Legislature(1993 - 1994)
02/09/1993 09:10 AM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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