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HomeMy WebLinkAbout2017-09-25 City Council Minutes Approved City Council Minutes—September 25,2017 Mayor Laurie Gere called to order the regular Anacortes City Council meeting of September 25,2017 at 6:00 p.m. Councilmembers Eric Johnson,Ryan Walters,Erica Pickett,Brad Adams and Bruce McDougall were present. Councilmembers Liz Lovelett and Matt Miller were absent. The assembly joined in the Pledge of Allegiance. Mr. Walters moved, seconded by Mr. Johnson,to excuse the absence of Ms. Lovelett who was ill. The motion carried unanimously by voice vote. Mr. Adams asked to move Agenda Item 7g,Requested Amendment to Prilled Sulfur Interlocal Agreement with Port of Anacortes, ahead to immediately follow Agenda Item 7b. Mayor Gere and all councilmembers present concurred. Announcements and Committee Reports Planning Committee: Mr. Walters reported that the regular committee meeting scheduled for earlier in the evening had been cancelled. Public Comment No one present wished to address Council on any topic not already on the agenda. Consent Agenda Mr. Johnson moved, seconded by Ms. Pickett,to approve the following Consent Agenda items. The motion carried unanimously by voice vote. a. Minutes of September 18,2017 b. Approval of Claims in the amount of. $681,308.58 c. Contract Modification: Fiber Build Project 14-056-IDS-001,Mod 02 The following vouchers/checks were approved for payment: EFT numbers: 86484 through 86519,total$408,273.93 Check numbers: 86520 through 86548,total$180,439.68 Wire transfer numbers: 221029 through 221830,total $98,228.85 OTHER BUSINESS Anacortes AmeriCorps in Anacortes School District Presentation Keiko McCracken,Anacortes School District Community Engagement Coordinator, announced that three AmeriCorps volunteers were serving in the Anacortes School District and the community. Ms. McCracken described the mission of the AmeriCorps,the domestic counterpart to the Peace Corps,to help alleviate poverty in communities and the generous full time positions filled by the volunteers for 10- 12 month assignments. She introduced Kiersten Mara,AmeriCorps Washington Reading Corps volunteer; Katherine Auditor,AmeriCorps Washington Reading Corps volunteer, and Melissa Davis,AmeriCorps VISTA volunteer. Final Plat Approval,Phase IV of Rock Ridge South Subdivision Associate Planner Kevin Cricchio presented a final plat approval request for Rock Ridge South,Phase IV. Mr. Cricchio's slide presentation was added to the packet materials for the meeting. He described the five-phase 88-lot subdivision,the preliminary plat approval date of May 23, 2005 following a LUPA Anacortes City Council Minutes September 25,2017 1 action, final platting of the first three phases, and the May 23,2018 deadline for final plat approval for the last two phases. Mr. Cricchio reported on the public meeting held before the Planning Commission on September 13, 2017 following which the commissioners voted 5-0 in favor of recommending approval of the final plat to City Council. Mr. Cricchio advised that the plat map included in the published packet for the present meeting did not correctly reflect Lot 8 of Phase IV but that the plat map included in his slide presentation,which had been distributed to councilmembers at the beginning of the meeting,was the correct map that had been presented to the Planning Commission for its recommendation. Mr. Walters, Mr. Adams and Mr. Johnson inquired about changes from the preliminary plat to the final plat. Mr. Cricchio and Planning Director Don Measamer explained that the inclusion of lots in the different phases had varied slightly,that Phase IV as presented for final plat approval included 13 lots,that Phase 5 would include 16 lots, and that the total subdivision would contain three fewer lots that the 88 included in the preliminary plat. Mr. Walters asked if the final plat had to be approved at the present meeting,noting that a new email had been sent to councilmembers earlier in the day and he had not had adequate time to review it. Mr. Measamer explained the 30-day time frame for final plat approval. City Attorney Darcy Swetnam reviewed the process for final plat approval. Her slide presentation was added to the packet materials for the meeting. She concluded that if Council finds that the final plat meets the conditions of the preliminary plat,the plat must be approved. She reminded that final plat approval is a closed record decision so no new evidence for the record could be introduced at the final plat approval meeting. At approximately 6:25 p.m. Mayor Gere invited members of the public to comment. Vernon Lauridsen,2219 32"d Street, said he sent out a memo earlier in the day following up on a memo he had sent to the Planning Director earlier in the week asserting that there were more than slight changes between the preliminary and the final plat. Mr. Lauridsen argued that under AMC 19.28.10 adopted by City Council in December 2016,minor revisions were defined as not changing the number of lots. He said that the original plat map showed 12 lots in Phase IV but the final plat map showed 13 lots which, because of the change in lot count,was a major revision so it would violate city code to approve the final plat it this time. Mr. Walters argued that the project application vested under the law in effect at the time of application so Title 19 did not apply. Mr. Lauridsen argued that Title 19 included a supremacy clause. Mr. Walters responded that the AMC cannot violate state law which provides for vesting of subdivisions and building permits. Mr. Lauridsen argued that even before adoption of Title 19 the preliminary and final plats had to match which they did not as currently presented. In response to a question from Mr. McDougall,Mr. Lauridsen referenced Exhibit 11,the preliminary plat map, and said only Lots 2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 were included in the boundaries of what was now being presented as Phase IV whereas that Phase included 13 lots on the final plat. Mr. Measamer reiterated that the subdivision would contain 85 lots,not 88,when all phases had received final plat approval. He noted that the packet