Minutes of the Regular Meeting

Denali Borough Assembly

Tri-Valley Community Center

April 7, 2004

 

 

 

 

 

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

 

ROLL CALL           Assembly members present were: Jim Caswell, Gerald Pollock, Sid Michaels, Jennifer Skinner, Baxter Mercer, Bob Shelton, David Evans, and Cynthia Trytko.  Absent were: Neal Laugman.  Mayor Talerico was also in attendance.

 

                           MICHAELS MOVED to excuse LAUGMAN, SKINNER seconded.  The VOTE was unanimous.

 

PUBLIC               

COMMENTS         There were no public comments.

 

AGENDA               MICHAELS MOVED to approve and CASWELL seconded. 

 

MICHAELS stated that item 6 under Ordinances should be Version A, and also under other business there are two number ones.  Under Other Business, Item 6, the third item says MLE#30303, Denali Highway.  That item should read Summit and there should be a fourth item which would be MLE# 21317, Denali Highway with 640 acres. SHELTON seconded.  The VOTE was unanimous.

 

MINUTES              1.)  Assembly Meeting:  Work Session, Public Hearing, Regular Meeting held on March 10, 2004.

                          

                           MICHAELS MOVED to adopt the March 10, 2004 minutes, EVANS seconded.  The VOTE was unanimous.

 

FINANCIAL            1.)  Financial report for February 2004.

REPORT

                           The Chair entertained a motion to receive the February 2004 Financial report.  MICHAELS so MOVED and EVANS seconded.  The VOTE was unanimous.

 

MAYOR’S              Mayor Talerico gave a brief report of his activities.

REPORT              

 

SUPR.                  Superintendent Bob Wicker gave a written and verbal report.

REPORT

 

COMMISSION        1.) Personnel Committee report on Ethics Ordinances and

AND BOARD          Personnel Policy. (Teresa Hall)

REPORTS

Teresa Hall, Personnel Committee Chairperson, gave a report on the Personnel Policy and Ethics Ordinances.

 

2.)  Land Use Planning Committee (LUPC) to discuss the Temporary Land Use Permit.  (John Miner)

 

John Miner, LUPC Member, gave a report and answered questions regarding the Temporary Land Use Permit.

 

ASSEMBLY            MICHAELS reported that the Northern District Work Session

COMMENTS          was held on Monday, April 5, 2004 in Anderson and requested that the next one be scheduled for May 10, 2004 from 6:00-8:00 PM at the Anderson City Council Chambers.

 

                           CASWELL commented on the Borough loader and the quick change of the bucket to forks making the area of the quick release weak.  He explained that there are alternatives to this problem.

 

BREAK                 The Presiding Officer called a break at 7:51 PM.

RECONVENED      The meeting reconvened at 8:00 PM.

 

                           MERCER acknowledged the receipt of a petition from Mr. David Braun asking the Borough Assembly to determine whether the existing apportionment meets the standards of AS 29.20.060.

 

                           It was discussed that there were no dates on the petition of when the signatures went on the petition.  Also, it doesn’t state if the attachments were attached to the petition when it was signed.

 

                           There was concern brought up about the fact that there wasn’t a statement at the top of each of the pages stating what the petition was about except for page one.  Did people know what they were signing?

 

ORDINANCES       1.)  (Next Ordinance 04-05) An ordinance amending the Denali Borough budget for fiscal year 2004.

 

                           MICHAELS MOVED to introduce, EVANS seconded.

 

Mayor Talerico explained the amendments and answered questions.

 

The roll call VOTE was unanimous.   This will be Ordinance 04-05.

 

2.) An ordinance of the Denali Borough providing for the establishment and adoption of the budget for the fiscal year 2005.

 

MICHAELS MOVED to introduce, EVANS seconded. 

 

CASWELL explained forward funding and how the numbers are derived from the previous year revenues.

 

Mayor Talerico explained the proposed budget and answered questions.

 

The roll call VOTE was unanimous.  This will be Ordinance 04-06.

 

3.) An ordinance establishing the Denali Borough Capital Improvements Program (CIP) for fiscal year 2005 through 2010.

 

MICHAELS MOVED to introduce, EVANS seconded.  The roll call VOTE was unanimous.  This will be Ordinance 04-07.

 

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

 

MICHAELS MOVED to change page 9, item 8F, the Definition for Temporary Use of Land to “A non-exclusive use of Borough land without conveying an interest in the land…..”  CASWELL seconded.  The VOTE was unanimous.

                          

MICHAELS MOVED to change page 4 item E, Competitive Bids, as follows:  Delete “of competitive-bid designated lands.”  Also delete “are” and bring back the word “is”.  The sentence to read,” The Borough may provide for competitive bidding to lease Borough land that is suitable for commercial or industrial use.”  SKINNER seconded.  The VOTE was 7-1 with CASWELL opposed.

 

                           Discussion ensued about page 8, section 7 and adding to the Temporary Land Use Permit that the permit “may be revoked for cause within 30 days notice.”

 

                           EVANS gave a copy of a lease rate multiplier to the Assembly.  The multiplier gave a lease rate discount to revenue generating properties.  EVANS MOVED to amend Schedule A on page 5 by adding the lease rate multiplier.  MERCER seconded. 

