THE CITY AND BOROUGH OF JUNEAU, ALASKA

DECEMBER 20, 1999

MEETING NO. 99-37: 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.

  1. FLAG SALUTE was led by Mayor Egan.
  2. ROLL CALL
  3. Assembly Present: MacKinnon, Perkins, Powell, Egan, Muñoz, Koelsch, Pillifant, and Etheridge

    Assembly Absent: Garrett

    A quorum was present.

    Staff Present: Marian Miller, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Al Heese, Acting Airport Manager; Mel Personett, Police Chief; Rosemary Matt, Chief Project Engineer; Greg Chaney, CDD Planner

  4. APPROVAL OF MINUTES
  5. 1. 11/15/99 - Regular Meeting No. 99-34

    MOTION - by Koelsch, to approve the minutes of Regular Meeting No. 99-34, held November 15, 1999, and he asked unanimous consent. There being no objection, it was so ordered.

    SPECIAL ORDER OF BUSINESS - None

  6. MANAGER’S REQUEST FOR AGENDA CHANGES - None
  7. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
  8. Robert Garrison, 528 W. 11th. Mr. Garrison referred to his previous testimony and said the car he had been concerned about was tagged some time prior to Thanksgiving, the tag was torn off, he called to complain, it was tagged again and gravity took it down the street. Gravity took the other one down the street also so both of them were parked in front of a residence on D Street. The traffic people say they have to tag it. The car does not have a radiator or a carburetor in it, but it continues to move down the street. He felt that one person had been living on the street for three years, maybe longer.

  9. CONSENT AGENDA

Mr. Koelsch asked that Ordinance 99-17 (L), item A-8, be removed from the consent agenda.

MOTION – by Koelsch, to adopt the Consent Agenda, as amended with the removal of Ordinance 99-17 (L), and he asked unanimous consent. There being no objection, it was so ordered.

A. Ordinances for Introduction

1. Ordinance No. 99-26

AN ORDINANCE AMENDING THE LAND USE CODE TO DISALLOW CALCULATION OF BUILDING HEIGHT USING AN ARTIFICIAL REFERENCE DATUM.

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

    1. Ordinance No. 99-37
    2. AN ORDINANCE PROVIDING A MINIMUM SENTENCE FOR DOMESTIC VIOLENCE ASSAULT, AND PROVIDING FOR THE REVOCATION OF A DRIVER’S LICENSE UPON CONVICTION FOR RECKLESS DRIVING.

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

    3. Ordinance No. 99-38
    4. AN ORDINANCE ESTABLISHING THE OFFENSE OF UNLAWFUL CONTACT AND ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF.

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

    5. Ordinance No. 99-39
    6. AN ORDINANCE ESTABLISHING THE OFFENSE OF FAILURE TO MAINTAIN CUSTODY.

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

    7. Ordinance No. 99-40
    8. AN ORDINANCE AMENDING THE REGULATIONS CODE TO CHANGE THE TIME FOR PUBLIC NOTICE AND EFFECTIVE DATE OF REGULATIONS.

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

    9. Ordinance No. 99-41
    10. AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF JUNEAU, ALASKA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS OF THE CITY AND BOROUGH IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $750,000 FOR THE PURPOSE OF FINANCING CERTAIN SCHOOL CAPITAL IMPROVEMENTS PURSUANT TO AN ELECTION AUTHORIZING THE SAME; PROVIDING THE DATE, FORM, TERMS AND MATURITIES OF THE BONDS TO BE ISSUED AND FOR UNLIMITED TAX LEVIES TO PAY THE PRINCIPAL THEREOF AND INTEREST THEREON; APPOINTING A REGISTRAR AND PAYING AGENT FOR SUCH BONDS; AUTHORIZING A PRELIMINARY OFFICIAL STATEMENT; AND APPROVING THE SALE OF SUCH BONDS.

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

    11. Ordinance No. 99-42

AN ORDINANCE AMENDING ORDINANCE 96-09 TO REPEAL THE AUTOMOBILE ALLOWANCE PROVIDED TO THE MANAGER AND ATTORNEY.

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

    1. Ordinance No. 99-17 (M)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $2,000,000 TO CONSTRUCT A ONE MILLION GALLON RESERVOIR AND PUMP STATION IN THE LENA POINT AREA. SUCH FUNDS PROVIDED BY A LOAN FROM THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

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

10. Ordinance No. 99-17 (N)

AN ORDINANCE AUTHORIZING THE MANAGER TO TRANSFER THE SUM OF $23,618 FROM THE RIVERBANK REPAIR CAPITAL PROJECT TO THE GENERAL FUND.

