09/05/2019 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
September 5, 2019
A regular meeting of the Kodiak Island Borough Assembly was held on September 5, 2019, in the
Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was
called to order at 6:30 p.m.
The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the
Pledge of Allegiance.
Present were Mayor Dan Rohrer, Assembly members Scott Arndt, Julie Kavanaugh, Rebecca
Skinner, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough Manager
Michael Powers, Borough Clerk Tara Welinsky, and Deputy Clerk Alise Rice.
SMILEY moved to excuse Assembly member Schroeder who was absent due to personal leave.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Kavanaugh, Skinner, Smiley,
Symmons, and Turner (AYES); Arndt (No).
APPROVAL OF AGENDA AND CONSENT AGENDA
SMILEY moved to approve the agenda and the consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes of August 15, 2019 were approved under consent agenda.
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• Sid Pruitt Jr.
• Joann Shaker
AWARDS AND PRESENTATIONS
• Fire Protection Area No. 1 Six Month Presentation, by Chief Howard S. Rue III, from
Bayside Fire Department.
COMMITTEE REPORTS
Kavanaugh reminded the public of the first meeting of the Consolidation Committee on
September 91h at 6:30 p.m.
PUBLIC HEARING
1. Ordinance No. FY2019-20 Amending Chapters 17.160 KIBC (Accessory Buildings and
Accessory Dwelling Units), And Related Chapters 17.65 KIBC (RR - Rural Residential
District) and 17.70 KIBC (RR1 - Rural Residential One District) To Change Permitted
Uses, Conditional Uses and Development Standards Related to Parking and Size Limit.
ARNDT moved to adopt Ordinance No. FY2019-20 version 2.
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ARNDT moved to amend the motion to add:
11. Variances. Nothing in this section guarantees any property owner the right to create an
accessory dwelling unit unless it conforms to all provisions in this section and in the section
for the zoning designation of the specified lot. Limitations due to natural features, lot size,
lot dimensions, building layout, or other physical or environmental factors shall not be
reasons for granting a variance from the standards and provisions of this section and the
section for the zoning designation of the specified lot. No variances shall be granted for
the creation of an attached or detached accessory dwelling unit.
ROLL CALL VOTE ON THE AMENDMENT TO THE MOTION TO ADD 11 VARIANCES
CARRIED FIVE TO ONE: Arndt, Kavanaugh, Smiley, Symmons, and Turner (AYES); Skinner
(NO).
Mayor Rohrer opened the public hearing.
The following spoke under citizen's comments:
• Leo Kouremetis's letter was read into record
• Ginny Shank
• Jeff Stewart
• Joe Chaulklin
• Robert Brodie
• Sid Pruitt Jr.
• Mike Martin Jr.
• Sarah Fraser
Mayor Rohrer closed the public hearing and reconvened the regular meeting.
Clerks Note: Mayor Rohrer clarified for the record that Mr. Arndt did not have a conflict of interest.
ARNDT moved to postpone Ordinance No. FY2019-20 Amending Chapters 17.160 KIBC
(Accessory Buildings and Accessory Dwelling Units), And Related Chapters 17.65 KIBC (RR -
Rural Residential District) and 17.70 KIBC (RR1 - Rural Residential One District) To Change
Permitted Uses, Conditional Uses and Development Standards Related to Parking and Size
Limit.to a public hearing on October 3, 2019.
ROLL CALL VOTE ON THE MOTION TO POSTPONE TO PUBLIC HEARING ON OCTOBER 3,
CARRIED FOUR TO TWO: Skinner, Smiley, Symmons, and Arndt (AYES); Kavanaugh and Turner
(NO).
2. Ordinance No. FY2020-03 An Ordinance Of The Assembly Of The Kodiak Island
Borough Amending Kodiak Island Borough Code Title 9 Public Peace, Morals And
Welfare, Chapter 9.10 Fireworks Control, Section 9.10.040 Use Prohibited To Prohibit
The Discharge Of Fireworks At Mill Bay Beach.
SKINNER moved to adopt Ordinance No. FY2020-03 Version 1.
Mayor Rohrer opened the public hearing.
The following spoke under citizen's comments:
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• Mike Nelson
• Sid Pruitt Jr.
• Ted Hansen
• Joann Shaker
• Terri Pruitt
Mayor Rohrer closed the public hearing and reconvened the regular meeting.
TURNER moved to amend line 35 by removing "June 151h to July 161, and December 261h to
January 11' and adding "July 15' to July 5th, between the hours of 9:00 a.m. to midnight, and
December 2611 to January 152, between the hours of 9 a.m. to midnight. C. Aerial fireworks are not
permitted in residential areas."
