HomeMy WebLinkAbout2015-08-10 City Council Minutes Approved City Council Study Session Minutes—August 10, 2015
At 7:00 p.m. Mayor Laurie Gere called the Anacortes City Council study session of August 10, 2015 to
order. Roll call found present City Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad
Adams, Liz Lovelett, John Archibald and Matt Miller.
Mayor Gere announced that the agenda items would be re-ordered to conclude with Item 3, Municipal
Fiber.
Skagit Watershed Council Presentation by Director Richard Brocksmith
Richard Brocksmith, Executive Director of the Skagit Watershed Council, provided an overview of the
mission and activities of the SWC. He explained that the non-profit was established in 1997 and is an
umbrella organization for 34 member agencies, tribes, quasi-governmental organizations and others. Its
mission is to understand, protect and restore the productivity of healthy ecosystems in order to support
sustainable fisheries. Mr. Brocksmith said the SWC works to advance a common habitat strategy to
recover salmon and steelhead, voluntarily. It serves as a collaborative forum and leader for implementing
and tracking that strategy and works to build understanding and support of its mission and broader salmon
recovery progress through community engagement.
Mr. Brocksmith presented an organization chart of the SWC. He then discussed the trends in the various
salmon and steelhead populations in the Skagit River Watershed, noting that the chinook fishery is
relatively stable and pinks and cohos are trending upward but chum salmon and steelhead are trending
down. Mr. Brocksmith advised that SWC had prioritized the Skagit estuary, floodplains, and nearshore
pocket estuaries for activities to support fish populations. He added that shorelines including many on
Fidalgo Island are vital links in salmon food chains but were not where the Council was focusing its
recovery efforts. He shared project results to date using state, federal and local capital resources including
riparian areas and estuarine habitat restored, stream channels improved, streams made accessible,
upland roads treated to reduce sedimentation in the rivers, and habitat protected.
Mayor Gere asked about the terms of membership in the Skagit Watershed Council. Mr. Brocksmith said
that members all agree to support the mission of the organization, provide a representative and an
alternate to the Council, and participate in the meetings of the group.
Mayor Gere invited questions from the audience. No one present wished to speak. Mayor Gere requested
that Mr. Brocksmith send a copy of his presentation to be included in the Council packet for the evening.
Anacortes Municipal Code Title 6,Animals—Update
Assistant City Attorney Darcy Swetnam presented proposed changes to Anacortes Municipal Code Title 6,
Animals. She described concerns raised by the Animal Control Officer and the municipal court judges as
well as enforcement issues that had come to light and noted that the Title was last updated in 2004. Ms.
Swetnam said that staff recommended rewriting the entire Title for clarity and to better align with
neighboring communities and WCIA Comprehensive Animal Control Regulations. She then summarized
the key changes included in the draft ordinance in the evening's Council packet, noting that the proposed
code is similar to the current animal code in Mount Vernon. Ms. Swetnam pointed out impacts on the public
of the proposed changes including an increase in dog licensing fees, changes in the fees for dangerous
and potentially dangerous dogs and heightened restrictions on wild animals. She described the clarified
enforcement provisions which would define civil infractions and their penalties and misdemeanors and their
penalties.
Ms. Swetnam shared some questions and suggestions raised regarding the proposed code including
allowing potbellied pigs as domestic animals, establishing consistency between Title 6 and Title 17
regarding kennel licenses, possible exceptions to the prohibition on hen houses in front and side yards,
verifying the availability of bonding for potentially dangerous and dangerous dogs, responsibility for
disposal of wild animal carcasses in private yards, and terminology for potentially dangerous wild animals.
Anacortes City Council Study Session Minutes August 10, 2015 1
Mr. Walters supported working towards civil infractions where appropriate and endorsed the organization
of the new Title 6. Mr. Johnson shared constituent concerns about effluent from hen houses and asked if
the animal waste section could be applied to the hen section. Mr. Johnson asked about service dog
definitions. Ms. Swetnam responded that city code needs to remain compliant with state and federal rules.
Ms. Lovelett expressed concern that a limit of three dogs per household might not be enough and
suggested taking public comment on that section. She also asked about Section 6.04.300, Animals as
Prizes, and asked if that would prohibit goldfish prizes at carnivals and such events. Mr. Miller urged a
definition for service dogs and supported waiving the license fee for them but still requiring a license. He
supported allowing potbellied pigs. He asked if Section 6.04.240 prohibiting the keeping of bats would
disallow bat houses. Ms. Lovelett asked why hen houses are not currently allowed in front and side yards.
