Assembly make a finding that Martin B. Goenett, d.b.a. Island Waterways is fit, willing, and able to perform such public transportation as he has proposed in his application, and that the Municipal Clerk be directed to issue a certificate to the applicant upon satisfactory evidence of compliance with the applicable provisions of Chapter 20.40. Mr. Palmer added that the Island Waterways business currently in effect has submitted a letter stating they are going out of business so there will not be a conflict of two businesses with the same names. The new applicant appears to be assuming the equivalent of Island Waterways but the certificate was a new application.

Ms. Miller added that it was indicated in the Manager’s Report that Mr. Goenett needed to meet with Finance regarding filing requirements. He has met with them but she had not confirmed with them. The recommendation would have to be contingent on a clean bill from the Finance Department.

Public Testimony:

Shane Williams, Chairman of the Juneau Independent Driver’s Association (JIDA), P.O. Box 211245, Auke Bay, AK. He said the two issues involve the former ownership that has been moved to the present ownership of the new business Northgate Tours and Cruises operated by Mr. Goenett. The operation is outside of the guidelines. If they leave the airport and go with a person directly, rather than a terminal or disembarkation point, they are operating as a cab. Island Waterways has done that for years. The files reflect that JIDA has complained for over three years. They do not want to stop him from doing business, but they know that a shuttle in Juneau will not make it unless they step over the bounds. The boundaries are listed in the ordinance, not the guidelines. Categorically, there are different areas applied for. It does not say a van can do flag stop service, but a cab can. Mr. Williams said he has been driving for seven years and he knows the difference between a shuttle and a cab. One of the main contentions is that Mr. Goenett totally disregarded what the ordinance addresses right now, not the guidelines. He read Chapter 20.40.230(d) Change of Fares and Charges. He said when applying for a van, you apply for either scheduled service or charter service. Mr. Goenett applied for scheduled services. He referred to paragraph four of the City Clerk’s letter and said this was very serious if the only certificate holders that were going to be enforced for anything out of the ordinance were going to be the taxicab certificate holders. He asked if that meant that every other category did not have to apply to the base ordinance in effect. Mr. Williams summarized that they object to the issuance of a new permit to Island Waterways d.b.a. Northgate Tours. They do not see them changing their ways or their wants, needs and desires to serve the transportation industry in Juneau under their category. Mr. Goenett has enough different tours, shuttles and other types of services that taxicabs cannot provide; he only has three vans and he has three scheduled shuttle services; and he has nine other services listed that he will provide from tours to charter services to hotels. If a van breaks down, who looses. He urged the Assembly to take a more careful review.

Mr. Garrett asked Mr. Williams if he thought that Mr. Goenett should not be allowed to charter buses or vans to fulfil his tour requirements on the tours he was selling. Mr. Williams said no, he would not have a problem with that at all. Mr. Garrett clarified that meant he could fulfil everything that he was advertising. Mr. Garrett added that the ordinance also says the city has to know all the vehicle numbers in order to issue permits and permits are issued without vehicle numbers all the time. Mr. Williams agreed.

Terra Bengle, 9503 Atler Way, testified on the character and abilities of Mr. and Mrs. Goenett for running Island Waterways. She said she started working for them in January 1998 and has seen the company grow into a successful and well-run business. It is successful because it is the manifestation of a man who has almost super-human drive and dedication; well run because Mr. Goenett has provided his employees, several fellow Juneau residents, with the skills to do their jobs with excellence. Mr. Goenett has provided wonderful opportunities and has taught ethics, provided professional training and paid for their licensing. Mr. Goenett’s tours do not compete with the taxi industry and is a tour provided to the tourists that provides revenue for the city. The tours follow a pre-specified itinerary. Considering Mr. Goenett’s excellent business skills, the opportunity he provides for employees and clients, and the great sense of free enterprise, she stands behind him 100%. She saw no logical or economical reason not to support him in this endeavor.

