THE CITY AND BOROUGH OF JUNEAU, ALASKA

November 16, 1998

MEETING NO. 98-36: 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 7:02 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, Powell, Egan, Hagevig, Muñoz, Perkins, and Koelsch

    Assembly Absent: None

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Craig Duncan, Finance Director; Dave Miller, Airport Manager; Ernie Mueller, Public Works Director.

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

  7. MANAGER’S REQUEST FOR AGENDA CHANGES
  8. Mr. Palmer noted there was one additional Resolution, No. 1966, amending Resolution 1568. Mr. Garrett noted an amendment that was not included in the Resolution and thought the Resolution should be discussed under New Business. There being no objection, it was so ordered.

  9. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  10. Morissa Williams, downtown Juneau resident who works in the Valley. She pleaded for increased and improved public transit service and for recognition of the bus drivers who have had to work under unbelievable conditions for the last year and who have been unfailingly kind and considerate to their passengers. She said she is committed to public transportation and that she does not drive at all because she believed public transit served the best ideas of the community: to be environmentally responsible, socially cooperative and mindful of the full implications of ones actions upon others. She is an environment and fiscal conservative and believes in conserving energy and avoiding waste to the greatest extent possible. She reported that she has seen the public transit in Juneau decline steadily since moving here in 1994; the system, not the drivers. She is continually impressed with the length the drivers will go to carry the passengers safely to their destinations, even when the weather is hard, the passengers are confused and the roads are full of drunk drivers. Some problems include poorly managed tourism and its overcrowding of the CBJ, alcoholism and its implications for poor and violent behavior, ignorance concerning the needs and rights of physically vulnerable citizens such as the handicapped and elderly, and the resulting need for efficient accommodations for wheelchairs, and ignorance concerning necessity and utility of making provisions for such truly everyday necessary articles of life such as baby strollers and other related needs of children. When she first moved here, she was stunned by the good manners of people who rode the buses. That is no longer the case as there are a lot of people coming in off the cruise ships who do not really see us as people but as props. She has seen elderly people pushed aside, pregnant women not getting seats and handicapped people not getting access to the buses. She felt with increased service, especially in the summer, a lot of the problems would be solved. She pays her $1.25 and would really like to get a seat on the bus. She was concerned about the use of alcohol by people on the bus and said drunken people on the bus continually propositioned her. She was very troubled to see young people also propositioned by drunken people on the buses. She made a plea for shorter bar and liquor store hours and for more resources for recovery in Juneau.

    Joyce Levine, P.O. Box 1705, Juneau. She testified that the problems on the bus had been getting worse. She felt that Juneau was growing but that Capital Transit was not growing with it; the population has increased but the routes of the bus have decreased. Care-A-Van is crowded to the point that at certain times of the day, passengers who are disabled, even if they give 24-hour notice, cannot reserve a ride. Although Capital Transit has alleviated some of the overcrowding on the regular buses, during the summer tourist months, many of the buses remain overcrowded to the point that riders are being turned away. She said that Mr. Kern had a list that the bus drivers keep of ever time someone is turned away on the bus. Although every other bus on the Valley route has wheel chair accessibility, the buses are so crowded that there is no room for someone who is using a wheelchair to get on the wheelchair accessible bus. The drivers have many safety issues that are not being addressed. As a city we are talking about building another parking garage downtown to accommodate the cars in need of parking spaces. She suggested that with services like Park and Ride and other ideas for Capital Transit, a garage would not be necessary. She asked the Assembly to look into the problems and address them now. The city needs to consider adding more vans to the Care-A-Van so riders have more access to Juneau. On the overcrowded Valley buses, the amount of passengers being turned away from the buses continues to rise each year and she asked how many people were allowed on a bus. She had been told that as long as they were behind the line it was okay. Previously, only during the summer months did the overcrowding exist. The buses are now crowded during much of the year except for some slow times of the day during the spring and fall seasons. She asked the Assemblymembers to take the bus when the bus was most crowded to see what it was like. Some evening and weekend routes are overcrowded and many times people are turned away. The city needs to address this problem and not view it as a problem that only exist when the tourist are here. There was a situation recently where a person who uses a wheel chair accessible bus could not get on the bus during the busy hours because the bus was so overcrowded. Every two hours the buses are equipped to handle a wheel chair, but because of the overcrowding, the driver did not have room to allow him to board the bus. Park and Ride and a downtown shuttle have been used in the past but they have gone away. She said there was a man who attacked one of the drivers and got his pass taken away. He went to Capital Transit and got his pass back. She asked how the driver was to feel and said that Capital Transit was not connecting with the drivers.

