Capital City Home Pagearrow City Government and Services arrowMinutes of Assembly MeetingsarrowMay 3, 1999


THE CITY AND BOROUGH OF JUNEAU, ALASKA

MAY 3, 1999

MEETING NO. 99-15: 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 and Muñoz

    Assembly Absent: Koelsch

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Craig Duncan, Finance Director; Dave Miller, Airport Manager; Ernie Mueller, Public Works Director; Cynthia Johnson, Lands and Resources Officer; Cheryl Easterwood, CDD Director; Christine Blackgoat, Health & Social Services Director

  4. APPROVAL OF MINUTES
  5. 1. 03/22/99 - Special Meeting No. 99-08

    MOTION - by Kibby, to approve the minutes of the Special Meeting No. 99-08, held March 22, 1999, and he asked unanimous consent. There being no objection, it was so ordered.

     

    SPECIAL ORDER OF BUSINESS

    1. City Manager’s Annual Evaluation

     

    MOTION – by Garrett to suspend the rules and take this item up as the last item on the agenda. There being no objection, it was so ordered.

     

     

  6. MANAGER’S REQUEST FOR AGENDA CHANGES - None
  7.  

     

  8. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  9. Cheryl Jebe, 6520 North Douglas Highway, President of the League of Women Voters in Juneau. She read the letter sent from the League to inform the Assembly that the League planned to hold two public educational forums on the draft Airport Masterplan, soon to be before the Assembly for adoption. The forums were planned for June 3rd and sometime in September. One of the leagues major goals was to promote public understanding and participation in decision making as essential elements of responsible and responsive management of our natural resources. The draft Airport Masterplan, as proposed by the Airport Advisory Board to the Assembly, needs further public information and input, and education. The plan includes recommendations of potential changes in and around the airport area that will affect the environment and the public’s use of the Mendenhall Wetlands. It is important for the public to be made aware and afforded the opportunity to review and make recommendations to the Assembly. Attached to the letter were two league positions papers. The positions, while developed in 1973, were reaffirmed as current positions for the league at its March 27th annual meeting for 1999 to 2000. She invited members to attend the forums and she added that Assembly support would be greatly appreciated.

    Mr. Powell thanked her and the League for their efforts to get people involved early. He felt the issues they were raising were community issues, as well as airport issues.

     

     

  10. CONSENT AGENDA

Ms. Hagevig removed item D1, Bid Award Contract No. E99-251; Mr. Garrett removed Item D2, Bid Award No. 99-271; and Ms. Muñoz removed item E, Liquor Licenses.

 

MOTION – by Garrett, to adopt the Consent Agenda, as amended deleting items D1, D2 and E, and he asked unanimous consent. There being no objection, it was so ordered.

 

A. Resolutions

1. Resolution No. 1988

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH GOLDBELT, INC. ESTABLISHING TERMS FOR EXTENDING NORTH DOUGLAS HIGHWAY; AND TO NEGOTIATE AN EXCHANGE OF MUNICIPAL LAND LOCATED BETWEEN PETERSON AND MIDDLE CREEKS FOR GOLDBELT WATERFRONT LANDS AT POINT HILDA.

 

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

 

B. Transfer Request:

1. Transfer No. T-663: TRANSFERS $50,000 FROM RV WASTE DISPOSAL/WATER STATION (CIP W494-07) TO PIPELINE SKATE PARK RESTROOMS (CIP P396-23).

 

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

 

       

    1. missed

D. Bid Awards:

 

E. Liquor Licenses:

 

D-1 Bid Award Contract No. E99-251: MAYFLOWER SCHOOL EXTERIOR RENOVATION.

 

Administrative Report: Attached. The Manager recommended award to Design North, Inc. as having the lowest responsive bid price. Total bid award would be $54,701.50.

