HomeMy WebLinkAbout2015-07-06 City Council Minutes Approved City Council Minutes—July 6, 2015
Mayor Laurie Gere called to order the regular Anacortes City Council meeting of July 6, 2015 at the
advertised special time of 5:45 p.m. Councilmembers Ryan Walters, Erica Pickett, Brad Adams, Liz
Lovelett, John Archibald and Matt Miller were present. The assembly joined in the Pledge of Allegiance.
Councilmember Eric Johnson joined the meeting immediately thereafter.
Executive Session: Real Estate Discussion per RCW 42.30.110(1 b, 1 c)
Mayor Gere announced that Council and City Attorney Brad Furlong would convene in Executive Session
for approximately 20 minutes to discuss a potential real estate transaction about which open discussion
could result in terms unfavorable to the City and that no action would be taken in the executive session.
At approximately 6:06 p.m. the executive session concluded and the regular meeting resumed.
Citizen Hearings
Tom Glade, 210 Mansfield Court, spoke in response to the City's recent collaborative effort to supply
water to Skagit Valley farmers. Mr. Glade quoted a Washington State Dept. of Ecology press release as
reporting the Skagit River to be below the instream flow limit. Mr. Glade urged a conscious decision on
whether fish were going to be sacrificed for farmers or if farmers could perhaps be subsidized for a year in
order to leave water in the river for the fish. He said that the river was at 40% of normal with no remaining
snow pack and that salmon were in a critical situation.
Mayor/Council Communication and Committee Reports
Mayor Gere thanked the community for its support of the 4th of July celebration including over$12K
contributed for the fireworks show and in kind contributions from the Anacortes Parks Foundation, MJB
Properties, Anacortes Yacht Club and Steve Orsini, the Skagit County Sheriff's Office, and Donalda
Wiggins and the Anacortes Women of Today who have volunteered their time for the parade and patriotic
program for twenty-two years.
Mayor Gere invited Assistant City Attorney Darcy Swetnam to update Council on the effort to provide
water to Skagit Valley farmers. Ms. Swetnam reported that following Council's action at its June 22, 2015
meeting in support of temporarily transferring up to 20 cfs of the City's uninterruptible water right to west
Mount Vernon and Fir Island farmers, the Department of Ecology had authorized the City to more
expediently transfer its oldest, 15 cfs water right directly to the farmers. Ms. Swetnam said that contracts
with the irrigation districts were executed accordingly. She reported that after pumping that water for two
hours on either side of the high tide on June 27 and June 28 it was discovered that the amount of water
was insufficient due to the extremely dry conditions in the irrigation ditches. Mayor Gere then met with the
Western Washington Agricultural Association, representing the irrigation districts, and learned that the
districts needed approximately double the amount of water available from the 15 cfs water right, or 6
MGD. The mayor then pursued and was granted a revised temporary drought change authorization to
pump approximately 5 MGD to the districts during three hours on either side of the high tide. Additionally,
staff worked with Skagit PUD to arrange an additional 5 cfs from the PUD which the PUD commissioners
would consider for approval at their meeting on July 7, 2015. Mayor Gere added that the WWAA had
called that morning and was concerned that the farmers may need more water even if the PUD were to
approve the additional 1 MGD so collaborative discussions continued between many parties and
agencies to work out a balance between the agricultural community and fish habitat during the current
extraordinary drought.
Ms. Lovelett reported from the AWC Municipal Leadership conference in Wenatchee that she attended
with Mayor Gere and Mr. Walters.
Ms. Pickett thanked the Anacortes Police and Fire Departments for enforcing the fireworks ban over the
4th of July.
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Mr. Walters remarked on how much the community loves the 4th of July parade and urged Council
discussion of possible reorganization of the parade effort.
Mr. Walters reported that while in Wenatchee for the AWC conference they had toured the Pybus Public
Market. He described that very successful community space.
Mr. Walters reported from the Lodging Tax Advisory Committee which met the previous week and
discussed streets, benches, bike racks, parklets and other streetscape design elements.
Mr. Walters reported from a GIS session at the Wenatchee conference about mapping infrastructure and
providing information to public as well as staff, including zoning, based on GIS data.
Mr. Walters reported that the Finance Committee had attended a webinar with Socrata regarding data
visualization software which could be useful for budgeting and performance management among other
things. He said CFC would continue to explore similar applications.
