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THE CITY AND BOROUGH OF JUNEAU, ALASKA

APRIL 12, 1999

CONTINUATION OF MEETING NO. 99-12: The April 5, 1999 Regular meeting of the City and Borough of Juneau Assembly, held in the Assembly Chambers of the Municipal Building, was called back to order at 6:28 p.m. by Mayor Dennis Egan.

ROLL CALL

Assembly Present: Kibby, MacKinnon, Perkins, Powell, Egan, Hagevig and Koelsch

Assembly Absent: Garrett and Muñoz

A quorum was present.

Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Steve Gilbertson, Lands-Resources Manager; Donna Pierce, Deputy City Manager; Cynthia Johnson, Lands-Resources Officer; Craig Duncan, Finance Director; Kim Kiefer, Parks and Rec. Director; Joe Buck, Engineering Director; Barbara Craver, Assistant Attorney; and Roger Healy, Chief Projects Engineer

  1. CONTINUATION OF ORDINANCES FOR PUBLIC HEARING

1. Ordinance No. 99-11

AN ORDINANCE REPEALING AND READOPTING THE CITY AND BOROUGH OF JUNEAU LAND MANAGEMENT PLAN, AUTHORIZING THE SALE OF CERTAIN CITY AND BOROUGH LAND IN ACCORDANCE WITH THE PLAN AND SETTING FORTH THE TERMS AND CONDITIONS RELATED TO THE SALE.

Administrative Report: Attached. Mr. Gilbertson reviewed his Memorandum of April 9, 1999 which outlined the major issues brought forward during the public review and recommended amendments to Ordinance 99-11.

Public Testimony was closed

Assembly Action

Mr. Kibby stated he appreciated the memo and he thought Mr. Gilbertson was right on target.

Amendment – by Kibby, working from staff’s memo dated April 9, 1999, page 2, number 4, 2nd line, to delete "reservation plan and".

Mr. Kibby spoke to the motion and said he was concerned that there would be a different process that has to be outlined. Mr. MacKinnon asked if it was his intent to make the various amendments in item 5 and Mr. Kibby said yes.

There being no objection, it was so ordered.

Amendment – by Kibby, page 3, section 5, deleting Reservation Plan throughout the section. The second to the last sentence and the last sentence would be combined and changed to read "The Planning Commission shall conduct a public hearing on the Managers findings and make recommendations to the Assembly for adoption by resolution".

Mr. Powell asked the definition of Reservation Plan. Mr. Corso said the attempt was to avoid confusion with the Land Management Plan. The existing process is this ordinance and the Land Management Plan. A new Land Management Plan authorizes the disposal of specified parcels and this section adds a new public review process that would be completed as each parcel is disposed of. There would be additional work as a result of this ordinance which is the public review process to address (a) – (d) of section 6.

Mr. Kibby said there was already a process set up for the Planning Commission, a full regulatory process for state and federal. What is being set up here, within the plan, is a process above those. Mr. Corso added that it formalizes it by requiring a Planning Commission and Assembly action by resolution.

There being no objection, it was so ordered.

Mr. Powell referred to page 3, number 5, of the memo, where it says "retained or otherwise reserved for public values or uses including . . ." Further down, it talks about Planned Unit Development. He thought there was discussion about land and then a technique. Mr. Corso said one of the effects of a PUD is to concentrate development; gather everything into one space and have space left over for greenbelts and such. That is why it is a technique that might be relevant to these values.

Amendment – by Powell, in Section 6, before the small (a), include "but not limited to". There being no objection, it was so ordered.

Mr. MacKinnon was concerned that amendments were being made to something that had not been formally adopted. Mayor Egan said it had been moved and amendments were being made to 99-11 using Mr. Gilbertson’s recommendations. Mr. Kibby said his purpose was to move Mr. Gilbertson’s recommendations. Mayor Egan said everything would then be moved in one motion as an amendment.

Amendment – by Powell, under the memo’s section 4, on page 2, to add section 5(b) to read "For Tracts U.S.S. 3873 and 3406, the CBJ will work with the University of Alaska to develop a plan for these parcels and the adjacent lands owned by the University that identifies land suitable for disposal and land that should be retained for public purposes and protect public resources and values."

