MINUTES SENATE FINANCE COMMITTEE May 16, 1999 2:07 PM TAPES SFC-99 # 142, Side A and Side B CALL TO ORDER Co-Chair Torgerson convened the meeting at approximately 2:05 PM. PRESENT Senator Sean Parnell, Senator John Torgerson, Senator Randy Phillips, Senator Gary Wilken, Senator Lyda Green, Senator Al Adams were present when the meeting convened. Senator Loren Leman, Senator Pete Kelly and Senator Dave Donley arrived shortly thereafter. Also Attending: Names of witnesses are listed in the minutes in the order they testified. SUMMARY INFORMATION HB 131-ANCHORAGE COASTAL WILDLIFE REFUGE The committee heard public testimony and had questions for the Department of Transportation and Public Utilities and the sponsor. The bill was reported out of committee. HOUSE BILL NO. 131 "An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge." Public testimony was taken via teleconference from Anchorage and in-person from Juneau. The following witnesses testified via teleconference from Anchorage: SANDRA JONES believed the public process of any changes to the refuge was important. She supported the legislation before the committee. WAYNE PICHON, 25-year Anchorage resident living along the refuge and former Alaska Coastal Zone Management Coordinator for the federal government in Alaska. He detailed his experience in wetlands management and related publications he authored. As a wetland scientist, he felt that a surface transportation right-of-way would harm the refuge. DEANNA ESSERT represented the 25,000 residents who lived along the refuge as the designated spokesperson. She felt the Executive Branch had overextended its powers and they were looking toward the Legislature for assistance. Senator Al Adams wanted to know when the public hearings were held, what plan was before them for consideration. Was it just the bicycle path? Deanna Essert said they were looking at the coastal trail plan. DOUG PERKINS, Bayshore/Klat Community Council, testified in support of the bill with out any amendments. He had complaints about the Department of Fish and Game not issuing permits for the right-of-way. He told the committee they would hear that the issue was a local matter and the Legislature should not interfere. He believed that was not true because of the involvement with the Department of Fish and Game. Senator Dave Donley spoke about the speed limit along Minnesota Ave. and the desire of the community council to keep it below 65 mph. He asked the witness to comment. Doug Perkins responded that he was not prepared to discuss that matter and continued commenting on the coastal trail. The council supported the construction of the trail. MARY WHITMORE testified in support of the bill. She felt the current process was flawed and the Legislature should step in and help. She said the municipality was biased against the project. She wanted the Department of Fish and Game information and expertise to not be disregarded because of high-powered political desires to extend the trail. JANELLE FEIERABEND read testimony from another in support of the bill. She spoke of the importance of the refuge. Any attempts to build a trail would disrupt the water drainage. Also the presence of dogs in the area would be harmful to the birds that migrated and nested in the refuge. ED DOKOOZIAN was in favor of trails and also in favor of HB 131. The reasons to not put the bike trail through the coastal refuge had been well stated by witnesses before him. He added that there would be a risk of burglary to those homes along the trail. He spoke of the change in attitudes from the previously friendly community of Anchorage. JIM DOKOOZIAN registered civil engineer and marathon racer testified. He said there were practical areas to build trails and impractical areas to build trails. He felt the state refuge was an impractical area. The ground was unstable. He recommended finishing the network of inland trails instead. SANDY SIMPSON wanted to see the coastal trail extended but was opposed to the use of the refuse for this purpose. PATRICIA GARRITY spoke of the wealthy homeowners who lived along the bluff and were opposed to the trail as it might spoil their view. She was not one of them, but opposed the trail because of the harm it would cause to the refuge. MIKE SZYMANSKI detailed his involvement in the issue listing his substantial credentials. He supported a comprehensive plan. He didn't see a problem with the current system and urged the Legislature not to get involved. ROBERT LAULE supported building additional trails in the southern portion of Anchorage. He wanted to have the most miles per dollar realized from trail construction and didn't think this was one. Because of the remoteness of the trail, it could only be accessible to the most hardy of cyclists. BOB BROCK was in favor of recreation in the marsh in the refuge. However, he felt that should be limited to the winter. After the snow melted, birds needed the area to be left pristine. JIM ARNESEN, President, Skyway Park Homeowners Association testified to the fragility of the refuge. He did not see how it was possible to build a trail and do it right. PATRICK WRIGHT, Chair, Anchorage Fish and Game Advisory Committee told of the meetings their group held on the matter. Biologists and engineers testified at the meetings. They favored extension of the trails, but only above the bluff. DAVID CARTER believed there was a lot of emotion and false information about this bill. He supported it. The bill would not affect the trail project that was going on currently. He said that the Department of Fish and Game had opposed construction of the trail in certain areas of the refuge and their advice had been ignored. He noted that the handicapped community was not represented on the planning committee. TERRY BURRELL, victim of post-polio syndrome, had concerns about the refuge. She complained about the planning committee process and the lack of representation by the handicapped population. Tape: SFC - 99 #142, Side B 2:53PM Terry Burrell continued by saying that the trails would be unusable for many disabled recreationalists. VINCE WETHINGTON had a bike trail running through his front yard. He was amazed by the attention this bill was getting. He read a letter from his eight-year old son who wanted the bill to be adopted. JEFF LOWENFELS pointed out that a portion of the proposed trail lay in an area that was under water. Construction of a trail would be extremely expensive. He did not believe this was an all or nothing problem. He supported the bill, as it would give protection to a process that was not working. While many areas of the proposed trail would pose an engineering challenge, most areas would