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City and Borough Assembly

Regular Meeting

Sitka, AK · July 11, 2023

AgendaMinutes

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 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, July 11, 2023 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL Present: 5 - Christianson, Mosher, Eisenbeisz, Ystad, and Carlson Absent: 2 - Duncan, and Pike V. CORRESPONDENCE/AGENDA CHANGES No agenda changes. 23-088 Reminders, Calendars, and General Correspondence VI. CEREMONIAL MATTERS 23-087 Citation - Commemorating the 25th anniversary of the Memorandum of Understanding between the Sitka Tribe of Alaska and the City and Borough of Sitka Mayor Eisenbeisz and Tribal Council Chairman Lawrence Widmark read and presented a citation and proclamation in celebration of the 25th anniversary of the Memorandum of Understanding between the Sitka Tribe of Alaska and the City and Borough of Sitka. CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final July 11, 2023 VII. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Municipal Departments, School District, Students and Guests (five minute time limit) Interim Sitka School District Superintendent Steve Bradshaw introduced himself. VIII. PERSONS TO BE HEARD Richard Wein welcomed Steve Bradshaw and spoke about cruise ship head tax amounts. Valorie Nelson offered that Sitka was excluded from being allowed to collect head tax. IX. CONSENT AGENDA A motion was made by Mosher that the Consent Agenda consisting of item A be APPROVED. The motion PASSED by the following vote. Yes: 5- Christianson, Mosher, Eisenbeisz, Ystad, and Carlson Absent: 2- Duncan, and Pike A 23-084 Approve the June 13 and June 27 Assembly minutes This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS B 23-085 Reappoint 1) Mary Ann J. Hall to a three-year term on the Local Emergency Planning Committee (Category - Members of the Public) and 2) Bert Stedman to a three-year term on the Investment Committee From the public, Richard Wein thanked the applicants. A motion was made by Christianson that this Item be APPROVED. The motion PASSED by the following vote. Yes: 5- Christianson, Mosher, Eisenbeisz, Ystad, and Carlson Absent: 2- Duncan, and Pike XI. UNFINISHED BUSINESS: C ORD 23-13 Amending Title 6 “Business Licenses and Regulations” of the Sitka General Code by updating Chapter 6.19.030 “Permit Required for Commercial Operations Involving Organized Excursions in Areas Subject to this Chapter” Richard Wein commented. A motion was made by Ystad that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Mosher, Eisenbeisz, Ystad, and Carlson CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final July 11, 2023 Absent: 2- Duncan, and Pike XII. NEW BUSINESS: D 23-086 Board of Adjustment: Request for reconsideration, under the Zoning Code, of the conditional use permit approved to Youth Advocates of Sitka for a quasi-institutional home at 3411 Halibut Point Road. The request is filed by Carolyn Black and surrounding neighbors of 3411 Halibut Point Road. Eisenbeisz announced the Board of Adjustment (BOA) reconsideration item. Ystad was reminded, if the BOA chose to reconsider, he could not participate because he was not a party to the original decision on June 13. Municipal Attorney, Brian Hanson, clarified the first decision for the BOA was to decide whether to grant the reconsideration or deny the reconsideration. Further, a final decision could only be reconsidered if the requestor showed satisfactorily that there had been some fact or law that had been overlooked in the original decision. A motion was made by Christianson to CONVENE as the Board of Adjustment. The motion PASSED by the following vote. Yes: 4 - Carlson, Mosher, Eisenbeisz, and Christianson Non-voting: 1- Ystad Absent: 2 - Pike and Duncan The Assembly commented nothing had changed from the original decision and there was nothing new to reconsider. A motion was made by Christianson to DENY the request for reconsideration. The motion PASSED by the following vote. Yes: 4 - Mosher, Eisenbeisz, Carlson, and Christianson Non-voting: 1- Ystad Absent: 2 - Pike and Duncan A motion was made Mosher to RECONVENE as the Assembly in regular session. The motion PASSED by a unanimous voice vote. E ORD 23-14 Amending Title 4 “Revenue and Finance” of the Sitka General Code by updating Chapter 4.09 “Sales Tax” Administrator Leach stated the seasonal sales tax had sunset due to sufficient revenue earned to pay off the debt service on school bonds. This ordinance would remove the seasonal sales tax language from Sitka General Code. Richard Wein commented. A motion was made by Mosher that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final July 11, 2023 Yes: 5- Christianson, Mosher, Eisenbeisz, Ystad, and Carlson Absent: 2- Duncan, and Pike F ORD 23-15 Proposing to amend Title 4 “Revenue and Finance”, Chapter 4.09 “Sales Tax”, of the Sitka General Code by adding a seasonal sales tax increase of one additional percentage point in section 4.09.010 “Levy of sales tax” and adding section 4.09.120 “Exemption from seasonal sales tax increase”; and, submitting the question of such an amendment to the qualified voters at the regular election on October 3, 2023 Cosponsors Eisenbeisz and Mosher stated this ballot proposition, if approved by the voters, would put a mechanism in place to fund school buildings. From the public, Richard Wein commented. Keith Brady and Blossom Teal-Olsen spoke in support. Shirley Robards was opposed. A motion was made by Mosher that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 5- Christianson, Mosher, Eisenbeisz, Ystad, and Carlson Absent: 2- Duncan, and Pike G ORD 23-16 Proposing to amend Article II “The Assembly”, Section 2.11 “Prohibitions”, of the Home Rule Charter of the City and Borough of Sitka, by permitting school