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September 13, 1999

MEETING NO. 99-29: 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.
  3. Assembly Present: Garrett, Kibby, MacKinnon, Perkins, Powell, Egan, Hagevig, Muñoz, and Koelsch

    Assembly Absent: NoneA quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Catherine Fritz, Architect; Ernie Mueller, Public Works Director; Kim Kiefer, Parks and Rec. Director; John Kern, Transit Manager; Dave Miller, Airport Manager; Joan Wilkerson, Personnel Director; Laurie Sica, Environmental/Zoning Inspector; Mary Norcross; Roger Healy, Chief Projects Engineer


1. 08/02/99 - Regular Meeting No. 99-23

MOTION by Kibby, to approve the minutes of Regular Meeting No. 99-23, held August 2, 1999, and he asked unanimous consent. There being no objection, it was so ordered.


    1. Juneau Douglas High School Girls’ Fastpitch softball Team
    2. This item was postponed until the next regularly scheduled meeting.

    3. Juneau Junior All Stars – Proclamations
    4. Jim Ayers, Bruce Scandling and Jody Vick all received special proclamations in recognition for their leadership of the Junior All Stars who claimed the titles for Southeast Alaska Champions, State of Alaska Champions, Northwest Division Champions and runners up in the Western Regional Tournament. Mayor Egan read the proclamation into the record. A proclamation was presented to each of the team players.

      Mr. Ayers thanked the community for their support and said this would not have been possible without all the hours that people, at Gastineau Channel Little League, put into make it all work. He thanked all of the children in the community that this team played with and against for the past 10 years and said that Juneau was in an era of change and has become very competitive. Juneau is developing a reputation of having children who work hard, play their hearts out, and are winners. The community has to change with them and afford every kid that opportunity. They need to have the facilities to develop their skills, whatever that skill is and whatever level they're at. That was a part of learning that was critical and more could be done to get that accomplished. He said it was a reflection of this community, how far the children went. It was them, not him, and it was the community, not just the team, that went that far. He also thanked the Juneau Empire and KINY for their coverage.

    5. Presentation by Charlie Northrip on the Mayor’s Y2K Task Force

Mr. Charlie Northrip said that of the task force’s 15 members, 14 have been very active. Nine committees have been formed with five or more members on each of the committees representing the various sectors of activities in the community that Y2K may touch in some way or another. Their July 31st Town Meeting and Open House, and last Wednesdays’ Y2K Conversation, allowed them to communicate much of their findings to date. Their Social Safety Net committee got a bit of a late start and still has some work to do, but otherwise at this point, they were satisfied that they have as much information as possible. Juneau’s awareness is high and they are prepared to deal with the problem as well as many communities and better than most. There would be some problems but various sectors of the community have contingency plans in place to deal with them. The Task Force’s focus is shifting to deal with public perception of the Y2K problem. Individuals, who are not yet aware, may be upset or confused by Y2K disasters or predictions via feature films or the Internet. They are planning one more public event in late October or early November, timed to be near the release of any major film or TV program or feature. They do not plan to report to the Assembly again until after that public event, unless the situation changes drastically.

Mr. Powell asked if anything had turned up on 9/9/99. Mr. Northrip was not aware of any problems and noted that would only have affected old mainframe computers. He went on to say they passed a date in April, the 99th day of ’99, and they passed June 30, which the next day was the beginning of the new fiscal year for this municipality and the State of Alaska. The next date to watch would be 9/30/99, the roll over of the federal fiscal year.

  3. Jane Ginter

    Jane Ginter, the Chapter President of the AFS Intercultural programs, American Field Service. She introduced some of the exchange students living in Juneau this year. The students represented AFS, ASSE, ICEP, the Juneau-Vladivostok Sister City Committee and Rotary. She requested that the Assembly grant a bus pass to each of the students because while in Juneau they are not allowed to drive or work. Each of the members introduced themselves, stated the country they were from and commented on what they thought of Juneau. Ms. Ginter thanked the Assembly for their support of the program and stated that she had five students abroad this season with AFS.

    Mike Peterson, as a resident of Douglas, testified regarding ERA’s attempt to lease the little rock dump. He was opposed and said that with regard to tourism in general, tomorrow would be the busiest day of the tourism year. The Empire noted there would be 7,000 passengers and 3,000 crewmembers making tomorrows population 40,000. The recent accident that Temsco had on Herbert Glacier leads him to ask what they were doing up there, flying in that kind of weather. The picture in the paper showed snow covering pieces of equipment. He was not opposed to making money, but even when he was self-employed, he had limits that were placed on him by the city, the state, and by the space that he was in. He thought the CBJ needed to discuss limits on the amount of tourists that come to Juneau. As a resident of this town, he pays a very high price for gas. That is because there is a limited market, it is captive and cannot go anywhere else. He asked if that theory or philosophy or thought could be applied to the amount of tourists, if a limit were place on certain dates or at certain numbers, would that not raise the quality of the experience here.

    Mr. Powell said the Tourism Advisory Committee (TAC) would be holding a number of public meetings during the next 4-5 weeks on different issues concerning tourism, trying to get feed back from the public and to take appropriate action. He encouraged Mr. Peterson to participate. Ms. Hagevig said that at the next meeting of the TAC that they would be looking at both fixed wings and helicopter aircraft impacts on the community would be on the 21st.

