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THE CITY AND BOROUGH OF JUNEAU, ALASKA

APRIL 19, 1999

MEETING NO. 99-13: 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 Deputy Mayor MacKinnon.

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

    Assembly Absent: Egan

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Joe Buck, Engineering Director; Craig Duncan, Finance Director; Ernie Mueller, Public Works Director; Roger Healy, Chief Projects Engineer; Dave Miller, Airport Manager; Joan Wilkerson, Personnel Director

  4. APPROVAL OF MINUTES
    1. 03/15/99 – Special Meeting No. 99-08
    2. 03/15/99 – Regular Meeting No. 99-09

MOTION - by Kibby, to approve the minutes of Special Meeting No. 99-08, held March 15, 1999, and he asked unanimous consent. There being no objection, it was so ordered.

MOTION - by Kibby, to approve the minutes of Regular Meeting No. 99-09, held March 15, 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. Mr. Palmer noted the agenda had a notation in the right corner saying "Revised". Item A-1 on the consent agenda, he would like to change the Manager’s recommendation to say public hearing "Wednesday, April 28th Special Meeting." He then pointed out that page 9-10 of resolution 1984 was updated and that was the reason for the revised agenda.

  3. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  4. Mitch Falk, 18650 Trails End Drive, on Pt. Stephens. He said he was presently involved in a rather extensive remodel of his house and property. He has to put in a new foundation and he asked for resolve about the Pt. Stephens water issue. If he does not receive water out there, it would involve putting in an extensive cistern and a water treatment plant. All his building materials need to come in by barge.

    Jim Wilson, 2355 Ka-See-An, local business owner at the airport. He testified that during the remodel of the airport, they were required to move from their lease to another location. They did not receive the proper notification and they were not given equivalent space, but they still had to operate in that area. During the summer of the paving, they received $35,000 worth of damage to one of their engines. They had it repaired and submitted a claim to the CBJ. He has not received anything from the city, however he had communicated with the insurance company several times. To the insurance company, $35,000 is a relatively small claim and the lawyers were putting up stumbling blocks to not have to pay this claim. The small claims limit is $7,500. In order to take legal action on a $35,000 claim would cost between $20-25,000. He felt that a city employee made a wrong decision that cost him the $35,000 and he should have some recourse where he could either take it to the Assembly or someone else, rather than deal with the insurance company thousands of miles away.

    Mr. Perkins asked when was his letter to the city sent and to whom. Mr. Wilson said initially he sent it to Dave Miller, the Airport Manager, who acknowledged that he had received it and forwarded it to the Risk Manager. Later, when he received final bills from the engine manufacturer on the repairs, he took them to the Risk Manager. Mr. Perkins asked when the process started. Mr. Wilson said January 15, 1998, was when the paperwork was given to the city. Mr. Perkins asked Mr. Palmer to look into this and find out what the response was. He directed Mr. Palmer to meet with Mr. Miller and report back to the body.

    Mr. Garrett recalled Mr. Wilson coming to the Assembly prior to this project with concerns about how he would operate in the interim. Mr. Wilson said he did appear before the Assembly once and the Airport Board several times. Mr. Garrett asked if the damage to the engine was caused by debris in the area. Mr. Wilson said it was a very dusty environment and a turbine engine turns at 40K RPM. Dust got on the inside of the turbine and caused an out of balance situation that caused the blades to rub on the outer housing. Mr. Garrett clarified the claim was only for the repair, not for lost business. Mr. Wilson said for the damage to the engine and the labor. They had to rent and engine for a short time and then the cost of shipping it back and forth and the labor involved came to about $35,000.

    Mr. Kibby asked Mr. Palmer for an explanation on how the insurance worked. Mr. Palmer said the city was no longer self-insured for this kind of claim. His understanding was that this had been submitted to the insurance company and they turned it down; he thought there was a response. Mr. Kibby wanted to know whether or not the Assembly had the ability to take action when they hear a member of the community come forward. Mr. Kibby asked what other alternative Mr. Wilson had sought besides litigation. Mr. Wilson said other than going to the airport, submitting a claim and forwarding it on, all his dealings had been with AIG Insurance Company, no one else has contacted him. Mr. Kibby agreed with Mr. Perkins and would like to hear more on this case.

