THE CITY AND BOROUGH OF JUNEAU, ALASKA

SEPTEMBER 21, 1998

MEETING NO. 98-32: 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 Acting Mayor Kibby.

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

    Assembly Absent: Egan, Hagevig, and MacKinnon

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Joe Graham, Port Director; Christine Blackgoat, Health and Social Services Director; Mike Rody, Housing Coordinator

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

  7. MANAGER’S REQUEST FOR AGENDA CHANGES
  8. Mr. Palmer stated that Mayor Egan requested Ordinance 98-17 (N) be included on the consent agenda for introduction.

  9. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  10. Evelyn Stott, 4112 Birch Lane, testified as a former CBJ employee. She said she gave eight years of her life in service to the CBJ, it’s citizens and the Assembly. She felt forced in April to resign from a job that she loved due to what she considered to be unfair labor practices that were used against her. She said the Manager, Mr. Palmer, had written to her that "unfair labor practices are issues that apply to unions and employers who are parties to collective bargaining contracts. Since she was not a represented member, unfair labor practice procedures did not apply." She had not been allowed to become a union member because she worked for the Dept. of Administration. It did not matter that she was the lowest paid person within this dept. nor that she was only classified as a Secretary I, the lowest paid secretary in the CBJ personnel system. She said the Assembly had seen correspondence between herself and the Manager regarding her resignation. Contained in that correspondence were unfounded accusations made by Mr. Palmer. Mr. Palmer had not responded to her requests to provide additional information regarding those accusations. She then wrote to each and every Assembly member requesting assistance in getting the Manager to respond to her. She requested each member contact her to let her know of anything they could do to assist her. Tonight, she wanted to report that she still had received no response from Mr. Palmer and that only one Assembly member, Mr. Dwight Perkins, had bothered to respond to her request. Mr. Perkins does not know if he can help, but at least he responded. She publicly thanked him for his response and stated she was disappointed in the rest of the members. The Assembly members are public servants and when she, as a member of the public, requested assistance, no one found the time to respond. She said she felt the reason Mr. Palmer had not responded to her was because he could not support his statements against her. He put information into her personnel file, which she believes is false. He has written to her that those are the facts as he understands them to be and he refuses to provide verification to the so-called facts.

    Mr. Perkins asked Ms. Stott what she was looking for for relief. Ms. Stott said all she wanted was for Mr. Palmer to support the accusations and prove they exist or remove them from her personnel file.

  11. CONSENT AGENDA

Mr. Garrett requested the removal of ordinance A-3, the item added by the Manager.

MOTION - by Garrett, to approve the Consent Agenda as amended by deleting ordinance 98-17 (N), and he asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

1. Ordinance No. 98-17 (L)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $71,552 TO EXPAND OUTPATIENT SERVICES FOR CHEMICALLY DEPENDENT WOMEN AND THEIR DEPENDENT CHILDREN. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

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

    1. Ordinance No. 98-17 (M)

AN ORIDNANCE APPROPRIATING TO THE MANAGER THE SUM OF $1,000 FOR THE JUNEAU TEEN HEALTH CENTER. SUCH FUNDS PROVIDED BY THE ALASKA STATE CHAPTER OF THE MARCH OF DIMES.

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. 1953

A RESOLUTION SETTING FORTH THE CAPITAL IMPROVEMENT PROJECTS REQUESTED BY THE CITY AND BOROUGH OF JUNEAU FOR FUNDING IN FISCAL YEAR 2000 UNDER THE MUNICIPAL CAPITAL PROJECT MATCHING GRANT PROGRAM ADMINISTERED BY THE STATE OF ALASKA PURSUANT TO AS 37.06.

Administrative Report: Attached. The Manager recommended that this resolution be adopted and submitted to the State of Alaska Department of Administration.

    1. Resolution No. 1956

A RESOLUTION AMENDING THE PERSONNEL RULES TO DEFINE DEMOTION.