    Larry Webster, P.O. Box 34116, Juneau. He was in a wheel chair and said his problem had been that at the hospital, at certain hours, Care-A-Van could not pick him up. He did not think the drivers were paid enough and so there were times when there were no drivers. Many times of the day, the regular bus is too full for him to get on. In one week he had to spend $60 in taxis to get back and forth. He said hourly service with Care-A-Van would be ideal. A lot of times if he gets on downtown, people will have to get off the bus to let him off at the hospital. He agreed that passengers were not as polite as they should be and said there were a lot of elderly people being forced to stand up. There are not the handrails required for that many people to be standing on the bus. He had heard that it takes two years to get a new bus and he thought the order should be put in now instead of waiting.

    Mr. Perkins asked the reason for the Care-A-Van not picking him up. Mr. Webster said there was a number of hours during the day when scheduling was in the computer and there would be no room during those scheduled hours. Mr. Perkins asked how many times in the last six months to a year, he had been bypassed from getting on the bus because of too many people. Mr. Webster said he had been here since July, and it had happened six times. Mr. Perkins asked if it had happened in the past few days. Mr. Webster said he had not used the service in the past few days.

    Mayor Egan asked Mr. Palmer to have Mr. Kerns at the next meeting to answer some of these allegations.

    Dennis Harris, 352 Distin Avenue, testified in support of previous testimony and said it was in Mr. Webster’s right to sue the city when he gets turned away. With the ADA, the city is required to provide public transportation for him, just as much as for people who are much more mobile. He was concerned about the general lack of non-responsiveness at Capital Transit. The Assembly’s request that all the buses be equipped with bike racks has still not happened and the cycling community wonders when racks will be on useful routes. Currently, they are only on the University Express, Monday through Friday. He suggested that the Assembly think about matching the Legislature’s attempt to live on a welfare recipient’s grocery budget by spending a month without their cars, riding the bus. That way they would understand what others are going through. He thought it was time to start thinking about half-hour headways. Quarter-hour headways would help to get people out of their cars and there would not be a 1,000 parking space deficit. Next, at the post office yesterday and today, there were stacks of the CBJ Newsletter being thrown away. He said the publication was the biggest waste of CBJ money he had ever seen and he would rather see this money go to Capital Transit.

    Mr. Kibby commented that the Planning Commission would be reviewing the Parking Study tomorrow night in the Assembly chambers at 7:00.

  11. CONSENT AGENDA

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

A. Ordinances for Introduction

1. Ordinance No. 98-37

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY AND BOROUGH TO CHANGE THE ZONING OF APPROXIMATELY 5 ACRES IN TRACT A, GOLDEN HEIGHTS SUBDIVISION.

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

2. Ordinance No. 98-17 R

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $55,000 TO DEVELOP A CAMPGROUND NEAR THANE ROAD. SUCH FUNDS PROVIDED BY LOW INCOME HOUSING FUND UNRESERVED FUND BALANCE.

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

    1. Ordinance No. 98-17 (S)
    2. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $104,048 TO PURCHASE TWO NEW PARATRANSIT VANS FOR THE CARE-A-VAN SERVICE. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.

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

    3. Ordinance No. 98-17 (T)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $500,000 FOR DESIGN OF IMPROVEMENTS TO THE STEAMSHIP WHARF AND MARINE PARK. SUCH FUNDS PROVIDED BY PORT FUND UNRESERVED FUND BALANCE.

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

B. Resolutions

1. Resolution No. 1964

A RESOLUTION IN SUPPORT OF EFFORTS BY THE ALASKA LIGHTHOUSE ASSOCIATION TO RESTORE POINT RETREAT LIGHTHOUSE STATION.

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

    1. Resolution No. 1965

A RESOLUTION ADOPTING THE DETERMINATION OF POPULATION OF THE MUNICIPALITY AS OF JULY 1, 1998.