included the decision to issue a preliminary plat permit including Condition 4,which he cited, allowing the Planning Director to modify the preliminary plat"if it is determined that such modification does not substantially change the density or usage or increase the bulk proposed, or otherwise increase the impact of the development."Mr. Measamer summarized that when all was said and done there would be three fewer lots in the final plat that what was originally approved, so staff recommended moving forward with final plat approval. Mr. Walters disagreed with Mr. Lauridsen that Title 19 applied to the subject application, agreed with Mr. Measamer that it was not a problem for Phase IV to have one more lot if the project overall had the same number or fewer lots,but said he would like some time to analyze the other points raised by Mr. Lauridsen's letter and asked to bring the matter back the following week. He clarified that Mr. Lauridsen was not introducing any new facts into the record,just a different argument. Mr.Walters said it was a Anacortes City Council Minutes September 25, 2017 2 service to the city to have the public review materials before approval and that he would like to respect that effort on behalf of the public. Nels Strandberg,408 2nd Street,representing the applicant, said he didn't have any problem with public comment but he had thought the present meeting was a closed record meeting. He said he did not consider the 20' panhandle on Lot 8 a mistake because he believed the project was under the old code but he changed that panhandle to make it easier on all concerned. Regarding postponing the final plat approval decision one more week,Mr. Strandberg said he understood Mr. Walters's point of view but said delay did matter and that he had borrowed$3.3M for the project which meant$5K for a letter that came in late. Mr. Walters sympathized but noted other elements of the code that already protract the approval process. Ms. Pickett said she appreciated Mr. Walters's request but that given staff and Planning Commission consideration and recommendation she was ready to vote to approve the final plat. Mr. Adams agreed with Mr. Walters that he would like one more week to study the record. Mr. Johnson noted that final plat approvals were non-discretionary and that he was ready to vote. Ms. Pickett moved,seconded by Mr. Johnson, to approve the final plat for Rock Ridge. Mr. Walters moved, seconded by Mr. Adams,to postpone consideration of the motion for one week. Vote: Ayes—Walters,Adams,McDougall and Johnson.Nays—Pickett. Motion carried. Requested Amendment to Prilled Sulfur Interlocal Agreement with Port of Anacortes City Attorney Darcy Swetnam summarized the discussion of this topic from the September 5, 2017 City Council meeting and updated Council on the continued work in the interim. Her slide presentation was added to the packet materials for the meeting. Ms. Swetnam reported that staff from both parties had met and shared additional information, including at the Council Finance Committee meeting on September 13, 2017 and at a subsequent meeting on September 19,2017 at which the Port presented the draft proposed interlocal agreement which had been included in the packet materials. She summarized the key terms of the proposed interlocal,then invited Council to approve,reject or suggest modifications to the proposed agreement from the Port. Ms. Swetnam noted that the draft agreement would need a few minor editorial changes in any case. Mayor Gere invited Port Executive Director Dan Worra to address the Council. Mr. Worra thanked City staff for working with the Port and thanked councilmembers for their interest. He recognized the three Port commissioners and other Port staff present in testament to the partnership between the city and the port. Mr. Worra characterized the agreement as being about the community doing great things and protecting jobs. Mr. Worra emphasized that the Port paid almost$200K to city in leasehold tax in 2015 and again in 2016 as a substitute for property tax and suggested that contribution to the general fund more than covered the cost of fire training. He concluded that the Port was committed to partner with the city and asked the city to partner with the Port. Councilmembers then each expressed their opinions,generally favoring having some sort of agreement in place but not objecting to suspending payments for some period of time. Several councilmembers expressed concern about hazmat training costs for the fire department and funding future maintenance of the Q/R Avenue corridor. Mayor Gere supported suspending the current agreement or starting over altogether. The mayor said the city was in a strong position to look alternative street funding and observed that the market for prilled sulfur had changed. She encouraged the city to work with the Port to support economic development for the good of the entire community. Anacortes City Council Minutes September 25, 2017 3 In response to councilmember questions,Fire Chief Richard Curtis reported that the$18K figure he had previously presented was the department's annual cost for its entire hazmat training program and said he could not attribute a specific portion of that amount directly to prilled sulfur. Ms. Swetnam recommended that any agreement,whether a modification of the existing agreement or a new agreement, should include some specific pricing. She said staff could work on revising the second paragraph of Section 2 of the Port's proposed interlocal agreement to better reflect the intent that the actual amount paid to the city each year would be recalculated to equate to 5%of actual revenue generated by the Port's prilled sulfur option. Mr. Walters suggested simply striking everything after the first sentence of the second paragraph of Section 2. Ms. Swetnam concurred. Mayor Gere summarized that staff from the two agencies would refine the language as discussed and bring the proposed interlocal back to Council for consideration and action. Mr. Worra agreed. At approximately 7:25 p.m. Mayor Gere called a five-minute recess. At 7:30 p.m.the mayor called the meeting back to order. Parks and Recreation Budget and General