Walter Bennett, P.O. Box 34042, testified on behalf of the Goenetts. He said he grew up as a commercial fisherman, which is a competitive business, just like working for the Goenetts. He said he is only trying to work for a living, the fishing this summer has been bad and he is fortunate to have a job driving. He said he would rather work every day rather than draw unemployment. He has ridden with Mr. Williams in his cab many times and Mr. Williams has assured him this is nothing personal. When he gets up and says he does not want this permit issued, Mr. Bennett said he has to take it personally because it will take his income.

Brad Geolette, 102 North Franklin St., one of the owners of Taku Taxi. He said he has seen Mr. Goenett grow in Juneau. He does not have a problem with him operating a shuttle or whatever he wants but there is a conflict with the color of the vans. They are maybe a shade off of Taku Taxi’s shade. The Goenette’s first job in Juneau was driving Taku Taxis. When they left and went to Island Waterways, they were not very much competition because they were handling airline pilots which was a good contract for them. They expanded and now we are at a point where the cab industry is being inundated with new technology, new means of transportation, which is fine, that’s evolution. He said there is a sense of sameness when their vans are parked in front of the Baranof next to Taku Taxis. He suggested a different color scheme for Mr. Goenett to make them less or more distinctive than Taku Taxi. He did not want to encourage denying the permit, but the color scheme was too close.

William Albert Burke, P.O. Box 240742, Douglas, testified that he is a cab driver and he opposes any more licensing. The Island Waterways cannot even keep in compliance with the licensing they have. He said he has been at the airport several times and has seen several of their drivers recruit people into their vans saying they are cheaper than the taxis. He said taxicabs are required by city law to run 24 hours a day, 365 days a year. Why should someone who only runs in the summer take business from us and take money out our pocket. He strongly recommended against giving the Goenett’s any more licenses. He said he has seen brochures that say they will offer tours for only $10 when they have not even been granted a permit.

Mr. Garrett asked Mr. Burke if he had a chance to look at the proposed new ordinance that was being considered for next year. Mr. Burke said yes. Mr. Garrett asked if it would get the city any closer to solving some of the problems. Mr. Burke said he thought they would if the city enforced the rules. If the city cannot enforce the rules that they have now for different ordinances, what give him assurance that the city will enforce new regulations. Mr. Garrett clarified that it was not really the content of the law so much as a sense that the city is not doing a good job enforcing the rules. Mr. Burke said he has written several complaints about Island Waterways and nothing has been done, they are still recruiting people, which is totally out of compliance.

Ms. Muñoz asked when the original certificate was granted, did the city do a check on the color of the vehicles. Ms. Miller did not think it was addressed, she did not think the applications previously were really scrutinized at all. Ms. Muñoz clarified the language in the code, which states the competing organizations are not suppose to have the same color scheme, is currently the same.

Frank Rich, 9143 Parkwood, asked several questions about the application. Mr. Rich said it looks like Northgate will run from the hotels to the airport for part of the day, take the middle part of the day off and then at night run from the airport to the hotels. That sounds like an airport shuttle but he is not hitting all the airplanes. It seems to him that an airport shuttle should meet all the major jet flights. Next, as far as the Glacier Express Service, it was suppose to start on August 6 and run until September 24th. He lists a bunch of days that he works full time, a bunch of days it starts at 1:00 and then other days when it does not operate. Of the days listed, 31 days out of the 54 are still missing or unaccounted for. He went on to ask if Adams Free Enterprises would be allowed to run a contract with the hotels without a certificate of public convenience. He said if they are able to run a contract, for hire, then Gray Line, Princess and others should not need a certificate.

