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THE CITY AND BOROUGH OF JUNEAU, ALASKA

February 8, 1999

MEETING NO. 99-05: The Regular meeting of the City and Borough of Juneau Assembly, held in the Assembly Chambers of the Municipal Building, was called to order at 7:00 p.m. by Mayor Dennis Egan.

  1. FLAG SALUTE was led by Mayor Egan.
  2. ROLL CALL
  3. Assembly Present: Garrett, Kibby, MacKinnon, Perkins, Powell, Egan, Hagevig, Muņoz, and Koelsch

    Assembly Absent: None

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Donna Pierce, Deputy City Manager; John Corso, City Attorney; Joe Buck, Engineering Director; Ernie Mueller, Public Works Director; Joan Wilkerson, Personnel Director; Anne Stadnychenko, Y2K Coordinator; Rod Steedle, M.I.S. Director; Joe Graham, Port Director; Craig Duncan, Finance Director; Kim Kiefer, Parks and Rec. Director; and Christine Blackgoat, Health and Social Services Director

  4. APPROVAL OF MINUTES
    1. 12/21/98 - Regular Meeting No. 98-38
    2. 01/04/99 – Regular Meeting No. 99-01

MOTION - by Kibby, to approve the minutes of Regular Meeting No. 98-38, held December 21, 1998, and he asked unanimous consent. There being no objection, it was so ordered.

MOTION - by Kibby, to approve the minutes of Regular Meeting No. 99-01, held January 4, 1999, and he asked unanimous consent. There being no objection, it was so ordered.

SPECIAL ORDER OF BUSINESS - None

  1. MANAGER’S REQUEST FOR AGENDA CHANGES
  2. Ms. Pierce said that the Manager’s Action Item, No. 1, Docks and Harbors Master Plan, had been deleted and was added to the consent agenda as Resolution 1979. The Harbor Board did approve the plan. There being no objection, it was so ordered.

  3. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  4. Erin and Matt Felix, 3970 N. Douglas, showed a very traumatic and emotional video on a disaster their family went through last October with the floods. The clip showed what happened when an unregulated developer, and lax enforcement of building codes resulted with a family being endangered by a major flood three times over the last two years. His house was moved across the channel on a barge from the High School location when JDHS was built. He lived in it 21 years and it has been dry and stable over that period of time. In the spring of 1996, Channel Construction began tearing up the hill across the road and up slope from his house. In the fall of 1996 they experienced their first flood while Mr. Felix was out of town. The house was flooded and was spared major structural damage because 18 men from the fire department worked all night long shoveling. Repairs took six months to complete and the house has never been as good as it was; the basement leaks and continues to be damp. At the time, he sent a letter to the city asking them to get together with the developer, Channel Construction, and fix what was wrong uphill from their house. He never complained or hired an attorney, and he absorbed the $12,000 cost to repair the house. He assumed such obvious liability would be taken care of over time. The developer and the city have never responded to his calls or letters. The damage to the house was exacerbated because of the amount of debris that came down with the rain in 1996. Instead of repairing the damage to the land and the hill above his house, the contractor diverted even more water into what is called Pond Creek. The excess diverted water, along with tons of debris from the recent construction, over filled the pond, broke the dam and allowed at least 14,000 feet of cubic water to traverse across city property plugging undersized culverts. The water and debris, along with material from an unstable road that was allowed to be built on city property, flooded North Douglas highway, came across the highway, down on his property and into his house. They were awakened in October of last year by a policeman pounding on the front door, who was standing in 8" of water with sheets of water pouring down their stairs on top of the officer and into their house. The next day the culverts were again plugged and water traversed the same path and even cut a new path toward his house. That was the flooding being shown on the video. Everyone pointed fingers at everyone, it continued to rain and it continued to flood. As of today, little has been done to correct the upslope problems; to correct the problems would admit past wrongs. It is outrageous what a developer can get away with if they choose to operate this way. When land is disturbed, not in accordance with the code, drastic things happen. There are good codes but one persistent failure in the existing system is the lack of enforcement of those codes, which is especially true of codes concerned with site preparation, drainage, and drainage plans. The lack of enforcement is well known by developers and they take advantage of it. Mr. Garrett and Mr. Powell have walked the mountain with him and have been bringing this issue up for the last couple Assembly meetings. He hoped the video made their statements and testimony more pertinent to what they meant.

