Minutes of the Regular Meeting

Denali Borough Assembly

McKinley Park Community Club

May 12, 2004

 

CALL TO ORDER    Presiding officer Gerald Pollock called the regular meeting to order at 7:00 pm.

 

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

 

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

 

PUBLIC                      Mike Crofoot, Denali Crow’s Nest, spoke in favor of the

COMMENTS             Nenana Canyon right-of-way encroachment permit between the Denali Borough and the Department of Transportation (DOT).  He also spoke in favor of the sale of alcohol on Election Day.  Mr. Crofoot felt that the current law of non alcohol sales on Election Day hurt the tourist businesses in lost revenues.  He encouraged the Assembly to remove this law.

 

Mr. Crofoot spoke about the highway development in the Nenana Canyon and the removal of the TOD signs and naming of the driveways in the Canyon.  The DOT has installed candy cane red light poles, 25 stop signs, which include one at every driveway, road and pedestrian crossings.  Also added were bright yellow plastic markers at every culvert and huge metal electrical boxes painted bright red.

 

There is a move to fix this before the construction season ends. The Park Service is ready to sign on in objection to this, if the Borough finds the need to address a change. Mr. Crofoot requested that the Borough step in and support the business community and work on this problem.

 

Mr. Crofoot spoke about the removal of the TOD signs in the Canyon.  The DOT is reluctantly willing to put up road signs but with the condition that no business names be used for the naming of the roads.  Mr. Crofoot felt that this condition was unfair to the established businesses in that area.

 

AGENDA                   MICHAELS MOVED to approve and SKINNER seconded. 

 

MERCER MOVED to amend by moving item J5 to item D1 and item J1 to item D2, SKINNER seconded.  The VOTE on the amendment was 6-1 with MICHAELS opposed.

 

The VOTE to approve the agenda as amended was unanimous.

 

EXECUTIVE              The Chair entertained a motion to go into Executive

SESSION                   Session regarding the lawsuit filed by Mr. David Braun, and consideration of certain matters relating to the lawsuit which are by law required to be kept confidential.  MERCER so MOVED and SKINNER seconded.  The roll call VOTE was unanimous.

 

                                    The Chair entertained a motion to call the meeting back to order at 8:01PM, MICHAELS so MOVED and TRYTKO seconded.  The roll call VOTE was unanimous.

 

STATEMENT OF      Mayor Talerico read a public statement outlining the.

AGREEMENT           agreements of the settlement conference held on May7, 2004 (attached to the minutes as Attachment A).

 

                                    The Chair entertained a motion to accept the agreement, SKINNER so MOVED and EVANS seconded.  The roll call VOTE was unanimous.

 

RESOLUTION           A resolution of the Denali Borough Assembly to review the current apportionment plan as requested by a petition of the people of the Denali Borough.

                                   

The Chair entertained a motion to approve the resolution.  MICHAELS so MOVED and MERCER seconded.  The roll call VOTE was unanimous.  This will be Resolution 04-06.

 

MINUTES                   1.)  Assembly Meeting:  Public Hearing and Regular Meeting held on April 7, 2004.

                                   

                                    EVANS MOVED to adopt the April 7, 2004 minutes, TRYTKO seconded.  The VOTE was unanimous.

 

FINANCIAL                1.)  Financial report for March 2004.

REPORT

                                    The Chair entertained a motion to receive the financial reports.  MICHAELS so MOVED and SKINNER seconded.  MICHAELS noted that the “Budget vs. Actual” was corrected.  The VOTE was unanimous.

                                   

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

REPORT                    discussed the yearly Denali National Park tour and asked the Assembly for preferred dates.  The Mayor is setting up two separate tours so that everyone will have a chance to take the tour. 

 

SCHOOL                   Superintendent Bob Wicker gave a written report.

REPORT

 

COMMITTEE             1.) Land Use Planning Committee Seat G.

SEAT

APPOINTMENT        Mayor Talerico made a recommendation for Jon M. Nierenberg to Seat G, LUPC.  MICHAELS MOVED to appoint Mr. Nierenberg.  EVANS seconded.  The VOTE was unanimous.

                                   

ASSEMBLY               EVANS voiced a concern about the Borough gravel pit.  The

COMMENTS             Department of Transportation (DOT) cut some drainage ditches along the highway and directed the water into the

Borough gravel pit and now the pit is full of water.  Another problem is the survey and roadwork tape and garbage that were left from last year’s road construction.  Evans suggested contacting DOT about these issues.

 

MICHAELS announced that the next Northern District Work Session will be held in Anderson at the Council Chambers on July 12, 2004.  There will not be a June Work Session.

 

MICHAELS reminded the Assembly that the issue on allowing liquor sales on Election Day has been on the ballot twice and voted down both times.

                                   

ORDINANCES          1.)  Ordinance 04-05, Version A, an ordinance amending the Denali Borough budget for fiscal year 2004.

 

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

 

2.) Ordinance 04-06, Version A, an ordinance of the Denali Borough providing for the establishment and adoption of the budget for the fiscal year 2005.

 

MICHAELS MOVED to amend the first page to include the explanation of forward funding.  MERCER seconded.  The VOTE was unanimous.

 

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

 

3.) Ordinance 04-07, Version A, an ordinance establishing the Denali Borough Capital Improvements Program (CIP) for fiscal year 2005 through 2010.

 

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

 

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

 

                                    The Chair entertained a motion to adopt, MERCER so MOVED and SKINNER seconded.

 

                                    MICHAELS MOVED to amend by deleting the lease rate multiplier B, MERCER seconded.  Discussion followed.  The VOTE was 6-1 with POLLOCK opposed.

