THE CITY AND BOROUGH OF JUNEAU, ALASKA

August 17, 1998

MEETING NO. 98-30: 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: Garrett, Kibby, MacKinnon, Perkins, Powell, Egan, Hagevig, Muñoz, Koelsch

    Assembly Absent: None

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Joe Graham, Port Director; Kim Kiefer, Parks and Rec.; Gary Bader; Mary Rubadeau, School Superintendent

  5. APPROVAL OF MINUTES - None
  6. SPECIAL ORDER OF BUSINESS - None

  7. MANAGER’S REQUEST FOR AGENDA CHANGES
  8. Mr. Palmer noted a change in language on item B-1 of the Consent Agenda, Resolution 1947. The last word in the Manager’s Report should indicate the resolution was forwarded with a recommendation of adoption. The Manager’s recommendation should also be changed to read that the Manager recommended adoption.

  9. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  10. Sally McLaughlin, speaking on behalf of the exchange students and Jane Ginter, the AFS Chapter President. She had the exchange students introduce themselves and said that each year, for the past 10 years, the city had granted complimentary bus passes to the exchange students. While here, they are not allowed to work and most of them are not allowed to drive. The bus pass allows them to experience more of Juneau. This year, Juneau is hosting students from Australia, Belgium, Chile, Croatia, France, Germany, Japan, Spain and Sweden. She asked that once again the Assembly grant bus passes to these exchange students during their year in Juneau.

    Mayor Egan welcomed the exchange students to Juneau and to Alaska.

    Mary Jordan, 6200 N. Lemon Creek Road, caretaker of the Hank Harmon Rifle Range for the previous five years. She purchased the residence from the former caretaker who left in good standing to do volunteer work in Russia. The board worked out a two-year agreement with her at that time. The agreement rents the quarter-acre of land where her residence is located in exchange for services provided. Her one and only agreement expired July 1995. She has attended all public board meetings of the Hank Harmon Rifle Range and the Juneau Shooting Range Advisory Committee except for four in the last five years. At two of the four she missed, the caretaker position was discussed. She was neither invited nor told about those meetings. She was only informed of decisions made regarding her position. About one year ago, the Juneau Shooting Range Advisory Committee was established by passage of resolution 1873. Under Section 4(b) it states "Recruit and appoint a care taker qualified to open and close and monitor the Hank Harmon Rifle Range. The Manager, upon recommendation of the committee, may negotiate and execute an agreement for residential use by the caretaker of CBJ land in the vicinity of the range in exchange for caretaker services." This resolution was recently extended an additional year. Totally frustrated with the lack of interest, let alone lack of action, in addressing an agreement, she asked the previous owner if he was interested in having his place back. She and he worked out an Earnest Money agreement. On July 22, 1998, she notified the board of the interest that Mr. Knuth had in purchasing the residence and assuming the caretaker duties once again. It took just 20 days for the board to meet and hand deliver their letter stating the board voted to not accept David Knuth as caretaker, making it clear they were not willing to negotiate an agreement nor would they allow her to sell the home. She formally requested the Assembly’s assistance and asked that the City Manager help negotiate and execute an agreement with her as per resolution 1873, section 4(b); and that during negotiation, there be an investigation as to why she pays possessory interest taxes on that property when she has no possessory interest rights. She said she was once told at a public meeting of the Hank Harmon Rifle Range Board that "you will never understand how this board works because we are men and you are women." She said they were right, she did not understand how a group of men could sit around for three years and not get anything done.

    Mr. Kibby asked Ms. Jordan that if a resolution to the problem took place, would she be interested in staying there. She indicated she would; her other deal fell through because the buyer was not accepted. She said she did not mind being caretaker, her only concern has been having no written agreement as security when she owns the residence there.

    Mayor Egan asked if this was covered in the document the Assembly created to establish the board. Ms. Jordan referred to the three purposes listed in the resolution: 1) to advise and assist the Assembly and Manager on matters of range policy; 2) recruit and appoint a caretaker qualified to open and close and monitor the Hank Harmon Rifle Range. The Manager upon recommendation of the committee may negotiate and execute an agreement for residential use by the caretaker of the CBJ land in vicinity of the range in exchange for caretaker services; and 3) to inquire into the cost and benefits of establishing and indoor shooting range. She said all she was asking for was that somebody negotiate with her.

    Lois Parish, Chairman of the Juneau Commission on Aging. She stated a meeting sponsored by the Alaska Commission on Aging was to be held in Anchorage September 21 – 23rd. Discussion emphasis would be long term care for the aging. Two delegates from the local commission are invited to participate and housing, noon meals on the 21st and 23rd and three meals on the 22nd will be provided. They are suggesting that local commissions furnish the cost of airfare for the delegates. Airfare for roundtrips are $223, flight specific, and $330, 21 days in advance. She asked for $600 for the two round trip fares to Anchorage plus minor expenses.