 

Public Participation: None

 

Ms. Hagevig asked Mr. Palmer if he saw these as two completely separate issues dealing with the renovation to the building. She said there were a number of policy issues associated with the use of the building which were still being researched and debated. Mr. Palmer said that in each case, it would involve spending money on the building. If the city was going to dispose of the building, he would recommend not investing in the roof. He thought award of the bid could be delayed for a week or two, keeping the bid price, pending the outcome of the next sub-committee meeting. If the work was not done, it would not be catastrophic, but the city would be out the bid costs. Ms. Hagevig clarified that none of this was predicated upon the conditions of the proposal placed before the Assembly by the Montessori people. Mr. Palmer said they just happened to come together at the same time; the work has been on the deferred maintenance list for quite some time.

 

Assembly Action:

MOTION - by MacKinnon, to move the bid award.

 

Mr. MacKinnon said exactly how long the bid was open would be up to Engineering and the Contractor; it was their choice if they wanted to wait. He thought the disposition of the building was still up in the air so he wanted to defer action.

 

MOTION - by MacKinnon, to defer award of this bid.

 

Ms. Muñoz asked if his intention was to defer action until the sub-committee met on this issue, not to slow down the project. Mr. MacKinnon said the city may not do this project if the sub-committee meets and decides that it is best to dispose of the building; it would be disposed of in an as is condition. Ms. Muñoz was objected to the motion because she believed that the repairs needed to be made, even if the building would eventually be sold.

 

Ms. Hagevig said the Assembly needed to better frame the work of the sub-committee to be more specific of what the parameters were.

 

Mr. Powell said, as the designated chair of the sub-committee, they would meet Wednesday at 1:00. It was important to get a better definition as to why they were meeting, and some of the objectives of the committee. Certainly the May Flower Building and the other building that was associated with childcare, would be considered, but maybe it was even broader than that. They wanted to be able to put this bid into context.

 

Mr. Perkins was not real concerned about holding off the awarding of this for a couple weeks, but he did want it done in this construction season. He suggested a report to the Finance Committee by the 19th. He hoped by the end of the month, this could be awarded, or there could be a plan for the facility. Mr. Powell thought that would be possible; they would try to fit two meetings in by the 19th and would hope to make significant progress toward that end.

 

Friendly Amendment – by Perkins, that this be considered on the 19th, at the Finance Committee.

 

Mr. MacKinnon accepted the friendly amendment.

 

Ms. Muñoz asked if this could be scheduled for the next regular Assembly meeting, June 7th, pending the report received in Finance. Mayor Egan suggested that if that would create a problem with the low bidder, there could be a Special Meeting.

 

There being no objection, it was so ordered.

 

D-2 Bid Award No. 99-271: Ford Super Duty F-550 4 X 4 Truck.

 

Administrative Report: Attached. The Manager recommended award to Evergreen Motors, Inc. as having the lowest responsive bid price. Total bid award would be for $119,682.00.

 

Public Participation: None

 

Assembly Action:

MOTION – by Garrett, to approve bid 99-271.

 

Mr. Garrett asked that if the city was self-insured, why purchase extended warranties on vehicles. Mr. Mueller came forward and said that over the past 6-7 years, the purchase of the warranties had been very cost effective. Many of the vehicles were given rough service and the warranty protects the drive train and transmission, the engine, transfer cases and some smaller items. The vehicles being replaced had drive train problems and the transmissions had been replaced several times. Although the extended warranty is expensive, he recommended having them.

 

Mr. Garrett wanted more in the form of justification; something showing what the original warranty was, versus the extended warranty. He felt if the city was burning out transmissions, there was a distinct possibly that they were under buying vehicles in the first place. Going through the budget process, every $6,300 makes a difference.

 

Mr. Mueller said they anticipate the vehicles would last ten years. The warranty brings the standard manufacturer’s warranty up to five years. Many of the vehicles they have had, like the three being replaced, frequently had the same thing happen to all three. In some cases, there were transmission problems that were not the result of the operation of the vehicle, but because there was a problem with the manufacture of that particular transmission. He said last year, the average cost to repair vehicles was $9,000 a piece.