 

                                    The roll call VOTE to adopt 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, MERCER seconded.  The motions were withdrawn.

 

                                    MICHAELS explained the reasons for this ordinance.  Discussion followed.

 

                                    TRYTKO MOVED to adopt, SKINNER seconded.  The roll call VOTE was 6-1 with EVANS opposed.

 

                                    There was an understanding that during the transition period the Assembly would continue to serve as the Planning Commission.

 

BREAK                      The Chair called a break at 9:20 PM.

 

RECONVIEND          The Chair called the meeting back to order at 9:30 PM.

                                   

                                    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.

                                   

                                    SKINNER MOVED to adopt, EVANS seconded.  The roll call 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.

                                   

                                    SKINNER MOVED adopt, EVANS seconded.  The roll call 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.

 

                                    SKINNER MOVED to adopt, MERCER seconded.  The roll call 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.

 

                                    MERCER MOVED to adopt, SKINNER seconded.  The roll call VOTE was 6-1 with MICHAELS opposed.

 

                                    10.) Ordinance 02-06, Version A, an ordinance providing for an ethics commission and disposal of alleged violations.

                                   

                                    MICHAELS MOVED to postpone indefinitely, MERCER seconded.  The VOTE was unanimous.

 

RESOLUTIONS        1.) A resolution of the Assembly pertaining to the asset allocation of the permanent Investment fund.

 

Mayor Talerico explained the resolution.  Discussion followed. 

 

MICHAELS MOVED to approve, SKINNER seconded.  The roll call VOTE was unanimous.  This will be Resolution 04-07.

 

2.)  A resolution expressing the commitment and support of the Denali Borough to accept an encroachment permit to place and maintain an interpretive kiosk on the Kingfisher Turnout located within the Nenana Canyon at Kingfisher Creek.

 

Mayor Talerico spoke in favor of this resolution.

 

MERCER MOVED to approve, SKINNER seconded. 

 

Discussion followed.

 

The roll call VOTE was unanimous.  This will be Resolution 04-08.

 

SKINNER MOVED to support the Mayor for his decision on the choice of Milepost Marker A, MERCER seconded.  The VOTE was unanimous.

 

SKINNER MOVED to have the colors be a green roof with brown uprights and that Bill Evans from DOT be the person to design the maps for the kiosk.  TRYTKO seconded.  The VOTE was unanimous.

 

OTHER                       1.)  Approval of DNR’s request to receive a public right- of-way from the Borough for two roads in order to legalize

BUSINESS                access to the Rex Trail.

                                   

The Clerk reported that there was no update from the DNR on this matter.  The DNR still doesn’t have the legal description that the Borough requested.

 

                                    This item was postponed until the next meeting.

 

                                    3.)  Approval of the Temporary Land Use Permit, Draft D.

                                   

                                    SKINNER MOVED to adopt, MERCER seconded.

 

                                    MICHAELS MOVED to amend Page 11, Item 33 to read “This permit does not convey an interest in Borough land and as such is revocable immediately, with cause.” MERCER seconded.  The VOTE was unanimous.

 

                                    MICHAELS MOVED to change on Page 1, the last paragraph to read:  “This permit is not a property right.  It is a temporary authorization for non-exclusive use, revocable by the Borough with cause.”  SKINNER seconded.  The VOTE was unanimous.

 

                                    The roll call VOTE to adopt was unanimous.

 

                                    4.)  Public Comments.

 

                                    Nancy Bale, Denali Citizens Council (DCC), spoke about the Coal Bed Methane Gas meeting on Friday night, May 14, 2004 from 6- 10 PM at the Tri-Valley Community Center. At the time of setting up the public meeting, the DCC did not know about the retirement party that was planned for the same night.

 

                                    Ms. Bale informed everyone that she will have copies of the guidelines the Mat-Su Borough has passed on the Coal Bed Methane issue and she will also have information on what the State Legislature is doing also.

 

                                    Teresa Hall, Personnel Committee Chairperson, reminded everyone of the Joint Work Session between the Assembly and the Personnel Committee that will be held on Sunday, May 16, 2004 from 11-2 PM at the Tri-Valley Community Center.

 

                                    Ms. Hall also spoke about the Alaskans United group that has reunited. 

 

                                    On June 18, there will be a sobriety dance provided by the Mental Health Association at the Tri-Valley Community Center.

 

                                    Eileen Holmes, Anderson City Mayor, spoke about the Wellness Coalition.  They meet every Tuesday at 2:00 PM. On the Anderson Subdivision update, the RFP’s are out and due back on May 13, 2004.  There will be a decision on May 18th on who is going to do the development.

 

ASSEMBLY               MICHAELS commented on the Coal Bed Methane

COMMENTS             project industrial development and zoning, and how zoning can work to our benefit sometimes.

 

                                    EVANS thanked everyone who attended the settlement conference and was impressed with the way our court system worked.

 

                                    TRYTKO thanked the folks for attending the settlement conference.

 

                                    SHELDON thanked the Presiding Officer on keeping the meetings going and for a job well done.

 

NEXT MEETING       1.)  Set the time and date for the next regular meeting to be held at the Cantwell School on June 2, 2004. Work Session to follow the Planning Commission meeting which starts at 6:00 PM, Public Hearing 7:00, and regular meeting to follow.

 

                                    The Chairman entertained a motion to change the regular meeting date to June 2, 2004.  MICHAELS so MOVED and SKINNER seconded.  The VOTE was unanimous.

 

ADJOURN.                Presiding officer Pollock declared the regular meeting adjourned at 10:14 PM.

 

 

ATTEST:  Signature on File APPROVED:  Signature on File

                    Borough Clerk                                          Presiding Officer

 

 

 

Date Approved: June 2, 2004