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FEBRUARY 1, 1999

MEETING NO. 99-04: 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.
  3. Assembly Present: Garrett (arrived 7:01), Kibby, MacKinnon, Perkins, Powell, Egan, Hagevig, Muņoz, and Koelsch

    Assembly Absent: None

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Tim Maguire, CDD Planner; Dave Miller, Airport Manager; Kim Kiefer, Director Parks and Rec.; Christine Blackgoat, Health & Social Services Director; Cheryl Easterwood, Director CDD.

  5. 1. 12/7/98 - Regular Meeting No. 98-37

    MOTION - by Kibby, to approve the minutes of the Regular Meeting No. 98-37, held December 7, 1998, and he asked unanimous consent. There being no objection, it was so ordered.


    1. Mayor’s Y2K Task Force – Status Report

    Mr. Northrup stated this would be the first of an even dozen reports ending on the 3rd of January in the year 2000. He hope every one of them would be uneventful. The task force consists of 15 members appointed by the Mayor. They have held three meetings, two in January and one today. They plan to meet on the 1st and 3rd Mondays at noon in the Chambers unless there is a holiday. They will be appointing committees organized around sectors of concern for the year 2000 problem. So far those sectors have been identified as: utilities, telecommunications, public safety and security, transportation, medical, finance, retail, food supply, the social safety net and technical support and information services. They plan to have committees operating in each of those sectors and they will be further defining and refining those sectors as they go. The committees will meet separate and will then be able to involve more members of the community. They have already heard a report from the Juneau International Airport about its preparedness for Y2K. Next week they will hear from AEL&P about their preparedness with regard to electrical power provisions. The task forces mission is not to oversee the CBJ’s Y2K preparedness, nor is it to oversee private concerns. They are trying to provide information to the total community on the major systems on which we all rely. They hope that information seeking process will help some of the sectors make sure the potential problems they all face will be addressed. They will have a booth at Com-Tech which will show a video produced by Tony Armlin on the task forces’ work to date and they will have a computer display of the new website with a live capability for people to e-mail comments and questions to the task force members. Various members of the task force will be staffing the booth.

    Mr. Powell stated that during an AML teleconference for legislative committees that occurred earlier in the week, he mentioned what Juneau was doing with this Task Force. He suggested to Mr. Northrup to work with the state government to see how prepared each community was and he asked Mr. Northrup to participate in a teleconference.

    Mr. Northrup said the problem with doing something right the first time, is that nobody appreciates how difficult it was. They hoped to be able to show that appreciation to those service providers who do get it right.

    Mayor Egan thanked the folks serving in a voluntary capacity on the task force.

  7. Mr. Palmer noted a correction on the Manager’s Report on page 4. He said the first paragraph should be deleted from the transfer request.

  9. John Palmes, Box 20454, Juneau, AK 99802, asked for help and leadership getting past the current stalemate for the rural subsistence priority. He said he had joined the Territorial Sportsmen and intends to have the rest of the membership reconsider their objection to a rural resident priority for use of fish and game at their annual meeting on Thursday. The Territorial Sportsmen is a sponsor of Juneau’s Golden North Salmon Derby and is a community institution. Because of the Sportsmen’s official opposition to a rural personal use priority for fish and wildlife, the Alaska Native Brotherhood threatened to boycott the derby two years ago. Both sides have agreed to disagree but in Alaska and Juneau, this is not good enough. He felt that caution and restraint were good things when talking about amending the State Constitution but that there really was much more to gain from the rural resident preference than to lose. Ironically, the feared rural priority has a federal guarantee for rural Alaskans to hunt and fish for personal use in National Parks and other protected areas, even when that use is denied to all other US residents. Alaska natives have something to do with the preference but it is not a native priority. He said people ask why should Alaska be different than the other states and he felt it was because of the Native Claims Settlement Act. That Act was necessary to build the pipeline which has been very important to residents. The Settlement Act itself established the ground rules for selecting land for the Native Corporations and for the State and for the Federal Government. There was still to be land that was not controlled by Native Corporations that Native people use to hunt and fish on. They wanted to make sure they continued to get access to those places for consumptive uses. Glacier Bay National Park shows how the park service tends to deal with personal consumptive use by local residents. They are not friendly to that sort of thing. It could not be, under the US Constitution, a Native preference so it was made a rural preference which applies to all Alaskans except people in Anchorage, Fairbanks, Juneau and Ketchikan. There are more non-natives than natives that get the preference. It also puts everyone in the same position because when times are tough, people from the outlying areas are not going to go to the cities to hunt and fish. A rural preference amendment to the Constitution is a commitment to manage the land and the resources so that fish and game in rural Alaska remains abundant. Abundance and priority for communities that depend on local fish and wildlife should be the goals of the fish and game management. Equal access to limited resources is the wrong bottom line and he asked what good was equal access when there are not any resources. The rural priority also tends to balance pressures to degrade habitat or over harvest the resources in the interest of making a buck. If a community decides to make parking lots out of their moose habitat, then when times are tough, they will have to live with the consequences. He invited Juneau residents with a hunting or fishing license, particularly those who fish in the derby, and especially elected officials, to come and join the Territorial Sportsmen. He said fish and game resources are so incredibly large compared to our population that urban Alaskans can certainly afford to act generously and trustingly to reassure their rural Alaska neighbors.