Mr. Kibby clarified that Mr. Gilbertson was currently in negotiations and working in that endeavor. Mr. Gilbertson said staff was working with the University at the present time to undertake a masterplan. In the Land Management Plan, the map that shows the Auke Lake property, some of the comments in there suggest that the city will do a joint feasibility study with the University so the proposal to work with the University is consistent with what is in the plan. There is not an MOU yet, they are just beginning discussions.

Mr. Perkins said that Mr. Gilbertson’s opening statement talks about working with neighborhood groups and individuals affected in that area, so he would guess that it would go without saying that the University is the land owner adjacent to the property in question and they would automatically be in the loop. It may be redundant to include this amendment.

Mr. Palmer commented that there was a public process already in place so it would be inherent in the wording already adopted, a cooperative effort.

Mr. Powell withdrew his amendment.

Mr. Powell noted that the first sentence of the analysis includes the word neighborhood but the word is not used in the text of the amendments that was offered. Mr. Gilbertson said involving the neighborhoods was inherent in the public review process that is done with the Planning Commission and Assembly. Mr. Powell referred to the neighborhood ordinance which directs that they will be notified if there is any significant actions.

MOTION - by Kibby, to move Steve Gilbertson’s recommendation of amendments to the proposed ordinance, dated April 9, 1999, as amended, and he asked unanimous consent.

Mr. MacKinnon agreed with the amendments but he said when looking at large parcels of land, taking out pieces, he would hope there would still be something developable should there be a need for housing down the road.

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

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

  1. Ordinance No. 98-17 (AF)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $4,000 FOR PURCHASE OF A PAINTING FOR THE CITY MUSEUM’S PERMANENT COLLECTION. SUCH FUNDS PROVIDED BY THE MUSEUM ACQUISITION FUND.

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

Public Participation: None

Assembly Action:

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

  1. Ordinance No. 98-17 (AG)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $139,839 FOR THE FOLLOWING AIRPORT CAPITAL PROJECTS: GUIDANCE SIGNS/LAYOUT PLAN, JUNEAU AIRPORT RUNWAY LIGHTS, AND ACQUISITION OF A REPLACEMENT UREA TRUCK. SUCH FUNDS, $135,376 PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION AND $4,464 PROVIDED BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.

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

Public Participation: None

Assembly Action:

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

4. Ordinance No. 98-17 (AH)

AN ORDINANCE AUTHORIZING THE MANAGER TO TRANSFER THE SUM OF $72,682.

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

Public Participation: None

Assembly Action:

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

5. Ordinance No. 98-17 (AI)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $1,000,000 FOR MENDENHALL TREATMENT PLANT IMPROVEMENTS. SUCH FUNDS PROVIDED BY A LOAN FROM THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

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

Public Participation: None

Assembly Action:

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

Ms. Hagevig commended the work of the Public Works Department on this very difficult issue.

  1. UNFINISHED BUSINESS - None
  2. NEW BUSINESS was dealt with in the meeting of April 5, 1999.
  3. Mr. Perkins referred to the Hayes appeal and asked if the city was spinning its wheels in dealing with this as it was under court review. Mr. Corso said a good deal of wheel spinning was going on, much of which the city has managed to control by an agreement with the Hayes’ that matters would be certified directly to court. The Assembly would still have to go through the hearing motions.

  4. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items- None

B. Manager’s Report - Information Items

    1. North Douglas Community Garden
    2. Administrative Report: Attached. No action was required by the Assembly.

    3. Office Consolidation – this item was dealt with during the Committee of the Whole.

C. Attorney’s Report

    1. Last Chance Coop et al v. CBJ

Administrative Report: Attached. Mr. Corso commended Mr. Hartle for his good work. The delinquency notices would proceed to be published in the newspaper although they would contain a note that some of them were under appeal.

  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 reported on the earlier COW in which they discussed ordinance 99-09 and the proposed office consolidation and gave direction to the Manager.
    2. MOTION – by MacKinnon, to instruct the Manager to suspend in CBJ 53.50.095(c), the DBE program indefinitely, pending the result and analysis of the need for the DBE program. The Manager will report to the Assembly beginning on April 19th regarding the analysis. There being no objection, it was so ordered.

