City Council - Regular Meeting

Let's see. Is everybody online here? Olivia and Jimmy online?

Jimmy Yes, ma'am.

Alright. Okay, mister mayor. All council members are present this evening.

K. Please stand with me for the pledge of allegiance.

I pledge

allegiance to the flag of The United States Of America and to

the republic for which

it stands, one nation under God, indivisible, with liberty and justice for all.

Okay. Roll call. Mhmm. We did, public business from the floor. Any public business from the floor?

Okay. Seeing none. If we go go to the, consent agenda, we have two items on the consent agenda. Approval to go into executive session, discussion of implications of city revenue and litigation strategy regarding TransAlaska pipeline system at Valorem tax issues. Number two is approval of senior center hardship property tax exemption for Barbara Ezel.

Move to approve the consent agenda.

Second. It's

been moved by council member Wally, second by council member Witty to approve all items on the consent agenda. Ready for the vote? All those in favor, please say

aye. Aye.

All those opposed? We have seven yeas. Motion carries.

K. Moving on to new business. We have approval of the twenty twenty six community purpose property tax exempt applications.

Move to approve.

Move to a second.

Been moved by council member Loves, second by council member Foster to approve the twenty twenty six community purpose property tax exemption applications.

Do you have any comments on that? Go ahead.

Just a couple of questions. Just curious, about, in general, were all these properties also did they receive the exemption last year? Are there any new properties on the list?

Through the mayor, council member, Love, these are all properties that have received the exemption in the past.

Okay. And then, I just saw in on that table that, KCET property, which is 64% of the area exempt. Is that the same as last year too? And was that highlighted in the table just because it's

not a 100%?

Remeasured, the proportions. So that is different from last year.

Okay.

So they're claiming a slightly higher portion of the building.

Okay.

Gotcha. But they remeasured. It's something to do with the stairwell. That's what we've been told.

Okay. Gotcha. So it was just a change from last year. Okay. Thank you.

Mister Mayor?

Go ahead.

So, the the community purpose property tax exemptions, those exemptions, that program comes through my office. And then, of course, it goes also, to the finance department. Finance department then reviews those, comes up with calculations on those as well. So this is sort of a joint effort between clerk's office and the finance department for these. So so, yeah, we make sure that they get turned in by the deadline, which is June 15 on those as well. Correct? Is it June 15? January. June. January 15.

I'm in June. I'm moving I'm moving through this year. January 15. Those are due just like all of the other senior citizen property tax and and, of course, missus L's hardship. So I just wanna make that note for you.

Okay. Alright. Any other questions? K. Go for the votes.

All those in favor, please say aye.

Aye.

Aye.

All those opposed? Seven yeas. Motion carries.

K. If anybody would like me we're going into reports. If anybody would like me to stop on any of the reports, please let me know. Procurement report 2025. About a tractor. Number two is a procurement report 2025 Ford Explorer patrol vehicle. Number three is procurement report Ford Explorer patrol vehicle. Number four is current report 2025 Chevrolet two fifty crew cab. And number five is procurement report 2025 cat skid steer. And then we also have a change order report from Kinetic Construction for Kelsey Doc Dolphin, in the installation of that.

So the amount of 16,500. Any other?

Mayor, just a question on the, Kelsey Doc. Go ahead. I'm just curious just, timeline on that replacement work when that's gonna start get wrapped up.

I'll defer a little bit to Casey here, but the the pilings installed is just a function of welding on the the attachments to the ball or cutting it off, putting a cap on it. I'll be honest. I haven't been down there. It may be done since we're in Juneau, but, is it complete? Is it complete? Okay. Work is complete. So that'll be

all ready for the upcoming season. Yep. It's ready to go. Great. Awesome. That's great news. Thank you.

K. Moving into city manager, city clerk, and city attorney, and mayor's report, city manager report.

Thank you, Mary. I didn't put a written one in there. Missed the missed the deadline through travel, but, just a couple of updates. You may have noticed we had a waterline that broke on meals down kind of by the Best Western. Crews got crews crews got that buttoned up today, and it sounds like it's getting backfilled, and that's all taken care of.

Additionally, an important news, the ski or the sled hill at the elementary school will be installed. This week is the goal. We had a meeting with Karen Kirk to talk about strategic planning for this coming summer. Being aware that there are seats up for election, We've kinda taken the position. We'll just put a date on the calendar and let people plan around it.

