THE CITY AND BOROUGH OF JUNEAU, ALASKA

February 7, 2000

MEETING NO. 2000-03: 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.

 

FLAG SALUTE was led by Mayor Egan.

ROLL CALL

Assembly Present: MacKinnon, Perkins, Powell, Egan, and Pillifant

Assembly Absent: Garrett, Muņoz, Etheridge, and Koelsch

A quorum was present.

Staff Present: Laurie Sica, Municipal Clerk; Donna Pierce, Deputy City Manager; John Corso, City Attorney; Joe Graham, Port Director; Al Heese, acting Airport Manager

APPROVAL OF MINUTES

01/03/00 - Regular Meeting No. 00-01

MOTION - by Powell, to approve the minutes of Regular Meeting No. 00-01, held January 3, 2000, and he asked unanimous consent. There being no objection, it was so ordered.

SPECIAL ORDER OF BUSINESS – Mayor Egan introduced Laurie Sica, the new City Clerk. He welcomed her, but said they would miss her in the Junk Buster position.

MANAGER’S REQUEST FOR AGENDA CHANGES – Ms. Pierce recommended that the Assembly defeat Ordinance 2000-03, and in lieu of that, introduce the Ordinance in the red folder, 2000-06, as a consent agenda item. The staff had not changed their intent and the effect would be about the same, however, they discovered they had inadvertently picked up some things they had not intended to tax and it also made for a very convoluted code. There being no objection, it was so ordered.

PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

Joe Sonneman, 325 Willoughby. He presented a photo that he took last summer of tourism and its effects on downtown. The photo was taken on September 14th, which he thought was the busiest day. He referred to his earlier testimony of closing the port one day a week and said that could be combined with an annual rate of 500,000 cruise ship tourists per year with a daily limit of 5,000. He went on to suggest that the port should be closed on Saturday because that seemed to be the preferred day and it was the day that the industry itself chose not to operate in 1995. He has been recommending to people to come to Juneau, but has been asking that they come any day but Saturday.

Joe Geldhof, resident of West Juneau. He referred to the cover of the Empire and the picture of three of the members of the Juneau Hockey team that played in a tournament in Haines Junction. He said the players represented our community well, including a pronounced come from behind victory over a very strong Yukon team from Whitehorse. Over the 13 years that they have been traveling to this tournament, they have developed community development ties and this year, for the first time, there was a team down from the Northwest Territories. He referred the skating that had been taking place at Twin Lakes and at Melvin Park and said at one point there were over 400 people skating on Twin Lakes. He spoke in support of the members of the 4th of July Committee and the fact that they had over $300,000 in hand toward and ice skating rink. He commended the Assembly for making the property available over in Douglas and the folks at the architectural firm who have, basically at no cost, come up with a realistic doable plan. It will allow the city to host a large number of events in Juneau, it will be good for merchants, and he hoped to someday be able to host the Arctic Winter Games. Mayor Egan thanked Mr. Geldhof for his efforts.

CONSENT AGENDA

Ms. Pillifant requested the removal of Resolution 2019, item B2, for the purpose of deferring it to a future date, possibly March 20th, in the hopes that all members would be present. Ms. Pierce said that if they wished to support Resolution 2018, it would have to be pulled since there was no recommendation. Mr. Pillifant made that request to remove Resolution 2018, item B1, from the consent agenda.

A. Ordinances for Introduction

1. Ordinance No. 2000-05

AN ORDINANCE AMENDING THE BUSINESS CODE TO EXTEND LIQUOR LICENSEE HOURS OF SALE FOR DAYS ON WHICH CLOCKS ARE ADJUSTED FROM STANDARD TO DAYLIGHT SAVING TIME.

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

2. Ordinance No. 99-17(Q)

AN ORDINANCE APPROPRIATING OT THE MANAGER THE SUM OF $323,900 AS ADDITIONAL FUNDING FOR THE NEW POLICE STATION. SUCH FUNDS PROVIDED BY INTEREST INCOME.