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

C. Bid Awards

1. Contract No. E99-066: Shattuck Way Reconstruction

Administrative Report: Attached. The Manager recommended award of this project to Glacier State Contractors, Inc. in the amount bid, for a total award of $387,143.00.

    1. Transfer Request

    1. Transfer No T-653: Transfers $15,008 from Essential Building Repairs (CIP P396-06) to Youth Center Men’s Restroom Repair (CIP D374-57).

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

    1. Liquor Licenses

    1. Two Year Renewals:
    2. Beverage Dispensary:

      The Bubble Room – The Baranof

      The New Penthouse

      Tabby’s Sports Lounge

      The Valley Restaurant

    3. New License:

Beverage Dispensary:

The Rainforest Restaurant/Mt. Roberts Tramway Limited Partnership: Goldbelt Aerial Tramway, Inc.; Joseph M. Beedle – President GATI, Robert R. Martin – Vice President GATI, David Goade – Sec/Treas. GATI; Upper Tramway Building – 1800 Foot Level; mail: 9097 Glacier HWY, Ste 200, Juneau, AK 99801.

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

A3. Ordinance No. 98-17 (N)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $100,000 FOR DISTRIBUTION TO THE SOUTHEAST CONFERENCE FOR THE PURPOSE OF CONDUCTING A SOCIO-ECONOMIC STUDY OF SOUTHEAST ALASKA. SUCH FUNDS PROVIDED BY THE U.S. DEPARTMENT OF AGRICULTURE – ALASKA ECONOMIC DISASTER FUND.

Administrative Report: None

Assembly Action

MOTION – by Garrett, to introduce Ordinance No. 98-17 (N), setting the public hearing date for Monday the second of November. There being no objection, it was so ordered.

  1. ORDINANCES FOR PUBLIC HEARING

1. Ordinance No. 98-31

AN ORDINANCE AMENDING THE PURCHASING CODE TO ESTABLISH A TEMPORARY EXEMPTION FOR GOODS AND SERVICES NECESSARY TO PREVENT OR CORRECT PROBLEMS ASSOCIATED WITH INFORMATION TECHNOLOGY AND THE YEAR 2000.

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

Public Participation: None

Assembly Action:

MOTION - by Powell, to adopt ordinance 98-31 and he asked unanimous consent.

Mr. Garrett asked if it was enough time to have this ordinance effective only mid-way through the year 2000. Mr. Palmer said he was not sure the ordinance was needed at all but it would be good to have the exemption available. He felt any of the emergency purchases would occur before this period of time.

There being no objection, it was so ordered.

2. Ordinance No. 98-32

AN ORDINANCE REPEALING ORDINANCE NO. 97-21 REGARDING ACTION BY THE MANAGER TO MAKE CERTAIN CITY AND BOROUGH SUBDIVISION LOTS IN THE S’IT’TUWAN SUBDIVISION AVAILABLE TO HAA YAKAAWU, ALSO KNOWN AS TLINGIT-HAIDA REGIONAL HOUSING AUTHORITY, FOR THE CONSTRUCTION AND SALE OF HOUSING UNITS.

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

Public Participation: None

Assembly Action:

MOTION - by Powell, to adopt ordinance 98-32 and he asked unanimous consent. There being no objection, it was so ordered.

3. Ordinance No. 98-17 (G)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $619,400 FOR THE JUNEAU ECONOMIC DEVELOPMENT COUNCIL’S (JEDC) SOUTHEAST ALASKA REVOLVING LOAN FUND. SUCH FUNDS PROVIDED BY THE U.S. DEPARTMENT OF AGRICULTURE – ALASKA ECONOMIC DISASTER FUND.

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

Public Participation: None

Assembly Action:

MOTION - by Perkins, to adopt ordinance no. 98-17(G), and he asked unanimous consent. There being no objection, it was so ordered.

