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.