 

Mr. MacKinnon said that the F-550 trucks were fairly new on the market and they were very heavy duty. The kind of work that a truck gets, especially this last winter with the snow plowing, is a continuous kind of duty that most trucks do not experience. If the extended warranty even replaces one transmission and one rear end, it has more than paid for itself. The extended warranty could be purchased at any time, during the original factory warranty period, pending Assembly authorization. He felt they were a good idea for the kind of use that these particular trucks get.

 

Mayor Egan asked why Ford was specified. Mr. Mueller said Ford was the only manufacture of a pick up truck with this particular configuration. They anticipate that in the next 4-5 years General Motors would come out with one, but they were not building one now.

 

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

 

E. Liquor Licenses

Two-Year Renewals:

Restaurant/Eating Place:

Bullwinkles’s Pizza (1)

Bullwinkles’s Pizza (2)

 

Transfer:

Restaurant/Eating Place:

The Twisted Fish Co.; Up The Creek, Inc.; 550 S. Franklin St.; Murray D. Damito - President, Kimberli Jo Nicholl – Secretary, Reezia Rae Wilson – Treasurer; Mail: #2 Marine Way, #106, Juneau, AK 99801; transfer from Southeast AK Smoked Salmon Co., Inc.

 

Beverage Dispenser

The Prospector Hotel, LLC dba TK McGuires; Shareholders: Terral Frank Wanzer and Kay Denise Sims; location is 375 Whittier, Juneau, AK 99801; corporate mailing address is P.O. Box 6814, Ketchikan, AK 99901; transfer from Diggings, The Prospector Hotel.

 

Administrative Report: Attached. The Manager recommended the Assembly adopt the Human Resources Committee recommendations from its May 3 meeting regarding its right to protest and/or object to the licenses as reported.

 

Public Testimony: None

 

Assembly Action:

MOTION – by Muñoz, that the Assembly waives its right to object as recommended by the Human Resources Committee, to the two two-year renewals and the transfer of the Prospector Hotel License. The Human Resource Committee also recommends that the Assembly waive its right to protest the Twisted Fish Company liquor license. There being no objection, it was so ordered.

 

     

  1. ORDINANCES FOR PUBLIC HEARING

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 OFFICIALS 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 adopted. Mr. Palmer referred to the memo from the City Attorney, included in red folder, with nine amendments that had been recommended by bond council.

 

Ms. Hagevig stated she had a conflict of interest and she was allowed to step down.

 

Mayor Egan clarified that the St. Ann’s Board was aware of the amendments and had no objections.

 

Public Participation: None

 

Assembly Action:

MOTION - by Perkins, to adopt Ordinance 99-13, for the purpose of amendment.

 

MOTION - by Perkins, to move all nine amendments as presented by the City Attorney in his memo titled Ordinance 99-13; last minute corrections, dated April 30, 1999, amendments one through nine as stated by Mr. Corso and he asked unanimous consent.

 

Mr. Garrett asked what the rational was, other than expediency to bond sellers and purchases, for increasing the minimum issuance of any individual bond from $5,000 to $100,000. Mr. Palmer said this was a non-recourse bond issuance and the effort was to target industrial lenders. The increase of a minimum bond of $100,000 would tend to preclude the individual investors. Mr. Garrett said there had been a fairly good tradition of local offerings of bonds for local community residents who want to make an investment in their city. While there are some who could buy $100,000 bonds, there are not as many as might buy $5,000 bonds. A project like this was the sort of project he would think would attract a number of individuals in this community who would be willing and eager to make an investment. That was the only amendment he was concerned with, because it would preclude most citizens of Juneau from participating.