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

3. Ordinance No. 2000-06

AN ORDINANCE AMENDING THE SALES TAX CODE TO REPEAL THE EXEMPTION FOR SALES, SERVICES AND RENTALS TO OR BY THE FEDERAL AND STATE GOVERNMENTS AND TO IMPOSE THE TAX OF CERTAIN SALES, SERVICES, AND RENTALS BY THE CITY AND BOROUGH OF JUNEAU.

Administrative Report: Attached as a red folder item. This ordinance was a replacement for Ordinance No. 2000-03. The Manager recommended that this ordinance be introduced and set for action at the regular meeting of March 6.

B. Resolutions

Resolution No. 2020

A RESOLUTION REPEALING RESOLUTION 1862 AND REESTABLISHING THE TOURISM ADVISORY COMMITTEE.

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

C. Liquor License Renewals

Duck Creek Market

Fred Meyer

The Valley Restaurant

Administrative Report: Attached. The Manager recommended the Assembly waive its right to protest renewal of liquor licenses for Duck Creek Market, Fred Meyer, and the Valley Restaurant.

D. Bid Awards

Bid Award No. E00-259 Statter Harbor Parking and Pedestrian Improvements.

Administrative Report: Attached. The Manager recommended award of this project to Arete Construction Corporation in the amount bid for the Base Bid and Additive Alternate, for a total award of $329,286.00.

B-1 Resolution No. 2018

A RESOLUTION IN SUPPORT OF PRIVATE NONPROFIT HATCHERIES.

Administrative Report: Attached. As this was a policy decision for the Assembly, the Manager had no recommendation.

Public Participation: None

Assembly Action:

MOTION - by MacKinnon, to adopt Resolution 2018, and he asked for unanimous consent. There being no objection, it was so ordered.

B-2 Resolution No. 2019

A RESOLUTION SUPPORTING THE ACCELERATED TRANSPORTATION PLAN PROPOSED BY THE KNOWLES ADMINISTRATION.

Administrative Report: Attached. As this was a policy decision for the Assembly, the Manager had no recommendation.

Assembly Action:

Mr. Corso said that Ms. Pillifant’s motion to postpone was a subsidiary motion that needed to be appended to some main motion.

MOTION – by Pillifant, to adopt the resolution.

Ms. Pillifant felt it was very exciting that they were getting to the core of dealing with access into Juneau. This was the soonest that anything could happen and she felt it was very necessary to seek the support of the Assembly and send it forward to the legislature so they would know the Assembly is serious about improving access into Juneau. She clarified she would like to defer this until the meeting of March 20th, when she thought all members of the Assembly would be present. Mayor Egan noted that seven people had signed up to testify and he clarified that she would want them to just come back on the 20th .

Mr. Perkins suggested tabling this instead of making it time certain. Mr. Corso explained the difference between tabling or postponing action.

FRIENDLY AMENDMENT - by Powell, to postpone action until an indefinite time on which there would be full Assembly attendance.

Mr. Corso said that staff could take that as instruction to have the resolution included in the packet at some time when it looks like the entire Assembly will be present, but then it would be up to the body to move it.

Ms. Pillifant agreed to accept the friendly amendment.

Mr. MacKinnon thought it would be difficult to postpone this until March 20th or until a full Assembly was present because he did not think that would allow for adequate advertising.

Ms. Pillifant offered to call each of the seven people who signed up to testify and let them know when this item would be heard again.

FRIENDLY AMENDMENT - by Powell, to postpone action until March 20, 2000 or until there is full Assembly attendance.

Mayor Egan clarified that the seven people who signed up to testify could testify tonight under non-agenda items because this would no longer be an agenda item.

Mr. Powell thought it would be a matter of courtesy to let the seven people testify now incase they could not be around on the 20th. He clarified with Mr. Corso that if something was pulled off the agenda, it is no longer on the agenda and people are able to testify, even if, at the beginning of the meeting, it was on the agenda. Mr. Corso said this had not been pulled; there had been a motion to adopt. If this were taken off the agenda entirely, and never acted upon by the body, then public could speak. This has made it to the agenda for the purpose of being postponed so public testimony is not so clearly in order.