not. He spent much of his childhood playing in the refuge and thought there were many areas where trail construction would be feasible. He noted another wetland estuary in San Diego he had visited. That concluded teleconference testimony. The following witnesses testified in-person at Juneau: DICK BISHOP, Vice-President, Alaska Outdoor Council, testified in opposition of the bill. It was a question of whether the Legislature had a role to play in the Legislative designated refuge. The answer, in his opinion, was yes. He spoke of use for the rifle range and other recreation activities. ODEN BRUDIE, Juneau resident raised in Anchorage testified in opposition of the bill. He spoke about the continuity and safety of a connected trail in Anchorage available for year-round activities. DENNIS POSHARD, Legislative Liaison/Special Assistant, Office of the Commissioner, Department of Transportation and Public Facilities added to his testimony from the previous meeting. He noted all the parties involved in the current process and other trails across the state. He felt this legislation was premature and the Legislature would always have the option of stopping trail development in areas it saw as inappropriate. Senator Al Adams was concerned with the portion of the bill dictating surface transportation. He asked the witness if an amendment to change the designation to "Bicycle trail" would address the concerns. Dennis Poshard said that would alleviate concerns of the Alaska Railroad. Senator Randy Phillips wanted to know how much money had been spent on the project to date. Dennis Poshard said it was in the planning stage. Approximately $400,000 had been spent with an appropriation of $1.2 million appropriated. That amount was intended for use in getting the project through the environmental phase. The design phase was anticipated to cost $1 million. Approximately $750,000 was budgeted for right-of-way acquisition. Finally, another $6 million was estimated for construction. Senator Randy Phillips clarified that the municipality had already spent approximately one-third of the $1.2 million appropriated. Senator Randy Phillips wanted to know if that money for the design phase and the right-of-way phase had yet been appropriated. Dennis Poshard answered that it had not as well as the remainder of the required funds, which had not been appropriated yet. Senator Randy Phillips asked if that money had to be approved by the Legislature. Dennis Poshard stated it was federal funds and it did require legislative approval. It was determined that the only money currently available was for the planning process. Senator Randy Phillips established that easements for the bike paths had not been granted and that alternate routes were proposed. He was trying to ascertain what the concerns were. He wondered if there was anyone "pulling strings." Dennis Poshard answered that he and Rob Bosworth of the Department of Fish and Game were unaware of any. JEFF LOGAN, staff to Representative Joe Green, came to the table to express the representative's gratitude. He began speaking to an amendment that had been adopted by the Senate Transportation Committee. After learning more about the issue, the members voted to remove the amendment. Senator Randy Phillips asked this witness what was the commotion behind the legislation. Jeff Logan said there was the perception that the process was not being done above- board. He referenced the Rabbit Creek Shooting Range. Senator Al Adams spoke to the aforementioned amendment, which he planned to offer. Senator Dave Donley requested the sponsor be heard on this matter. Jeff Logan continued to address the concept of amending the bill to change the surface transportation designation to "bike path or trail." He detailed the relationship to the shooting range and any further expansion of the trail. He stressed that the shooting range was important to the community and if it were relocated that it be done so in the Anchorage area. Senator Al Adams asked if the shooting range had been placed in the capital budget. Co-Chair John Torgerson responded that funding for planning of the range was in the budget. Senator Al Adams noted that the transportation committee had adopted the amendment but then removed it. He assumed the intelligence level of this committee was higher and that the change could be maintained. Senator Sean Parnell wanted to know if the bill passed "as is", would expansion of the New Seward Highway be prohibited without prior Legislative approval other than the usual appropriation approval. Jeff Logan answered that if the expansion required a surface transportation right- of-way or easement that would be correct. Senator Sean Parnell wanted to know if the witness knew whether the easement would be required. Jeff Logan had asked agency officials at the Department of Fish and Game and had not received a definitive answer. There was some thought that because it would be an inter-agency project, it might not be necessary. There was also some thought that because there was federal funding involved the federal government would require challenge-proof patient to use the land. Senator Sean Parnell found that hard to swallow. Senator Al Adams moved for adoption of Amendment #1. Senator Loren Leman objected. Senator Dave Donley asked if the sponsor had considered any middle ground. Jeff Logan noted there was nothing prohibiting the Legislature from adopting legislation to * surface transportation. Senator Sean Parnell asked the Department of Transportation and Public Facilities if there were any current appropriations or authorizations to place bike trails across the refuge. Dennis Poshard referred to the appropriation to cover the planning process. Senator Sean Parnell was concerned with the current language of the bill but was unsure if the amendment addressed that either. He did not want further legislation to be required in order to widen the New Seward Highway. However, he felt the language was too broad. Until a better solution was offered, he would support the amendment. By a vote of 4-5, the amendment failed to be adopted. Senator Al Adams, Senator Pete Kelly, Senator Lyda Green and Senator Sean Parnell voted in favor. Senator Dave Donley offered a motion to move the bill from committee. Senator Al Adams objected. Senator Sean Parnell stated he would vote to report the bill from committee. However, he felt the bill needed to be amended to address the matter of widening the highway. The bill was reported from committee by a vote of 7-2. Senator Al Adams and Senator Randy Phillips cast nay votes. ADJOURNED Senator Torgerson recessed the meeting to the call of the chair at 3:25PM. SFC-99 (1) 5/16/99