    Mr. Powell asked where they were in the process of meeting with the agencies about this situation. Mr. Felix said Channel Construction was subject to a $25,000 fine per day from EPA but they were ignoring the city at this point. Local governments are the enforcer of building codes in the state. Mr. Powell asked if they had been given any kind of relief for the damage that had been done so far. Mr. Felix said no, they were currently at the $60,000 level with relandscaping and reditching. The insurance company has seen the video and their comment was that they did not want a jury to see it or the engineers’ report they had done. That led him to believe that they would get something out of it.

    Ms. Muņoz asked if there was any history of flooding in the area prior to Channel Construction’s development. Mr. Felix said absolutely none. Ms. Muņoz asked what on the hillside caused the actual problem. Mr. Felix said it was a combination of factors of disturbing the land, rediverting water, construction debris plugging up culverts, undersized culverts, the city allowing roads to be built on CBJ property that were substandard and were not stabilized. When the water hit those roads, they were torn out and pushed down the hill.

    Mr. Kibby ask Mr. Felix to summarize in writing for himself and his colleagues, what he has learned of the conditions that were on the permit that were not enforced outside of the codes. Mr. Felix said there was a series of things that were not enforced and a series of codes that were not adhered to such as the road construction was done with expired or no permits; construction was done and land was moved not to standards of the plans that the contractor had submitted; the drainage plan was a high maintenance drainage plan that required the contractor to leave equipment on the site to clean out pipes and culverts on a regular basis; sediment catchment basins were not in the different locations as specified and the ones that were in were not maintained. The pond that caused the major damage in the second flood was never maintained for the last 20 years and on one of the plans that the contractor submitted to the city, he made a note that the pond was to be filled with clean gravel and removed. It was never removed and it sat there 12 years after submission of the plan.

    Mr. Perkins asked that a copy of the letter that Mr. Felix sent in 1996 be sent to Ms. Pierce in the Manager’s Office, and he asked Ms. Pierce to see if there was ever a reply to that letter. Mr. Perkins asked who had been approached since the last flood. Mr. Felix said in November of 1998, they wrote a detailed letter to the city, address to the Engineer and cc’d it to the City Manager, and to all the Assembly. They have not received any response to that one either. Mr. Felix said they asked the city to take the lead in organizing a plan of remuneration, to solve the problem together. Ms. Pierce said Mr. Brenner had done a memo which gave the background and made some recommendations about culverts that needed to be installed and so forth. She would recopy the Assembly and give a copy to Mr. Felix.

    Ron Summerville, 4506 Robby Road, resident of Juneau since 1979 and a resident of Alaska since 1938. He testified about the High School bond issue. He said he favors a good educational system but he felt the rejection of the bond issue last fall was not just a matter of whether it was one or two high schools, but also a matter of costs. He thanked the Assembly for doing a fairly good job of keeping the mill rate at a reasonable level. Per capita revenues rank Juneau 9th on the list of all the communities. Only 5-6 communities throughout the state have a higher sales tax than Juneau. He encouraged the school board, that if there was something on the ballot in May, that it only be contingent upon the availability of state funding. He did not believe the school board had looked at all the options and he did not think the community could afford two distinct high schools, which could mean a bond issue between $63-69M. In addition, the Governor has proposed a 31% income tax and approval of that will not be know by May. The public should look at the bond issue in relationship to the other potential costs being placed. Revenue sharing is consistently being cut which will probably mean an increase in the mill rate. Increased water and sewer costs may also be a result. That, with the sales tax, which is one of the highest in the state, and 100% property assessment will make a significant total cost.

    Mr. Garrett said if JDHS was built today for what it cost in 1954, it would cost over $154M. In 1954 we had the where-with-all to pay for it so he asked why we would not today. Mr. Summerville said the public should be fully aware of the total cost and tax that they will be faced with. He did not appreciate the last bond issue asking for approval of the core part of the issue with another bond issue to follow. He said he thought it was wrong approving the bond on the Police Station and then buying property afterward, adding additional costs.

    Ms. Hagevig was concerned that the Anchorage School District was anticipating a major school construction project but they were using a 50% state reimbursement rate as a qualifying figure, rather than the 70% that is now in the law. Mr. Summerville said from the point of the general taxpayer, 50% of something is better than 0%. Ms. Hagevig clarified he felt that what ever the state reimbursement rate was would be acceptable to him.

