Loading...
HomeMy WebLinkAbout2015-06-01 City Council Minutes Approved City Council Minutes—June 1, 2015 Special Meeting At 5:30 p.m. Mayor Laurie Gere called to order the advertised special meeting of the Anacortes City Council for the purpose of a site visit regarding Leeward Landing LLC Preliminary Plat Approval, Planned Unit Development and Shoreline Substantial Development Permit. Council convened at the north side of Oakes Avenue between Louisiana Avenue and New York Avenue, Anacortes. Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Liz Lovelett, John Archibald and Matt Miller were present. No testimony was received and no action was taken. At approximately 5:50 p.m. the special meeting adjourned. Regular Meeting At 7:00 p.m. Mayor Laurie Gere called to order the regularly scheduled Anacortes City Council meeting of June 1, 2015. Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Liz Lovelett, John Archibald and Matt Miller were present. The assembly joined in the Pledge of Allegiance. Citizen Hearings Kirby Hallas, 4904 Portalis Way, presented a packet of information to the mayor and spoke regarding Portalis Island Homes Condominium Association revenues from fines levied against its members for parking on Portalis Way and Portalis Court, both of which are public city streets. Mr. Hallas requested that the city investigate this practice, send a message to the HOA that it cannot generate revenue off of city streets, and ask that the revenue thus generated should be returned to those who had paid it. Mayor Gere said this was the first the city had heard of the situation and that the City Attorney would look into the matter. Robert Deckrosh, owner of the home at 4904 Portalis Way, addressed the same topic. Mr. Deckrosh advised that a summary judgement was pending which would rule in favor of the HOA. He provided background on the details of the plat approval, the declaration filed and recorded with Skagit County referencing condominium parking regulations, and subsequent revision to that declaration. Mr. Deckrosh expressed concern that there was nothing to stop any HOA from passing a similar rule and banning residents of developments from parking on city streets. He added that the general public is not subject to enforcement of the HOA parking restrictions, only residents are. Bill Testerman, 3511 D Avenue, applauded and thanked City Council for all that it has done in support of biking and walking. He cited support for the pedestrian and biking program, Open Streets and the Tommy Thompson and Guemes Channel Trails. Dr. Testerman said keeping active is the key to aging gracefully and thanked the mayor and Council for the city facilities that make that possible. Mayor/Council Communication and Committee Reports Mr. Walters announced the ribbon cutting for the LID demonstration parking lot at the Skagit County Commissioners Administrative Building, 1800 Continental Place, Mount Vernon on Thursday, June 11, 2015 at 10:30 a.m. He invited his colleagues to attend and view samples of the different styles of pervious surfaces that would be on display as well as the bioswales and rain gardens that receive the runoff. Ms. Pickett reported from the very successful Wastewater Treatment Plant open house whose guests included 250 third grade students. She complimented the city crew for its efforts. Consent Agenda Mr. Johnson moved, seconded by Ms. Pickett, to approve the following Consent Agenda items. Vote: Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried. Anacortes City Council Minutes June 1, 2015 1 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 May 20, 2015 and May 27, 2015 are approved for payment as of June 1, 2015. Claims Check Numbers 76375 through 76496 in the total amount of$454,813.42 EFT Numbers 76373 through 76374 in the total amount of$2,996.00 Prewritten Claims Check Number 76372 in the amount of$25.00 Payroll for May 5, 2015 in the total amount of$660,563.15 Check Numbers 40420 through 40468 in the total amount of$35,882.15 Direct Deposit Numbers from 58608 through 58804 in the total amount of$380,361.62 EFT Numbers from 1803 through 1808 in the total amount of$244,319.88 Payroll for May 20, 2015 in the total amount of$789,421.73 Check Numbers 40469 through 40495 in the total amount of$22,744.61 Direct Deposit Numbers from 58805 through 59015 in the total amount of$517,042.25 EFT Numbers from 1809 through 1814 in the total amount of$249,634.87 In the same motion Council approved the minutes of May 18, 2015 and May 26, 2015 as if read. UNFINISHED BUSINESS Resolution 1919: Skagit-Island Regional Transportation Planning Organization (SIRTPO) Public