4. Ordinance No. 98-17 (H)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $5,000 FOR MATERIALS AND SUPPLIES FOR THE ZACH GORDON YOUTH CENTER AND $2,000 FOR MATERIALS AND SUPPLIES FOR THE PIPELINE SKATE PARK. SUCH FUNDS PROVIDED BY A DONATION FROM THE ROYAL CARIBBEAN CRUISES LTD.

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

Public Participation: None

Assembly Action:

MOTION - by Powell, to adopt ordinance 98-17 (H), and he asked unanimous consent. There being no objection, it was so ordered.

5. Ordinance No. 98-17 (I)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $131,300 FOR THE YEAR 2000 PROGRAM. SUCH FUNDS PROVIDED BY SALES TAX BUDGET RESERVE.

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

Public Participation: None

Assembly Action:

MOTION - by Koeslch, to adopt ordinance 98-17 (I), and he asked unanimous consent.

Mr. Perkins asked if Mr. Palmer was able to find a pool of applicants locally. Mr. Palmer said they had three strong finalists, all from Juneau, and they picked one of them.

Mr. Powell asked for quarterly reports, into the next year, appraising the members of how the deadlines were being met.

There being no objection, it was so ordered.

6. Ordinance No. 98-17 (J)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $60,000 FOR THE DOUGLAS HARBOR FLOAT ADDITION PROJECT. SUCH FUNDS PROVIDED BY THE HARBORS CONTINGENCY FUND.

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

Public Participation: None

Assembly Action:

MOTION - by Muñoz, to adopt ordinance no. 98-17 (J), and she asked unanimous consent.

Mr. Powell asked Mr. Graham the balance of that fund. Mr. Graham said approximately $100,000 would be remaining in the fund after the $60,000 was dispensed. Mr. Powell asked if there was any plans for that money. Mr. Graham said it is a contingency fund, it is a budget line item for these sorts of things. There are a few small projects that the Harbor Board has been discussing, but there has been nothing conclusive yet. Mr. Powell thanked Mr. Graham for the way things were getting done this year.

Mr. Perkins asked Mr. Graham about when a bid comes in hirer than an estimate, what the rational was in determining taking the money that is the lowest bid and not tossing it out and re-bidding the project. Mr. Graham said this was an unusual bid package in that the bid documents were formulated so that an opportunity existed for Alaska manufacturers to fabricate the floats. It was a particular fabrication process and design that they were looking for. It did not happen that way and there was an opportunity to continue with that design or redesign the project components and re-bid. The board thought it was appropriate to go ahead with that particular design so far as they were for Alaska style floats. Instead of going out to re-bid, the board decided to come up with the additional money so the stronger floats would be available.

There being no objection, it was so ordered.

    1. Ordinance No. 98-17 (K)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $9,692 TO REPAIR THE MEN’S RESTROOM AT THE ZACH GORDON YOUTH CENTER. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF ADMINISTRATION.

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

Public Participation: None

Assembly Action:

MOTION - by Koelsch, to adopt ordinance 98-17 (K), and he asked unanimous consent. There being no objection, it was so ordered.

  1. UNFINISHED BUSINESS - None
  2. NEW BUSINESS - None
  3. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items

B. Manager’s Report - Information Items

    1. Mr. Palmer announced that the environmentalists working on the close out plan on behalf of Echo Bay, had submitted the public review draft of the close out plan for the mine. The document would be in the libraries and two copies will be at City Hall. It explains the closing plan and the water monitoring that will occur in the short term and in the long term, how the mine will be closed out. They worked with several state agencies and after the comments come in, the State will adopt the plan as the final plan. The federal issue, regarding the discharge permit and testing requirements, will go on for the next four to five years, after which the city takes it over. Mr. Palmer referred to his memo regarding the testing of samples.

Mr. Powell asked how long the public review comment period was. Mr. Palmer was not sure. Mr. Powell asked the next step in the close out process. Mr. Palmer said this should about do it. EPA has issued the NPDES permit. Once the State and the environmentalist agree on the close out plan, they are basically done with the permitting issues. Next comes implementation.