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

  1. ORDINANCES FOR PUBLIC HEARING

1. Ordinance No. 98-19

AN ORDINANCE AMENDING THE LAND USE CODE TO BRING THE TEXT INTO CONFORMANCE WITH THE TABLE OF DIMENSIONAL STANDARDS AND TO REMOVE OBSOLETE REFERENCES TO THE "D-7" ZONING DISTRICT.

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

Public Participation: None

Assembly Action:

MOTION - by Hagevig, to adopt Ordinance 98-19 and she asked unanimous consent. There being no objection, it was so ordered.

    1. Ordinance No. 98-20
    2. AN ORDINANCE AMENDING TABLES IN THE LAND USE CODE TO REMOVE OBSOLETE REFERENCES TO ZONING DISTRICTS.

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

      Public Participation: None

      Assembly Action:

      MOTION – by Garrett, to adopt Ordinance 98-20 and he asked unanimous consent. There being no objection, it was so ordered.

      Mr. Kibby asked if there would be anything else coming forward from the Planning Commission in regards to updating areas of classification. Mr. Palmer said there was a list of other small changes pending.

    3. Ordinance No. 98-35
    4. AN ORDINANCE AMENDING THE PURCHASING CODE TO ALLOW NEGOTIATED PURCHASES OF SERVICES FROM GOVERNMENT AGENCIES, SCHOOLS, AND NONPROFIT CORPORATIONS.

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

      Public Participation: None

      Assembly Action:

      MOTION - by Hagevig, to adopt Ordinance 98-35 and she asked unanimous consent. There being no objection, it was so ordered.

    5. Ordinance No. 98-36

AN ORDINANCE AMENDING THE SALES TAX CODE TO PROVIDED FOR COLLECTION OF A TEMPORARY ONE PERCENT AREAWIDE SALES TAX ON THE SALE PRICE OF RETAIL SALES, RENTALS, AND SERVICES PERFORMED WITHIN THE CITY AND BOROUGH OF JUNEAU, THE PROCEEDS OF WHICH ARE TO BE ALLOCATED FOR IMPROVEMENTS AND REPAIRS TO A VARIETY OF PARK, HARBOR, AND EAGLECREST FACILITIES.

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

Public Participation: None

Assembly Action:

MOTION - by Kibby, to adopt Ordinance 98-36 and he asked unanimous consent. There being no objection, it was so ordered.

  1. UNFINISHED BUSINESS - None
  2. NEW BUSINESS

    1. LAST CHANCE CO-OP, MULTIPLE CHARITIES ASSOCIATION CO-OP AND ALAKSA NATIVE BROTHERHOOD CAMP 2, INC.’S APPEAL OF THE SALES TAX BOARD OF APPEALS’ DECISION REGARDING TAXATION OF PULL-TAB GAMES.
    2. Administrative Report: Attached.

      Assembly Action

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

      MOTION – by MacKinnon, that the Assembly appoint a hearing officer. There being no objection, it was so ordered.

      Mr. MacKinnon said he felt uncomfortable dealing with this on a quasi-judicial basis.

      Mr. Powell agreed that it would be good to separate the Assembly by having a hearing officer because it has been discussed in the past.

      Mr. Corso pointed out that the entire hearing would be before the hearing officer who would then presents a recommended decision to the Assembly. The Assembly could accept or reject that recommended decision.

      Amendment - by Garrett to have the City Attorney look into a hearing officer with the concurrence of the Mayor and Deputy Mayor to proceed with the hiring of that officer.

    3. STEVE LANDVIK’S APPEAL OF THE PLANNING COMMISSION’S DENIAL OF AN ALLOWABLE USE PERMIT TO CONSTRUCT A 12-UNIT APARTMENT BUILDING WITH ASSOCIATED PARKING (USE98-00045).
    4. Administrative Report: Attached.

      Mr. Kibby commented that if anything was changed at CDD, it probably should be allowable use and he asked how an allowable use could be denied. Mr. Corso thought that the staff recommended an allowable use and the Planning Commission decided on a conditional use. What is at issue was judgement about the degree of parking impact.

      Assembly Action

      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 the Mayor designate a member of the Assembly as a hearing officer. There being no objection, it was so ordered.