Mr. Garrett asked staff if there had been a determination that running a private contract between one entity would not require a certificate of public convenience and necessity. Ms. Craver said she thought yes, it had been determined that if you are not offering rides to the public but you have a private contract with someone to provide transportation, then a Certificate of Public Convenience and Necessity is not needed. Mr. Garrett asked her to rationalize. Ms. Craver said Gray Line and Princess are actually exempt under the interstate bus exemption. Mr. Garrett asked if Mr. Geolette sold stock in his company, and only provided rides to his shareholders, would he need a Certificate of Public Convenience and Necessity. Ms. Craver pointed out that courtesy vehicles are not considered to be part of the Public Convenience and Necessity statute and they are offering basically the same thing to the public. Mr. Garrett said he was trying to understand how it was that if the essential defining relationship is that some people who pay somebody to get hauled from point A to point B, and by making a distinction of who those people are, determines if a permit is required or not. Ms. Craver said her understanding was that the passengers are not paying for that transportation but the contract is with their employer. The passengers themselves do not pay. Mr. Garrett said it seemed to him that it was a commercial transaction for the transportation of people. Ms. Craver agreed his questions were valid and that it was one of the reasons the current ordinance was being looked at. Some of the fine distinctions are having to be made by staff without a good basis other than their own development of logic. Staff is looking for more direction from the Assembly.

Ms. Hagevig asked for clarification about exemptions. Ms. Craver said there is a section in the current For-Hire Vehicle code that has been there for over 10 years called Interstate Bus Operations. The original intent was to exempt certain operations from two layers of bureaucracy. Certain companies have applied for exemptions under that chapter and have generally gotten it, sometimes with more or less scrutiny. This year, 1998, some exemptions were granted to companies that had applied. That provision has been looked at by staff and will probably be considered if a revised ordinance is presented. Ms. Hagevig asked to what purpose. She said if someone else had a higher or different level of bureaucracy, has the ultimate authority over these particular kinds of businesses, what is the purpose for CBJ to be involved. Ms. Craver thought that staff had found that two layers of bureaucracy do not exist. They exist in different areas and some of the city’s concerns are not addressed by State regulations and some regulations far exceed city concerns. The two systems could work cooperatively together and that would be everyone’s intent.

Ben Goenett, 2208 Great Western, applicant, testified that he started Northgate Tours one year ago today and today they have six brochures. With this fast growth, they found it necessary to purchase Island Waterways to provide more services and be a better host to the people they serve. Northgate Tours, before the season began, had over a quarter million dollars in sales and found they needed to provide the services that Island Waterways was providing, which was the charter services, glacier tours and airport shuttles. They are no different than Alaska Native Tours or Goldbelt as growth is quite rapid. He said he is fit, willing and able to provide the services he is applying for.

Mr. Garrett said there had been a lot of concern about previous operating procedures. He asked if those were things he was taking to heart and instructing staff to not do. Mr. Goenett said he had met with Shane Williams and showed him that his father was a cab driver. He said it hurts to him to see the cab drivers come against him.

Mr. Garrett thought Mr. Goenett had a point on the color schemes and that the city had been lax in enforcement. He asked Mr. Goenett about conditioned approval that, over the winter, they substantially alter the color scheme in a way that it would be clearly distinctive from Taku Taxis. Mr. Goenett thought that would not be a problem. They have "Northgate Tours and Cruises" as the logo in front, "Let us show the Gateway to Adventure" on the sides. They had potential for "Airport Shuttle" on the top of the vans but decided against it because he thought it would make them appear to be a taxi. They have purchased magnetic signs to alleviate some of the problems, one that says Charters, one that says City Glacier Tours and one says Off Duty because he intends to use the van as a personal vehicle and does not want the cab drivers to think he is going places out of line. Charters can go where ever they are hired to go at $70 an hour. Mr. Garrett asked about putting painting or striping that would make it substantially different. Mr. Goenett thought that also would be possible. Mr. Garrett asked if he would have Mr. Geolette review the changes to insure that Taku Taxi would not have a problem with the changes. Mr. Goenett said he would be willing to do whatever he needed to do.

Ms. Miller said the color scheme was an issue which may also conflict with someone else other than Taku Taxi. She said information should be solicited from all of the certificate holders to get their color schemes. Right now all they have is what has been put on their applications. It is not just the color but the insignia that is required.