Planning Director Don Measamer explained that the code was written to protect views from main streets
and sidewalks but that in practice some coops had proven to be well screened so staff would like to
establish a process to obtain an administrative variance for that provision. Mr. Adams asked about the
definition of potentially dangerous dogs. Police Chief Bonnie Bowers explained that the language is from
the RCW and said that the issue usually arises from dog bite complaints. Mr. Walters noted that the noise
control section had not been changed and asked if it was working satisfactorily. Chief Bowers explained
the steps officers take to respond to complaints of barking dogs and the burden of proof in court. Mr.
Archibald said the limit on the number of dogs warranted more discussion and asked if a residence could
temporarily harbor more than three dogs. Ms. Swetnam pointed out Section 6.04.130 specifying temporary
exceptions to the limit. Mr. Johnson asked about the advisability of guard dogs. Chief Bowers provided
examples of situations where guard dogs are present.
At approximately 7:48 p.m. Mayor Gere invited members of the public to comment on the proposed code
change.
Arlene French, 1411 8th Street, said that usually when someone has large numbers of animals the problem
is that the owner does not maintain a safe and clean environment so the situation edges into cruelty. Ms.
French wondered if the laws against animal cruelty might not be sufficient to restrict someone from having
too many animals for the available space. She urged a mechanism for homes to be inspected before
animals are returned to an allegedly cruel situation.
Dave Coleburn, 6128 Parkside Drive, spoke on behalf of his non-profit organization, Predators of the
Heart, which is located just outside the city limits. Mr. Coleburn expressed dissatisfaction with the
enforcement of Title 6. Mr. Coleburn urged that Title 6 reinstate an exemption for animal sanctuaries and
for those who have USDA licenses equivalent to those for zoos. He also said that the code no longer
allows 96 hours to transport wild animals through town.
Debra Jones, 2420 L Avenue, spoke in favor of allowing potbellied pigs as a domestic animals in
residences as pets. She was amenable to requiring a license for potbellied pigs but wanted the code to
allow them.
Mr. Walters spoke against changing the proposed language for potentially dangerous wild animals, noting
that there was no need for a special exemption for things that aren't allowed in the land use code. He
asked what limit other cities impose on the number of dogs and cats allowed. He suggested moving dog
license fees to a unified fee schedule which could be reviewed on a regular basis. Mr. Archibald spoke in
favor of allowing potbellied pigs. Ms. Pickett said the proposed $50 license fee for non-sterilized dogs
might discourage owners from licensing their animals and suggested $35, noting that it was more
important to have animals registered that to collect the fees.
Anacortes Municipal Code Chapter 10.24, Truck Routes—Update
Ms. Swetnam presented a proposed update to AMC 10.24, Truck Routes, regarding trucks parked in
residential areas. She explained that there is currently an exception in the truck route code to allow trucks
to load and unload in a residential zone but that no time limit is specified. The proposed change would
amend 10.24.070, Exceptions, to specify that the exception is for 12 hours or less. Ms. Swetnam advised
that feedback on the draft language had suggested specifying that large trucks could not remain "on the
street" in residential zones for longer than 12 hours, which would allow them to be parked on private
Anacortes City Council Study Session Minutes August 10, 2015 2
property in residential zones without a time limit. Mr. Adams expressed concern that trucks could simply be
driven around the block and parked for another 12 hours. Ms. Swetnam said she would look into how to
address that. Ms. Swetnam referred councilmembers to Section 10.24.030 for the definition of which trucks
are included. Ms. Lovelett asked if any professional truck drivers living in Anacortes had been consulted
about the potential impacts on them of the proposed language. Ms. Swetnam said she had not received
any direct communication on that topic. Mr. Walters pointed out that AMC 10.24.050 references the list of
trucks in AMC 10.24.060 but should reference AMC 10.24.030 instead. He supported the proposed
language but asked for statistics demonstrating enforcement of the truck route code that was adopted in
2013.
At approximately 8:12 p.m. Mayor Gere invited members of the public to comment on the proposed code
change.
Arlene French, 1411 8th Street, asked if the proposed language would cover parking on the tree strip or
grass between sidewalk and street where people often park trailers now. Mayor Gere said staff would look
into that.
Ms. Lovelett suggested that when Title 6 and Chapter 10.24 returned to Council for action they be
presented as two separate ordinances because of the divergent subject matter. Ms. Swetnam agreed.
At 8:14 p.m. Mayor Gere called a three minute break. At 8:17 p.m. the mayor called the meeting back to
order.