    Mr. Powell clarified that this came up the other night under executive session with the Airport Board. He understood that since that time, the Board was communicating with Mr. Palmer and figuring out what the process would be. Mr. Palmer said he had a call from a member of the Airport Board, Joe Heueisen, who said the board had referred it to him and he wanted to know what the procedure was. Mr. Palmer said claims against the city were turned over to the insurance company to let the insurance adjusters make a determination. Mr. Powell asked the history of the city in dealing with insurance claims. Mr. Palmer said typically claims were handed over to the insurance company and they were negotiated out, either settled or not. People are free to come to the Assembly, but he cautioned the Assembly about getting into the insurance adjusting business. Mr. Powell asked if Mr. Palmer recalled a history of the Assembly dealing with insurance claims, as a body. Mr. Palmer said the ones that come to mind were ones that were in litigation. The Assembly then sits and hears from attorneys from both sides and then make determinations on settlements. Mr. Corso added that it was primarily economics that determine the issue. If the city settles without the agreement of the insurance company, they do not contribute any money as part of the settlement. If settlement occurs, it is usually later in the development of the case, after discovery and evidence that provides a reason for the settlement. It may be that the insurance company has declined to settle because it thinks the city has a good defense. If the case goes further, it is possible that the discovery would reveal that the city does not have a good defense, in which the parties would agree to settle and presumably the insurance company would be part of that.

    Mr. Wilson said at the Airport Board meeting, he had been led to believe that he did have an appeal and that the proper one was to go to the Assembly. The Airport Board informed him that they had been advised by Mr. Palmer that his only action was legal. He did not think that was appropriate as taxpayers should be allowed to be heard by the people they elect. He said he pays the insurance company $300,000 a year.

    Mr. MacKinnon asked Mr. Wilson if he was informed that the claim that the city submitted to the insurance company was denied. Mr. Wilson said the only person who had denied it was from the city’s insurance company. No one from the city has contacted him since the letter of January, 1998 from Dave Miller.

  5. CONSENT AGENDA

Ms. Hagevig removed item A1, Ordinance 99-13 from the Consent Agenda.

MOTION - by Hagevig, to adopt the Consent Agenda with the exception of item A1, and she asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

2. Ordinance No. 99-14

AN ORDINANCE EXEMPTING DEVELOPMENT OF SHORT STREET FROM THE REQUIREMENT FOR A MINIMUM OF 30 FEET OF FRONTAGE ON A PUBLICLY MAINTAINED RIGHT-OF-WAY.

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

3. Ordinance No. 99-15

AN ORDINANCE AMENDING THE LAND USE CODE TO REQUIRE NOTICE TO TENANTS AS PART OF THE PROCESS FOR ISSUANCE OF A PERMIT FOR A CHANGE IN USE OF A MULTI FAMILY RESIDENTIAL DEVELOPMENT.

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

4. Ordinance No 99-16

AN ORDINANCE APPROPRIATING MONEY OUT OF THE TREASURY FOR FY00 SCHOOL DISTRICT OPERATIONS.

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

    1. Ordinance No. 99-17
    2. AN ORDINANCE APPROPRIATING MONEY OUT OF THE TREASURY FOR FY00 CITY AND BOROUGH OPERATIONS.

      Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at a special meeting April 28th and forwarded to the Assembly Finance Committee for review.

    3. Ordinance No. 98-17 (AK)
    4. AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $1,680,000 FOR IMPROVEMENTS TO THE J-D WASTEWATER TREATMENT PLANT. SUCH FUNDS PROVIDED BY A LOAN FROM THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

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

    5. Ordinance No. 98-17 (AL)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $27,595 AS PARTIAL FUNDING FOR CONSTRUCTION OF SECOND-LEVEL ACCESS LOADING STAIRS AT THE JUNEAU INTERNATIONAL AIRPORT.