 

Mr. Palmer said the primary concern was that these bonds were not guaranteed with anything, so there was a higher risk than the geo bonds. Mr. Duncan said these bonds would be sold by Seattle Northwest, to their institution buyers. Staff requested to have the limit raised. The bonds were called moral obligation bonds so they would go directly into the market and be sold in a big block to institutional buyers who buy most of Juneau’s bonds, unless they are sold locally as an over the counter issue. This helps protect the city in case of default; a lot of smaller bond issues may impact a number of individuals, versus an institutional buyer who is suppose to be in the no.

 

Mr. Garrett suggested that individuals were much easier to deal with than big corporations with very expensive lawyers.

 

MOTION – by Garrett, to delete amendment three.

 

Mr. Perkins objected.

 

Mr. Powell asked, with the deletion from $5,000 to 100,000, what other kinds of burden would that put on. Mr. Duncan said none, the original schedule had it at $5,000. Staff spoke with the underwriters and they did not object because they had no intention of selling these bonds to anybody other than institutions. This is a bit of an insurance policy based upon their intent of who they are going to sell them to.

 

ROLL CALL on the deletion of amendment three

Ayes: Garrett, Kibby, MacKinnon, Muñoz, Powell and Mayor Egan

Nays: Perkins

 

motion carries 6:1

 

There being no objection to the main motion of accepting the eight amendments, it was so ordered.

 

Mr. MacKinnon had questions for the St. Ann’s Board. Kathy Foster, the Administrator of St. Ann’s, and Brian Andrews, board member, came forward. Mr. MacKinnon received a number of calls from contractors who related to the fact that the project was already let and there was already a contractor and possibly sub-contractor on this project. They expressed concern that this was dealing with public money, although the city is only a financial vehicle, on public land, although the land is being leased to a private non-profit. The perception is that the city is financing something that has already been let out to a contractor and it’s a done deal. The architect is from out of state and there was concern expressed. Ms. Foster said the architect has an office in Sitka; he is an Alaska businessperson. The board decided to choose a contractor along with the architect because they wanted the two to work from the beginning on this project. Mr. MacKinnon said it has been done without a competitive process. Ms. Foster said that St. Ann’s, for the past 20 years, has paid its own way. They have not asked for any money from the city and they plan to pay back to money on these bonds with the money that they make themselves; the city is under no obligations to pay the bonds back. Mr. Andrews added that the board was just asking the city for its assistance in using the city’s financing authority for the issuance of the bonds. In addition, Triplett Construction, was a local contractor who had full intention of hiring local people for this particular project.

 

Mr. Kibby said he too received several phone calls on this issue so he agreed there was a lot of concern within the business community. He asked Mr. Corso if there was a problem with the way the board has proceeded with sole sourcing. Mr. Corso said he had not done a detailed legal analysis, but noted that this was not a capital improvement of the CBJ and it was closer to the sort of industrial development bonds that were routinely negotiated by private parties with the assistance of government financing. This sort of thing was a fairly common devise and he suspected that it did not offend either the Purchasing Code or the Charter.

 

Mayor Egan said he received calls as well and he echoed what Mr. MacKinnon and Mr. Kibby expressed. He was not too enthused with the way this was going but he would not oppose it.

 

There being no objection, it was so ordered.

 

Ms. Hagevig returned to her seat on the panel.

 

       

    1. Ordinance No. 99-14
    2. 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 amended as indicated, and adopted.

       

      Public Participation: None

       

      Assembly Action:

      MOTION - by Kibby, to adopt 99-14 (AM) and he asked unanimous consent.

       

      Mayor Egan clarified the motion would adopt all the italicized text. Mr. Powell asked if there were any downsides to this. Mr. Palmer did not believe so.

       

      There being no objection, it was so ordered.

       

       

    3. Ordinance No. 99-15
    4. 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 MULTIFAMILY RESIDENTIAL DEVELOPMENT.

       

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

       

      Public Participation: None

       

      Mayor Egan thanked staff for moving so expeditiously and getting this done.

       

      Assembly Action:

      MOTION - by Garrett, to adopt Ordinance No. 99-15 with three amendments.

