By SHANNON HAUGLAND
Sentinel Staff Writer
The Assembly voted 4-1 Tuesday night to approve an ordinance on introduction that would have Sitka opt out of a new state regulation allowing all-terrain vehicles on roadways with speed limits of less than 45 mph.
Mayor Steven Eisenbeisz cast the dissenting vote, and some of those in the majority said they were not opposed to creating a customized Sitka ordinance to allow ATVs on roads in certain circumstances. A few volunteered to work toward that option.
“I would be happy to sponsor a Sitka-specific rule,” Thor Christianson said. “We can set up rules to make it usable in Sitka.”
Dave Miller agreed. “I think we can make it so they’re legal but we have to do it the right way. ... We can have reasonable rules but we can’t do it this month.”
The vote was 4-1 in favor on first reading to pass the ordinance opting out of the new state rule that goes into effect Jan. 1, 2022.
Christianson, Miller, Rebecca Himschoot, and Crystal Duncan voted in favor. The chiefs of the Sitka fire and police departments support opting out, citing concerns about an increased risk of injuries and fatal accidents, lack of turn signals and noise. The Police and Fire Commission voted for the opt-out position on Nov. 24.
Eisenbeisz said he voted against the ordinance because the state has rules for ATVs on roadways. Some of the concerns expressed about ATVs could be applied to other modes of transportation on the road, and Sitka could create its own rules instead of opting out, he said.
In other business, the Assembly heard a presentation by Alaska Chief Medical Officer Dr. Anne Zink on COVID (see story, Thursday’s Sentinel); approved changes to tidelands leases; and approved the personnel policies handbook on final reading.
A number spoke under persons to be heard about COVID, COVID vaccines and the Homeless Coalition’s December fundraiser.
ATVs
City Administrator John Leach said the city doesn’t have much notice of the change in state ATV regulations, and had to act quickly or it would go into effect Jan. 1. “It had to be this and the next meeting,” he said.
Eisenbeisz said he would volunteer to serve on any group interested in drafting a customized Sitka set of regulations under which ATVs might be allowed.
“I’m in support of this not going forward,” he said of the ordinance.
Public testimony was mostly against the opt-out ordinance, residents pointing to the use of ATVs for snowplowing and for transportation when roads are icy or snowy. Richard Wein mentioned the “good Samaritans” on ATVs who assist the city in clearing snow from streets, driveways and sidewalks, and said Sitka could create its own rules for when ATVs would be allowed, instead of opting out.
“(An ATV) is a helpful tool – this is Alaska,” he said.
Miranda Littlefield said ATVs are being used to plow areas to help residents get to the sidewalks and mailboxes.
Brandon Finn said ATVs have many advantages, including size and parking, and can be safer in snow. He suggested the city allow the state regulation to go into effect and “evaluate it after a year before taking it away.”
Valorie Nelson said she wasn’t sure the public had adequate notice of the Police and Fire Commission discussion when the panel recommended opting out of the statewide statute. She also questioned some of the points raised by the police and fire chiefs.
Eisenbeisz disputed a comment that it would be a “free for all” starting January 1, and that there are regulations for ATV operations under the new statute.
Others at the table pointed to the Police and Fire Commission recommendation, and the memo by the fire and police chiefs. The Alaska Association of Chiefs of Police has encouraged the Department of Public Safety to rescind the change.
While several on the Assembly said they had no problem with ATVs in general, and believe they should be allowed on roads in some circumstances, allowing ATVs on the road starting Jan. 1 without rules for Sitka was not a good idea.
Leach said the main issue is time.
“We don’t have time to build a new set of traffic rules prior to January 1,” he said. “There’s a lot of room to open discussion further down the road when we have time to work with it.”
Crystal Hammock, said she was a “hard no” on allowing ATVs on the roadways.
On other items, the Assembly:
– approved a liquor license renewal application for House of Liquor.
– appointed Ted Laufenberg to a three-year term on the Building Department Appeals Board.
– approved the list of city officials in line to be acting administrator in 2022: Amy Ainslie, Scott Elder, Melissa Haley, Michael Harmon and Sara Peterson.
– approved changes on city tidelands leases at the Gary Paxton Industrial Park, 1406 Sawmill Creek Road, 805 Halibut Point Road (the former Oceanside PT center) and 4513 Halibut Point Road (Sitka Sound Cruise Terminal).
