THE CITY AND BOROUGH OF JUNEAU, ALASKA
August 2, 1999
MEETING NO. 99-23: 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 7:03 p.m. by Mayor Dennis Egan.
Assembly Present: Garrett (arrived 7:10), Kibby, MacKinnon, Egan, Hagevig, Muñoz, and Koelsch
Assembly Absent: Perkins, and Powell
A quorum was present.
Staff Present: Marian Miller, Municipal Clerk; Donna Pierce, Deputy City Manager; John Corso, City Attorney; Craig Duncan, Finance Director; Dave Miller, Airport Manager; Christine Blackgoat, Health & Social Services Director; Gary Bader, School District
MOTION – by Kibby, to approve the minutes of Special Meeting No. 99-14, held April 28, 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. 99-21, held July 12, 1999, and he asked unanimous consent. There being no objection, it was so ordered.
SPECIAL ORDER OF BUSINESS
U.S. Coast Guard Commanding Officer, Captain of the Port, David Eley (out-going) and Rob Lorigan (in-coming). Commander Eley indicated this would be his last official act as he had less than 12 hours before officially retiring. He introduced Commander Rob Lorigan who would be replacing him and gave a brief history of his experience. Commander Eley said that in trying to oversee foreign vessels in Southeast Alaska, there were three things that they did: 1) Conduct inspections. He noted that the cruise ships get a lot of scrutiny and he presented a fact sheet of all the things they inspect on cruise ships; there were 39 different items checked on a quarterly basis. 2) Surveillance. They investigate all oil spills, all reports of pollution and they have the capability to fingerprint oil and match a spill against a ship or fishing boat or other source. They also have various technological tools that they use in addition to the regular groundwork including forward-looking radar, which can look for oil spills at night. 3) Partnerships with industry to help and work along side them in their pollution control programs. He felt they had been successful in many areas in terms of cruise ships in planning for emergencies and in the prevention arena. They have an annual cruise ship disaster exercise which is attended by people in the cruise industry from all over the world. Emergency response is very much a community effort in Juneau. Mr. Palmer, Ms. Pierce and Mr. Miller have all received incident command system training up to an intermediate level. The CBJ was commended for its preparation and partnership with the Coast Guard and other government agencies. Commander Eley noted that their Y2K Project Officer really enjoyed working on the transportation sub-committee which has helped the Coast Guard get prepared for the new millennium. He thanked the Assembly and the CBJ for its involvement and expertise in its help with the ship that was grounded in Dundass Bay. He invited all Assemblymembers to the Relief, which would occur at 10:00 the following morning at the National Guard Armory.
Mayor Egan thanked Commander Eley for all the assistance he had given the CBJ and the citizens of the community. He would be missed as an officer of the Coast Guard because the working relationship between the CBJ and the Coast Guard had increased dramatically since his arrival in Juneau. Mayor Egan went on to say he had recently returned from meetings in Sitka on the Y2K issue and the military involvement in Y2K. The folks from Juneau who attended where shining examples of how the problem was being solved and he congratulated him on that.