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

B. Resolutions

1. Resolution No. 2010

A RESOLUTION AUTHORIZING THE MANAGER TO CONVEY AN EASEMENT ADJACENT TO THE TWIN LAKES RECREATION AREA BIKE PATH AND AN EASEMENT ACROSS LOTS 11, 12, 13, AND 14, BLOCK 68, TIDELANDS ADDITION, BETWEEN WHITTIER STREET AND WILLOUGHBY AVENUE TO WCI CABLE, INC. FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF THE FIBER OPTIC CABLE.

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

C. Transfer Request

1. Transfer Request No. T-678

A TRANSFER REQUEST FOR $293,418, WHICH CLOSES TWELVE CAPITAL IMPROVEMENT PROJECTS AND PROVIDES ONGOING FUNDING FOR EIGHT CAPITAL IMPROVEMENT PROJECTS.

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

A-8 Ordinance No. 99-17 (L)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $25,000 FOR CONSULTANT SERVICES TO QUANTIFY THE FINANCIAL IMPACT OF CRUISE SHIP PASSENGERS ON THE CITY AND BOROUGH OF JUNEAU’S OPERATIONS. SUCH FUNDS PROVIDED BY THE CRUISE SHIP PASSENGER FEES.

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

Public Participation: None at this time.

Mr. Koelsch asked if "quantify the financial impact" would be positive and negative or just negative. Mr. Palmer said they were going to ask the consultant to tell them what the impact was, positive or negative. Mr. Koelsch would have appreciated having this go through the Planning and Policy committee before going to the Assembly so there would be time to discuss it.

Assembly Action:

MOTION - by Koelsch, to refer this ordinance to the Planning and Policy Committee, prior to the next Assembly meeting. There being no objection, it was so ordered.

Mr. Palmer clarified the date of the public hearing would stay the same.

  1. ORDINANCES FOR PUBLIC HEARING
  2. 1. Ordinance No. 99-34

    AN ORDINANCE AMENDING THE LAND USE CODE TO ADOPT A MAP SPECIFYING REMOTE SUBDIVISION AREAS, AND TO ESTABLISH STANDARDS FOR PLAT SUBMITTALS, RIGHTS OF WAY AND COMMUNITY WATER SYSTEMS IN SUCH AREAS.

    Administrative Report: Attached. The Manager recommended the public hearing on this ordinance be continued until the next Assembly meeting on January 3, 2000, so that staff would have time to incorporate recommendations from the Lands Committee.

    Public Participation: None

    Assembly Action:

    MOTION – by Powell, to adopt Ordinance 99-34, and he asked unanimous consent, after discussion.

    Mr. Powell said this was before the Lands Committee and they had asked staff to do some drafting that would actually move the area that is considered to be public right-of-way on the beaches, from the mean high tide water to the extreme high tide water. That was a unanimous decision from the Lands Committee. Staff had not had time to do that yet, therefore they were recommending the public hearing be continued. He agreed with putting this off until the 3rd so staff would have time to take a look at it.

    Mr. MacKinnon said that he did not know what would be added to the ordinance that they did not already have the power to do. He said the Planning Department, looking at a remote subdivision, does have the ability to require easements in various areas of the property as needed and they can use this ordinance as is.

    Mr. Koelsch supported that idea. Passing what the Planning Commission had worked on and then coming back to spend more time and focus on the other part would be helpful to him. This part seemed clean and direct and he knew it has been through a lot of hearing. The phone calls he received were in support of this.

    Mr. Powell said he did not have a problem with the ordinance as it was right now, but he wanted to direct Mr. Corso to continue his research on what the Lands Committee was trying to accomplish.

    Ms. Muñoz asked if the concept of preservation of an individual’s ability to walk across remote pieces of land was preserved in this ordinance or not. Mr. Corso said this ordinance did not affect the Planning Commission’s ability to propose a pedestrian easement. The Planning Commission does not require any ordinance giving it authority to do that because it already has it.

    Ms. Muñoz suggested hearing from the individual representing the Shelter Island Neighborhood Association, as he was present in the audience. There was no objection.

