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, September 12, 2023 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL Present: 6 - Christianson, Mosher, Eisenbeisz, Ystad, Pike, and Carlson Absent: 1 - Duncan V. CORRESPONDENCE/AGENDA CHANGES Item J pulled. 23-117 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) 23-106 Update - Airport Terminal Improvement Project Municipal Engineer Michael Harmon and Project Architect Garrett Burtner provided a project status briefing on the Rocky Gutierrez Airport Terminal Improvements Project: CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final September 12, 2023 project progress, revised design rendering and floor plans, and Phase 1 construction. VIII. PERSONS TO BE HEARD Richard Wein wished Interim School Superintendent Steve Bradshaw a speedy recovery, spoke in remembrance of 9/11, and told of SEARHC ceasing home health care. IX. CONSENT AGENDA A motion was made by Mosher that the Consent Agenda consisting of items A & B be APPROVED. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Ystad, Pike, and Carlson Absent: 1- Duncan A 23-107 Approve the minutes of the August 22 Assembly meeting This item was APPROVED ON THE CONSENT AGENDA. B 23-108 Approve the following marijuana license renewal applications and forward to the Marijuana Control Board without objection: 1) Standard marijuana cultivation facility license renewal applications submitted by AKO Farms, LLC at 1210 Beardslee Way and AKO Farms, LLC dba AKO 2 at 213 Price Street, and 2) A retail marijuana store license renewal application submitted by AKO Farms, LLC dba AKO Farms Direct at 1210 Beardslee Way, and 3) A marijuana concentrate manufacturing facility license renewal application submitted by AKO Farms, LLC at 1210 Beardslee Way This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 23-109 Appoint 1) Woody Widmark to a three-year term on the Health Needs and Human Services Commission 2) Steve Black to a three-year term on the Park and Recreation Committee, and reappoint 1) Ben Hughey to a three-year term on the Parks and Recreation Committee Richard Wein thanked applicants for serving. A motion was made by Ystad that this Item be APPROVED. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Ystad, Pike, and Carlson Absent: 1- Duncan CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final September 12, 2023 D 23-111 Appoint one to the Planning Commission: 1) Robin Sherman, 2) Chris Spivey, 3) Jeremy Twaddle Robin Sherman, Chris Spivey, and Jeremy Twaddle were nominated. From the public, Richard Wein commented. Planning Commissioners Stacy Mudry and Darrell Windsor asked the Assembly to support applicants with experience. Chris Spivey expressed regret at resigning and wished to continue serving. Ystad disclosed Twaddle was his previous employer, however, he stated he could act unbiasedly. A round of voting ensued. Sherman received five votes and was appointed. Twaddle received one vote. XI. UNFINISHED BUSINESS: E ORD 23-20 Amending Title 2 “Administration,” Chapter 2.04 “City and Borough Assembly” of the Sitka General Code by updating Sections 2.04.190 “Salaries and compensation” and 2.04.195 “Salaries for assembly members and mayor” Richard Wein and Valorie Nelson spoke in opposition. A motion was made by Mosher that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Ystad, Pike, and Carlson Absent: 1- Duncan XII. NEW BUSINESS: F RES 23-25 Authorizing the Municipal Administrator to apply for the US Department of Energy Grid Deployment Office Section 247: maintaining and enhancing hydroelectricity incentive program for the Green Lake Rehabilitation Phase II and III project Municipal Administrator John Leach and Generation System Manager Kord Christianson provided an overview of the funding opportunity. Richard Wein commented. A motion was made by Christianson that this Resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Ystad, Pike, and Carlson Absent: 1- Duncan G 23-114 Approve a Consent to Assignment of Lease between the City and Borough of Sitka, McG Constructors, Inc. and Colaska, Inc. dba Secon for Granite Creek Lease Areas 2 and 3 CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final September 12, 2023 Ron Vinson, Public Works Director, provided background information and noted both parties were in good standing with regulatory bodies and with past and current financial engagements. Municipal Attorney Brian Hanson stated the reassignment was contractually and legally allowed. A motion was made by Ystad that this Item be APPROVED. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Ystad, Pike, and Carlson Absent: 1- Duncan H 23-113 Discussion/Direction/Decision of a Class III tideland lease filed by Evergreen Properties, LLC at 2309 Halibut Point Road Planning Director Amy Ainslie provided an overview of the tideland lease, noting that 75% was filled and 25% submerged tidelands. The applicant owned the upland property and intended to continue using the uplands and tidelands property as a mobile/manufactured home park. Ainslie relayed that the Planning Commission had recommended approval of the lease with the condition it continue to be used as a manufactured home park. The Assembly discussed and determined competitive bidding was inappropriate, desired a 30-year term at 5% of the assessed value, and wished to include a condition the property be used as a trailer park. I 23-110 Discussion/Direction/Decision on whether to proceed with a lease of municipal property on Jarvis Street for use as a community garden Planning Director Amy Ainslie summarized the community garden proposal by two local nonprofit groups for the property on Jarvis Street. She explained direction was needed on whether to proceed with the leasing process and whether competitive bidding was appropriate. The item was discussed, and direction was given to proceed with a lease and work with the Municipal Attorney to determine if there was a way to move forward without competitive bidding. If not, then an RFP would be developed with the item brought back to the Assembly for terms and conditions. It was also requested bonding be required and there be security and lighting at the site. J 23-115 Authorize the Municipal Administrator to pursue a funding opportunity and advocate to the Department of Energy for Advanced District Energy Heating from Renewable Resources and expanded supervisory control of the electrical system The item was PULLED. K 23-112 Decision on whether to allow sales tax free day(s) following the Thanksgiving holiday and set date(s) Eisenbeisz recused himself. A motion was made by Christianson to authorize November 24 and November 25 as Sales Tax Free Days for 2023 noting the sales tax free days will not be CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final September 12, 2023 applicable to any sale of fuel, alcoholic beverages, tobacco products, and marijuana, nor affect any sale which is part of a continuing obligation of the buyer to pay the seller over time. The motion PASSED by the following vote. Yes: 5- Christianson, Mosher, Ystad, Pike, and Carlson Absent: 1- Duncan Recused: 1- Eisenbeisz XIII. PERSONS TO BE HEARD: Joel Hanson and Kent Barhau thanked the Assembly for supporting of the community garden project. Richard Wein spoke of agenda items, the ceasing of home health services, and dependency on fossil fuel. Austin Cranford spoke on agenda items and traffic laws enforcement. XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Administrator - Leach announced that the Southeast Conference was to be hosted in Sitka the week of September 18. Attorney - Hanson announced he would be out September 18 and 19. Liaison Representatives - Carlson reported on the Tourism Task Force and Ystad on the Parks and Recreation Committee. Clerk - Peterson reviewed voting options for eligible voters. XV. EXECUTIVE SESSION L 23-116 Airport Terminal Building Lease with the State of Alaska A motion was made by Mosher to go into executive session to discuss the Sitka Rocky Gutierrez Airport Terminal Building lease with the State of Alaska, the immediate knowledge of which would adversely affect the finances of the municipality, and invite in Finance Director, Melissa Haley and Public Works Director, Ron Vinson. The motion PASSED by the following vote. Yes: 6 - Eisenbeisz, Christianson, Ystad, Mosher, Carlson, and Pike Absent: 1 - Duncan The Assembly was in executive session from 8:09 p.m. to 8:32 p.m. A motion was made by Christianson to reconvene as the Assembly in regular session. The motion PASSED by a unanimous voice vote. XVI. ADJOURNMENT A motion was made by Mosher to ADJOURN. Hearing no objections, the CITY AND BOROUGH OF SITKA Page 5 City and Borough Assembly Minutes - Final September 12, 2023 meeting ADJOURNED at 8:33 p.m. ATTEST: ___________________________ Sara Peterson, MMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 6