Mr. Northrip reported that Saturday’s Y2K Town Meeting, hosted by the task force at Centennial Hall, went well. It was more of an open house as people could go to any number of the nine stations that were set up for asking questions and receiving information. Only approximately 50-60 people came by and participated in the event. That could have been due to the weather or to Juneau’s current Y2K mellowness. Every one of the nine committees did receive questions or comments and they were prepared with information and/or handouts. There was a great food list of food to have on hand for any emergency, there was good financial information, helpful retail information, solid assurance from the utilities, public safety, transportation, communications, medical and social safety net committees. They received positive comments from those who attended and a general feeling that Juneau was on the right track and would be minimally affected by this event. They plan to schedule another community-wide event in the fall, perhaps just after the opening of the expected Hollywood Y2K disaster movie. They were planning to slow the schedule of their meetings from twice a month, as the committees have pretty much completed their work. They would be shifting the task force’s emphasis to outreach, communicating the community’s level of preparedness to as wide an audience as possible and to deal with any possible public perception of problems. They wanted to avoid any unnecessary cash withdrawals, or a run on excessive amounts of food or other supplies. He said he was contacted by the President’s Council on Y2K and they may be coming to Juneau, Fairbanks and Anchorage for a "Community Y2K Conversation" which is a program they have been promoting but their plans were pretty indefinite. He said they were already using some of the White House materials. Mr. Northrip said they were trying to determine if it would bring anything new or useful to the efforts already underway as they did not want to see pronouncements telling us to do what we have been doing for the past seven months. The task force’s next scheduled meeting would be the 13th of September at 7:00 p.m. at the Airport’s Aurora Room. He would be prepared to report again at the September 20th Assembly meeting. Finally, he noted passage of a few significant dates with no significant problems: the 99th day of 1999 and July 1, 1999, which was the first day of fiscal year 2000 for both the State and the CBJ. That was not without spending considerable amounts of money or considerable preparation on the part of the State and City to make those dates happen without significant problems. The next dates to watch for would be 9/9/99 and 10/1/99, which would be the beginning of the Federal 2000 FY.
Mayor Egan thanked him and the task force for all their work and said he felt the work of the task force was taking care of a lot of the problems and the issues were being addressed. There was a survivalist mode and then there was an "I don’t know what Y2K is", and he thought the reaction from the task force was waylaying a lot of those fears. He noted that in the meeting in Sitka, it was very evident that Juneau was way ahead of other communities, especially in Southeast Alaska. Mr. Northrip could not praise enough the chairs of the various subcommittees as they had worked long hours and held lots of meetings and have really covered the waterfront very well.
Mr. Larry Johanson had signed up to testify, but it was regarding an item that was on the agenda. It was agreed his testimony would be allowed later in the meeting.
Mr. MacKinnon requested the removal of item A-1, Ordinance 99-27. Ms. Muñoz asked for the removal of E-1. Mr. Garrett asked for the removal of A-2, Ordinance 99-28.
MOTION - by Garrett, to adopt the Consent Agenda, deleting items A-1, A-2 and E-1, and he asked unanimous consent. There being no objection, it was so ordered.
A. Ordinances for Introduction
3. Ordinance 99-17 (C)
AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $510,515 FOR THE FOLLOWING CAPITAL PROJECTS: AMERICANS WITH DISABILITIES ACT COMPLIANCE, UNDERGROUND FUEL STORAGE TANKS, ESSENTIAL BUILDING REPAIRS AND DEFERRED BUILDING MAINTENANCE. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF ADMINISTRATION.
Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.
4. Ordinance No. 99-17 (D)
AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $472,500 FOR ACQUISITION OF TIDELANDS WHICH ALLOWED DEVELOPMENT OF THE INTERMEDIATE VESSEL FLOAT, THE COLUMBIA LOT AND EXTENSION OF THE FERRY DOCK WHARF. SUCH FUNDS PROVIDED BY THE PORT FUND UNRESERVED FUND BALANCE.
Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.5. Ordinance No. 99-17 (E)
AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $200,000 FOR THE JUNEAU DOUGLAS WASTEWATER TREATMENT PLANT INCINERATOR BUILDING ROOF REPAIRS. SUCH FUNDS PROVIDED BY THE SEWER FUND RETAINED EARNINGS.
Administrative Report: Attached. The Manager recommended that this ordinance be introduced and set for public hearing at the next regular meeting.6.Ordinance No. 99-17 (F)
AN ORDINANCE DE-APPROPRIATING THE SUM OF $8,000 FROM THE NEW HIGH SCHOOL/DIMOND PARK PLANNING PROJECT. SUCH FUNDS PROVIDED BY THE NEW HIGH SCHOOL/DIMOND PARK PROJECT GENERAL REVENUE.