    Cathy Carney, Craig Mapes and Cindy McCallen. Mr. Mapes thanked the Assembly for the opportunity to speak about current networking between Juneau and Russian teachers. He said this past spring, Juneau educators were invited to visit schools in the sister city Vladivostock. The three of them went June 17 – 25th for the purpose of visiting schools and meeting teacher, sharing information regarding education and to establish personal people to people links to continue to build positive relations and exchange of information. Their Russian host’s itinerary included a tour of the city, visiting a technical university, visiting music and art schools, going to Art Galleries, Museums, Opera, Circuses, and a lot of other events. Their hospitality and generosity was truly remarkable. He said it was now Juneau’s turn. Six of the Russian teachers they met would be visiting Juneau August 19 – 28th. He invited the Assembly to a potluck dinner with their Russian friends.

    Ms. Carney presented the members with Russian candy and a list of people who would be coming. She presented a video showing the people and gave their qualifications and experience. She said the Mayor of their city presented the Juneau Library a book.

    Ms. McCallen said she grew up being scared to death of Russians, that they may bomb us. She found them to be wonderful, warm and caring people. She invited all the Assembly members to her home to meet these people on Saturday, August 22nd at 6 p.m. She said it would be a potluck and she asked that they bring no liquor but that children were welcome.

    Mayor Egan apologized for not being able to attend, as he would be out of town.

  11. CONSENT AGENDA

MOTION - by Garrett, to adopt the Consent Agenda, as presented with the change on item B-1 in the Manager’s Report so that it is noted that the Lands Committee recommends that the Assembly adopt this resolution, and he asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

1. Ordinance No. 98-17 (F)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $200,000 FOR THE DESIGN OF IMPROVEMENTS TO THE JUNEAU-DOUGLAS AND MENDENHALL WASTEWATER TREATMENT PLANTS. SUCH FUNDS PROVIDED BY THE SEWER FUND RETAINED EARNINGS.

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. 1947

A RESOLUTION SUPPORTING LOCAL LAND USE MANAGEMENT OF THE TAKU RIVER AREA.

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

    1. Resolution No. 1949

A RESOLUTION ACCEPTING THE FISCAL YEAR 1999 MUNICIPAL CAPITAL MATCHING GRANTS.

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

C. Bid Awards:

1. Contract No. E98-488: Douglas Boat Harbor "C" Float Addition.

Administrative Report: Attached. The Manager recommended award of this project, with concurrence by the Docks & Harbors Board, to North Pacific Steel Erectors, Inc. in the amount bid for the base bid, for a total award of $155,967.00.

    1. Liquor Licenses:

    1. Two Year Renewals

    Restaurant/Eating Place:

    City Café

    Armadillo Tex-Mex Café

    Pizzeria Roma

    Fernando’s

    Olivia’s De Mexico

    Taku Glacier Lodge, Inc.

    Taku Eateries

    Beverage Dispensary – Tourism

    Fiddlehead Restaurant

    Breakwater Inn Restaurant & Lounge

    General Wholesale

    West Coast Distributors

    Beverage Dispensary

    Mike’s

    Hangar on the Wharf

    Package Store License:

    Duck Creek Market

    Budget Liquor

    Thibodeau’s Home Liquor

    & Deli

    Kenny’s Liquor

    Thibodeau’s Liquor Barrel

  1. Transfer:

Alaska Distributors; Alaska Distributors Co.; 2266 Industrial Way; Alex Shulman, Chairman; Mail: 4201 Sixth Ave. S, Seattle, WA 98108; change of location from 1759 Anka Street.

Administrative Report: Attached. The Manager recommended the Assembly adopts the Human Resources Committee recommendation and waives its right to protest the licenses as reported.

  1. ORDINANCES FOR PUBLIC HEARING
  2. 1. Ordinance No. 98-30

    AN ORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA, AUTHORIZING THE CITY AND BOROUGH TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $55,500,000 TO FINANCE THE CONSTRUCTION OF A NEW HIGH SCHOOL, TO PARTIALLY DESING RELATED COMMUNITY FACILITIES, AND PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY AND BOROUGH AT THE ELECTION TO BE HELD THEREIN ON OCTOBER 6, 1998, OF PROPOSITIONS AS TO WHETHER OR NOT THE CITY AND BOROUGH SHOULD INCUR SUCH INDEBTEDNESS AND ISSUE SUCH BONDS FOR SUCH PURPOSES, AS TO WHETHER THE CITY AND BOROUGH SHOULD LEVY A TEMPORARY ONE PERCENT SALES TAX TO PAY PART OF THE DEBT SERVICE ON THE BONDS AND, AS TO WHETHER THE CITY AND BOROUGH SHOULD EXTEND SUCH SALES TAX TO PAY THE COST OF PARKS AND HARBORS IMPROVEMENTS.