    Jerry Harmon, 4322 Palm Place, a volunteer representing the Parents for Safe Graduation Party 1999. He requested that the CBJ donate, or defer the cost for Centennial Hall for the nights of the graduation party.

    Mr. MacKinnon clarified that they needed it for three nights and that Parks and Rec. had donated the use for one of those nights. He asked how much it would cost for two nights. Mr. Harmon said it would be around $940 for a 24 hour period. He explained that they would be setting up on Friday night and Saturday and the party would be Saturday night and then they would take it down during Sunday.

    Mayor Egan noted that this had been done in the past.

    Peter DeBois, Perseverance Theatre, thanked the Assembly for money that they had granted Perseverance this season. He introduced Mr. Deering from Deering Films who would be filming the process of the next two spring productions between now and June and doing a documentary on the Theatre for national release. Mr. DeBoise reported that they had served 10,200 people so far, halfway through the season, through main stage productions, educational and outreach programs as well as collaborating with various community groups such as the school system, Goldbelt, Northern Lights Church, Juneau Convention and Visitors Borough, the UAS and KTOO. They toured to Valdez and Anchorage and they are planning a statewide tour for the next year of "How I learned to Drive" which was written in Juneau and won the Pulitzer Prize. He said that as they tour, the CBJ will be touring with them and they would be acknowledging the CBJ’s generous support around the state. They are in the process of developing a National Board comprised of folks who will assist with securing national support. They are also gearing up for their first year of radio plays, which would be broadcast statewide on APRN. Again the CBJ will be thanked for its support. He said the challenge grant had allowed them to leverage a great deal of new money. They are the first Alaskan non-profit to get a grant from the Fred Meyer Foundation and that grant was for $10,000. Today they found out about a $5,000 grant from the Allen Foundation for Short Stories. Deering Films is supporting their tour of "How I learned to Drive" for $10,000 and they also received a $10,000 grant from Alyeska Pipeline. This is directly related to the money that was received from the city and the use of that money to leverage support from outside agencies. He said it was very important to national agencies to see that the local community and the local government supports the theatre.


Mr. MacKinnon asked to remove C-1, Contract No. SD99-032.

MOTION - by Hagevig, to adopt the Consent Agenda with the exception of item C-1, and she asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

    1. Ordinance No. 98-17 (Z)


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. 1970


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

C. Bid Award

D. Transfer Request

    1. Transfer No. T-657:

Transfers $70,000 from the N. Behrends Ave/Highlands Area Project (CIP R412-54) to the Fifth Street Juneau Reconstruction Project (CIP R412-59).

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

C1. Contract No. SD99-032:

Mendenhall River School Roof Replacement

Administrative Report: Attached. The Manager recommended award of this project to Anchorage Roofing & Contractors, Inc. in the amount bid, for the base bid and additive alternates 1 through 3 for a total award of $834,693.00

Public Testimony: None

Assembly Action:

MOTION - by MacKinnon, for the purpose of one comment.