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. 1986

A RESOLUTION REPEALING RESOLUTION 1362 AS AMENDED BY RESOLUTIONS 1589 AND 1629, AND REESTABLISHING THE INTERNATIONAL RELATIONS ADVISORY COMMITTEE OF THE CITY AND BOROUGH OF JUNEAU.

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

C. Transfer Requests:

1. Transfer No. T-661: TRANSFERS $16,898 FROM INDIAN VILLAGE IMPROVEMENTS (CIP D374-02), $75,000 FROM NANCY ST./TONGASS BOULEVARD RECONSTRUCTION (CIP R412-53), AND $75,000 FROM ST. ANN’S AVENUE RECONSTRUCTION (CIP R412-61) FOR A TOTAL TRANSFER OF $166,898 TO GLACIER/WILLOUGHBY AVENUE RECONSTRUCTION (CIP R412-46).

Administrative Report: Attached.

2. Transfer No. T-662: TRANSFERS $45,000 FROM ST. ANN’S AVENUE RECONSTRUCTION (CIP R412-61) TO CHIP SEAL/SEALCOAT EXISTING STREETS (CIP R412-68).

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

Ms. Hagevig asked to step down as there was a potential conflict of interest between the organization that she works with and St. Ann’s nursing home.

A-1 Ordinance No. 99-13

AN ORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS (ST. ANN’S CARE CENTER PROJECT), OF THE CITY AND BOROUGH IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000; AUTHORIZING THE EXECUTION AND DELIVERY OF THE NECESSARY FINANCING DOCUMENTS IN CONNECTION THEREWITH; AUTHORIZING THE PROPER OFFICIAL OF THE CITY AND BOROUGH TO DO ALL THINGS NECESSARY OR ADVISABLE TO CONSUMMATE THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, CONTENTS, DENOMINATIONS, MATURITIES, MANNER OF EXECUTION, COVENANTS, SECURITY, OPTIONS OF REDEMPTION; AND PROVIDING FOR A NEGOTIATED SALE OF SUCH BONDS TO SEATTLE-NORTHWEST SECURITIES CORPORATION.

Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the special meeting of April 28, 1999.

Mr. Garrett noted that there was a special meeting on the 28th and the next regular meeting was three business days later, he asked why it not just be done on the 3rd. Mr. Duncan said the special meeting was not for this, it would be to set the minimum amount of local support for education which was required by a state statue. This was just added to the agenda.

Public Participation: None at this time.

Assembly Action:

MOTION – by Garrett, to amend the date of the public hearing to the Regular meeting of May 3rd.

Mr. Garrett felt this was an item that people would be interested in and as a matter of practice, special meetings do not get attended.

MOTION – by Garrett, to move ordinance 99-13 for introduction.

Mr. Palmer said the notice had been sent and he would have the Clerk look into having it pulled. The notice for the regular meeting has not been given for this ordinance and is scheduled for the 28th. Ms. Miller noted that the notice of the meeting on the 3rd would go out tomorrow for Friday’s paper.

MOTION – by Garrett, to amend the date of the public hearing to the Regular meeting of May 3rd. There being no objection, it was so ordered.

Ms. Hagevig returned to her seat on the panel.

Mr. Perkins had a question on the transfer request, T-662. He asked Mr. Palmer for assurance that there would not be the problem again this year, with regard to the city and the state having a composite crew doing this. Mr. Palmer said there was a change of the city charter at the last election that took care of the problem.

