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City and Borough Assembly

Regular Meeting

Sitka, AK · August 24, 2021

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Minutes

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Minutes - Final City and Borough Assembly Mayor Steven Eisenbeisz Deputy Mayor Thor Christianson, Vice Deputy Mayor Valorie Nelson, Kevin Knox, Kevin Mosher, Crystal Duncan, Rebecca Himschoot Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, August 24, 2021 6:00 PM Assembly Chambers REGULAR MEETING I CALL TO ORDER II. FLAG SALUTE III. ROLL CALL Nelson attended via videoconference. Present: 7 - Christianson, Knox, Mosher, Nelson, Eisenbeisz, Himschoot, and Duncan IV. CORRESPONDENCE/AGENDA CHANGES 21-133 Reminders, Calendars, and General Correspondence No agenda changes. V. CEREMONIAL MATTERS None. VI. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Municipal Departments, School District, Students and Guests (five minute time limit) Sitka Tribe of Alaska Council Chairman Woody Widmark provided an update on Council business. VII. PERSONS TO BE HEARD Darby Osborne reported on her recent attendance at the Conference of Young CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final August 24, 2021 Alaskans in Fairbanks. Mary Todd Anderson offered to serve on a committee to help with bear/garbage control. Richard Wein spoke to the FDA approval of the Pfizer COVID-19 vaccine. Carry Fenno suggested using reusable utensils at schools as opposed to single use plastic utensils. Justin Clark spoke to food shortage and security concerns. VIII. CONSENT AGENDA A motion was made by Knox that the Consent Agenda consisting of items A & B be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Knox, Mosher, Nelson, Eisenbeisz, Himschoot, and Duncan A 21-134 Approve the minutes of the August 10 Assembly meeting This item was APPROVED ON THE CONSENT AGENDA. B 21-135 Approve a retail marijuana store license renewal application for AKO Farms, LLC dba AKO Farms Direct at 1210 Beardslee Way This item was APPROVED ON THE CONSENT AGENDA. IX. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 21-136 Appoint Catherine Mohn to an unexpired term on the Health Needs and Human Services Commission A motion was made by Himschoot that this Item be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Knox, Mosher, Nelson, Eisenbeisz, Himschoot, and Duncan X. UNFINISHED BUSINESS: D ORD 21-24 Requiring use of a face covering in certain indoor settings and providing a penalty (extending expiration date) From the public, Justin Clark, Richard Wein, Gavin Holder, Brett Wilcox, Mary Todd Anderson, and Linda Marlin spoke in opposition. Darby Osborne spoke in support. A discussion of the Assembly ensued. Christianson, Mosher, Himschoot, and Duncan spoke in support. Nelson spoke in opposition noting approval of the ordinance would create more problems and added there was no science to demonstrate the efficacy of masks. A motion was made by Christianson that this Ordinance be APPROVED on SECOND AND FINAL READING extending the expiration date through September 28, 2021. The motion PASSED by the following vote. Yes: 5- Christianson, Knox, Mosher, Himschoot, and Duncan No: 2- Nelson, and Eisenbeisz E ORD 21-20 Authorizing the lease of 4951 Halibut Point Road, a 17 acre portion of CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final August 24, 2021 Lot 1, U.S. Survey 3670 Richard Wein spoke in opposition. Chris McGraw and Karl Potts spoke in support. Mosher disclosed he worked for Shee Atika, Inc. and Duncan disclosed she was a Shee Atika, Inc. shareholder. Mayor Eisenbeisz ruled no conflict for either. Mosher stated the option would help disseminate the large volume of tourists anticipated for 2022. Knox agreed. He voiced concern of environmental impacts and encouraged the visitor industry look for best practices to ensure minimal impacts. Nelson spoke in support of the lease. Christianson believed the lease rate was too low. Himschoot wondered of sales tax remittance, preservation of beach access, the overall direction of tourism, and the review process to ensure alignment with the submitted proposal. Planning Director Amy Ainslie commented the Planning Commission's role would be in reviewing conditional use applications submitted for the development. A motion was made by Knox that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Knox, Mosher, Nelson, Himschoot, and Duncan No: 2- Christianson, and Eisenbeisz XI. NEW BUSINESS: New Business First Reading F ORD 21-29 Authorizing the sale of the former Sitka Community Hospital Site located at 209 Moller Drive, 202 Brady Street, 204 Brady Street, and 302 Gavan