Mr. MacKinnon said that recently Mr. Buck prepared a list of all the remaining funds in the variety of School District CIPs which came to a lot of money that he did not realize was there. He thought there would probably be enough money out of this and other CIP funds where some of the other roofing projects, such as Marie Drake, could be taken care of without using Sales Tax CIP. He asked unanimous consent.

There being no object, it was so ordered.

    1. Ordinance No. 99-01am


Administrative Report: Attached. The Manager recommended that this ordinance be adopted. He pointed out there was a letter of objection in the red folder.

Public Testimony: None

Assembly Action

MOTION – by Garrett, for the purpose of discussion.

Mr. Garrett referred to the red folder letter from the Felix’s and said they now have the misfortune of living downhill from a subdivision that was built on the North Douglas Highway that had certain conditions attached to it associated with drainage which during the last rain event failed miserably. They have first hand experience with CBJ imposed conditions on development that are not followed up on after the fact. He felt they raised a valid question of what was the rational behind saying that bench road access would be poor on the adjacent lot to this, but it would be okay to put in a driveway. He asked if that was something the Planning Commission talked about.

Mr. Maguire stated yes, access was a major concern and the conditions that were placed on the zone change dealt with trying to improve the existing access at the site. The bench road access that was looked at at this location was a major access to the bench road. The only access from the total distance of the bench road would come out at this point and that was what DOT looked at. That was rejected because it was considered to be a major arterial type access and the location they were looking at was not adequate for that type of an intersection. What they are looking at now would be a single access for an addition to a business and it was not near the type of capacity that would be received from the bench road. The conditions do address that and ask that that be improved prior to any development taking place on that lot.

Mr. Garrett asked about the other issue that was raised by the Felix’s, that conditions have been put on development and then someone develops but does not follow the conditions. All the conditions are placed because of concerns of the neighbors and to make the development more compatible with the neighborhood. He asked what comfort could be offered to people like the Felix’s that in this particular instance those conditions would be enforced. Mr. Maguire said that one of the big differences was that now used a system that could track conditions. When someone makes an application for a proposal, those conditions will come up automatically for anyone to see. The applicant has looked at this and worked with staff on the conditions. They, at the Planning Commission, agreed they would pursue some improvement to that access at this time, even prior to coming in for that development. Mr. Garrett said he did not have problems with this particular project, but that down the street there was a subdivision development with a drainage plan that had never been enforced. Because of that lack of enforcement, people are spending tens of thousands of dollars fixing their houses downstream. Mr. Garrett asked if the failure to fulfill conditions of a prior permit would be a reason for turning down an allowable use permit. Mr. Maguire thought that they would have to meet the conditions as part of the permit. If they have already been approved and they are required to meet certain conditions, he believed that yes, they would have to.

Ms. Hagevig asked if the computer program would identify accumulative effects and the possible ramifications of neighboring properties. Mr. Maguire understood that the specific conditions would come up with the parcels but for adjacent parcels, someone would have to do some research and check further; it would not be automatic. He thought staff was getting used to using the system and doing searches. Ms. Hagevig asked if the CBJ had any roll in making sure that conditions were maintained. Mr. Maguire said they usually hear about any problems and then follow up.

Mr. Powell said with regards to accumulative effects, he clarified Mr. Maguire was speaking of the administrative process, not the hydrologic effects of uphill development on downslope residential or commercial development. Mr. Powell did not have problems with the current proposal. However, he was concerned there was not the same standards of review on the larger projects as on the residential folks, the little guys, the ones that were struggling to do it right. He thought it would be interesting to study development in this town to evaluate the effectiveness of those permits. Maybe the conditions are not doing any good and they are not doing what is intended. Maybe they are not checked on and therefore they are not doing the things we intend them to do.

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

  2. 1. Beadle v. Planning Commission: Appeal of Preliminary Plat Approval for a Subdivision Creating Eight Residential Lots in the Richland Manor Subdivision (SUB98-00052).

    Administrative Report: Attached. Mr. Corso reviewed the procedure and the concerns of the CDD as described in the Manager’s report.

