Legislature(1999 - 2000)
03/30/1999 08:06 AM House CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
March 30, 1999
8:06 a.m.
MEMBERS PRESENT
Representative Andrew Halcro, Co-Chairman
Representative John Harris, Co-Chairman
Representative Carl Morgan
Representative Lisa Murkowski
Representative Fred Dyson
Representative Reggie Joule
Representative Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
*HOUSE BILL NO. 133
"An Act relating to municipal service areas and providing for voter
approval of the formation, alteration, or abolishment of certain
service areas; and providing for an effective date."
- MOVED OUT OF COMMITTEE
HOUSE BILL NO. 63
"An Act relating to land use regulation in residential zones by
home rule municipalities."
- HEARD AND HELD
(* First public hearing)
PREVIOUS ACTION
BILL: HB 133
SHORT TITLE: VOTER APPROVAL OF SERVICE AREA CHANGES
SPONSOR(S): REPRESENTATIVES(S) BUNDE, Halcro
Jrn-Date Jrn-Page Action
3/11/99 428 (H) READ THE FIRST TIME - REFERRAL(S)
3/11/99 428 (H) CRA, FINANCE
3/15/99 463 (H) COSPONSOR(S): HALCRO
3/25/99 (H) CRA AT 8:00 AM CAPITOL 124
3/25/99 (H)
3/30/99 (H) CRA AT 8:00 AM CAPITOL 124
BILL: HB 63
SHORT TITLE: LAND USE IN HOME RULE BOROUGH
SPONSOR(S): REPRESENTATIVES(S) HALCRO
Jrn-Date Jrn-Page Action
1/25/99 79 (H) READ THE FIRST TIME - REFERRAL(S)
1/25/99 79 (H) CRA
2/11/99 (H) CRA AT 8:00 AM CAPITOL 124
2/11/99 (H)
3/25/99 (H) CRA AT 8:00 AM CAPITOL 124
3/25/99 (H) HEARD AND HELD
3/30/99 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
REPRESENTATIVE BUNDE
Alaska State Legislature
Capitol Building, Room 501
Juneau, Alaska 99801
Telephone: (907) 465-4843
POSITION STATEMENT: Testified as Sponsor of HB 133.
MERLE JANTZ, Road Service Area Commissioner
Chair, Ad hoc Road Service Area Commissioners Committee
Fairbanks Northstar Borough Road Service Areas
1077 Vincent Court
North Pole, Alaska 99705
Telephone: (907) 451-9353
POSITION STATEMENT: Supported HB 133.
BILL MCDONALD, Co-Chair
Annexation Subcommittee, Fairbanks Northstar Borough Road Service
Areas
PO Box 84211
Fairbanks, Alaska 99708
Telephone: (907) 456-2115
POSITION STATEMENT: Supported HB 133.
RANDY FRANK, Road Service Area Commissioner
Co-Chair, Annexation Subcommittee
Fairbanks Northstar Borough Road Service Areas
PO Box 81109
Fairbanks, Alaska 99708
Telephone: (907) 479-4396
POSITION STATEMENT: Supported HB 133.
RANDY CLENDANIEL, Chairman
Airway Road Service Area in North Pole
3045 Taxi Lane
North Pole, Alaska
Telephone: (907) 488-3273
POSITION STATEMENT: Concurred with HB 133.
HENRY CORBIN, Road Service Area 17
PO Box 873489
Wasilla, Alaska 99687
Telephone: (907) 373-6170
POSITION STATEMENT: Opposed HB 133.
JIM NORCROSS, Willow Road Service Area
Member, Advisory Road Service Area Board for the Mat-Su Borough
PO Box 242
Willow, Alaska 99688
Telephone: (907) 495-6650
POSITION STATEMENT: Discussed the Mat-Su Valley situation.
KAREN HENDRICKSON
Talus West Limited Road Service Area
4731 Talus Drive
Anchorage, Alaska 99516
Telephone: (907) 345-5634
POSITION STATEMENT: Supported HB 133.
CHERYL RICHARDSON
1747 Laurence Court
Anchorage, Alaska 99501
Telephone: (907) 272-0738
POSITION STATEMENT: Supported HB 63.
ACTION NARRATIVE
TAPE 99-22, SIDE A
Number 0001
CO-CHAIRMAN HARRIS called the House Community and Regional Affairs
Standing Committee meeting to order at 8:06 a.m. Members present
at the call to order were Representatives Halcro, Harris, Morgan,
Murkowski, Joule and Kookesh. Representative Dyson arrived at 8:08
a.m.