Mr. Koelsch commented that he felt confident that Mr. Goenett would make enough of a difference that there would not be any mistake. He said the problem seemed evident of enforcement and he suggested that when the new ordinance is adopted, there should be very definite enforcement arrangements.

Mayor Egan asked about the earlier comment relating to not meeting all the airplanes. Mr. Goenett said that he did not want to compete with the ferry shuttle, which goes from the ferry terminal to the airport to downtown. He said it is not feasible for him to run the airport shuttle and meet every flight because not everyone who is coming in is coming downtown. There are certain flights that are just businessmen coming from Anchorage, Sitka or Ketchikan who are not tourists. When the session starts, it is fair game. He did not want to have the way he runs his business scrutinized simply because he decides not to meet a plane.

Ms. Muñoz asked if the application includes the airport shuttle. Mr. Goenett said it did, it says Airport Shuttle as well as the Charter Service and City Glacier Tours.

Mr. Kibby asked Ms. Craver if the Assembly had the ability to condition a color scheme and granting the request at a later date. He said he thought the applicant would have to be in compliance with the ordinance at the time of issuance. Ms. Craver said there would not be legal prohibition against it.

Assembly Action:

MOTION – by Muñoz, to approve the application for the Certificate of Convenience for Mr. Goenett, adding the condition that the color scheme be changed by May 1, 1999 to be approved by the Manager or the Manager’s designee. There being no objection, it was so ordered.

Ms. Muñoz asked for a report on the current ordinance for the benefit of the people in the audience on this issue. The HRC was suppose to review an ordinance that was prepared by the Legal Dept. but the Manager had some concerns.

Mr. Palmer said the City Attorney had drafted an ordinance following the direction perceived as coming out of HRC. It created a fair amount discussion and staff has discovered that the more they look at the definitions and try to define how to enforce the provisions of the ordinance and how it could be written to clearly show the intent, the harder it gets. Rather than bring that ordinance to HRC, he chose to hold it and do more research. The next meeting would be to discuss some of the underlying policy issues that the Assembly would like to see. Ms. Muñoz said there have been a lot of discussions in HRC and she would rather see the whole committee have discussions. Mr. Palmer suggested bringing in the current version to use for starting discussion.

Mr. Garrett reiterated that the HRC had several meetings on policy issues and as a committee they made decisions on policy issues. They have had all the policy discussions that go into framing the ordinance and to not have that result does not do justice to the time and energy that had already gone into this.

Mr. MacKinnon thought it time to have a COW to discuss the policy issues, get staff’s point of view and go from there.

Mr. Kibby thought that was why there was a committee and a committee process. He wanted to see the ordinance go to the committee to make sure it was the intent of what they had worked so hard on over the past few months with staff. Then it could be brought to the Assembly.

Ms. Hagevig respectfully disagreed with Mr. Kibby stating she would hate to see the HRC go forward and do a lot more work and end up bringing it to this body where they would not get five votes to pass. There were obviously more questions, particularly the questions of enforcement and the cost of that enforcement. She thought HRC could lead the discussion with the COW. Mr. MacKinnon agreed. Ms. Muñoz also agreed that the COW should review the ordinance. She said there would be a cost in implementing this ordinance.

R E C E S S

five minutes

  1. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items

1. 1% for Art: Bartlett Regional Hospital Administration Building

Administrative Report: Attached. The Manager recommended the Assembly approve the 1% for Art selections for the Bartlett Regional Hospital Administrative Building.

Assembly Action:

MOTION – by Muñoz, to approve the recommendation from the Hospital 1% for Art Committee for the artist Michael Beasley and Chris Kemp. There being no objection, it was so ordered.

B. Manager’s Report - Information Items

1. City Manager’s Fourth Quarter Report: April - June, 1998

The report was included in the packet.