    Mr. MacKinnon asked Ms. Easterwood if there was a lack of drainage planning. Ms. Easterwood said there definitely was not a lack of drainage planning in this case. She said there were several drainage plans submitted. The Engineering Department reviewed each of those very carefully and the Engineers were on site a number of times. They submitted all their requisite maps and computations and the applicants Engineers were judged to have used the proper methodology. The Engineering Department comment on this issue was "they simply did not know what more could be done with respect to drainage planning."

    Mr. Garrett thought the Assembly should accept the appeal but that it should be disposed of at a pre-hearing conference. Mayor Egan agreed that a hearing officer would have to be appointed so there could be a pre-hearing conference so the issue could be decided.

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

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

    MOTION – by MacKinnon, that the Mayor designate Mr. Garrett as the presiding officer. There being no objection, it was so ordered.

    B R E A K

    7:45 p.m. – 8:00 p.m.

  4. A. Manager’s Report - Action Items

    1. Washington, DC Lobbyist

    Administrative Report: Mr. Palmer said a proposal was distributed with the packet from John Roots, the lobbyist in DC. Mr. Palmer and Mayor Egan met him while they were there. Mr. Palmer surveyed around the country and found what lobbyist who were working in DC were making. The average seemed to be around $48,000 per year. Mr. Roots submitted his proposal asking for $5,000 a month plus expenses which he said would be fairly small unless the Assembly wanted to fly him to Juneau. He added that Mr. Roots worked for a firm that primarily does transportation projects. Mr. Palmer sent him a list of the projects on the CBJ wish list and most of those projects are transportation projects.

    Mayor Egan noted they had been speaking with Tony Smith on an issue that would be brought up later. Mr. Smith was also interested and he faxed a list of people he knows on transportation issues. Mayor Egan thought it would behoove the Assembly to offer an additional retainer to him to continue to follow the NOAA project. Mr. Koelsch said Mr. Roots was a DC Lobbyist before coming to Alaska for ARCO. He was very welcome in the White House at that time. He has been described as smooth, polished, conscientious, a good soldier as far as following up on what he is asked to do, he is a decorated Marine helicopter pilot and seems to hit a lot of things in Steven’s venue with appropriations and with also being a lawyer. Mr. Koelsch was very supportive.

    Mr. Powell said the contacts he spoke with in Washington DC were very favorable towards him also. He thought the question now would be how much to pay him.

    Mr. Perkins asked what source of funds this would be appropriated from. Mr. Palmer said he and the Mayor felt it would be appropriate for Better Capital City funds.

    Assembly Action:

    MOTION - by Perkins, to retain the firm at $4,000 per month plus expenses as noted in the contract for a total amount of $48,000.00.

    Mr. Powell asked if that would include expenses. Mr. Perkins said that was the retainer fee and expenses over and above would need to be picked up.

    Mr. MacKinnon offered a friendly amendment: $40,000 annually plus up to $5,000 in expenses and one trip back to Juneau at the beginning of the contract. Mr. Perkins accepted the friendly amendment.

    Mayor Egan pointed out that Mr. Roots had been to Juneau, he just was not in tuned to the CBJ’s projects.

    Ms. Muņoz suggested that, if the projects he would be focusing on were the projects on the list that was sent to Senator Stevens, the list be reviewed again because she felt there were a lot of unrealistic expectations on that list. Mayor Egan thought if he came up here, it would give the Assembly an opportunity to meet with him informally to focus exactly what we are looking forward to funding wise.

    Mr. Perkins clarified that would be paid on a monthly basis and not a lump sum.

    Ms. Hagevig asked if this was a negotiating position. Mayor Egan thought if this was sent back right now, Mr. Roots would more than likely accept it. If he does not accept it, there will be further discussions. Mr. Palmer suggested making it a flat rate of $45,000 including expenses.

    Mayor Egan assumed that with this motion, it would entitle Mr. Palmer to call Mr. Roots and offer him this and ask him to come to Juneau as soon as possible. He added that if one CIP project is received because of Mr. Roots, that would not have been received, maybe CIP monies in accounts that have not been closed out could be used to help defray these expenses. Mr. MacKinnon agreed with that concept. Mr. Palmer said he would sift through the projects and see if there was a transfer that could be made.

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

    B. Manager’s Report - Information Items - None

    C. Attorney’s Report

    1. Consent Decree: Geldhof v CBJ

    MOTION – by MacKinnon to delay the recess to Executive Session to the end of the meeting. There being no objection, it was so ordered.