    Greg Chaney, 715 6th Street, and property owner on Shelter Island. He said he was recently elected vice-president of the Shelter Island Neighborhood Association and he also works for the Community Development Department; his testimony would not be representative of departmental policy. The main thing that the president of the Neighborhood Association brought out in his letter was the ability for people to use the transportation network in their subdivision, which is almost entirely limited to the beach itself. At high tide, there is no legal means for people to get from one property to another, in case of emergencies. In the event of fire, medical emergencies or other safety issues, there is no legal means if someone has built out into the high tide line, which they have the right to do. It has been done in the road network in many places in town. The most important aspect of this is that this ordinance would waive the requirement that the city currently requires on all subdivisions to dedicate right-of-way. This ROW is dedicated for very good reasons and the primary one is public safety. With no ROW dedicated, and no requirement for that, and no means to travel between properties, local neighborhoods of remote communities would potentially have a very difficult time responding in an emergency situation. One gentleman was interested in starting a volunteer fire department on Shelter Island because there is no reasonable city response out there. All the discussions were of having mobile equipment which could be hand carried from lot to lot. There is a lot of concern about forest fires starting from house fires or runaway camp fires. Most of these subdivisions would not go the Planning Commission but would be at the director’s discretion.

    Mr. Powell asked Mr. Chaney if the Assembly passed this version tonight, and then work was done on extending the shorefront area to the extreme high tide, would that alleviate his concerns. Mr. Chaney said that as long as they continue to work on it and there was a good faith agreement that it would be incorporated in the future, there would be no problem. He did not want to see it go by the wayside.

    Mr. MacKinnon said the existing situation on Shelter was not just one large subdivision that was done; it was done a number of different times by a number of different parties. The most recent one of any size was a state subdivision land sale and in that one there was a public easement that was granted which was 50 feet horizontal above mean high water, which is a fairly sizable area for public access. He said there would be no retroactive requirement to impose this on the southern portion and in a future subdivision it could have that. The Planning Commission can impose easement requirements on a subdivision of any size. Mr. Chaney said the Commission had the ability, but he did not think the initiative would be there without some direction that it was part of public policy. If this is discussed and then not adopted, there is almost no chance that it would be adopted without further input.

    Ms. Muñoz asked that this be deferred to the next meeting in January so that the Lands Committee had the opportunity to analyze the recommendations from the Association. Mr. Powell said the only thing he was waiting for from staff was to see the written part of the ordinance, changing the easement from mean high tide to extreme high tide. He did not have a problem with this ordinance as it was right now; it made sense. It relaxes some standards and is useful, but he was concerned about having access on the beach. This may not help in all areas of Shelter Island but it may help in other areas of the CBJ.

    Mr. Corso said he would provide the language and an analysis of its necessity.

    Ms. Muñoz thought the language should be considered at the same time this ordinance is adopted since they were very much related.

    Mayor Egan clarified the motion has been to adopt the ordinance, not to defer it. Objection was noted. Mr. Koelsch asked if a motion to defer took precedence over a regular motion. He thought that Ms. Muñoz had made a motion to defer to the next meeting in January since the first meeting had a full agenda. Mayor Egan asked if anyone objected to hearing this at the second meeting in January. Objection was noted.

    ROLL CALL

    Ayes: Muñoz, Perkins, Pillifant, Powell, Etheridge, and Egan

    Nays: MacKinnon and Koelsch

    Motion carries 6:2

  3. UNFINISHED BUSINESS - None
  4. NEW BUSINESS - None
  5. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items

1. Replat of the Greenwood Subdivision

Administrative Report: Attached. The Manager recommended the Assembly authorize the Manager to negotiate the sale of CBJ land necessary for the Greenwood Subdivision replat.

Assembly Action:

MOTION - by Muñoz, to authorize the Manager to negotiate the sale of land outlined in the attached map.

Ms. Muñoz asked if this action would affect the proposal to develop new access to the Blackerby Trail. Mr. Palmer did not believe so, and said that if it does, the City would retain access across the little strip of property.

There being no objection, it was so ordered.

B. Manager’s Report - Information Items

1. Amendment to Commercial Passenger Vehicle Regulations.

Administrative Report: Attached. Without objection from the Assembly, the regulations would go into effect in 30 days.

    1. Number of Assembly meetings for 1999.

Mr. Palmer reported that out of 260 work days in a year, the Assembly had met for 141 meetings. He suggested that at the next Assembly retreat, they discuss knocking one or two meetings off the list.

