Minutes of the Regular Meeting

Denali Borough Assembly

Anderson School

March 10, 2004

 

CALL TO ORDER    Presiding officer Gerald Pollock called the regular meeting to order at 7:05 pm.

 

ROLL CALL               Commission members present were: Jim Caswell, Gerald Pollock, Sid Michaels, Jennifer Skinner, Baxter Mercer, Bob Shelton, David Evans, Neal Laugman, and Cynthia Trytko.  Mayor Talerico was not in attendance.

 

PUBLIC                      David Levy, Mile 276.6 Parks Highway, spoke about his

COMMENTS             concerns about the Fox Subdivision at Mile 278 and the unregulated dump that is on one of the lots within the proposed subdivision.

 

Nancy Bale invited everyone to attend the Denali Citizens Council Coal Bed Methane Development forum which will take place on March 11, 2004, 7:00 PM to 10:00 PM at the Tri-Valley Community Center.

 

AGENDA                   LAUGMAN MOVED to approve and MICHAELS seconded. 

 

There was discussion regarding the time and place of the next meeting.  MICHAELS MOVED to change the date to April 7, 2004, LAUGMAN seconded.  The VOTE was unanimous.

 

SHELTON MOVED to add a resolution supporting the Denali Foundation and their support of the purchase of the Elder Hostel Campus, LAUGMAN seconded.  The VOTE was unanimous.

 

The VOTE to approve the agenda as amended was unanimous.

                                   

MINUTES                   1.)  Assembly Meeting:  Work Session, Public Hearing, Regular Meeting held on February 11, 2004.

                                   

                                    MICHAELS MOVED to adopt the February 11, 2004 minutes, TRYTKO seconded.  The VOTE was unanimous.

 

 

FINANCIAL                1.)  Financial report for January 2004.

REPORT

                                    The Chair entertained a motion to receive the January 2004 financial report.  MICHAELS so MOVED an LAUGMAN seconded.  The VOTE was unanimous.

                                   

MAYOR’S                 

REPORT                    LAUGMAN read the Mayor’s written report.

 

                                    MICHAELS MOVED to send a letter of support to DNR for the conveyance of Municipal Land to the City of Anderson, SKINNER seconded.  The VOTE was unanimous.

 

COMMISSION           The Clerk informed the Assembly that the representative for

AND BOARD            the LUPC was not able to attend this meeting.

REPORTS

 

ASSEMBLY               CASWELL MOVED to have the Clerk to check with the

COMMENTS             Borough attorney regarding the “dump” in the Fox Subdivision and what obligation the Borough has as well as if the Broker/Owner of this subdivision has a legal obligation to inform others of this.  MICHAELS seconded. 

 

There was discussion about the Borough finding out if the statements are true and if there is a dump in that area.

 

The VOTE was unanimous. 

 

                                    LAUGMAN asked to be excused from the next two Assembly meetings because he will be getting married.

 

                                    MICHAELS asked to have the Northern District Work Session on April 5, 2004 at the Anderson City Council Chambers.  MICHAELS read some of the topics discussed at the last Northern District Work Session.

                                   

COMMUNICATION   1.)  Bonnie Williams, North Star Borough Assembly to

AND                            discuss the Task Force 2100 and the Alaska Railroad

APPEARANCES      realignment.

 

                                    Bonnie Williams gave a presentation on the Task Force 2100 and the Alaska Railroad realignment alternatives.

 

                                    There were several public comments regarding the FNSB Task Force 2100 findings.

 

RECESS                   The Assembly recessed at 8:12 PM.

RECONVENED        The Assembly reconvened at 8:22 PM.

 

ORDINANCES          1.)  Ordinance 03-08, Version F, an ordinance amending the Denali Borough Code of Ordinances, Title IV, Chapter 24, titled management of borough real property.

 

                                    There was discussion regarding changes to the rate schedule and wording changes.  EVANS will work on some language for tax generating properties and bring some suggestions back at the next meeting.

 

                                    Discussion continued on competitive-bid designated lands on page 4.  LAUGMAN is going to work on some better language.

 

                                    The Chair entertained a motion to postpone until the next meeting.  LAUGMAN so MOVED and MICHAELS seconded.  The VOTE was unanimous.

 

2.)  Ordinance 04-01, an Ordinance amending Article IV, Section 4.07 (1) of the Denali Borough Charter concerning the part-time position of the Mayor.

 

LAUGMAN MOVED to adopt, SKINNER seconded.  The roll call VOTE was 6-3 with SKINNER, TRYTKO, SHELTON, POLLOCK, LAUGMAN, and EVANS in favor. MICHAELS, CASWELL, and MERCER opposed.  MOTION PASSES.

 

There was discussion on the salary of the Mayor and that it would have to be placed in the budget for FY 2006. 

 

By unanimous consent, this ordinance will be on the next regular election ballot.

 

3.)     04-04, an ordinance amending Chapter 34 of the Denali Borough Code of Ordinances for a Planning Commission appointed by the Mayor and confirmed by the Assembly.

 

There was discussion on possibly having the LUPC be the Planning Commission.  

 

                                    MICHAELS MOVED to postpone to the next meeting. MERCER seconded.  The VOTE was unanimous.

 

RESOLUTIONS        1.) A resolution of the Denali Borough Assembly supporting the continued operation of the Anderson and Clear Post Offices and the continued level of current postal service throughout the Denali Borough.

 

                                    MICHAELS MOVED to adopt, MERCER seconded.  The roll call VOTE was unanimous.  This will be resolution 04-03.

                                   

                                    2.)  A resolution expressing the commitment and support of the Denali Borough to the Denali Foundation and the Denali Foundation’s purchase of the Denali Elderhostel Campus.