    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    4. Committee Reports
    1. Standing Committees:
    1. Committee of the Whole – Mr. MacKinnon reported that the COW scheduled for Wednesday was cancelled and it would be rescheduled for February 22nd.
    2. Finance Committee – Mr. Perkins said the budget booklets had been sent out to the Department heads to start working on their budgets for increments or decrements. He and Ms. Hagevig had a very good meeting with the Manager and staff last week. Mr. Perkins said with regards to the League of Women Voters Budget Survey, he thought it would be more appropriate for the request to come before the Assembly at the beginning of the budget cycle. The bi-annual budget has been traditionally just to shore up the budget, look at a few increments internally where needed, but not necessarily to take new requests from things outside of the city. He asked the pleasure of the committee. Ms. Hagevig suggested that it be done in the fall so that the information was before the committee before it begins to do the budget planning. Mr. Perkins directed staff to contact the League and explain the wishes of the Assembly. There being no objection, it was so ordered.
    3. Human Resources Committee – Ms. Muņoz had the following recommendations for appointments:
    4. Energy Advisory Committee: Jack Kreinheder, Ke Mell and James Rehfeldt

      Fisheries Development Committee: Ivan T. Show and Sharmon M. Strambaugh

      Juneau Human Rights Commission: Errol F. Arnaud

      Juneau Women’s Council: Julianne M. Heard

      Juneau Youth Commission: Barbara Murray and Shelley Perkins (youth)

      Parks and Recreation Advisory Committee: Linda S. (Lynn) Bartlett

      Social Services Advisory Board: Kathleen Miller and Verner Stillner

      Ms. Muņoz said they also reviewed and amended resolution 1957, the resolution that reestablishes the International Relations Advisory Committee. They received a written annual report from the Social Services Advisory Board and most note worthy in that report was the committees efforts to review and revise the RFP process for the Social Service grant process. They also have a new chairman, Mavis Waarvik and they are actively recruiting members for the Social Services Advisory Boards.

    5. Lands and Resources Committee – Mr. Kibby said he would have a report at the next meeting. He said they did hear from Goldbelt with regards to the West Douglas development and staff and the committee are working diligently to proceed in that regard.
    6. Public Works and Facilities Committee – Mr. Garrett said there would be a meeting on Wednesday at noon in the Chambers. The agenda was very diverse and included recommendations from staff for changes to the construction bid requirements; review of the 1997 Building Codes for adoption; projects that Goldbelt would like considered for nomination to the 2000-2002 STIP; and an RFP draft scope of services for the downtown education complex project. Mr. MacKinnon said this body, with a resident plumber, electrician, and builder, had the ability to look at the building code and Title 19 with a little more expertise than has happened in the past. He hoped Mr. Perkins and Mr. Kibby would take a copy and circulate it among their colleagues in the trades.
    1. Board Liaison Reports

Mayor Egan noted the Alaska Committee would not meet this week because of Com-Tech. The next meeting would be on Wednesday the 10th at 7:00 a.m.

Ms. Hagevig said the Harbor Board met last Thursday night and was now requesting that the Assembly schedule for adoption the masterplan that they have recently completed for docks and harbors for the CBJ. They have not made any changes from what was already before the COW.

  2. Mr. Koelsch asked if there was a fine for abandonment of cars. He again requested a status report on the Marine Highway Reservation Building in the center of the downtown education complex. He supported the request of the use of the Centennial Hall by Parents for a Safe Graduation Party 1999. He was presented with a copy of the policy that was adopted by the Assembly regarding donations for Centennial Hall. Mayor Egan noted that this group was not filed as a non-profit, but if the Assembly designated them, the donation would be cut almost in half. Mr. Palmer noted that the year started with $7,500 for people to apply for and there was a maximum cap of $1,000. Currently $4,500 is left in the account. Mr. Koelsch clarified that Parks and Rec. was already going to sponsor one day.

    Ms. Hagevig asked if there was any kind of adjustment to be made for a partial day. She noted that the Alaska Children’s Trust recently received more than $1,000 worth of Centennial Hall. She would support a request.