      MOTION – by MacKinnon, to table ordinance 99-09 indefinitely. There being no objection, it was so ordered.

    3. Finance Committee – Mr. Perkins said Wednesday the 14th would be the first Finance Committee meeting to hear a budget overview of FY2000 revenue and expenditures. A draft schedule was handed out earlier for the next three months. He said Mr. Palmer sent out a memo regarding the RIP and based on some of the discussion he had within his memo, he felt it would be appropriate to bring this back up under finance to discuss with Mr. Palmer the policy, as well as some analysis of how to go about this and give him clear direction in the future. There being no objection, it was so ordered.
    4. Mr. Perkins thanked Mayor Egan for his letter of comments regarding the legislative short falls. Mayor Egan thanked Mr. Palmer for the overworked staff who provided the information.

    5. Human Resources Committee – Ms. Hagevig said the committee meet last Monday and had the following names to recommend for appointment
    6. Cheryl Hull, Cora C. Miller, Robert P. Gregovich Jr. and Lolus Carol Westbrooks for the American’s with Disabilities Act Committee;

      Whitey Bloom for the Docks and Harbors Board;

      Ronald L. Ross for the Fisheries Development Committee;

      The committee recommended sunsetting the Health Care Coordinating Council;

      Robin Sahnow to the Housing Advisory Committee; and

      Ms. Miller would need to contact the incumbents of the Personnel Board.

    7. Lands and Resources Committee – Mr. Kibby announced they would be meeting on Wednesday the 14th in room 211. The main issues would be West Douglas/Goldbelt and the Gravel Pit.
    8. Public Works and Facilities Committee – Mr. MacKinnon reported that they met at noon and then in the evening last week. They made a number of amendments to Title 19, the Building Code, which would come to this body fairly soon in the form of a ordinance.

Ms. Miller brought to the Assembly’s attention the memo in the file regarding the election deadlines.

    1. Board Liaison Reports – Mayor Egan reported that the Alaska Committee met last week and received a report from Alaska Airlines on the constituent airfare which had been very popular in prior months. He noted there would not be a meeting this week.

He said there was a delegation meeting scheduled for noon on Friday

Ms. Hagevig reported on the Harbor Board meeting which was Thursday night. They heard a report of what was presented to the Parks and Rec. Advisory Committee with respect to different options being considered and reviewed for the changes in the Marine Park area and the deck over. There would be a third public meeting on that tomorrow night at Centennial Hall at 5:00.

  1. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None

VIII. ASSEMBLY COMMENTS AND QUESTIONS – Mayor Egan allowed comments and questions one more time, since it had been a week since the last report.

    Mr. Koelsch noted that the squatters were back in North Douglas and he asked Mr. Palmer to explain what the city would be doing. Mr. Palmer said the police had been sent out last week and he had not heard a report back yet. If they were still there today, he would call the JPD again.

    Mr. Powell referred to the testimony regarding 30 days notice for tenants. He asked how those folks were being helped out. Mr. Palmer said the direction he understood from the Assembly was to proceed with a change to the code which would require landlords to show that they have provided notice to tenants when they are applying for land use permits. He said their ability to respond would be limited to staff’s authority which could be tied to land use.

    Mr. Powell recalled that the housing person would be used to give them some aide in finding places. Mr. Palmer did not recall that. Mr. Powell added there was no guarantee, but that person would assist those folks who may not have been properly noticed with regards to other places that might be available.