    Merili Scott, resident of Haloff Way. She inquired about the Haloff Way extension and asked what action or recourse the Assembly planned to pursue from here. She said she attended the Transportation Committee meeting and a couple members of the Assembly, while looking at DOT’s project plans, were able to see that there were other options available. One member mentioned that sometimes the second option is the better recourse to go rather than the first. She said neighborhoods were being overrun by tourism, by noise and by traffic. She asked the Assembly to adopt a resolution to keep their neighborhood, Haloff Way, as a cul-de-sac.

    Mr. Koelsch suggested discussing this during the report from the Transportation Committee.

    Ms. Muñoz asked the timeline for adopting a resolution should the Assembly choose to adopt a resolution in opposition. Mr. Palmer said the sooner the better as there might be an issue coming before the Assembly. DOT has told them that they want a commitment from the city to accept Haloff Way for maintenance under the city maintenance program. Typically, the streets are accepted by resolution of the Assembly. Mr. Palmer has asked Mr. Mueller to evaluate what DOT has asked for and to give it a price tag before bringing it to the Assembly. That relates to the city accepting the road for city maintenance if the state proceeds to build it. He was not sure of their schedule, but felt the sooner the Assembly expressed opinions, the better. Ms. Muñoz referred to Mr. Garret’s suggestion that in state law, the city has recourse by adopting a resolution and she asked, with regard to that, what the time limits would be. Mr. Garrett said the state law indicates in the statute, 35.5, a period of 90 days to adopt a resolution saying you don’t want any state project to be constructed. In this particular instance, DOT has said they would waive the 90-day provision so it was really open ended on the city’s part.

    Cameron Byrnes, North Douglas for 22 years. He related a story which started Tuesday August 31st that the Sky Princess was in town belching smoke. As he drove into town, he thought someone ought to stop this so he came to City Hall and made contact with a Carol McConnochie in the City Manager’s Office; she answers the hotline calls. She said that she had had other complaints about the smoke from the Sky Princess and was having a meeting about it later that day. She also mentioned the hotline, which he had never heard of until that point. He went home and called the hotline to make his complaint a little more official and asked to be called back so he would know what had been done. What he thought was going to happen was that there would be a meeting, the Captain would apologize, go back to the boat and take care of the problem. Two hours later he was downtown again and noticed that the boat was still smoking. He called the hotline again and asked that they call him back; no one did. A few hours later he was downtown again, the Sky Princess was still belching smoke and he thought the process was not working very well. He called the hotline again and left yet another message. No one ever returned any of these calls and the ship eventually left. Last Saturday, driving in from out the road, he reached Lemon Creek he noticed the sky was full of blue smoke. He said jokingly to his son that the Sky Princess must be in town, which it was, and it was still belching blue smoke in a steady stream. He wondered if he was the only one to notice this so he called the hotline and left a message. He then called the Cruise line agency and was told, "We have no way to contact them, you could go down to the dock and ask to speak to someone, that is all we would be able to do". He called the HarborMaster’s Office and was told there was nothing he could do; it was suggested he call the Coast Guard. He called the Coast Guard and was told this was an emergency response line, try the State Department of Environmental Conservation (DEC). He tried four different numbers at the DEC, getting only recordings, until finally one of the numbers connects him with the Troopers in Anchorage. They said it sounded like I needed the local DEC Office but they did not have a number. He called the Juneau Police and was told that they don’t do this type of enforcement and all though they probably have a emergency number for DEC locally, they could not give it to him. He then calls the Alaska State Troopers and got the Ketchikan Trooper office. He was informed that they have a DEC contact number, they would call her and have her get back to him. He never heard anything. The Sky Princess continued to belch all day and finally left town. Monday comes and no one has returned his calls from any of the recordings he left on Saturday, he finally reached Ms. McConnochie again, who said there were lots of complaints on the hotline when she came in that morning. She said she forwards them on to Kirby Day so he can look into them. Nothing really gets done. She was very polite and listened to him. He was struck by the fact that the only ones who can do anything is Sky Princess and apparently they can do anything. What they are doing is not okay, they should not have done it at all and they should know it is not okay. They are scheduled to be back in on the 21st and it seemed to him, on the 21st, there should be something all ready to go so if they are belching smoke, it can be stopped. He suggested contacting them ahead of time and warning them that if the boat was still belching smoke, we did not want them in Juneau.

    Mayor Egan agreed 100% and said he also called the hotline. He spoke with someone in Los Angeles on Sunday, where Princess Cruises has some of their offices; and they were very apologetic and were going to call the city today. There was a technical problem and Mayor Egan asked how they could have the same technical problem three weeks in a row. They promised that on the 21st it would be solved.

