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 Mosher, Vice Deputy Mayor Crystal Duncan, Thor Christianson, Chris Ystad, Timothy Pike, JJ Carlson Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, June 13, 2023 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL A moment of silence was held for those lost in the recent boating accident. Present: 5 - Christianson, Mosher, Eisenbeisz, Duncan, and Pike Absent: 1 - Ystad Remote: 1 - Carlson V. CORRESPONDENCE/AGENDA CHANGES No agenda changes. 23-079 Reminders, Calendars, and General Correspondence VI. CEREMONIAL MATTERS None. VII. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Municipal Departments, School District, Students and Guests (five minute time limit) CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final June 13, 2023 None. VIII. PERSONS TO BE HEARD Richard Wein commented on the wildlife conservancy lawsuit, Christian Fabian on the Sitka Police Department, and Lakota Harden on supporting youth. IX. CONSENT AGENDA Richard Wein commented on the millage rate. A motion was made by Duncan that the Consent Agenda consisting of items A & B be APPROVED. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad A 23-074 Approve the minutes of the May 9 and May 23 Assembly meetings This item was APPROVED ON THE CONSENT AGENDA. B RES 23-22 Setting the millage rates for the fiscal year July 1, 2023 through June 30, 2024 This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 23-075 Appoint Rachel Worthey to an unexpired term on the Health Needs and Human Services Commission and a three-year term on the Library Commission Richard Wein commented. Eisenbeisz thanked Worthey for applying. A motion was made by Christianson that this Item be APPROVED. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad XI. UNFINISHED BUSINESS: D 23-065 (Postponed from 5/9 meeting) Board of Adjustment: Consideration of an appeal filed by Youth Advocates of Sitka for the Planning Commission's denial of a conditional use permit for a quasi-institutional group residence at 3411 Halibut Point Road A motion was made by Christianson to convene as the Board of Adjustment. The motion PASSED by the following vote. CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final June 13, 2023 Yes: 6 - Christianson, Carlson, Duncan, Pike, Mosher, and Eisenbeisz Absent: 1 - Ystad Eisenbeisz stated the item had been postponed at the May 9 meeting due to legal questions raised by the Board of Adjustment. Municipal Attorney Hanson offered opinions on matters raised regarding the timeliness of the appeal filing, citizen comments made suggesting he recuse himself as the attorney, reminded of ex-parte communication and disclosure, and provided procedural advice. Hanson mentioned the legal opinion provided by outside counsel, JDO Law, regarding the Planning Commission's denial of the conditional use permit and other matters. Eisenbeisz proceeded to explain the procedures for the Board of Adjustment hearing. Staff presentation Amy Ainslie, Planning and Community Development Director provided the staff presentation. Appellant presentation Heather Meuret, Executive Director of Youth Advocates of Sitka (YAS), presented. Meuret provided paper copies of YAS policies for music, quiet hour expectations, the Hanson House Resident Handbook, and correspondence from Keith Brady of Baranof Keller Realty Alaska Group addressing concerns about decreased property values near the location of the proposed group home. Public testimony Richard Wein suggested the permit be remanded back to the Planning Commission. Those speaking in opposition to granting the appeal were Valorie Nelson, Brit Galanin, Mary Magnuson, Roy Mitchell, Carolyn Black, Mary Todd Andersen, Amanda Johnson, Steve Black, and Heather Branch. Speaking in support were Tori O'Connell Curran, Martina Kurzer, Eric Jordan, Kathy Newman, Kari Paustian, Wendy Leverett, Susan Jensen, Rachel Jones, Mary Stevens, Heather Chandler, Brendan Jones, Morgan Carlson, and Shauna Thornton. Staff rebuttal, response, clarifying statements None. Appellant rebuttal, response, clarifying statements Meuret provided written notice of YAS's request for Reasonable Accommodation under the Fair Housing Act. Board of Adjustment deliberation Contrary to the Planning Commission's decision, members believed the findings outlined in Sitka General Code for approving a conditional use permit had been met. Members discussed limiting the number of residents in unit A to six instead of the eight requested. A motion was made by Christianson to grant the appeal and approve the conditional use permit for a quasi-institutional home at 3411 Halibut Point Road in the R-1 MH single-family, duplex and manufactured home zoning district subject to the attached conditions of approval listed in the April 2, 2023, staff CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final June 13, 2023 report for CUP 23-07 with the exception that condition number two (2) would be modified to allow only six (6) clients in Unit A instead of eight (8) clients. The property is also known as Lot 9, Subdivision of Lot 1A, U.S. Survey 2752. The request is filed by Youth Advocates of Sitka. The owners of record are Howard and Raylene Arntzen. 1.The facility shall be operated consistently with the application, narrative, and plans that were submitted with the request. 2. Dwelling unit A is limited to use by six (6) clients and unit B is limited to use by four (4) clients. 3.The Planning Commission, at its discretion and upon receipt of meritorious complaint, may schedule a public hearing at any time for the purpose of resolving issue with the request and mitigating adverse impacts on nearby property. The permit may be terminated by the Planning Commission if adequate resolution/mitigation cannot be achieved. 4.The applicant will complete a satisfactory fire/life/safety inspection prior to operation and provide documentation to the Planning Department. The motion PASSED by the following vote. Yes: 6 - Carlson, Duncan, Mosher, Eisenbeisz, Pike, and Christianson Absent: 1 - Ystad A motion was made by Mosher to make the following findings in accordance with Sitka General Code 22.30.160.C. 1. The city may use design standards and other elements in this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record that the granting of the proposed conditional use permit will not: a. Be detrimental to the public health, safety, and general welfare; b. Adversely affect the established character of the surrounding vicinity; nor c. Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located; because the property is located in a high traffic area where increased traffic and activity is unlikely to create noticeable, negative impacts on the surrounding vicinity. Further, the operational plan as submitted addressed and/or mitigated potential negative impacts. 