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 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, January 14, 2025 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. RECITAL OF LANDS ACKNOWLEDGEMENT IV. ROLL CALL Present: 5 - Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2 - Christianson, and Carlson V. CORRESPONDENCE/AGENDA CHANGES No agenda changes. 25-008 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 January 14, 2025 None. 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: 5- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson A RES 25-01 Adopting an alternative allocation method for the FY25 Shared Fisheries Business Tax Program and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in FMA 18: CENTRAL SOUTHEAST AREA This item was APPROVED ON THE CONSENT AGENDA. B RES 25-02 Authorizing an application to the Department of Homeland Security and Emergency Management This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 25-003 Appoint Sterling Camden to a three-year term on the Health Needs and Human Services Commission A motion was made by Ystad that this Item be APPROVED. The motion PASSED by the following vote. Yes: 5- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson XI. UNFINISHED BUSINESS: D ORD 24-32 Amending Title 2 "Administration" of the Sitka General Code by updating Chapter 2.35 "Library Commission" 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- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson E ORD 25-02 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" Clerk note: This is a substitute ordinance previously referred to as Ordinance 2024-30. Permit applications and issuance take a minimum of 60 days. Were Ordinance CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final January 14, 2025 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 coincided with the beginning of the visitor season. After careful consideration of 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 decided to submit a revised version of the ordinance (Ordinance 2025-02) that would not take effect until November 1, 2025, thereby implementing the new process, beginning in 2026. This decision was made to honor the Assembly’s desire for additional review of the 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 would come back to the Assembly late summer/early fall for adoption and implementation for the 2026 season. Bethany Lowrance spoke in opposition. A motion was made by Mosher that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 5- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson XII. NEW BUSINESS: New Business First Reading F ORD 25-01 Making supplemental appropriations for fiscal year 2025 (special election) Municipal Clerk Sara Peterson stated that the sponsors of a recent citizen initiative hoped for a special election if they gathered the required signatures. However, the Clerk's Office budget lacked funds for such an election and emphasized the need to be proactive in ensuring the office was prepared to proceed with a special election if warranted. A motion was made by Ystad that this Ordinance be APPROVED on FIRST READING. The motion PASSED by the following vote. Yes: 5- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson Additional New Business Items G RES 25-03 Submitting City and Borough of Sitka FY2026 Legislative Priorities to the State of Alaska and 2025 Legislature (this item was postponed at the January 14 meeting) Public and Government Relations Director Melissa Wileman provided an overview of the projects and unfunded mandates. Eisenbeisz said Assembly Member Carlson wished to make some edits but was absent. Consensus of the Assembly was to postpone the item to January 28 when Carlson would be present. A motion was made by Eisenbeisz to POSTPONE this Item to the January 28 CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final January 14, 2025 Assembly meeting. The motion PASSED by the following vote. Yes: 5- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson H 25-004 Approve a Purchase Agreement for Raw Water in Bulk for Export between the City and Borough of Sitka and Global Hydration, LLC Gary Paxton Industrial Park (GPIP) Board Director Garry White stated the Board had recommended approval of the water purchase agreement with Global Hydration, LLC. However, he explained he had received notice from Arctic Blue Waters Alaska Inc., with whom the City had an existing water purchase agreement with, that they intended to exercise their first right of refusal to secure additional volumes of bulk water which would exhaust permitted water allocations. To fully exercise their first right of refusal, additional payments were needed within 45 days. Consensus of the Assembly was to postpone action on the Global Hydration, LLC agreement until the 45 days had passed. A motion was made by Ystad to POSTPONE this Item to the March 11 Assembly meeting. The motion PASSED by the following vote. Yes: 5- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson I 25-006 Discussion / Direction / Decision on lease terms for the Sitka Community Garden at Jarvis Street Consensus of the Assembly was to prepare a lease and bring it forward to the Assembly for consideration. J 25-005 Approve Amendment No. 1 to Lease Agreement between the City and Borough of Sitka and Sitka Historical Society, Inc. Municipal Attorney Rachel Jones explained the lease agreement needed to be amended to reflect both the property tax exemption and the exemption from payment of utilities, which had been previously approved by the Assembly. A motion was made by Ystad that this Item be APPROVED. The motion PASSED by the following vote. Yes: 5- Mosher, Eisenbeisz, Ystad, Pike, and Saline Absent: 2- Christianson, and Carlson XIII. PERSONS TO BE HEARD: Joel Hanson thanked staff and the Assembly for their work on the community garden item. Austin Cranford requested information on the disposition of animals at the animal shelter. XIV. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final January 14, 2025 Administrator - Leach said he would be gone for the next two Assembly meetings, traveling for business. Attorney - Jones said she would be traveling and would call in for the February 11 meeting. Other - Mosher spoke of a tour at the National Park Service. XV. EXECUTIVE SESSION K 25-007 Legal / Financial Matters - Cranford v. CBS A motion was made by Ystad to go into executive session to receive and discuss attorney client communication from the Municipal Attorney, and outside legal counsel Jermain, Dunnagan & Owens, regarding legal and financial matters affecting the Municipality due to the Cranford v. CBS litigation. The motion PASSED by the following vote. Yes: 5 - Saline, Pike, Ystad, Mosher, and Eisenbeisz Absent: 2 - Christianson, and Carlson The Assembly was in executive session from 7:00 p.m. to 7:15 p.m. A motion was made by Eisenbeisz to reconvene as the Assembly in regular session. The motion PASSED by unanimous consent. XVI. ADJOURNMENT A motion was made by Ystad to ADJOURN. Hearing no objections, the meeting ADJOURNED at 7:17 p.m. ATTEST: ________________________________ Sara Peterson, MMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 5