10/07/1999 RMA regular meeting of the Kodiak Island Borough
Assembly was held October 7, 1999 in the Assembly
Chambers of the Kodiak Island Borough Building,
710 Mill Bay Road. The meeting was called to order
at 7:30 p.m.
The invocation was given by Paul Won of the Kodiak
Hebron Presbyterian Church, followed by the Pledge of
Allegiance.
There were present: ROLL CALL
Presiding Officer:
Wayne Stevens
Assemblymembers:
Tom Abell
Scott Arndt
Tuck Bonney
Absent:
Mayor Stevens
Assemblymember Heinrichs
comprising a quorum of the Assembly; and
David A. Jensen, Manager
Judi Nielsen, CMC, Clerk
Patti Kirkpatrick, Deputy Clerk
Linda Freed, Community Development Director
ARNDT,
seconded by BONNEY
VOTE ON MOTION
MOTION CARRIED
APPROVAL OF AGENDA APPROVAL OF
AGENDA
BRANSON,
seconded by ABELL
VOTE ON MOTION TO APPROVE
MOTION CARRIED Unanimous voice vote
Regular Assembly Meeting
October 7, 1999
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
October 7, 1999
Pat Branson
Greg Spalinger
moved to excuse MOTION TO EXCUSE
Mayor Stevens and MAYOR STEVENS
Assemblymember AND
Heinrichs. ASSEMBLYMEMBER
HEINRICHS
Unanimous voice vote
moved to approve the
agenda.
REGULAR MEETING
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APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
A. Employee of the Month EMPLOYEE OF THE
MONTH
Manager Jensen presented the Employee of the Month
Award to Jeff Johnson, Baler Operator 1, in the
Engineering and Facilities Department.
B. Update on Cleanup /Remediation Efforts by the U.S. ARMY
U.S. Army Engineer District, Alaska. ENGINEER UPDATE
Pat Roth, U.S. Army Corps of Engineers project
manager, thanked the community for their help in
locating areas to be cleaned. He said debris was
cleared from the Buskin area and at Cape Chiniak, and
the Corps would continue to keep the Assembly
informed. He invited the Assembly, staff, and the
community to attend their open house on October 8 at
Safeway from 2:00 p.m. to 6:00 p.m.
CITIZENS' COMMENTS
A. Agenda Items Not Scheduled For Public Hearing
and General Comments.
Mike Sirofchuck felt the Pasagshak Plan comprised a
consensus of all who worked on the Plan. He said the
Commission chose to prohibit any industrial activity
that was not listed in the Borough code. He urged
the Assembly to adopt the Plan as written.
Heather Andrews, Chiniak Highway Mile Post 42
property owner, was disappointed at the damage the
Corps workers caused to her private property. She
wondered who was responsible for maintaining her road
during remediation.
Presiding Officer Stevens suggested she speak with
Mr. Roth.
Jan Palumbo, Environmental Protection Agency
representative, was pleased with the Corps progress.
She welcomed phone calls from residents with
questions or concerns.
Regular Assembly Meeting
October 7, 1999
APPROVAL OF
MINUTES
AWARDS AND
PRESENTATIONS
CITIZENS'
COMMENTS
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In response to Assemblymember Arndt, Ms. Palumbo said
sites located on Coast Guard property were of
significant concern.
Dan Urban applauded the Planning and Zoning
Commission's work on the Pasagshak Plan and their
work to retain the area's natural beauty. He urged
the Assembly to adopt the Plan.
COMMITTEE REPORTS COMMITTEE
REPORTS
None.
PUBLIC HEARING PUBLIC HEARING
None.
MESSAGES FROM THE MANAGER MESSAGES FROM
THE MANAGER
Manager Jensen said Akhiok Mayor, Dave Eluska,
reported the loss of use of two generators, and he
offered the Borough's assistance.
Manager Jensen was looking into the city's interest
in the Foreign Trade Zone (FTZ). He said if anyone
had any information to please call.
Manager Jensen spoke with Tom Quick of Ouzinkie, who
said Jeff Sloan of the Denali Commission hoped to
visit Kodiak in the near future.
MESSAGES FROM
MESSAGES FROM THE BOROUGH MAYOR THE MAYOR
None.
UNFINISHED
UNFINISHED BUSINESS BUSINESS
A. Ordinance No. 99 -05 Amending Title 17 Zoning of ORDINANCE
the Kodiak Island Borough Code of Ordinances by NO. 99 -05
Amending Section 17.02.030 Comprehensive Plan to
incorporate the Pasagshak /Narrow Cape Area Plan
(June 1999) .
The motion to adopt Ordinance No. 99 -05 was before
the Assembly.
ARNDT,
seconded by ABELL
Regular Assembly Meeting
October 7, 1999
moved to amend the
Plan on page 16, sixth
paragraph, by replacing
the words: "borough
ordinance" with the
words: "state law ".
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Assemblymember Arndt said the Plan proposed that the
Borough provide law enforcement. He felt that was
inappropriate as law enforcement was the state's
responsibility.
In response to Assemblymember Branson, Director Freed
said a previous assembly adopted Resolution No. 92 -34
urging the state to adopt legislation requiring
licensing of ATV's; however, the state was still
contemplating that legislation.
Assemblymember Branson felt this issue should be
brought up at the Alaska Municipal League (AML)
conference in November.