Mr. MacKinnon was inclined to hear the testimony.

Assembly Action

Mayor Egan asked if there was any objection to postponing this until the 20th. Objection was noted, motion failed.

The motion before the body was to adopt the resolution.

Public Participation:

Jamie Parsons, 9218 Emily Way, testified that transportation was the economic lifeline of any community. Juneau is unique in that both air and surface transportation systems are vital to its existence. It would be difficult to be in a position of being limited to one or the other. We have been very fortunate to have excellent air service provided by Alaska Airlines. No other community with our population has the number of daily flights we do. Alaska Airlines has also made air travel safer through GPS. This resolution is an effort to improve surface access to and from the capital city. At question is whether the best method for improving surface access from Haines and Skagway to Juneau and vice-versa is with one based on technical merit derived from the DOT/PF public process driven, draft Environmental Impact Statement (EIS) or one merely based on perceived political expediency with no public discussion. DOT, after more than five years of extensive effort, developed a technically based and supported draft EI document that has been awaiting a decision by Governor Knowles’ office to complete for nearly three years. Prior to 1998, DOT officials conducted one formal open house type public meeting each in Skagway, Haines and Juneau. For some strange reason, the department never made follow up meetings to discuss the results of its public involvement process to date and how it proposed to address issues raised. There has been no subsequent interaction with the Juneau Assembly, the Planning Commission or the Juneau public. He asked why not. Juneau access is a Juneau project and he asked why the CBJ had not been proactive with this Juneau access project. Even though this was a State DOT project, Juneau should be involved in this project and he noted a number of projects in surrounding communities and the extent of the public involvement in those projects. He viewed Juneau access as a once in a lifetime opportunity for improved surface access for Juneau. It is arrogant that some occupants of the third floor of the Capital Building think they know what is best for this community. They have totally ignored resolutions from the CBJ Assembly, the Alaska Committee and the Juneau Chamber of Commerce that supported the road option. They have totally ignored the public process previously being followed in the EIS process. This is a politically decreed back room solution to Juneau’s access problem that has had no public discussion. We should be asking hard questions of Governor Knowles to find out how his fast ferry idea will be a good solution for Juneau’s surface transportation needs. He asked how the fast ferry would increase capacity sufficient to meet demands for travel; how would a fast ferry increase the public’s flexibility and opportunity to travel; how would the Governor’s fast ferry alternative lower the cost of operating and maintaining surface transportation in the lower Lynn Canal corridor; and how would the Governor’s fast ferry alternative materially reduce the time it takes to travel in the corridor? Other considerations the Assembly and citizens of Juneau should be concerned about include: where is the assurance from the legislature that it will be prepared to provide operating and maintenance funds for any additional ferry service in Lynn Canal; how would the fast ferry handle the sea conditions in Lynn Canal on a year round basis; how does spending $35M or more on a smaller fast ferry, that only carries 30 vehicles, help meet traffic demand and improved access with Juneau; what happens if the proposed bond package fails at the ballot box? Ferries are built 100% by out-of-state labor, roads are built by Alaskan labor. Juneau has never been in a better position to get federal funds for a long term and meaningful solution to its transportation needs. He suggested the Assembly demand a formal technical presentation by the DOT on its finding to date on the Juneau access project. After the Assembly evaluates and considers complete technical information, it then needs to conduct its typical formal public discussion decision making process and make an informed decision that is in the best, long term interest of the capital city. He urged a no vote on Resolution 2019.

