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City and Borough Assembly

Regular Meeting

Sitka, AK · February 27, 2024

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 Timothy Pike, Thor Christianson, Chris Ystad, JJ Carlson, Scott Saline Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, February 27, 2024 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL Christianson left the meeting at 8:55 p.m. Present: 7 - Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline V. CORRESPONDENCE/AGENDA CHANGES No agenda changes. 24-030 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) Sitka School Board President Tristan Guevin explained Base Student Allocation impacts on the budget. CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final February 27, 2024 VIII. PERSONS TO BE HEARD Richard Wein expressed gratitude to Dan Etulain for his service. He wondered of the City's policy for disposal of electric vehicles and requested an update on operations at the Electric Department. Austin Cranford addressed the Peterson Street power outage. Kevin Mosher, Assembly Liaison for the Sustainability Commission, encouraged citizens to share feedback on the Sitka Community Renewable Energy Strategy through a survey available on the City's website. Tristan Guevin thanked Brian Hanson for his dedicated service as Municipal Attorney. IX. CONSENT AGENDA A motion was made by Christianson that the Consent Agenda consisting of Item A be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline A 24-025 Approve the minutes of the February 8 and February 13 Assembly meetings This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS B 24-026 Reappoint Justin Peeler to a three-year term on the Port and Harbors Commission and appoint JoAnn Huff to an unexpired term on the Tree and Landscape Committee Richard Wein commented. A motion was made by Ystad that this Item be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline XI. UNFINISHED BUSINESS: None. XII. NEW BUSINESS: C RES 24-08 Increasing Cruise Ship Tender and Security Fees for 2024, 2025, and 2026 Harbormaster Stan Eliason relayed the Port and Harbors Commission had recommended a 10% increase for the next three years. Richard Wein commented. A motion was made by Mosher that this Resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final February 27, 2024 Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline D 24-027 Approve a Successive Land Lease between the City and Borough of Sitka and the State of Alaska Department of Transportation and Public Facilities for the Sitka Airport Municipal Administrator John Leach explained changes to the lease document, specifically noting that concession revenue could remain within the Airport Terminal Fund. He emphasized following the execution of this lease, staff would move forward with renegotiating the subleases. In closing, he reminded the parking lot falls under State of Alaska jurisdiction. Richard Wein commented. A motion was made by Mosher that this Item be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline E 24-028 Discussion/ Direction/ Decision on authorizing the Municipal Administrator to execute a Memorandum of Understanding between the City and Borough of Sitka and City and Borough of Juneau regarding the Assistance to Firefighters Grants program Fire Chief Craig Warren explained the funding opportunity, stated there was no administrative fee, and said the City and Borough of Juneau would be responsible for managing the grant. A motion was made by Christianson to direct the Municipal Administrator to execute, when available, a Memorandum of Understanding between the City and Borough of Sitka (CBS) and City and Borough of Juneau (CBJ), enabling the CBJ to seek Assistance to Firefighters Grants funding on behalf of the CBS, contingent on a legal review by the Municipal Attorney. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline F 24-023 Appeal of the Municipal Clerk's response to a public records request filed by Austin Cranford on December 19, 2023 that the requested records don't exist or cannot be located Municipal Attorney Brian Hanson provided procedural advice. Appellant presentation: Austin Cranford read the records request he filed on 12/19/23 and presented his argument. Assembly Members questioned Cranford. Municipal Attorney presentation: Brian Hanson presented arguments, questioned Municipal Clerk Sara Peterson, and answered questions. Appellant response or clarifying statement: Cranford commented. Municipal Attorney response or clarifying statement: Hanson commented. Assembly Deliberation: Members discussed and agreed no evidence had been presented to grant the appeal. CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final February 27, 2024 A motion was made by Christianson that this appeal be DENIED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline G 24-024 Appeal of the Municipal Clerk's response to a public records request filed by Austin Cranford on December 20, 2023 that the requested records don't exist or cannot be located Appellant presentation: Austin Cranford read the records request he filed on 12/20/23 and presented his argument. Witness, Richard