      Mayor Egan designated Ms. Hagevig as the Presiding Officer. There being no objection, it was so ordered.

    5. GASTINEAU HUMANE SOCIETY: REQUEST FOR FUNDING FOR EVALUATION /CONSULTATION FOR THE ANIMAL SHELTER BUILDING.
    6. Administrative Report: Attached. The Manager recommended that this item be scheduled for the next Finance Committee meeting.

      There being no objection, it was so ordered.

    7. Resolution No. 1966

A RESOLUTION REESTABLISHING THE RULES AND PROCEDURE FOR THE ASSEMBLY OF THE CITY AND BOROUGH OF JUNEAU, ALASKA; ADOPTING MASON’S MANUAL OF LEGISLATIVE PROCEDURES AS THE GOVERNING RULES WHERE OTHER PROVISION IS NOT MADE; AND REPEALING RESOLUTION NO. 1568.

Mayor Egan clarified that the Assembly could adopt the committee structure for this year attached to the resolution. Mr. Corso said the existing resolution provides that the nomination for membership and chair position should be ratified by the Assembly within 30 days after the certification of the election. That had already been accomplished. He suggested that this resolution, which replaces 1568, include a transitional provision added to section 3.

Mr. Garrett noted one minor amendment, which had been discussed previously: Item XI and XII were always treated as one thing.

MOTION – by Garrett, to merged Mayor’s Report on Non-Agenda Items and the Committee Reports on Non-Agenda Items as item XI which would be Mayor’s and Committee Reports on Non-Agenda Items, and then renumbering the remaining items. There being no objection to the amendment or the resolution as amended, it was so ordered.

MOTION - by Hagevig to move the Assembly Committee’s and Liaison’s as presented and the Assembly goals that were adopted at the retreat last Thursday night with the caveat that they be subject to edit as other issues arise. There being no objection, it was so ordered.

  1. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items - None

B. Manager’s Report - Information Items

1. Merchant Associations Request for Forgiveness and Exemptions

Administrative Report: Attached.

Mr. Garrett clarified the code was clear that the purchase of goods and services for resale is exempt from taxation. Mr. Palmer said that was one way to look at it, but that he would need to sit with the Finance Director to go over that. The members were paying a fee to the Association. They were not buying the advertising from the Association, they were contributing money to the Association for some purpose, not necessarily a resale of advertising. Mr. Garrett asked if they had the option of not paying that money into that fund. Mr. Palmer thought it was a condition of the lease. Mr. Garrett then asked if that would make it the lease.

Mr. Duncan said that the code currently allowed nonprofit organizations, and others, the tax-exempt. This particular organization cannot obtain that status. Dealing with the question of whether or not it was a pass-through service, he said the fee is levied as part of the leasing arrangement. It goes into a pot, which is the association of these particular members. There are items acquired out of the pot, such as advertising, or snow removal. There is no clear pass through where it could be termed a sale for resale because it is combined into a pot and loses its individuality. Staff was proposing adding this as an item allowing mall associations the same status as nonprofit organizations, dealing with transactions between their members.

Ms. Hagevig said the real crux of this issue was the inability of mall associations to be eligibility for 501(c)(3) relationship with the IRS. She said what is in Juneau does not begin to equate to the kinds of mall associations that are present in larger cities for which she believed the IRS code was written for.

Mr. Duncan said there was a part two to this. They do conduct some retail transactions and the Mall Association does lease their commercial space. When they are dealing with a third party, those transactions would not be exempted.

Mr. Perkins asked when this would come before the body in an ordinance. He was not sure the Malls were in agreement with this and they would probably want to discuss it. Mr. Palmer did not think a request had been sent into the Law Department yet, so he guessed introduction would be about a month away. He said if there were people who were concerned, they should come forward to help them put this together.

Ms. Hagevig said that since merchants were collecting and remitting sales tax on commercial rentals, it would be inappropriate to forgive back sales tax for these types of transactions. She assumed that appropriate collections and transmittals had occurred and that staff was not looking at any significant back taxes. She thought if there was a period of time where the collection of taxes did not occur, it would be pretty impossible to go back and identify all of the participants in ever single craft fair, for instance. Mr. Duncan said the way the code is structured, if a merchant fails to collect on an item, it does not excuse their responsibility to remit, and currently they would not be exempted for anything. They should have been collecting sales tax on all transactions up until the time the ordinance is changed. He assumed the amount of taxes for retail sales should be relatively small and that there should be a record.