    Dennis Harris, 352 Distin Avenue, said he had a real problem with raising any more sales taxes on poor people. Until there is no sales taxes on groceries, he would have a real problem with adding more sales taxes. He testified about snow removal complaints and asked if the city could just hire someone for a month or so to supervise snow removal so there could be a decent snow removal operation back in effect. The biggest problem, aside from DOT not plowing sidewalks, was not plowing bus stops. The bus will no longer stop by the Lemon Creek Bridge because DOT or CBJ does not clear the bus stop. Other stops are also being skipped. He felt it was time for the city to work out a reimbursable agreement with the state on snow removal and start getting snow removal done, particularly snow removal that serves public transit. Public transit should work year round.

    Joyce Levine, P.O. Box 21705, agreed with Mr. Harris and said it was frustrating to hear when people miss a bus because the bus never showed up. That happened on 4th Street several times during all the snow. There was no notice put up letting people know that the bus was not coming up there. There was an article in the paper on Sunday and Capital Transit did put something on one of the radio stations, but she felt it needed to be a big broadcast to people who take the buses when there is not going to be this service. There needs to be an alternative plan for emergencies. This is not a record breaking year for snow and she would like to see a better plan implemented. With regard to the budget for half-hour service, she asked the Assembly to look into the "Welfare to Work" program. She thought it was a federal program that assisted people in finding work and in going to work. Perhaps there would be a grant that Capital Transit was eligible for. She could appreciate the difficulty of Mr. Kern’s position and she asked if the city might consider giving Capital Transit an assistant manager to help with grant writing. She said about 15% of Capital Transit riders are under the VIP program. CBJ gives these people free transportation on the buses. 15% of Capital Transit’s ridership might be eligible to work with part of the federal or state government. The five-year plan that has taken 15 years to implement partial half-hour service, should provide everyone with half hour service now, not just a few times and routes.

  5. CONSENT AGENDA
  6. MOTION - by Garrett, to adopt the Consent Agenda with the inclusion of Resolution 1979, and he asked unanimous consent. There being no objection, it was so ordered.

    A. Ordinances for Introduction

    1. Ordinance No. 99-03

    AN ORDINANCE AMENDING THE PURCHASING CODE TO REDEFINE THE TERM "PARTY" TO REPEAL THE REQUIREMENTS THAT ONE MEMBER OF THE BIDDING REVIEW BOARD BE A LAWYER, AND TO PROVIDE FOR RECOMMENDATIONS BY THE BIDDING REVIEW BOARD.

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

    2. Ordinance No. 98-17 (AA)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $75,000 TO PURCHASE A NEW HEALTH AND SOCIAL SERVICES MANAGEMENT INFORMATION AND BILLING SYSTEM. SUCH FUNDS PROVIDED BY LEASE PROCEEDS.

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

    3. Ordinance No. 98-17 (AB)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $75,000 TO CONSTRUCT A SECOND CATWALK WITHIN THE MOORING DOLPHIN AT THE FERRY DOCK WHARF. SUCH FUNDS PROVIDED BY PORT FUND UNRESERVED FUND BALANCE.

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

    4. Ordinance No. 98-17 (AC)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $114,000 TO PURCHASE LOTS 14, 15, AND 16, BLOCK D, GREENWOOD SUBDIVISION FOR OFF-STREET PARKING AND PUBLIC ACCESS TO THE BLACKERBY RIDGE TRAIL. SUCH FUNDS PROVIDED BY LAND FUND UNRESERVED FUND BALANCE.

    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. 1977

    A RESOLUTION AUTHORIZING THE MANAGER TO ACCEPT THE DONATION OF LOT 16A, ALASKA TIDELANDS SURVEY NO. 14 LOCATED AT DOUGLAS HARBOR FOR PUBLIC PURPOSES.

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

    2. Resolution No. 1978

    A RESOLUTION ELECTING TO PARTICIPATE IN THE RETIREMENT INCENTIVE PROGRAM ESTABLISHED BY CHAPTER 4, OF THE SESSION LAWS OF ALASKA, 1996, FIRST SPECIAL SESSION OF THE NINETEENTH LEGISLATURE, AND AS AMENDED BY CHAPTER 92, OF THE SESSION LAWS OF ALASKA, 1997, AND AUTHORIZING THE MANAGER TO ENTER INTO AN AGREEMENT WITH THE ADMINISTRATOR OF THE PUBLIC EMPLOYEE’S RETIREMENT SYSTEM TO FUND THE COST OF PARTICIPATION IN THE PROGRAM.