    Mr. MacKinnon said that because the purpose of the event is so alcoholic beverages would not be served, the request should be to grant $1,000.00.

    MOTION - by Koelsch, to approve $1,000. There being no objection, it was so ordered.

    Mr. Koelsch continued and said he thought that the unused school bonds needed to be utilized a lot more, in addition to the sales tax, so buildings could be fixed a little faster. He went on to say he received several calls about a truck on its side on the bike path at Twins Lake. He said the questions were why the bike paths were being cleared when many streets needed cleaning. He found out it was two different departments, Public Works clears the streets and Parks and Rec. clears the bike paths.

    Mr. Perkins commented about the Y2K discussion and he asked the resident Y2K person for an update for each department, complete with a plan. Mr. Palmer said there was a report prepared and he would distribute it in the next couple days.

    Ms. Muņoz said she had a request from one of the board members of the Montessori School in Douglas regarding snow removal. They pay to have the snow plowed in the parking lot but it is not actually removed. They asked that the city remove the snow from the lot. She said this was a city owned piece of property and it served a lot of children. Present management was doing a good job trying to bring that business into a strong financial standing.

    Mr. Palmer said the snow removal in Douglas was done with a contract. The procedure would be to add this to his contract. Mayor Egan objected. Mr. Perkins said he understood the concern of the problem but there was a tremendous amount of snow this year. He asked if there might be someone the school could look to internally to see if they could get a donation, or form a working party to get this done.

    Ms. Hagevig asked what was being done with other property that the city owns and participates in a lease arrangement. Mr. Palmer said with regard to the other childcare center the city owns, he did not know if the city was doing any snow removal there. Mayor Egan thought it would set a horrible precedence when the city starts removing snow just because a business is non-profit. He suggested their snow removal firm move the snow further.

    Mr. MacKinnon said if the city was to dispose of the snow from the building that the city rents to the Montessori school, the city would have to pay the contractor. He suggested the school pay the contractor. He agreed this would be setting a dangerous precedence.

    Ms. Muņoz thought it was unfortunate that the city could not maintain its own properties, especially in this situation. She said she would relay the message.

    Ms. Hagevig was concerned that the downtown area was not getting the kind of attention that was needed in terms of snow removal. She thought that hazardous situations had been created and she hoped that there could be an increase in ability to take care of the problem. She then thanked Mr. Palmer for the CIP update and the nice surprise that was there. She would like to have an accounting of the total amount of funds currently residing in CIP that are set aside for salaries and benefits. She would like that compared to the number of employees funded with those kinds of dollars. Her sense was that there was more money in those kinds of accounts than employees using those funds.

    Mr. Garrett supported Ms. Hagevig’s request. He then said he was inclined to turn sidewalk snow removal over to Parks and Rec. because it was non-existent. Mayor Egan noted that it was the States responsibility to clean Egan Drive, including the sidewalks. Mr. Palmer called DOT on Friday and was told that DOT could not get to it until Monday. Mr. Palmer then called Bicknell Construction and they cleaned the sidewalk but DOT proceeded to plow it back up again. It is the constant four inches of snow per day that is making this situation very difficult. Mr. Palmer said he planned to get contractors back again to just keep hauling snow.

    Mr. Garrett said the For Hire Vehicle Task Force had been meeting and they have made enormous progress toward a final resolution of this issue which will hopefully be in a public hearing on Wednesday the 24th. Staff will need to work through the detailed list that has been laid out. He referred to earlier discussion of 99-01am, and he thought that if a person had a development permit issued with conditions, that person should not even think about getting another permit until proof that those conditions have been met exists. He asked for analysis of whether or not that currently exists and then maybe a discussion from the Planning Commission about whether or not this is a change to Title 49 that would be valuable to occur. That would then provide teeth for enforcement.

    Mr. Powell asked the City Clerk to schedule the wetland appeal as soon as possible. He then referred to the previous minutes which indicated there was a final report on the odor at the Mendenhall Treatment Plant that was due January. He asked if that had been completed. Mr. Palmer said he would check on that. Mr. Powell noted that there was a public meeting noticed with a misspelled word and then another notice was printed without a time listed. He then congratulated Mr. Perkins on his appointment to Deputy Commissioner.