Ms. Muñoz commented that Mr. Duncan made a very good recommendation on this issue and she felt the ordinance needed to be applied fairly and equally to everybody.

    1. Leadership Training
    2. Administrative Report: Mr. Palmer advised the Assembly that the city had undertaken a training program. They had trainers come in and do a training course for city employees on communication, facilitation of meetings, group decision making, how to raise delicate issues, how to accept criticism, and a variety of communication issues. The program was for 40 employees, over four days, and they spent an extra day training about a dozen leaders to do more training of other employees. The goal is to provide this training to every city employee. So far, they have provided this training to about 120 employees and they are getting really great responses.

    3. Central Treasury Investment Report: Quarter Ending September 30, 1998.

Administrative Report: Attached.

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

B R E A K

8:00 p.m. – 8:15 p.m.

  1. COMMITTEE REPORTS ON NON-AGENDA ITEMS
  2. A. Committee Reports

    1. Committee of the Whole – Mr. MacKinnon said there was a joint meeting scheduled with the School Board, tomorrow at 5:00 in chambers. There was also a COW scheduled for the 23rd, in chamber at 5:00, with three items on the agenda: 1) discussing a possible resolution on telephone service competition; 2) a report from the Fire Chief on what he is doing with the Fire Department; and 3) the commercial passenger vehicle ordinance.

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

    3. Committee on Committees – Mr. Powell had the following confirmations:

    MOTION – by Powell, to confirm Pamela Mueller-Guy to the American’s with Disabilities Act Committee. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm Scott Dornbirer, Linda Gwyther and William League to the Douglas Service Area Advisory Board. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointment of Patricia L. Birmingham and Kathleen A. Miller to the Health Care Coordinating Council. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointment of Cathy Crawford and Betsy Logenbaugh to the Housing Advisory Committee. There being no objection, it was so ordered.

    MOTION- by Powell, to confirm the appointment of Patricia Birmingham and Mavis Waarvik to the Social Services Advisory Board. There being no objection, it was so ordered.

    MOTION – by Powell, to confirm the appointment of Peter Bittenbender, Ron Gillette and Dick Stokes to the Waste Management Committee. There being no objection, it was so ordered.

    Mr. Powell said there were two names that had been chosen for the Planning Commission – Merrill Sanford and Marshal Kendziorek.

    MOTION – by Powell to waive the rules of the body so Merrill Sanford and Marshal Kendziorek could be confirmed for appointment to the Planning Commission this evening. There being no objection, it was so ordered.

    4. Human Resources Committee – Ms. Muñoz said a meeting was scheduled for the 23rd at noon to discuss the CDD Block Grant Application. The first meeting of the combined Human Resources and Committee on Committees would be December 7th, at noon. Mayor Egan added that the combined committee would meet the first Monday of each month.

    5. Lands & Resources Committee – Mr. Kibby said they would be meeting on the 25th at noon in room 211 to continue the discussion on policies concerning Land Disposal.

    6. Public Works & Facilities Committee – Mr. Garrett said there was a meeting tentatively scheduled for December 2nd, at noon. He reported at the last meeting they heard an update on a number of projects, including a stairway/pedestrian path from Orca Point Subdivision down to the bus stop on Douglas Highway. There is two pieces of property the city needs an easements over, one is the ASHA project, and they said they would give it no problem. The folks at Orca Point were under the belief that this would give them some leverage to rein some concessions out of the city. The PW&F was not particularly encouraging of that idea and directed Mr. Buck to tell them no. What they wanted the city to do, in exchange for this small easement for the end of the pathway, was to take over the maintenance of the sidewalk that runs from Crow Hill Drive to where this easement is. Then they wanted the city to restructure the debt. He said PW&F still wanted to proceed with the project as it would be good for all the people who live in those two housing complexes. The second issue they heard about was on the water project to continue on from Tee Harbor. Several issues were made that made it clear that the whole issue of the water systems, and the ultimate long term plan for the extension of water service in Juneau, needs to go to the COW because there are policy issues that need to be decided by the Assembly. One issue of concern is if the CBJ wants to put a water system into a road that is not currently owned by the CBJ. Similarly, the Comp Plan says the city will not provide water past Wadley Creek and this body needs to seriously take a look at what that urban service boundary is for water. PW&F would like to schedule a COW for sometime in January or February to specifically look at these issues. Next, they had a presentation on sewer system needs. There is a need to connect a number of areas and decide what the long term limits of the system will be.