    Administrative Report: Attached. The Manager recommended the ordinance be adopted as amended. Mayor Egan noted that Ms. Pierce and Ms. Craver had been instructed to work on language that would be more explanatory than what was actually on the ballot. He said the language was very close and he asked the Manager to convey the Assembly’s thanks.

    Public Participation: None at this time.

    Assembly Action:

    MOTION - by Garrett, to adopt Ordinance 98-30 for the purposes of amendment and he proposed an amendment adding the draft explanatory language presented in the packet as part of the ordinance.

    Mr. Garrett said there was nothing saying what would be put on the ballot referring to the grade level of this school except, in the explanatory language. He said the bonds would last a long time and the school district needed flexibility, but he was curious why it would include in the explanatory language a detail that is not on the ballot. Mr. Palmer said this was the proposal that came to staff from the committee and the Assembly. He said the project that was proposed was a 10th –12th grade high school. Mr. Garrett referred to the deck over at Marine Park which was a result of language on a ballot, even though almost no one still thought it was a good idea, the voters were promised. It does not say in the actual text of the ballot proposition that it is going to be a 10-12 high school so he thought it extraordinarily dangerous to create a little box that in the future may be disputed. Mr. Palmer responded that that would be a political question and not a legal question.

    Ms. Hagevig stated when the leadership team met on this, they discussed the difference between the legal side of the issue and the political side. This was the best language they could come up with in the way of compromise language. She herself was not entirely comfortable because she was not sure the voters would get the clearest of all possible explanations. Part of the discussion and process they have gone through up to this point, is the resolution, as close as they can get to it in the community, that sets what the configuration would be. She understood that part of the concern of the citizens was that they do not like that configuration and would rather see a different one. In effect, what is being proposed is a 1,500-student school. If they build something different, from her perspective, then it needs to be a different kind of ballot issue. She said that down the line, flexibility was one of the things that she sees as beneficial to this particular proposal. It provides the most flexibility for the future in Juneau, but on the other hand, if it takes another direction in order to make the flexibility a reality, she could live with that.

    Mr. Powell said at the leadership meeting, one of many meetings, he felt they had done the best they could with the time allotted. His main concern was that there was over crowding; a lesser concern is the configuration of grades. If that is something that needs to be done to make it simpler, maybe the flexibility needs to be retained and the language referring to the grades should be dropped. He would not be against that.

    Mr. Koelsch said in the 1984 remodel at JDHS, the community was told that it would be a 10-12 when it was re-occupied. As the middle school philosophy came into play, 9th graders moved back in. He did not see that as a major problem, because as the philosophy changes, so does the use of the building.

    AMENDMENT - by Koelsch to insert the word "facility" on page 5, line 6 after "high school".

    Mr. Corso said the term high school appears several places through out the ordinance and he suggested it might be appropriate to write facility after each use.

    AMENDMENT – by Koelsch to add "facility" after high school and for staff to make it appropriate all the way through the document.

    Mr. MacKinnon referred to page 1, line 17, where it would say "a new high school facility with integrated community facilities" and he said that may be too much. Mr. Koelsch said the part that struck him was the first line. Mr. MacKinnon suggested just addressing it in the title and leaving the text as is through out. Mr. Koelsch thought page 5, line 6 needed it to convince him that it would not be just a new high school.

    Mr. Perkins suggested just instructing staff to put in the word "facility" where appropriate with the meaning of Mr. Koelsch’s amendment and not mandating it be put in everywhere it says high school.

    Ms. Muñoz clarified that Mr. Koelsch wanted to make sure it was not implied that a second or third high school was being proposed at this time.

    There being no objection, the amendment was so ordered. Mr. Corso clarified that the changes would occur on page 1, line 17; page 2 , line 13 and 20; page 3, line 4; page 5, line 6; and page 6, line 19.

    AMENDMENT – by Koelsch to add "at Dimond Park" after the word "library" on page 5, line 7. There being no objection, it was so ordered.

    Mr. Koelsch asked why Eaglecrest was not included as there would also be improvements at Eaglecrest. Mr. Corso thought that Eaglecrest was a park or recreation area, but he did not recall whether it was designated as such. Mr. Garrett indicated it was when the Comp Plan was updated.

    Ms. Kiefer indicated it was listed as a special use area, not a park. In the information that was sent to everyone in the community, Harbors, Parks and Eaglecrest were all listed separately. To be consistent with what was sent, it should probably list Eaglecrest as well.

    Mayor Egan clarified that staff agreed with the recommendation to add the word Eaglecrest. There being no objection, it was so ordered.

    Mr. Koelsch thought it would be helpful to have wording in Proposition 1’s explanation that the related facilities consisting of the library, recreation center, gymnasium and swimming pool are planned for joint school and community use. He clarified that that would be on the 1999 ballot. Mayor Egan said no, that it may or may not be on the ballot.

    Mr. Perkins said it may add to confusion to indicate things that may be on the 1999 ballot. Mr. Koelsch said although no one took a vote, there was an indication that somewhere soon the community would be voting on the additional facilities being designed.