C. Attorney’s Report – None

  1. MAYOR AND COMMITTEE REPORTS ON NON-AGENDA ITEMS

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

    1. Standing Committees:

    1. Committee of the Whole – Mr. MacKinnon said the next meeting was scheduled for the 5th of January, in the chambers at 5:00, to discuss tourism revenue. He noted that at the last regular meeting, Mayor Egan had been nominated the presiding officer on an appeal. Mayor Egan said he had already spoke with the Attorney about that.
    2. Finance Committee – Mr. Perkins had nothing to report.
    3. Human Resources Committee – Ms. Muñoz had the following appointments to be confirmed:
    4. MOTION – by Muñoz, to confirm appointment of Chris Burns (1 year), Harold Cleek (3 years), Thomas Gemmell (3 years), Nicholas Meacher (3 years), Charlotte Mielke (3 years), Mark Miles (2 years), Shelly Owens (2 years), Scott Petsel (2 years), and Randy Waters (1 year), to the Capital City Emergency Planning Committee. There being no objection, it was so ordered. Ms. Muñoz said this was a 10-member committee and there was the need for an Assembly member to fill the 10th seat. She asked the Mayor to make that appointment. Mayor Egan appointed Mr. Koelsch.

      MOTION – by Muñoz, to confirm the appointment of Amber Ceffalio to the Historic Resources Advisory Committee. There being no objection, it was so ordered.

      MOTION – by Muñoz, to confirm the appointment of Ronald Ross to the Personnel Board. There being no objection, it was so ordered.

      Ms. Muñoz reported that the Alaska Hotel had come into compliance on the minor construction issues that had been outstanding. She also reported that the Committee received an ADA Committee report and it would be copied to all the Assemblymembers.

    5. Lands and Resources Committee – Mr. Powell announced that this Wednesday’s meeting would be cancelled. He reminded everyone to get the issues that they would like to work on this year ready for the first meeting in January.
    6. Public Works and Facilities Committee – Mr. Koelsch said the next meeting would be January 5th. The private utilities relocation would be heard on January 19th. He asked if any CBJ CIP’s would be let between now and January 19th. Mr. Palmer was not aware of any.
    7. Policy and Planning – Ms. Pillifant reported that they met on December 14th, in a combined meeting with the TAC. She felt it was a good discussion, the start of a broader dialog that would be taking place in the community.

    1. Board Liaison Reports

Mayor Egan said the Alaska Committee recently signed fund raising letters that would be sent to individuals and businesses.

Mr. Koelsch reported that the School Board met on the 14th and came up with a proposal for a joint project management team for building the new school and remodeling the existing school. The idea was to have three school board members, three assemblymembers, the superintendent of schools, the CBJ manager, the high school principal, the deputy manager, the school district facility manager, and the CBJ architect. The team would meet on January 20th. With regards to the Riverbend roof, an attorney had been hired to bring legal action against the architect. They were also hiring an expert who would be conducting testing to try to find the leaks in the roof. Mr. Palmer added that they were currently having good discussions with the architect involved so he was not sure what legal action, if any, would be taken.

Mr. Koelsch continued and said with regard to the Riverbend fence and playground, the Riverbend Site Council was supposed to put their ideas into writing in an agreement and an appropriation would be coming before the Assembly soon. With regard to the Marine Highway building, things were looking more and more promising. Mr. Palmer said that DOT had decided to add on to the building they have at 7 Mile, and they expect to move in by October of next year. Staff was trading proposals with DOT right now agreeing to hand the building over once they were ready to vacate. Mr. Koelsch asked if there was anything to preclude the district from perhaps moving some modulars onto that site, to help with the overcrowding, if that was the direction taken. Mr. Palmer said that once the agreement was worked out, they would discuss what interim uses they may be able to arrange.

Mr. Koelsch reported that the Transportation Steering committee met and reviewed the remaining schedule. They hoped to be ready with a finished product by June of 2000.

Ms. Miller reminded everyone about the Community Legislative Reception on Tuesday, January 11th from 5:30 – 7:00 p.m.

Mayor Egan reported that the Congressional Appropriation staff was here from the House and Senate and he thanked Assemblymembers who attended. Even though the luncheon had to be cancelled, he thanked everyone for their participation and said it went very well. They were very impressed with the needs of the community both at Capital Transit and at the Airport.

  1. ASSEMBLY COMMENTS AND QUESTIONS
  2. Mr. Etheridge thanked Ms. Miller for all of her efforts in leading the new members down the path and keeping everyone straight.

    Mr. Koelsch asked for an update on the New Year’s Day fireworks celebration along Egan Drive. Mr. Palmer clarified that Mr. Koelsch had asked if parking would be allowed on Egan Drive while the fireworks were being set off at 4:30 on the 31st. Mr. Palmer and the Police Chief’s preference would be to not allow parking along Egan Drive as it is a high speed thoroughfare and to have people getting out of their cars while drivers were trying to watch and drive would not be safe. DOT has a permitting process which they said takes 30 days, but they promised him they would run it right through if the City wants to apply for a permit. His opinion would be that if the parking was allowed, signs should be put up and one lane should be blocked so there would only be one lane of traffic going through. Mr. Koelsch suggested reducing traffic to 20 MPH from McNugget Intersection to Sunny Point for a one-half to one hour time period. That would provide more parking and he thought most people would stay in their cars because of the cold. No one was represented at that meeting from the Police Dept. He said Mr. Palmer would be receiving a request from the committee. Finally, he thanked Ms. Miller for her dedication and professionalism in keeping everyone on track.