Consent Agenda
Mr. Johnson moved, seconded by Ms. Lovelett, to approve the following Consent Agenda items. Vote:
Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried.
Approval of Vouchers/Cancellation of Checks
Council voted unanimously that the following vouchers/checks audited and certified by the City's Auditing
Officer(Finance Director)and subsequently reviewed and approved by the Council Finance Committee
on June 17, 2015, June 24, 2015 and July 1, 2015 are approved for payment as of July 6, 2015.
Claims
Check Numbers 76690 through 76907 in the total amount of$615,550.53
EFT Numbers 76685 through 76689 in the total amount of$60,215.49
Prewritten Claims
Check Number 76678 through 76684 in the total amount of$25,928.29
Payroll for June 19, 2015 in the total amount of$925,698.56
Check Numbers 40557 through 40591 in the total amount of$24,591.73
Direct Deposit Numbers from 59215 through 59428 in the total amount of$653,001.51
EFT Numbers from 1821 through 1826 in the total amount of$248,105.32
Payroll for July 2, 2015 in the total amount of$783,401.25
Check Numbers 40592 through 40645 in the total amount of$41,226.09
Direct Deposit Numbers from 59429 through 59633 in the total amount of$409,608.59
EFT Numbers from 1827 through 1832 in the total amount of$332,526.57
In the same motion Council:
approved the minutes of June 15, 2015 and June 22, 2015 as if read;
approved Resolution 1921 confirming the Evergreen Islands proposed Comprehensive Plan
amendment and considering the request in the 2016 Comprehensive Plan periodic update;
approved a Street Fair Application for the Eagle Barbecue from 8:00 a.m. to 8:00 p.m. on Friday,
August 14, 2015 through Sunday, August 16, 2015;
approved a Street Fair Application for the Anacortes Arts Festival from 6:00 p.m. on Thursday,
August 6, 2015 through 11:00 p.m. on Sunday, August 9, 2015; and
accepted as complete Contract 15-042-SEW-001 with Welch Brothers Construction, Inc. to
Reconstruct and Waterproof Existing Sanitary Sewer Manholes.
UNFINISHED BUSINESS
Agreement in Lieu of Condemnation for Purchase of Real Estate Pursuant to Ordinance No. 2949
Parks and Recreation Director Gary Robinson summarized the 20-year history of the city's interest in the
ownership of and access to the subject 42-acre property culminating with the current owners' proposal to
sell the property to the City. Mr. Robinson reminded that on June 1, 2015 City Council adopted Ordinance
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2949 commencing condemnation of the property under eminent domain. He reported that subsequent
discussions had resulted in the purchase agreement now before Council. He said the total cost would be
approximately$300K including interest and transaction costs and added that staff's intent was to raise
approximately half of that through community donations over the next 18 months with the other half
coming from quarry revenues in Fund 113. Mr. Robinson indicated that the property, which abuts the
Anacortes Community Forest Lands, would become part of the ACFL.
Mayor Gere invited members of the audience to comment on this topic. No one present wished to
address the Council.
Mr. Johnson moved, seconded by Mr. Archibald, to approve the Agreement in Lieu of Condemnation,
carrying out Ordinance 2949, as presented by staff and to provide authority to the Mayor to execute the
Agreement and for the Mayor and other City staff to take all reasonably necessary actions to close the
purchase of the property in conformance therewith. Vote: Ayes— Pickett, Adams, Lovelett, Archibald,
Miller, Johnson and Walters. Motion carried.
Mr. Robinson thanked Council for supporting this significant purchase and thanked Parks and
Forestlands Manager Jonn Lunsford for his efforts to conclude the sale.
Closed Record Meeting: Leeward Landing PUD
Associate Planner Kevin Cricchio resumed the closed record hearing begun at the June 1, 2015 City
Council meeting regarding the Leeward Landing 10-lot replace/PUD, vacation request, Shoreline
Substantial Development Permit, Shoreline Variance, and SEPA Environmental Review (PUD-2014-0001
and SDP-2014-0001). Mr. Cricchio summarized the actions requested of Council and the parameters of
the project as discussed at the prior meeting. He listed the proposed code variances and deviations and
the suggested Planning Commission conditions pertaining to those. Mr. Cricchio reminded that the
Planning Commission had voted 6-0 to recommend approval to the City Council and that Planning
Department staff also recommended approval.