But, right now, we're looking at the week of the June 17. I don't remember what the Monday is, but the sixteenth through the twentieth in that time frame of June. In preparation for that, we'd like to ask counsel to have a work session before the next council meeting, to talk about, you know, some topics and areas of discussion that you guys would would be interested in. Again, selfishly, we we've we've done the send your email route, and we don't necessarily get feedback from everybody. So we'd like to perhaps use a work session as an opportunity to talk about some themes and topics that might be of interest to you and or any other future council folks for the year '27.

So if no objection to that, can six or 05:30, whatever works for you all.

That would be the March 17. So it'd be the second meeting in in March.

So, yeah, two weeks here. Mhmm. Or a month? Yeah. It's the February 17 in one month.

One month.

Okay. The next piece, and had mentioned it kind of to the mayor, the DC trip is coming up the March. And looking at the budget, we budget for four total council people between the two trips. In light of what's going on in DC right now and, what have you, the I think the recommendation is if send the mayor or one council person for this trip and perhaps load the next trip with with three council folks. If that's kind of my just my recommendation, but that's not necessarily what has to be done.

But we did budget for, like I said, four total persons to go to DC throughout the course of the year from council. And just, I guess, if there are any comments or thoughts on on that.

Quest this question. So then on this trip, just in in regards with this current shutdown, just not being very productive. Just sending Yeah.

There's there's some question about

what meetings we'll actually be able to

to hold. And just there's some the tentative nature of it. I don't know. I don't want to Jack and Eric will always find us meetings to have, but, I think it may be more the the November run typically is better defined, and the government's open typically. So, again, that's just the thought process at this point. Yeah. So If no But I guess

also, like, is there does it make any sense to move this, spring meeting at all? Does it does that make any sense to to postpone given just where everything's at?

In talking to Jack and Eric, I asked that question. And the short answer is they don't have a good answer. We could go now, and you're essentially gonna roll the dice. They'll set up meetings for us, and they'll have the bulk of them, prepared. The challenge was the recess schedule, you know, the summer time frame, election schedule with us.

It just kinda gets it gets more challenging to what ultimately is gonna end up happening is you'll have a back to back potentially in sometime September 1, then you'll be there again in November. So that was the thought process was, you know, let's let's maybe do a smaller one, set the table for November and fly in with this March one. Again, I don't know if that's a lot of logic or not, but that's kind of the thought process we've been going through this.

Can they get us in with the, Coast Guard? So, people that we really need to see in the Coast Guard?

That is some of what's up in the air. DHS not being funded. It depends on who is gonna take a meeting with us or not. If you recall last time, they were under shutdown parameters. They they would only meet with us virtually. They won't meet with us in person, which very well I hope not, but could be the case again the next.

Well, it seems that at a minimum, a lighter contingency makes sense.

Yeah. I I think how long does, Jack need his answer?

They'd like to know last week, but thought we had a council meeting tonight. So I Okay. Primed the pump. Again, they're accommodating. They'll be flexible, and and they'll make it work however we need to. The main thing is just us being able to get plane tickets in advance Okay. Without too much delay. However, if if we if we option to postpone, you know, certainly the urgency of getting tickets and whatnot is is kind of off the off the table.

Joe, do you have a feel? Just given your With

regards to going,

I mean, I think smaller The smaller contingent is, you know, the best play, I think. It's always good to get in front of, you know, legislators and and, you know, the the agencies involved if we can get to the coast guard kind of thing. But if if we get word that maybe the coast guard is a complete, you know, out, then maybe then we maybe we look to postpone. The one thing I I I was hoping that the that they were gonna line up with I'm already going to DC for the RCAC the week of the twenty third, for, I think, three or four days. And I was hoping that with if it landed on that, that I could just break free and cover any sort of coast guard related port meetings kind of thing, but that didn't seem to line up.

So, if with all that I have kinda going on and going to Juno last week and then going to that meeting, I probably would, if if I could be excused from that if I was being looked at for going.

And this is the week of March 2. March 2. It's right around the corner. Okay. I'm available to make it and go.

Olivia's got her hand raised.

Ahead, Olivia.

Thank you. I kinda think it sounds like it might be best to go in September, November when things could potentially be open. That's my opinion on that. I I know they're kind of back to back, so I don't know city manager Duvall if that would kind of put you out being too close together of a trip. But I think going when things are potentially you know, we have full open you know, our legislators are available, I think that would make more sense.

