OCTOBER 11, 1999

MEETING NO. 99-32: 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, Muñoz, and Koelsch

    Assembly Absent: Hagevig

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Dave Miller, Airport Manager; Sylvia Kreel, CDD Planner; Joan Wilkerson, Personnel Director; Chief Gummow, JPD; Catherine Fritz, Chief Architect; Craig Duncan, Finance Director; Joe Buck, Engineering Director


    1. Juneau Wave Soccer Team Proclamation

    Mayor Egan read the proclamation into the record. It was accepted by the coaches, Rod Flynn, Nico Bus, Stacy Goade, and Cathy Conner and the Alaska State Cup Youth Soccer champions.

  8. Gordon Epperly

    Gordon Epperly, 10440 Glacier Highway. He said he had a number of issues of concern. First regarding crosswalks, he referred to the article in the newspaper regarding people not stopping at crosswalks. The crosswalk they were probably referring to was the one at Whittier Street and he said he for one would never stop for a pedestrian there, even though it’s the law. He said he was driving a bus and there was a women with a baby carriage on the sidewalk. He stopped for that women and she proceeded across the crosswalk just in time for a person to overtake his bus on the left-hand side going 40-45 MPH. The driver had no idea why his bus was stopped and could not see the pedestrian who fortunately stopped just as the car went through the crosswalk. He said he would never stop there again and set up a person for a possible fatality. The crosswalk should not be on the freeway and should be removed as it is not a controlled intersection. There used to be one at 12th Street and there were a lot of accidents at that location. The crosswalk was removed and there are no longer accidents there. There were three other crosswalks that have the same problem but they do not have the speed problem: one in front of City Hall, one by the Hospital, and one at Floyd Dryden School. He realized the jurisdiction was probably with the State but he asked the Assembly to make some recommendations.

    Mr. Epperly continued with regard to parking at DZ Middle School. He said he has been a school bus driver in Juneau for 31 years. He has complained about this problem at the school for about four years and he has taken photos which are in the possession of his employer. The danger is the general public coming up on the upper landing to off-load students. There are signs that say the upper landing is reserved for buses and handicap only and there is another small sign that points to the lower level for student off-loading, but it is not very prominent. When his bus pulls in full, he has to drive between the buses on the right and the cars parked on the left to drop his students off. A couple times, students have opened their car doors as he is driving by and if he had not hit the brakes fast enough, he would have hit a student. The signs need to be more prominent and there should be one at the entrance saying "Do Not Enter, School Buses Excepted." He also suggested painting the curb red instead of yellow.

    Mr. Perkins asked if he had taken this up with the Principal or the School District. Mr. Epperly said he had taken it up with his supervisor and he felt it was his responsibility; he was not sure what his employer had done. He said it is a very serious problem and it would be his problem if he happens to yank a kid out of a parked car under the wheels of his bus.

    Mayor Egan asked Mr. Palmer to take note and let Mr. Bader know of the problem.

    Mr. Epperly continued and referred to the letter he had written regarding the cruise ship head tax, which was included in the packet, drawing attention to issues of law. The memo from Mr. Corso stated Mr. Epperly did not follow the ordinance, but he said it did not take ten people present to notify the Assembly of the law. He said if he did not follow the procedure to the letter, which he was not aware of, he was sure the Assembly could make recommendations. He felt there were serious questions of law in his letter and his letter had already been addressed by the attorney for the City and Borough of Haines; they have already struck it down as unconstitutional. There are also many other legal professionals who say it is illegal. He felt it needed to be addressed before it gets into the courts. If he did not follow the procedures, he would ask that the Assembly please recommend to the proper person to investigate the allegations. He added that a copy of the letter did go to the cruise ship industry and the industry would be meeting in Ketchikan within the week.