Councilmembers discussed with Mr. Cricchio and Planning Director Don Measamer the suggested
conditions addressing the construction of the trail and parking lot at Kansas Avenue and the height limit
for ADUs. Staff answered councilmember questions about the number of homes that would be allowed by
the underlying R2 zoning, the valuation formula for the requested street vacation, the geotechnical reports
regarding mitigation of hazards to pre-development conditions or to a lesser level, and the suggested
condition requiring waiver and release of claims against the City. Mr. Adams asked that the fence along
Oakes Avenue be lowered to five feet tall so passersby don't look at a wall. Mr. Walters asked that the
conditions be revised to show that solid waste would be picked up on the private one-way street rather
than on Oakes Avenue. Mayor Gere expressed enthusiasm for the project which would provide more
public access to the Guemes Channel Trail.
Ms. Pickett moved, seconded by Mr. Miller, to approve the Leeward Landing PUD.
Mr. Walters asked unanimous consent to amend the motion to change Condition 12 to reflect garbage
pickup on the internal private street rather than on Oakes Avenue. Mr. Johnson seconded the motion.
Vote on amendment: Ayes—Adams, Lovelett, Archibald, Miller, Johnson, Walters and Pickett. Motion
carried.
Mr. Adams moved, seconded by Mr. Johnson, to amend the motion to add a sentence to Condition 38
stating "Fences along Oakes Avenue shall not exceed five foot in height."Vote on amendment: Ayes—
Lovelett, Archibald, Miller, Johnson, Pickett and Adams. Nays—Walters. Motion carried.
Vote on motion to approve Leeward Landing PUD with two amended conditions: Ayes— Miller, Johnson,
Walters, Pickett and Adams. Nays— Lovelett and Archibald. Motion carried.
At approximately 7:12 p.m. Mayor Gere called five minute recess. At approximately 7:19 p.m. the mayor
called the meeting back to order.
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2016 Comprehensive Plan Update -Continued Alternative Land Use Concepts Discussion and
Public Comment
Mr. Measamer recalled that at its June 22, 2015 meeting Council began reviewing land use alternatives
proposed as part of the 2016 Comprehensive Plan update. He invited Council to continue that review,
referencing the Alternative Land Use Concepts and Recommendations document included in the Council
packet for that meeting. Mayor Gere suggested that each councilmember share his or her thoughts on
each topic in turn and then she would summarize the prevailing sentiment and areas for further
investigation.
D: CBD Zone
Mr. Measamer summarized the alternatives under consideration for this zone and reported the
Community Advisory Committee (CAC)and Planning Commission (PC) recommendations and comments
from the public as reflected in the document. Councilmembers discussed the interface between the CBD
and surrounding residential zones and the possibility of transitional use zones along that interface. Ms.
Lovelett suggested front in angle parking in the CBD as has been implemented in Wenatchee.
Mayor Gere invited members of the audience to comment on this topic. No one present wished to
address the Council.
Mayor Gere observed that councilmembers were generally inclined toward Alternative 2 and had some
concerns about transition zones so would like more exploration of that.
E: Commercial Zone [south Commercial)
Mr. Measamer summarized the alternatives under consideration for this zone and reported the CAC and
Planning Commission recommendations and comments from the public as reflected in the document. He
reminded Council of repeated public comment regarding less reliance on conditional use permits and in
favor of design guidelines.
Walter Guterbock, 2005 29th Place, member of the CAC, discussed the CAC suggestion of increasing the
threshold size for requiring a CUP in the Commercial zone to something larger than 50,000 SF.
Councilmembers spoke in turn and generally expressed support for Alternative 2. Several
councilmembers wondered why the height limit was proposed at 50' rather than the 65' proposed for the
CBD. Mr. Walters argued against requiring a CUP for retail larger than 50,000 SF in the Commercial zone
but all other councilmembers supported retaining the CUP for retail larger than 50,000 SF in that zone.
Many councilmembers spoke in support of design standards and landscaping requirements for the zone.
Mayor Gere invited members of the audience to comment on this topic. No one present wished to
address the Council.
Mayor Gere recapped that all councilmembers preferred Alternative 2, some supported a 65' height limit,
most felt that 50,000 SF should continue to be the retail size limit without a CUP, and many endorsed
landscaping and design standards for the zone.
L: UGA Expansion for Scimitar Ridge Area
Mr. Measamer summarized the alternatives under consideration for this zone and reported the CAC and
Planning Commission recommendations and comments from the public as reflected in the document.