    Mr. Perkins commented on Ms. Miller’s 17 years with the City and said he appreciated her fine dedication and all her hard work. He wished her the best of luck on her future endeavors and said her new employers were gaining a lot and the City was losing a lot.

    Ms. Muñoz said the Trails working group would meet on the 21st at noon in the large conference room of the downtown library. They would be working on criteria to make recommendations for commercial and non-commercial land use designations for the trail system. They were also going to plan a public meeting, gathering input from people in the community on their ideas for which trails would make good commercial and non-commercial trails. That meeting was proposed for the latter part of January and she would report any further information as it became available. She thanked Ms. Miller for everything she had done and said she was fantastic to work with. She wished her the very best of luck in the future.

    Ms. Pillifant said that Ms. Miller’s ability to produce smooth elections was a real testimony to her professionalism. Everything runs well and she said it was obviously not just a profession but a passion which came from her heart.

    Mr. Powell said he received a few calls on the Douglas proposed Mental Health land swap. He asked Mr. Palmer to include the Douglas Service Advisory Board for their opinion regarding that issue. Next, he said he had been stopped by a musician earlier who asked what had been done on the sales tax issue with regard to taxing artists and musicians. Mr. Powell thought that issue was never really clarified but the consensus had been to not tax folks that do music part-time, below a certain level. He said that if the Assembly did not have any objection, he would like to direct staff to come up with a proposal that would disallow that from happening. Mr. MacKinnon thought it had been decided that it would be more difficult to charge and enforce sales tax; it was not worth pursuing because most of their work was done almost on a gratuity basis. Mr. Perkins said it was currently in Finance and he suggested it be disposed of rapidly once the Finance Committee meets. Mr. Powell went on to say that he met with the 4th of July group in trying to move forward the ice rink idea. He is on the Arctic Winter Games Board for Team Alaska and in 2006, Alaska has an opportunity to host the Arctic Winter Games. He said in order for Juneau to get the games, they would have to have a rink. He was pursuing new ideas from Anchorage with regard to private-public partnerships. He then thanked Ms. Miller for doing her job and said he really appreciated her attention to detail. He said it was a remarkable job she had done just getting everyone to the meetings and keeping everyone on course. He wished her good luck in her future endeavors.

    Mr. MacKinnon told Ms. Miller that he would miss her and that she would be very difficult to replace. He said it was a hard job to be the Clerk and she had done a great job.

    Mayor Egan said ditto to all the previous comments regarding Ms. Miller and said he would miss her and that he appreciated her dedication to the city. Mayor Egan then thanked Mr. Duncan for getting information to the Assembly on Alaska taxables. The information was great, but even better information was available on what other communities do with regard to vehicles, boats and planes, which could be added to Mr. Duncan’s list. He said a request was received in October from the Southeast Conference for participation in the Southeast Inter-tie. Juneau participated in this before and would not benefit in phase one, but would realize a tremendous benefit in phase two. The Inter-tie is to tie a grid system of all Southeast communities. They were currently working on phase one and have approved $65,000 to continue those efforts in Congress. They were requesting that Juneau contribute $20,000. Other communities that have contributed include Ketchikan, Wrangell, Sitka, and Petersburg. Mr. Perkins asked Mr. Palmer if the $100,000 was ever returned. Mayor Egan said it was never given out. This money would be spent and was tied to the next round. Mr. Perkins clarified it would come out of Better Capital funds. Ms. Pillifant said she was not present for previous discussions and wondered what the $20,000 would do. Mayor Egan gave her the packet of information to read.

    Assembly Action

    MOTION – by MacKinnon to approve $20,000, contingent upon other communities putting in their share. There being no objection, it was so ordered.

    Mayor Egan said that last year the Assembly appropriated $50,000 for constituent airfare and only spent $27,000. This year the request was for up to $27,000.

    MOTION – by Powell, to appropriate to the Alaska Committee up to $27,000 from the Better Capital Fund for the constituent airfare program, and he asked for unanimous consent. There being no objection, it was so ordered.

  3. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None
  4. ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 8:04 p.m.

 

Countersigned: ________________________________

Marian Miller, City Clerk

 

Signed: ________________________________

Mayor Egan