Mr. Kibby asked what staff member would be following this. Mr. Palmer said that Steve Gilbertson had taken the lead. Mr. Palmer and Mr. Corso spent a fair amount of time working on this as well. Some of the comments have been reviewed by Ms. Keiser.

C. Attorney’s Report - None

  1. MAYOR’S REPORT ON NON-AGENDA ITEMS

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

  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS

A. Committee Reports

1. Committee of the Whole – no report

2. Finance Committee – Mr. Perkins had nothing to report.

3. Committee on Committees

Mr. Powell had the following appointments for confirmation

MOTION – by Powell, to confirm the appointment of Ruth Pickrel Deal to the Eaglecrest Ski Area Board of Directors. There being no objection, it was so ordered.

MOTION – by Powell, to confirm the appointment of Charles O. Carlson, Katheryn A. Cohen and Ari Sassi to the Historic Resources Advisory Committee. There being no objection, it was so ordered.

MOTION – by Powell, to confirm the appointment of Lisa Mielke and John Haas to the Housing Advisory Committee. There being no objection, it was so ordered.

MOTION – by Powell, to confirm the appointment of Craig E. Dahl to the Juneau Economic Development Council. There being no objection, it was so ordered.

MOTION – by Powell to confirm the appointment of Peggie Garrison, Dennis Meiners and Shawn Paul to the Tourism Advisory Committee. There being no objection, it was so ordered.

MOTIONby Powell, to confirm the appointment of Jack T. Hill to the Waste Management Committee. There being no objection, it was so ordered.

4. Human Resources Committee – Ms. Muñoz had nothing to report.

    1. Lands & Resources Committee – Mr. Kibby reported the meeting for Wednesday had been cancelled and deferred to Tuesday the 29th at noon. They would be discussing the Draft Land Management Plan. He stated there would also be a joint Transportation Committee and Public Works Facilities Committee meeting, Wednesday the 23rd, at noon in the Chambers. There will also be, by the Transportation Committee, a public hearing workshop that same evening at 6 p.m. in the Chambers. Mr. Perkins asked if the discussion would be the same at each meeting. Mr. Kibby said as far as the assessment process goes, it was his understanding that this would be the only public hearing.
    2. Mr. Garrett asked if it would be the revision to the Land Disposal Plan they would be discussing. Mr. Kibby said the Land Disposal Plan was part of the draft Land Management Plan. The revision is what they had been working on and it was hard to work on just the disposal plan without going back and revising and reassessing the Land Management Plan itself.

    3. Public Works & Facilities Committee – Mr. Garrett encouraged the public to be involved in the joint transportation/public works meeting as this would be the public’s opportunity to speak. Mr. Garrett said in discussion with Ms. Sally Rue and Ms. Muñoz, he got the idea to develop a steering committee to develop a masterplan for the downtown education complex. There was a lot work put into Dimond Park and that same sort of work has not been done downtown. He encouraged anyone interested in serving on that committee to let him know. He thought they might need some money out of the budget. He said he envisioned a joint committee of the Assembly, the School Board, and neighborhood residents.

Mr. Powell was intrigued and said there was a lot of criticism that this community does not plan out far enough for the schools. He wondered if the discussion should only be contained to downtown or if it should be for the whole community. Ms. Muñoz said this would be a master planning effort similar to the one done for Dimond Park. Mr. Powell thought the complaints were that maybe the city should have been more comprehensive in their planning when considering Dimond Park. He supports the idea of a masterplan in the downtown area. Ms. Muñoz thought it was a great idea and strongly supports it.

Mr. Kibby suggested that Mr. Garrett takes these comments to the committee and report back.