All councilmembers spoke in turn supporting Alternative 1, the no change alternative.
Mayor Gere invited members of the audience to comment on this topic. No one present wished to
address the Council.
Mayor Gere observed Council's unanimous agreement against pursuing a UGA expansion in this area.
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M: UGA Expansion — Heart Lake
Mr. Measamer summarized the alternatives under consideration for this zone and reported the CAC and
Planning Commission recommendations and comments from the public as reflected in the document. He
added that staff did not feel this UGA expansion was necessary to meet the City's population allocation
targets.
All councilmembers spoke in turn supporting Alternative 1, the no change alternative.
Mayor Gere invited members of the audience to comment on this topic. No one present wished to
address the Council.
Mayor Gere observed Council's unanimous agreement against pursuing a UGA expansion in this area.
F: Waterfront (14th to 22nd, east of R Avenue—"MJB North"), CM1 Zone
Mr. Measamer summarized the alternatives under consideration for this zone and reported the CAC and
Planning Commission recommendations and comments from the public as reflected in the document. He
pointed out that additional public comments on this area had been distributed to councilmembers at the
beginning of the meeting and would be added to the evening's Council packet.
Jimmy Blais, 9125 10th Ave South, Seattle, representing MJB Properties, spoke in support of Alternative
2. Mr. Blais responded to the CAC recommendations regarding the barge channel by asking Council to
allow flexibility to change that use in the future based on demand, economic conditions and availability of
alternative sites. Mr. Blais also requested higher height limits to make development economically feasible.
Cynthia Richardson, 315 V Avenue, member of the CAC, observed that both the north and south docks
are currently owned by MJB but that may not always be the case. She spoke of the importance of
maintaining both dredged channels and barge facilities to provide supply routes to the island in case of a
disaster.
Mr. Blais clarified that MJB maintains the barge channels to the inner harbor line, DNR owns from the
inner harbor line to the outer harbor line, and the Corps of Engineers dredges outside the outer harbor
line.
Councilmembers spoke in turn, generally favoring Alternative 2 but also addressing the barge dock,
public access, master planning and/or developer agreements for the area, and view corridors.
Mayor Gere summarized that Council was leaning toward Alternative 2, wanted to ensure public spaces
and public access, supported mixed use and development regulations, was interested in exploring
developer agreements, and wanted to keep options open for the barge facility for both public safety and
industrial use. The mayor added that on her recent trip to Sister City Sydney, British Columbia she visited
the very successful development of a hotel, aquarium and condominium complex downtown. The mayor
reported that the residential component of the development had made the project economically feasible
for the developer and that the mixed use project had re-energized the downtown.
Ms. Lovelett asked if any of the CAC members in the audience wished to address the barge dock.
Andy Stewart, 3508 W 8th Place, member of the CAC, said the barge dock has historically provided a lot
of opportunity for the working waterfront and continues to provide visibility for Anacortes and opportunity
for larger R&D industries. He said easy loading provides something other coastal cities in the region don't
offer. Mr. Stewart urged the community to find a way to keep the barge facility to support the working
waterfront and not move too far into a tourist and residential economy.
G: R to T Avenue between 22nd and 28th ("MJB Central and Southwest"), Industrial Zone
Mr. Measamer summarized the alternatives under consideration for this zone and reported the CAC and
Planning Commission recommendations and comments from the public as reflected in the document.
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Mr. Walters suggested that the Tommy Thompson Trail which bisects this area could be moved and that
its current location should not constrain the discussion of and planning for this area.
Ms. Pickett asked for confirmation that the Industrial zone currently allows offices.
Cynthia Richardson, CAC member, urged that the area remain industrial, noting that most of Anacortes is
residentially zoned and that if residential is allowed in this area Anacortes will have lost forever the
opportunity to provide more jobs for Anacortes residents. Ms. Richardson responded to Ms. Pickett's
question by reading from the current code the list of uses permitted in the Industrial zone, including
offices. She urged retaining the zoning but changing the development regulations to allow lots of flexibility
of size and shape of buildings to provide the jobs of the future, but exclude residential.
Jimmy Blais urged Council to look at this area as two sites. He noted that east of the Tommy Thompson
Trail MJB has already invested in industrial uses. He said that west of the trail MJB has had virtually no
industrial use for the western portion of the site in the past twenty years. Mr. Blais said MJB has not had
demand for this property as zoned and said that heavy industrial activity next to residential zones just
doesn't work. He reported that the waterfront workshop facilitated by Makers 67% of those present
wanted some sort of housing on the property, including live-work, multi-family and low income, and there
was also support for retail and office but very little support for manufacturing or industrial uses.