I guess just just to clarify, so the senate and the house are both in session. So our our delegation is Yep. Is available. So those would be the meetings that we would have as kind of baseline. It's more of the meetings at this point. There there is, I guess, another piece that brings some value to it is right now the, what are they called? The earmark portals are open. The request for making earmarks is is now in March. That's part of why we've timed it, with the March slash April window. So that's that's the other reason somewhat to to time at this time of year. But to council member, Foster's point, we can certainly look at another occasion. Do

we do we have, specific ideas for earmarks to bring to the delegation for this trip?

So at present, the plan was to continue for the second half of the radio project funding, but the conversation now begins with what's what's the next one. So that that'll be a more robust conversation of council over the course of the next eight, nine months or so.

So having that conversation regarding the radio towers, that's the right time for this meet for this wine. Right. I mean, that's worth it. I mean, that's worth it right

there. Yeah.

Let's just just keeping that those relationships going like that. And if we have to make it to the coast guard too, great. But I mean, I think that radio project will.

Yeah. I mean, that's a potential $5,000,000 request. Right. It's that piece by itself.

And I also think that anytime we can get in front of the senator with the postcard and just pitch that again and again and again, we'll work ahead of that board.

I'm just throwing this out there. I think, mayor Fleming and, council member Love, if available, would be two great representatives for the city if possible.

Can can you go?

I mean, I I'd go, but maybe it also encourage maybe some some other folks looking down the aisle for to get some DC time too, just to start building depth, you know, bench strength, I think, would be good as well. So I would certainly go if need be, but I would defer certainly to, I guess, get some more experience in DC.

Mister Green, are you available? So those are the two that I would recommend to show myself and screen if we can. Yeah.

Councilmember Green, if you can let me know in the next day or so, that'd be helpful. Alright. I'm sure there's something else that I should be bringing up that I don't remember, so I'll defer the rest of the meeting.

Hey. City clerk's report.

Okay. Well, I have a whole bunch of stuff. You just think you have the shortest meeting. Did a recently did a flash vote. Sarah helped put that up regarding boards and commissions.

And I don't know if some of you saw that, and we did get the results from that. And I did hand the those out for you and the comments this evening. So we are meeting internally next week to talk about the results and some probably to come up with some some different ideas based based on the on some of the comments that we received. So we're one of the things we were we talked about today with my staff was maybe in conjunction with the boards and commissions training that I do annually every year that we have, like, an open house prior to that that boards and commissions training that evening so that we can talk about boards and commissions and what and what are what they do. That that's something that we we discussed.

And then, of course, we've been talking about getting the Citizens Academy off the ground this year as well. And so Nate and I will be meeting about that next week too to talk about that. Yeah. So, anyway, we are working that, but we wanted you to have the results and and look at some of those those responses to that.

We

just wrapped up or or working on we just selected, from our I voted sticker challenge that we did with, our future voters in Valvice. Our I voted sticker design challenge, we received a total of 36 submissions from local youth artists. There was just a great amount of creativity and thoughtfulness, community pride reflected in those designs. They they were they're just great. So but today, we had to actually go go through and pick four finalists from each category from, the 12 and under and the 13 to 18.

And so now those eight designs will now move forward, for a community vote. So those will go up on the website, and the public can vote on those. If you would you like to see it?

Yeah. There we go.

So these are the top four. Yeah.

This is under twelve twelve and under. Yeah.

And those are under yeah. 12 and under these.

He's very creative.

Oh, blue key to blue key.

Yeah. And then You're so good. We're good. You know, it was so hard. Katie has a button making machine in her office, actually.

And so all of the the all of the kids that did submit their designs, we are going to make them their own button. So

Awesome.

Yeah. So they'll all get that. So so they can wear their button when they come in to do kids voting for us this year. So voting will take place March on Flash Vote, and so people can go to the website. They need to sign up in advance to receive that voting link.

So we just encourage everyone to go go on the website, look at that, and go on and vote so that we can get our sticker selected for the upcoming election. So there is that. Petitions are now available in the city clerk's office. Filing period is now open for city council and school board. We have, on the city council, we have two seats open to fill a three year term, and then we have one seat open to fill, a two year term.

So two seats for a three year term, one seat for a two year term. And then for the school board, we have two seats open to fill a three year term. So anyone interested in running for office, please contact the city clerk's office. Come in and talk to us. We'd be glad to sit down with you and and talk to you about running for council.