  1. ORDINANCES FOR PUBLIC HEARING

1. Ordinance No. 99-12

AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 85 OF THE CITY AND BOROUGH; FINDING THAT SUCH LOCAL IMPROVEMENT DISTRICT IS IN THE PUBLIC INTEREST; SETTING THE BOUNDARIES OF SUCH LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE ACQUIRED, CONSTRUCTED AND INSTALLED CONSISTING OF RECONSTRUCTION OF EXISTING ROADBED AND SANITARY SEWER SYSTEM, AND NEW CONSTRUCTION OF PAVEMENT, CURB AND GUTTER, SIDEWALKS, UNDERGROUND STORM DRAINAGE, AND A HIGH PRESSURE WATER SYSTEM FOR PORTIONS OF JOHN STREET, DAVID STREET AND SIMPSON AVENUE AT AN ESTIMATED COST OF $1,725,000 OF WHICH AN ESTIMATED $280,429 IS TO BE BORNE BY PROPERTIES SPECIALLY BENEFITED AND AN ESTIMATED $1,444,571 BY THE CITY AND BOROUGH; DIRECTING THAT THE WORK BE DONE; THAT ANY LAND NECESSARY OR USEFUL BE ACQUIRED AND THAT EMINENT DOMAIN INCLUDING USE OF DECLARATION OF TAKING IS AUTHORIZED; CREATING SPECIAL ASSESSMENT FUND NO. 85; AND FINDING THAT SPECIAL BENEFIT TO THE PROPERTY WITHIN THE DESCRIBED DISTRICT EXISTS AND THAT EACH LOT OR TRACT WITHIN THE DESCRIBED DISTRICT WILL BE SPECIALLY BENEFITED IN PROPORTION TO THE AMOUNT ASSESSED.

Administrative Report: Attached. The Manager recommended the ordinance be adopted.

Public Participation: None

Assembly Action:

MOTION - by Garrett, to adopt ordinance 99-12, and he asked unanimous consent. There being no objection, it was so ordered.

    1. Ordinance No. 98-17 (AJ)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $100,000 AS PARTIAL FUNDING FOR THE JUNEAU AREAWIDE TRANSPORTATION PLAN. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES.

Administrative Report: Attached. The Manager recommended the ordinance be adopted.

Public Participation: None

Assembly Action:

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

Mr. Garrett asked why this transportation plan was being proceeded with. He said recently DOT came in with their plans for Egan Drive. The plan was not done. Egan Drive is a primary arterial and what ever they do to that road will totally change this plan. He was befuddled about why the city was going to continue this process if it would not affect DOTs planning decisions.

Mr. Powell attended the DOT presentation and the improvements to Egan were at their very beginning stages. They have done a value engineering study, which lays out what they technically think should be done. There were options to those plans and because they are at the beginning, there is opportunity to change it. The other part of the equation really is what will be done downtown: where is the added 2-4% of cars, per year, going to go? The Juneau Areawide Transportation Plan would tell us what to do with those cars. He felt it was important that the $100,000 goes toward that planning effort, if that planning effort answers those questions. He was concerned because the DOT plan ends at the end of Egan and the city has to come up with a plan from the other end to coordinate between the local and state agency to come up with good solutions for transportation. If this money does not do that, then he would not support it. It is to coordinate city efforts with transportation planning and state efforts.

Ms. Hagevig said part of the answer was in a report from TRANSPO on the downtown parking study and how the city would manage parking in the future downtown. They provided several options and the ball is in our court. They had a pretty extensive presentation at the Public Works Committee and she said it seemed like some of the other issues that have been looked at in the community with respect to transportation have sort of evolved in separate components.

Mr. Koelsch said $100,000 was added to $319,000 to get the study completed. Part of it was parking, part of it was supply and demand for parking. He felt it was important to get this funded and that the study gets done so that when things come in from DOT, like the Egan plan and Haloff plan, there is already something in place to say no, that does not fit with what we envision. He said he finds the committee very focused and wanting to get it done for Juneau, as opposed to reacting to something.