board members to hold municipal employment, other than with the school district, during their term of office and the year after vacating office; and, submitting the question of such an amendment to the qualified voters at a regular election on October 3, 2023 Cosponsor Mosher explained the Sitka Home Rule Charter prohibited municipal employees from serving on the Sitka School Board. From the public, Richard Wein commented and Blossom Teal-Olsen spoke in support. A motion was made by Christianson that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 5- Christianson, Mosher, Eisenbeisz, Ystad, and Carlson Absent: 2- Duncan, and Pike XIII. PERSONS TO BE HEARD: Richard Wein spoke of the 25th anniversary of the Memorandum of Understanding between the Sitka Tribe of Alaska and the City and Borough of Sitka and requested status reports of City projects. Audrey Hudson offered comments on the two ballot propositions. XIV. REPORTS CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final July 11, 2023 a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Administrator - Leach read a "Letter to the Editor" regarding a visitor transporation experience and announced there would be a town hall meeting July 18 to talk about the taxicab code rewrite. Liaison Representatives - Carlson announced the Tourism Task Force would convene July 12. Clerk - Peterson read through the board/commission vacancy list and mentioned the candidate filing period and vacancies to be filled in the October 3 municipal election. XV. EXECUTIVE SESSION None. XVI. ADJOURNMENT A motion was made by Christianson to ADJOURN. Hearing no objections, the meeting ADJOURNED at 7:35pm. 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 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, July 11, 2023 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL V. CORRESPONDENCE/AGENDA CHANGES 23-088 Reminders, Calendars, and General Correspondence Attachments: Reminders and Calendars HCH Quarterly Report 2023 VI. CEREMONIAL MATTERS 23-087 Citation - Commemorating the 25th anniversary of the Memorandum of Understanding between the Sitka Tribe of Alaska and the City and Borough of Sitka Attachments: Citation - 25th Anniversary. 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 Printed on 7/7/2023 City and Borough Assembly Meeting Agenda July 11, 2023 VIII. 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. IX. CONSENT AGENDA All matters under Item IX 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 23-084 Approve the June 13 and June 27 Assembly minutes Attachments: Consent and Minutes X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS B 23-085 Reappoint 1) Mary Ann J. Hall to a three-year term on the Local Emergency Planning Committee (Category - Members of the Public) and 2) Bert Stedman to a three-year term on the Investment Committee Attachments: Motion Hall LEPC Stedman Investment XI. UNFINISHED BUSINESS: C ORD 23-13 Amending Title 6 “Business Licenses and Regulations” of the Sitka General Code by updating Chapter 6.19.030 “Permit Required for Commercial Operations Involving Organized Excursions in Areas Subject to this Chapter” Attachments: Motion Ord 2023-13 02 Memo Ord 2023-13 03 Ord 2023-13 XII. NEW BUSINESS: CITY AND BOROUGH OF SITKA Page 2 Printed on 7/7/2023 City and Borough Assembly Meeting Agenda July 11, 2023 D 23-086 Board of Adjustment: Request for reconsideration, under the Zoning Code, of the conditional use permit approved to Youth Advocates of Sitka for a quasi-institutional home at 3411 Halibut Point Road. The request is filed by Carolyn Black and surrounding neighbors of 3411 Halibut Point Road. Attachments: BOA Procedures 0-Memo_YAS Appeal CUP Reconsideration 1-Reconsideration Process Flow Chart 2-Motion Sheet 3-Request for Reconsideration 4-Draft Board of Adjustment Decision 6.13.23 5-Appeal Hearing Materials E ORD 23-14 Amending Title 4 “Revenue and Finance” of the Sitka General Code by updating Chapter 4.09 “Sales Tax” (1st reading) Attachments: Motion Ord 2023-14 Ord 2023-14 F ORD 23-15 Proposing to amend Title 4 “Revenue and Finance”, Chapter 4.09 “Sales Tax”, of the Sitka General Code by adding a seasonal sales tax increase of one additional percentage point in section 4.09.010 “Levy of sales tax” and adding section 4.09.120 “Exemption from seasonal sales tax increase”; and, submitting the question of such an amendment to the qualified voters at the regular election on October 3, 2023 (1st reading) Attachments: Motion Ord 2023-15 Memo Ballot Prop Seasonal Sales Tax FINAL Ord 2023-15 G ORD 23-16 Proposing to amend Article II “The Assembly”, Section 2.11 “Prohibitions”, of the Home Rule Charter of the City and Borough of Sitka, by permitting school board members to hold municipal employment, other than with the school district, during their term of office and the year after vacating office; and, submitting the question of such an amendment to the qualified voters at a regular election on October 3, 2023 (1st reading) Attachments: Motion Ord 2023-16 Memo Municipal Employees School Board Ord 2023-16 Legal Opinions XIII. PERSONS TO BE HEARD: Public participation on any item on or off the agenda. Not to exceed 3 minutes for any individual. CITY AND BOROUGH OF SITKA Page 3 Printed on 7/7/2023 City and Borough Assembly Meeting Agenda July 11, 2023 XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other XV. EXECUTIVE SESSION Not anticipated. XVI. 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 and Special Assembly meetings are livestreamed through the City's website and YouTube channel, and aired live on KCAW FM 104.7. To receive Assembly agenda notifications, sign up with GovDelivery on the City website. Sara Peterson, MMC, Municipal Clerk Publish: July 7 CITY AND BOROUGH OF SITKA Page 4 Printed on 7/7/2023

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