2. Central Treasury Investment Report for Quarter Ending June 30, 1998

The report was included in the packet.

    1. Status Report on Police Station Construction.

Ms. Fritz came forward to give a brief report and she stated a written report was in the packet for the members to review and comment on. She said the site work was underway and proceeding well. They are in the final stages of preparing the building documents for printing and advertising and the advertisement date was September 11. They hope to award the contract by late October, early November. It would be the contractor's choice to either proceed with work this fall or use the time to prepare submittals so that in the spring there could be a fast ground breaking effort because the site has been prepared. The Police Department should be ready to move into by January 2000.

C. Attorney’s Report

1. Law Department’s Fourth Quarter Report: April - June, 1998

The report was included in the packet.

  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 – no meeting scheduled.

Mayor Egan said he and Mr. Palmer met with the President of the Board for Perseverance Theater and they would like to present another challenge grant proposal to either the COW or Finance. Mr. Palmer said there would be a special Assembly meeting to introduce the ballot measure on Monday at noon. There was no objection to a brief COW after that special meeting to receive a brief presentation from Perseverance.

    1. Finance Committee – no report, Ms. Miller said there was a meeting scheduled for the 19th.

3. Committee on Committees – no report

4. Human Resources Committee

Ms. Muñoz said they would meet at 12:30 next Monday, immediately following the Special Meeting and COW.

5. Lands & Resources Committee

Mr. Kibby said the next meeting would be on the 12th at noon, room 211. The main topic would be a resolution of land use for the Taku River Valley.

6. Public Works & Facilities Committee

Mr. Garrett said there was a meeting scheduled for the 12th at noon in the Chambers.

7. Strategic Policy Committee – no report

B. Board Liaison Reports

Mayor Egan said the Alaska Committee would not meet on Wednesday. Members and Mr. Perkins are currently in Fairbanks preparing for the start of the Tanana Valley Fair.

Mr. Garrett said the Hospital Board was quite happy with the way things were proceeding on their big project. They will be coming to the Public Works Committee shortly to discuss the next project and additional expansion plans and facility changes..

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Ms. Muñoz asked about the No Camping signs at North Douglas. Mr. Palmer said efforts have been directed to DOT as this area is outside the jurisdiction of the ordinance and is on DOT ROW. Ms. Muñoz thought that DOT was in favor of no camping in the area. Ms. Muñoz then asked when the topsoil at Capital Park would be installed. Mr. Palmer said Engineering was negotiating on a change order with the contractor on the site.

    Ms. Hagevig asked about the issues of the Planning Commission requesting a change in their stipend. This had been in the newspaper but Mr. Palmer had not seen anything on it. Ms. Hagevig said Chairman Dybdahl was also concerned that the Assembly did not take another look at the ballot proposition from last year. Mr. Palmer said they have missed the deadline for this year, the issue was not brought forward.

    Mr. Garrett said there would be a public meeting Wednesday, August 12th at 6:30 p.m. at the Valley Library for all people who were interest in working in support of Ballot Prop. 1, the High School bond proposition.

    Ms. Hagevig said the AML meeting in Seward was well attended. The AML legislative committees went through their policy statements. The Board of Directors will meet in Sitka at the end of August. The legislative committee also identified priority issues for the legislative platform, which will also go before the board at the end of August. The number one item was to urge the legislature to move forward immediately with the adequacy study for funding education in the state followed by deferred maintenance issues.

    Mayor Egan said the Southeast Conference of Mayors, the Alaska Conference of Mayors and the AML Board will meet in Sitka August 26-28th. The Southeast Mayors will again be discussing the study on the regional impacts of tourism that was done by the McDowell Group.

    Mayor Egan said the city was very liberal on Assembly travel because it is vital that members get out and around the state. He said if members are going to go, be sure to go because it takes a lot of staff time to get the arrangements made.

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  4. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 8:50 p.m.

Signed:

________________________________

Mayor Egan

Countersigned: ________________________________

Marian Miller, Clerk