       

      Mr. Garrett said his amendments were to increase the prior posting time from one week to two weeks prior to the meeting, to increase the size of the lettering from 120 points to 216 points, and then to increase the circle of notification from 300 feet to 1320 feet, a quarter mile. Of the three amendments, that last one was the one he cared about the most because that is the one that gets the most complaints.

       

      Ms. Hagevig asked if there was a requirement for proof and Mr. Corso said no, he thought it best done at the administrative level. Ms. Easterwood came forward and said she felt some sort of proof of delivery of the notices would be helpful, particularly if the case were to be appealed. Mr. Palmer recommended it be put in the ordinance and require that notice be delivered by certified mail, return receipt. Then if the question comes up, staff could ask the applicant to provide the receipts.

       

      Ms. Muñoz asked the standard distance notices were mailed to for public hearings. Ms. Easterwood said they recently implemented the 500 feet mailing distance because they recently obtained the software that allows them to do that. Ms. Muñoz supported the first two amendments, but she thought to be consistent, the ordinance should have the same distance of 500 feet; 1,320 feet might be putting a lot more work onto the Department. Mayor Egan asked if the software would accommodate Mr. Garrett’s proposal. Ms. Easterwood did not know; it had taken staff almost a year and a half to implement the Assembly’s direction that staff notify people with 500 feet. She requested an opportunity to analyze the request to see what it would mean as far as number of mailings and costs associated. In denser neighborhoods, it would increase the mail effort and the cost considerably.

       

      MOTION – by Garrett, that on page 1, line 18, change the number "7" to "14". There being no objection, it was so ordered.

       

      MOTION – by Garrett, that on page 1, line 21, change the number "120" to "216". There being no objection, it was so ordered.

       

      MOTION – by Garrett, that on page 2, line 1, change the number 300 to 1,320. Objection was noted.

       

      ROLL CALL

      Ayes: Garrett, Hagevig, Kibby and Powell

      Nays: MacKinnon., Muñoz, Perkins and Mayor Egan

       

      motion fails 4:4

       

      Ms. Hagevig asked why the Code said 300 feet rather than 500 feet. Ms. Easterwood said the Assembly did not change the ordinance, the only directed that staff start notifying a larger radius.

       

      Ms. Hagevig asked Mr. Garrett his rational for using 1320 and he thought the proper thing to do would be to vary it by zone classification because in the middle of downtown, 300 feet would cover a lot of people. On the Back Loop, it might mean eight property owners. He thought that the cost of .33 cent postage, to let people know about a zoning application, was significantly less, under any scenario, than dealing with the appeals and the cost of the appeals from people who just didn’t know something was going on. He suggested that the CDD and the Planning Commission look at this issue from the perspective of adjusting it to be variable in zoning classifications.

       

      MOTION - by MacKinnon, to amend page 2, line 1 from "300" to "500". There being no objection, it was so ordered.

       

      MOTION – by Hagevig, on page 2, line 3, after the word notice, insert "by certified return receipt mail".

       

      Mr. MacKinnon asked what sort of advanced notice would be required. Ms. Hagevig thought some how, the Planning Commission needed to see proof that folks had been notified. Mr. Palmer said when the applicant first comes in and staff recognizes it as a landlord proposing a change to a building that has tenants, he would be required to send a notice that an application was being submitted to change a use and that details were available at CDD. Ms. Hagevig said her intent was that a paper trail be established and she thought that the time frame could be an administrative decision.

       

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

       

      There being no objection to Ordinance 99-15 as amended, it was so ordered.

       

       

    5. Ordinance No. 98-17 (AK)
    6. 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 adopted.

       

      Public Participation: None

       

      Assembly Action:

      MOTION - by Hagevig. to adopt Ordinance 98-17 (AK) and she asked unanimous consent.

