Assembly Report for January 23, 2007

WHO LET THE DOGS OUT? ASSEMBLY TRIO SOUGHT REFUNDS FOR DEVELOPERS ON OLD BUILDING PERMITS, THEN YANKED PROPOSAL: Dan Coffey, Dan Sullivan, and Paul Bauer teamed up to limit the city’s power to require builders to grant public use easements and or make other necessary public improvements needed in private projects requiring land use or building permits. Originally introduced by this trio last Friday afternoon, AO 2007-25 would prohibit the municipality from requiring the public improvements unless the municipal engineer documents "a legitimate need for the easement or improvement" and that the project generates the need for the easement or improvement. The ordinance would make per se unreasonable any improvement valued at more than 10% of the project cost, shifting the cost of many of these improvements onto taxpayers.

An bizarre section of the original proposal would have required staff to pour through hundreds of old building permits to determine the extent to which public use easements and improvements were required of builders, their "impact" on now completed projects, and "corrective action" that might be required. Were the sponsors going to ask taxpayers to repay builders for the costs of easements or public improvements already in place, effectively making the new law retroactive? Or were they going to just raise permit fees for new building permits to pay back builders? We will never know because quite mysteriously, a substitute version of the ordinance, AO 2007-25(S), surfaced on Tuesday afternoon and was introduced without these provisions. Instead, the newer version tinkers with appeals from decisions of the municipality on easements and public improvements required of developers. No explanation was given by the three assembly members for this sudden change in direction.

AO 2007-25(S) has been sent to the Planning and Zoning Commission for comment.

THE MUSIC YOU HEARD LAST NIGHT WAS THE FAT LADY SINGING IN THE 4TH AVE. THEATRE : After an intense week of public debate, e-mails, last minute negotiations, and screeching from trash radio, the Assembly approved Mayor Begich’s plan to save the historic 4th Ave. Theater on Tuesday night. 9 Assembly members voted to approve funding for the purchase of the theatre by the Anchorage Downtown Partnership; only Dan Sullivan and Paul Bauer voted against the project. Mayor Begich presented the Assembly with a modified package of private loans, federal tax credits, a contribution from the current owner of the building and $250,00 in state grant monies for historic preservation. Anchorage taxpayers, according to the mayor, will make no contribution toward the purchase of the building nor will local funds be used for its operation and maintenance. A private group, formed through the Anchorage Downtown Partnership, and not the city, will actually own the theatre. In a memorandum to the Assembly the Mayor detailed the final package:

The MOA will not act as managing member of the 4th Avenue Theater, LC, or assume ownership of the Theater after the financing period as originally anticipated in item 3. In addition, the MOA will not be a party to the Purchase and Sale Agreement as originally anticipated . . . The role previously envisioned for the MOA will be assumed instead by the Anchorage Downtown Partnership (ADP). Since the MOA will not be a party to the Purchase and Sale Agreement, Assembly approval of [the Agreement] . . . is no longer necessary. On Friday, January 19, 2007, the Board of Directors of the ADP passed a resolution authorizing the organization to become the managing member of the 4th Avenue Theater, LLC, and to enter into the Purchase and Sale Agreement for the Theater and thereafter assign rights and obligations under this agreement to the LLC. The ADP has an operational track record and resources consistent with the requirements of the National Development Council (NDC), which is allocating tax credits in the financing structure. The organization’s mission includes enhancing downtown vitality. ADP will be the majority owner and managing member of the 4th Avenue Theater, LLC. The remaining fractional ownership will reside with the NDC.

The Anchorage Downtown Partnership is willing to proceed with the transaction knowing the property remains on the tax rolls. Any future effort to obtain an exemption would, according to Chief Fiscal Officer Jeff Sinz, have to be handled in accordance with state law.

FOURTEEN PEOPLE ARE NOW RUNNING FOR THE ASSEMBLY: Here’s the latest list of candidates for six open seats on the Anchorage Assembly in the April 3, 2007 city election:

West Anchorage: Incumbent Pamela Jennings is not seeking a second term. Running for the open seat is lawyer Matt Clamon, community activist Sherri Jackson, and retired West High principal Jim Bailey.

South Anchorage: Incumbent Janice Shamberg too has decided against another term. Former union leader and labor consultant Val Baffone is running, along with Ryan Stencel a president of the Huffman-O’Malley community council, and Jennifer Johnston, a political unknown in the area. Former Fire Chief John Fullenwider also filed with APOC, but is rumored to have decided against running in April.

Mid town Assemblyman Dan Coffey is seeking a second term. He is retired lawyer who represented businesses, bars, and liquor stores in Anchorage. Former Assembly budget analyst and current ML&P executive Elvi Grey-Jackson is also running for the midtown seat.

East Anchorage: Incumbent Ken Stout is seeking a second term; Ken is the former head of the state Republican party and is the father of musher Deedee Jonrow. Former city planning Director Shiela Selkregg is also running; she is the daughter of the late Lydia Selkregg who held the same Assembly seat several years ago.

Eagle River: Chugiak resident and incumbent Debbie Ossiander is running unopposed for a second term on the Assembly.

Eagle River II: Former community council president and Eagle River businessman Bill Starr along with Jim Byrnes, an unknown resident of Eagle River. are running for the remainder of Anna Fairclough’s term. Long time Eagle River parks activist Janet Brand has filed a letter of intent to run. Art Ishan, who initially registered with APOC, has decided not to run
The deadline for filing is February 9, 2007.

ASSEMBLY HOLDS FIRST PUBLIC HEARINGS ON NEW TITLE 21: The Assembly heard public testimony on the first four chapters in the new Title 21 ( AO 2006-172 ) Tuesday night and then continued the public hearing until March 13th when final action is anticipated after submission of floor amendments. The ordinance now before the Assembly includes chapter 21.01 General Provisions; chapter 21.02 Boards, Commissions, and Municipal Administration; chapter 21.08 Subdivision Standards; and chapter 21.13 of the new title relating to enforcement. According to the Administration’s memo to assembly members, passage of these four chapters of Title 21 will have "little to no economic effect" on the revised code. Floor amendments from Debbie Ossiander and Dan Coffey are expected to favor developers by relaxing subdivision standards and administrative requirements of zoning regulations.

Later this year, the Assembly will receive the more controversial portions of Title 21 including chapters revising specific zoning districts, use regulations, dimensional standards and measurements, development and design standards, non conformities ("grandfather" rights) and definitions.