THE CITY AND BOROUGH OF JUNEAU, ALASKA

Transcription

1 THE CITY AND BOROUGH OF JUNEAU, ALASKA AUGUST 21, 2000 MEETING NO : 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. I. FLAG SALUTE was led by Mayor Egan. II. ROLL CALL Assembly Present: Etheridge, MacKinnon, Perkins, Egan, Muñoz, Powell, and Koelsch Assembly Absent: Pillifant A quorum was present. Staff Present: Laurie Sica, Municipal Clerk; Dave Palmer, City Manager; John Corso, City Attorney; Al Heese, Airport Manager; John Stone, Engineering Director; Craig Duncan, Finance Director. III. SPECIAL ORDER OF BUSINESS 1. Proclamation Patty Ann Polley Mayor Egan read the proclamation honoring Patty Ann Polley into the record. IV. APPROVAL OF MINUTES a. 07/24/00 - Regular Meeting No MOTION - by Koelsch, to approve the minutes of Regular Meeting No , held July 24, 2000, and he asked unanimous consent. V. MANAGER S REQUEST FOR AGENDA CHANGES - None VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS Chip Thoma, P.O. Box , Juneau. He testified about Mr. Parson s filing to run for Mayor and his claim that this Assembly had not done enough for tourism. Mr. Thoma did not know what more the Assembly could have done besides signing over rights to the city treasury and deeds to all the remaining waterfront land. He thought the public should be aware that in the brief three year interval that Mr. Parson s wasn t on the Assembly, he was the self appointed lobbyist, along with other individuals, to lobby the legislature against fast ferries and the Marine Highway system in general. Under this leadership, funding for the entire Marine Highway system is now jeopardized and doing more for ill relations between Juneau and the rest of Southeast than anything the Anchorage Times could have concocted. In fact, he said that was who Mr. Parson s and his gang worked directly with and the mean spirit from Ketchikan. He felt that was quite a bunch, telling Southeast and this community what we can have for future transportation and growth. He said that Mr. Parson also sits with other Juneauites on the local advisory board for Holland America. Holland America pulled most of their charitable giving to Juneau non-profits this year because they did not like our community attitude. The advisory board agreed to this decision to teach Juneau a lesson. This town is on the verge of being taken Assembly Meeting No August 21, 2000

2 over by both the cruise industry and this year, the local real estate agents. He was afraid they would be carving up the best, last acreage for the tour companies. He urged others to file for the four open seats by the filing deadline. Mr. Powell pointed out the filing deadline was Thursday, by 4:30 p.m. Ben Tierney Trevor, th Street, Douglas. Testified as one of eight Jesuit volunteers serving in Juneau this year. They asked for bus passes for their use during the up coming year. He provided a letter explaining the program and the funding they receive. Mr. Perkins thanked the group for the work they do in the community. Joyce Levine, P.O. Box 21705, Juneau. Testified on the issue of Capital Transit. She asked if the rumor going around town about the probability/possibility that next summer, because of the $5 passenger fee, there would be half hour service. She was concerned that, with the upcoming election in October, the new people would not want to spend the money in that way. Mayor Egan noted that the $5 passenger fee would not go away. Mr. Palmer said the Assembly appropriated the money and the 30-minute service would start in May, Ms. Levine asked if it would go through October and Mr. Palmer thought through September. Ms. Levine thanked the Assembly from the bottom of her heart. She noted that the drivers had been encouraged to put on as many people on the busses as they could. She compared it to riding the trains in New York. Mr. Kern had indicated that the drivers were still having to turn people away. Mr. Perkins appreciated Ms. Levine s efforts over the years and thanked her for being an advocate to those who use the service. VII. CONSENT AGENDA A. Public and Assembly Requests for Consent Agenda Changes, Other Than Ordinances for Introduction. B. Assembly Action MOTION by Powell, to adopt the Consent Agenda, and he asked unanimous consent. 1. Ordinances for Introduction a. Ordinance No AN ORDINANCE AMENDING THE BUSINESS CODE TO IMPROVE THE ADMINISTRATION OF KEG SALES OF ALCOHOLIC BEVERAGES. Administrative Report: Attached. The Manager recommended this ordinance be b. Ordinance No AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 86 OF THE CITY AND BOROUGH FOR THE PURPOSE OF CONSTRUCTING AN INTERCEPTOR AND COLLECTOR SEWER SYSTEM ALONG PORTIONS OF CHANNEL DRIVE, NORTH DOUGLAS HIGHWAY AND IN THE BONNIE BRAE SUBDIVISION. Assembly Meeting No August 21, 2000