Rick Urion, 118 5th Street, Douglas. He testified in opposition of Resolution 2019. He supports increasing access to the capital city and making that access more convenient and less costly, but the plan before the Assembly was a giant step backwards. Those who were pro-road may be better off to support the Governor’s plan, because in addition to building fast ferries, he also says he is going to forward the EIS to the Federal Dept. of Highways with a road as the preferred alternative. Mr. Urion could not support burdening the state with a ferry system that was too expensive to operate and would not provide the necessary service. Those who work for the Marine Highway system and support this plan, think it means more jobs for them but they have been seriously misled. The ferry called for in this plan, travels at 32 knots, on a good day, carries 30 vehicles, has a crew of ten and burns 600 gallons of fuel per hour. This plan calls for saving money by eliminating jobs and using those savings to pay for extra fuel. The ferry will cost more to operate and would carry fewer vehicles and passengers in any day of operation. In addition, it requires a major capital cost to modify all the docks because it does not match up to existing facilities. He thought they would be better off with a new slow ferry. The current plan did not come from the public process. The state has spent $5.3M and seven years to study various alternatives with ferries and other transportation in the southeast corridor. The ferries and the plan before the Assembly were never considered as part of the Juneau access plan. He had the vessel characteristics that were included in that plan and said one ferry was capable of carrying 105 vehicles, one carried 58 vehicles, and one carried 48 vehicles. He thought it would be irresponsible for the Assembly not to understand and deal honestly with what is happening in the legislative arena; revenue is down, budgets are being cut. Neither this legislature or any subsequent legislature is going to just keep adding ferries to the system. As new ships are built, old ones will go. If this ship is built, the one we will lose is one that carries more passengers and hires more Alaskans. Mr. Parson’s was the first person to ever testify, at any level of government, on the plan before this body.

Cliff Lobaugh, spoke in support of the initiative although he agreed there had been no public testimony. He read excerpts from a document he had and said "After extensive public hearings regarding transportation in southeast Alaska, Governor William Egan settled on the Alaska Marine Transportation system." With the establishment of the mainline transportation system in the ‘60s many thought this put to rest DOT’s inefficient road shuttle hodge podge mixed up system which was rejected by the public. The general public wanted to travel from community to community, and every community stated this, and not be left off at William Henry Bay, which was one proposal, and now Cascade Point, which is another proposal. He noted that the price to Cascade Point would be $25 for a foot passenger. He lauded Governor Knowles for supporting the Marine Transportation System of Southeastern Alaska in a statewide initiative. One of the ferries would be a high-speed ferry, which had been asked for many of times. When DOT had their first hearing, they had no body at the hearing to represent the Marine Transportation portion. They had all three highway systems pushing, at that time, up Taku. He went on to note the avalanche seasons and dangers in various areas. He thought it was important that the community of Juneau support Haines and Skagway. Both communities support the fast ferry system and oppose the road because they know the road will be closed due to avalanches.

Mark Rorick, Mendenhall Peninsula Road; current chair of the Juneau Sierra Club. He supported Governor Knowles decision to seek funding for fast ferry service between Auke Bay and the northern Lynn Canal. He was accurate in his assessment of the time it would take to build a road to Skagway and the likelihood that an attempt to go ahead with the road would raise numerous legal challenges. No one has seen the final EIS at this point but if the DEIS is any indication, it may be a seriously flawed document. As for the argument that there was no public process on the Governor’s decision, they have had nothing but for three years now. As the Governor noted, the community is seriously divided on the desirability of road access to Juneau. DOT's decision not to move the ferry terminal to Cascade Point is also a good one. They said having a ferry at Cascade Point would only save about 30 minutes of travel time and would not lower the cost for travelers. Another reason against Cascade Point is that Juneau residents would have the added inconvenience of having to drive 30 miles further to get to the ferry and those arriving would be 45 miles from downtown Juneau and its businesses. Auke Bay is much more convenient to the valley and downtown, and has a recently upgraded terminal in a sheltered harbor, unlike Cascade Point. The only reason they have been talking about moving the terminal to Cascade Point is that Goldbelt Corporation could make money off it. He was happy that, for the Governor and DOT, that was not enough of a reason to make a decision that in all other regards was not in the best interest of the State or Juneau. He felt the Governor’s proposal was a huge step forward in providing more convenient, frequent and faster transportation between Haines, Skagway and Juneau.