ARNDT moved to postpone Ordinance No. FY2020-03 An Ordinance Of The Assembly Of The
Kodiak Island Borough Amending Kodiak Island Borough Code Title 9 Public Peace, Morals And
Welfare, Chapter 9.10 Fireworks Control, Section 9.10.040 Use Prohibited To Prohibit The
Discharge Of Fireworks At Mill Bay Beach to October 3, 2019 regular meeting of the assembly.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED THREE TO THREE: Smiley, Symmons,
Arndt (AYES); Turner, Kavanaugh, and Skinner (NOES); Mayor Rohrer broke the tie and voted in
opposition.
ROLL CALL VOTE ON MOTION TO AMEND LINE 35 AND ADD LANGUAGE FAILED TWO TO
FOUR: Smiley and Turner (AYES); Skinner, Symmons, Arndt and Kavanaugh,(NOES).
ROLL CALL VOTE ON MAIN MOTION TO ADOPT FAILED THREE TO THREE: Symmons,
Turner, and Skinner (AYES); Arndt, Kavanaugh, and Smiley (NOES); Mayor Rohrer broke the tie
and voted in opposition.
Mayor Rohrer convened for a short break at 8:49 p.m.
Mayor Rohrer reconvened the meeting at 8:59 p.m.
3. Ordinance No. FY2020-05 Establishing a Research Court Apartments Enterprise
Fund (Formerly Known As Kodiak Fisheries Research Center (KFRC) Dorms).
ARNDT moved to adopt Ordinance No. FY2020-05
Mayor Rohrer opened the public hearing.
Seeing none and hearing none, Mayor Rohrer closed the public hearing and reconvened the
regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh, Skinner,
Smiley, and Symmons.
BOROUGH MANAGER'S REPORT
• Asked Community Development Acting Director to report on the Brownsfield Grant.
• Firewood permits are available through the Managers Office.
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• Plans to attend the Alaska Municipal League meeting.
MESSAGES FROM THE BOROUGH MAYOR
• Spoke with the Karluk School about their current student attendance.
• Met with several public members in regard to local easements.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2020-07 Authorizing The Borough To Issue A Refunding Revenue
Bond To Refund Certain Principal Installments Of The Outstanding Long -Term Care
Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center), Of The
Borough And To Pay Costs Of Issuing The Bond, Fixing Certain Details Of Such Bond,
Authorizing Its Sale, And Providing For Related Matters
ARNDT moved to approve Resolution No. FY2020-07.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Skinner,
Smiley, Symmons and Turner.
2. Resolution No. FY2020-10 Appointing Members To The Kodiak Fisheries Development
Association (Mr. Stosh Anderson) for a term to expire July 31, 2022.
ARNDT moved to approve Resolution FY2020-10
Clerks Note: Mayor Rohrer ruled Assembly member Turner had a conflict of interest and was
excused from voting.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ZERO: Kavanaugh, Skinner, Smiley,
Symmons and Arndt (AYES); Turner (ABSTAINED).
Ordinances For Introduction
None.
Other Items
1. Approval of the October 1, 2019 Regular Municipal Election Workers.
ARNDT moved to appoint the election officials in each precinct for the upcoming Municipal Election
as listed in the memo submitted by the Borough Clerk.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Turner,
Arndt, and Kavanaugh.
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2. Letter Of Support For The 2020-2023 Community Transportation Program (CTP) Grant
By The Alaska Department of Transportation & Public Facilities (ADOT/PF).
KAVANAUGH moved to authorize the Mayor to sign a letter of support for the 2020-2023
Community Transportation Program (CTP) grant by the Alaska Department of Transportation &
Public Facilities (ADOT/PF).
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt,
Kavanaugh, and Skinner.
3. Moratorium On Destroying Audio Records.
ARNDT moved to approve a moratorium on destroying audio records.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt,
Kavanaugh, Skinner, and Smiley.
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• Chief Howard S. Rue III
• Jeff Stewart
ASSEMBLY MEMBER'S COMMENTS
Assembly Member Skinner had none.
Assembly Member Smiley had none.
Assembly Member Symmons thanked the public for their participation.
Assembly Member Arndt spoke about the Governor's current budget.
Assembly Member Kavanaugh reminded everyone of the upcoming Consolidation Committee
meeting, and shared that the Kodiak Rodeo and State Fair Board will be meeting again in October.
Assembly Member Turner gave a fishing update and spoke of his upcoming travel schedule.
Announcements
The next Assembly work session is scheduled for Thursday, September 12, 2019, at 6:30 p.m. in
the School District Conference Room. The next regular meeting is scheduled on Thursday,
September 19, 2019, at 6:30 p.m. in the Borough Assembly Chambers.
EXECUTIVE SESSION
None.
ADJOURNMENT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting adjourned at 9:36 p.m.
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ATTEST:
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
Tara Welinsky, Borough Clerk Approved on:
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