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

    3. Resolution No. 1979

    A RESOLUTION APPROVING THE DOCKS AND HARBORS MASTER PLAN.

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

  7. ORDINANCES FOR PUBLIC HEARING
  8. 1. Ordinance No. 98-17 (Z)

    AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $6,422 TO CONTINUE HISTORIC PRESERVATION OF THE JUALPA MINE CAMP HISTORIC DISTRICT LOCATED IN LAST CHANCE BASIN. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF NATURAL RESOURCES.

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

    Public Participation: None

    Assembly Action:

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

  9. UNFINISHED BUSINESS
    1. Transfer No. T-656: Transfers $6,638 from School-Art in Public Places (CIP F431) and $84,596 from School Health Safety and Structure (CIP F442) for a total transfer of $91,234 to School Facilities Planning/Dimond Park & Downtown Complex (CIP S454-66).
    2. Administrative Report: Attached. The Manager recommended that this transfer be approved.

      Assembly Action:

      MOTION – by Garrett, for the purpose of amendment. To delete the transfer from the Art in Public Places CIP of $6,638 to make the total transfer $84,596, leaving the Art in Public Places money where it is.

      Mr. Garrett said the money was appropriated for a specific purpose and he was sure there were other instances where that money could be used, including maintaining art that is already in places.

      Mr. Koelsch thought the title spoke for itself and that it was important that it has school with it. He did not think it would hurt to put more art in the schools.

      Ms. Hagevig concurred with the amendment and she asked, when looking at the budget sheet, where would the maker of the amendment propose to take the $6,638. Mr. Buck said it could come out of the contingency which has $20,000+ set aside for funds that have not been specified. Ms. Pierce added that the terms of these school projects would confine the money to the schools.

      Mr. Perkins asked Mr. Buck if the contingency amounts were a certain percentage of the project right off the top. Mr. Buck said it depended on the project. In this particular case, staff was trying to close out two old CIPs.

      Mr. Koelsch asked if the health, safety and structure funds could be used to improve the health, safety and structure of one of the existing schools. Mr. Buck said the titles that are given to CIPs vary and the original CIP was for health, safety and structural work on a specific series of projects. When those projects are done, the accounts are closed out so that there is not a lot of excess CIP accounts with remaining funds in them. That money could be designated to another project but instead of waiting for something to come along, they are trying to close the account out and get the money active again into a new CIP. Mr. Koelsch said there had been lots of needs for structure improvements and it bothered him that money was being taken out and used for other purposes.

      Ms. Muņoz asked what the $5,500 ballot information consultant was intended for. Mr. Buck was not able to answer what the consultant would be doing but he assumed it would be in preparation of drawings or different types of handouts or informational things to educate the public about what the ballot was about. Ms. Pierce said on the last ballot issue, fees were paid for architectural drawings and she was not sure exactly what the school district people had in mind for this item. Ms. Muņoz said during the last election, the school district used public money to wage an advertising campaign to influence the outcome of the election. She hoped the information would be neutral and free of personal opinion if it would be paid for with public funds. Ms. Pierce said objective neutral information should always be included.

      Ms. Hagevig asked if 20-390 and 10-390 were both architects. Ms. Pierce believed the consulting was for the architectural firm. She noted that now they were considering developing different concepts to show people what different options might look like. Then they would arrive at one option and try to do some more work on that and flush it out. That was her understanding but she stated she had not been closely involved. Ms. Hagevig said at one of the meetings she attended, they were told that the bulk of the money under 20-390 was to pay subcontractors, the local architecture firm that was still subbing to DeJong & Associates. Ms. Pierce said that was her understanding as well.

      Mr. Koelsch asked if it would make any difference if there was a spring election or a fall election in the cost of this. Ms. Pierce said with every month that goes by, costs go up. It would not make a difference in the year that the school is constructed. Mr. Koelsch clarified there was no money in the transfer for a special election. Ms. Pierce said the source for the cost of the election, the $45,000, had not been identified.

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

      There being no objection to the main motion, of the transfer request Serial No. T-656, with the deletion of $6,638.00 from the 1981 GEO bond, it was so ordered.

