City and Borough Assembly

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 Kevin Knox, Vice Deputy Mayor Kevin Mosher, Thor Christianson, Crystal Duncan, Rebecca Himschoot, David Miller Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, October 11, 2022 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL Outgoing Assembly Member Knox presided through Unfinished Business. Mayor Eisenbeisz (re-elected) and Assembly Members Ystad and Christianson (re-elected) were sworn in at the beginning of New Business and presided through the remainder of the meeting. Present: 8 - Christianson, Knox, Mosher, Eisenbeisz, Himschoot, Duncan, Miller, and Ystad V. CORRESPONDENCE/AGENDA CHANGES Himschoot wondered about postponing item J until the next meeting when an appointment would be made to fill Miller's seat. Eisenbeisz reminded Code stated appointments were to be made at this meeting. 22-151 Reminders, Calendars, and General Correspondence VI. CEREMONIAL MATTERS 22-139 Resolution 2022-27: Reaffirming the second Monday in October as Indigenous People's Day Eisenbeisz read in its entirety, Resolution 2022-27, reaffirming the second Monday in October as Indigenous People's Day. CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final October 11, 2022 VII. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Municipal Departments, School District, Students and Guests (five minute time limit) 22-140 Tourism Survey - Planning and Community Development Director Amy Ainslie, Planning and Community Development Director, encouraged citizens to complete the end-of-season tourism survey. Ainslie told of the October 27 joint work session with the Assembly and Planning Commission to review the season and plan for 2023. VIII. PERSONS TO BE HEARD Richard Wein stated economic issues were important especially since Sitka was at the mercy of economic tides. Carin Adickes expressed concern the Sitka Police Department was no longer checking out live traps because the Animal Control Officer position was vacant. IX. CONSENT AGENDA A 22-141 Approve the September 22 and September 27 Assembly meeting minutes A motion was made by Mosher that this Item be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Knox, Mosher, Eisenbeisz, Himschoot, Duncan, and Miller Non-voting: 1- Ystad X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS See items F & G. XI. UNFINISHED BUSINESS: B 22-142 Approve the Municipal Clerk's Certificate of Election A motion was made by Himschoot to formally accept the Certificate of Election for the October 4, 2022 Regular Municipal Election according to the results set forth in the attached election certification prepared by the Municipal Clerk and request that the official tally be included in the minutes as part of the permanent record. The motion PASSED by the following vote. Yes: 7- Christianson, Knox, Mosher, Eisenbeisz, Himschoot, Duncan, and Miller Non-voting: 1- Ystad C 22-150 Recognize outgoing Assembly Member(s) - followed by a short recess The Assembly recognized outgoing Assembly Member Kevin Knox for his service. CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final October 11, 2022 XII. NEW BUSINESS: D 22-143 Oath of Office - Newly Elected Officials Chris Ystad and Thor Christianson were sworn in as Assembly Members for three-year terms. Steven Eisenbeisz was sworn in for a two-year term as Mayor. E 22-147 Approve the 2022-2025 Public Safety Employees Association (PSEA) Collective Bargaining Agreement Kimberly Geariety, the labor negotiator, noted this was the fourth and final contract for labor negotiations and provided a summary. Duncan disclosed her nephew worked at the Police Department. From the public, Richard Wein reminded employee retention was difficult and said the support of public safety was important. He told of the $508k cost over three years and hoped there would be funds available to remain competitive. Assembly members thanked Geariety, the staff, and the union for their work. A motion was made by Christianson that this Item be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Himschoot, Duncan, Miller, and Ystad Non-voting: 1- Knox F 22-149 Appoint Kevin Knox to a three-year term on the Parks and Recreation Committee A motion was made by Himschoot that this Item be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Himschoot, Duncan, Miller, and Ystad Non-voting: 1- Knox G 22-144 Appoint seven members to the Sustainability Commission: 1) Elizabeth Bagley, 2) Kent Barkhau, 3) Angela Bowers, 4) Kord Christianson, 5) Erik de Jong, 6) Katie Riley, 7) Aurora Taylor, 8) Carol Voisin, 9) Fernanda Zermoglio Christianson disclosed his brother was an applicant but believed he could be unbias. Eisenbeisz ruled Christianson could participate. Duncan nominated Elizabeth Bagley, Kent Barkhau, Angela Bowers, Kord Christianson, Erik de Jong, Katie Riley, Aurora Taylor, Carol Voisin, and Fernanda Zermoglio to serve on the Sustainability Commission. From the public, Joel Hanson spoke in support of Barkhau, Bowers, Christianson, Zermoglio, and de Jong. Katie Riley thanked Kord Christianson, a city employee and applicant. If not appointed, Riley hoped Christianson could serve as a liaison. Scott Saline wondered about possible conflicts with a city employee