Street to the Southeast Alaska Regional Health Consortium (SEARHC) (possible executive session) A motion was made by Himschoot to go into executive session with the Municipal Attorney to discuss legal and financial matters affecting the municipality regarding the sale of the former Sitka Community Hospital Site located at 209 Moller Drive, 202 Brady Street, 204 Brady Street, and 302 Gavan Street to the Southeast Alaska Regional Health Consortium and invite in Planning Director Amy Ainslie and Finance Director Melissa Haley. The motion PASSED by the following vote. Yes: Nelson, Mosher, Eisenbeisz, Duncan, Himschoot, Christianson, and Knox Richard Wein spoke in opposition of executive session. Municipal Attorney Brian Hanson explained the financial and legal reasons for executive session. The Assembly was in executive session from 7:45pm to 8:40pm. A motion was made by Christianson to reconvene as the Assembly in regular session. The motion PASSED by the following vote. Yes: Mosher, Nelson, Knox, Christianson, Duncan, Eisenbeisz, and Himschoot CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final August 24, 2021 From the public, Richard Wein and Nancy Yaw Davis spoke in opposition to the sale. Maegan Bosak, SEARHC Director of Property and Lands, spoke in support. Himschoot said SEARHC had listed their appraiser as Julie Deneen. Himschoot wondered who the City had hired. Administrator John Leach answered the City had hired Deneen in April. SEARHC later hired Deneen. A motion was made by Christianson that this Ordinance be APPROVED on FIRST READING authorizing the sale of the former Sitka Community Hospital Site located at 209 Moller Drive, 202 Brady Street, 204 Brady Street, and 302 Gavan Street to the Southeast Alaska Regional Health Consortium (SEARHC) and schedule second and final reading under Unfinished Business at the October 12, 2021 Assembly meeting. The motion PASSED by the following vote. Yes: 6- Christianson, Knox, Mosher, Eisenbeisz, Himschoot, and Duncan No: 1- Nelson G ORD 21-30 Authorizing the transfer/sale of a portion of City and Borough of Sitka's "Old City Shops" property located at 1410 and 1414 Halibut Point Road to the Sitka Community Land Trust (SCLT) for an affordable housing project that is not subject to competitive bid and is available to all regardless of ethnicity Richard Wein spoke in opposition. Randy Hughey of the Sitka Community Land Trust provided an overview of the project and requested Assembly support. Nelson spoke against and said she had questions that hadn't been answered. Himschoot, Christianson, Knox, Duncan, and Mosher spoke in support. A motion was made by Knox that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 5- Christianson, Knox, Mosher, Himschoot, and Duncan No: 2- Nelson, and Eisenbeisz H ORD 21-27 Amending Title 22 "Zoning" of the Sitka General Code by modifying Chapter 22.16 "District Regulations" for the Recreation District From the public, Richard Wein wondered of the potentially affects on Baranof Warm Springs. Ted Laufenberg, Bridgette Kauffman, Dawn Young, and Melinda Hofstad spoke in support. A motion was made by Himschoot that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 7- Christianson, Knox, Mosher, Nelson, Eisenbeisz, Himschoot, and Duncan I ORD 21-28 Amending the official Sitka Zoning Map to rezone 4951 Halibut Point Road from Single-Family and Duplex Residential (R-1) to Recreation District (R) A motion was made by Mosher that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 7- Christianson, Knox, Mosher, Nelson, Eisenbeisz, Himschoot, and Duncan CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final August 24, 2021 XII. PERSONS TO BE HEARD: Richard Wein spoke to items on the agenda: lease of 4951 Halibut Point Road, the "Old City Shops" property and affordable housing, and the appraisal for the former Sitka Community Hospital site. XIII. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Mayor - Eisenbseisz told of Sitka Tribe of Alaska's childcare study and hoped the Assembly would receive a copy. Administrator - Leach thanked Planning Director Amy Ainslie for her work on a majority of the evening's business items. Liaison Representatives - Duncan reported on the Historic Preservation Commission and Health Needs and Human Services Commission. Clerk - Peterson told of the upcoming voter registration deadline and available options for voting in the October 5 election. XIV. EXECUTIVE SESSION See item F. XV. ADJOURNMENT A motion was made by Christianson to ADJOURN. Hearing no objections, the meeting ADJOURNED at 9:42pm. ATTEST: _____________________________ Sara Peterson, MMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 5