Wein testified. Assembly Members questioned Cranford. Municipal Attorney presentation: Brian Hanson presented arguments, questioned Municipal Clerk Sara Peterson, and answered questions. Appellant response or clarifying statement: Cranford commented. Municipal Attorney response or clarifying statement: Hanson commented. Assembly Deliberation: Members discussed and agreed no evidence had been presented to grant the appeal. A motion was made by Mosher that this appeal be DENIED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline XIII. PERSONS TO BE HEARD: Valorie Nelson spoke to the records request appeals, expressed disappointment in how the Assembly treated the public, and mentioned the City was without linemen. Richard Wein commented on the records request appeals and lessons learned. XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Administrator - Leach reported on a recent Alaska Municipal League Conference and meeting with Senator Sullivan. Attorney - Hanson relayed he was working remotely from Seattle and could be contacted by phone or email. Liaison Representatives - Saline commented on copier issues at the Sitka Public Library, Pike reported on the Police and Fire Commission meeting. Ystad told of topics discussed at the recent Tourism Task Force meeting. Clerk - Peterson reviewed the upcoming meeting schedule. XV. EXECUTIVE SESSION CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final February 27, 2024 H 24-029 Legal Matter: Sitka Police Department Operations A motion was made by Ystad to go into executive session to receive a verbal report from Police Chief Robert Baty concerning legal matters involving operations of the Sitka Police Department affecting the municipality. The motion PASSED by the following vote. Yes: 7 - Christianson, Carlson, Saline, Pike, Ystad, Mosher, and Eisenbeisz Austin Cranford spoke in opposition. Christianson left the meeting at 8:55 p.m. Assembly Members were in executive session from 8:58 p.m. to 10:00 p.m. A motion was made by Mosher to reconvene as the Assembly in regular session. The motion PASSED by a unanimous voice vote. XVI. ADJOURNMENT A motion was made by Ystad to ADJOURN. Hearing no objections, the meeting ADJOURNED at 10:01 p.m. 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 Timothy Pike, Thor Christianson, Chris Ystad, JJ Carlson, Scott Saline Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, February 27, 2024 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 24-030 Reminders, Calendars, and General Correspondence Attachments: Reminders and Calendars Assessing Quarterly Report Planning &Community Development Quarterly Report 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) 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. CITY AND BOROUGH OF SITKA Page 1 Printed on 2/26/2024 City and Borough Assembly Meeting Agenda February 27, 2024 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 24-025 Approve the minutes of the February 8 and February 13 Assembly meetings Attachments: Consent and Minutes X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS B 24-026 Reappoint Justin Peeler to a three-year term on the Port and Harbors Commission and appoint JoAnn Huff to an unexpired term on the Tree and Landscape Committee Attachments: Motion Peeler Port and Harbors Commission Huff Tree and Landscape XI. UNFINISHED BUSINESS: None. XII. NEW BUSINESS: C RES 24-08 Increasing Cruise Ship Tender and Security Fees for 2024, 2025, and 2026 Attachments: Motion Res 2024-08 Memo and Res 2024-08 D 24-027 Approve a Successive Land Lease between the City and Borough of Sitka and the State of Alaska Department of Transportation and Public Facilities for the Sitka Airport Attachments: Motion Airport Lease Memo Nov 23 Assembly Memo Final Lease E 24-028 Discussion/ Direction/ Decision on authorizing the Municipal Administrator to execute a Memorandum of Understanding between the City and Borough of Sitka and City and Borough of Juneau regarding the Assistance to Firefighters Grants program Attachments: Memo AFG Participant MOU DRAFT CITY AND BOROUGH OF SITKA Page 2 Printed on 2/26/2024 City and Borough Assembly Meeting Agenda February 27, 2024 F 24-023 Appeal of the Municipal Clerk's response to a public records request filed by Austin Cranford on December 19, 2023 that the requested records don't exist or cannot be located Attachments: Hearing outline PRR Cranford 121923 G 24-024 Appeal of the Municipal Clerk's response to a public records request filed by Austin Cranford on December 20, 2023 that the requested records don't exist or cannot be located Attachments: Hearing outline. PRR Cranford 122023 XIII. PERSONS TO BE HEARD: Public participation on any item on or off the agenda. Not to exceed 3 minutes for any individual. XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other XV. EXECUTIVE SESSION H 24-029 Legal Matter: Sitka Police Department Operations Attachments: Motion 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 907.747.1811. 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: February 23 CITY AND BOROUGH OF SITKA Page 3 Printed on 2/26/2024

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