So and that closes on March 16. So you have until March 16 to pick up your petition and get it turned back back in to the clerk's office. And then I know that Elise talked to you about moving our May meeting date, and thank you so much, counsel, for doing that. We were looking at a date earlier in the month, and we were talking with finance, and they reminded us that board of equalization is actually happening on the fourteenth and the May 15. And so if we held the meeting earlier in the month, that would put new council members on the BOE board, and that would not be a good situation for us.

So we would like to see if you would have any objection to us moving the meeting to May 26, which is later in the month.

I don't have a question with it. No? No. And that's 2027.

2026. So this May. This May. May 26. This May. That that way, we don't have a a potential new new new council members on BOE. We're gonna gonna make you guys finish that out, please. And that's all I have. Thank you.

Okay. City attorney. Mister Robin, you got anything for us? Oh, it's Jake.

Hey, Dennis. I'll I'll do the public update here. Okay. Although it's not gonna be as exciting as the I voted stickers. But I do have a brief update for you.

I'll start with the c plan. We filed a motion to supplement the record on the issues that are designated for a judicatory hearing, so we're waiting for an order on that, after which there will be a briefing schedule set. The three issues that are set for adjudicatory hearing will be briefed with an opportunity for oral argument. So there won't be an evidentiary hearing. It'll be done on the briefing, and then we'll argue about it.

The other bucket of issues related to secondary containment, we filed comments with ADC, and we're awaiting a decision on the revised testing plan that APSC submitted to them. We'll update you as soon as we get a decision from ABC on that. Redistricting, we filed our appeal on attorney's fees. The basic issue is whether the city should be entitled to fees that are necessary to advance any and all claims. So things like reviewing discovery, attending pretrial conferences, that type of thing.

Our position is some work is required to advance any claim, and you should be able to recover that. We did, after all, prevail as a constitutional claimant, and the superior court found that. The board requested an extension and was granted one to file their responsive brief, so their brief is now due on April 1, and our reply will be due on April 21. And then there will be a date for oral argument on that. Moving on to the BP Hill Corp transaction, which has been back and forth a few times.

It's presently well, it was remanded back to the superior court, and the superior court affirmed the RCA's decision regarding confidential treatment for BP and related entities. But it held that Hillcorp and its sister companies and parent companies were not subject to confidentiality because they weren't pipeline carriers at the time of the application. And just to take you guys back, the the key issue here is what level of access should the city have the information when there's an interest in the TransAlaska pipeline system transferred. So we're disputing the application of of this statutory confidentiality provision. The superior court has weighed in.

Both parties have filed a petition for review up to the supreme court, and we're working on briefing that. Most recently, RCAC moved to file an amicus brief for the supreme court, and they were granted the right to do that over Hill Corp's objection. We briefed that as well, and the supreme court accepted their amicus brief supporting the city. So that one's moving forward on appeal as well. We have a lot of appeals going right now.

I'll talk about the rest of them here as we get into escape property. First, the '97 through 2016 tax years. As we informed you previously, judge Rankin granted the taxpayers motion for summary judgment on those tax years based on application of the three year statute of limitations. We filed an appeal, and we're compiling arguments for that appeal before the supreme court. Tax years 2017 and 2018, those were before judge Zieman, not judge Rankin.

He dismissed those from the suit on the same grounds based on the application of the statute of limitations, and the city has paid refunds on those. So now the taxpayers will bear the interest risk for those tax years. Those tax years will be subject to the appeals that are forthcoming with the 2019 through 2023 tax years on which we prevailed. So moving to those, as you're aware, judge Zieman's found in favor of the city on those those tax years '19 through '23, and a supplemental assessment will be forthcoming on those tax years. I know the state petroleum property assessor Jim Greeley has been in touch with Jordan, and we've provided information to him on how we think those supplemental assessments should look in light of judge Zeeman's order.

Both taxpayers in the city have appealed that superior court order, and we're in the process of preparing briefing for that too. So we have quite a few appeals going up to the supreme court right now. And finally, have an executive session scheduled to talk about in more detail if you'd like the escape property issues, but our intent is primarily focus on the taps ad valorem issues. And I think where we left off on that, we're we informed you we're working with the owners towards mediation, and we have an update on that. So that's that's my update for you this evening. I'd be happy to stand for any questions on those items or any other issues.