Richard Hellard, 19914 Kohen Drive. Spoke in support of the resolution. He thought this would give a little relief by putting some money in the Marine Highway System and it could be accomplished with the support of Haines and Skagway and most of the community. With regard to the seven years of study and the $5.3M spent, there could easily be another seven years of study and another $5M and we would still come to the same decision. He urged support of the resolution and support of the Governor in his efforts with this bond issue.

Mark Wheeler, Aurora Basin, float A16. Representing the Southeast Alaska Conservation Council, a coalition of 17 volunteer conservation groups in 13 communities across Southeast Alaska. They represent over 1,000 Alaskans, many who live in Juneau. With regard to the fast ferries and the lack of a process, he said fast ferries were part of the Southeast Alaska Transportation Plan the last time it was put forward in the 1980’s. At that time, DOT recommended that a fast ferry be built and serviced in Lynn Canal. That was never done so this is not a new idea. Fast ferries were also an integral part of the revised Southeast Alaska Transportation Plan, which the Assembly supported, as well as many other southeast Alaska communities. This is not just about Juneau; one of the ferries would be used between Ketchikan and Wrangell and another fast ferry, outside the bond package, would be used from Juneau to Sitka. This is a real opportunity to work with neighbors in southeast Alaska in improving transportation. He urged the Assembly to support the resolution and to take the time for a DOT presentation about the fast ferries. He felt it was important to realize that this would not only mean a fast ferry in Lynn Canal, but also the operation of the Malaspina as a day boat as well as the mainline ferries.

Rosa Miller, 3444 Nowell Avenue. She spoke in support of the resolution and said she, as an Auke Kwon, was against any development at Berner’s Bay. She said there were several villages there and where there are villages, there are burial sites. Some of the villages were 500 years old and she considers them an archaeological and historical site. When they were going to build a road back in the ‘70s, they uprooted burial sites with graders and at that time, Governor Egan had an injunction and the archeologists went to the burial sites with her mother and sister to rebury their ancestors. At that time, they signed a petition as friends of Berner’s Bay and that was why she supported Governor Knowles’ resolution.

Leimumi Mutunding, Douglas Harbor. She spoke in support of Governor Knowles fast ferry. She said that in the Tlingit culture, Ms. Miller is the Raven and she is on the Eagle side. She represents her grandmother who is the matriarch of the Bushkiton Tribe of Auke of Juneau. She believes in the preservation and the natural beauty of southeast Alaska and she did not believe in any future development that would destroy the natural order of southeast Alaska . For tourism, looking at the scenery from the water is beautiful. When looking at the history of how Alaska was made, it was not done by road, it was done by boats.

Assembly Action

MOTION – by Powell, to give notice of reconsideration.

Mr. Corso said reconsideration would happen at the next meeting and could not happen at this meeting. Mayor Egan said if no one objected to the notice of reconsideration, it would come up at the next meeting. Mr. Corso said that the main motion was still on the floor and there was not a request for unanimous consent.

AMENDMENT – by MacKinnon, to delete the existing section one and add a new section one which would say "The CBJ Assembly is on record in support of road access to Juneau. As an interim measure until a road is constructed, it accepts the proposed fast ferry option."

Ms. Pillifant asked if he would consider "accelerated transportation initiative" instead of fast ferry option. Mr. MacKinnon agreed and restated the new section one "The CBJ Assembly is on record in support of a road access to Juneau. As an interim measure, until a road is constructed, the Assembly supports the accelerated transportation initiative."

Objection was noted by Mr. Powell.

Mr. Perkins spoke in support of Mr. MacKinnon’s amendment and said the Assembly was on record in support of the road option; Mr. MacKinnon was not suggesting anything new or different from that. Governor Knowles, when he brought this plan forward, also stated that he was sending the road access as the alternative.