HB 133 - VOTER APPROVAL OF SERVICE AREA CHANGES
Number 0096
REPRESENTATIVE BUNDE, Sponsor of HB 133, Alaska State Legislature,
stated that HB 133 is a working example of democracy at the local
level. He informed the committee that there are some 200 limited
service areas in Alaska. These are mainly road service areas that
allow folks to assess themselves for road maintenance. These
service areas are able to hire a private contractor with the funds
they have assessed rather than requesting the city or the state to
perform the road maintenance. In this situation, the service area
determines the level of service desired. The service area elects
a road service supervisor, who is the point person for the area to
deal with the private contractor. The local municipality would
conduct the election for the service area and receives an
administrative fee for that service. Representative Bunde hoped
that there would be support of this local participation.
REPRESENTATIVE BUNDE pointed out that HB 133 would allow the
abolishment of a service area subject to the approval of a majority
of the voters residing within and around the service area. This
would avoid the possibility of a small area being dominated by the
votes of the surrounding larger area. If there is desire to
abolish and replace a service area, there must be separate approval
by a majority of the voters residing within an existing service
area and voters residing in the proposed service area, but outside
the existing service area. If there is a desire to alter or
combine service areas, there must be approval by the majority of
voters who reside in each of the service areas or in a proposed
service area.
REPRESENTATIVE MURKOWSKI noted that the committee packet includes
an article dated February 19, 1998 from the Chugach Eagle River
Star which discussed legislation regarding service areas. In that
article the opponent to that legislation stated, as reported by the
Chugach Eagle River Star, "...the legislation would 'severely
restrict' the ability of home-rule municipalities such as Anchorage
in managing their affairs." She asked Representative Bunde what
his response to that would be.
Number 0455
REPRESENTATIVE BUNDE stated that there must constantly be a
balancing of the needs of small entities and the municipality.
REPRESENTATIVE MURKOWSKI inquired as to whether the Municipality of
Anchorage supported HB 133.
REPRESENTATIVE BUNDE noted that he had not had any lobbying in
opposition to HB 133. In further response to Representative
Murkowski, Representative Bunde informed the committee that he had
not contacted the Alaska Municipal League (AML).
CO-CHAIRMAN HARRIS asked if HB 133 would pertain to subdivision
streets only or would it be relevant to main arterials as well.
REPRESENTATIVE BUNDE clarified that HB 133 would pertain to the
local streets within the service area. The main arterials are
either state or municipal roads. Representative Bunde explained
that a member of a local road service area would pay for the
maintenance of their street and would also be assessed for the
overall maintenance of city streets if the person resides within a
municipality.
CO-CHAIRMAN HALCRO commented that part of the beauty of limited
road service is that there is local control of the service. If the
service of a contractor is not liked, the contractor can be fired.
If the limited road service area wanted to pay more for better
services, the limited road service area would make that
recommendation.
REPRESENTATIVE BUNDE agreed with Co-Chairman Halcro. Many in
limited road service areas, due to the direct relationship with
those maintaining the roads, receive more prompt service.
Number 0707
REPRESENTATIVE DYSON noted that he has had much experience in this
area through his service on a local road board. He agreed with
Representative Bunde's characterization that this is a balancing
between local control and the bigger picture. He asked of those of
us who believe there is a bigger picture, do we have the right to
force consolidations and ignore the local control. Representative
Dyson said that people should have the right of self-determination,
which he believed HB 133 would protect, even when some believe
there is a better or wiser way. He stated that the local road
boards and parks and recreation boards in the Municipality of
Anchorage are, for the most part, very efficient. Representative
Dyson viewed HB 133 as allowing the continuation of an efficient
manner of business as well as allowing local participation and
direction of services. Representative Dyson suspected that the
Municipality of Anchorage would weigh in with ambivalence on this
issue.
CO-CHAIRMAN HALCRO informed the committee that in 1996 there was an
issue on the ballot that would have forced police services to those
on the Hillside in Anchorage. Under the unification of the City of
Anchorage, he believed that the framers of the charter acknowledged
the presence of service areas and wanted to protect those service
areas. Some of the arguments utilized with the police issue do not
apply to the limited road service area. This issue is completely
different.
REPRESENTATIVE BUNDE agreed with Co-Chairman Halcro's comments that
the police service issue is absolutely different than this issue.