    Mr. MacKinnon congratulated the JD Drill Team on their placement in the national competition they competed in in Orlando, Florida.

    MOTION – by MacKinnon for reconsideration of 98-40, which was heard at the last meeting. There being no objection, it was so ordered.

    Mr. MacKinnon passed out copies of ordinance 98-40 from the last meeting and proposed an amendment. He said with regards to the fact that recycling scrap material was not considered a recycling operation, his amendment was to the table of permissible uses, 11.100. He said he would like to scratch "aluminum" where is says recycling operations to recycle such materials such as aluminum, and replace that with ferrous and non-ferrous metals. That would allow recycling of irons, steel, copper and aluminum. The recycling operation that has been discussed would be covered under 11.1.30 – Sorting, Storage, Preparation for Shipment Occurring Outside an Enclosed Structure . . .

    MOTION – by MacKinnon to amend the Table of Permissible Uses of changing "aluminum" to ferrous and non-ferrous metals.

    Mr. Powell said there was a lot of discussion about this in the Lands Committee. He had been against this ordinance when it came through, but he is for this activity being done in this community. He said he thought what they were doing was not a junkyard, or graveyard or any of the other things listed. He saw it more as a transfer area, material would be transferred on the waterfront and not stored there.

    Friendly Amendment – by Powell, to the title, to add between Salvage "and Transfer" Yards and on the back under the Table of Permissible Uses, under the appropriate section, 1100, after Salvage Yards, "Transfer Areas".

    Mr. Powell agreed with the ferrous and non-ferrous.

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

    Mr. Powell clarified with his amendment, the title would eliminate the word Junkyards. On the back concurrently, it would drop the work Junkyard in 11 and put "Transfer Areas."

    Mr. Kibby asked what would be done with junkyards. Mr. Powell said junkyard to him was not descriptive of anything these days. Now there are salvage areas and recycling centers and transfer areas. Mr. Kibby said that Title 49 explains what a Junkyard is. He said he would be hesitant to do anything else with the title without going through Title 49.

    Mr. Corso read the definition of Junkyard: a lot or portion thereof where junk is bought, sold, exchanged, scrapped, bailed, cleaned, packed, disassembled, handled or stored. The term includes auto wrecking yards, house wrecking yards, used lumber yards and any storage of junk occupying more than 200 square feet outside of . . .

    Mr. Kibby said he would be apprehensive of doing that change because that operation still could take place somewhere else within the community.

    Mr. Powell said that after hearing the description, he felt it was still a useful term. The word that still concerned him was storage. Transfer areas would be more of a temporary situation which would be an allowable use or permissible use. A junkyard is not so much a permissible use because you are storing it and dealing with sometimes hazard material.

    Mr. Powell asked Mr. Corso if having the word Junkyard in 1100, would junkyards be permissible or allowable. Mr. Corso noted that 1100 had no designators under the different zones, it is only a title to help understand what the subordinate sections are talking about. He said 1100 was not enforceable by itself so if adding "Transfer Area" would make it easier to understand what 11.100 and 11.200 mean, then put it in.

    Friendly Amendment - by Mr. Garrett to delete, under 11.200, junkyards and graveyards.

    Mr. Garrett said that would delete things that are not desirable in a waterfront industrial area. They would be allowed in an industrial area under a conditional use permit, but not on the waterfront.

    Mayor Egan suggested letting the Attorney draft appropriate language.

    Mr. Powell withdrew his friendly amendment.

    Mr. Garrett restated his amendment – to amend the title of the ordinance to delete the word "junkyard", insert the words "transfer areas". On the Table of Permissible Uses, under category 11.200, to delete under Waterfront Industrials, the 3n.

    Mr. Kibby objected and said he agreed with the deletion of the conditional use in the WI. He thought changing the title was unnecessary and would add nothing but confusion. Junkkyard is used within the context of Title 49. Junkyards are being allowed anywhere within an industrial zone within the community, but now if the conditional use were taken off the Water Industrial, junkyards could only take place in industrial applications. He saw no reason to remove junkyards because it was still an applicable use within the community. He felt the intent of the body was to not see any junkyards on the waterfront industrial properties.