serving. CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final October 11, 2022 Zermoglio told of her time in Sitka and desire to serve. Duncan, referenced the establishing ordinance that the Commission include, to the extent possible, at least one individual with background or training as a sustainability professional and at least one individual of Alaska Native heritage with an understanding and appreciation of the historical importance of sustainability on Tlingit Aaní. She wondered how the Assembly was to determine these requirements from the information submitted. Himschoot reminded Sitka Tribe of Alaska had expressed a desire to have dedicated seats on boards/commissions and this was a way to meet that request. A vote of the Assembly was taken for the seven available seats: Bagley - 7 votes Barkhau - 5 votes Bowers - 7 votes Christianson - 0 votes de Jong - 4 votes Riley - 7 votes Taylor - 7 votes Voisin - 5 votes Zermoglio - 7 votes The seven applicants appointed to serve on the Sustainability Commission were: Bagley, Barkhau, Bowers, Riley, Taylor, Voisin, and Zermoglio H 22-148 Board of Adjustment: Consideration of an appeal filed by John Leach, Municipal Administrator, of the Planning Commission’s decision made September 21, 2022, regarding case file V 22-15, a request for a platting variance at 300 Kramer Avenue as filed by Todd Fleming A motion was made by Christianson to convene as the Board of Adjustment. The motion PASSED by unanimous consent. Municipal Attorney Brian Hanson indicated he represented the Assembly and reviewed the duties of the Board of Adjustment. Eisenbeisz provided an overview of the hearing process. Ystad disclosed at one time he was employed by Jeremy Twaddle who had co-owned Sound Development with Todd Fleming. Staff Presentation Planning Director, Amy Ainslie, relayed her recommendation to the Planning Commission ("Commission") had been to deny the platting variance. In light of their decision to approve the request, her focus would be on representing the majority decision as made by the Commission. She told of SGC 21.04.030(B) stating no more than four lots could be served by private utility easements. Through previous platting variances, eight lots had been approved to be served by a private sewer line. Ainslie relayed the Commission had confidence in the construction of the line, breaks/maintenance needs could be handled by private property owners, and believed precedence had been set by the granting of previous platting variances. The applicant had stated if the variance was granted, the gravity sewer line would be installed, but if denied, future property owners would be responsible. Commissioners believed granting the variance would lessen the development burden for future property owners. Appellant Presentation Municipal Administrator, John Leach, stated SGC 21.48.010 listed the required findings that must be made by the Commission for a platting variance to be granted: 1) the CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final October 11, 2022 granting of a platting variance will not be detrimental to the public safety, or welfare, or injurious to adjacent property, and 2) the tract to be subdivided is of such unusual size and shape or topographical conditions that strict application of the requirements of this title will result in undue and substantial hardship to the owner of the property. Leach believed neither finding could be found. Leach stated the private utility currently had approval for eight lots to be connected to it. Further expansion would set a dangerous precedent for future development, marginalize the intended purpose of the Code, and encourage circumvention of the major subdivision process. Leach stated further expansion of the utility posed a risk to neighboring properties and city infrastructure that the applicant had not sufficiently addressed. He added it was the responsibility of property owners to maintain the private line. Leach continued by saying in the event of an urgent/catastrophic failure, the inability of a large group of homeowners to organize and mobilize could result in pressure for the City to complete repairs at the expense of ratepayers, and/or adopt the line as city infrastructure. He reminded the applicant had also stated at the September 21 Commission meeting that the sanitary sewer pump was the lower cost option for development. Finally, Leach stated the approval for eight lots to be connected to the current private utility was approved because the land in question was under the control of a single developer, and was not seen as suitable for a major subdivision due to size and topography. The three lots considered in the current platting variance application were well situated to public infrastructure given they front a municipal right-of-way which did not meet the requirement of "substantial hardship to the owner of the property." Public Comment Applicant Todd Fleming stated the existing line had been designed by a professional engineer to meet major subdivision code requirements and spoke to costs for homeowners. Richard Wein urged the Assembly to help developers. Chris Spivey, Commission Chair, told of trust in developers, spoke to precedence previously set, and said the City hadn't always developed land well. Darrell