Mr. Garrett said the Transportation Plan came out of the PW&F about two years ago, immediately following a presentation by DOT about the study they had just completed on Egan Drive and their announcement of what they were going to do. We agreed to look at the whole system of transportation in Juneau and try to partner with DOT and give them money for that partnership, but at the same time DOT was proceeding along, full steam ahead, on this other project which would have dramatic impacts on the Transportation Plan. One reason for doing the plan was so that when the Assembly reviews the STIP every fall, and makes recommendations, the recommendations for projects fit into some logical sequence of events. He offered a solution for consideration by the Assembly which would require some special effort on the part of the city with the lobbyist in Washington DC. Cities who reach the size of 50,000 in population can apply to become a Metropolitan Planning Organization (MPO); Anchorage is the only one in Alaska. The MPO gets the money and does the projects for every project in their boundary. Egan Drive would become the cities project and it could be integrated with everything that is being done, in a logical way. It would require special congressional action, but he suggested asking Senator Stevens to achieve special dispensation to lower the limit for Alaska on MPOs to 30,000 in population. He said he would support the ordinance and Transportation Plan, he was just frustrated that there still was not the melding of projects that they had hoped would occur.

There being no objection, it was so ordered.

  1. UNFINISHED BUSINESS
    1. Hayes v. Planning Commission, Appeal No. SUB98-00056: Stipulation
    2. Administrative Report: Mr. Corso reported that Mr. Hayes had appealed the decision of the Planning Commission to approve a subdivision on the AJ Rock Dump. The Assembly has heard similar appeals in the past and has affirmed the decision of the Commission. Mr. Hayes has appealed some Assembly decisions to Superior Court. A Stipulation was in the packet, and Mr. Corso recommended the Assembly authorize the Law Department to enter into the Stipulation, which would allow the matter to go to Superior Court if the Hayes’ wish to appeal it. Then the Assembly would not have to hear the same issue again.

      Mr. Kibby stepped down, stating a conflict of interest due to previous association with these properties.

      Mr. Garrett, as the presiding officer on previous Hayes appeals, reported that this was the same solution as the last three different appeals. He encouraged adoption of the Stipulation. There being no objection, it was so ordered.

      Mr. Kibby returned to his seat on the panel.

    3. Resolution No. 1984

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 EMPLOYEES RETIREMENT SYSTEM TO FUND THE COST OF PARTICIPATION IN THE PROGRAM.

Administrative Report: Attached. The Manager recommended that this resolution be adopted. He recommended that this not be offered to the Police Department as it has been difficult to recruit positions. He noted the new figures that would become part of the resolution after using the different calculations.

Assembly Action

MOTION – by Powell, to adopt Resolution 1984 amending section two, line two, to $906,457.00 and section three, line two, to $9,065.00, and he asked unanimous consent. There being no objection to the amendments, it was so ordered.

Mr. Powell clarified the Police Department was automatically excluded in this resolution as stated.

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

  1. NEW BUSINESS - None
  2. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS
  3. A. Manager’s Report - Action Items - None

    B. Manager’s Report - Information Items

    1. DBE

    Administrative Report: Mr. Buck reported that the DOT dropped their incentive program a number of years ago. They do not have it on any state-funded projects, only for federally funded programs. The states Civil Rights Office has been directed to do a disparity study by September for the State of Alaska to see if their DBE program will stand up. He believed it would take longer as the two Senior Managers who would have done the study resigned. He contacted the Minority Business Administrator with the City of Richmond Virginia, population 300,000, to find out what their program was like. They have been working on their DBE program since 1991 and so far they have put $1M into their program. The person from Richmond estimated it could cost between a quarter million to a million dollars for the study. He contacted a couple different consultants, one in Alaska, and one in California. The one from California said they could do a disparity study, only, in the range of $50-100,000 and it would take about four to eight months to do it. That does not create a program, just does the study. The consultant from Anchorage warned the city not to step into this. They said they would be glad to come and tell us not to do it and charge $25,000 or, they said they would do a disparity study and we could expect to be in the $100,000 to quarter million dollar range, but it probably would not stand up to legal scrutiny. This consultant indicated they make their money as expert witnesses for the attorneys who are suing municipalities.