    3. NOAA Lobbyist – Continuation of Services
    4. Administrative Report: Mayor Egan asked the Assembly about continuing Mr. Smith’s services until the NOAA project was complete. Mr. Smith has a lot of expertise on the project and did a lot of positive work. He agreed to accept a proposal, but no dollar amount was mentioned. Mayor Egan said he was considering retaining him for another year for $5,000.00. He added that Mr. Roots would be in Juneau on the 25th to tour the city and meet with the Assembly at 5:00 p.m. that evening.

      Assembly Action:

      MOTION - by Hagevig, that the Assembly approve the continuation of Mr. Tony Smith as the lobbyist with a special interest in Washington D.C., and that being the continuation of his work on the NOAA project and that the amount approved be $5,000.

      Ms. Hagevig asked what funding source would be used. Ms. Pierce said the Assembly contractual account.

      Mr. MacKinnon asked if he would be retained for another year of until the project was complete. Mayor Egan suggested retaining him on a year to year basis.

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

    5. Proposed Decision: Landvik v. Planning Commission (USE98-00045).

Administrative Report: Attached. As this was an adjudicatory matter, the Manager had no recommendation. Mr. Corso reviewed the proposed decision and noted that the comments had raised a variety of issues. Mr. Walsh, on behalf of the appellant, asked for some clarification on the extent to which Mr. Landvik may undertake construction and he also seeks to recover fees and costs that have been paid by the appellant. Mr. Doug Larson, on behalf of the Downtown Neighborhood Association (DNA) raised a total of 14 issues. Ms. Easterwood, for the Planning Commission, questions the relationship between the remedy proposed in the draft decision and that contained in the findings of the staff recommendation presented to the commission. Mr. Corso suggested continuing this item to try to work out the questions of Mr. Larson and concerns of Mr. Walsh. Mr. Corso suggested doing an outline summarizing the various issues and to seek clarification from the parties. He could then present a range of options for the Assembly to consider.

Ms. Muņoz said certain questions are related to policy decisions of the Assembly. Mr. Corso said he would probably avoid some of the larger issued proposed by the DNA as those were policy matters. For those issues related to the appeal, he would summarize them and relate them to the applicable provisions of the code and confer with the parties. Ms. Muņoz asked if the Assembly would then meet at a different time to consider the other questions. Mr. Corso would have his outline prepared for the next meeting.

Assembly Action

MOTION – by Garrett, to request the Attorney, as appellant advisor, proceed as he has outlined, to summarize and make sure that the parties agree to his presentation of the options for the amendments to the decision to be discussed at the next regular meeting.

Mr. Garrett said if there was a special meeting between now and the first meeting of March, this item would be considered at that time.

There being no objection, it was so ordered.

B R E A K

8:00 p.m. – 8:15 p.m.

Mr. Garrett left the meeting.

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

A. Manager’s Report - Action Items - the one item had been moved to the Consent Agenda.

B. Manager’s Report - Information Items

    1. Wetland Mitigation Bank.
    2. Administrative Report: Attached.

      Mr. Powell thanked the staff for doing the grant application for the mitigation bank. He said the letter referenced the plan in the second sentence and he suggested stating "as revised in 1997" so that it was clear that the plan had been revised. At the end of the letter, on the last statement, it says Federal Conservation Act. He asked if that was the Federal Land and Water Conservation Fund. Ms. Pierce would check on that.

    3. Y2K Staff Report

Administrative Report: Attached. Ms. Stadnychenko, the CBJ Y2K coordinator came forward for questions.

Mr. Perkins asked if the Hospital was included. Ms. Stadnychenko said the Hospital had a separate program that they began before the city started theirs. They would be providing information and updates on their activities.

Mr. Powell said there was state legislation introduced all over the country on liability and HB57 or HB82 is in the Alaska Legislature. It refers to immunity to municipalities and he asked if Ms. Stadnychenko had a sense of that legislation. She said she had received it today and had not had a chance to review it.

Mayor Egan said he would appreciate it if the Hospital, Harbors and Eaglecrest were included in the next status report because they were enterprise funds.

C. Attorney’s Report

Mr. Corso reported the CBJ had been named as a defendant in a lawsuit by the Estate of Frank Sagrato and his family for the drowning that occurred at the pool in March of last year. Bob Lasko of Robertson, Monagle & Eastaugh will be representing the city.