Agenda

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Meeting Agenda City and Borough Assembly Mayor Steven Eisenbeisz Deputy Mayor Thor Christianson, Vice Deputy Mayor Valorie Nelson, Kevin Knox, Kevin Mosher, Crystal Duncan, Rebecca Himschoot Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, August 24, 2021 6:00 PM Assembly Chambers REGULAR MEETING I CALL TO ORDER II. FLAG SALUTE III. ROLL CALL IV. CORRESPONDENCE/AGENDA CHANGES 21-133 Reminders, Calendars, and General Correspondence Attachments: Calendars Reminders Service Award Dittmar V. CEREMONIAL MATTERS None. VI. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Municipal Departments, School District, Students and Guests (five minute time limit) VII. PERSONS TO BE HEARD Public participation on any item off the agenda. All public testimony is not to exceed 3 minutes for any individual, unless the mayor imposes other time constraints at the beginning of the agenda item. CITY AND BOROUGH OF SITKA Page 1 Printed on 8/20/2021 City and Borough Assembly Meeting Agenda August 24, 2021 VIII. CONSENT AGENDA All matters under Item VIII Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A 21-134 Approve the minutes of the August 10 Assembly meeting Attachments: Consent and Minutes B 21-135 Approve a retail marijuana store license renewal application for AKO Farms, LLC dba AKO Farms Direct at 1210 Beardslee Way Attachments: 01 Motion and Memos 02 19898 Sitka City-Borough Renewal Local Government Notice 03 19898 Online Application original_Redacted 04 19898 POPPP_Redacted 05 19898 Entity Documents corrected 06 19898 MJ-20 IX. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 21-136 Appoint Catherine Mohn to an unexpired term on the Health Needs and Human Services Commission Attachments: Motion and Mohn Application_Roster X. UNFINISHED BUSINESS: D ORD 21-24 Requiring use of a face covering in certain indoor settings and providing a penalty (extending expiration date) Attachments: 01 Motion Ord 2021-24 02 Ord 2021-24 Extended E ORD 21-20 Authorizing the lease of 4951 Halibut Point Road, a 17 acre portion of Lot 1, U.S. Survey 3670 Attachments: 01 Motion Ord 2021-20 Memo_4951 HPR Lease Ord 2021-20 LEASE AGREEMENT_4951 HPR XI. NEW BUSINESS: New Business First Reading CITY AND BOROUGH OF SITKA Page 2 Printed on 8/20/2021 City and Borough Assembly Meeting Agenda August 24, 2021 F ORD 21-29 Authorizing the sale of the former Sitka Community Hospital Site located at 209 Moller Drive, 202 Brady Street and 302 Gavan Street to the Southeast Alaska Regional Health Consortium (SEARHC) (possible executive session) Attachments: 01 Motion Ord 2021-29 02 Memo Sale of Former SCH Site 03 Sale of Former SCH Site_Attachments 04 Ord 2021-29 G ORD 21-30 Authorizing the transfer/sale of a portion of City and Borough of Sitka's "Old City Shops" property located at 1410 and 1414 Halibut Point Road to the Sitka Community Land Trust (SCLT) for an affordable housing project that is not subject to competitive bid and is available to all regardless of ethnicity (possible executive session) Attachments: 01 Motion Ord 2021-30 02 Memo Transfer of 1410 and 1414 HPR to SCLT 03 Transfer of 1410 and 1414 HPR to SCLT_Attachments 04 Ord 2021-30 H ORD 21-27 Amending Title 22 "Zoning" of the Sitka General Code by modifying Chapter 22.16 "District Regulations" for the Recreation District Attachments: 01 Motion Ord 2021-27 02 Memo Recreation Zoning Text Amendment 03 Ord 2021-27 I ORD 21-28 Amending the official Sitka Zoning Map to rezone 4951 Halibut Point Road from Single-Family and Duplex Residential (R-1) to Recreation District (R) Attachments: 01 Motion Ord 2021-28 02 Memo 4951 HPR Rezone 03 Ord 2021-28 and Exhibit A XII. PERSONS TO BE HEARD: Public participation on any item on or off the agenda. Not to exceed 3 minutes for any individual. XIII. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other XIV. EXECUTIVE SESSION CITY AND BOROUGH OF SITKA Page 3 Printed on 8/20/2021 City and Borough Assembly Meeting Agenda August 24, 2021 XV. ADJOURNMENT Note: Detailed information on these agenda items can be found on the City website at https://sitka.legistar.com/Calendar.aspx or by contacting the Municipal Clerk's Office at City Hall, 100 Lincoln Street or 747-1811. A hard copy of the Assembly packet is available at the Sitka Public Library. Regular Assembly meetings are livestreamed through the City's website, aired live on KCAW FM 104.7, and broadcast live on local television channel 11. To receive Assembly agenda notifications, sign up with GovDelivery on the City website. Sara Peterson, MMC, Municipal Clerk Publish: August 20 CITY AND BOROUGH OF SITKA Page 4 Printed on 8/20/2021

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