Legislature(1993 - 1994)

02/09/1993 09:10 AM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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          SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE                        
                        February 9, 1993                                       
                            9:10 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Randy Phillips, Chairman                                             
  Senator Robin Taylor, Vice Chairman                                          
  Senator Rick Halford                                                         
  Senator Fred Zharoff                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator Al Adams                                                             
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  AK LOCAL BOUNDARY COMMISSION - PALMER ANNEXATION                             
                                                                               
  SENATE BILL NO. 26                                                           
  "An Act relating  to the  location of the  convening of  the                 
  legislature  in  regular  session;  and  providing   for  an                 
  effective date."                                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 26 - See Community & Regional Affairs minutes dated                       
          1/28/93, 2/4/93.                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Dean Dewey                                                                   
  2407 McKenzie Drive                                                          
  Anchorage, AK 99517                                                          
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Robert Bailey                                                                
  Palmer, AK                                                                   
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Michael Dresnek                                                              
  21131 Eastside Drive                                                         
  Chugiak, AK 99567                                                            
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Eugene Hardy, Attorney representing the                                      
   Alaska Railroad                                                             
  Anchorage, AK                                                                
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Catherine Hummel                                                             
  1818 W. Northern Lights, 103                                                 
  Anchorage, AK 99517                                                          
                                                                               
                                                                               
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Marsha Melton                                                                
  Palmer City Council                                                          
  P.O. Box 891                                                                 
  Palmer, AK 99645                                                             
  POSITION STATEMENT:  Supports Palmer annexation                              
                                                                               
  Michael Gallagher                                                            
  546 N. Chugach                                                               
  Palmer, AK 99645                                                             
  POSITION STATEMENT:  Supports Palmer annexation                              
                                                                               
  David Ward                                                                   
  310 E Eagle                                                                  
  Palmer, AK 99645                                                             
  POSITION STATEMENT:  Supports Palmer annexation                              
                                                                               
  Dan Dryden                                                                   
  HC 3 Box 8118                                                                
  Palmer, AK 999645                                                            
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Clarence Furbush                                                             
  HC 01 Box 6001                                                               
  Palmer, AK 99645                                                             
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Rhonda Marcy                                                                 
  HC 3 Box 3169                                                                
  Wasilla, AK 99654                                                            
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Dave Soulak, City Manager                                                    
  City of Palmer                                                               
  231 W. Evergreen                                                             
  Palmer, AK 99645                                                             
  POSITION STATEMENT:  Offered information on annexation                       
                                                                               
  Bob Knight                                                                   
  Anchorage, AK                                                                
  POSITION STATEMENT:  Opposed to Palmer annexation                            
                                                                               
  Darrol Hargraves, Chairman                                                   
  AK Local Boundary Commission                                                 
  3343 Denali                                                                  
  Ketchikan, AK 99901                                                          
  POSITION STATEMENT:  Offered information on annexation                       
                                                                               
  Fran Hallgren                                                                
  Box 1203                                                                     
  Sitka, AK 99835                                                              
  POSITION STATEMENT:  Offered information on annexation                       
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-5, SIDE A                                                            
                                                                               
  Number 001                                                                   
                                                                               
  The Senate Community & Regional Affairs Committee was called                 
  to  order  by  Chairman Randy  Phillips  at  9:10  a.m.   He                 
  announced  the  first  order  of  business would  be  taking                 
  testimony  over the  teleconference  network  on the  Palmer                 
  annexation.                                                                  
                                                                               
                                                                               
  Number 025                                                                   
                                                                               
  DEAN DEWEY,  testifying from  Anchorage, stated  he and  his                 
  wife Melinda Dewey are  the owners of three lots  located in                 
  the  area  to  be  annexed  and  they  are  opposed  to  the                 
  annexation.   The land is  used for agricultural purposes as                 
  it has always been since they acquired it in 1975.   He said                 
  he can see no benefit to having it annexed at this time, and                 
  it would  only be another tax  burden on him which  the land                 
  cannot support.  He noted that the land contains no animals,                 
  no  buildings or trash on the  property.  He also noted that                 
  he has a quit  claim deed to the adjacent  railroad property                 
  in case that is ever abandoned.                                              
                                                                               
  Number 085                                                                   
                                                                               
                                                                               
  ROBERT BAILEY,  testifying from Palmer, said he  is the main                 
  reason this annexation is being done  and they are trying to                 
  force him to leave.  He said he bought the property  in 1967                 
  and he was there 10 to 15 years before any other houses were                 
  built  around  him.   When he  bought  the property,  it was                 
  unrestricted  land,  and the  things he  has  on it  are the                 
  things that  he has bought and collected over the years.  He                 
  said what they are trying to do to him is un-American and he                 
  has opposed this annexation since its inception.                             
                                                                               