    Mr. MacKinnon asked if those could be added to the number one item on the COW list, In-fill Development. He said a meeting discussing the general concept of that and some of the areas where this development could be allowed could be sometime in January. Mr. Kibby said along with that discussion, include CBJ Lands in that In-fill.

    Mr. Garrett advised the listening audience in the Andreanof area, that one of the issues being evaluated by city staff was whether or not they could use a low pressure system. That would involve the installation of a pump station at the base of Andreanof Drive that would provide a lower lever of water pressure to the highest points then may be desired for Fire Service, but enough for residential service.

    7. Strategic Policy Committee – Ms. Hagevig had nothing to report.

    B. Board Liaison Reports

    Mayor Egan said the Alaska Committee would not be meeting on Wednesday.

  3. ASSEMBLY COMMENTS AND QUESTIONS
  4. Mr. Koelsch said he appreciated the frankness and dedication at the Assembly retreat. He thought it was excellent and he appreciated the deliberation of the Assembly after the Planning Commission. He appreciated the opportunity to attend the new Officials workshop at AML and the contacts made there were very useful. He was astounded at the talents of the CBJ staff and Assemblymembers, and commended them for their choreographed participation. He said he would not be at the meeting tomorrow with the School Board as he would be traveling.

    Mayor Egan clarified the meeting was a joint COW and School Board meeting work session. Ms. Hagevig asked if there was a set agenda to consider or if everyone should bring his or her own lists and plan to participate individually. Mayor Egan said he thought they would be setting the stage and then everyone could participate.

    Mayor Egan thanked everyone that went to the AML. He thought it was a very good presence with staff and seven of the nine Assemblymembers and reported that they talked about a lot if issues that were important statewide.

    Mr. Perkins thanked Mayor Egan for asking Mr. Palmer to ask Mr. Kerns to come before the Assembly regarding Capital Transit in our community. He said there were several issues raised this evening that raise concern, and he wanted Mr. Kerns to address the items with regard to the elderly and physically challenged folks. He asked if there was a policy to have reserved seating and said he was very disturbed about Mr. Webster’s’ testimony that he could not get on the bus because of over crowding. He was not sure who could address the orderly conduct on the buses.

    Ms. Muñoz also appreciated the people coming forward on the Capital Transit issue. She asked Mr. Palmer to find out how many people were typically turned away on an average business day. She was also interested in the cost of half-hour service during the morning and evening rush hours. She went on to say that Larry Spencer of the Downtown Business Association requested free parking at the parking garage and the Egan Shoppers Lot from Thanksgiving until December 31st. She said it was a means of encouraging shopping downtown and was something that had been done for two years. Mayor Egan clarified that the Shoppers lot had not been free in years past.

    MOTION – by Muñoz, that parking at the Marine Park Garage and also at the Shoppers Lot be free from Thanksgiving through December 31st.

    Mayor Egan was concerned that the Juneau Motors lot may be abused by people who were working in the shops downtown. Ms. Hagevig shared that concern. Mr. MacKinnon suggested that parking could be allowed there with a time limit. Anyone exceeding the time limit would be ticketed. Mayor Egan said he would not have a problem with doing that in the Parking Garage also. Ms. Muñoz shared the concern of people parking in those lots all day long and agreed with Mr. MacKinnon, as it would allow use of the lot with specific time restrictions.

    Mr. Palmer clarified that there would be free parking in the Garage and two hours free parking in the Shoppers lot.

    Mr. Kibby had another question for Capital Transit and that was how many people are allowed on the bus. He noted that he would like it if more of the department heads participated in Assembly meetings so that when there are questions or comments, especially on ordinance that are before the Assembly, there is someone here.

    Ms. Hagevig commented that AML was a very excellent meeting and that a lot was accomplished. She was pleased that Juneau took such an active role.