3 Administrative Report: Attached. The Manager recommended this ordinance be c. Ordinance No (G) AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $10,314 FOR A PHOTO DOCUMENTATION PROJECT. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF EDUCATION Administrative Report: Attached. The Manager recommended this ordinance be d. Ordinance No (K) AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $1,555,000 AS PARTIAL FUNDING FOR CONSTRUCTION OF THE LENA LOOP RESERVOIR. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION. e. Ordinance No (L) AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $2,095,500 AS PARTIAL FUNDING FOR CONSTRUCTION OF PHASE I OF THE EXPANSION OF THE WASTEWATER COLLECTION SYSTEM TO NORTH DOUGLAS. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION. Administrative Report: Attached. The Manager recommended this ordinance be f. Ordinance No (M) AN ORDINANCE APPROPRIATING TO THE MANGER THE SUM OF $723,333 AS ADDITIONAL FUNDING FOR CONSTRUCTION OF PHASE I OF THE RUNWAY SAFETY AREA EXPANSION PROJECT AND FOR AN ENVIRONMENTAL IMPACT STUDY FOR THE FOLLOW-ON PHASES OF THE PROJECT. SUCH FUNDS, $700,000, PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION, AND $233,333, BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES. Administrative Report: Attached. The Manager recommended this ordinance be 2. Resolutions a. Resolution No A RESOLUTION ESTABLISHING THE FEES FOR ANIMAL CONTROL AND PROTECTION SERVICES, AND REPEALING RESOLUTION NO Administrative Report: Attached. The Manager recommended that this resolution be adopted. b. Resolution No A RESOLUTION AMENDING THE PERSONNEL RULES REGARDING THE MERIT ANNIVERSARY OF AN EMPLOYEE APPOINTED TO AN ADVANCE STEP. Assembly Meeting No August 21, 2000

4 Administrative Report: Attached. The Manager recommended that this resolution be adopted. 3. Transfer Requests: a. Transfer Request No. T-695 Transfers $45,000 in Temporary 1% Sales Tax from the Eaglecrest Cable Replacement Project to the Dimond Park Improvement Project. Administrative Report: Attached. The Manager recommended approval of this transfer. VIII. ORDINANCES FOR PUBLIC HEARING a. Ordinance No (H) AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $15,800 FOR THE JUNEAU CONVENTION AND VISITORS BUREAU. SUCH FUNDS PROVIDED BY THE CENTENNIAL HALL AND VISITORS SERVICES FUND UNRESERVED FUND BALANCE. MOTION by Perkins to adopt Ordinance (H), and he asked unanimous consent. b. Ordinance (I) AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $15,388 AS PARTIAL FUNDING FOR CONSTRUCTION OF THE PERIMETER FENCE AND PURCHASE OF SNOW REMOVAL EQUIPMENT AT THE JUNEAU AIRPORT. SUCH FUNDS, $14,892, PROVIDED BY THE FEDERAL AVIATION ADMINISTRATION AND $496, PROVIDED BY THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES. MOTION by Etheridge, to adopt Ordinance (I), and he asked unanimous consent. Mr. MacKinnon asked if this project was funded by sales tax CIP. Mr. Heese came forward and said this project was conducted about four years ago and the sales tax money was appropriated back in 1995 or 1996 to the airport for this type of project. The total project was about $250,000 so the match would be about $12,000. Mr. MacKinnon clarified this reimbursement from FAA, instead of going back to pay back sales tax revenue, actually was going to stay with the airport for the purpose of them having the revolving fund so they can pay for the projects up front and get reimbursed. Assembly Meeting No August 21, 2000

