HomeMy WebLinkAbout2016-05-02 City Council Minutes Approved City Council Minutes—May 2, 2016
Mayor Laurie Gere called to order the regular Anacortes City Council meeting of May 2, 2016 at 6:00 p.m.
Councilmembers Eric Johnson, Erica Pickett, Brad Adams, Liz Lovelett, John Archibald and Matt Miller
were present. Councilmember Ryan Walters was absent. The assembly joined in the Pledge of
Allegiance.
Announcements and Committee Reports
Proclamation of Nation Nursing Home Week: Mayor Gere read a statement proclaiming May 8-May 14,
2016 National Nursing Home Week in Anacortes and encouraging the community to honor individuals
who laid the foundations of the community by participating in National Nursing Home Week observance at
Anacortes nursing facilities.
Finance Committee:
Mr. Johnson reported that the committee met the prior Wednesday and discussed the fund balance policy
currently being developed.
Ms. Lovelett asked out the possibility of providing low cost lead tests for domestic water pipes in private
residences.
Ms. Lovelett disclosed that she would be participating as a private citizen in a forum at 7:00 p.m. on
May 11 at the Depot with former United Steel Workers president Steve Gary and environmental advocacy
groups.
Ms. Pickett thanked the Engineering Department for working to preserve trees along the sidewalks, noting
that mature shade trees help to mediate rising temperatures.
Public Comment
Jan Woodruff spoke about the Break Free event scheduled for May 13-15, 2016, focusing on the
People's Climate Conference solutions expo taking place at the Port Transit Shed. Ms. Woodruff
elaborated on the wide range of activities scheduled over the three days, all free and open to the public,
and said the full schedule was available at www.breakfreepnw.org/programming.
Consent Agenda
Mr. Johnson removed Item D from the Consent Agenda.
Mr. Johnson moved, seconded by Ms. Pickett, to approve the following Consent Agenda items.
a. Minutes of April 25, 2016
b. Approval of Claims in the amount of: $170,934.34
c. Accept as Complete -2015 "U" District SS Line Rehab (Columbia Pumping &Construction)
e. Resolution 1956: Authorizing Temporary Road Closure
Ms. Lovelett asked Sheriff Will Reichardt to address Item E regarding the March's Point road closure
during the Break Free event scheduled for May 13-15. Police Chief Bonnie Bowers advised that the city's
goals for the event were life safety, property safety, and ensuring First Amendment rights of freedom of
speech and assembly. Chief Bowers explained the County's planned road closure to allow a First
Amendment zone on March's Point, including some city roadway. She reported that the County
commissioners had adopted a resolution regarding closure of the county roadway and that proposed
Resolution 1956 would do the same for the city portion of the road. Sheriff Reichardt emphasized that the
closure of the city section of the roadway was critical to the comprehensive plan to provide safety for all
concerned. He urged Council to approve Resolution 1956.
The motion to approve Consent Agenda Items A, B, C and E then carried unanimously by voice vote.
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The following vouchers/checks were approved for payment:
Voucher(check) numbers: 80285 through 80360, total $ $237,086.05
EFT numbers: 202822 through 203360, total $ $10,507.83
d. Interlocal Cooperation Act Agreement with Anacortes School District#103 regarding
Maintenance and Operation of Recreational Facilities at Volunteer Park
Mr. Johnson asked City Attorney Darcy Swetnam to address the following language in Paragraph 4 of the
proposed agreement:
Any improvements and alterations made by either party shall remain on and be
surrendered with the Property on expiration or termination of the Term. Any
improvements and alterations that remain on the Property upon expiration or termination
of the Term shall automatically become the property of the District and title to such
improvements and alterations shall automatically pass to the District at such time without
any payment therefor by the District to the City.
Ms. Swetnam explained the development of the proposed agreement which succeeded the original 1981
lease agreement and updated its terms, particularly regarding indemnification. Mr. Johnson observed that
the agreement had already been approved by the school board but suggested that the language be
amended to require that improvements would be surrendered "as long as they remain within the original
recreational purposes of the agreement." Ms. Swetnam said staff could ask if the District would agree to
such a change. Ms. Swetnam, Parks and Recreation Director Gary Robinson, and Ms. Pickett explained
the unlikelihood that the uses of the property would be changed by the District. Mr. Johnson moved,
seconded by Ms. Lovelett, to approve Consent Agenda Item 5d. The motion carried unanimously by voice
vote.