REPRESENTATIVE DYSON respectfully disagreed. He believed that the
police service issue argues the same principle. Representative
Dyson reiterated the need for self-determination.
Number 1198
MERLE JANTZ, Road Service Area Commissioner, testified via
teleconference from Fairbanks. He informed the committee that
currently, he is chairing an ad hoc committee of road service
commissioners in the Fairbanks area. Mr. Jantz noted that his
interest emanates from his position as a road service area
commissioner of a small area that the local municipality attempted
to annex a large portion of without the area's concurrence. He
pointed out that last year a few of the road service commissioners
met to discuss budget and annexation issues. The number one issue
of the commissioners was that both areas, the existing and the new
area, participate in the election for a service area. Mr. Jantz
supported HB 133 and urged the committee to move it forward.
BILL MCDONALD, Co-Chair, Annexation Subcommittee, Fairbanks
Northstar Borough Road Service Areas, testified via teleconference
from Fairbanks. He informed the committee that there has been
overwhelming agreement that both parties in the old and new service
area should have the right to vote on any issue involving
annexation. Mr. McDonald pointed out that the notification process
has been a problem which the subcommittee is currently addressing.
Mr. McDonald supported HB 133.
RANDY FRANK, Road Service Area Commissioner, Co-Chair, Annexation
Subcommittee, Fairbanks Northstar Borough Road Service Areas,
testified via teleconference from Fairbanks. Mr. Frank supported
HB 133 and echoed Mr. Jantz and Mr. McDonald's comments.
RANDY CLENDANIEL, Chairman, Airway Road Service Area in North Pole,
testified via teleconference from Fairbanks. Mr. Clendaniel
commented that he had discussed his frustrations with this issue
with Representative Therriault. Several years ago the borough
attempted to annex an area that had never had a road service area.
The area had charged itself a mill rate for 12 years, but the
borough expected the area to become annexed and therefore moving
the cash to the borough for the five year period desired. Mr.
Clendaniel believed that if government is kept at the lowest
economic denominator, things are cheaper. Mr. Clendaniel concurred
with HB 133.
Number 1539
HENRY CORBIN, Road Service Area 17, testified via teleconference
from the Mat-Su Valley. He said that people in his area were not
in favor of HB 133 which would alter a system that already works.
He stated that he was happy with the current system.
JIM NORCROSS, Willow Road Service Area, Member, Advisory Road
Service Area Board for the Mat-Su Borough, testified via
teleconference from the Mat-Su Valley. He clarified that HB 133 is
essentially the same as SB 208. Mr. Norcross expressed concern
that the language in HB 133 refers to service areas, although the
primary concern and discussion is road service areas. He asked if
he was correct that the language in HB 133 only specifies service
areas.
REPRESENTATIVE BUNDE said Mr. Norcross was correct.
MR. NORCROSS informed the committee that the Willow Road Service
Area discussed SB 208 in December of 1998. During that meeting,
the district assembly person, three road supervisors, and 21 public
members voted in support of SB 208. At the Area-wide Advisory
Board meeting on March 18, 1999 there was a vote taken to support
HB 133 with only one dissenter. If HB 133 is not passed, Mr.
Norcross feared that the Mat-Su Valley would once again attempt to
consolidate road service areas which would place the power in the
core area, Palmer, from which it would be distributed. The local
road service areas would have lost control of their funds, their
control in general with regard to the determination of which roads
would be repaired and in what order. Mr. Norcross felt such a
situation would be a great injustice.
MR. NORCROSS referred to a previous statement that the road service
area would have the power to hire and fire contractors. He stated
that the Willow Road Service Area does not have that power, but
rather answer to a Road Superintendent hired by the borough who
administers the contract as the road service area requests
maintenance and/or repair work which is dictated by the public.
REPRESENTATIVE BUNDE announced that he had to leave for a
subcommittee meeting, but that Patti Swenson, his Legislative
Assistant, would be present for questions. With regards to the
hiring and firing of the contractor, the residents of the service
area can talk with the person elected to administer the road
service area who has the right to hire someone new.