    Mr. Perkins clarified that what was done in the title did not mean as much as in the body. Amending the title did not cause him any problem. Next, with regards to the amendment that Mr. Garrett requested, to delete 3N, he asked how that would broaden the scope to not allow junkyards in the community other than in industrial areas. He said that was why he voted this down the last time, because he did not want junkyards on waterfront. He thought this was coming back so there could be short-term transfer facilities.

    Mr. Kibby agreed that he did not want junkyards on the Juneau waterfront. He said what was being asked for was the elimination of the conditional use on the Table of Permissible Uses on 11.200. That would take that argument away and what he was concerned about was the change of the title taking out junkyards and adding transfer facilities.

    B R E A K

    9:13 p.m. – 9:25 p.m.

    Mr. Garrett withdrew his amendment and made a new amendment in its place.

    Mr. Corso referred to the Table of Permissible Uses and said if the following changes were made, the title would work. Line 1100 is not changed. Line 11.100 has aluminum deleted and the phrase ferrous and non-ferrous metals added. The 2 at the end of the line remains deleted. Then, to 11.200, that language, take that number and all the remaining categories is added as indicated, if, over on the right hand column, the 3 with an N is not added, and the 3 at the far end is added, then the title should read "An ordinance amending the Land Use Code Table of Permissible Uses to allow scrap material salvage yards, junkyards, automobile graveyards and other such uses as conditional uses rather than allowable uses in industrial zones and to include ferrous and non-ferrous metals in the use descriptions of recycling operations.

    There being no objection, it was so ordered.

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

    Mayor Egan said the sister city meeting with Whitehorse would be the 18th – 20th of March. He also reminded all that Com-Tech would be at Centennial Hall February 3-5th and all Assemblymembers were urged to participate in some of the events. Mayor Egan said President Clinton released his budget for the new fiscal year and there was $1M to continue scoping and proceed with eventual design of the new NOAA facility at Lena Point. In FY2001, there was $15M in the proposed budget for construction of the facility and in FY2002 there was another $20M of the NOAA facility. That would bring the total project cost to $50M. The project would be downsized a bit, but it was in OMB’s budget request to Congress. This would be the delegation and Senator Stevens first opportunity for support from the administration for this and it is still being billed as a world class facility. The Juneau facility was now ranking above other NOAA projects that have been proposed. Mayor Egan thanked Mr. Tony Smith for the work he did on this facility and proposed that the Assembly consider continuing another request to Mr. Smith, or an option, to try to retain Mr. Smith for this one specific project. Mr. Kibby asked if there would be a need to extend the contract with Secon. Mayor Egan said no, design would be fully underway by July.

    Mr. Powell thanked the Mayor for staying on top of this and staying focused. He said he would be interested in another report when something else happens. Mayor Egan said hopefully by the first meeting in March, there would be more firm timelines and the such.

    Mayor Egan said there was a letter from the Resource Development Council received from Ken Freeman, the Executive Director, asking that the CBJ co-host a reception for the Legislature, the Governor and his Cabinet on February 23rd and 24th. They estimated the total cost of this reception at $2,000.

    Mr. Kibby commented how instrumental the Resource Development Council had been in the past in helping with Wetland issues. He said currently they were working with him on wetland issues and with Mitigation Banking and various subject with regards to mitigation and wetlands.

    MOTION - by MacKinnon, to spend money from the hosting accounting to co-host the reception with RDC on Tuesday the 23rd, not to exceed $1000.00.

    Mr. Garrett thought this set an extraordinarily bad precedence. He said the city sponsors a legislative reception already.


    Ayes: MacKinnon, Hagevig, Kibby, and Mayor Egan

    Nays: Koelsch, Muņoz, Perkins, Powell, and Garrett

    Motion fails 5:4

  4. MOTION – by Garrett, to recess into Executive Session to discuss matters which immediate knowledge of which might be detrimental to the CBJ finances.

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

    9:42 p.m. – 9:45 p.m.

    Mr. MacKinnon reported that the Assembly heard a report from the City Attorney on a matter of litigation and the Assembly provided direction.

  5. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 9:55 p.m.

Signed: ________________________________

Mayor Egan

Countersigned: ________________________________

Marian Miller, Clerk