OTHER BUSINESS
2016 Comprehensive Plan Update Revised Schedule
Planning Director Don Measamer presented an updated schedule for the remainder of the 2016
Comprehensive Plan update. The schedule, which was published as part of the packet materials for the
evening, included a public hearing on June 20, final Council review on July 5, and adoption by ordinance
on July 18. Mr. Measamer observed that final adoption would likely occur slightly after the June 30
deadline but said that staff had discussed the schedule with Department of Commerce staff and they
were satisfied with the timeline.
Final Plat Approval: Leeward Landing PUD, PUD-2014-0001 /Ordinance 2974: Minnesota Avenue
ROW Vacation
Associate Planner Kevin Cricchio presented the final replat and PUD application for Leeward Landing, a
10-lot re-plat/PUD located on the north side of Oakes Avenue, east of Anacopper Road (PUD-2014-
0001/SDP-2014-001). Referring to his slide presentation which was added to the packet materials for the
evening, Mr. Cricchio summarized the proposed project, approval of the preliminary replat on July 6, 2015
subject to 41 conditions, construction of required infrastructure, recommendation of approval by both the
Public Works Department and the Planning Commission, inspection of erosion control and debris
management recommended by the final arborist report, and the applicant's agreement to submit an
irrevocable letter of credit in the amount of$10,000 in order to ensure successful completion of the 5-year
maintenance and monitoring period and to plant the geotech setback area prior to recording of the plat.
Mr. Cricchio also described the associated vacation request for a portion of Minnesota Avenue. Mr.
Cricchio advised that if the City Council found that the final replat/PUD met the requirements set out in the
preliminary replat/PUD approval conditions, the final replat/PUD should be approved per AMC
§16.16.030. He presented a list of six items that staff recommended recording before or concurrently with
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recording of the final replat/PUD. Mr. Cricchio, Mr. Measamer and Ms. Swetnam responded to
councilmember questions regarding the Geologically Hazardous Area Covenant, the right of way
vacation, and monitoring for completion of the arborist report recommendations. Mr. Adams and Mr. Miller
commented favorably on the value of the improvements received by the city in exchange for the right of
way vacation.
Ms. Pickett moved, seconded by Mr. Adams, to accept the final replat approval and pass Ordinance
2974 vacating a portion of Minnesota Avenue right-of-way. Vote: Ayes— Pickett, Adams, Archibald, Miller
and Johnson. Nays— Lovelett. Motion carried.
Ordinance 2978: Title 6 Updates
City Attorney Darcy Swetnam recalled that Council approved an entirely rewritten Anacortes Municipal
Code Title 6, Animals, in September 2015 but that ongoing exploration of cat regulation was
recommended at that time. Referring to her slide presentation which was added to the packet materials
for the evening, Ms. Swetnam reported on ensuing discussions with members of the public and requested
some further direction from Council. She advised that draft Ordinance 2978 included in the packet was
one possible direction but she outlined other courses of action as well.
Ms. Swetnam also presented several additional revisions to Title 6 that had been suggested by Animal
Control Officer Zabrina Nybo relating to dangerous dogs and to hens. Ms. Lovelett suggested further
discussion on possibly allowing ducks as well as hens in zones other than R1.
Mayor Gere invited members of the public to comment.
Arlene French, 1411 81" Street, spoke in support of the proposed changes to AMC Chapter 6.04.
Referring to her prepared remarks which were added to the packet materials for the evening, Ms. French
said the changes in draft Ordinance 2978 would provide protection for cats, protection for neighboring
property owners, and would help limit overpopulation of cats. She said the existing code did not hold cat
owners responsible for their cat's safety and well-being, or for public health and nuisance issues caused
by cats roaming at large. Ms. French, a volunteer at the Humane Society of Skagit Valley (HSSV),
described the proposed changes as the beginning of educating the public as to why cats should live
safely and happily indoors. She summarized the services of HSSV including rehoming, adoption, foster
care for neonates, trap/neuter/release, low income spay/neuter services, and medical care.
Marilyn Derig, 1302 K Avenue, spoke in support of the recommended animal code changes. Referring to
her prepared remarks which were added to the packet materials for the evening, Ms. Derig described her
concerns with protecting cats, cat overpopulation, neighborhood property rights, and the killing of
federally protected neo-tropical songbirds and other birds that frequent many Backyard Habitat areas.
She said the proposed code change would be the beginning of a dialogue leading to actual protection of
cats from disease, death or maiming from other animals, being hit by a vehicle or getting lost and would
also be a start in protecting property rights of neighbors. Ms. Derig urged a contract with the Skagit
Humane Society so citizens could deliver stray animals without charge for medical attention and eventual
rehoming or adoption.