2. The granting of the proposed conditional use permit is consistent and compatible with the intent of the goals, objectives, and policies of the comprehensive plan and any implementing regulation; specifically , comprehensive plan policy direction that encourages housing options for at-risk populations and youth engagement. 3. All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced; conditions can be monitored and enforced through required State licensure that is necessary for this use in conjunction with the conditional use permit and the opportunity for redress to the Planning Commission as required in the conditions of approval. 4. The proposed use will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety and welfare of the community from such hazard because the proposed use introduces residential use into a residential zone which the board CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final June 13, 2023 does not find to be hazardous. 5. The conditional use will be supported by, and will not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services because the property is located on a state-maintained right-of-way and served by municipally owned and maintained utilities that are adequate design to accommodate the use. 6. Burden of Proof. The applicant has the burden of proving that the proposed conditional use meets all of the criteria in subsection B of this section; the applicant has met the burden of proof by providing operational plans that adequately addressed and/or mitigated concerns regarding potential impacts to the surrounding vicinity. The motion PASSED by the following vote. Yes: 6 - Pike, Mosher, Eisenbeisz, Duncan, Carlson, and Christianson Absent: 1 - Ystad A motion was made by Mosher to reconvene as the Assembly in regular session. The motion PASSED by a unanimous voice vote. E ORD 23-09S Amending Title 6 “Business Licenses and Regulations” of the Sitka General Code by updating Chapter 6.16 “Sales on Public Property” Richard Wein commented. Cosponsors Christianson and Mosher explained the substantive changes to the substitute ordinance. A motion was made by Christianson that this substitute Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad F ORD 23-10 Making supplemental appropriations for fiscal year 2023 (E-911 Funds - Mud Bay Repeater) Richard Wein commented. A motion was made by Duncan that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad G ORD 23-11 Authorizing the lease of Sitka Marine Service Center to Seafood Producers Cooperative, a 8,400 square feet portion of Alaska Tidelands Survey No. 15 A motion was made by Christianson that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson CITY AND BOROUGH OF SITKA Page 5 City and Borough Assembly Minutes - Final June 13, 2023 Absent: 1- Ystad H ORD 23-12 Authorizing the lease of Sitka Marine Service Center to North Pacific Seafoods, Inc., a 8,400 square feet portion of Alaska Tidelands Survey No. 15 A motion was made by Duncan that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad XII. NEW BUSINESS: I RES 23-23 Affirming the month of June as Pride Month in honor of the LGBTQIA+ community Cosponsor Duncan reviewed the resolution. From the public, Eric Jordan spoke in support and Richard Wein commented. A motion was made by Duncan that this Resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad J 23-078 Consideration and award of the request for proposals submitted for the available funds in the Fisheries Enhancement Fund Eisenbeisz told of the procedural process, said $50,000 was available for disbursement and that $50,000 had been requested - $35,000 from the Sitka Sound Science Center (SSSC) and $15,000 from Alaska Longline Fisherman's Association (ALFA). Lisa Busch summarized the proposal submitted by the SSSC. Linda Behnken spoke to the ALFA proposal. Assembly Members discussed. Eisenbeisz wondered if it was possible to use a portion of the available funding to donate to the Alaska Trollers Association legal fund. From the public, Richard Wein suggested a 50/50 split for award amounts. Eric Jordan and Kent Barkhau offered support for the proposals. A motion was made by Christianson to award $35,000 to the Sitka Sound Science Center and award $15,000 to the Alaska Longline Fisherman's Association. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad K 23-076 Authorize the Municipal Administrator to apply to the Alaska Department of Health’s Healthy & Equitable Communities Round 2 Funding for the CITY AND BOROUGH OF SITKA Page 6 City and Borough Assembly Minutes - Final June 13, 2023 purchase and shipping of a 2022/2023 Ford E-Transit-350 van Administrator Leach stated this was a grant opportunity to help fund a second electric van for Public Works to use during the tourist season. Richard Wein commented. A motion was made by Mosher that this Item be APPROVED. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad L 23-077 Authorize the Municipal Administrator to submit a letter of intent to the US Department of Energy Grid Deployment Office Section 247: Maintaining and Enhancing Hydroelectricity Incentive Program for funding to support Phase 2 and 3 of the Green Lake Rehabilitation Project Administrator Leach explained the submittal was to help facilitate the rehabilitation of the Green Lake facility. Richard Wein commented. A motion was made by Duncan that this Item be APPROVED. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Duncan, Pike, and Carlson Absent: 1- Ystad XIII. PERSONS TO BE HEARD: Lisa Busch offered support for Resolution 2023-23, affirming June as Pride Month. Richard Wein commented on Resolution 2023-23, the consumer price index, and the Youth Advocates conditional use permit appeal. XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Mayor - Eisenbeisz told of meeting with Summer Music Festival personnel to explore the possibility of a Sister City opportunity in Spain. He congratulated Woody Widmark on receiving the Alaska School Activities Association Gold Lifetime Pass for his service to high school sports activities as a long-time sports official at the local, regional, and state tournament level. Administrator - Leach stated he was working on an overhaul of the taxi code. XV. EXECUTIVE SESSION None. XVI. ADJOURNMENT CITY AND BOROUGH OF SITKA Page 7 City and Borough Assembly Minutes - Final June 13, 2023 A motion was made by Christianson to ADJOURN. Hearing no objections, the meeting ADJOURNED at 10:29 p.m. ATTEST: _____________________________ Sara Peterson, MMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 8