  1. MAYOR AND COMMITTEE REPORTS ON NON-AGENDA ITEMS
    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 said there would be a COW on the 22nd of February following the Special Meeting for the purpose of considering the Borges/DNA appeal that was filed last fall. He assumed the memo from Mr. Corso on the Landvik appeal could also be heard. The COW would be to hear a report on the US Census as well as an update on the Capital City fire rescue which was requested at the beginning of February.
    2. Finance Committee – Mr. Perkins had nothing to report.
    3. Human Resources Committee – Ms. Muņoz had the following appointments for confirmation:
    4. MOTION – by Muņoz, to confirm the appointment of Jack Kreinheder, Ke Mell and James Rehfeldt to the Energy Advisory Committee. There being no objection, it was so ordered.

      MOTION – by Muņoz to confirm the appointment of Ivan T. Show and Sharmon M. Strambaugh to the Fisheries Development Committee. There being no objection, it was so ordered.

      MOTION – by Muņoz, to confirm the appointment of Errol F. Arnaud to the Juneau Human Rights Commission. There being no objection, it was so ordered.

      MOTION – by Muņoz, to confirm the appointment of Julianne M. Heard to the Juneau Women’s Council. There being no objection, it was so ordered.

      MOTION – by Muņoz, to confirm the appointment of Barbara Murray and Shelley Perkins to the Juneau Youth Commission. Mr. Perkins noted a conflict. There being no objection, it was so ordered.

      MOTION – by Muņoz, to confirm the appointment of Linda S. (Lynn) Bartlett to the Parks and Recreation Advisory Committee. There being no objection, it was so ordered.

      MOTION – by Muņoz, to confirm the appointment of Kathleen Miller and Verner Stillner to the Social Services Advisory Board. There being no objection, it was so ordered.

    5. Lands and Resources Committee – Mr. Kibby said the Draft Land Management Plan (DLMP) had been completed and sent on to the Planning Commission for review and public comment. They expect to see the DLMP back before the committee by the end of the month for final review. The most significant change was an accompanying ordinance disposing of the identified CBJ land. Staff contacted the University in regards to a joint subdivision feasibility study which would look at approximately 650 acres of land located between Auke Lake, Montana Creek and the Mendenhall River. Staff reported that the UAS responded favorable and the committee requested that in writing, prior to moving on to the full Assembly. CBJ obtained 50 acres of land from the Mental Health Trust at 7 mile which is to be traded for equal value of CBJ land. Before making the land selection, the trust is awaiting an appraisal of CBJ land in Douglas above 5th Street. In addition, the Mental Heath Trust, CBJ, Goldbelt, DOT/PF and NOAA including the Coast Guard, were currently working together on a redevelopment plan for the sub-port. Last year CBJ donated 10 acres of land for a new armory. The local firm of Jensen Yorba Lott is designing the new armory including a gym and meeting rooms, which would be made available to the public. CBJ disposed of 14 acres of land for the Auke Rec. Bypass ROW. In exchange for disposing material on-site, the state will develop the sites for recreational purposes including ball fields, playgrounds and a community garden. CBJ disposed of 43 acres of land to Glacier Gardens Rainforest Adventure and 4.6 acres to the Thunder Mountain mobile home park, one lot to Habitat for Humanity and there are currently negotiations for a second lot. Last year CBJ made a $200,000 loan to Orca Point for low-income housing. The West Douglas master plan was completed last year. Last month Goldbelt CEO, Joe Beadle, appeared before the Lands committee and requested CBJ support for a bid or RFP release for West Douglas trees for road concept, with CBJ administrating the project. Mr. Beadle explained that congress approved $2M for the road extension and assured more funds would be available if progress was made on the project. Land committee requested that the CBJ identify CBJ requirements needed to enable the development to proceed and then draft a RFP which would not be implemented until the CBJ and Goldbelt have identified and agreed to the outcome of the development such as utility easement, public access, land trades, etc. CBJ completed a technical study for the CBJ Switzer Creek property. CBJ has entered into negotiations with the Catholic Church for a land trade. Recently, the St. Ann’s nursing home requested a lease for 2.5 acres located uphill of the Bartlett Regional Hospital. The site consists of land owned by CBJ, AEL&P and the State of Alaska. The land owned by AEL&P will be donated to the CBJ and subsequently leased to St. Ann’s. The state land will be acquired as part of the city’s municipal entitlement. Lands moved the lease proposal to the Planning Commission. He reported that on January 27th, Lands moved to the full Assembly the purchase of three lots in the Greenwood Subdivision in the amount of $114,000 from the Lands fund. The purchase would allow for access to 10 acres of CBJ land and for relocating the Blackerby trailhead. This started out as access to the 10 acres above the lots which the CBJ had no access to. This will help clear up the problems of the neighbors who have people walking through their lots to access the trailhead. Mr. Kibby said that Lands would meet Wednesday, 2/10 in room 211 to consider the sale of the JDHS built house, and the Tlingit Haida lot request. He clarified the Assembly would no longer be looking at requests of tax free donations of property and that the lots that had been identified for donation were going to be considered to replace money that had been loaned out.
    6. Ms. Hagevig asked for clarification of previous discussion. She asked if SAGA was asking for the tax-free contribution of land. Discussion ensued and Mr. Kibby said it had been clear direction that the Assembly wanted fair market value for the rest of the lots and that the city was not interested in any further donations at this time in the S'it'tuwan Subdivision. Mr. MacKinnon added that when that property was donated for a subdivision, there was a considerable amount of criticism that it would not be added to the tax base for at least 30 years. He was hesitant to consider any of those for donation unless there was assurance that they would be part of the tax rolls.