Ms. Pillifant thought it seemed redundant to include the amendment because the resolution did not say we support the road or we support the ferries, only that we support this proposal to increase transportation opportunity within the southeast and northern southeast region.

ROLL CALL (on the amendment to section one)

Ayes: Perkins, MacKinnon, and Egan

Nays: Pillifant, and Powell

motion fails 3:2

Objection was noted on the main motion.

ROLL CALL (on the main motion)

Ayes: Pillifant, and Powell

Nays: MacKinnon, Perkins, and Egan

Mr. Powell’s notice of reconsideration would require six votes at the next meeting.

Assembly Action

MOTION - by Perkins, to adopt the Consent Agenda as amended with the removal of B1, Resolution 2018 and B2, Resolution 2019, and he asked unanimous consent. There being no objection, it was so ordered.

ORDINANCES FOR PUBLIC HEARING

1. Ordinance No. 2000-03

AN ORDINANCE AMENDING THE SALES TAX CODE TO REPEAL THE EXEMPTION FOR SALES OR RENTALS TO OR BY THE FEDERAL AND STATE GOVERNMENTS AND SALES OR RENTALS BY THE CITY AND BOROUGH OF JUNEAU.

Administrative Report: Attached. The Manager recommended a no vote on this ordinance because it had been replaced in the consent agenda with Ordinance No. 2000-06.

Public Participation: None

Assembly Action:

MOTION - by MacKinnon ,recommending a no vote and asked for a roll call vote.

ROLL CALL

Ayes: MacKinnon

Nays: Pillifant, Powell, Perkins, and Egan

Ordinance fails

2. Ordinance No. 2000-04

AN ORDINANCE AMENDING THE ANIMAL CONTROL FINE SCHEDULE TO INCREASE THE FINES FOR THE OFFENSE OF "OBJECTIONABLE ANIMAL".

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

Public Participation:

Paul Arnoldt, 4396 Cloverdale Street. He spoke in favor of the increases as it related to the current problem with barking dogs, but said not every dog that is barking is a nuisance, just those that habitually bark. Having gone through this process with a neighbor who had a dog that would bark continuously, the issue he had was not with the fine, but the process to get the fine imposed. He explained that the police department does not handle dog complaints, that has been turned over to the Humane Society. When you contact them, their response is to bring out a petition or report that you fill out keeping track of the times and duration that the dog barks for the next 30 days. Then they will go to the owner and cite the owner. If the owner challenges, then you must go to court and prove your case using the record you keep for the 30 days to prove your point. They encourage you to record the dog or get a video recording of the dog. So, you have to tolerate the dog for 30 days, so that you can finally confront the owner, and the first offense in the past was a $25 fine. Once that is completed the process starts over again. It seemed to him that if you call in to the law enforcement agent and say you have a problem with a barking dog, they should be able to come out and go to the owner and warn them of the complaint. If subsequently, the problem is not taken care of, then the next time there is a complaint, the person should be cited. If the person wishes to challenge you then it is incumbent upon the person making the complaint to prove their point in court. To be made to wait 30 days does not make a lot of sense and it is putting one neighbor against another. Another issue is that the Humane Society is only actually open in the afternoon, 27 hours for the entire week, which works out to less than four hours a day. Most of the problem times are at night or in the early morning. Another issue that is not addressed at all is cruelty to dogs. He referred to one dog that he watched the neighbor buy as a puppy. It is now a two year old golden lab and it is on a 8-9 foot chain that is tied to the tree where it stays 24 hours a day. The only time that it is not there is when they take it into the garage because it is too cold outside. The dog started as a young puppy barking, and then it started to howl, and then it wined and now it just moans.

Mr. Powell asked his opinion about cats and leashes for cats. Mr. Arnoldt shared his personal experience with a problem he had with a cat and his boat and also with his garden. He said it was hard to follow where a cat goes and he was not against cats or dogs, just irresponsible owners. To be fair, there are people who have had a lot of damage to their property due to cats. Mr. Powell clarified Mr. Arnoldt would support working on a future ordinance that would address cats. Mr. Arnoldt said he never saw a cat on a leash, but something needed to be done.