7. Ordinance No. 99-17 (G)
AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $8,000 FOR PUBLICATION OF VOTER INFORMATION PAMPHLETS. SUCH FUNDS PROVIDED BY THE NEW HIGH SCHOOL/DIMOND PARK PROJECT GENERAL REVENUE.
B. Resolutions - None
C. Transfer Requests - None
1. Contract E99-166:
- Bid Awards
JUNEAU-DOUGLAS W/W TREATMENT PLANT UV DISINFECTION.
Administrative Report: Attached. The Manager recommended award of this project to North Pacific Steel Erectors, Inc. in the amount bid, for a total award of $1,096,934.62.
2. Contract E99-411:
CBJ UNDERGROUND STORAGE TANK RENOVATIONS.
Administrative Report: Attached. The Manager recommended award of this project to Channel Construction, Inc. in the amount bid, for a total award of $60,875.00.3. Contract No. E99-485
CALHOUN AVENUE BRIDGE WATERLINE RECONSTRUCTION.
Administrative Report: Attached. The Manager recommended award of this project to Arete Construction in the amount bid, for a total award of $128,795.00.
A-1 Ordinance No. 99-27
AN ORDINANCE AMENDING TITLE 69 TO ADD A CHAPTER ESTABLISHING A SHIP PASSENGER FEE.
Public Testimony - None
MOTION – by MacKinnon, for introduction.
Mr. MacKinnon spoke against introducing this ordinance. Since the last meeting, he had received a number of phone calls and comments about it. This was an ordinance that was supplementing or taking the place of an initiative petition by the public and he said based on that, it was the public’s privilege to vote on it and it was not the Assembly’s duty to take that privilege away. In addition, this would save a four or five hour public hearing on this ordinance.
Mr. Garrett concurred and urged a no vote on introduction. He thought the Assembly had to get to this point anyway because the Charter requires 45 days for consideration. The mere fact of having this in front of the Assembly and our choosing not to introduce it fulfills any requirement anybody might have for the Assembly to consider the citizens’ initiative. He also received a lot of calls from petition signers who did not feel their goals would be met unless there was an opportunity to vote.
Mr. MacKinnon objected to the motion.
Nays: Koelsch, MacKinnon, Garrett, Hagevig, Kibby, and Mayor Egan
Motion fails 1:6
A-2 Ordinance No. 99-28
AN ORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA, AUTHORIZING THE CITY AND BOROUGH TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $63,300,000 TO FINANCE RENOVATIONS TO JUNEAU-DOUGLAS HIGH SCHOOL AND THE CONSTRUCTION OF A NEW HIGH SCHOOL, AND PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY AND BOROUGH AT THE ELECTION TO BE HELD THEREIN ON OCTOBER 5, 1999, OF THE PROPOSITION AS TO WHETHER OR NOT THE CITY AND BOROUGH SHOULD INCUR SUCH INDEBTEDNESS AND ISSUE SUCH BONDS FOR SUCH PURPOSES.
Public Participation: None at this time.
MOTION - by Garrett, to introduce Ordinance 99-28, and schedule it for public hearing at the next regular meeting.
Mr. Garrett felt this ordinance did not comport with what he thought the discussion had been at the COW joint meeting with the School Board as to how to proceed with the bond election. His recollection was that the Assembly had accepted the general proposal laid forth in the staff recommendations and decided to do this as two separate bond propositions and that the Assembly had directed that the bond proposition on the new high school would be less than $50M.
Ms. Pierce thanked Mr. Garrett for raising this question earlier in the day and giving her an opportunity to research it. Ms. Miller listened to the tape again and the motion was "to prepare the ordinance, to create a ballot proposition as outlined in the scope". That was the page that was in the packet calling for one proposition. The minutes reflect "it would be really spiffy if we got the $50.3M under $50M". Then there was the reducing of the staff design cost for full design of $7M, it was specified it should be $2M only to proceed through design development. Later Mr. MacKinnon offered a friendly amendment to add an additional $1M for demolition of the Marine Highway’s Building and site prep. There was nothing in the motion, only a little bit of discussion earlier in the meeting about dividing it into two propositions.