    Mayor Egan was concerned that the Assembly had not taken action on this. He said he hated to use any subjective comments that have been made, as language to explain a proposition explanation. There would then be a potential for committing a future Assembly to do that.

    Mr. MacKinnon agreed the current language could mislead people who do not read it in depth or take the time to understand it fully and they may think the other facilities are part of the $55.5M package. He suggesting adding on the last sentence, "the related facilities, consisting of the library, recreation center, gymnasium and swimming pool, are planned for joint school and community use and may appear on a future ballot proposition.

    Mr. Koelsch accepted Mr. MacKinnon’s friendly amendment. There being no objection, it was so ordered.

    Mr. Koelsch said to be consistent on Proposition 3, it should mention Eaglecrest, 2nd paragraph on page 2 of the explanation.

    Mr. Kibby said that if things would be separated out in that manner, a monitory amount should also be shown. Mr. MacKinnon said that Eaglecrest was such a small portion, what he would rather see is adding recreational to the phrase "repairs to a variety of park, recreation, and harbor facilities" because trails are recreation facilities and are not necessarily parks. There may be something else that comes up that may be thrown into this and he did not see a need to specifically name Eaglecrest.

    Mr. Powell and Mr. Kibby agreed that they did not know what would be gained by calling it out. Ms. Hagevig said at the public meeting, these issues were introduced as three separate distinct issues.

    Mr. Powell said his only concern was that without the numbers, it may mislead the reader to think Eaglecrest is a major component, and it really is not.

    Mr. Koelsch stated he would like to leave the language in. Mr. Corso clarified where Eaglecrest would be included. Mr. Koelsch said it would just be added in the explanation, it was added to the ballot previously.

    Mr. Kibby said on the explanation, he would like the appropriate amounts for each added in parentheses so the people understand. Mr. Palmer clarified it should read: Parks and Rec., ($49,585,000) Harbors and Facilities ($5,100,000) and Eaglecrest ($204,000). There being no objection, it was so ordered.

    Mr. Muñoz said for the explanation on Proposition 1, she supported keeping the configuration language in. She thought it important that the public understand what the configuration of the new high school would be. She said the 8th and 9th grade population would be affected if this passes so she thought it needed to be clear to the voters what would happen with that group of kids. She said in the last sentence of the first paragraph, she would like to see "The existing JDHS will house the community’s 8th and 9th graders."

    Ms. Hagevig concurred and said at the leadership meeting discussion, they talked in terms of that building housing them but actually how they were configured within that building was something that the school board could determine. The important thing was that they would both be housed in that building.

    Mary Rubadeau, Superintendent, came forward. She said this is a critical bond issue for the future of Juneau. The issue before the voters is a new facility to house high school students in Juneau. Very definitely, she thought it important to get that information out in terms of the explanation that this building would open as 10-12th because it is being built for 1,500 student. That means that 9th grade students in Juneau need to be housed at JDHS. That is for certain. The whole decision about what to do with 8th graders is a much greater uncertainty and does not need to be addressed in the context of the bond proposition. They are looking at what will be done with Sr. High students, grade 9-12. The middle school students, grades 6-8, are housed in two middle schools which are closing in on capacity. If this proposition passes, it would ease some of that problem for middle school but those decisions of how to reconfigure or take overflow from middle school will be made on into the future. The board could approve of a charter middle school program where that facility could house an optional program for grades 6-8, whatever would alleviate over crowding of the two middle schools. Those decisions do need to be left for flexibility into the future. To put on this ballot proposition, even in the explanation, that JDHS would be used for grades 8-9 is not correct information out to the public. For absolute certain, JDHS will be used for grade 9 as there will be over 500 9th graders located there. There will then be space to expand. Optional programs are expanding by leaps and bounds.

    Ms. Muñoz said at the last work session on this issue, it was related to the Assembly that JDHS would convert to a facility for 8th and 9th graders. If that is not the case, the Assembly needs to know that.

    Ms. Rubadeau responded that the real burden right now on the school district is to get the information out. The information really has to focus on the 9th-12th population. This has always been a high school bond initiative and how to alleviate over crowding on the middle schools is something that will have to be looked at in the future. One of the beauties of this ballot proposition, is that it does buy flexibility on the middle school for another 3-5 years. If we went for a smaller high school bond proposition, the district would be right back to the voters in two years looking at another middle school bond proposition. We are an expanding community and the middle schools are close to capacity right now. She said she would not preconceive how the middle school population would be accommodated in this explanation. An 8th-9th configuration may not be the best idea and she thought it was presented to the Assembly in the spirit of an idea. The focus has to be on the high school and the middle school situation is future planning. The crisis planning is on the high school.