    Ms. Hagevig asked Mr. Buck, in his estimation, were there businesses in Juneau that would be at a severe disadvantage or incredibly negatively impacted if the city goes ahead with this proposal. Mr. Buck said that was the purpose of a disparity study. Ms. Hagevig referred to earlier testimony by Ms. Meeks who said the State was determining the criteria of $700,000 net worth. She asked if the city had any idea of the businesses in Juneau that might fall into which category. Mr. Buck said on DOTs web page, they talk about the new DBE program and guidelines. From what he read, the US DOT was doing their thing with respect to grants, and a totally different thing was going on for the local communities and the need for these disparity studies. You have to look at your specific region, not statewide, and make the determination for your area. Usually the only available data is census data, which is statistical data, which would be torn apart in court. Ms. Hagevig clarified there was no consideration given to the State of Alaska, which is large in geographic area, but very small in population.

    Mr. Corso reminded the Assembly the CBJ was involved in a lawsuit on this subject. The plaintiff was seeking a preliminary injunction and the briefing was complete. They were expecting a ruling from the judge at any time. He respectfully asked the Assembly to keep that in mind before taking any action. He suggested continuing to inquire into the procedures for how this is done.

    Assembly Action:

    Mr. Powell preferred to not take action on this and just continue on.

    C. Attorney’s Report

    Mr. Corso said the Law Department web-site had a new name "www.cbjlaw.com". CBJ ordinances, regulations, the city code and the Charter are all available at that site.

    Mr. Garrett said the State of Alaska, Attorney General’s Office, was quite impressed with the work coming out of our CBJ Law Office in the Prosecutors Office. They think the addition of a second prosecutor has significantly toughened up the city’s positions and as a result, some "extraordinarily bad people are finally going to jail."

  4. 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. Finance Committee – Mr. Perkins passed out an updated Finance Committee schedule. There would not be a meeting on the 21st; the 28th would be the next meeting.
    2. Human Resources Committee – Ms. Muņoz offered the following appointments for conformation:
    3. MOTION – by Muņoz, to confirm appointment of Robert P. Gregovich, Jr., Cheryl Hull, Cora Miller and Lolus Carol Westbrooks to the American’s with Disabilities Act Committee. There being no objection, it was so ordered.

      MOTION – by Muņoz, to confirm appointment of Whitey Bloom to the Docks and Harbors Board. There being no objection, it was so ordered.

      MOTION by Muņoz, to confirm appointment of Ronald L. Ross to the Fisheries Development Committee. There being no objection, it was so ordered.

      MOTION – by Muņoz, to confirm appointment of Robin Sahnow to the Housing Advisory Committee. There being no objection, it was so ordered.

    4. Lands and Resources Committee – Mr. Kibby said the West Douglas MOA was moving forward.
    5. MOTION – by Kibby, that the CBJ Manager enters into negotiations with Goldbelt for the MOU.

      Mr. Kibby said the Assembly would have the MOU in the next couple weeks. Ongoing discussions include the actual trade of easements, utility corridors etc. and very hard fought recreational sight at Pt. Hilda. At the end of May, Goldbelt would be heading back east to secure additional funding for the road out North Douglas. In doing so, the Lands Committee would forward a resolution and the MOA so there would be something to take back to the delegation to show that we are moving forward. Mr. MacKinnon asked about the Pt. Hilda site and Mr. Kibby said it was 172 acres.

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

      Mr. Kibby had previously been directed to pursue timber sales and he said there was one person who requested Alder for commercial use. In the past, residents have asked if they can cut Alder, in addition there have been several blow downs of spruce within the CBJ. There is concern within the Lands Committee and he asked if the Assembly continued to wish to proceed. Ms. Muņoz asked that he keep the Assembly apprised of discussions and progress on the issue. Mr. Kibby said it would come back in the form of an ordinance. Mr. Powell said he would like to see the conditions of the timber sale.

      Mr. Kibby asked to be placed on the agenda of the Public Works Committee to go over the information on the Lemon Creek Gravel Pit. Lands had agreed with staff’s recommendations and would move to the full Assembly to accept the Gravel Pit Management Plan that was presented last fall. Mr. Garrett scheduled that for Wednesday at noon.