    Garry Baysinger, 9503 Antler Way. As a bus driver, he was concerned about the new intersection circle at Columbia and Taku. The signs were put up last week and he said there was no conceivable way to move a bus around the way the arrows are marked. This morning he had to back up twice while trying to get around the circle. In the process of backing up, two cars just missed him because they went to the inside instead of how the signs read. He felt the designer did not consider school buses. He spoke with the Police Department and the street maintenance people and they all said they could do nothing about it and he would have to bring it to the Assembly. He said if he changed his schedule, he would be changing 20 family’s times to pick up their kids. Some kids are currently riding the bus for 1.25 hours and he did not feel it was right to have to change them all around again.

    Mr. Perkins asked if it was the width of the circle that was the problem and if he actually had to go up over the top of the circle. Mr. Baysinger said yes, and added that he bumped two students’ heads today. Before the signs were put up, he was going to the inside and he could make it; to go around the circle, the streets are not wide enough and he has to encroach on peoples’ yards.

    Mayor Egan asked Mr. Palmer to provide that information to Mr. Mueller and the Engineer.

    Greg O’Claray, 5140 North Douglas. He testified as a citizen to address public service. On October 5th, 7 out of 10 voters cast their ballots for Proposition No. 1, the cruise ship passenger fee. It was a controversial and contentious election and some folks feel that an Assemblymember was defeated because of that question being on the ballot. Others felt another Assemblymember should have been defeated because of a position they took on the ballot. The CBJ is governed by nine elected individuals, all humans, all honorable, and all dedicated to making Juneau a better place to live. Regardless of the rhetoric, the citizens had an opportunity to speak in the only way they know how and that is by casting a ballot. The CBJ Assembly has an opportunity rarely given elected officials and that is the ability to collect fees from individuals, which fees go directly into the general fund, and the responsibility of allocating and expending the funds. The Assembly has also been advised by the CBJ Attorney, and others, that there is a great potential for challenge on the initiative. The job is not done once the voters have spoken. The citizens’ responsibility is to advise and consent, speak to the Assembly, ask to be listened to, and then go to the polls to vote on issues that affect them. Unfortunately, a small percentage of the citizens who are registered to vote in this town turned out to vote on at least two very important issues. No one can force a voter to go to the ballot box, but they must be asked to be responsible for the result and live with it. He wished Ms. Hagevig was present and said she dedicated a lot of her time and effort to trying to make Juneau a better place to live. For that, he personally thanked her. He said our system of government that elects people to public service extends a great honor and privilege to those people who stand for election. With that honor and privilege goes an awesome responsibility, to spend voter and taxpayers’ money and to protect them from anything that disturbs their peace and their ability to pursue happiness within in this community. He wished the Assembly well in their endeavor. Elections are not a cleansing opportunity but an opportunity for voters to speak and elected officials to listen. As a citizen of Juneau he commended all the Assemblymembers for their work.


Ms. Muñoz asked that items C1 and C2 be removed.

MOTION - by Garrett, to adopt the Consent Agenda as amended deleting items C1 and C2, and he asked unanimous consent. There being no objection, it was so ordered.

A. Bid Award:

1. Bid Award No. 00-140:

Term Contract for Water System Replacement Parts.

Administrative Report: Attached. The Manager recommended award of Section I of this bid, which was for the water line parts, to H.D. Fowler in the amount of $23,970.91, and he recommended award of Section II of this bid, which was for the water meter parts, to Pacific Waterworks in the amount of $26,686.68.

B. Transfer Requests:

1. Transfer Request No. 676:

Transfers $7,500 from the Juneau Wetlands Mitigation Bank Fund to Juneau Wetlands Mitigation Bank Development.

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

    1. Transfer Request No. T-677:

Transfers $5,000 from the Taku Boulevard Reconstruction Project to Mountainside Storm Drainage Project.