Mayor Egan clarified that if this was changed tonight, it would still get on the ballot. Ms. Pierce said the Assembly had until August 16th, the last regular meeting to adopt an ordinance unless a special meeting was called. She said a change would be a push to get through Bond Council.
Mr. Koelsch said that the sub-committee spent a lot of time on and agreed early on to push for one ballot and not putting "Town" against "Valley"; that mindset had always been there. The leadership team with the School Board was pretty united after a lengthy discussion on a one-ballot proposition.
Ms. Hagevig concurred with Mr. Koelsch’s recollection. Having explored all the options very thoroughly, they came away with the total agreement on the Leadership Team, that it ought to go forward as a single ballot issue. It was very important to provide for the public as much education as possible with respect to the different components of that ballot issue and where the money was expected to go.
Mr. Garrett said he was relatively certain there was discussion at that meeting on this very issue and they decided to split them with all this factored in. It was his personal opinion that it would be easier to pass two than one.
Mr. MacKinnon said that meeting was June 23rd and he vaguely recalled walking out of that meeting with the feeling it was split. Ms. Pierce said there were tapes of the meeting and Ms. Miller listened to them today; that was where they got their information. The meeting was also televised.
Mayor Egan clarified it would be a simpler matter to change numbers in the ordinance at the next meeting than it would be to split it into separate pieces. Ms. Pierce said that there were a lot of numbers and it would not be an easy ordinance to amend on the floor. It was all linked but it was relatively simpler to change numbers than to change narrative.
Ms. Muñoz said that after the last election, she had the clear impression through all of the discussion that there would be one ballot proposition and it would include the renovation of the existing high school and the construction of a new high school. She did not support separating those issues.
Mr. Garrett did not object to the ordinance being introduced but he asked that an amendment be prepared to the ordinance that brings the cost of the new school under $50M to be included in the packet for the public hearing. There being no objection, it was so ordered.
There being no objection to introduction of Ordinance 99-28, it was so ordered.
Mayor Egan apologized for not hearing Mr. Johanson’s testimony on the introduction of Ordinance 99-27, which had been voted against. Mr. Johanson felt at this time, his testimony would be irrelevant.
Larry Johanson, Southeast Regional Manager of Alaska Sightseeing/Cruise West based in Juneau. He had wanted to comment on his company’s unique situation as they were a small ship company with seven vessels that cruise in and out of Juneau. They have been operating for 25 years and their business is different in that it is a combination of independent and cruise and all of their cruises either begin or end in Juneau. Because of that, they have a unique contribution to the economy of Juneau; all their cruises include an overnight in Juneau hotels. Outside of the hotels themselves, they are the largest single contributor to the JCVB as they have over 5,000 rooms a night, paying bed tax on those nights. All of their guests spend a full day ashore eating in restaurants and they estimate a minimum of 36,000 meals are purchased by their passengers while they are in Juneau. He did not think any other operator could bring those kinds of numbers to downtown Juneau. All customers fly in and out of Juneau, paying the airport tax and their company is American owned and they pay corporate income tax. Their cruise is already taxed because it originates in Juneau so a portion of the revenue is taxed. In 1996, their controller estimated that they paid $7.20 per passenger for the honor of starting their trip in Juneau. He felt a lot of the facts, put together, made it clear that his particular cruise adds to the economy substantially more than any other cruise but at the same time, their customers would be required to pay substantially more taxes. He had hoped to include in the ordinance and exemption for cruises whose passengers either originate or end their cruises in Juneau. He said they would appreciate that, if the opportunity did arise, and the Assembly could make some changes, they be exempted because of the heavy burden that they already pay in taxes and because of the economic contribution that they make far and above any other tour operator in Juneau.
Mayor Egan thanked him for his comments and assured him that if it passes, Mr. Corso would be contacting him. He thanked him and his company for the yeoman's job his company did with the Spirit of 98.