    6. Public Works and Facilities Committee – Mr. Garrett said the meeting on Wednesday at noon would consist of three items: review the proposed parking supply policies before it goes to the COW; update on the Steamship Wharf/Marine Park improvement project; and the Lemon Creek gravel pit. He asked that Mr. Palmer have the Harbor Master be prepared to give an update on the Douglas Harbor projects that were approved last fall on the bond proposition.

Ms. Muņoz commented that today the Transportation Steering Committee met on the issue of the parking policy and they had information that they would like reviewed at the Wednesday meeting when that issue was discussed.

e) Committee of the Whole – Mr. MacKinnon announced there would be a COW on Monday to hear the survey results of the Tourism Advisory Committee. He would also like to have a final discussion on Design Review.

    1. Board Liaison Reports

Mr. Garrett reported that the Building Code updates were moving in the direction of modifying the building codes in such a way that there would be a different standard for one and two family unit dwellings. There would be an ordinance for introduction on adopting the building codes on May 3rd. The ordinance would appear to say that we were deleting our disability code, but in fact, we would be adopting a set of ANC standards, almost in total, with regards to disability access. He said the code would not legally be effective until mid-June, but the Building Department said that once that direction was adopted, it would be applicable to people who were constructing this year. Mr. Garrett added that the Building Code Advisory Committee deserved special thanks, they spent an enormous amount of time working on this and just at the end of their process, a new set of national standards came out so they continued on. Mr. MacKinnon pointed out that the city was currently operating under the 1991 code and codes change every three years. They started reviewing for the 1994 code and the Assembly would be considering the 1997 code.

Mr. Koelsch said the High School Leadership team would be meeting at noon and several issues that the Assembly subcommittee brought up would be discussed. The School Board meets tomorrow night at 6 p.m. The Transportation Steering Committee reviewed parking policies last Thursday and today, for submission to the Public Works on Wednesday. They would be meeting again Thursday at noon.

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Mr. Koelsch was concerned with clearing of sidewalks and bike paths or dirt and gravel. Mr. Palmer said the street sweepers were out. Mr. Koelsch asked when re-striping would begin and Mr. Palmer said he would check. Mr. Koelsch said he would like to see certain goals revisited to see what progress or lack of progress has been made. Mr. MacKinnon offered to add that to the agenda of the COW and he directed the Clerk to provide a current list of the lobbying and Assembly goals. Mr. Koelsch then noted that the Marine Highway Building was going very slowly and he thought it was getting pushed further and further back. He felt it was an essential part of the education complex and he was getting frustrated in the priority that it was getting.

    Mr. Kibby asked what the bottleneck was. Mr. Koelsch said he was not sure if the municipality was in a reactive mode with what was going on in the legislature, or if one of the bottlenecks was finding a place to move the people that were currently there so that the reservation facility could continue someplace else. He felt there needed to be a push on the Assembly and the School District’s part to accomplish that.

    Mr. Kibby asked Mr. Palmer if there were problems of not communicating with the School District. The Lands Committee offered the thought of a trade for the old dairy farm for the old Marine Highway Building and staff was to see if that trade was possible. Mr. Koelsch answered that the School District did not want to trade at this stage. Mr. Kibby asked what authority the city had after they were within the School District’s charge; did the city have the ability to make the trade without the School District. Mr. Palmer said they would meet with the leadership team tomorrow and bring this up. He felt it might take a meeting of the School Board and the Assembly, together, to resolve this. Mr. Kibby asked if the state was willing to make the trade. Mr. Palmer said every indication was that they were working toward that end. If they could find a place to put the few people they have, they would work to cooperate with the city. Mr. Kibby directed the Manager to report to the leadership team that the Assembly strongly encourages the School District to move forward with this and tell them the Assembly would work with them in the move. There was no objection to that direction.

    Ms. Muņoz said there was leased land directly across the street from the District Office Building. The building was for sale and both floors were available for lease.

    Mr. Perkins noted there was a camping contingency going on on Thane Road, south of the Treatment Plant. He asked that the Chief be directed to check into that on Thane and on North Douglas. Next, he noted that a lot of children were attempting to use cross walks to get to parks. People are passing on the right of people making left-hand turns and he would like public awareness notices to remind drivers to slow down.