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

C-1 Liquor Licenses:

Package Store License:

    1. Alaska Express

Timberwolf Ventures Inc., Michael James Tripp – President, Darren James Booton – Vice President, Tamara Elizabeth Booton – Vice President, Audrey Gail Acord – Treasurer; d/b/a Alaska Express; 439 South Franklin Street, Juneau, AK Mail: 406 South Franklin Street, Juneau AK 99801 FROM: Paperweight Inc., Hal Keith Ward – President; d/b/a Valley Liquor Mart; No Premises; Mail: 3101 Penland Parkway, Suite H-2 Anchorage, AK 99508.

Administrative Report: Attached. The Manager recommended the Assembly adopt the Human Resources Committee recommendations from its October 11 meeting regarding its right to protest to the licenses as reported.

Public Participation: None

Assembly Action:

Ms. Muñoz said the Human Resource Committee recommended that action be postponed pending receipt of a fire inspection of the premises. She said the next HRC meeting was scheduled for the 15th and she assumed they would get a report and then bring it to the full Assembly. Ms. Miller noted the 90-day timing and said it may be difficult and may need to be addressed at a special meeting. Mr. Kibby asked if it could be approved pending authorization and Ms. Muñoz and Mr. Corso said yes. Ms. Muñoz withdrew her recommendation to postpone.

MOTION – by Muñoz, to approve conditionally the package store license for the Alaska Express pending receipt of the report from the fire department. There being no objection, it was so ordered.

Restaurant or Eating Place License:

2. Fiddlehead Restaurant & Bakery

Karma Café Inc., Sylvia Audrey Kreel – President/Treasurer, Kirk Alan Stagg – Vice President/Secretary; d/b/a Fiddlehead Restaurant & Bakery; 429 West Willoughby, Juneau, AK Mail: 429 West Willoughby, Juneau, AK 99801.

Administrative Report: Attached. The Manager recommended the Assembly adopt the Human Resources Committee recommendations from its October 11 meeting regarding its right to protest to the licenses as reported.

Public Participation: None

Assembly Action:

MOTION - by Muñoz, that the Assembly waive its right to protest the license. There being no objection, it was so ordered.

  2. 1. Ordinance No. 99-17 (K)


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

    Public Participation: None

    Assembly Action:

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

  4. NEW BUSINESS - None
  6. A. Manager’s Report - Action Items

    1. Art Selection Panel’s final selection report for the Juneau Police Station.

    Administrative Report: Mr. Palmer referred to the memo in the packet dated October 5 describing the recommendations.

    B. Manager’s Report - Information Items - None

    C. Attorney’s Report - None


    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    4. Committee Reports
    1. Standing Committees:
    1. Committee of the Whole – Mr. MacKinnon said a meeting was scheduled for Wednesday at 5:00 p.m. in the Chambers, to hear a presentation by DOT on the Haloff Way improvements.
    2. Finance Committee – Mr. Perkins asked about keeping the samples of artwork that were presented for the Police Station. He suggested that one be hung in the Mayor’s Office and one in the Manager’s Office.
    3. Human Resources Committee – Ms. Muñoz said there would be a meeting on November 15 at noon in the Chambers to take up the Planning Commission applications. She noted the need for a nominee for the Capital City Emergency Planning Committee.
    4. Lands and Resources Committee – Mr. Kibby had nothing to report.
    5. Public Works and Facilities Committee – Mr. Garrett reported on their meeting last week and said they discussed a report from Mr. Mueller about the sewer backup incident that occurred at the Mendenhall Treatment Plant and three recommendations for actions that could be taken in the future to prevent such incidents from occurring again. The Committee urged him to move forward and would hear more detail on the most expensive item which involves a passive overflow system in the event of failure of all the redundant systems. He thanked both the Manager and the Public Works Director as well as the employees at Carson Dorn Engineering for their speed in coming up with recommendations.

Ms. Muñoz asked that the crosswalk issues brought up by Mr. Epperly be brought up at the Public Works and Facilities Committee.

    1. Board Liaison Reports

Mr. Koelsch said the Transportation Committee would be meeting on Thursday the 21st at noon in the Marine View Building.