    Mr. Kibby said the direction was in that vein, but it went a little further than just that the person notify the tenants. The builder was to notify the tenants of the building and surrounding dwellings in a given area. Mr. Palmer did not know how the applicant could be asked to have another landlord provide a list of tenants. He was not sure there was an obligation that landlords disclose to a third party, the list of tenants. Mayor Egan agreed that the direction was to have the landlord notify all the tenants. Mr. Palmer added that that was for change of a use of the applicants building which had tenants in it. Mr. Kibby noted that the conditional use process should include notice to the tenants in surrounding buildings, within the 300-foot radius; their lives could also be affected by a change in use. Ms. Hagevig noted the intent of her discussion last week was that a mechanism be in place to assure the tenants of an existing building that are going to be affected are notified and that somehow or other, proof of that be placed in the file for the Planning Commission to review as one of the pieces that the conditional use process could not move forward without. She said she would have to think about being able to notify people who rent beyond that. Mr. MacKinnon said that was done to a certain extent, by the use of the big red sign that is put up for any land use action, which is required to be put up by the applicant.

    Mr. MacKinnon said at the COW on the 29th of March, they discussed the Pt. Stephens extension. He had looked at all the information and comments and a lot of comments were favorable, yet a lot of people did not want the city to be involved in this. He said he called a couple of people in the business of taking raw property and turning it into moderate sized subdivisions, and asked them if they would be receptive to an RFP or letter of interest that basically offered the property in exchange for the infrastructure development there. Two people responded favorably and one said he could do the improvement for less than the city could. He asked the body if the project should be put out as an RFP, in exchange for the development of the subdivision, the driveway access and water service.

    Mr. Perkins said in light of potential budget woes, he would be interested in having staff put something together along those lines. He would like assurances that before there was development of the property, that the water lines get put in before anything is built and sold.

    Ms. Hagevig asked if an appraisal had been done on the property. Mr. Palmer said no commercial appraiser has been done. Mr. MacKinnon said the figures that had been used were from the Assessor. Ms. Hagevig clarified an appraisal would reveal the fair market value. She thought Mr. MacKinnon’s idea was worth exploring as this was a health and public safety issue that needed to be resolved.

    Mr. Koelsch asked if this would be a commitment or direction. Mr. MacKinnon said an RFP was not binding until the dotted line is signed by the city and whoever responds to the RFP. He said he would like Mr. Buck to draft something up, looking at the public’s best interest and that would insure that those residents could get water. If a decision was made soon, they could get water out there by fall. Mr. Palmer clarified the intent was for a draft RFP for a full build up that would go back to the COW.

    Mr. Powell asked how the body felt about Pt. Stephens. There were a lot of policy issues with regard to selling the property or making parkland. He said he was not opposed to a RFT, but if there was a draft RFP, he would like to look at the other alternatives again, with more members present.

    Ms. Hagevig asked Mr. MacKinnon if the RFP would contemplate doing the improvements to the park area that was anticipated in that particular version. Mr. MacKinnon suggested putting it on the table; someone may be able to make an offer. Ms. Hagevig asked if the RFP would ask people to provide a variety of options to look at. Mr. MacKinnon said there would have to be a method of grading them, a timeline and a question of "what will you do in exchange for this". We could list a minimum.

    Mr. Corso said one issue would be whether and how to use a RFP to accomplish what might be capital improvements.

    Mr. Powell noted that he was talking about alternative three, what was looked at last time when only six members were present.

    Mr. Palmer said at the last meeting there was also discussion about getting real estate advice. He spoke with John Williams about getting a marketing plan estimate telling how long it would take to sell the lots and the value and so forth. Mr. Williams said he could put the report together for $3,500, so Mr. Palmer did not pursue it.

    Mayor Egan said there was a request for two people to fly to Vladivostok in July. The cost would be $2,468.52 per individual. The group would be coming back to find out if the Assembly would be participating.

    Mayor Egan had a request from Coeur Alaska. Mr. Kibby asked to step down. Mayor Egan said the Environmental Protection Agency had an office innovation and they have an XL program which is a different process for getting permits. The EPA has requested that the COE apply for this XL program. It has nothing to do with the permit itself, just the process. They must have approval from the local government and the state allowing them to apply for the XL program.

    Mr. Koelsch asked if the Assembly could have an opportunity to read the request and discuss this at the next meeting. Mr. Powell agreed. Ms. Hagevig asked staff to get a definition of what XL actually meant.

IX. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 7:45 p.m.

 

 

Countersigned: ________________________________

Marian Miller, Clerk

 

 

Signed: ________________________________

Mayor Egan