    Ms. Muñoz still thought there should be some explanation about JDHS in the explanation. Mr. Garrett asked Ms. Rubadeau how many high school students Juneau would have in ten years, at current projections. Ms. Rubadeau said their five-year projection was 2,100 9th-12th grade students. They will open the new 1,500 capacity facility at about 1,400 and there would be over 500 9th graders. At JDHS there will be about 560 9th graders. There would still be capacity at JDHS for another 500 students. Mr. Garrett said the last significant high school expansion in this community was in 1956; 42 years ago. We are building a building that we are probably not going to build again for 30-40 years. Twenty years from now, when there is 2,500 high school student in this town, the old JDHS is going to be a high school because that would be the only choice the board would have. To lock in all this stuff in a ballot is not fair to the school board as they need the flexibility to do what is right for the students of the community with all the facilities that they have.

    Ms. Hagevig agreed with everyone and said one of the things that attracted her to the proposal was the kind of flexibility it gave for the future. When people vote on this, they need to understand and either agree or not. Her fear has been that the idea may end up like the police station scenario; to give something for the people to decide not to vote for. She suggested language in the explanation that says the initial use will be for 8th and 9th graders, however, the school board may, at a future date, decide to, in the exercise of it’s responsibility to the public, bring forward some other option.

    Mr. Powell agreed with Ms. Muñoz that there should be something in the explanation about what would happen to JDHS. He also agreed with Ms. Rubadeau that it would be premature to put anything so specific as to say it would be 8th-9th. He suggested language to say JDHS will continue to be used for certain configurations of grades, depending upon population, demographics and other concerns.

    Mr. MacKinnon agreed with Ms. Muñoz’s initial thought, that 8th – 9th was what was brought forward to the Assembly after two public sessions. That was the direction of those hundreds of public members. As he reads the explanation in Prop. 1, there was nothing that would prevent the school district from building the new high school facility for grades 10-12 and keeping the existing high school facility for grades 9 – 12 and having two high schools which would not be the direction that came out of those meetings.

    Mayor Egan said there had been a lot of discussion about the wording for 89-52, the port bond. An idea was submitted to the voters’ four years ago on a police station and it was defeated. When the Assembly came back with a plan, it passed. A big concern is that members do not want it to be an idea, they want it to be a plan and they want to make sure the people involved in bringing this to fruition, make it a plan and not change the idea. The only way it will pass is if there is a plan and not a concept or idea.

    Mr. Kibby asked if Ms. Rubadeau gave to the Assembly a plan or a concept. Ms. Rubadeau said she would submit for the Assembly’s consideration that 99.9% of planning on this project has been for grades 9-12. Once the direction came out of the community forum to look at the 10-12 configuration, very little consideration was given for then what was going to happen to JDHS other than it would house 9th graders and potentially be available to use for overflow middle school, which, the initial concept was 8th graders. To put that in as a well thought out plan for the future of Juneau, she thought was also misleading of citizens of Juneau. There undoubtedly are better ways to accommodate the growth at the middle school than to configure a 8-9. She thought the community at large would like to have discussions about how to reconfigure grades in the community. This bond proposition is really on focus of the over crowding at the high school; the populations 9-12. To start talking about middle school and mixing and creating new Jr. high schools creates a whole other layer of ambiguity and causes more confusion. To keep the greatest amount of clarity, it really needs to talk about the new high school at Dimond Park, grades 10-12. Ninth graders will be accommodated at JDHS, which does not require any major renovations, and there still will be space to accommodate other district needs.

    Mayor Egan spoke on behalf of the Assembly and said there is a vast majority of the people who do not attend COW, School Board meetings, workshops, community activist groups and do not read the explanations. If there is not an answer when the campaign is going on, then we are dooming ourselves. He said right now he is trying to reach some sort of compromise so that the district and everybody involved in promoting the project, can have a definitive answer when the question arises.

    Ms. Rubadeau said it was one of the key questions addressed in the information brochure that was approved by the leadership team. Mayor Egan said that was his point, the vast majority of the community was not on the leadership team and the question is still there, how did you reach the decision, how is this going to affect me and why is $55,000,000 necessary.

    Mr. Kibby said he did not want to be put into the position of dictating what the plan is going to be when the Assembly really was not given a plan. They are given the situation of either getting the funds and building the high school or getting it on board regardless of a plan. There is not doubt about the fact that the high school is in critical mass. He had to in good faith hope that they get their act together and come up with a plan.

    Mr. Palmer suggested an additional sentence on Proposition 1, before the last sentence of the first paragraph: "The existing JDHS facility will remain in service to meet other district educational needs." It would not say the configuration but it lets people know the existing facility is still going to be there in service.

    Mr. Perkins asked if Ms. Muñoz had made a motion. She said she did not, it was an idea. The 8th – 9th grade population will be affected and a neutral statement would be fine.

    Mr. Perkins thought the best way of getting around this and addressing it in the proposition explanation would be to go along the line that Mr. Palmer suggested. To lock in things will cause this to be defeated.