  2. Mr. Koelsch thanked Ms. Hagevig and Mr. Kibby for their guidance to him and for their dedication to the public.

    Mr. Perkins thanked Mr. Kibby for a job well done and Ms. Hagevig for her work on behalf of the community.

    Ms. Muñoz also thanked Mr. Kibby and Ms. Hagevig and said they both had done a wonderful job and she would miss them.

    Mr. Garrett said that any citizens interested in the aircraft noise issue would have an opportunity to participate in an interesting forum on October 26th. All those involved in the issue would be assembled in one place and questions could be posed to the entire body. Next, he asked approval of the body to work on an ordinance which would be brought to the Finance Committee for review. He said he would work with the Attorney and tweak the non-resident tax exemption card status so that it can serve the people it was meant to serve, people from surrounding communities, and not serve as a tax break for people buying expensive items during the summer. There being no objection, it was so ordered.

    Mr. Powell thanked Mr. Kibby and Ms. Hagevig for the time they had served. Ms. Hagevig, with her attendance at the other meetings outside of the City and her time on the AML, the Southeast Conference and the Alaska Committee, spent a lot of hours in meetings and he thanked her for that. He said he really appreciated hearing Mr. Kibby’s points of view and thanked him for his service.

    Mr. MacKinnon thanked Mr. Kibby for his six years on the Assembly. He presented him and all the Assemblymembers with the "Kibby highlighter", a jumbo black felt tip pen.

    Mayor Egan thanked Mr. Kibby for all the work he put in on the Assembly and the AML. There would be a luncheon for Mr. Kibby and Ms. Hagevig scheduled. He also thanked Ms. Hagevig for doing a heck of a job.

    Mr. Kibby said he appreciated the opportunity to serve the community.

    MOTION – by Kibby that the Committee of the Whole take up the issue of the revitalization of downtown for the purpose of establishing a timely program of physical improvements to address the environment of Juneau as the Capital of Alaska and as the civic, cultural, and economic center of our community.

    He read into the record the following: "Tonight, I am challenging the Assembly and private sector to initiate a program of revitalization for downtown Juneau, the Capital of Alaska. The heart and soul of the community resides within Juneau’s downtown. Out of the many plans and papers addressing the downtown core, a common theme is shared – retain the role of downtown Juneau as the civic, cultural, and economic center of the community. During the past five years, the community has made great strides to provide statewide access in both communications and transportation. While the City continues to expand its infrastructure in rural service areas, the time has come to reflect on the physical facilities of downtown. The recent Comprehensive Plan update addressed zoning issues associated with development in the downtown core. The Capital City Vision Plan developed a focus for downtown. We, the community, have envisioned our role through countless plans and efforts. Now we must act to improve the physical facilities of downtown for our residents, visitors, and business people – government and private sector. A parking garage that could serve as a foundation for a future capital campus, covered sidewalks, sky-bridges, and upgrading of existing facilities – these are all incremental steps to enhance the downtown core. The improvements would benefit residents, government users and visitors alike, while demonstrating our commitment to be the capital of Alaska. Projects could be funded by reprioritizing the City’s CIP and tonnage fees, and by using a portion of the new cruise ship passenger fees. Incentives could also be used to encourage private sector restoration and/or development. Participation by state and federal agencies would also be necessary in planning and initiation. In summary, we have studied the issues; the development process is in place; now it is time to fund improvements that will revitalize our downtown. If we wait, who will provide the unique environment required of a capital city?"

    Mr. MacKinnon said he would put it on a future agenda for the Committee of the Whole. Mayor Egan suggested that Mr. Kibby be invited to attend that meeting and Mr. Kibby said he would greatly appreciate that opportunity.

  4. Mayor Egan noted that Mr. Buck had resigned and he thanked him, on behalf of the Assembly, for all his work and his commonsense approach as the Engineering Director.

  5. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 7:50 p.m.

Signed: ________________________________

Marian Miller, Clerk


Signed: ________________________________

Mayor Egan