Works Director Fred Buckenmeyer reminded Council that this topic had been discussed at length at the May 26, 2015 City Council study session. He distributed a revised draft Resolution 1919 authorizing support of continued participation in the SIRTPO and summarized the presentation from the May 26 meeting. Mr. Buckenmeyer recommended approving the resolution which he noted had been drafted by Assistant City Attorney Darcy Swetnam. Ms. Lovelett spoke in favor of strong interlocal agreements for regional planning and suggested establishing something similar with Whatcom and Snohomish counties. Mayor Gere advised that was being discussed at SCOG. Mr. Buckenmeyer responded to a question from Mr. Adams about the voting structure of the SIRTPO. Mayor Gere confirmed that she would vote at the SIRTPO according to Council's vote on Resolution 1919. Mr. Johnson moved, seconded by Ms. Lovelett, to approve Resolution 1919 authorizing support of continued participation in the Skagit-Island Regional Transportation Planning Organization. Vote: Ayes— Pickett, Adams, Lovelett, Archibald, Miller, Johnson and Walters. Motion carried. Ordinance 2951: Amending Wholesale and Industrial Water Rates Finance Director Steve Hoglund introduced a revised Ordinance 2951 which had been updated since its initial presentation at the regular City Council meeting on May 18, 2015. In response to Council's request at that meeting Mr. Hoglund presented a chart comparing the new recommended rates with historical reconciled rates. He recommended adoption of Ordinance 2951. 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 Ms. Pickett, to approve Ordinance 2951 amending Chapter 13.32 of the Anacortes Municipal Code to update the wholesale and industrial contract rate schedule. Ms. Lovelett inquired if any of the regional customers had responded since the May 18, 2015 meeting. Mr. Hoglund replied that one La Conner resident had submitted an alternative analysis recommending lower rates than what staff was proposing. Mr. Hoglund said staff had evaluated that analysis which was based on a philosophical difference in the rate model and concluded by recommending the rates in Ordinance 2951. Vote: Ayes—Adams, Lovelett, Archibald, Miller, Johnson, Walters and Pickett. Motion carried. Anacortes City Council Minutes June 1, 2015 2 Change Order: TSI Modeling Analysis &Additional Transportation Planning Mr. Buckenmeyer recalled that Council had requested additional information when this item was initially discussed at the May 18, 2015 regular City Council meeting. He recapped his presentation from the earlier meeting and confirmed staff's recommendation that Council authorize the mayor to execute a modification to the contract with Transportation Solutions, Inc. in the amount of$75,510 to perform the scope of work outlined in the consultant's proposal included in the evening's Council packet. Mr. Buckenmeyer presented a chart summarizing the budgeted and expended amounts for the contract in 2014 and 2015. Mr. Miller summarized that$100K total had been budgeted in the two years and that staff was proposing to spend $119K total so a $19K budget amendment would be needed. Mr. Buckenmeyer concurred, noting that the amendment would also need to roll the unspent funds from 2014 into the 2015 budget. Mr. Buckenmeyer addressed questions from Ms. Pickett and Ms. Lovelett about the cost elements of the proposal and the extent to which any of the work had been or could be performed by staff or volunteers. Ms. Lovelett recommended sending the proposal back to committee for a more defined scope of work. Victor Salemann, principal with TSI, presented a series of slides explaining the proposed scope of work and the particular challenges of modeling transportation demand given the demographics in Anacortes. He explained that TSI was working closely with City staff to ensure that work performed by staff complied with Department of Commerce requirements for the Comprehensive Plan update. Mr. Salemann described his firm's experience performing similar work for other cities and emphasized the value of that expertise to accurately forecast infrastructure needs. He responded to councilmember questions about application of the modeling software to various land use options under consideration as part of the comprehensive plan update. Mr. Walters requested that Council be kept abreast of TSI's work and be provided a usable product for making capital and planning decisions. Mr. Walters moved, seconded by Mr. Johnson, to approve the TSI contract as presented. Mr. Adams moved, seconded by Ms. Lovelett, to amend the motion to approve only the $62,870 base agreement and not the $12,640 of optional services. Vote on amendment: Ayes— Lovelett and Adams. Nays-Archibald, Miller, Johnson, Walters and Pickett. Motion failed. Vote on original motion: Ayes—Archibald, Miller, Johnson, Walters, Pickett and Adams. Nays— Lovelett. Motion carried. NEW BUSINESS Ordinance 2949: Invoking Eminent Domain Re: Skagit County Assessor's Parcel No. 19056 City Attorney Brad Furlong presented Ordinance 2949 which would invoke eminent domain for Parcel 19056. Mr. Furlong advised that the City had complied with all notice requirements with respect to the adoption of the ordinance including mailings to the property owners and publication in the Anacortes American and the Skagit Valley Herald. Mayor Gere invited members of the audience to comment on this topic. No one present wished to address the Council. Ms. Pickett moved, seconded by Mr. Archibald, to adopt Ordinance 2949 invoking eminent domain regarding Skagit County Assessor's Parcel No. 19056 for expansion of the Anacortes Community Forest Lands. Vote: Ayes—Miller, Johnson, Walters, Pickett, Adams, Lovelett and Archibald. Motion carried. Closed Record Meeting: Leeward Landing PUD Associate Planner Kevin Cricchio presented for Council's review and approval the draft Findings of Fact, Conclusions of Law, and Decision for an application for preliminary approval of a 10-lot replat/PUD, vacation request, Shoreline Substantial Development Permit, Shoreline Variance, and SEPA Environmental Review made by Mr. Nels Strandberg and Leeward Landing LLC. Mr. Cricchio described the project of ten single-family homes and ten detached 2,000 SF (maximum) accessory structures Anacortes City Council Minutes June 1, 2015 3 accessed from a one-way internal private roadway off Oakes Avenue. He advised that the Anacortes Planning Commission conducted an open record hearing on April 22, 2015 continuing to May 13, 2015 and subsequently voted 6-0 to recommend that City Council approve the application based on staff's suggested conditions of approval and two additional conditions (Conditions 40 and 41). Mr. Cricchio referenced Council's site visit earlier in the evening and summarized the evening's packet materials regarding the zoning and shoreline jurisdiction pertaining to the site, proposed deviations from zoning standards, critical areas review, tree preservation plan, traffic impact analysis, vacation request for the unimproved portion of Minnesota Avenue on the site, and private and public trails proposed for the site. He reported that all required noticing was performed pursuant to the Anacortes Municipal Code and referenced Exhibits 3, 4 and 5 which include the agency comments, public comments and SEPA Mitigated Determination of Non-Significance. Mr. Cricchio called Council's attention to the Planning Commission's requested changes and additions to Conditions 37 through 41. He concluded that staff recommended approval of the application with Conditions 1 through 41. Ms. Pickett questioned a conflict between Conditions 36B and 40 regarding setbacks from the top of the bank. Planning Director Don Measamer advised that the SEPA MDNS would be amended to reflect setbacks of 45 feet. Mayor Gere invited the applicant to address Council with his presentation which was part of the record. Nels Strandberg, 408 2nd Street, presented a series of slides from the evening's Council packet and addressed questions from councilmembers about the slides. At approximately 9:00 p.m. Mayor Gere noted the number of agenda items remaining for the evening and inquired if councilmembers wished to continue the discussion of this item to the June 15, 2015 regular City Council meeting. Mr. Strandberg advised that he would be out of town for several weeks so if Council continued the discussion to a future date it might need to be a month out. Don (Pete) Peterson, a party of record, confirmed that he would be allowed to speak to his materials in the record at the continued meeting. Mayor Gere concluded that this agenda item would be continued to a future meeting which date would be coordinated by staff with Mr. Strandberg's schedule. Special Use Permit: Cell Tower 3010 Commercial Avenue Associate Planner Kevin Cricchio presented for Council's review and approval the draft Findings of Fact, Conclusions of Law, and Decision for an application submitted by Verizon Wireless for a Special Use Permit/Conditional Use Permit to construct a 70-foot tall cell tower/monopole at 3010 Commercial Avenue. Mr. Cricchio summarized the evening's packet materials regarding critical areas review, SEPA review, noticing, agency comments, public