E. Liquor Licenses
1. New license for: Malt Beverage & Wine Wholesale K&L Beverage Company LLC; Mark B. Levine – Chairman, Daniel B. Levine – President, Charles Merinoff – Secretary, Charles Andrews – Treasurer; d/b/a K&L Beverage Company LLC; 1759 Anka Street; Mail: P.O. Box 9300 Renton, WA 98057-9300.
Administrative Report: Attached. The Manager recommended that the Assembly adopt the Human Resources Committee recommendation as reported.
Public Testimony: None
MOTION – by Muñoz, that the Assembly waive its right to protest the issuance of the license. There being no objection, it was so ordered.
1. Ordinance No. 99-17 (B)
AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $48,500 FOR REPAIRS TO THE ONE MILE PORTION OF THE PERSEVERANCE TRAIL BETWEEN THE MT. JUNEAU TRAILHEAD AND THE GRANITE CREEK TRAILHEAD. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF PARKS AND OUTDOOR RECREATION.
Administrative Report: Attached. The Manager recommended that this ordinance be adopted.
Public Participation: None
MOTION - by Muñoz, for the purpose of discussion.
Ms. Muñoz was under the impression that this particular deal would transfer that portion of the trail to the city but the agreement just transfers the maintenance responsibility, not the ownership. Ms. Pierce agreed the agreement did not speak to the ownership, although it did speak to the future management of the trail. Her understanding was that the city actually owned the underlying land and the State has a historic trail easement. For all intents and practical purposes, this would transfer that portion of the trail to the city, but she would clarify if there were any other legal ramifications that she was not aware of. Ms. Muñoz asked her to find that out before the final agreement was signed.
There being no objection to adopting the ordinance, it was so ordered.
V. UNFINISHED BUSINESS - None
VI. NEW BUSINESS- None
VII. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS
A. Manager’s Report - Action Items - None
B. Manager’s Report - Information Items
The report was included in the packet.
Ms. Pierce would provide the Assemblymembers with a brief written update within the next day or two.
- Perseverance Trail
- Alaska Marine Highway System Building
C. Attorney’s Report
VIII. MAYOR AND COMMITTEE REPORTS ON NON-AGENDA ITEMS
MOTION – by Muñoz, to appoint Scott V. Spickler to the Bartlett Regional Hospital. There being no objection, it was so ordered.
MOTION – by Muñoz, to appoint Mike Barton to the Douglas Service Area Advisory Board. There being no objection, it was so ordered.
MOTION – by Muñoz to appoint Roohangiz "Sima" Hermann and Morgan C. Landry to the Juneau Human Rights Committee. There being no objection, it was so ordered.
MOTION – by Muñoz to appoint Richard Hacker to the Sales Tax Board of Appeals. There being no objection, it was so ordered.
MOTION – by Muñoz to appoint Kathy Stepien to the Juneau Women’s Council. There being no objection, it was so ordered.
Mayor Egan announced there would be no Alaska Committee meeting on Wednesday. A group from that Committee would be heading to the Tanana Fair to man booths throughout this week and the weekend. This would be the third year the committee had participated in this way and he thanked the committee members and all the other volunteers.
Ms. Hagevig reported that the Harbor Board Planning Committee, chaired by Budd Simpson, would be gearing up to expand on the Harbor Board Master Plan which was previously approved and adopted by the Assembly. They would be doing an in-depth planning process for the downtown and Douglas waterfronts. She said to expect material before the Assembly in the next year to 18 months. They also would be sending a letter to the Assembly to make sure that everyone was in agreement with the outcome of the COW with the Harbor Board. They would be asking for a very brief meeting, either a COW or at a regular meeting, to firm up the details of what they expect to do in the project they brought before the Assembly, before they go to their COE permitting process and then on the Planning Commission. The Board was very interested in working with the Assembly to make it a priority this year for legislative work to re-introduce the effort with deferred maintenance to get funding that would facilitate the transfers of the Douglas Boat Harbor, the Harris Harbor, Aurora, Auke Bay and probably Taku Harbor from the State and move that into Borough ownership.