    7. Public Works and Facilities Committee – No report
    1. Board Liaison Reports

Mayor Egan stated the Alaska Committee would meet Wednesday at 7:00 a.m. in the JEDC Conference Room.

  1. ASSEMBLY COMMENTS AND QUESTIONS

Mr. Koelsch appreciated Mr. and Mrs. Felix’s approach and demeanor. He asked for a recap of what staff had done in regards to communicating with the Felix’s. Ms. Pierce said that at the break, she gave them a copy of the memorandum from Mr. Terry Brenner. It was a recap of his analysis and some of the recommendations that he had. She asked Mr. Felix to provider her with copies of the earlier letters that he mentioned and she would distribute those to the Assembly. After review, she plans to call Mr. Felix to discuss where he sees this heading. She said she was not clear on some of the points he made. Mayor Egan said he would like to see what Channel Construction was required to do and what they have or have not done.

Mr. Koelsch said that he works at the airport and he appreciated that enterprise’s way of dealing with snow. The phone calls he has been getting point out that snow removal is a major source of stress in this town right now. He asked how the snow crews were doing. Mr. Mueller came forward and reported that staff had been putting in a lot of overtime and that the Street Maintenance Supervisor for downtown, who does not get paid overtime, has been working five days a week/twelve hours a day for the last month. Mr. Mueller talks with him daily and he seems to be doing okay. He said in the construction business, overtime is not uncommon. The difficulty here is that they are working in front of the public, and the public is driving on the same road and walking on the sidewalks where crews are trying to plow snow. They were trying to give them one day off per week, although that is not always possible. He would pass on the Assembly’s concern. Mr. Perkins passed on his thanks to staff. He said in the neighborhood he lives in, staff is doing a real good job with snow removal. He knows the frustration with the berms that the equipment brings round and a person’s need to dig in and out of their driveways. He has only had a couple of calls, which were acted on quickly. Mr. Perkins asked whose responsibility it was to make sure the bus stops were cleaned out. Mr. Mueller said most of the bus shelters are on state highways; there are three downtown on city streets. Capital Transit would have to be the ones to remove the snow. Ms. Pierce directed staff to get community work service people to help because there is not staff with Capital Transit that can go out and shovel the snow. They are also trying to work with SAGA. When the state plows the road, they send two trucks side by side down Glacier Highway, where most of the shelters are, or down the Loop Road, where the rest of the shelters are. The bus shelters are filled in about 30 seconds.

Ms. Hagevig thanked all the people at CBJ who were responsible for taking care of a problem on Fifth Street in Douglas this morning. She suggested the possibility of adding additional contractors. Mr. Mueller said there were three contractors working right now. The contractors require a lot of supervision, and direction. It takes them a while to learn where they can and cannot put snow, where drain boxes are and so on. The two trucking contractors are directly supervised when they get on a city project. Staff loads the truck and that system works really well. Their experience with contractors has been awful, and reasonably good. He would rather pay his people overtime than try to supervise a contractor. The best way would be to hire someone on bid and spend a couple months with them planning out the work and specifications. Ms. Hagevig noted there were three people walking down Egan Drive because there were no sidewalks. Mayor Egan stated the city had taken the responsibility from the state and contracted with Bicknell down to Whittier. Mr. Mueller said he has worked with Bicknell to keep the city sidewalk from the city parking lot cleared and then through Parks and Rec. they have contracted with him to do Willoughby to Whittier on Egan Drive on the Centennial Hall side.