Update Parks&Recreation Director Gary Robinson and his staff provided an update on his department's operations in light of the 2017/2018 biennial budget.Mr. Robinson's slide presentation was added to the packet materials for the meeting. He summarized the five major funds that support parks and recreation operations and capital expenditures and the status of each of those funds year to date compared to budget. Mr. Robinson reported most funds to be on track with budget allowing for front loading of some seasonal expenditure line items. Operations and Forestlands Manager Jonn Lunsford then described major projects completed in the current budget year to enhance parks facilities as well as projects planned for the rest of the biennium. Recreation Manager Dustin South presented highlights of the recreation program in 2017, focusing on youth sports programs,and outlined changes upcoming of 2018, specifically for the community sailing program. Washington Park Manager Bob Vaux reported on that park's budget,noting that both revenue and expenditures were trending above budget,then reported on the progress of the restroom remodel, described the day use master plan to be pursued in 2018, and discussed improvements at the caretaker residence at the park. Mr. Robinson concluded with a list of topics to be address beyond the current biennium including Washington Park Infrastructure and Day Use area,the Guemes Channel Trail/Tommy Thompson Trail,Heart Lake Development and Maintenance, Ship Harbor Interpretive Preserve,Fidalgo Bay Trestle and Causeway Replacement, Community Center Staffing and the needs and staffing impact of the local homeless population. Library Budget and General Update Library Public Service Manager Diana Farnsworth,Librarian Jeff Vogel and Youth Services Librarian Leslie Wilson provided an update on the library's operations and programs in light of the 2017/2018 biennial budget. Their slide presentation was added to the packet materials for the meeting. Ms. Farnsworth thanked Council for adding one part-time staff position to the 2017/2018 budget and listed a number of library programs made possible with that additional staff. Ms. Wilson reported on the many very popular children's programs at the library over the summer and coming up through the end of the year. Ms. Farnsworth listed a long list of community events and programs in which the library participated. She announced the theme for 3rd annual Genre Night on November 16: Comic Night which would be funded by a grant from the Anacortes Arts Festival. She shared highlights of the NASA @ My Library grant awarded to the library to support STEM events. She shared statistics reflecting the success of the student library card program in its second year and collaborative projects with Anacortes School District teachers. Mr. Vogel updated Council on traditional measures of library service to the community including adult program attendance, circulation, interlibrary loans and library attendance, as well as the library's passport processing service, all of which were up from the prior year. He described the library's Anacortes City Council Minutes September 25,2017 4 ever expanding digital services offerings and the increased demand from the public for same. Mr. Vogel reported that overall library expenditures were at 74%year to date,right on track with the budget. Ms. Farnsworth reported on the library's progress on its strategic plan goals and announced that the community meeting room would be updated with new paint, carpet and audio visual equipment in October. Ms. Wilson reported on new youth services offerings including Time for Tots and the library's recent Family Place Library designation which would include a play based space for birth to 3-year old patrons and workshops coming up in 2018. Ms. Farnsworth announced that the library had been selected to participate in a pilot program with the Pacific Science Center as part of the NASA @ My Library grant. Planning Budget and General Update Planning Director Don Measamer updated Council on his department's mission,operations, achievements and budget needs,referring to his slides included in the packet materials for the meeting. He listed the many different public services performed by his staff, shared statistics reflecting increasing permit and project activity, and described the ever expanding efforts to provide excellent and timely customer service. Mr.Measamer elaborated on the major initiative to implement 2016 Comprehensive Plan goals and policies including development regulation,design standards and procedures updates, affordable housing initiatives,the Economic Development Strategic Plan and South Commercial Avenue improvements. He described other upcoming mandatory regulation updates including the Shoreline Master Program update which would begin in 2018 and Critical Areas Regulations already well underway. Mr. Measamer reported that expenditures year to date were generally in line with the budget and listed budget amendments required to support the work of the department including roll over of budgeted 2017 funding into 2018 for some programs. He suggested that critical areas mapping may require additional budget resources. Lodging Tax Advisory Committee(LTAC)Appointments Mr. Measamer requested Council approval of re-appointment of the current members of the LTAC,Mark Lione,Russ Olivier, Erik Schorr,Andy Stewart,Karla Locke,Nancy Dalton and Chair Matt Miller, for an additional year. He summarized the code requiring annual review and appointment of the committee members. Mr. Walters moved, seconded by Mr. Johnson,to appoint the LTAC membership as presented. Vote: Ayes—Pickett,Adams,McDougall,Johnson and Walters. Motion carried. Mr. Johnson observed that the city had received a funding request from Community Action of Skagit County and suggested that the request be referred to committee. Mayor Gere asked both the Finance Committee and the Affordable Housing and Community Services Committee to address the request. There being no further business, at approximately 8:45 p.m. the Anacortes City Council meeting of September 25, 2017 was adjourned. Anacortes City Council Minutes September 25, 2017 5