    Mr. Powell said that EPA has come to town in the last couple weeks to do PSA readings and that enforcement actions will be taken because of the violation. Mr. Byrnes said what he had been told was that the EPA had been to town, a fellow had come down from Anchorage, taken some readings, but not on a day when the Sky Princess was in Juneau. The man would be returning, but also not on the day that the Sky Princess is in town. He did not feel it was right to have to wait for a EPA man from Anchorage to come keep our air clean. Mr. Powell agreed and said the State use to have a person here watching the air but that was cut. Mr. Byrnes did not understand why there could not have been a police officer down on the dock writing a ticket. He said if he was making that much smoke at the rock dump, someone would have been down there either writing him a ticket or extinguishing his fire.

    Joyce Levine, P.O. Box 21705, Juneau, read two letters - one that was received at the Pioneers’ Home and the other was her response. The first letter was sent by John Kern, the Transit Manager for Capital Transit, to Doug Holt, the Administrator at the Pioneers’ Home. "Dear Mr. Holt, Capital Transit is considering a change in service to the Juneau Pioneers’ Home. Capital Transit bus drivers are reporting increased concerns for the safety of entering the Pioneer Home bus stop on the north bound Mendenhall Valley route. Currently, buses turn left on Glacier Highway to enter and exit the stop. Bus service to destinations to the south, Juneau downtown, would be unaffected, however buses would no longer pull into the stop northbound. Passengers bound for Lemon Creek and the Mendenhall Valley would need to wait for the bus at the nearest stop to the south at Craig Street, or to the North at Tamarack Trails. We realize this action will have a significant impact on persons using the bus to get to and from the Pioneers’ Home. We will accept comments on this proposed change during the next two weeks. If you or your staff have comments or concerns regarding this change, please call or write to Capital Transit." Ms. Levine read her response: "John, we received your letter at the Juneau Pioneers’ Home concerning the possible closure of the northbound stop of Capital Transit. When the bus stop was constructed by the State of Alaska DOT, I assumed that much thought, planning and design went into its location, structure, disability access and safety concerns. It would seem that if the state invested approximately a half million dollars for a project, not just the State of Alaska would have addressed those concerns, but those concerns would have been addressed also by the CBJ’s Public Works Department which includes you. The bus stop at the Pioneers’ Home is used by the staff, residents, young parents with infant children who are a part of our new infant daycare, and volunteers and others who are an integral part of our home. It is incredible to me that you would think of closing the bus stop. By closing the bus stop, these people would have to walk on Glacier Highway to other bus stops across and further down the highway, often in the rain and wind, as well as winter’s ice and snow. The dangers your idea presents angers me at your lack of planning and lack of concern for those at our home. Rather than the idea of closing the bus stop, it would seem more thought out that if safety was your concern, that you would request the State of Alaska’s DOT to put in a turning lane or slow the traffic down to 10-15 MPH coming up on that corner, or slow the traffic down to 10 or 15 miles on that corner and install flashing yellow lights to warn of the bus stop ahead, or put in a stop sign on the road. It should not be our responsibility to comment on a project where safety originally should have been a concern of yours. Your lack of planning and working on problem solving again does not surprise me. If in fact it is a safety problem, I suggest you remedy the situation as soon as possible, but not by putting the family of the Juneau Pioneers’ Home at risk by walking on the highway to another north bound stop." She said it was incredible that when she called Mr. Kern to find out what ideas he had, he wanted us to come up with the ideas. It seemed to her that it would have been better if he asked for our opinion on a couple of different ideas. There is a new daycare program at the Pioneers’ Home where they take in children of high school students; the students also take the bus as well as some residents at the home. She said she wanted the city to seriously look into the matter. The CBJ and DOT were responsible for putting that half million-dollar bus stop in there and it seemed amazing so say it would be taken out. Mr. Holts’ letter was distributed to the Assemblymembers.

    Mr. Perkins clarified which stop she was referring to. Ms. Levine said it was the northbound stop right in front of the home where people would have to walk north or south and cross the road to catch the bus. She said she stood at the most southern point of the current bus stop and could see the traffic coming and did not understand why DOT thought it was a safety problem.


Ms. Muñoz asked that item C-1, Liquor Licenses, be removed from the Consent Agenda.

MOTION - by Garrett, to adopt the Consent Agenda as amended with the deletion of item C-1, and he asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

  1.  Ordinance No. 99-31


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

  1. Ordinance No. 99-32


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

B. Transfer Requests:

1. Transfer No. T-672

Transfers $16,716 from CIP A345-25 North Terminal Access Security Access Control System ($4,212) and CIP A345-33 Airport Capital Reserve Account ($12,504) to CIP A345-41 Replacement of Snow Removal Equipment ($8,000) and to A345-42 North Terminal Access ($8,716).

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

C-1 Liquor Licenses:

Channel Bowl: To: Bearocrats, Inc., Laurie J. Berg – President, Gerald W. Buckley – Vice President; 608 Willoughby; Mail: 911 Calhoun Ave., Juneau, AK 99801; From: Channel Bowl, Inc. Michael Fenster – President, James Abel – Vice President, Ronald Nielsen – Secretary/Treasurer, Laurie Berg – Director; d/b/a Channel Bowl; 608 Willoughby; Mail: 608 Willoughby, Juneau, AK 99801

Administrative Report: Attached. The Manager recommended that the Assembly adopt the Human Resources Committee recommendation from its September 13 meeting regarding its right to protest to the license as reported.