ABELL,
seconded by ARNDT
Assemblymember Abell noted the state program was
already in place and he felt the funds could be used
for improvements to the area.
Assemblymember Bonney agreed with the amendment.
VOTE ON MOTION TO AMEND THE AMENDMENT
Ayes:
Noes: None
Absent: Heinrichs
MOTION CARRIED Unanimous
VOTE ON MOTION TO AMEND AS AMENDED
Ayes: Arndt, Bonney, Branson,
Spalinger, Stevens, Abell
Noes: None
Absent: Heinrichs
MOTION CARRIED Unanimous
Regular Assembly Meeting
October 7, 1999
moved to amend the
amendment on page 16,
sixth paragraph, by
replacing the word:
"licensing" with the
word: "registration ".
Abell, Arndt, Bonney,
Branson, Spalinger,
Stevens
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ARNDT,
seconded by ABELL
moved to amend the Plan
on page 18 Industrial
Goal by replacing the
words: "Prohibit
additional industrial
activity in the plan area
not directly related to
the rocket launch
facility" with the words:
"Limit additional
industrial activity in
the plan area unless it
can be shown to be
compatible with other
existing land use
activities ".
Assemblymember Arndt felt prohibiting future
development was too restrictive and did not leave
room for future growth and development in the
Pasagshak valley.
Assemblymember Bonney disagreed as he felt the Plan's
purpose was to set aside land for future recreational
uses. He said there were other areas closer to town
that were more suited to industrial growth. He urged
the assembly to leave the Plan alone, noting that in
the future they could make changes to the Plan.
ABELL,
seconded by ARNDT
moved to amend the
amendment by replacing
the word: "limit" with
the word: "prohibit"
Assemblymember Branson felt the amendment was vague.
VOTE ON MOTION TO AMEND THE AMENDMENT
Ayes: Spalinger, Abell, Arndt
Noes: Bonney, Branson, Stevens
Absent: Heinrichs
MOTION FAILED 3 Ayes, 3 Noes
Assemblymember Bonney wanted to show respect for the
Commission's time and adopt the Plan as presented.
Regular Assembly Meeting
October 7, 1999
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VOTE ON MOTION TO AMEND
Ayes:
Noes:
Arndt
Bonney, Branson,
Spalinger, Stevens, Abell
Absent: Heinrichs
MOTION FAILED 1 Aye, 5 Noes
VOTE ON MAIN MOTION AS AMENDED
Ayes:
VOTE ON MOTION TO APPROVE
Ayes:
Noes: None
Regular Assembly Meeting
October 7, 1999
Spalinger, Stevens,
Abell, Arndt, Bonney,
Branson
Noes: None
Absent: Heinrichs
MOTION CARRIED Unanimous
NEW BUSINESS NEW BUSINESS
A. CONTRACTS CONTRACTS
None.
B. RESOLUTIONS RESOLUTIONS
1. Resolution No. 99 -22 Resolution Adopting an RESOLUTION
Alternative Allocation Method for the NO. 99 -22
Fiscal Year 2000 Shared Fisheries Business
Tax Program and Certifying That This
Allocation Method Fairly Represents the
Distribution of Significant Effects of
Fisheries Business Activity in the Kodiak
Island Borough.
Manager Jensen noted this was an annual requirement
to distribute funds to the villages. He recommended
adopt the resolution to continue the Borough's
commitment to the villages.
Stevens, Abell, Arndt,
Bonney, Branson,
Spalinger
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Absent: Heinrichs
MOTION CARRIED Unanimous
C. ORDINANCES FOR INTRODUCTION
None.
D. OTHER ITEMS
1. Manager's Oath of Office. MANAGER'S OATH
OF OFFICE
Clerk Nielsen administered the Oath of Office to
Manager Dave Jensen.
2. Deputy Clerk Confirmation.
ARNDT,
seconded by SPALINGER
ROLL CALL VOTE ON MOTION
Ayes:
Noes: None
Absent: Heinrichs
MOTION CARRIED Unanimous
INFORMATIONAL
INFORMATIONAL MATERIALS (No action required) MATERIALS
A. MINUTES OF OTHER MEETINGS
None.
B. REPORTS
1. Kodiak Island Borough School District
Financial Report for August, 1999.
C. OTHER
None.
CITIZENS' COMMENTS
None.
Regular Assembly Meeting
October 7, 1999
moved to confirm Patti
Kirkpatrick as Deputy
Clerk for the Kodiak
Island Borough.
Abell, Arndt, Bonney,
Branson, Spalinger,
Stevens
ORDINANCES FOR
INTRODUCTION
OTHER ITEMS
DEPUTY CLERK
CONFIRMATION
MINUTES OF OTHER
MEETINGS
REPORTS
OTHER
CITIZENS'
COMMENTS
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Page 184
ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER
COMMENTS
Assemblymembers Branson and Stevens congratulated
Jeff Johnson as the employee of the month.
There being no further business to come before the ADJOURNMENT
Assembly, the meeting adjourned at 8:25 •.m.
I
ATTEST:
/ ) .
2L/ X12
dith A. Niels orough Clerk
Regular Assembly Meeting
October 7, 1999
1s.dtk 1
G; ry
ayor
evens,
Approved: 11/02/99
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Page 185