Ms. Muņoz asked if the TV public access station and the Empire could inform residents of any bus changes. Mr. Mueller said Mr. Kern was considering putting out temporary signs early in the morning after he has had a chance to access the situation each morning.

Mr. Kibby asked Mr. Mueller if he felt with the resources he had, he was keeping up with the snow. Mr. Mueller said currently he has a down grader and two down snow blowers so he was not too sure how they were doing, he hoped in the next couple days that equipment would be back on-line. Mr. Kibby asked the policy of dealing with an overload of snow in the community. Mr. Mueller said the two snow blowers they have had been running in the Valley all day Saturday and all day today. There has not been one working downtown since Friday. Mr. Kibby asked Ms. Pierce how it would be handled if it got to a point of being way behind. Ms. Pierce said there were provisions under the purchasing code to set aside normal bid procedures and go out and get contractors. The downside would be turning them loose with large equipment without a lot of preparation. Mr. Mueller said they had the only four snow blowers that could drive down a narrow street. Ms. Pierce added that Mr. Mueller was supplementing the down snow blowers with front-end loaders. Mayor Egan noted there may not be enough dump trucks because the loader was sitting idle waiting for a truck to return. Mr. Mueller said one of the contractors has a truck that is down. Mr. Powell asked if this was currently over budget and was there a contingency set up. Mr. Mueller said no, they would have to come back to the Assembly to ask for money. He said one of the problems they have is they do not get billings on a daily basis from contractors. Currently, it looks like they are going to be okay but in a couple weeks they will know more, once they receive bills from the contractors.

Ms. Hagevig referred to the request from Walsh Planning and Development to amend the Comp. Plan. She suggested sending it to the Lands Committee for quick disposal. There being no objection, it was so ordered.

Mr. Powell said the Felix’s were exercising a lot of patience and were trying to go through the proper channels without going into legal action. He hoped that would pan out for them. Two months ago he asked the Manager to come up with an analysis of uphill construction and its effects on downhill private landowners. He still has not seen anything on that. If there is not any satisfaction to the folks that come in, the Assembly should show leadership as far as permit compliance and enforcement. He suggested a task force under the Lands Committee just to take a look at what is being done. Mayor Egan noted that Mr. Buck was working on the report for the Assembly. Mr. Buck said he had been asked to bring a report back to PW&F either at the next meeting or the first one in March. He would be focusing primarily on what occurred over in Douglas to the Felix’s. Mr. Powell requested a copy of the report because he was not on the PW&F. Mr. Powell added that on the positive side of the snow, Eaglecrest was doing quite well. Mr. Powell went on to say that the Harris appeal was scheduled for March 22.

Mr. MacKinnon said with regard to the Felix’s problem, the Assembly should have a list of all the conditions on the permit and which ones were and were not complied with, before ordinance 98-17 comes before the Assembly the first of March. Mr. Kibby was concerned that if the city does not buy this property, someone else would. He said the city was very fortunate to be able to locate three adjoining lots that that would provide access to the property in the back. Mr. MacKinnon suggesting having a public hearing before buying the property because he felt the residents may not know there would be a development behind them. Mr. Kibby said the Land Management Program identified this property and there was a current public process for land disposal. He hoped that everyone had been brought into the loop over the last eight-year process.

Mayor Egan announced that the clerks were meeting in Juneau and he congratulated Ms. Miller on her appointment as president of the Alaska Clerks. He noted there was a good turn out for the conference. Tomorrow, the National Guard Leadership Conference would begin in Juneau. Mr. Powell would be welcoming them as Mayor Egan would be moderating the Economic Summit that starts in another room in Centennial Hall. That would go from 8 a.m. to 3:30 p.m. Immediately following the summit, the SE Mayors would start meeting and would meet tomorrow evening and all day Wednesday. The AML and Alaska Conference of Mayors would be meeting Wednesday afternoon, Thursday and Friday. The Assembly was invited to a reception at his house Thursday evening. Finally, Mardi gras, a fundraiser for the Friends of the Museum, would begin at 6 p.m. on Saturday at the Prospector.

  1. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  1. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 9:02 p.m.

Signed: ________________________________

Mayor Egan

Countersigned: ________________________________

Marian Miller, Clerk