    MOTION – by Powell, that at the end of the first explanation paragraph under Proposition 1, insert the sentence "The existing JDHS will house the communities 9th graders and may house additional middle school age students as the school board responds to overcrowding at Juneau’s two middle schools. There being no objection, it was so ordered.

    Mayor Egan asked if the Assembly wished to discuss the funding split. Mr. Palmer said the language was based on previous ballot measures when an issue was based on the possibility of a state reimbursement. Mayor Egan said then it was known that the split would not be lower than 70-30. Now, there is no guarantee it will be 70-30 or even 60-40. He thought it was a false sense of security saying if the legislature funds it, it will be 0 as that is not true. If the legislature funds it, it could be anything.

    Mayor Egan passed the gavel to Mr. MacKinnon.

    AMENDMENTby Mr. Egan, to include language at the appropriate location that the funding is based on a 70% appropriation from the legislature in Propositions 1 and 2.

    Mr. Palmer clarified that in each of the explanations it should say "Based on a 70 – 30 split, we estimate the tax impact would be X amount. The actual impact would vary based on the actual funding."

    Ms. Hagevig thought it should include that we are eligible for a 70-30 split. Mr. Perkins said on page 6 of Proposition 2, line 22, staff says in Proposition 2 that under certain statute, certain school projects may qualify in whole or in part for up to 70%. Mr. Egan said people would not read the ordinance, they are not voting on 98-30, they are voting on the ballot explanation. The explanation has to be as clear as possible. The ordinance is to satisfy bond council, the explanation is to satisfy the voter. For the bond council to come to us and say this is the most complicated initiative they have ever worked on, it must be made readable for the public.

    Ms. Miller clarified Ms. Hagevig's suggestion of eligibility would be included in the motion.

    Mr. Palmer stated the language would be changed: Proposition 1 explanation, in the second paragraph, second sentence, after debt, insert "at a 70% level of eligible cost", and continue with the rest of the sentence. On Proposition 2, the second paragraph, first sentence, after debt, insert "at 70 % of eligible expense," and continue with the rest of the sentence.

    There being no objection, it was so ordered.

    MOTION - by Mr. Egan, in the last paragraph on Proposition 3, in the first sentence, to correct the grammatical error and put "also" before "approved". There being no objection, it was so ordered.

    Mr. Egan resumed his seat as Mayor.

    B R E A K

    5 minutes

    2. 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. Mr. Palmer said the ordinance title needed to be amended to include parks and playground safety repairs. He recommended that this ordinance be adopted as amended.

    Public Testimony: None

    Assembly Action:

    MOTION – by MacKinnon, to adopt Ordinance 98-17 (B) as amended and he asked unanimous consent. There being no objection, it was so ordered.

    3. 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 adopted.

    Public Testimony: None

    Assembly Action:

    MOTION – by MacKinnon to adopt Ordinance 98-17 (C) for the purpose of discussion.

    Mr. MacKinnon thought $100,000 was a lot for design of a very short piece of pipe replacement. Mr. Palmer expected it was a ball park estimate based on the fact that it is on a bridge and will not be as simple as something that is not suspended under a bridge. They will negotiate for a design contract and anything that is not used will be available for the fix.

    Mr. Perkins said on the attached memorandum, last paragraph of the first page, it states that due to the fact that failure could result in long term water outages in this area of town, he would recommend finding funding for $50,000 and initiate a CIP project for the design.

    AMENDMENT – by Garrett, reduce the ordinance to $50,000 as an appropriation for design. There being no objection, it was so ordered.

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

    4. 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 adopted.

    Public Testimony: None

    Assembly Action:

    MOTION – by Hagevig, to adopt Ordinance 98-17 (D), and she asked unanimous consent. There being no objection, it was so ordered.

    5. 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 adopted.

    Public Testimony: None

    Assembly Action:

    MOTION – by Kibby, to adopt Ordinance 98-17 (E), and he asked unanimous consent. There being no objection, it was so ordered.

  3. UNFINISHED BUSINESS - None
  4. NEW BUSINESS

    1. Howard Hayes’ Appeal of Planning Commission approval of the Final Plat for Alaska Juneau Subdivision IV-II (SUB98-00035).

Mr. Kibby stepped down stating he had a conflict of interest.

MOTION – by MacKinnon that the Assembly accept the appeal. There being no objection, it was so ordered.

MOTION – by MacKinnon, that the Assembly hear the appeal itself. There being no objection, it was so ordered.

MOTION – by MacKinnon, that since the Assembly is hearing the appeal, the Mayor designate a member as the presiding officer. Mr. Garrett volunteered to be the presiding officer. There being no objection, it was so ordered.

Mr. Kibby returned to his seat on the panel.

  1. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS
  2. A. Manager’s Report - Action Items - None

    B. Manager’s Report - Information Items - None

    C. Attorney’s Report - None

  3. 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 added one item, the golf course development, to the revised pending items which would be scheduled for the COW in early Sept. The designer would be in town and would like to make a presentation. Because the 7th was a holiday, Mr. MacKinnon said it would be either the 2nd or the 9th.