       

      Mayor Egan asked what a jet truck dumping site was. Mr. Palmer said it was a hydraulic jet. Mayor Egan asked what the $1.7M would do to the odor. Mr. Mueller said one problem at the J-D plan was the open sludge disposal pond, which has been there for 25 years. It is being cleaned out and the odor from that source should be eliminated.

       

      There being no objection, it was so ordered.

       

       

    7. 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. SUCH FUNDS PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION.

 

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

 

Public Participation: None

 

Assembly Action:

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

 

     

  1. UNFINISHED BUSINESS - None
  2.  

     

  3. NEW BUSINESS

       

    1. Ashe, Ramos, Bonnet, & Woodie v. Planning Commission: Appeal of Approval of An Amendment to a Previously Issued Conditional Use Permit for Development of a 2-story Retail Commercial Building in a Severe Hazard Area (USE98-00015).

 

Administrative Report: Attached.

 

MOTION – by Garrett, that the Assembly accepts the appeal.

 

Mr. MacKinnon asked if this was appealable and if the time had expired on this one. Mr. Corso said this was an amendment to a pre-existing permit. The question of whether or not the application is late and whether or not the Assembly proposes to allow flexibility in the procedures was usually taken up at the pre-hearing conference.

 

There being no objection, it was so ordered.

 

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

 

MOTION – by Garrett that the Mayor designates a member as the presiding officer and he recommended Ms. Hagevig. There being no objection, it was so ordered.

 

B R E A K

8:07 p.m. – 8:20 p.m.

 

     

  1. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items - None

 

B. Manager’s Report - Information Items

       

    1. Tourism Advisory Committee Staff Support
    2.  

      Administrative Report: Attached. Mr. Palmer said the ordinance would need to be amended and he thought that could be done before the next meeting. He said that right now, the ordinance that establishes the port dues says the funds would be used for projects and that would need to be changed. The funds would still go into the port account and then just be transferred across.

       

      Mr. Garrett asked if the same thing would be accomplished by doing intergovernmental charge. Mr. Palmer said first there was the need to deal with the ordinance. Mr. Garrett said when the ordinance was before the Assembly it was desperate to get .21 cents a ton to have enough to cover the debt. Now suddenly there is all this extra money.

       

       

    3. Pothole Repair and Street Painting
    4.  

      Administrative Report: Attached.

       

       

    5. Coastal Helicopters Claim

 

Administrative Report: Attached.

 

Ms. Hagevig asked if this was done by insurance adjustors from an independent outside company and not the city’s Risk Management section making this recommendation to the City Insurance Carrier. Mr. Palmer said they were adjustors hired by the city’s insurance company to review the claim.

 

C. Attorney’s Report

Mr. Corso reported on the claim by a party that was dissatisfied with the CBJ’s DBE. A lawsuit was filed, it proceeded to court where the plaintiff’s motion for a Preliminary Injunction was denied. It was denied because the Assembly had suspended the program.

 

     

  1. MAYOR AND COMMITTEE REPORTS ON NON-AGENDA ITEMS

       

    1. Revised Pending Items
    2.  

    3. Unappropriated General Fund Unreserved Fund Balance
    4.  

    5. Assembly Contingency Fund Balance
    6.  

    7. Committee Reports

       

    1. Standing Committees:

 

       

    1. Committee of the Whole – Mr. MacKinnon said there would be a COW, most likely on the 24th. They would be discussing the charter amendment to put the Municipal Clerk under the Assembly, as opposed to being under the City Manager.
    2.  

       

    3. Finance Committee – Mr. Perkins said Wednesday, starting at 5 p.m., the Finance Committee would begin working. There would be a presentation from the Bartlett Regional Hospital, Youth Activities Board Grant recommendations, a brief overview of the Board of Equalization process and also the State Assessor has provided his views of the pros and cons of an appointed BOE.
    4.  