Public Participation: None at this time.

Assembly Action:

MOTION - by Muñoz, to approve the liquor license. There being no objection, it was so ordered.

  1.  Ordinance No. 99-30


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

Public Participation: None

Assembly Action:

MOTION – by Hagevig, to adopt Ordinance 99-30, including the technical changes included in the memo from Mr. Corso dated September 8, 1999, to include the language "or a similar container" on page 5; lines 8, 12, 16 and 25 to be deleted, and also on page 5, line 9 the language "such door or doors" changed to "any doors thereon" and she asked unanimous consent.

Mr. MacKinnon referred to page 5, line 23 under "Disposal" and asked if the intent was that before you take an appliance to the landfill for disposal, that the door shall be removed. Mr. Corso said yes, they would have to be unscrewed, which is presumably doable. Mr. MacKinnon asked what if the door was just disabled so that it could not be closed. Mr. Corso said the ordinance did not address that issue; the ordinance was modeled after one in Illinois and was similar to yet another one; they all seemed to have this requirement to take the door off so he concluded that it was doable.

There being no objection, it was so ordered.

    1. Ordinance No. 99-17 (H)

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

      Public Participation: None

      Assembly Action:

      MOTION – by Powell, to adopt Ordinance 99-17 (H), and he asked unanimous consent. There being no objection, it was so ordered.

    3. Ordinance No. 99-17 (I)


Administrative Report: Attached. The Manager noted that the ordinance originally appropriated $148,412, however due to an error noted, the total amount needed to be amended to $139,595. He recommended that this ordinance be adopted as amended.

Public Participation: None

Assembly Action:

MOTION – by Garrett, to adopt Ordinance 99-17 (I) in the amended version with the revisions as noted in italics, and he asked unanimous consent.

Mr. Perkins asked for clarification on the cost analysis being $278,899 and asked Mr. Miller to provide the current balance in the PFC, with a list of proposed projects for the coming year, using the revenues from the PFC. Mr. Miller said he would provide that information and explained that the cost analysis in the Ordinance included an add on. There was one grant based on the estimates and the actual bids came back considerably higher than the estimate so they had to go back for an additional grant.

There being no objection, it was so ordered.

  2. NEW BUSINESS - None
  3. B R E A K

    8:00 p.m. – 8:15 p.m.


A. Manager’s Report - Action Items - None

B. Manager’s Report - Information Items

    1. Amendment to Commercial Passenger Vehicle Regulations
    2. Public Use of Municipal Transit System Regulations
    3. Administrative Report: Attached. Mr. Palmer said that there were no comments received on the two items that were put out for public comment. Without comment from the Assembly, the regulations would go into effect.

      Mr. Garrett clarified that for the for-hire vehicle regulations, no comments were received.

      Mayor Egan asked if item two, the code of conduct on Public Transit, was a major change. Mr. Palmer said this was not a major change to the way they had been operating, it codifies what has been the standard practice.

      Ms. Hagevig asked how it was advertised. Mr. Kern said the Code of Conduct was constructed by a committee of drivers and staff for Capital Transit. It was advertised in both the classifieds in the Juneau Empire as well as a display ad. It was also made present in each of the libraries in the community and on the City’s Web Page. Following tonight’s meeting it would again be submitted to the Juneau Public Library and the Clerk’s office for 30 days prior to implementation.

    4. Amended Assessment Roll.

Administrative Report: Attached.

Mr. Kibby asked how the State Assessor could have picked this up. Mr. Palmer speculated that he reviews the Board of Equalization proceedings from various communities; they picked up a similar type of thing in Kenai and went to court over it. He said he would ask the State Assessor and find out. Mr. Perkins asked him to find out if there was a complaint against the BOE action on this specifically which required the Assessor to look at it a second time.

Mayor Egan clarified that the BOE could convene before or after an Assembly meeting.

C. Attorney’s Report

Mr. Corso said, at the request of the Assembly, he wrote an ordinance amending the purchasing code to provide for the debarment of contractors who have broken laws or given unsatisfactory performance. Mr. MacKinnon suggested referring it to PW&F. There was no objection to that direction.


    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    4. Committee Reports

    1. Standing Committees:
    2. Committee of the Whole – Mr. MacKinnon said there was not a COW scheduled at this point.
    3. Finance Committee – Mr. Perkins said Friday, the 17th at noon there would be a brief meeting to discuss additional investments for the external portfolio manager that were recommended by the consultants who were in town last month. He did not expect the meeting to last more than half an hour.
    4. Human Resources Committee – Ms. Muñoz reported that they met today on the issue of the VIP bus pass program and to review appointments to Boards, Commission & Committees. There was a lot of discussion regarding the VIP bus program and she emphasized that Capital Transit had a deficit in their budget of approximately $25,000 which would have to be made up somehow or service would be cut. She said she could not get the committee to agree on a fee for the free bus passes. However, there was consensus on the issue of tightening up the lifetime-bus passes by looking at the administration of these passes and making a recommendation back to the Assembly on how the lifetime-passes should be handled. Everyone could agree that they did not want service interrupted or decreased, but they could not figure out a way of coming up with the funding.
    5. She offered the following names for confirmation:

      MOTION – by Muñoz, to appoint Nils Dihle to the Commission on Aging. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Robert Isaac and Budd Simpson to the Douglas Service Area Advisory Board. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Kenneth DeRoux and Corey Wall to the Historic Resources Advisory Committee. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Jesusa Bernaldo and Michael Pellerin to the Advisory Committee on Housing. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Marylou Miller to the Juneau Human Rights Commission. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Marysia Ochej – School District, to the International Relations Advisory Committee. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Ray Coxe, Jerry Gerner, Bradley Flynn, Wayne Nicolls, Jeoff Whistler and Scott Yarnall to the Juneau Shooting Range Advisory Committee. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Timothy DeAsis and Timothy Smeekens to the Social Services Advisory Board. There being no objection, it was so ordered.

      MOTION – by Muñoz, to appoint Kirby Day, Mary Irvine and Sandy Warner to the Tourism Advisory Committee. There being no objection, it was so ordered.

    6. Lands and Resources Committee – Mr. Kibby had nothing to report.
    7. Public Works and Facilities Committee – Mr. Garrett was not at the last meeting and asked if Mr. MacKinnon or Ms. Hagevig could report. Ms. Hagevig could recall the request from Public Works about putting together proposals for DEC capital matching grants; they approved the department putting those together and they would be back before the committee on Wednesday. One was for the North Douglas sewer project and one was for the Lena Loop reservoir. Ms. Muñoz said they also discussed the Statewide STIP and the Juneau projects for that STIP. Ms. Hagevig said it was not approved and they requested that it come back before the committee and the full Assembly before it goes to the DOT. Their deadline was the 20th and the next meeting was the 20th, but they were assured that if it were sent in on the 21st, which would be adequate. Mr. Garrett said they would be meeting on Wednesday and that the agenda would include the contractor debarment draft ordinance.

    1. Board Liaison Reports

Mayor Egan reported on the annual meeting of the Alaska Committee in which they elected three new members.

Mr. Koelsch reported from the School Board that a Riverbend kindergartner parent spoke about a fence surrounding Riverbend. The parent she said she had some issues of safety in that the height was four feet and not six feet as originally proposed. That there was also a visual problem on the edge of the playgrounds, trees were obstructing the view of the fence and that there could possibly be strangers on the playground who would not be visible because of the trees. The principal would take these concerns to the Riverbend Site Council.

Mr. Powell said this last week he attended the Eaglecrest Board annual meeting. They would be updating the plan that they did several years ago and would continue to look at ways of being more efficient and for ways of generating revenue during the off seasons.

Ms. Hagevig reported on the meeting of the Harbor Board and said the issue of most consequence was the Harbor Boards’ action in declining to take positive action on the application of ERA Helicopters to move to the Little Rock Dump. They did so because it was not a water-related activity and because the Harbor Board had, in their master plan, other plans for the use of that property.

Mr. Koelsch reported that the Transportation Committee met and went through the draft STIP.; they made comments on it to forward to the PW&F committee. This Thursday they would be meeting again to make sure that the comments were the ones they wanted to make. September 2nd they had a meeting on Haloff Way; they took the information that was accepted, and both the neighborhood and the DOT presented information. The information was sent to the consultants for the Juneau Areawide Transportation Plan for comment; their comment was that it would require between $1,000 and $5,000 to study it and report back on it. He asked direction from the Assembly whether the discussion should continue. He suggested that if it is done, it be done in the Committee of the Whole because the make up of the Transportation Committee was not necessarily a citizen committee.

Mr. MacKinnon put a presentation by DOT and discussion among the Assembly about Haloff Way on the COW list. Ms. Muñoz requested that the neighborhood be represented and be allowed to give their viewpoints. Mr. MacKinnon said he would discuss scheduling with DOT. Ms. Muñoz hoped that DOT would respect this next meeting and would put the project on hold for the next couple of weeks until the issue could be resolved at the local level. She asked DOT to respond to this request.

Mr. Chris Morrow of DOT came forward and stated that DOT would continue development; they were seeking federal funding and had two more days to get their funding request in to capture FY99 dollars. They would proceed with that and still needed to meet with property owners to finalize driveway locations. They still need the CBJ to agree to assume responsibility of maintenance by signing the agreement. Details remain before they can advertise for construction bids. He did not see any conflict with meeting with the COW.

Ms. Muñoz asked if the federal funding was contingent upon the city agreeing to take over the maintenance. Mr. Morrow replied no.

Mr. Perkins clarified they would not continue the project, even with funding, until they had an agreement with the CBJ to take over Haloff Way. Mr. Morrow said he was not authorized to answer that. He said currently DOT owns part of the right-of-way and the city owns the existing ROW on Haloff so there were two public entities owning the same portion of the roadway. DOT was not inclined to want to build a roadway that they would have to assume maintenance responsibility for. On the other hand, since safety is a paramount concern to them, whether they would want to assume maintenance would be an upper management decision.

