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City and Borough Assembly

Regular Meeting

Sitka, AK · December 17, 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 Timothy Pike, Vice Deputy Mayor JJ Carlson, Kevin Mosher, Scott Saline, Chris Ystad, Thor Christianson Municipal Administrator: John Leach Municipal Attorney: Rachel Jones Municipal Clerk: Sara Peterson Tuesday, December 17, 2024 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL Present: 7 - Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline V. CORRESPONDENCE/AGENDA CHANGES Mayor Eisenbeisz requested to move Item E to follow Item I, to allow for discussion of the Commercial Land Use Plan prior to a decision on Item E. There were no objections. 24-189 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) None. VIII. PERSONS TO BE HEARD CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final December 17, 2024 Austin Cranford commented on the Clerk's Office quarterly report. IX. CONSENT AGENDA A motion was made by Mosher that the Consent Agenda consisting of items A, B, & C be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline A 24-184 Approve the minutes of the November 12 and 26 Assembly meetings This item was APPROVED ON THE CONSENT AGENDA. B 24-185 Approve the Acting Administrator list for 2025: Amy Ainslie, Josh Branthoover, Sara Peterson, Ron Vinson This item was APPROVED ON THE CONSENT AGENDA. C 24-186 Approve a liquor license renewal application for Sitka Lodge No. 1350 Loyal Order of Moose, Inc. This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS None. XI. UNFINISHED BUSINESS: D ORD 24-29 Making supplemental appropriations for fiscal year 2025 (Marine Vessel Haul Out and Shipyard Project) 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, Ystad, Pike, and Saline No: 1- Carlson F ORD 24-31 Making supplemental appropriations for fiscal year 2025 (Data Center Uninterruptible Power Supply) A motion was made by Mosher that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline XII. NEW BUSINESS: G RES 24-18 Adopting the second annual update to the Sitka Strategic Plan 2022-2027 CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final December 17, 2024 A motion was made by Christianson that this Resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Mosher, Eisenbeisz, Ystad, Pike, Carlson, and Saline H RES 24-17 Opposing Proposal 156 to be considered at the January 28 - February 9, 2025, Alaska Board of Fisheries meeting Ystad, a board member of two hatchery organizations, was recused. Justin Peeler, Chris Ystad, and Scott Wagner spoke in support. A motion was made by Mosher that this Resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Mosher, Eisenbeisz, Pike, Carlson, and Saline Recused: 1- Ystad I 24-188 Adopt the 2024 Commercial Land Use Plan Amy Ainslie, Planning and Community Development Director, and Kevin Knox, Parks and Recreation Coordinator, provided an overview of the plan. Bethany Lowrance, Linda Olsen, Sarah Hadad-Dembs, Ryan Harris, and Keith Dundas spoke in opposition. Austin Cranford commented. Anne Marie LaPalme spoke in support. The Assembly had numerous questions and discussed components of the plan extensively. A motion was made by Christianson to POSTPONE this Item to the first meeting in January. The motion FAILED by the following vote. Yes: 2 - Eisenbeisz and Pike No: 5 - Christianson, Ystad, Mosher, Saline, and Carlson A motion was made by Christianson to delay implementation of the Commercial Land Use Plan to 2026. The motion FAILED by the following vote. Yes: 1 - Saline No: 6 - Ystad, Eisenbeisz, Carlson, Mosher, Pike, and Christianson A motion was made by Pike to POSTPONE this Item to the second meeting in January. The motion PASSED by the following vote. Yes: 7 - Christianson, Carlson, Saline, Pike, Ystad, Mosher, and Eisenbeisz Clerk Note: A modified Commercial Land Use Plan will come back to the Assembly in late summer/early fall for adoption and implementation for the 2026 season. See related notes on item E, Ordinance 2024-30. E ORD 24-30 Amending Title 14 “Streets, Sidewalks and Public Places” of the Sitka CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final December 17, 2024 General Code by amending Chapter 14.10 “Commercial Recreational use of Municipal Lands and Facilities" It was noted this item was intertwined with Item I. A motion was made to POSTPONE second reading of Ordinance 2024-30 to January 28, 2025. The motion PASSED by the following vote. Yes: 7 - Carlson, Ystad, Saline, Mosher, Eisenbeisz, Pike, and Christianson Clerk Note: Under the newly proposed process, permit applications and issuance take a minimum of 60 days. Were Ordinance 2024-30 to be passed on second and final reading January 28, 2025, and take effect on that date, operators would not receive their commercial recreational land use permits for 2025 until early to mid-April which coincides with the beginning of the visitor season.Due to the impacts that would result from implementation of the new process in late-January 2025 on both operators and staff, the CBS staff sponsors of Ordinance 2024-30, (after the December 17, 2024 meeting,) decided to submit a revised version of this