Mr. Archibald said he saw the area as two separate pieces of property. He supported residential uses
west of the trail under Alternative 2 and industrial uses to the east.
Mr. Miller supported maintaining the industrial zoning under Alternative 1. He urged exploring what the
barriers might be to industrial economic opportunities on the site and what the city could do to facilitate
industrial development.
Mr. Johnson supported Alternative 2.
Mr. Walters felt that the current industrial zoning was not viable. He urged moving the trail, changing the
zoning to allow master planning, and continuing exploration of the best uses for the area but excluding
residential.
Ms. Pickett supported maintaining the Industrial zoning and re-iterated that once industrial land is rezoned
it never comes back. She noted that every other owner in the Industrial Zone had been able to rent, lease
or build on their property as currently zoned.
Mr. Adams quipped that he supported Alternative 1.5, saying some change was needed in the area to
stimulate development but Alternative 2 was too extreme. He urged further study of potential small scale
industrial markets for the property.
Ms. Lovelett said the area was a perfect spot for live-work spaces, community tech zones, and start up
space nestled between residential and heavy manufacturing. She agreed with Mr. Adams that more study
was needed and characterized herself as supporting Alternative 1.5. Mr. Walters claimed to support
Alternative 1.5 as well.
Andy Stewart, CAC member, said it was not viable to move the trail towards water due to existing uses
there. He also complained that the community workshop on the MJB property didn't do a good job of
visioning the area and said there could be more nuance for this site.
Jimmy Blais agreed that it would be an issue to run the trail through the industrial zone. He said MJB was
sensitive to the history of the property and reminded that the infrastructure originally envisioned to support
that industrial zone was never developed.
Mayor Gere concluded that the stated preferences averaged out to 1.5 with councilmembers not
generally favoring residential use but willing to explore work-live spaces. She noted a resonance with
Anacortes City Council Minutes July 6, 2015 6
more high technology industry. She observed that further study was needed. Mr. Walters urged actively
investigating what the city would need to do to make industrial use viable in the area, whether that
involved street vacation or street construction, moving the trail, or some other potentially large scale
infrastructure reconfiguration.
H: R Avenue Regional Retail Overlay
Mr. Measamer summarized the alternatives under consideration for this zone and reported the CAC and
Planning Commission recommendations and comments from the public as reflected in the document.
Councilmembers engaged in extensive discussion of this topic, noting the split in public opinion on
whether large or medium scale retail was wanted, the inability to guarantee a specific retailer would locate
there, and the potential that similar retail would locate on tribal land. The group reiterated arguments
about whether shoppers would still travel off island to achieve greater selection, what additional traffic and
public service expenditures would be incurred, the potential impacts on existing businesses and the
character of the town. Several councilmembers expressed interest in hearing from the WWU CEBR retail
modeling consultant group.
Mr. Miller, Ms. Pickett, Ms. Lovelett and Mr. Archibald supported Alternative 1. Mr. Johnson supported
Alternative 2. Mr. Walters was undecided. Mr. Adams recognized expressed interest in larger retail but
called for more discussion of the best place to locate it.
Cynthia Richardson, CAC member, urged full understanding of exactly what was being proposed. She
reminded that changing zoning or development regulations for a designated area is not the same thing as
building one store. She urged evaluating the trade offs if retail use replaced some other existing use.
Given the late hour, Mr. Measamer suggested continuing the discussion at the next City Council meeting
and offered to bring back additional information to inform that discussion.
Andy Stewart, CAC member, reported that there are 280 jobs in the area of the proposed overlay.
Vernon Lauridsen, 2219 32nd Street, member of the CAC, urged maintaining industrial land and reported
that there is an unmet demand for industrial space.
Jimmy Blais summarized the history of MJB's original retail proposal and the current retail overlay
proposal.
Mayor Gere summarized that the majority of the Council was leaning toward Alternative 1 but agreed that
the community is split on the subject of larger scale retail so more information was needed.
The mayor thanked Council and the community members present for a productive discussion and said
the 2016 Comprehensive Plan Alternative Land Use discussion would continue at the next meeting.
At approximately 9:35 p.m. the regularly scheduled Anacortes City Council meeting of July 6, 2015 was
adjourned.
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