Patricia Young, 2219 32"d Street, spoke in support of the proposed animal code changes intended to
protect cats, protect neighboring property owners, and limit overpopulation. Referring to her prepared
remarks which were added to the packet materials for the evening, Ms. Young supported incremental
changes to the code and public education. She said code that says cats cannot roam at large on private
property is fair and reasonable. She supported a city contract with the Humane Society to allow for the
rescue of strays and lost cats seven days a week. Ms. Young provided a list of the services offered by the
Humane Society of Skagit Valley.
Sandra Smith, an Anacortes resident for ten years, opposed the proposed ordinance. Ms. Smith said she
had been involved with "community cats"for fifteen years in three different communities. She said the
proposed leash law could result in more cats being killed in shelters. She urged not including cats in
"animals running at large". Ms. Smith called the leash law unfair to people who own outdoor or
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indoor/outdoor cats who would thereafter have to live permanently inside. She opposed volunteers
trapping community cats and delivering them to the Humane Society. Ms. Smith urged instead trapping,
neutering and returning community cats and said that approach is proven to work to reduce the
community cat population. She said found animals should be reported to Animal Control and held for 72
hours in Anacortes with prescribed attempts to return the animal to its owner. She urged putting available
funding into low cost spay/neuter clinics for both cats and dogs.
Michele Onorato, 705 41st Place, founder and executive director of local cat shelter Cat's Meow and the
Thrifty Kitty thrift store, described the services provided by Cat's Meow, a registered 501(c)(3)
organization. Ms. Onorato said of the over 1200 cats admitted by Cat's Meow, 71%were strays, 18%
were surrendered by owners, and 9% were adoption returns; 3%were returned to owners and others
were adopted out. She said the facility provides admitted animals with medical care, spay/neuter and
microchipping and that Cat's Meow has offered free spay/neuter to the community since 2011. Ms.
Onorato described the trap/neuter/return efforts begun 20 years ago in Anacortes and said that approach
has been successful at reducing the feral cat population. Ms. Onorato opposed the proposed code
change, saying cats don't pose the same risk to people as dogs and that codes should not be enacted if
they won't be enforced. She asked why the city would begin paying for a service that Cat's Meow was
already providing in Anacortes for free.
In response to question from Mr. Johnson, Ms. Onorato said there is not a cat overpopulation problem in
Anacortes and that Cat's Meow takes in about 100 cats per year. In response to a question from Mr.
Archibald, Ms. Onorato said they hold animals for a week or two for medical attention and potential
rehoming before posting them for adoption and that there is no charge to owners who reclaim their pets.
Soren Jensen, 5003 Doon Way, warned that enforcement of the proposed code change would be
expensive. He supported working through Cat's Meow to manage the cat population instead of choosing
another route. He said he hoped the city would leave the issue alone and urged councilmembers to visit
Cat's Meow on 4tn Street to see the great work they were doing.
Bob Berry, 1914 22nd Street, said he had been trying to work with others in the community to come up
with a proposal all could support and had researched and drafted proposals. He expressed surprise that
the topic was suddenly back on the agenda. He urged Council not to take action on the draft ordinance
but to remand the topic to the public to develop a more widely acceptable solution. Mr. Berry reported
statistics on cat bites and resulting rabies shots. He urged making cat owners responsible for their pets,
providing a method for giving relief to property owners who are injured by cat misbehavior, and
addressing cat nuisance behavior on public property such as schools and parks.
Martha Hall, 2617 16t" Street, observed that the proposed code change had not been to the Public Safety
Committee. She expressed concern about the spread of disease from cat feces. Ms. Hall cited a long list
of counties and cities in Washington that have prohibited cats at large. She called it a huge humane issue
which is why the ASPCA, the Humane Society of the United States, the American Humane Association,
and other animal care organizations oppose loose cats. She said such groups oppose cats at large for
the protection of the cats and of other animals. Ms. Hall said many cities and counties also have cat
licensing to check for rabies vaccinations, identify animals and help pay for animal control and boarding.
She said the proposal did not address dog tethering. Ms. Hall urged a public hearing and a shelter in
Anacortes open to accept stray cats seven days a week. She said cats roaming in her yard ruin her
enjoyment of her own yard.
Ms. French returned to the microphone. She said she supported Cat's Meow and had met with Ms. Hall
and Mr. Berry. Ms. French said she had worked with Ms. Young and Ms. Derig to take the middle ground
and address the concerns of various folk with common sense. She said the two changes in the draft
ordinance are a starting point to educate people how to raise indoor cats. Ms. French said Cat's Meow
isn't open seven days a week, which is why she supports a contract with the Humane Society so people
can take strays in at no cost.