5 c. Ordinance No (J) AN ORDINANCE APPROPRIATING TO THE MANAGER THE SUM OF $511,000 FOR DEFERRED BUILDING MAINTENANCE, ESSENTIAL BUILDING REPAIRS AND UNDERGROUND FUEL STORAGE TANKS. SUCH FUNDS PROVIDED BY THE ALASKA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. MOTION by Muñoz, to adopt Ordinance (J) and she asked unanimous consent. d. Ordinance No AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF JUNEAU, ALASKA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION SCHOOL BONDS OF THE CITY AND BOROUGH IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,343,000 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; UNDERTAKING TO PROVIDE ONGOING DISCLOSURE AND APPROVING THE SALE OF SUCH BONDS. MOTION by Koelsch, to adopt Ordinance , and he asked unanimous consent. Ms. Muñoz asked if this was design of both facilities, or just the new facility. She also asked if any of the money would be used for the Marine Highways building. Mr. Palmer said they estimated about $1M would go toward the demolition of the ferry system building and improvements to the lot. The preliminary design was for both facilities and he thought that right now they were focusing on the renovation schedule for JDHS. Ms. Muñoz asked when the demolition work would begin at the Marine Highway site. Mr. Palmer said they had until the end of May, 2001 to get the Marine Highway people out of that building. They were about ready to start construction on their new building. Ms. Muñoz clarified there had not been a decision yet as to the use of that space and she asked when that decision would be before the Assembly. Mr. Palmer thought that decision would go to the School Board. Ms. Muñoz said there were a lot of good ideas on how that space could be used and she hoped that the Assembly would have input through the Public Works committee on the final disposition of that land. Assembly Meeting No August 21, 2000

6 Mr. MacKinnon was disappointed that there was not a representative from the School District present. e. Ordinance No AN ORDINANCE AMENDING THE ANIMAL CONTROL FINE SCHEDULE TO INCREASE THE FINES FOR THE OFFENSE OF DOGS AT LARGE. MOTION by Etheridge, to adopt Ordinance , and he asked unanimous consent. Mr. Powell asked Mr. Corso for a definition of dogs at large. Mr. Corso said it went on at length and depended which part of town was involved. Mr. Powell asked if there was any public information available for dog owners indicating where dogs can be. Ms. Jan Gordon, Director of the Humane Society came forward to answer questions. She pointed out that with regard to beaches, any area that is below the tide line is okay for animals to be running free. People can look up other areas on the net. Ms. Muñoz referred to an incident where her eight year old daughter, with her grandmother, recently was told that she was no longer able to walk the dogs because she was not an adult, even though she was in the care of an adult. She encouraged the Society to be more open to volunteer efforts on the part of all citizens, especially young children. Ms. Gordon was familiar with the situation and said the issue was that the new customer service person did now know them. They wanted to take the dog off the property, predominantly in a car, and staff had no idea who she was. Policies and procedures are in place and they do encourage and embrace volunteers, they just have to be careful. Mr. Corso said anyone who wanted to know the definition could call him, or look it up on the CBJ website at cbjlaw.com under Title 8. IX. UNFINISHED BUSINESS - None X. NEW BUSINESS - None XI. STAFF REPORTS ON NON-AGENDA ITEMS Mr. Palmer noted a request from Bartlett Regional Hospital to adopt some bylaws, which require a motion of the Assembly. The bylaws were included in the packet. MOTION by Perkins, of the amendments to the hospital bylaws as drafted and recommended. Assembly Meeting No August 21, 2000