comments and third party review. He said staff recommended approval of the application subject to staff's recommended conditions. Mr. Steven Topp, representing the applicant, addressed Council to summarize the materials in the evening's Council packet regarding the site and the pole design. He advised that the 18-inch to 24-inch diameter monopole was designed to be able to fly a flag but that a flag was not required although if the pole flew a U.S. flag it would have to be lit. Mr. Topp clarified that a permanent flag could be installed to obviate the need for lanyards and that Verizon would be responsible for maintenance of the flag. Mayor Gere invited members of the audience to comment on this topic. No one present wished to address the Council. Mayor Gere closed the public hearing. Ms. Pickett moved, seconded by Mr. Adams, to approve the special use permit for Verizon at 3010 Commercial Avenue with ten conditions. Vote: Ayes—Johnson, Walters, Pickett, Adams, Archibald and Miller. Nays—Lovelett. Motion carried. At approximately 9:40 p.m. Mayor Gere called a two minute break. At approximately 9:43 p.m. the mayor called the meeting back to order. Anacortes City Council Minutes June 1, 2015 4 Public Hearing: Ordinance 2950 - Extending the Moratorium on Medical Marijuana Collective Gardens Planning Director Don Measamer recalled that Ordinance 2923 adopted June 16, 2014 established a one-year moratorium on issuing permits for medical marijuana collective gardens. He advised that the Washington State Legislature had subsequently passed Second Substitute Senate Bill 5052 which revamps the medical marijuana regulatory measures in the state and calls for the abolishment of collective gardens by June 1, 2016. Mr. Measamer requested an extension of the moratorium to allow City staff to review the new rules coming out from the WSLCB and come back to Council with recommendations on how to deal with LCB-certified cooperatives. He advised that Mr. Furlong had ensured that all required public notice requirements had been met for the evening's public hearing. Mayor Gere invited members of the audience to comment on this topic. No one present wished to address the Council. Mayor Gere closed the public hearing. Mr. Adams moved, seconded by Mr. Miller, to adopt Ordinance 2950 extending for six months a moratorium on the issuance of permits for medical marijuana collective gardens. Vote: Ayes—Walters, Pickett, Adams, Lovelett, Archibald, Miller and Johnson. Motion carried. Resolution 1918: Reorganizing the Lodging Tax Advisory Committee Mr. Measamer presented Resolution 1918 which would revise the structure of the Lodging Tax Advisory Committee (LTAC). He summarized the proposed changes which called for the Council Planning Committee members to serve as the Council's representation on the LTAC and would remove the prohibition on the two committee members involved in activities that could be funded by lodging tax from receiving funding while they were serving on the committee. Mr. Measamer also proposed appointing Mr. Erik Schorr to the LTAC in place of retiring member Philip Burton and reappointing Mark Lione, Russ Olivier and Andy Stewart to the LTAC for the following year. Mayor Gere invited members of the audience to comment on this topic. No one present wished to address the Council. Mr. Archibald, a member of the LTAC, pointed out that the LTAC is advisory only and Council makes the final award of lodging tax funds so no member of the LTAC could actually vote to award funds to him or herself. Councilmembers discussed the pros and cons of requiring the Council Planning Committee members to also serve as the Council LTAC members. Mr. Measamer summarized the consensus that the first bullet of Resolution 1918 would revert to read simply"three City Councilmembers". Mr. Johnson moved, seconded by Mr. Adams, to approve Resolution 1918 as revised to remove the requirement that the three City Councilmembers on the LTAC be the members of the City Council Planning Committee. Mayor Gere confirmed that the motion included the appointment of Mark Lione, Russ Olivier, Andy Stewart and Erik Schorr to the Lodging Tax Advisory Committee for one year beginning at the time of approval. Vote: Ayes— Pickett, Adams, Archibald, Miller, Johnson and Walters. Nays— Lovelett. Motion carried. Mayor Gere indicated that due to the late hour the executive session on the evening's agenda would be rescheduled for a future meeting. There being no further business, at approximately 10:00 p.m. the regularly scheduled Anacortes City Council meeting of June 1, 2015 was adjourned. Anacortes City Council Minutes June 1, 2015 5