Ms. Hagevig asked for the process in dealing with the residents and getting authorization for driveways. She heard that some of the residents are feeling pressure from DOT and they were confused by the different jurisdictions. Mr. Morrow said one of the conditions from the Planning Commission included installing a privacy fence. The CBJ Public Works Department said they would not take responsibility for maintaining the fence, even if they assumed responsibility for the roadway. DOT needs to install the fence on private property and for that to happen, they need to get folks to agree and give permission to access onto their property to build a fence. They also need to extend driveways across the existing Haloff roadway to the new roadway alignment, which could require DOT being on their property to do that. One gentlemen has signed the driveway permit. If the others did not want DOT on their property for the purpose of extending their driveway, DOT could still extend the driveway within the existing ROW and then it would be left for the owners to do the final grading. There is a sense of pressure in that the privacy fence is there for their use if DOT is not allowed onto their property, they would not be able to build the fence. Some folks asked to postpone meeting with DOT until after this Assembly meeting and probably now will want to wait until after the COW.

  2. Mr. Koelsch asked the funding source for the bus passes. Mr. Palmer said it was typically taken out of the hospitality or the contingency fund of the Assembly.

    MOTION – by Koelsch, to approve the exchange student bus passes. There being no objection, it was so ordered.

    Mr. Perkins thanked Mr. Palmer for the work he and staff had done regarding the incident at the Treatment Plant. He asked Mr. Mueller about the plan to remedy this so that it would not occur again. He understood it was human error and said there needed to be a plan in place. He asked that at the earliest date possible, upon receiving a plan from Mr. Mueller, call a meeting of the affected neighborhood, including himself. He then asked about the bus stop at the Pioneers’ Home. Mr. Palmer said the issue arose from a concern by the safety committee of the bus drivers; turning across the traffic and then trying to get back into the lane of traffic in the northbound route constituted what they thought was a hazard. In a process to respond to the drivers, Capital Transit sent a letter to the users in the neighborhood asking for comments. He said he spoke with Ms. Levine on the phone and tried to explain that it was not a predetermined outcome; the letter was only asking for comment. To eliminate that stop would be a reduction in service and it would be a trade off of whether it was dangerous for the bus or pedestrians to cross traffic. If the comments were strong, that this was an important stop, then the next step would be to have a traffic engineer look at it and discuss other options.

    Mr. Perkins asked Mr. Palmer to contact Mr. Day regarding the Sky Princess and the City’s concern. Mayor Egan said that Mr. Day was aware of the City’s concern and he thought Mr. Day was prepared to make a presentation to the City Manager.

    Ms. Muñoz referred to the letter from a resident on Starr Hill regarding a potential fire hazard; a wood burning stove. She said she brought this up at a PW&F meeting and understood that the Fire Marshall would get back to the Assembly with recommendations. Mr. Palmer said it went to the Fire Chief and he planned to speak with the State Fire Marshall since the City’s Fire Marshall position was currently vacant. Mr. Palmer contacted the author of the letter and asked him to bring it up before the neighborhood association in that area. Mayor Egan clarified it was a single wood stove in the area. Mr. Palmer said the writer had asked for an ordinance that would prohibit wood stoves in the area because of the proximity to houses and the flammable roofs. Ms. Muñoz said there had always been an unspoken agreement to not burn wood stoves, especially in the wintertime.

    Mr. Kibby referred to the memo from the Municipal Clerk requesting an executive session and said he felt it could be discussed publicly. He said to Mr. Palmer that there seemed to be a real personality conflict between himself and Clerk and asked Mr. Palmer what he would do to resolve it. Mr. Kibby said they lost an assistant to the Clerk a year ago and he did not want to see this getting to the same point. Mr. Palmer clarified the question and said it was a difficult question to answer in a quick response. He and Ms. Miller have had countless discussions on a variety of issues and she and he often have differing opinions. He arranged for a meeting between Ms. Miller, himself, Peter and Susan Glasure, the consultants who have helped us set up a variety of training programs. They went to Eugene and spent a day with those folks working on various issues and came out with agreement to facilitate communication and to help them work together. They meet at least once a week to talk about a variety of issues. The issue of the voter information pamphlet has been discussed in general. Ms. Miller she did want to be part of the team that put the pamphlet together because she wanted to remain impartial.

    Mr. Perkins thought they were dangerously close to getting into personal matters of personnel and he questioned the need to go into executive session for further discussion. Mr. Kibby did not object, but asked Mr. Corso if his line of questioning was dangerous. Mr. Perkins did not know if the questions were dangerous but the replies could be impugning on someone’s good name or credibility. Mr. Corso said subjects that qualify for executive session included matters that the immediate knowledge of which would clearly have an adverse impact on the municipalities finances, or which would tend to go against the character or reputation of any person. To the extent that the conversation deals on a conflict between two individual, it appeared the frank and candid exchange of views might tend to go against the character or reputation of some person. If, however, the subject under discussion was the best way to handle the voter information pamphlet, then that was not a reason to go into executive session.

    Mr. Perkins said as long as the questioning relates to the memo from the Clerk, he would not have a problem, only if personalities were going to be discussed would he have a problem. He did not want the Clerk or the Manager’s name being drug across mud for no reason.