7 Mr. Palmer gave a brief update on the Health and Social Services transition. BRH has taken over the Juneau Recovery Hospital and JAMI is now covering all the mental health services. During the budget, there was discussion about leaving the HSS budget in place. The city has traditionally supported both the mental health programs and JRH with revenues. They will continue to do that through the transition, and grants have been awarded to BRH for the Juneau Recovery Hospital of about $1,047,000 and to JAMI of about $302,000. The money is already in the budget that was adopted and the transition is pretty much complete. Mr. Perkins thanked staff and the state for their cooperation. Through the budget process, they were able to keep the same dollars flowing to BRH and the grantees of previous budgets. XII. ASSEMBLY REPORTS ON NON-AGENDA ITEMS A. Committee Reports a) Committee of the Whole Mr. MacKinnon said there would not be a COW for the rest of the month. b) Finance Committee Mr. Perkins said finances were in order and he did not expect to have any meetings for the next month and half. c) Human Resources Committee Ms. Muñoz reported on the meeting they had earlier today. The HRC considered a resolution that would be before the Assembly in two weeks having to do with the responsibilities of the Social Services Advisory Board now that the transition with the mental health services has taken place. The responsibilities of that committee will also change. Prior to the change, they were involved with the policies and over site of the department. Now their responsibility will primarily be a review board for the grant applications. The HRC is also recommending that the Assembly, on an ad hoc basis, could assign social issues for consideration to the committee. She had several names to forward for approval: MOTION by Muñoz, to appoint Stanley Shane to the Juneau International Relations Advisory Committee. MOTION by Muñoz, to appoint Jim Schultz to the Parks and Rec. Advisory Committee. MOTION by Muñoz to appoint Jim Burns and Albert Wall to the Social Services Advisory Board. MOTION by Muñoz to appoint Kate Slotnick for a full term to the Youth Activities Board and Eric Keefner for an un-expired term. There being no objection, it was so ordered. MOTION by Muñoz that the make up of the Passenger Fee Proceeds Committee remain the same for the next year and those members are Lynn Bartlett, the public member, Harley Clough from Docks and Harbors, Don Habager from the passenger industry, Rick Casnick from the Harbor Board and Robert Spitzfadden, the public member. d) Lands and Resources Committee Mr. Powell said they would meet on Wednesday and be discussing the Museum, open burning, and other issues. Assembly Meeting No August 21, 2000

8 e) Public Works and Facilities Committee Mr. Koelsch said they would meet on Wednesday at noon in the chambers. f) Planning and Policy Committee Mr. Koelsch said they would meet next Monday at 5:30 in the chambers. B. Liaison Reports Mr. Koelsch reported that the Local Emergency Planning Committee would meet this Thursday at 6:00 in the Valley Library to consider a recommendation back to the Assembly on the donation of dive equipment. This Friday at 12:10 in the chambers, the Transportation Steering Committee would meet. Mr. Perkins said the Bartlett Regional Hospital Board would have their regular monthly meeting tomorrow evening at 5:15 in the BRH board room. Mayor Egan noted that the Alaska Committee would meet this Wednesday at 7:00 a.m. in the JEDC conference room. C. Presiding Officer Reports - None XIII. ASSEMBLY COMMENTS AND QUESTIONS MOTION - by Mr. Koelsch, that the Assembly approve the eight Jesuit volunteer bus passes. Mr. Koelsch commented that the downtown crowd control was still not in place. He then asked if there were any perameters for public comments. He felt uncomfortable when earlier testimony started naming names and making comments that were not necessarily germane to a policy. Mr. Corso said there were some guidelines with respect to comment on an agenda item and some rules about argumentation, but there was no subject matter rules for public comments on nonagenda items, except that they not be on the agenda. It would be possible to construct some, but they would need to be careful not to infringe on folk s first amendment rights. Mr. Koelsch said that there were people who were not public figures who were disparaged and he thought it took advantage of a radio forum and an audience that is present and that there should be something restricting what a person can say about another person in this type of situation. Mayor Egan said they had been through this debate before and he referred to the Keen suit and said they have to be very careful. Mr. Koelsch felt there was a difference between public officials and private citizens. Mayor Egan said the court is very broad when they say who a public official is. Mr. Keen was considered a public official. Mr. Corso said the correct term was public figure. The rules are broader for public figures and people making comments about them and saying something about them that is not true, in order to be liable under tort law, must have done so with a reckless disregard for the truth. For the purposes of determining who is a public official and who is not, any candidate for public office is probably a public official. Completely private citizens who have not put themselves in the public spotlight are entitled to a measure of privacy and one has to be more careful about saying untrue things about them. Mr. Powell noted that tomorrow was the primary and he encouraged everyone to get out and vote. Mayor Egan said he and Mr. Palmer had the pleasure of hosting congressional staff today from Energy and Natural Resources, and Appropriations from the House and Senate, and they will be doing it again on Wednesday. The meeting went very well and they gave them a tour of Juneau complete with a tour of the police station. Assembly Meeting No August 21, 2000

9 XIV. XV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS - None ADJOURNMENT - There being no further business to come before the Assembly, and no objection, the meeting adjourned at 7:55 p.m. Signed: Laurie Sica, Clerk Signed: Mayor Egan Assembly Meeting No August 21, 2000