Any questions for Jake? Go ahead.

Just in regards to the 2019 to 2023, is that gonna be just like a lump sum that we're gonna receive? And what's the order of magnitude of that?

So Jack ran the calculations, and we think the order of magnitude is about $13,000,000, and I understand it it should be paid in a lump sum. Yes.

That'd be by the during this fiscal year? I'm getting a head nod from

Yeah. Yes. I believe so. I believe so. And then if taxpayers follow their previous patterns of pain on these supplemental assessments, then the city should receive it shortly after the supplemental assessment is issued, which the date the precise date that Jim will issue. It is eluding me, but it's in the coming months.

Okay. Sometime in the first or second quarter.

Okay. Thank you.

You're welcome.

Any other questions? Olivia?

No. Thank you. That's great for that ruling.

Jimmy?

Sorry. I'm still learning how to use the mute function on my phone calls. Nothing for me. Thank you.

Okay. Moving on to city mayor report. You know, I went to Juneau with the group that we had, and I think we did a pretty good job representing Valdez. Got more to come on that trip. You know, a lot of doom and gloom in the state. We heard about the money they they don't have and programs, but, you know, we were there for some specific asks, and I think those were well received. And I think we'll see some headway on those maybe in a couple of months to other than that, that's really all I got. So pass it down to Lester.

First off, I'd like to say thank you to all our young artists out there in town. I love that. Very talented there, and thank you, Sherry and other team members for making that happen. Very much appreciated. Also, I would like to just say that I have taken out a petition. I've been very, it's been a quite an education for me, learning just starting to learn about being a city council member here. I found it rewarding, and I'd like to continue forward. So I have taken out a petition and will be seeking, signatures so that I can, run for election this spring. Thank you.

First time going to Juneau, and that was quite a learning experience. I just wanna give a perception to the public that, I was impressed as just kind of learning and and watching at the ingenuity that came from everyone on city council of trying to find new ways to propose ideas to benefit the city of LDs. And I thought that was just phenomenal. So, hopefully, we'll see good things coming. My second thing is I just wanna give a huge shout out to all the first responders that responded to the Mann Camp fire.

I gotta see them in action, and, man, the challenges were great with the heat and the ice and the snow. So I just wanna give a big shout out for all that they do for our community.

Thanks, mayor. Just wanted to thank Sarah for the, I guess, the survey just to give us a good vantage point of, you know, what we're, what we're looking at for people running for for those offices. Also, the the artwork by the kids. Yeah. I'll be happy to vote and saw some really good, buttons to be to be done.

So, and then I I was also part of the the Juno contingent, and I I think, yeah, I think we did a a pretty good job, talking to everyone and and pushing forward our issues. Met with the coast guard, met with agencies as well as legislators, and, I think, yeah, we, we pushed our our issues forward, and, hopefully, they will bear fruit like the mayor said. So thank you. And thanks to Elise for shepherding us and, you know, making sure everything was arranged and giving us a tour of Douglas Island when we were there. So it was nice.

Awesome.

Yeah. Just, I just with this lay down here, I know we, donated those quadcopter drones to, Skagway. It looks like they're much appreciated by Skagway, police department there. And, so glad to hear that they were well received and, getting put to use down there by the other community in Alaska, and I'm happy that we can support other communities, with, equipment to help with their life saving and and all that good stuff. So good to good to see that report from Skagway.

Olivia?

Oh, hey. Not a lot to not a lot to report here. Really pumped on the I voted stickers. I can't wait to get mine. And I'm really excited to hear, Lester, council member Green, that you picked up an application to continue on council. I think you're a huge asset to council. So thank you for putting in more time and seeking to put in more time. Our community appreciates you.

Jimmy?

Yeah. I guess I'll just echo everybody in thanking all of those that came with us to Juno, the staff, as well as the members of city council. It takes a plurality of skill sets and opinions and approaches to be successful in, you know, in speaking to the benefit of our community, to the people with the power to give those benefits to us. So I just wanna thank everybody for going there and doing the work with us. It meant a lot.

Alright. No other comments. We will adjourn to our executive session, and I'll be leaving and passing the gavel to the mayor pro tem.

Executive session. During executive session, we talked about escape properties and the tax issues with our city attorney and gave them direction regarding both issues.

Good night. Bye.

Hey. Good night. Nice to talk with you all.

Hi, mommy.