    Mr. MacKinnon further clarified that if either person would rather the discussion be held in executive session, the Assembly could do that. He asked if either party objected to it being in open session.

    Mr. Powell thought that it was similar to a conflict of interest and said if there seems to be or if it was close to the edge, why not just go into executive session.

    Mr. Garrett said, without regard for personalities of individuals involved, it seemed clear that the language that was proposed to be in the municipal election pamphlet was relatively, if not blatantly bias toward a specific response that the voters were suppose to give this decision. He thought that it was the Assembly’s job to assure that the information presented in the pamphlet was neutral on any subject. One thing that was missing was that in many cities, it was common for the Clerk to be under the jurisdiction of the Assembly and not under the jurisdiction of the Manager. That was not mentioned in this draft, pro or con. He also thought that all of the Clerk’s duties should be listed, not just part of them.

    Ms. Hagevig concurred; she did not want to discuss relationships in the workplace, but she did share the concern that the language before the Assembly was potentially prejudicial. If duties of the Municipal Clerk were going to be identified, the duties should be amplified to include the full scope of the Clerk’s duties. She also agreed that it should be noted that Juneau was one of the few exceptions in the State of Alaska with the current arrangement.

    Mayor Egan suggested only using the first sentence in the second "A" and then striking the rest. There are many communities through out the nation where the Clerk is set up the same way as Juneau. He did not want to get into that discussion. Ms. Hagevig added that the language in the first question also might shed a different light on the subject than she believed was the intent of the body in voting to place it on the ballot.

    Mayor Egan suggested that Ms. Hagevig rewrite it with the assistance of the Deputy Manager and the Clerk.

    Ms. Miller said that as the election official, she believed that the language should be approved by the Assembly. Her issue was that the language had been drafted by the Manager’s office and she did not think herself or the Manager’s office could be neutral in this case. She had suggested that the City Attorney draft the language. (The State of Alaska Division of Election pamphlet was drafted by Legislative Affairs). With the Kenai Peninsula Borough, the Municipal Clerk was required by their code to draft it, but all the language is approved by the Assembly, including appropriations.

    Mayor Egan said that tomorrow’s election had already received pending threats of lawsuits over the language on the ballot proposition. He did not want this to have to come back before the Assembly at another meeting. Ms. Hagevig was directed to meet with Ms. Miller and Ms. Pierce and to reach an agreement. Mr. Perkins suggested including Mr. Corso. There being no objection, it was so ordered.

    Mr. Palmer pointed out that there were three ballot issues and that the Manager’s office typically put the voter information packets together for all those. It was a group effort and was not done simply by him. Early in the process he asked the Clerk to be involved in this and she said she did not want to be. Ms. Miller agreed there was a disagreement and this was not the appropriate place to be discussing it.

    Mr. Perkins asked if propositions normally came before the Assembly for approval before going in a voter pamphlet. It was agreed that they had been in the past. Mr. Corso said there was no established procedure. In the past, according to the issue at hand, different people were involved. Mr. Perkins clarified that some school funds were appropriated to pay for some voter pamphlets. Funds were shifted from education to the Manager’s office to do publication of voter information packets. In the past, we normally lump all the propositions with the funds that were transferred from education dollars. Mr. Corso said the money was deappropriated by Ordinance 99-17(F), from the school project, and reappropriated to Publication of Voter Information Pamphlets from high school CIP funds. Ms. Miller clarified it was appropriated from a high school CIP funds. In the previous one, the State did not do every proposition in the information pamphlet.

    Mr. Kibby continued with his comments and said he wished the personality conflicts that he perceived would be taken care of in short order. He asked about the status of the North Douglas ROW. Mr. Palmer said that R&M had done their work, they had some alternatives and he thought they would go next to the Planning Commission. The conditional use permit had been scheduled before the Planning Commission and he thought that was where they would discuss which ROW they wanted to see. He said he would provide the R&M report. Mr. Kibby asked if the clearing of the ROW would take place this fall or next spring. Mr. Palmer said Mr. Gilbertson was proposing to come to the Lands Committee with a proposal to sell the property to the Golf Course folks and let them get on with their permitting process; there were a variety of conditions that still needed to be met. The road project would next have the environmental assessment and then two years worth of permitting work that was required to use federal money for this project. Mr. Kibby clarified that it would be three to four years out before a road was in that area. Mr. Palmer said there was the understanding that we do not have the money to build it. The money would come in in steps if there was success in lobbying Congress for the funds.

    Ms. Hagevig asked to be invited to attend the meeting when the folks from Eagle Street and the sewer issue. She notified the Assembly that the Police Station Oversight Committee would be meeting on Thursday and they would be touring the new police station. Next, as the presiding officer for the appeal of Ashe, Ramos, Bonnet and Woody, to the Planning Commission, there was another request to postpone proceeding with the hearing of the appeal because the parties were working hard together to try to resolve the issue among themselves. She found this a desirable suggestion and recommended to the Assembly that it be postponed for another 30 days. Mayor Egan clarified it was both parties making the request. Ms. Hagevig presumed it was acceptable to the Planning Department. Mr. Corso recalled the CDD was in agreement with both the previous requests and he said he would be surprised to learn anything different about this one.