2. Finance Committee -

Mr. Perkins said Wednesday, August 19, there would be a meeting at 5p.m. The items would be tourism staffing, video coverage of Assembly Meetings, the JEDC funds for Silver Bay/SAGA and Mr. Palmer will be giving a report on the Y2K concerns that the CBJ has. Mr. Perkins noted that he would like to keep the Golf Course on the revised pending items list.

3. Committee on Committees -

Mr. Powell said they met today at noon and had a report from the Juneau International Relations Advisory Committee. They have been very active keeping up relations with sister cities. They reported and requested that the resolution creating them be changed and modified. One of the clarifications is the relationship between them and sister cities in that program.

Mr. Powell said the Housing Advisory Committee, the Social Services Advisory Board and the Waste Management Committee would continue to be advertised for more applicants. The following names were brought forward

Commission on Aging: Donna Ward

Americans with Disabilities: Ms. Schmitz, and Rita Bowen

Energy Advisory Committee: Charlie Ford

Fisheries Development Committee: Cynthia Glover

Human Rights Commission: Jane Andrin

4. Human Resources Committee -

Ms. Muñoz said there was no meeting scheduled and she had nothing to report.

5. Lands & Resources Committee -

Mr. Kibby said without objection, he asked if the Taku Resolution that was passed this evening be forwarded to the Secretary of Agriculture, Mr. Glickman, Chief Forester, Regional Forester, our Congressional Delegation, the Governor and special interest groups that we have heard or worked with in the past. There being no objection, it was so ordered.

Mr. Kibby reported at the last Lands meeting, they were dealing with the Tlingit and Haida Subdivision at Thunder Mountain. It was moved to prepare an ordinance to repeal the ordinance that was enacted last year for Tlingit and Haida to acquire the 14 lots. Tlingit and Haida had requested to buy those lots at a reduced rate and out side of the property taxes. The committee said no and letters are being written to them on behalf of the committee. Mr. Kibby asked if there was any direction different than what was given through the ordinance. He said they are proceeding looking for fair market value for the lots and enhanced tax base.

Mr. Kibby went on to say that he and Ernie Polley had worked several years ago to come up with a timber policy whereby the CBJ could supply X amount of timber to the local mills. At that time, timber prices were high and substantial for export and it was not economically viable for the locals to compete with the export market. Things have changed. There is a particular down of timber in the Lemon Creek area and he asked how the body would feel if the Lands Committee developed some sort of policy to look at areas where there is timber that could augment the local milling and manufacturing. There was no objection.

6. Public Works & Facilities Committee -

Mr. Garrett reported that project signs would begin to be seen around town with detailed information about the project. He said in September, they would be presented with a design for the Orca Park Pedestrian Walkway between Orca Park and Douglas Highway. The next meeting would be September 23rd.

    1. Strategic Policy Committee –

Ms. Hagevig said there was no meeting scheduled and she had nothing to report.

B. Board Liaison Reports

Mayor Egan said the Alaska Committee would meet Wednesday at 7 a.m. in the JEDC Conference Room to get a report on their negotiations with Alaska Airlines and also a report on the Tanana Valley Fair.

Mr. Powell asked Mr. Palmer to make sure the architect that was coming to talk about the golf course meets with the Wetland Review Board. He added that he attended the Watershed Partnership Group in the Valley and that group has formed sub-committees. There will be a meeting on Tuesday Sept. 1st and he hoped to attend.

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Mr. Koelsch noted that the landscaping and painting at the Jackie Renninger Pipeline Park greatly improved the facility.

    MOTION by Koelsch, that the CBJ provide complimentary bus passes to the 15 foreign exchange students at JDHS and the UAS, and he asked unanimous consent. There being no objection, it was so ordered.

    Mr. Perkins reported on his trip to the Tanana Fair. He noted they were very well received and there were only a few comments about moving the capital. The majority was appreciative that we would come up in between election time. He thanked the Assembly for allowing him to attend. Mayor Egan thanked him for his participation.

    Ms. Muñoz referred to Mary Jordan’s request and she hoped the Manager would begin working with Ms. Jordan on a written agreement for the caretaker position at the rifle range. Mr. Palmer said he would contact the board and he added that the way the resolution is written, he follows the recommendation of the advisory board. They would decide who they want and he would negotiate the deal on their behalf; so far he has not heard from them but will talk with them. Mr. Perkins said under Section 9, it talks about being no later than June 1, 1998 that the committee submit a written report to the clerk making recommendations. He asked if the committee continued to exist. Ms. Miller said that what had been provided to the Assembly members was the initial establishing resolution and there was a recent resolution to extend for one year. Ms. Muñoz asked if the resolution specifically stated that it is the board’s purview in hiring a caretaker. Mr. Palmer referred to the second page, under Section 4 E. Ms. Muñoz asked Mr. Palmer to follow up and resolve the issue. She asked that the Manager report back to the full Assembly and that Ms. Jordan be informed. Mr. Kibby spoke on behalf of Ms. Jordan and said that it is a very honorable position and Ms. Jordan gives a lot of time. He asked that Mr. Palmer work on the issue most expeditiously.