Mr. MacKinnon asked Mr. Corso if there was anything that could be done about the long process involved to get some remedy with a barking dog. Mr. Corso said there was no legal minimum, it just had to amount to a provable case. He said he spoke with staff at the Gastineau Humane Society and he thought part of the problem was an unnecessarily imposing legal document that requires people to prove out a bunch of facts. In fact, all we need is reliable testimony from some witness, preferably a professional; video would be nice. Mr. Arnoldt said he spoke with the officer yesterday who said there was a breaking point between 7 a.m. and 10 p.m. when if he observes a dog barking continuously for two hours during that period, he will cite the dog. If he observes the dog barking 10 minutes after 10 p.m. or before 7 a.m., he will cite the dog. Mr. Arnoldt thought to wait two hours during the day seemed extreme.

Mr. Perkins asked Ms. Pierce to verify that the GHS was operating more than 27 hours since their FY2000 proposed budget was $422,000. Ms. Pierce said the city contracts with GHS to be the enforcement arm for JPD on the animal control ordinance.

Assembly Action:

MOTION - by MacKinnon, for the purposes of discussion.

Mayor Egan clarified Mr. Corso was working with GHS on making those ownerous regulations not so ownerous. Mr. Corso added that it would be a simple matter to add cats to the Animal at Large, but it would be a fiscal matter. Mayor Egan suggested checking with Wrangell to see what they adopted and how it was working.

There being no objection to Ordinance 2000-04, it was so ordered.

3. Ordinance No. 99-17 (O)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $950,000 FOR REPAIRS AND UPGRADES TO THE STEAMSHIP WHARF. SUCH FUNDS PROVIDED BY THE PORT FUND UNRESERVED FUND BALANCE.

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

Public Participation: None

Assembly Action:

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

4. Ordinance No. 99-17 (P)

AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $3,000 FOR AN OPERATING GRANT TO FRIENDS OF RECYCLING. SUCH FUNDS PROVIDED BY THE WASTE MANAGEMENT FUND RETAINED EARNINGS.

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

Public Participation: None

Assembly Action:

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

UNFINISHED BUSINESS - None

NEW BUSINESS - None

ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS

A. Manager’s Report - Action Items - None

B. Manager’s Report - Information Items

The revised pending list now includes the list of pending appeals as requested by Assembly member Garrett at the last meeting. They would be included in all future packets.

C. Attorney’s Report

Mr. Corso said he had been instructed to report back about securing interest in pull tab sales tax revenue. He was looking into it and said the city’s ability to secure the money now is null because the claim of the pull tab operators is that they don’t owe the city any money. Staff will move the court for the money to be paid into the registry of the court and there to remain until the matter is resolved. They may do an injunction versus any other kind of motion and he would report back at the next meeting.

MAYOR AND COMMITTEE REPORTS ON NON-AGENDA ITEMS

Revised Pending Items

Hurlock et al. v. Planning Commission – Presiding Officer was DennisEgan to be reassigned to Cathy Munoz at 2/7 Assembly meeting; pre-hearing conference tentatively scheduled pending this appointment; Ms. Munoz has agreed to serve.

Assembly Action:

MOTION - by MacKinnon, that Ms. Munoz be appointed as hearing officer. There being no objection, it was so ordered.

Unappropriated General Fund Unreserved Fund Balance - Assembly Contingency Fund Balance

Committee Reports

Standing Committees:

Committee of the Whole – Mr. MacKinnon said there was no COW scheduled. He would be discussing with Mr. Powell the best place to put a request of Mr. Weyhrauch who is part of a group looking at trying to clean up Twin Lakes and take care of the water quality problems there. They would be working with Parks and Rec. and Lands to see what could be done to improve it, hopefully at no cost to the city.

