Assembly Report for December 20, 2005

MANAGEMENT AGREEMENT FOR THE NEW ANCHORAGE MUSEUM APPROVED: An ordinance approving a multi-year management agreement for operation of the Anchorage Museum of History and Art was approved Tuesday night at the recommendation of Mayor Mark Begich. See AO 2005-137(S). After several months of negotiations with representatives of two dozen municipal employees affected by the change, an agreement was reached allowing most current employees to transfer into other city positions or hire on with the Anchorage Museum Association, a non-profit entity which will operate the museum for the municipality. Under the agreement between the MOA and the Anchorage Museum Association, ownership of the facility and the museum collection will remain with the municipality. The museum association has for several decades supported the museum by rasing money to add to the museum collection and support museum activities, and education programs.

ASSISTED LIVING ORDINANCE DELAYED, AGAIN : Action on a series of proposed changes to city zoning ordinances governing "assisted living" facilities located in residential areas was delayed again on Tuesday night and postponed until January 24, 2006. The ordinance (AO 2005-124) sets land use standards for assisted living facilities and, in residential districts, allows assisted living facilities for up to eight adults. In the works are amendments being prepared by Assembly counsel at the request of Dan Coffey which might reduce the number of allowed residents in facilities located in R-1 and R-2 districts.

CONVENTION CENTER CONTRACTS APPROVED: Mayor Begich won Assembly approval of a multi-year management agreement between the municipality and the Anchorage Convention and Visitors Bureau and a financing agreement with Anchorage Civic Ventures for the new Convention Center. Approvals allow the administration to sell tax exempt revenue bonds to be repaid with the proceeds of a 4% hotel motel tax increase approved by the voters last spring and lock in construction costs for the new $100M downtown facility. Voting against award of the financing and management contracts for the convention center were Assembly members Dan Sullivan, Chris Birch, and Paul Bauer who argued that ACVB should be required to put the management agreement for Center out to immediate bid instead of after the new facility is operational and management could be coordinated with other facilities.

THE ANCHORAGE ASSEMBLY VS. EMINENT DOMAIN, ROUND 2: Prodded on by a small but vocal group of South Anchorage residents opposed to extension of the Tony Knowles Coastal Trail, Assembly conservatives on Tuesday seemed likely to pass a new ordinance offered by Chris Birch (AO 2005-171) to prohibit use of eminent domain (condemnation) to acquire property for trails, parks, and other defined “leisure amenities.” No Assembly action was taken on the proposal because the Assembly ran out of time and will have to wait until January 10, 2006 to pass the measure.

Anchorage already has one of the country’s most restrictive laws limiting use of condemnation powers. Last spring, Assembly members unanimously banned use of eminent domain for any project that would “further private economic development”, and restricting use of condemnation to property be physically occupied by the government itself or open to and used by the public passage of Birch’s ordinance will end a longstanding practice of using condemnation to acquire rights of way and easements for trails, and parks, and public facilities such as the Sullivan Arena. The amendment would categorically forbid use of eminent domain for “sports activities of any kind”, “trails of any kind”, and “associated infrastructure” such as parking lots and access. Most of the testimony offered on Tuesday in favor of the Birch amendment came from a group of South Anchorage residents adamantly opposed to the South Anchorage Coastal Trail. Familiar invective like “tyranny”, “communism,” and “socialism” once again echoed through the Assembly chamber.

Curiously, passage of the Birch amendment extends a ray of hope to many residents of Government Hill whose homes will be bulldozed to make way for the Knik Arm Crossing: Touted as a project that would open up Point McKenzie to private residential development and to provide better access to Valley recreation, those purposes place eminent domain for the bridge construction off limits if used locally.

NO ACTION ON CYCLOTRONS; COME BACK IN JANUARY: AO 2005-178 would reaffirm the Assembly’s intent to prohibit operation of medical cyclotrons for purpose of manufacturing radioisotopes in residential areas or as "home occupation." South Addition resident Albert Swank Jr. wants to install a 30 ton medical cyclotron in his backyard at 318 West 10th Ave. Producing a proton beam of 16 MEV, his particle accelerator will manufacture Flourine 18, a radioactive isotope Swank wants to sell to Providence Hospital for medical diagnostics.

PARKING ENFORCEMENT CHARTER CHANGE HELD OVER: Dan Coffey wants voters to repeal a Charter provision which requires the city to use sworn police officers to issue parking tickets, vehicle impounds, or right of way violations. The Assembly opened a hearing Tuesday night on an ordinance Coffey drafted which would allow voters in April, 2006 to decide whether to repeal the charter provision which was enacted by initiative in 1997 after a community revolt over zealous parking enforcement and photo radar. Coffey has announced plans to bring a revised version of his ballot proposition back to the Assembly for additional public hearings on January 24, 2006 . The rationale behind Coffey's proposal is to reduce the costs of parking enforcement, vehicle impounds, and right of way enforcement by allowing non sworn personnel to handle these functions. The two ordinances are 2005-170 and 2005-191 which will both be heard on January 24, 2006.