    Mr. Kibby referred to an article in the newspaper about the Planning Commission. He said there is a Planning Commission that has served the community for that past 7-8 years and has done an incredible task. More often than not, they put in more time than the Assembly body does. He himself sat on the board through the Kennsington and A.J. large mine permits. There should be some sort of recognition that comes forward from the Assembly for the Commissioners. He asked the Assembly to look at the time they are putting in and the small stipend that they are working with. Mayor Egan said nothing had been presented by staff. Mr. Kibby said it could not come before the Assembly prior to this, now is the time that the Assembly can express it’s gratitude to these people for all the years of service that they went through with the large mine permit process. Mr. Powell agreed it was a good idea to recognize folks that serve a lot in the community. He added that there is a long list of people who want to serve on the Planning Commission. He hoped that more people would come forward and continue to give their time to the community in that way. Ms. Hagevig said she spoke with Mr. Sorensen and the thing he mentioned was that they had made a request that the stipend be viewed and reevaluated; it never got out of the CDD. She thought this body should have had an opportunity to make a policy decision. She said in the future, when requests are generated, they should come before the Assembly. Mr. Palmer asked if there had been a motion of the Planning Commission. Mayor Egan indicated yes, but it never got to the Assembly. Mr. Palmer also never received it and said he would follow up on it. Mr. Kibby said as the Planning Commission liaison, he would like to see some sort of recognition to the Planning Commissioners and he volunteered to help. Mr. Palmer was directed by Mayor Egan to report at the next meeting what exactly had happened.

    Ms. Hagevig mentioned that the Municipal League Board would have their summer meeting in Sitka on August 27-28 and Southeast Conference would meet in Wrangell September 22 – 24.

    MOTION – by Hagevig to support the request to send two delegates of the Commission on Aging to Anchorage.

    Mr. Powell asked if that had been done before and Mr. Palmer was not aware of any other time. Ms Hagevig said the Assembly had done it for other groups and Mayor Egan said only one other time, for International Relations but it came out of their budget. Because they had spent their budget, the Assembly approved travel for the chair to go to Whitehorse. Ms. Hagevig said much of the work the Juneau Commission on Aging does has a direct relationship to what happens to the state body. If our group is going to have any serious input into that, they ought to be able to participate at those meetings. Mayor Egan asked if there was a chance to get state money and Ms. Hagevig thought not. Mr. Perkins whole heartedly supported representation but he said he could only support one person going up. He had a concern about precedence with other groups coming in and wanting money. He asked where the revenue source would come from. Mr. MacKinnon shared Mr. Perkins concerns, but not specifically for this particular trip or cause. He said there were 30 some boards and commission and if the Assembly starts with trips here and there, it could add up very quickly. He said he would reluctantly support one. Ms. Hagevig said that some of the boards and commissions have a liaison relationship with their state counterpart and some of them are truly much more local. Certainly this is local but they have a relationship with the state.

    AMENDMENT – by Hagevig, to request a round trip ticket for one person. There being no objection, it was so ordered.

    Mr. Powell asked Mr. Palmer about the drywall and paint that was peeling in the outer hall. He said since this was a public facility, it would be nice to have it taken care of. Mr. Palmer said the maintenance people have been trying to determine the source of the water that is causing the problem.

    Mayor Egan reminded everyone that the Southeast Mayors would be meeting in Sitka on the 26th and on the morning of the 27, and the Alaska Conference of Mayors would be meeting in conjunction with the Alaska Municipal League Board on the 27th and 28th. Mayor Egan thanked Ms. Pierce and Ms. Craver for all the work they put into the ballot ordinance. He reminded everyone that the Salmon Derby would be Friday through Sunday and said this derby had been dedicated to a former Mayor in Juneau, the grandfather of the Salmon Derby, Larry Parker. On behalf of the Assembly, Mayor Egan presented them with a proclamation.

    Ms. Miller reminded everyone that the nomination packet were available in the Municipal Clerks office. The nominating period began today and goes through the 22nd of this month at 4:30. She added that for the State of Alaska primary on August 25th, people can vote absentee in person during the business hours at the Capital Plaza Building, 1st floor. Some advertising indicated it would be at the Municipal Clerks Office but all they have available is the absentee mail in application for both the State and Municipal elections. Mayor Egan said the JPD had posted 15 minute parking zones for ease of voting.

  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 9:30 p.m.

 

Signed: ________________________________

Mayor Egan

 

Countersigned: ________________________________

Marian Miller, Clerk