Windsor, Commission Member, stated facts and findings were discussed and there was no need for a Commission if the intent was to go by the books. Michael Tisher, the initial sewer line developer, believed the City would accept the line for future development and reminded the lack of sewer access had been a problem with developing lots on Kramer Avenue. Staff Rebuttal or Clarifying Statements Ainslie answered questions of the Assembly including assessment values along Kramer Avenue and the location of the Kramer sewer main. Appellant Rebuttal or Clarifying Statements Leach said the appeal was not related to the acceptance of infrastructure and clarified the appeal was not stopping development. Assembly Deliberation Members discussed the complexities, expressed concern for the long term, and risk management. Ystad spoke in support of the Commission's decision to grant the variance. Christianson, while supportive of staff, also was supportive of the Commission and wondered about a bond or repair fund. In response to a motion made to grant the appeal, thereby overturning the variance, citizens Richard Wein and Chris Spivey spoke. Wein said the Assembly should side with the Commission and allow the developers to move forward. Spivey urged the Assembly to revisit the reasons for the Commission's decision. A motion was made by Mosher to GRANT the appeal filed by John Leach, Municipal Administrator, of the Planning Commission’s decision made CITY AND BOROUGH OF SITKA Page 5 City and Borough Assembly Minutes - Final October 11, 2022 September 21, 2022, regarding case file V 22-15, a request for a platting variance at 300 Kramer Avenue as filed by Todd Fleming. The motion PASSED by the following vote. Yes: 5- Mosher, Eisenbeisz, Himschoot, Duncan, and Miller No: 2- Christianson, and Ystad Non-voting: 1- Knox A motion was made by Mosher to reconvene as the Assembly in regular session. The motion PASSED by unanimous consent. I 22-145 Formally accept the resignation of Assembly Member David Miller and determine the procedure for filling the vacant seat A motion was made by Miller to formally accept the resignation of Assembly Member David Miller and determine the procedure for filling the vacant seat. The motion PASSED by the following vote. Yes: 7 - Himschoot, Ystad, Duncan, Mosher, Eisenbeisz, Miller, and Christianson Non-voting: 1 - Knox From the public, Richard Wein thanked Miller for his service. Members expressed appreciation to Miller. Miller applauded city staff for their work. A discussion ensued on how to fill the vacancy. A motion was made to request the Municipal Clerk to advertise the vacancy. From the public, Carin Adickes, Carolyn Evans, and Shirley Robards supported filling the vacant seat with the third highest vote getter in the municipal election, Richard Wein. Krystinn Scheller suggested if there was another vacancy to occur, the Assembly fill it with the next runner up, if that was the method chosen this time. Richard Wein stated a letter of intent was not democracy. A motion was made by Christianson to request the Municipal Clerk, through the Municipal Administrator, to 1) advertise for letters of interest October 12 through noon on October 24 and 2) place an item on the October 25 agenda to appoint an Assembly Member to fill the vacant seat until the next regular election when a successor is elected and qualified to fill the remainder of the term. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Himschoot, Duncan, Miller, and Ystad Non-voting: 1- Knox J 22-146 Assignments: Deputy Mayor, Vice-Deputy Mayor, and Assembly Liaisons Mosher was nominated for Deputy Mayor. Hearing no other nominations, Mosher was appointed. Duncan was nominated for Vice Deputy Mayor. Hearing no other nominations, Duncan was appointed. The following liaison appointments were made: Bear Task Force - vacant Gary Paxton Industrial Park Board - Ystad / Christianson CITY AND BOROUGH OF SITKA Page 6 City and Borough Assembly Minutes - Final October 11, 2022 Health Needs and Human Services Commission - Duncan / Mosher Historic Preservation Commission - Himschoot / Christianson Investment Committee - Christianson / Eisenbeisz Library Commission - Duncan Local Emergency Planning Commission - Mosher / Duncan Parks and Recreation Committee - Duncan / Ystad Planning Commission - Christianson / Ystad Police and Fire Commission - Himschoot / Mosher Port and Harbors Commission - Ystad Sustainability Commission - Mosher / Himschoot Tree and Landscape Committee - Himschoot SEDA - Eisenbeisz Sitka Tribe of Alaska - Eisenbeisz School Board - Himschoot / Mosher XIII. PERSONS TO BE HEARD: Richard Wein noted the economy was shaping up to be very difficult and spoke to developing plans for tourism. XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Mayor - Eisenbeisz told of Indigenous People's Day events at the University of Alaska Southeast Sitka. Clerk - Peterson thanked staff and election workers for a job well done in conducting the Municipal Election. XV. EXECUTIVE SESSION None. XVI. ADJOURNMENT A motion was made by Christianson to ADJOURN. Hearing no objections, the meeting ADJOURNED at 10:10pm. ATTEST: _______________________________________ Sara Peterson, MMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 7