                                   

                                    Willy Karidis, Denali Foundation, explained what the Foundation would like to accomplish.  There were several public comments in support of the Denali Foundation and the Elderhostel Campus.

 

                                    MERCER MOVED to adopt, SKINNER seconded.  The roll call VOTE was unanimous.  This will be resolution 04-04.

                                   

OTHER                       1.)  Liquor License renewal requests

BUSINESS                          

a.)     Type:  Restaurant/Eating Place Public Convenience

License:  Black Bear Coffee House #3754 Location:  Mile 238.5 Parks Highway

Owner:  S. Elizabeth Barrett

Agent:  S. Elizabeth Barrett.

 

 

b.)     Type:  Tour Business

License:  McKinley Creekside Cabins

Owner:  Slinkard & Smith Co Ll

Agent:  Holly Slinard & Tracey Smith.

 

MICHAELS MOVED to take no action on either application, MERCER seconded.  The VOTE was unanimous.

 

2.)  Discussion regarding procedures for the sale of Borough Municipal Land Entitlements.

 

MICHAELS MOVED to have the LUPC look into developing procedures for selling and evaluating price for Borough Municipal land, CASWELL seconded.  The VOTE was unanimous.

 

3.)  Acceptance of the Temporary Land Use permit from the LUPC.

 

MICHAELS MOVED to substitute Draft C for B, MERCER seconded. 

 

The Assembly discussed the notes from the LUPC in regards of the Temporary Land Use Permit.

 

Discussion ensued about exclusive versus non-exclusive use.

 

The VOTE on the main motion was unanimous.

 

CASWELL MOVED to strike “or without” cause from the bottom of page 1 and also on page 11, MERCER seconded.  The Vote was 3-6, Motion Fails.

 

The Assembly would like to have some members from the LUPC attend the next meeting to discuss why they are asking for the changes as depicted in their memorandum to the Assembly.

 

SKINNER MOVED to postpone to the next meeting, MERCER seconded.  The VOTE was unanimous.

 

4.)  Approval of the Long Term Lease Application as prepared by the LUPC for use by the Borough Administration when leasing Borough owned lands.

 

EVANS MOVED to adopt the Borough Clerks suggested amendments, MICHAELS seconded.  The VOTE was unanimous.

 

MICHAELS MOVED to postpone to the next meeting, TRYTKO seconded.  The VOTE was unanimous.

 

5.) Approval of the Ground Lease Contract (fill in format) submitted by the LUPC.

 

MERCER MOVED to adopt, SKINNER seconded. 

 

MICHAELS MOVED to postpone to the next meeting, CASWELL seconded.  The VOTE was 8-1 with MERCER opposed.

 

6.) Discussion regarding the DNR request to the Borough to relinquish Municipal Entitlement Land located near Cantwell.

 

MICHAELS MOVED to postpone to the next meeting, CASWELL seconded.  The VOTE was unanimous.

 

7.)  Discussion regarding the Work Session for the Assembly. 

 

The Assembly discussed the length of the Work Sessions as possibly being too short to get business done.

 

It was brought up that once the Planning Commission is separate from the Assembly, the Planning Commission meetings would be on a different day.  This would give the Assembly more time for their work session.

 

There was discussion about using strict Robert’s Rules whereas you may only speak twice on a subject thereby shortening up the meetings. 

 

POLLOCK recognized the Mayor from the City of Anderson.

 

 

 

 

8.)  Public Comments.

 

Mayor Eileen Holmes, City of Anderson, invited everyone to attend the meeting at 1:00 in the Anderson Council Chambers on Saturday with subdivision developers to discuss the City’s new subdivision.  Revenues from the City’s subdivision would go towards utilities and development costs.  It will also go towards future developments.

 

Frank Talerico, Healy, stated that the Assembly is doing a good job.  He would like to see something done on the Lease of Borough Lands procedures. 

 

Nancy Bale, invited everyone to the Stampede Summit that will be held on April 2nd and 3rd in Healy.  This Summit will be a “Conference on the future of the Wolf Townships-Stampede area.”

 

9.)  Executive Session regarding lawsuit filed by Mr. David Braun, and consideration of certain matters relating to the lawsuit which are by law required to be kept confidential.

 

MICHAELS MOVED to postpone until the next meeting, MERCER seconded.  The VOTE was unanimous.

                                   

ASSEMBLY               CASWELL brought up the Fox Realty issue.  He is

COMMENTS             offended by the possibility that this developer was aware of the problem and trying to get the subdivision pushed through the Planning Commission.

 

                                    LAUGMAN also discussed the Fox Realty issue and that it was too bad the testimony from Mr. Levy came after the Planning Commission takes action.  The Public Comments should be moved prior to doing Planning Commission business on the agenda so that the public can give testimony prior to passing something.

 

                                    MERCER addressed the Work Session issue.  He doesn’t have a problem with the Work Sessions being earlier which would give the Assembly more time but the Work Sessions could also be held on a different day.

 

                                    EVANS discussed the Public Comment periods on the agenda and having them just prior to taking action on an issue. 

 

NEXT MEETING       1.)  Set the time and date for the next regular meeting to be held at the Tri-Valley Community Center on April 7, 2004. Work Session to follow the Planning Commission meeting which starts at 6:00 PM, Public Hearing 7:00, and regular meeting to follow.

 

ADJOURN.                Presiding officer Pollock declared the regular meeting adjourned at 10:00 PM.

 

 

 

 

ATTEST:  _______________________  APPROVED:  __________________

                           Borough Clerk                                                   Chairman

 

 

 

Date Approved: April 7, 2004