    Mr. Garrett congratulated the new Police Chief. He thought it was a very thorough process that was gone through and thought it was wonderful that Captain Personnett was now Chief Personnet. He referred to the testimony about the Sky Princess and said one of the issues that would get in the way of the City doing anything about the pollution incidents was that the City has relied on federal and state pollution laws, and thus, the people who were in charge of enforcing those laws. There is no City pollution laws that parallel the state or federal laws. One issue to be considered would be the adoption of City ordinances that would allow the City to prosecute pollution violations. It would be a fair amount of work and, as much as possible, he would like to see them parallel state or federal. It was becoming clear that they could not count on DEC due to budget cuts. He felt that a failure of passage of tomorrows’ initiative would give the Legislature free reign to cut government even more and further reduce the amount of services to be delivered by the agencies that we have relied on to protect our air and water resources. He thought the issue should be discussed Mayor Egan was concerned with adding another layer of beaurocracy. Mr. Garrett was confident in finding a source of money to pay for the bodies who would be involved in enforcing the laws.

    Mr. Powell said that last week he put together a letter at the request of Nancy Wheatley, who was with the president of Royal Caribbean, which listed the possible solutions that they might consider for water quality and air. He asked the Clerk to get a copy to each of the Assemblymembers. With regard to new regulations, he felt that it would be better to use the existing laws but stressed to need to come up with a way to ensure that they are enforced. He understood that the money that was coming in from the penalties, that had been assessed from the violations, was going to be coming to our state and maybe to this region specifically. He felt those funds needed to be captured and suggested that air is unique in our region because the topography of our town. Other communities do not experience this air issue because of circulation of the air. He said he would continue to follow those issues. Next, he thanked Alaska Airlines for the trip the other day. He challenged the community to raise the bar for the other part of the aviation community. There have been five incidents and/or accidents this year and he felt it was time to take a look at that as a community. The Safety Board would be giving their recommendations on those specific incidents and the FAA would be taking the recommendations and deciding what to do. He felt there was a roll for the community to step up to the plate and created a partnership like that with Alaska Airline, which improved technology so we have safer airways for jets. He felt the same should be done for helicopters and fixed wings. He spoke with folks in the industry and there was some movement to that effect. Some companies go beyond that right now and he referred to the organization of TOPS. It was an organization that was started nationally and exceeded the safety requirements. Some of the companies in this community belong to those kind of organizations and that should be encouraged to occur. He encouraged the Airport Manager and noted that Mr. Miller would be applying for a grant for increasing the safety margin for helicopters and small planes.

    Mr. MacKinnon asked Mr. Powell if he was talking about all aircraft or just commercial. Mr. Powell thought it should apply to private and commercial, but that commercial might be the place to start. Mr. MacKinnon did not think there was an instrument that prevented pilot error but he did agree with some direction. Mr. MacKinnon referred to an earlier article on IHH in the paper. He was disturbed not only by the fact that there was a default on the loan, but that he had been hearing rumors about it for months and nothing came down from above; that the Assembly had to get the confirmation on it by reading the article in the paper. Mr. Palmer said that IHH’s obligation to the City was to make one payment a year. They had been delinquent; they made the payment and were current. Mayor Egan hoped this would soon be over with. Mr. Palmer said they were proceeding with the foreclosure to get the property back, which could take 90 days.

    Mr. Perkins said, when going out for sale of public land, there should be a review of what is required. Currently, we require 10% down with no background check to determine whether or not they are qualified to take on that loan. There was not a past or present check on their ability to make that payment. As long as they come up with the 10% down, we don’t care where they got it. The other thing was that the JEDC also was involved with these individuals down at the other end of town and they had proceeded in their foreclosure notice to get the building that IHH defaulted on payment. Any future land sales should be considered.

    Mr. MacKinnon said the note on the land was secured by the land, but he did make a good point. He suggested restoration bonds, which would have been nice in this case.

    Mayor Egan announced that there would be a public reception for the new Chancellor, John Pugh, from 5-7 p.m. in the Morant Building.

  4. William Phillip Dunn, 11435 Glacier Highway, stated that he came in on the late bus after hearing Mr. Palmer say something about Public Transit and "no public comment." Two months ago, as a result of long efforts to advise his fellow passengers and the drivers about certain regulation regarding appropriate and inappropriate behavior on the bus, he was advised by one of the veteran drivers that if he was concerned about the forthcoming regulations to contact Mr. Whiting to obtain a copy. He followed that suggestion and Mr. Whiting said he would send them to him. However, he did not ever receive them. His concern was with the government’s response to citizens. He is in favor of the current regulations - the bus system is a great system with terrific people doing a job that he could never do. However, some passengers are really making it hard for the drivers; there are repeated infractions of "no food or drink" on the bus and he has spoken personally with some people and has been really dumped on. He said he is a responsible and responsive rider and he appreciated the bus drivers effort trying to get folks to be responsible passengers. Mr. Dunn reiterated that he really likes the bus system and hoped the budget was approved to increase the service.

  5. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 9:30 p.m.


Signed: ________________________________

Marian Miller, Clerk


Signed: ________________________________

Mayor Egan