The Alaska Dog Mushers Association should be able to spend more money on its trails and others things after the Fairbanks North Star Borough Assembly granted it a property tax break.

Read about it in this Fairbanks Daily News-Miner article. (And if you can’t read the article because you don’t subscribe, you really should. The News-Miner is struggling and we really need local professional news organizations.)

Thank you to everyone who advocated on the part of the ADMA. While this will probably mean slightly higher taxes for property owners in the borough, the benefits are well worth it. The ADMA will have another $7,000+ to spend on its operations, which include maintaining miles and miles of trails right on the urban edge of Fairbanks.

To celebrate, go out and use the trails! But remember to donate to the ADMA!

A land use issue involving some of the Alaska Dog Mushing Association trails is barreling down on us like an out-of-control freight train. Or maybe it’s not. It depends on your point of view.

I’ve been spending too much time trying to understand it. The issue is complicated. It’s like a legal thriller. Its got distractions, complications, and a “ticking time bomb.” (Actually, it’s got a couple of “time bombs.”)

One “time bomb” involves trail advocates like you. If you want to comment in writing you have until 5 p.m. on Tuesday, December 10. (That’s today!) Instructions on how to comment are at the bottom of this post.

But I’m getting ahead of myself. First the facts (at least as I understand them). And you should refer to the map when reading these.

The Facts

• The Conservation Fund, a national environmental group, has purchased a 320-acre block of land from the University of Alaska (UA). The group plans to donate the land to the state to become part of Creamer’s Field Migratory Waterfowl Refuge.
  • This block of land is referred to on the map as N ½ S 33.
  • (This is kind of a distraction since this is already happening. Sale of that land and transfer to the refuge are not contingent on all this other stuff.)
• The Conservation Fund (I’ll just call it the Fund) wanted to purchase more UA land just to the west of the first block of land to also donate to the refuge. UA does not want to sell the entire parcel to the Fund, but it is willing to sell the portion labeled NE ¼ S32, which is 160 acres.
  • On the map this second, oddly shaped parcel comprises the blocks of land labeled “NE ¼ S32” and “Remainder.”

Here’s where things get complicated.

• In order to sell just a portion of that second parcel, UA must first subdivide the property.
• The ADMA trails are included in the Fairbanks North Star Borough (FNSB) Comprehensive Recreational Trails Plan.
• Owners wanting to subdivide lands with trails included in the Trails Plan must dedicate an easement for those trails, unless the borough gives the owner a variance.
• The Fund wants to donate the land labeled NE ¼ S32 to the refuge, however, the refuge does not want the land if the trails have easements.
  • The rest of the ADMA trails in the refuge do not have easements and the refuge wants them to be managed consistently.

Not complicated enough? Here’s more:

• The land labeled NE ¼ S32 has just 600 feet of trail on it
• The land labeled Remainder has several thousand feet of the 19.8-Mile ADMA trail, but the application is not clear that the trail sections on Remainder will get easements. (Remember, this is a subdivision process and the trails are supposed to get protections under that process.)
  • Just for fun here is the relevant wording from the application (page 33 in the Platting Board packet):
    • “The proposed action does not remove the requirements of Title 17.56.040(A) on the remainder tract Section 32; future subdivisions of the remainder tract Section 32 must address Jeff-Stoddard trails.”
      • (First, try to ignore the misspelling of the Jeff Studdert Sled Dog trails. That stuff happens.)
    • Anyway, does this mean the trail sections in Remainder will get easements with this subdivision? Or does it mean they will get easements only if there are future subdivisions? (Update; The trail sections in Remainder are also included in the variance request, so would not get easements if the variance is granted.)
  • And here’s another bullet point! The 19.8-Mile ADMA trail in Remainder also goes off Remainder on to other UA land that it leases to Great Northwest construction company for peat and gravel extraction. That trail has already been rerouted once because of conflict with company operations. UA wants to reroute that trail off the leased land. It is working with the borough, but it hasn’t submitted a reroute option to the borough.
    • Of course, the trail was rerouted and that indicates the willingness of UA to work with the ADMA to keep the trail system intact.
    • By the way, the ADMA has a license with UA for trails across UA’s land. It is revokable with 90 days notice, but the trails have been there for years.

Want even more complications? Or are they distractions? Doesn’t matter, we’ve got ‘em!

• Joe Nava wants to donate a 40-acre block of land just to the west of NE ¼ S32 to the refuge, but without NE ¼ S32 the land would not be contiguous with the refuge. Fish and Game does not want a small non-contiguous piece land as part of the refuge. Nava’s property has a portion of ADMA trail with an existing easement.
• Henrick Wessel has a parcel just to the south of Nava’s and is apparently willing to sell to The Fund. His parcel of land also has a portion of ADMA trails.

And I promised “ticking time bombs,” right? Here they are!