Municipal Fiber
Public Works Director Fred Buckenmeyer referred to Council's ongoing discussion exploring the possibility
of establishing a municipal broadband fiber optic network. He introduced Community Advisory Committee
member Bruce McDougal to present a fiber optic feasibility study.
Bruce McDougall, 4404 Orchard Avenue, summarized his 20 years of experience as a network engineer in
the telecommunications industry, currently employed by Cisco Systems. Mr. McDougal presented his
research and thanked the staff and citizens who provided input. He addressed why Anacortes should build
and operate a municipal fiber optic network, stressing the critical need for reliable high speed internet
service for both home and business use and arguing that a Muni-Fiber network would generate revenue,
provide superior service, establish Anacortes as a visionary 21st Century city and take advantage of the
city's experience and administrative infrastructure in operating municipal utilities such as its water utility.
Mr. McDougal explained why their current business models make incumbent service providers unlikely to
build a municipal fiber optic network in Anacortes.
Mr. McDougal then presented case studies of two municipal fiber optic networks from Mount Vernon,
Washington and Sandy, Oregon, which have two very different models. He focused on the full Fiber-to-the-
Home "water utility" model of Sandy which now has 60% of households subscribing to its network. He
noted that Sandy has 60% of the population of Anacortes; Mr. Johnson pointed out that Sandy also has a
smaller geographic area. Mr. McDougal reported that Chattanooga, Tennessee used the"water utility"
model on a much larger scale.
Next Mr. McDougal presented construction cost models for doing nothing and relying on the Wave
Broadband fiber network, building a muni-fiber network following the Mount Vernon "open access" model,
and building a muni-fiber network following the Sandy, Oregon "water utility" model to connect every
building in town. He discussed the many variables affecting the construction cost estimate, which ranged
from $2.3M to $4.1M for the open access model and $10M to$15.8M for the water utility model. He
clarified that the estimates were based on connecting to 40% of the buildings in Anacortes and that a
higher actual subscription rate would increase the cost but also the revenue.
Mr. McDougal discussed with councilmembers options for underground vs. aerial fiber and the possibility of
using PSE poles.
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Mr. McDougal then presented cost models to construct and operate a muni-fiber network, broken down
into four phases.
0. Connecting to the 15 backbone, including a primary and a secondary connection to provide
redundancy
1. Building the in town fiber network and connecting roughly 1400 buildings; the costs would depend
on the subscriber percentage
2. Building a neighborhood distribution ring outside the central district, another 2870 buildings
3. Connecting all remaining 2334 buildings in the city
He continued with a model for estimating monthly operating costs including the assumptions of what would
be included and the resulting range of values. Mr. McDougal observed that operating costs don't increase
steeply after Phase 0 so it would be more cost effective per connection to operate the entire network.
Mr. McDougal next presented a revenue model for residential and business service and the revenue it
would generate for each phase, all based on a 30-40% subscriber rate. He said that Phase 1 would not
generate net revenue but subsequent phases could pay for themselves and generate positive net revenue.
Mr. McDougal concluded that building a municipal fiber network and becoming a"Gigabit City" is well
within the city's capabilities. He argued that building a municipal fiber network would provide a new
revenue stream for the City of Anacortes (without raising taxes), provide Anacortes residents and
businesses with a superior internet service at a great price, put Anacortes on the map as a visionary 21st
century city and attract creative and entrepreneurial residents and businesses. He said financial success of
the project would require 30-40% of households and businesses to sign up. He closed his presentation
with a series of next steps to begin.
Mayor Gere thanked Mr. McDougal for his presentation and his exceptional efforts in preparing his
analysis. The mayor invited members of the audience to comment.
Brock Ward spoke in strong support of building a municipal fiber network. He said telecom companies
promised great service in return for not being overly regulated but that the United States has worse internet
service than many developing nations.
Andy McLaughlin, 4115 Jasper Way, a colleague of Mr. McDougal's at Cisco Systems, described some of
the municipal fiber projects he had worked on and many public safety and public works benefits of citywide
fiber.
No one else present wished to address the Council.
Mayor Gere expressed wholehearted support for a municipal fiber network. Mr. Johnson thanked Mr.
McDougal for his monumental effort. Mr. Walters agreed and urged hiring a staff person to spearhead the
project. Mr. Miller thanked Mr. McDougal, said he was leaning toward the Sandy, Oregon "water utility"
model and observed that availability of high speed internet fiber increases housing values.
There being no further business, at approximately 9:35 p.m. the Anacortes City Council study session of
August 10, 2015 adjourned.
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