  Number  125                                                                  
                                                                               
  MICHAEL DRESNEK  testified from  Anchorage in opposition  to                 
  the Palmer annexation, stating he was  the owner of a lot in                 
  the area to be annexed.  He said it was an  unrestricted lot                 
  when he bought it and that was  the reason he bought it.  He                 
  added that he sees no monetary gain by the City of Palmer by                 
  annexing it.                                                                 
                                                                               
  Number 150                                                                   
                                                                               
  EUGENE HARDY,  an attorney representing the  Alaska Railroad                 
  testifying  from Anchorage  stated  their opposition  to the                 
  annexation,  saying  they  see   no  particular  reason  the                 
                                                                               
                                                                               
  railroad should be included in the  annexation.  There is no                 
  financial  gain to  the  City of  Palmer  by annexing  their                 
  right-of-way because the railroad does not pay property tax.                 
  Mr. Hardy  made it clear that they are not taking a position                 
  on the issue of the other lands.                                             
                                                                               
  Number 177                                                                   
                                                                               
  CATHERINE HUMMEL testifying from Anchorage said she had been                 
  contracted  by  Robert  Bailey  to  review his  property  to                 
  determine whether unsanitary or unhealthy conditions existed                 
  on  his  property.   She  stated  she  did  not observe  any                 
  conditions out there which would have caused a threat to the                 
  health and safety  of the Palmer  residents.  Also, she  did                 
  not  have problems  dealing with  Mr. Bailey's  dogs on  the                 
  property.                                                                    
                                                                               
  Ms. Hummel said she  has worked for local and  county health                 
  departments in the  past.  She  considers the annexation  of                 
  this property is against Mr. Bailey's  rights and that it is                 
  going to end  up costing the city  a great deal of  money to                 
  fix what they call an nuisance.                                              
                                                                               
  Number 220                                                                   
                                                                               
  MARSHA  MELTON, a 12-year member of  the Palmer City Council                 
  testifying from Palmer,  stated that for years  Mr. Bailey's                 
  neighbors have suffered  problems with the condition  on his                 
  property, including  an open junk  yard containing 20  to 40                 
  junk  automobiles, debris blowing  off of his  yard onto his                 
  neighbors, and dogs  that run loose  and frighten women  and                 
  children.  She  said   the  City  of  Palmer   started  this                 
  annexation  only  after  several  meetings  when  it  became                 
  blatantly clear that  both the borough  and Mr. Bailey  have                 
  failed miserably to cure the problem.                                        
                                                                               
  Number 300                                                                   
                                                                               
  MICHAEL GALLAGHER testifying from Palmer  stated he lives in                 
  the area  of the proposed annexation, and  having loose dogs                 
  and  a  junk yard  in  the midst  of  a subdivision  full of                 
  children  is  unacceptable   and  wrong.     He  urged   the                 
  committee's support for the proposed annexation.                             
                                                                               
  Number 315                                                                   
                                                                               
  DAVID WARD of Palmer said he and his neighbors have been  in                 
  conflict  for  12  years.   They've  talked  to  Mr. Bailey,                 
  they've been  in court,  they've talked  to animal  control,                 
  they've dealt with the  city, trying everything they can  to                 
  have  this problem cured.   He said he  has children and the                 
  dogs come into  his yard and  chase his kids,  and the  junk                 
  from Mr. Bailey's property blows over onto his property.  He                 
  said  Mr.  Bailey's  property is  very  unclean,  unsafe and                 
                                                                               
                                                                               
  unhealthy.                                                                   
                                                                               
  Number 335                                                                   
                                                                               
  DAN  DRYDEN,  a   property  owner  in  Palmer,   stated  his                 
  opposition  to the  annexation.   He  said  his property  is                 
  approximately one block from Mr. Bailey's property and about                 
  one  block from the residents who  are complaining about Mr.                 
  Bailey.  He stated he has not seen anything to support their                 
  complaints  whatsoever.    He  believes  the  annexation  is                 
  inappropriate to the problems which are trying to be solved,                 
  basically neighbors who have different opinions.                             
                                                                               
  Number 365                                                                   
                                                                               
  CLARENCE FURBUSH of  Palmer stated his strong  opposition to                 
  this type of annexation.  He strongly believes that laws and                 
  actions  of  the  legislature  should   be  to  protect  the                 
  innocent.  He noted  there are nuisance laws to  address the                 
  problems people say they  are having.  He added  that he has                 
  been on Mr. Bailey's  property and that Mr. Bailey  has been                 
  doing everything he can to clean up and improve his property                 
  and to contain his dogs behind a fence.                                      
                                                                               