Finance Committee – Mr. Perkins said they did not have a meeting scheduled yet. Ms. Pierce had reported to him that by the end of next week she should be done with the review of all department’s financial requests for the next bi-annual budget. She plans to be into the enterprise funds in early March and he should begin meeting with her at that time. The Mayor’s Fiscal Task Force should be coming forward soon with their recommendations and he hoped to incorporate some of those ideas into the budget.

Human Resources Committee – No report

Lands and Resources Committee – Mr. Powell reported from the last meeting, that a lease should be coming forth for consideration from Habitat for Humanities for an additional two feet on the sides of the lots they were given earlier. He then reported that the committee voted unanimously to charge the airport for gravel at $1.65, the same as other city departments charge; the cost of doing business. Lands will be meeting the first two Wednesdays of the month, not every Wednesday of the month. The next meeting was scheduled for Wednesday the 9th.

Public Works and Facilities Committee – Ms. Pillifant reported that PW&F did not meet last week but they would be having a joint meeting with the Policy and Planning Committee on the 18th, along with the Harbor Board, to get a look at the upcoming Waterfront Strategic Plan.

Planning and Policy Committee – Ms. Pillifant noted that they would not be meeting this week, the next meeting was scheduled for next Monday, the 14th, at noon.

Board Liaison Reports:

Mr. MacKinnon reported that the joint committee with the School District on the High School met last week and they defined the parameters for the RFP going out for some of the planning and design services for the High School, as well as penciled out the terms on a Memorandum of Agreement between the CBJ and the School District on how the overall project will be run. He thought they would have a clean copy of that at next Monday’s meeting.

Mayor Egan said the Alaska Committee would be meeting on Wednesday at 7:00 a.m. at the JEDC conference room.

ASSEMBLY COMMENTS AND QUESTIONS

Mr. Perkins referred to the list of 21 projects, which had been sent back to Mr. Roots in D.C. for him to look at ways to get funding. He referred to mail that was received this week, and he wondered if some of them could be submitted to Senator Stevens on meeting the criteria that he is looking for for potential funding of projects from Municipalities. Mayor Egan said it was already handled by Mr. Roots.

Mr. MacKinnon noted that a new presiding officer needed to be appointed for the Ashe vs. Planning Commission appeal. Ms. Easterwood had indicated to Ms. Pierce that they may have a settlement. If they fail to settle, then another action will be scheduled for a new presiding officer.

Mr. Powell referred to the memo from the Port Director and he asked when that would be coming before the Assembly. Ms. Pierce said it was not scheduled yet. Mr. Powell clarified the record was clear on his notice of reconsideration earlier this evening. He went on to the Revised Pending Items list which showed 21 items under Lands. He said they would be paring that down, it was only a menu of what they would be working on.

Mr. MacKinnon said he would be out of town from the morning of the 8th through the afternoon of the 14th.

Mayor Egan said there was a request today from the City of Whitehorse suggesting May 12-14 for the Sister City meeting. Mayor Egan pointed out that they would be returning the morning of the 14th, Mother’s day. Mr. Perkins clarified that the legislature would have adjourned by then. There was no objection to accepting that time.

Mayor Egan said Mr. Weyhrauch had been working very hard on getting the Navy to have a ship at the Fisherman’s Memorial blessing of the fleet on the 6th of May. Also, the members of the Y2K Task Forces would be present at the first meeting in March to receive their proclamations for a job well done.

CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

Jamie Parsons, said the Mayor’s Fiscal Task Force was very thorough and they would not have any solutions to bring before the Assembly, but, they would have some suggestions. He hoped they would be ready within the month. They have taken a good look at the sales tax exemptions. Finally, he urged the Assembly ask DOT for a formal presentation on Juneau Access. Everyone needs to know what the data says. There has not been a public hearing and it is the public’s right to demand one.

ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 8:45 p.m.

 

Signed: ________________________________

Laurie Sica, Clerk

 

Signed: ________________________________

Mayor Egan