    Mr. Garrett asked the Mayor to consider appointing a special committee to look at the Capital Transit problem, on a short-term basis, and then present recommendations that the Assembly could act on. He then referred to a letter received from property owners on the Rock Dump and he wanted to hear the status of the way the related party transaction law was being applied. He asked for a report on the disposition of the case at the next meeting. Mr. Palmer stated that staff was proposing an amendment to the Ordinance and that was in the works.

    Mr. Powell received a call on the Capital Transit issue and he asked Mr. Kerns for statistics because of the overcrowding. He thought there were small, reasonable steps that could be taken for better service. He then thanked the students of the Phoenix Program that organized the Veteran’s Day Event acknowledging the Veteran’s in the community. He thought they did a really good job and that it was very well attended. He said he was still interested in Mr. Palmer putting together some report or analysis on the rain that happened in October. He thought maybe there were things that could be done in the CBJ’s practices or permitting that would prevent the upslope developers from causing problems to the downslope folks. As North Douglas is developed, there would be issues and he wanted to make sure the city was doing all it could so the cost to the private landowner did not keep going up with continual problems.

    Mr. MacKinnon asked that the Finance chair or vice chair be appointed to the Transit Committee, as there would be fiscal implications to most of the fixes. In light of the report from Mr. Palmer and Ms. Pierce, he wanted to revisit the issue of property tax on boats and airplanes. He said there is a penalty the CBJ pays by not taxing boats and airplanes in this community. They are used as part of the full and true value computations by the state and when we do not collect anything on them, we are losing four mills on the value of those. He would like this referred to Finance. Mr. Perkins agreed it would be a good time to go through that exercise during the budget cycle. Mayor Egan recalled this being brought up years ago and said there were severe restrictions placed upon the municipalities by the State. Those restrictions no longer exist. Mr. Kibby said when this was brought forward, he wanted to look at all the issues that deal with personal property taxes such as snow machines and motorcycles. In the meantime, he asked staff to generate what information they could find from other states throughout the nation and other municipalities within the state and look at how they are handling this. There are many that do not have personal property taxes and he would also like to know how they deal with this issue. Mr. Perkins thought that there might be good resources for getting that information in state. Mayor Egan said there was a list already that could be updated. He added that he would like discussion about sales tax on mail order sales and Internet, even though Congress said us we could not do that right now. Mr. Garrett said the city could eliminate the sales tax and institute a user tax. Mr. Kibby asked what funding amount Juneau was being hurt by by not taxing boats and airplanes. Mr. MacKinnon did not know the numbers; he only suggested that it be looked at. He said when certain assessed values are used as part of the full and true value by the State, it affect us in school funding and revenue sharing. Mr. Kibby also wanted an estimated cost from staff of what the city hopes to collect or not collect.

    Mayor Egan said he met with the Director who would like to make a presentation to the COW in early February regarding the CBJ’s role in the census. They would be kicking this off on April 1, 1999. Mayor Egan said he would like to get a committee of citizens in the Juneau area representing all backgrounds on board before April 1, and invited him to come to make a brief presentation to the COW letting the Assembly know what the requirements of the federal government are. There was no objection to appointing a committee by the first of April.

    Ms. Hagevig said she met with the Millennium Committee last week and they would like to meet with the Assembly in the near future and discuss the CBJ’s role in the millennium celebration that is being planned for the community. Mr. MacKinnon would add that to the list for the COW.

    Mayor Egan said a date needed to be set for the Sister Cities meeting as it is Juneau’s turn to host the sister cities. He thought it would be impossible to do it in January. The Conference of Mayors meets with the AML in Juneau February 10-12 and the Clerks are meeting here as well. He suggested either the week before or the week after that. The City of Whitehorse is meeting this evening and will let him know their preference. They requested to come in the winter so that they could go skiing at Eaglecrest.

    Mayor Egan gave an update of what was discussed at the retreat. He said the list had been compiled to send back to Senator Stevens with dollar amounts and the priorities that the city has. There was nothing new to report on the NOAA Facility and a teleconference was being scheduled for an update.

  5. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  6. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 9:00 p.m.

 

 

Signed: ________________________________

Mayor Egan

 

Countersigned: ________________________________

Marian Miller, Clerk