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Mr. Berry returned to the microphone. He asked whether Council wanted to pursue a gradualist approach
or a comprehensive code update to solve the cat problem.
Ms. Onorato returned to the microphone. She said other municipalities do not let random individuals trap
cats. Either animal control officers regulate that process tightly or do the trapping themselves. She said if
cats were not allowed to run at large in Anacortes, Cat's Meow would ask for that same type of regulation
of trapping.
Ms. Hall returned to the microphone. She disagreed with Ms. Onorato. Ms. Hall said she called
supervisors in many jurisdictions and none of them had Animal Control officers trap cats except in
extreme situations. Instead, rather they accepted animals brought in by the public.
Jan Kelly, 4402 San Juan Avenue, observed that the common ground among the speakers was loving
animals and cats. She urged coming together to educate the community to find a solution that was
workable for everyone. She said cats don't work well on leashes or with tags. She said she wished
everyone would keep their cats inside but they don't. She encouraged a way of getting cats
spayed/neutered and/or microchipped in town, pursuing education, and not moving on code changes right
away.
Mr. Archibald asked Officer Nybo what a property owner's rights are if someone else's cat is in his yard.
Officer Nybo said property owners do currently capture cats and take them to the Humane Society. She
reminded that abandoning your own cat is considered animal cruelty and is against the law. She said she
does assist the public with sick or abandoned cats. Mr. Adams asked Officer Nybo if any person had ever
been attacked by a cat or contracted rabies from a cat in Anacortes. Officer Nybo said no. Ms. Swetnam
observed that currently trapping a cat is taking someone else's personal property but that the draft
ordinance would make that permissible. Mr. Miller observed that cats are regulated in Anacortes by the
RCW that requires rabies vaccination for cats and AMC 6.04.150 regarding biting animals. He asked
Officer Nybo for an interpretation of AMC 6.04.130 and if it applies to cat waste.
Ms. Smith returned to the microphone. She said she had been bitten by cats before and never got rabies
or had to have shots. She questioned whether people could contract diseases from cats. Ms. Smith said
that if her cat was on someone else's property and they trapped it and took it away, she would report that
and make a claim.
Ms. Derig returned to the microphone. She advised that when she recently found a cat with a new litter of
kittens in her compost bin, she knocked on many doors in her neighborhood but no one knew anything
about the cat. She urged working with neighbors when a cat is found and reiterated the need for
education.
Mayor Gere asked if councilmembers wished to provide any further guidance. Mr. Johnson said
education is a good first step and encouraged teaching neighbors about options for dealing with one
another's cats rather than enacting more laws that cannot be enforced. He supported funneling funding
through Cat's Meow for more education. Mr. Adams said he was surprised that a proposed code change
had not been through committee first. He said he was not interested in legislating against cats at large, he
favored public outreach and education about free spay/neuter service. Mr. Miller agreed that the Public
Safety Committee should review animal control ordinances and referred the public to the article about
Cat's Meow in the upcoming A-Town Is Our Town publication. Mr. Archibald said the two questions that
needed to be addressed were owner responsibility and property rights. Ms. Pickett supported the
proposed ordinance, as it would allow those who were bothered by other people's cats in their yards to
ask Officer Nybo to talk to the cat owner. Ms. Lovelett said Council needed to decide first if it agreed that
every cat must be an indoor cat, and second look at humane issues regarding cat welfare. She urged
taking time to avoid unintended consequences. Mr. Johnson asked for examples of what property owners
can do about neighboring cats in their yards. Ms. Onorato recommended ultrasonic devices, motion
sensor activated spray devices, and other related products.
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Mr. Berry returned to the microphone to ask why dog owners are responsible for their animals but not cat
owners.
Ms. Swetnam inquired if Council wished to proceed with the sections of the proposed ordinance that did
not address cats. Councilmembers generally expressed support. Ms. Lovelett reminded that ducks
needed to be discussed further and possibly allowed. Ms. Swetnam said she would take the proposed
ordinance to the Public Safety Committee for further work. Mr. Johnson asked that the committee look at
ways of keeping cats out of other people's yards. Mr. Miller suggested that cat licensing rather than
restraint would be a middle ground. Ms. Lovelett suggested that repeated incidents be classified as a
nuisance and be addressed in that manner. Mayor Gere concluded that the discussion would continue.
There being no further business, at approximately 8:20 p.m. the Anacortes City Council meeting of May 2,
2016 was adjourned.
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