  Number 400                                                                   
                                                                               
  RHONDA MARCY  of Wasilla  stated that the  annexation is  no                 
  more than  an attempt  by the  City of  Palmer to  bring one                 
  person  into  its  jurisdiction  for  the  sole  purpose  of                 
  significantly  modifying  his lifestyle.    She said  if the                 
  State of Alaska  allows the  City of Palmer  to violate  his                 
  contractual agreement, Mr. Bailey has the right to assist on                 
  enforcement of this  contract or to expect  damages from the                 
  State of Alaska and the City of Palmer.                                      
                                                                               
  Number 450                                                                   
                                                                               
  SENATOR TAYLOR  asked if Mr.  Bailey was in  compliance with                 
  the  current borough code  and the laws  within the borough.                 
  BOB KNIGHT  responded that Mr. Bailey is  in full compliance                 
  with all borough  codes.  He  has a kennel license  from the                 
  borough that entitles him up to 50 dogs.                                     
                                                                               
  Number 480                                                                   
                                                                               
  DAVE SOULAK, City Manager  for the City of Palmer,  spoke to                 
  the numerous complaints  received by  the city council  from                 
  Mr. Bailey's  neighbors  concerning  the  dangers  to  their                 
  health and safety that  existed because of his dogs  and the                 
  junk yard on his property.  In 1991 the city council started                 
  the  annexation procedure, held  public hearings  only after                 
  receiving the resident's input of these complaints.                          
                                                                               
  Number 520                                                                   
                                                                               
                                                                               
  BOB KNIGHT of Anchorage who has been representing Mr. Bailey                 
  in  the annexation action,  said the  main problem  that has                 
  been overlooked is that are constitutional protections,  and                 
  these protections have  been totally ignored along  the way.                 
  Also, the City  Council of Palmer, instead  of referring the                 
  neighbors  to  a local  attorney  to bring  a  nuisance suit                 
  against Mr. Bailey, instead invited  the process to continue                 
  and  took  it up  as a  legislative  annexation matter.   He                 
  requested that  the legislature vote against  the annexation                 
  and  return it  to the  City of  Palmer where  it should  be                 
  appropriately settled.                                                       
                                                                               
  Number 545                                                                   
                                                                               
  DARROL HARGRAVES,  Chairman  of the  Alaska  Local  Boundary                 
  Commission testifying from Ketchikan, stated the  Commission                 
  used the criteria set out in statute to  approve the City of                 
  Palmer's  annexation  petition  based   upon  four  or  five                 
  different  items.    He  said  he  would  fax  a  three-page                 
  statement to the committee.                                                  
                                                                               
  Number 569                                                                   
                                                                               
  FRAN HALLGREN,  a Commission member  testifying from  Sitka,                 
  noted that at their public hearing  they had over 100 public                 
  testimonies   over  a   five-hour  period,  and   that  this                 
  information is part of that record.                                          
                                                                               
  Number 575                                                                   
                                                                               
  CHAIRMAN  RANDY  PHILLIPS  asked  for  the pleasure  of  the                 
  committee.                                                                   
                                                                               
  SENATOR HALFORD moved that the  Community & Regional Affairs                 
  Committee introduce a resolution disapproving the annexation                 
  for the City  of Palmer  for the committee's  consideration.                 
  Hearing no objection, it was so ordered.                                     
                                                                               
  SENATOR ZHAROFF  clarified that  just because  there was  no                 
  objection   to  introducing  the  resolution,  it  does  not                 
  necessarily mean that the members are going to vote that way                 
  on the floor.                                                                
                                                                               
  TAPE 93-5, SIDE B                                                            
                                                                               
  Number 001                                                                   
  CHAIRMAN  RANDY  PHILLIPS  introduced   SB  26  (LEGISLATIVE                 
  SESSIONS TO  BE HELD  IN ANCHORAGE)  as the  final order  of                 
  business, stating it was the intent of the Chair to pass out                 
  the bill with all the existing fiscal notes.                                 
                                                                               
  SENATOR HALFORD  moved  that  SB  26,  along  with  all  the                 
                                                                               
                                                                               
  existing  fiscal  notes,  be passed  out  of  committee with                 
  individual  recommendations.  SENATOR  ZHAROFF objected.   A                 
  hand vote was taken with the  following result:  Senators R.                 
  Phillips, Taylor  and Halford voted  "yea;" Senator  Zharoff                 
  voted "nay."  The Chair stated the motion had carried.                       
  There  being  no   further  business  to  come   before  the                 
  committee,  the meeting was adjourned at 9:55 a.m.                           

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