 

 EVANS MOVED to amend changes to the lease rate multiplier under A as follows:  Delete all reference to “EQA” and “EQB.” Reverse “8-0.0375X=MA”.  Under B, line 2, delete “Where” and delete “from EQA” and add “Above.”  This will read “MA is determined above.  Also, delete “Values less than 5% from EQB will use 5% for MB” replace this with 5%≤ MA ≤ 8%.  MERCER seconded. The VOTE was unanimous.

 

                           The VOTE on the original motion was unanimous.

 

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

 

5.) Ordinance 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.

 

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

 

 6.) Ordinance 03-12, Version A, an ordinance amending the Denali Borough Code of Ordinances by the addition of Title 5, Chapter 36, a Code of Ethics for the Denali Borough Mayor, Borough Assembly, and Borough Employees.

                          

                           MERCER MOVED to amend by substitution Version B for Version A, EVANS seconded.  The VOTE was 5-2 with MICHAELS and CASWELL opposed.

 

                           MERCER MOVED to adopt, motion fails for lack of a second.

 

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

 

                           7.) Ordinance 03-14, Version A, an ordinance amending the Denali Borough Code of Ordinances by the addition of Title 5, Chapter 38, creating the Denali Borough Ethics Commission policies and procedures.

                          

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

                          

                           8.) Ordinance 03-15, Version A, an ordinance amending the Denali Borough Code of Ordinances, Appendix of Forms, P, Q, R, S, T, U, and V.

 

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

 

                           9.) Ordinance 04-03, Version A, an ordinance amending the Denali Borough Code of Ordinances by the addition of Title 5, Chapter 27, creating an Ethics Commission.

 

                           MICHAELS MOVED to amend by substitution the proposed Version B for Version A. CASWELL seconded.  The VOTE was unanimous.

 

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

 

RESOLUTIONS      1.) A resolution determining the total amount of funding to be made available from Denali Borough sources for school purposes in accordance with Denali Borough Code of Ordinances, Chapter 30, Section 9.

 

                           MICHAELS MOVED to adopt, MERCER seconded.

 

MICHAELS MOVED to correct the typo in the “Therefore be it Resolved” by amending the amount of funding to the School District from $1,250,000 to $564,194, CASWELL seconded.  The VOTE was unanimous.

 

The roll call VOTE to adopt with amendments was unanimous.

                          

OTHER                 1.)  Liquor License renewal requests

BUSINESS                   

a.)   Type:  Beverage Dispensary

License:  Anderson/Clear Lions Club #69

Location:  2nd and A Street

Owner:  Anderson/Clear Lions Club.

Agent:  Carol Shields.

 

b.)   Type:  Beverage Dispensary

License:  The Perch

Location:  Carlo Creek/Parks Highway

Owner:  Leslie LeQuire.

 

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

 

BREAK                 The Presiding Officer called a break at 9:24 PM.

RECONVENED      The Assembly reconvened at 9:37 PM.

 

2.)  Set time and date of Assembly and Personnel Committee joint work session to discuss and review the Personnel Policy.  (April 17 or 18, 2004).

 

The Assembly decided that the best date would be May 16, 2004 from 11:00 AM – 2:00 PM at the Tri-Valley Community Center.

 

3.)  Approval of Department of Natural Resource’s (DNR) request to receive a public right-of-way from the Denali Borough for two roads in order to legalize access to the Rex trail.

MICHAELS MOVED to postpone until more information is provided.  SKINNER seconded.  The VOTE was unanimous.

 

4.) Temporary Land Use permit, Draft C.

 

MICHAELS MOVED to amend Page 11 to say “for cause within 30 days.” MERCER seconded. The VOTE was 8-1 with CASWELL opposed.

 

MICHAELS MOVED to amend Page 1 to say “for cause within 30 days”, CASWELL seconded.  The VOTE was unanimous.

 

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

 

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

 

SKINNER MOVED to adopt, MERCER seconded.  The roll call VOTE was unanimous.

 

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

 

SKINNER MOVED to adopt, MERCER seconded.  The roll call VOTE was unanimous.

 

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

 

MICHAELS MOVED to keep these lands until more information is provided, CASWELL seconded.  The VOTE was unanimous.

 

8.) Discussion regarding AHTNA and a request to the Local Boundary Commission for annexation of certain lands within the Mat-Su Borough into the Denali Borough. 

 

Mayor Talerico explained.  CASWELL requested a map from AHTNA of what lands they are talking about and to ask AHTNA to attend an Assembly meeting to discuss this issue.

 

9.)  Public Comments.

 

There were no public comments at this time.

 

10.)  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.

 

Presiding Officer POLLOCK entertained a motion to go into Executive Session, MICHAELS so MOVED and MERCER seconded.  The roll call VOTE was unanimous.

 

The Presiding Officer entertained a motion to come out of Executive Session, MICHAELS so MOVED and MERCER seconded.  The VOTE was unanimous.

                          

                           MICHAELS MOVED to appoint CASWELL, MERCER, and SKINNER to represent the Assembly on the Braun vs. Denali Borough Settlement Conference that will take place on May 7, 2004 at the Court House in Fairbanks.  SKINNER seconded.  The roll call VOTE was unanimous.

 

ASSEMBLY            There were no Assembly comments.

COMMENTS         

 

NEXT MEETING     1.)  The time and date for the next Regular meeting to be held at the McKinley Park Community Center on May 12, 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 11:51 PM.

 

 

 

 

                           APPROVED:  SIGNATURE ON FILE

                                                    Presiding Officer

 

ATTEST:       SIGNATURE ON FILE

                                                     Borough Clerk

 

 

 

Date Approved: MAY 12, 2004