• The funding the Fund has to purchase NE ¼ S32 expires at the end of this year. (Update: The deadline has been extended for six months.)
• UA and The Fund are asking the FNSB Platting Board for a variance from dedicated trail easements on NE ¼ S32 (but the application is unclear on what happens with the trails on the rest of the land). The Platting Board is meeting Dec 18.
• Anyone wanting to submit written comments has to do so by 5 p.m. today (December 10)!

Think that’s it? Ha! You wish!

• The FNSB Trails Advisory Commission and Trails Coordinator have recommended against the variance because doing so will not guarantee that the public maintains access to those trails. In short, the trail protections “hinge on intentions rather than certainties.”
  • According to a report by the Trails Coordinator Bryant Wright: “Despite stated intentions, completing this subdivision without dedication…will leave trails in this parcel unprotected and in trespass.”
    • The subdivision process does not guarantee the land will actually be sold to the Fund and that the Fund will transfer it to the refuge, so the TAC and Wright shouldn’t take the stated intentions into consideration.
  • Wright has several other concerns including that the ADMA trails on the Comp Rec Plan are designated non-motorized, but the ADF&G allows for motorized use on the refuge trails it manages. See his full report here.
  • Wright also outlined his concerns in an email to myself and Stan Justice. I thought he did a great job of explaining his thoughts, so I’ve included the email here. (And here’s the detail map he refers to.)

Who’s Right?

So, are the TAC and the Trails Coordinator being overly protective and short-sighted or are they wisely demanding that the process be slowed down a bit so that the trails are properly protected? Wright wonders how firm the deadline is on the funding to purchase NE ¼ S32. An extension would really help give time to work out these issues. John Wros from the Conservancy Fund says there are no guarantees that deadline on the funding can be extended or that the money can be applied for again.

• By the way, The Conservation Fund does not have a lot of name recognition in Fairbanks, but it has done a bit of work up here. Owen Guthrie, president of the Interior Alaska Land Trust, vouches for group. (“They are the ones who purchased more than 300 acres in lower Goldstream and gave it to IALT.”)

What to Do?!

• If you feel strongly about this issue, either send in written comments to the Platting Board by today! (See below.) Or attend the meeting on December 18.
• Tell the board you support the variance only if the 19.8-Mile Trail in Remainder given an easement (NOT a variance).
• Alternatively, you can support the variance and HOPE that 19.8-Mile Trail in Remainder is protected in the future.  

My Take

Ultimately, I think the variance should be granted. I want the 19.8-Mile Trail in Remainder to be given an easement, too, but if this action merely keeps in place the way things are now (easement requirements only if the land is subdivided in the future), I think I can live with that. That means the 19.8-Mile Trail is in danger of being blocked or moved, but that is the current situation and it has been like that for many years. The variance will help allow other actions that will be beneficial to the ADMA trails. I feel confident that enough of those actions will happen to make it worthwhile.

I also like the idea of Creamer’s Field Wildlife Refuge being expanded.

And while the issue of whether motorized use should be allowed on the ADMA trails is important, I feel that is best addressed through the refuge’s management plan, since a majority of the ADMA trails are already covered under that plan.  

I do appreciate the strong advocacy by the TAC and Trails Coordinator. This is a tough decision. I would rather they be too protective than not protective enough. I also appreciate the work being done by The Conservation Fund. I really hope they can add all this land to the refuge.

How You Can Comment

• Attend the Platting Board meeting and comment. It is scheduled for Dec 18, 6 p.m., in the Assembly Chambers at the Administration Center, 907 Terminal Street.
• Submit written comments on this form and send it to sharon.wittenkeller@fnsb.us by 5 p.m. December 10. You’ll need to fill out this form.
• Send an email or call individual Platting Board members: www.co.fairbanks.ak.us/Boards/BoardCommissionMeetingDocuments/PlattingBoardMbrs 09-2019.pdf

Oh, Did You Think I Was Done with Complications?

The Platting Board often has restrictive requirements that limit who can comment. (People have to have specific property interests.) But if you see that, don’t be put off. The board also has a rule that allows for comments from the general public regarding trail easements.

• Rule 22. Verbal and written testimony from the general public on legislative applications such as street vacations, determinations on trail easements and proposed changes to Title 17 shall be allowed.

See the rule on page 3 here.

To read more details the entire Platting Board meeting packet can be found here. Information on this issue starts on page 47.

P.S.

I have tried hard to get all these facts straight, but I probably made some mistakes. Please forgive me for those.

Eric Troyer

Several trails-related issues are being addressed on the borough level currently. In this post I’ll deal with the two that are being dealt with the soonest. I’m also working on posts that involve two other issues:

• The ADMA trails and a land swap that would increase the size of Creamer’s Field Wildlife Refuge,
• Trail-related projects on the borough’s capital improvement list.

Upcoming Borough Assembly Meeting

At its December 12 regular meeting, the Fairbanks North Star Borough Assembly will hold public hearings for two trail-related ordinances.