       

    5. Human Resources Committee – Ms. Muñoz had the following names to bring forward for committee appointments:
    6. Jeffrey Wilson to the Parks and Rec. Advisory Committee;

      Hugh Grant, Don Etheridge, Jr. and Cindy Spanyers to the Personnel Board;

      George Rogers to the Public Libraries Endowment Board; and

      Tanja K. Cadigan to the Tourism Advisory Committee.

       

      Ms. Muñoz said their next meeting was scheduled for noon on May 17th.

       

       

    7. Lands and Resources Committee – Mr. Kibby said on April 28th they heard a report from the Waste Management Committee for a conceptual proposal of a comprehensive recycling program. They were proposing an increase to the Waste Utility fee from $1.20 to $4.00 for implementation of the proposal. The Lands Committee approved the concept and asked staff to prepare an ordinance. Mr. Kibby asked if the Assembly would like to see an ordinance at the COW before it proceeds.
    8.  

      Mr. MacKinnon said he did read the proposal and he supported the concept and thought there was merit to the RFP, but he had reservations. He wanted to see what the present $2.80 was used for; there was a considerable reserve build up. He said he would like numbers and it could be considered at the COW on the 24th. If things go okay there, then he suggested an ordinance for introduction at the first meeting in June. Mr. Kibby clarified he would like a draft ordinance to look at at the COW.

       

      Mr. Powell said he agreed with Mr. MacKinnon. He said there had been several surveys done over the past years having to do with the community’s support of recycling and the response was very favorably, including an overwhelming yes on paying $5-8 per month.

       

       

    9. Public Works and Facilities Committee – Mr. Garrett said they would be meeting this Wednesday at noon. The agenda would include an extensive discussion of the Lemon Creek Gravel Pit Management Plan proposed by staff; discussion about the FY2000 Capital Improvement Projects list that would be forwarded to Finance; they would find out about drainage on 5th Street between East and Kennedy; and why the creek down by Cope Park was being filled in.

 

       

    1. Board Liaison Reports

Mayor Egan said the Alaska Committee meeting had been postponed until the 19th.

 

     

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Mr. Perkins brought up the parameters for the subcommittee. Mr. Powell said that at the Finance Committee, there was concern with putting more money into the Mayflower Building without looking at the equities involved of giving support to that building and other buildings and the whole area of education and childcare at that age. There was a global issue as well as a specific issue before the committee and therefore the subcommittee was formed. Their mission, as he saw it, was to look at how the city was providing support to buildings that it owns that must be maintained and that have functions that the community supports. There were two buildings, the Mayflower Building and the Children Community Center, but they needed to know if there was more than two and how much support was being provided. First they plan to get the facts on those two buildings and what extent of the support that those two programs are getting. Then, if the direction was to go further, they could look at other program where there were rentals and leases involved, and that type of community function.

     

    Mr. MacKinnon said there were two daycare centers and the city was subsidizing their operation to the extent that they were getting a facility for a less than fair market value rent. He thought they should look at how many other daycares were in the community that the CBJ could or should be assisting also, like the Tlingit and Haida Headstart. He wanted them to look at the question of should we be providing support to any of them, and if only a few, why not all.

     

    Ms. Muñoz thought they should look at what other daycare centers were paying to establish fair market value. Mr. MacKinnon said the Mayflower lease said they would pay fair market value but they were only paying $2,000 a month for a 5,000 sq. ft. building. He did not think that was fair market value.

     

    Mr. Kibby thought it should be widened out to include a definition of the daycare problems within the community. After that was done, to what extent would CBJ participate within that community. After those parameters have been addressed, then it should be the building issue and the equity of the buildings.

     

    Mr. Garrett noted that one was a preschool and not a daycare, so it would be reasonable to look at all preschools and it would then be reasonable to look into JSD properties and facilities where we provide preschool opportunities for 3-5 children in city owned buildings. He said it was fairly well known that early childhood education was a fairly important thing in forming young people’s futures. He found it ironic to shell out $6,000 – 7,000 per student once they get to the tender age of 6. He agreed with Mr. Kibby that there ought to be a policy of what it is the city does and he agreed that equity was an important issue. It is not fair to treat one group one way, just because they are organized enough to come and ask, and another group is not.