KAREN HENDRICKSON, Talus West Limited Road Service Area, testified
via teleconference from Anchorage. Ms. Hendrickson supported
HB 133. She noted that the Talus West Limited Road Service Area is
a suburban urban road service area surrounded by the Anchorage road
service area. Ms. Hendrickson informed the committee that a
credible municipal source had informed her that a certain faction
of the Municipality of Anchorage is attempting to abolish or annex
the limited road service areas within the municipality. Due to the
heavy bark beetle kill on the Hillside, the municipality will
attempt to say that the limited road service areas do not allow
adequate access for emergency vehicles. Therefore, the
municipality will attempt to force the annexation of these roads
into the municipality on the basis that the roads are substandard.
MS. HENDRICKSON pointed out that even if the limited road service
areas wanted to upgrade their roads, there are two problems. The
limited road service areas have a sunset clause which requires a
vote to maintain a limited road service area every three years.
The sunset clause eliminates the possibility of bonding. The other
problem is that the limited road service area can only tax itself
in the area of maintenance and improvements; the improvements
cannot be capital improvements. Therefore, the limited road
service area would not have a means to obtain funding to upgrade
the roads. Ms. Hendrickson emphasized that HB 133 would protect
the limited road service area from such a situation. She informed
the committee that she is a housewife who became involved in this
issue because she believed the local area could better decide the
needs of the area than the municipal government.
Number 2013
CO-CHAIRMAN HALCRO inquired as to how long Ms. Hendrickson had been
a resident of the Hillside.
MS. HENDRICKSON informed the committee that she had been a Hillside
resident for about 10 years and a board member for about 2 years.
In further response to Co-Chairman Halcro, Ms. Hendrickson said
that during a heavy snow fall the streets would be plowed within
two or three hours. She noted that the Talus West area has an
extremely good contractor. The Talus West area reviews the
contractor yearly. The administrator at Public Works for the
municipality notifies the service area when the contract is up for
review. At that time, a review can occur and a new contract can be
requested. Ms. Hendrickson emphasized that her area is extremely
happy with their service. Ms. Hendrickson pointed out that the
services are provided at about one-third of what the municipality
would charge for similar services. She believed that the longest
it has taken to plow was about six hours; she did not believe
anyone in the Anchorage service area received such prompt service.
There being no further public testimony, the public testimony was
closed.
Number 2103
REPRESENTATIVE DYSON moved to report HB 133 out of committee with
individual recommendations and the accompanying zero fiscal note.
There being no objection, it was so ordered.
The committee stood at ease from 8:36 a.m. to 8:40 a.m.
HB 63 - LAND USE IN HOME RULE BOROUGH
Number 2136
CO-CHAIRMAN HARRIS announced that final order of business before
the committee would be HOUSE BILL NO. 63,"An Act relating to land
use regulation in residential zones by home rule municipalities."
He noted that this meeting would continue the public hearing
portion of HB 63.
CHERYL RICHARDSON, testifying via teleconference from Anchorage,
said that HB 63 seems to have the potential to make Alaska's cities
more liveable. She discussed the problems that arise from gravel
extraction such as dust and modifications of the natural
surroundings. Ms. Richardson supported HB 63 because the bill
makes the city more liveable while providing local control.
CO-CHAIRMAN HALCRO commented that after the initial hearing of HB
63 last Thursday, there were a number of members who were
interested in the municipality's response to HB 63. The
municipality believes that HB 63 hampers the municipality's ability
for local control. Co-Chairman Halcro informed everyone that after
today's public testimony, he intended to allow the municipality to
craft legislation that would protect neighborhoods. Co-Chairman
Halcro asked Ms. Richardson to share her frustration with regard to
the inaction of local government in addressing neighborhood issues.
MS. RICHARDSON noted that the Sand Lake gravel pit has been a
concern for that area for years. She was most familiar with the
gravel pit by O'Malley where there are such concerns as the lack of
dust suppression. She understood the neighborhood's concerns as
well as the municipality's concerns with regard to local control.
Ms. Richardson pointed out that the municipality's view of local
control may be different than that of the neighborhood. She
indicated that as neighborhoods hear about HB 63 there would be a
great amount of support for it.
CO-CHAIRMAN HARRIS informed the committee that the committee packet
included a response from the Alaska Municipal League as well as the
Municipality of Anchorage.
REPRESENTATIVE MURKOWSKI said she appreciated Co-Chairman Halcro's
willingness to negotiate with the municipality on this.
CO-CHAIRMAN HARRIS closed the public testimony. He informed the
committee that he intended to hold HB 63.
ADJOURNMENT
There being no further business before the committee, the House
Community & Regional Affairs Standing Committee meeting was
adjourned at 8:46.
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