Mr. Koelsch reported that the last round of the Transportation Steering Committee Open Houses would be on Wednesday, 5-7 in Douglas at the Library. He said there would be additional open houses as they go through the process.
IX. ASSEMBLY COMMENTS AND QUESTIONS
Mr. Koelsch referred to number 6 under Committee reports and asked if there was an Assembly Strategic Policy Committee. Mr. MacKinnon indicated there used to be one but it no longer exists. That would be removed from the list. Mr. Koelsch asked for an update on fixing the pedestrian overpass at Calhoun. Ms. Pierce indicated the last she heard was there was still discussions between the Risk Manager and Tyler Rental. She would find out and provide a note to the Assemblymembers. Mr. Koelsch wished Mr. MacKinnon a happy birthday and directed all the Assemblymembers to their party favors.
Ms. Muñoz said she had received a call regarding the Little Rock Dump and a proposal to use that space for a helicopter landing and departing area. Ms. Pierce stated it was discussed at the Harbor Board at the last meeting. Ms. Hagevig thought it had been introduced at the Harbor Board as a possibility and she thought the company making the request asked the Board to wait a year. She recalled the Board did agree to do that and had chosen not to move forward with the closure plan. Ms. Pierce added that there had been discussion with the Community Development Department so she would look into that and report back. Ms. Muñoz asked Ms. Pierce to call her in the next day or so so that she could respond to the inquiry she received.
MOTION –by Kibby, to direct the Manager’s Office to change the sign out in front of City Hall.
Mr. Kibby thought it should read: "City Hall, Juneau, the Capital of Alaska". This was a major gateway to the docks and he asked that it represent Juneau as the Capital of Alaska. Mayor Egan directed Ms. Pierce to look into adding to the sign instead of replacing the sign.
There being no objection to the motion, it was so ordered.
Ms. Hagevig asked Ms. Pierce to pull together information for her about the rationale for changing the way that the city does janitorial contracts. She said it appeared to have moved to an RFP process instead of a bid process.
Mr. Garrett stated in the latest issue of "Government West", page 20, there was an excellent article about some fairly innovative ideas and programs that different cities were going through to encourage private property owners to improve the street front appearance of their property. In times past the city had a program to encourage people to paint their property. He encouraged the Assemblymembers to contact Ms. Easterwood and that the Manager’s Office consider ways of getting people with older properties to look at some incentives for making their property look better. Ms. Pierce asked for a copy of the article.
Mr. MacKinnon said he had the opportunity to spend an hour and fifteen minutes on the roof of Riverbend School with Coogan Construction. He had to get down on his hands and knees to see the relatively small areas where there was a problem. It is a 60,000 square foot roof and there were some shingles missing because it is easy for kids to get up on the roof, but his opinion was that it did not appear anywhere near as bad as it sounded in the reports and articles in the newspaper. There was a problem with ventilation in the roof, which was a design problem, but as far as installation of the roof, he would say it was a 20-year roof, like it was supposed to be. He asked Mr. Garrett to get this as a subject at one of the next PW&F meetings, in conjunction with the remedy for the ventilation problem; who was paying for what. Mr. Garrett agreed to schedule it. Ms. Pierce reported that today they received a proposal from all parties. She had not seen it yet but she believed that the proposal was that they would work out things among themselves and there was just one specific thing they were talking with the city about. She asked the Assembly’s pleasure as there were things that needed to be done quickly, before school started. Mr. MacKinnon said he would speak with Mr. Buck about it. Ms. Muñoz and Mr. Kibby wanted it brought back to the full Assembly. Mr. MacKinnon suggested fitting in to next Monday’s COW. Mayor Egan thanked Mr. Buck for the work he has done on this problem.
X. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
XI. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 8:10 p.m.
Marian Miller, Clerk