     

    Mr. Powell said that was basically what the group had come up with, that it was not just daycare centers, but preschools and defining the problem, to what extent does the city currently support them, if there is a building component, what is the fair market value. Ms. Muñoz thought originally there was concern about the CBJ subsidizing a private operation and she said earlier, the Assembly subsidized an operation in a very grand way, with land and with financing. She did not think the two little small operations in the city were the only two that needed to be looked at; the city was involved in a lot of social service efforts.

     

    Ms. Muñoz requested that the Assembly waive the application fee for Mr. Larry Pusich, the appellant that appealed a Planning Commission decision regarding a ROW in Douglas. He had decided to drop the appeal. There being no objection, it was so ordered.

     

    Ms. Muñoz wanted to remind the chairman of the COW that they wanted to take up the issue of residential parking and payment in lieu sometime during the month of May in the COW.

     

    Mr. Garrett said that the Beadle appeal of a preliminary plat in the extension of Mt. Side Estate was in a bit of limbo. There was discussion going back and forth, spurred on by the good work of Ms. Muñoz, trying to see what could be worked out in advance. Next, he requested that an update on the progress of the new junk car ordinance would be discussed at the meeting of the 24th, along with discussion on recycling. Mr. MacKinnon said that would be added to the agenda of the COW on the 24th.

     

    Mr. Powell thanked all the folks that helped with picking up litter on Saturday. A special thanks to the Mendenhall Partnership group, they organized over 100 volunteers to pick up garbage from North Douglas, Downtown to the Valley and had a nice picnic afterwards.

     

    Mr. MacKinnon gave notice of reconsideration on Ordinance 99-13.

     

    Ms. Hagevig commended the people in the community who worked so hard to put together the Blessing of the Fleet and the addition of the new names to the Fisherman’s memorial. She also commended everyone who came out in the pouring down rain to do all the activities that were going on in Juneau on Saturday.

     

    Mayor Egan said the Y2K report that was scheduled for this evening would be presented at the meeting of the 19th. He reported that they had very good meetings Wednesday through Friday, first with the Southeast Mayors and then with the Alaska Conference of Mayors and the Alaska Municipal League Legislative Committee and Board of Directors. They made some progress on municipal assistance and state shared revenue but it still did not look as good as they would like. He urged all the Assemblymembers to keep up the pressure and talk with legislators from all of the State and impress on them what it would mean to Juneau if in fact the city lost that amount of funding. There are communities in the state that will be forced to dissolve if the house version of municipal assistance prevails.

     

    Mayor Egan thanked those involved in the opening of Little League. He said he was very proud to participate in the rededication of the Mendenhall Glacier Facility; it was a beautiful facility and the community could be very proud of what the Forest Service has done to remodel it.

     

    Mayor Egan said he had a call from an individual on Gastineau Ave. who was concerned that the boardwalk that the city constructed not too many years ago, had been severed. It is not possible to walk up the structure anymore. The caller had been told that it was approved by the director of Public Works. Mayor Egan did not know the issue and he asked the Manager to respond.

     

    MOTION – by Garrett, that the Assembly recess into executive session for the purpose of conducting the Manager’s evaluation after a five- minute break. There being no objection it was so ordered.

    B R E A K

    8:50 p.m. – 8:55 p.m.

     

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

    8:55 p.m. – 10:15 p.m.

     

    Mr. MacKinnon reported that during the executive session, they discussed the evaluation of the city manager. Mr. Palmer received an acceptable plus rating. One of the issues they discussed was a number of issues having to do with personnel.

     

     

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  4.  

     

  5. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 10:15 p.m.

 

Countersigned: __s/______________________________

Marian Miller, Clerk

 

Signed: ________________________________

Mayor Egan