7. Strategic Policy Committee – no report

B. Board Liaison Reports – no report

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Mr. Koelsch thanked Mr. Palmer for his response on litter and smoking citations around the High School. He walked by this morning and thought there may be more attention that could be put on there, but he appreciated the response. Mr. Koelsch said he felt awkward when Ms. Stott gave her testimony. He asked the ruling, as far as matters of personnel, that come before the Assembly. Mr. Corso said that generally the Assembly is not free to enter into pending personnel disputes. They are either a matter of resolution through the union grievance process or through the personnel board. He said he was not certain of the exact status of any grievance or appeal pending currently. Mr. Koelsch asked if that would be an instance of going into executive session because of personnel. Mr. Corso said it is an instance where if there is a pending grievance or pending appeal, the Assembly simply stay out of it. The Assembly is restricted in its ability to manage personnel matters that are under the direction of the Manager. It is one of the few restriction on the Assembly that is contained in the Charter, but it depends on whether or not there is a pending controversy. Mr. Palmer noted that Ms. Stott does not work for the city and that she voluntarily resigned. She does not have any pending action before the personnel board or any other agency at the city, as far as he knew. He said her comments were directed toward a letter he wrote in response to a letter that she wrote after she quite. He did not initiate anything. He felt the reason she did not hear from any of the Assembly members was because they could see that he, as the Manager, had responded. Mr. Powell clarified it would have been inappropriate for Assembly members, after receiving a letter from her, to reply to the letter. Mr. Corso cautioned that it would not have been improper, if there were not a pending dispute for the Assembly to interfere with. If the Assembly proposed to discuss this matter in executive session, it would be required to contact the subject first and ask her if she wants an executive or open session. Mr. Corso continued that as a general theme, the Assembly should be cautious about entering into and becoming involved in matters of supervision between the Manager and his staff. Mr. Powell said he also was uncomfortable with the situation. Mr. Perkins asked that, because she is no longer an employee of CBJ, would she be allowed to grieve this to the personnel board. Mr. Palmer said she voluntarily resigned and he would be happy to sit down with her about anything specific in the letter he wrote to her. Mr. Palmer added that it would be a legal question for her lawyer to advise her on whether or not she could do a formal grievance.

    Mr. Garrett suggested the Assembly consider making the Clerk’s position a position that works for the Assembly, as it is in most cities. It is a unique situation to have the Clerk work for the Manager. Mr. Kibby requested that Mr. Palmer meet with Ms. Stott and discuss her thoughts and concerns and try to get this solved. There was no objection to that request.

    Ms. Muñoz thanked the acting Mayor for leading the meeting tonight. She thanked the Royal Caribbean Cruises Ltd. for material and supply money for the Zach Gordon Center and the Skateboard Park. She reiterated her support for Mr. Garrett’s idea of master planning the school property and adjoining lands around the elementary, former middle school and high school in downtown Juneau. She referred to the newspaper article on Proposition One and said she was troubled by the comment by the Superintendent stating that some of the older buildings were not properly maintained. She said if there is a leaky roof, lets fix it. She thought a message needed to be sent, from this body to the district, to properly maintain minor repair projects before they become big projects.

    Mr. Powell thanked those who participated in the beach clean up. He said there was about 50 people there and it was pretty clean to start with. He said there was a state proclamation by Tony Knowles proclaiming Pollution Prevention Week September 21-27th. The theme was that it is not only smart for the environment, its smart for the economy also. He then referred to the Mendenhall Watershed group and said they would be meeting on the 22nd at Floyd Dryden. They have been active and are a very diverse group that is trying to help with our planning of roads and other things that we need in the Mendenhall Watershed.

    Mr. Garrett referred to a draft resolution supporting local telephone competition, which he passed out before the meeting, and said it mirrored the resolution that was before the SE Conference this week. He asked it to be scheduled for discussion this fall, by the COW, at an appropriate time. Mr. Kibby asked Ms. Miller to confer with Mr. MacKinnon to schedule that.

    Mr. Garrett referred to the discussion at the previous meeting about the Sewage Treatment Plant. He asked Mr. Palmer to speak with Mr. Buck and Mr. Mueller and see to it that once a month PW&F gets a copy of what progress has been made during that month.

  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 7:50 p.m.

 

Signed: ________________________________

Acting Mayor Kibby

 

 

Countersigned: ________________________________

Marian Miller, Clerk