ordinance (Ordinance 2025-02). Ordinance 2025-02 would not take effect until November 1, 2025, thereby implementing the new process, if approved by the Assembly, beginning in 2026. This decision was made to honor the Assembly’s desire for additional review of this new process, to make revisions to the Commercial Land Use Plan, and optimize its implementation for both operators and municipal staff. A modified Commercial Land Use Plan will come back to the Assembly approximately summer/early fall 2025 for adoption and implementation for the 2026 season. XIII. PERSONS TO BE HEARD: Austin Cranford spoke of the Baranof Taxi & Tours, LLC, and Thaddeus & Melissa A. Lara v. Robert M. Baty litigation. Bethany Lowrance commented on the Commercial Land Use Plan. XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Mayor - Eisenbeisz commented on the Alaska Municipal League Conference. Administrator - Leach commented on the Alaska Municipal League Conference. Attorney - Jones commented on the Alaska Municipal League Conference. In addition, she provided an update on the animal shelter memorandum of understanding. Liaison Representatives - Christianson suggested sending all assembly members to Alaska Municipal League. Carlson reported on the Health Needs and Human Services Commission. Ystad reported on the Gary Paxton Industrial Park Board. XV. EXECUTIVE SESSION J 24-187 Legal / Financial Matters - Wampler v. McGrath/CBS and Dick v. CBS A motion was made by Christianson to go into executive session to receive and discuss attorney client communication from the Municipal Attorney regarding CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final December 17, 2024 legal and financial matters affecting the Municipality due to the Wampler v. McGrath/CBS and Dick v. CBS litigation. The motion PASSED by the following vote. Yes: 7 - Carlson, Ystad, Saline, Mosher, Eisenbeisz, Pike, and Christianson Austin Cranford expressed opposition. A motion was made by Mosher to reconvene as the Assembly in regular session. The motion PASSED by unanimous voice vote. XVI. ADJOURNMENT A motion was made by Christianson to ADJOURN. Hearing no objections, the meeting ADJOURNED at 10:11 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 Timothy Pike, Vice Deputy Mayor JJ Carlson, Kevin Mosher, Scott Saline, Chris Ystad, Thor Christianson Municipal Administrator: John Leach Municipal Attorney: Rachel Jones Municipal Clerk: Sara Peterson Tuesday, December 17, 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 24-189 Reminders, Calendars, and General Correspondence Attachments: Reminders and Calendars Clerk's Corner Issue 8_December 2024 HR Quarterly Report December 2024 Signed IT Quarterly Report PLN Quarterly Report_Q4 2024 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 Printed on 12/13/2024 City and Borough Assembly Meeting Agenda December 17, 2024 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 24-184 Approve the minutes of the November 12 and 26 Assembly meetings Attachments: Consent and Minutes B 24-185 Approve the Acting Administrator list for 2025: Amy Ainslie, Josh Branthoover, Sara Peterson, Ron Vinson Attachments: Motion and Memo C 24-186 Approve a liquor license renewal application for Sitka Lodge No. 1350 Loyal Order of Moose, Inc. Attachments: Motion_Memos_Application X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS None. XI. UNFINISHED BUSINESS: D ORD 24-29 Making supplemental appropriations for fiscal year 2025 (Marine Vessel Haul Out and Shipyard Project) Attachments: Motion Ord 2024-29 Memo Budget Appropriation Request -Haulout 11-19-24 Ord 2024-29 90931 GPIP Vessel Haulout -Charter Coversheet 11-15-24 Interim Financials Through June 30, 2024 E ORD 24-30 Amending Title 14 “Streets, Sidewalks and Public Places” of the Sitka General Code by amending Chapter 14.10 “Commercial Recreational use of Municipal Lands and Facilities" Attachments: Motion Ord 2024-30 Memo_SGC 14.10 Code Revision Ord 2024-30 CITY AND BOROUGH OF SITKA Page 2 Printed on 12/13/2024 City and Borough Assembly Meeting Agenda December 17, 2024 F ORD 24-31 Making supplemental appropriations for fiscal year 2025 (Data Center Uninterruptible Power Supply) Attachments: Motion Ord 2024-31 Memo IT - DataCenter UPS Ord 2024-31 XII. NEW BUSINESS: G RES 24-18 Adopting the second annual update to the Sitka Strategic Plan 2022-2027 Attachments: Motion_Memo_Res_Plan H RES 24-17 Opposing Proposal 156 to be considered at the January 28 - February 9, 2025, Alaska Board of Fisheries meeting Attachments: Motion_Memo_Res Proposal 156 AK PNP's_Letter to BOF opposing 78 _156_Submitted (1) SE AK-Hatcheries State of Sitka's Economy I 24-188 Adopt the 2024 Commercial Land Use Plan Attachments: Motion Memo_Draft CRLUP 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 J 24-187 Legal / Financial Matters - Wampler v. McGrath/CBS and Dick v. CBS Attachments: Exec Session lawsuit update.. CITY AND BOROUGH OF SITKA Page 3 Printed on 12/13/2024 City and Borough Assembly Meeting Agenda December 17, 2024 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: December 13 CITY AND BOROUGH OF SITKA Page 4 Printed on 12/13/2024

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