    Mr. Kibby referred to the discussion of Point Stephens. Mr. Buck said he was working on a concept to put the project out as a competitive low bid process. It cannot be a RFP because of the Charter requirement that all capital improvements be put out to competitive bid. The measurement of payment would be based on a specified number of subdivision lots signed over to the contractor upon completion of the work. The successful low bidder would be the one who asked for the fewest number of lots in return for the work outline in the bid document. The bid scope of work would include all the design, the permitting, the construction services for the road, public and private utilities, park improvements, and water access. He assumed the CBJ would provide the reservoir on Lena Point and that the city would accept roads and utilities upon completion. Mr. MacKinnon clarified this would come back to the Assembly in a fairly complete form for review.

    Mr. Perkins left the meeting at 8:25 p.m.

    Ms. Hagevig said the Parks and Rec. Advisory Committee and the Harbor Board Planning Process for the Marine Park deck over project had progressed very well. She was impressed with the company who was running the process and was looking forward to the Public Works meeting on Wednesday. Also, the Alaska Municipal League Legislative Conference would be held in Juneau on the 29th and 30th. She urged all that could to attend and participate.

    Mr. Garrett said studded snow tires were illegal after the 15th of April. Studs destroy roads, wipe out cross walk lines, and the city spends millions of dollars fixing the damage. He thought serious consideration should be given to looking towards a municipal requirement of a maximum weight size that is allowed to be sold on the studs themselves. Mr. Palmer agreed that fixing the studded tire issue would be a benefit. Mr. Garrett felt if the Police Department levied hefty fines and then dutifully reports them to the paper, that would get a lot of people changing their tires quickly. Mr. MacKinnon recalled when Mr. Garrett suggested having the Police Department go through parking lots during the day to see the cars parked with studded tires.

    Mr. Powell reported that he attended the Airport Board meeting. The Assembly would be receiving the Airport Masterplan and he suggested it go to the COW. They had many meeting already that were attended by the public but he thought more public would come forward when it actually went before the Assembly. He commented about the XL (Outstanding Leadership) program and a letter of endorsement for the Corps of Engineers. He asked that the Kensington Mine be endorsed as a XL program. He said Coeur Alaska has been a very good corporate citizen in the world of environmental protection and they would be a good candidate for such program. He said the XL Program is a national program and there is a web site. He listed reasons Coeur would be eligible and should be considered and said they were committed to an extensive long term monitoring program; the monitoring was done by the fishing person. They use third party oversight of environmental management. Where there are costs savings, they put that money back into monitoring and mitigation programs so he thought they would be a good candidate and he personally would endorse any kind of letter out of the Office of the Mayor, endorsing and helping them acquire that designation.

    Mr. Powell asked the status of amending the Charter to change the status of the City Clerk so the Assembly would have oversight over the Clerk. Mr. Palmer said it was in the Law Department. Mr. Corso said it was a simple amendment and could be produced immediately upon the Assembly’s direction. Mr. Powell said he would like to see that happen. There being no objection to getting an ordinance introduced for a Charter amendment, it was so ordered.

    Mr. Powell commented that out North Douglas, by Fish Creek, the people who were camping there were gone. He thought the "camping prohibited" signage really helped.

    Mr. MacKinnon had passed out a letter that the Mayor brought forward about the XL Program. Mr. Kibby announced that he would need to step down as he had a conflict of interest due to properties within the immediate vicinity. Mr. MacKinnon said he too would then need to step down. He passed the gavel to Mr. Garrett. Mr. Garrett said the Mayor had proposed a letter and he wanted consent from the Assembly.

    MOTION – by Hagevig, that the Assembly approve the letter being submitted to Lisa Lund, Director, US EPA Office, and she asked for unanimous consent. There being no objection, it was so ordered.

    Mr. Kibby and Mr. MacKinnon returned to their seats on the panel.

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  4. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 8:40 p.m.

Countersigned: ________________________________

Marian Miller, Clerk

Signed: ________________________________

Deputy Mayor MacKinnon