Alaska Dog Mushers Association property taxes (Ord. No. 2019 – 47)

This ordinance that would exempt ADMA property (Mushers Hall and the Jeff Studdert Trails trailhead and parking) from property taxes. While this does not directly affect trails, a tax break would allow the ADMA to spend more money on its trail system. Those trails are open to the public and are free. (Though I strongly suggest donating to the club at http://alaskadogmushers.com/donate).

While I strongly support this tax exemption, I should note that every tax break to a property owner in the borough will slightly raise the rates of all other property tax owners in the borough (including me and my wife), or at least increase pressure to do so. In this case, I think it is well worth it. We are incredibly lucky to have such an extensive trail system so close to town. We benefit from having the ADMA take care of the trails.

The specific ordinance can be found here: http://fnsb.us/assembly/OrdinanceResolutions/2019-47.pdf

Improving Borough Park Roads (Ord. No. 2019 – 20 – 1N)

This ordinance that would provide $38,161 in match funding to get $367,480 in federal highway funds to improve the access roads to Birch Hill Recreation Area and South Davis Park. This also does not directly affect trails, but it would allow the borough to improve the roads that we use to access trails at Birch Hill and the South Davis Dog Park.

The specific ordinance can be found here: http://fnsb.us/assembly/OrdinanceResolutions/2019-20-1N.pdf

Please Take Action

If you support either of these, please take one of the actions below:

• Attend the meeting and testify in support (meeting starts at 6pm on Dec 12 at 907 Terminal St.)
• Call or email one or more of the assembly members letting them know of your support: http://co.fairbanks.ak.us/assembly/Pages/Assembly-Members.aspx

Several items are coming before the Fairbanks Borough Assembly and the Borough Trails Advisory Commission this week. If you feel strongly about any of these issues, please comment.

FNSB BORO ASSEMBLY ACTIONS
Three actions coming before the Fairbanks Borough Assembly on November 14 could use some trail advocacy. If you support any of these, please take one of the actions below:

• Attend the meeting and testify in support (meeting starts at 6pm on Nov 14 at 907 Terminal St.)
• Call or email one or more of the assembly members letting them know of your support: http://co.fairbanks.ak.us/assembly/Pages/Assembly-Members.aspx

ACTIONS COMING BEFORE THE ASSEMBLY

• RESOLUTION NO. 2019 – 41: To spend $8,300 to match a $83,000 grant for multiple trailhead kiosks that will provide trail access information for multi-use trails within the Tanana Lakes Recreation Area and beyond the rec area, including the Bonnefield Trail, Tanana River, and Tanana Flats areas. (See the resolution here: http://fnsb.us/assembly/OrdinanceResolutions/R2019-41.pdf AND see the Trails Advisory Commission packet below, starting at page 21.)
• ORDINANCE NO. 2019 – 47: To exempt from borough property taxes the Mushers’ Hall and trailhead for the Jeff Studdert Trails trailhead and parking. The Alaska Dog Mushers Association owns the property. The less the ADMA has to spend on taxes, the more it can spend on the its extensive trail system. (See the ordinance here: http://fnsb.us/assembly/OrdinanceResolutions/2019-47.pdf)
• ORDINANCE NO. 2019 – 20 – 1N: To spend $38,161 as match for a $367,480 in federal highway funding to improve access roads to Birch Hill Recreation Area and South Davis Park access roads. Birch Hill has an extensive trail system and the South Davis access road access the Fairbanks Dog Park, which has several trails. (See the ordinance here: http://fnsb.us/assembly/OrdinanceResolutions/2019-20-1N.pdf)

To see the entire assembly agenda for that meeting see: http://co.fairbanks.ak.us/assembly/AssemblyMeetingDocuments/11_14_2019_REG_Fp.pdf

TRAILS ADVISORY COMMISSION

The TAC will be dealing with a number of issues at its meeting this week. For more details see the packet for the TAC November 12 meeting at: http://fnsb.us/Boards/BoardCommissionMeetingDocuments/2019Nov12TAFP.pdf

Of particular note are:

• Letters of support for Recreational Trails Program grants for the Tanana Lakes trailhead work (outlined above under Resolution No. 2019-41 and starting at page 21 of the packet) and Rosie Creek trails work, a project outlined in Resolution 2019-40, passed earlier by the Assembly. (See that resolution here: http://data.fnsb.us/assemblyvoting/viewpdf.aspx?idx=2838 and page 23 of the TAC packet.)
• A proposal by the University of Alaska Land Management and The Conservation Fund for a variance on required trail easements regarding a subdivision of land that affect the ADMA Jeff Studdert Sled Dog Trails next to Creamer’s Field Refuge. (Starting at page 24 of the TAC packet.)

The TAC meets in the Blue Room, 3rd Floor, Centennial Arts Building, Pioneer Park, 2300 Airport Way.

Contact information for the Trails Advisory Commission is here: http://www.co.fairbanks.ak.us/Boards/BoardCommissionMeetingDocuments/TrailsAdvisoryCommMbrs%2001-2019.pdf