HomeMy WebLinkAbout2015-06-22 City Council Minutes Approved City Council Minutes—June 22, 2015
At 6:00 p.m. Mayor Laurie Gere called to order the advertised special Anacortes City Council meeting of
June 22, 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
No one present wished to address Council.
NEW BUSINESS
Emergency Water Transfer for Agricultural Use
Assistant City Attorney Darcy Swetnam presented a request to provide Mayor Gere authority to take
action to provide emergency water to farmers on Fir Island and in west Mount Vernon, specifically to
apply to the Department of Ecology for an emergency transfer of water from Anacortes to Irrigation
District 15 and Diking Improvement District 22 and to enter into contracts with the districts establishing
and limiting their water use.
Ms. Swetnam explained the usual distribution of water to agricultural users in the two districts from the
Districts' interruptible water right in the Skagit River. She advised that due to low river levels the districts
were unable to withdraw any further water under their water right and that farmers were facing significant
crop losses as a result. Ms. Swetnam added that an emergency transfer of water rights from the Skagit
PUD to the districts had allowed them to withdraw water for 24 hours starting June 16 but that PUD did
not have sufficient water rights to extend the transfer. Ms. Swetnam advised that Anacortes has an
uninterruptible water right and adequate unused water to be able to offer water to the districts. She
presented a slide summarizing the city's anticipated summer water usage of 48 cubic feet per second
(CFS), its total water right of 85 CFS, and the proposed transfer of 20 CFS to the districts for the 2015
irrigation season. She asked Council to authorize the mayor to apply to DOE for a certificate granting the
transfer or change of a portion of the city's water right to the districts and, if the certificate were granted,
to execute contracts for the transfer of water to the districts for the 2015 season only, interruptible, limited
to certain times of day, subject to city monitoring, with nominal payment and coverage of all legal fees by
the districts. Ms. Swetnam reviewed the relevant codes and agreements and explained that all transfers
of water rights must be approved by DOE which evaluates whether the requested transfer can occur
without injury or detriment to existing water rights. Ms. Swetnam noted that the DOE review process
normally takes a year but that the governor's office had indicated they would advocate fast tracking the
process to allow completion in as little as two days. She advised that immediately upon issuance of a
certificate staff and outside counsel would move quickly to draft contracts with the districts. Ms. Swetnam
said that due to the critical timing for getting water to the fields and the fact that Council would not meet
again until July 6, staff was asking Council to give the mayor authority to act quickly in the interim. She
confirmed that both outside Counsel Steve DiJulio and Ms. Swetnam would carefully review all
agreements to insure they protected the city's interest.
Mayor Gere introduced Mr. Brandon Roozen, Executive Director of the Western Washington Agriculture
Association which represents both Districts 15 and 22. Mr. Roozen thanked Council for considering the
request and described the thousands of acres of potatoes, seed crops, berries and feed crops currently
affected by the drought and the loss of irrigation water. He noted that the river flow dropped dramatically
on June 1, leading to the unpredicted need for emergency action. He welcomed city monitoring of the
Association's metered diversion points and explained that water was critical immediately and through July
due to the timing of crop maturity and that water need would taper off after that. He noted that the districts
were asking the city for only half the amount of water they normally pulled from the river under their own
water right.
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Ms. Lovelett moved, seconded by Mr. Archibald, to authorize the mayor to execute contracts with Skagit
County Drainage and Irrigation Improvement District 15 and Skagit County Diking Improvement District 22
related to temporary emergency water transfers, and to execute temporary emergency transfer permits
from the Department of Ecology subject to review by the Public Works Director, City Attorney and legal
counsel Steve DiJulio of Foster Pepper. Mr. Johnson asked if Council could see the contracts before they
were executed. Ms. Pickett indicated that normally she would agree but that she was comfortable with Mr.
DiJulio's longstanding representation of the city's interest in water matters. Vote: Ayes—Walters, Pickett,
Adams, Lovelett, Archibald, Miller and Johnson. Motion carried.
Ambulance Order Authorization
Finance Director Steve Hoglund advised that the 2015 budget includes $235K to replace an existing fully
depreciated ambulance. He said that the vendor for this long lead time item needed something in writing
to secure the build spot. Mr. Hoglund asked Council to authorize the mayor to enter into an agreement
with Braun Northwest Inc. to build the ambulance. He advised that Skagit County EMS would reimburse
up to$200,000 of the cost and that the City had requested an additional $15,000 from the County to
cover sales tax and outfitting but that cash reserves might have to be used for that additional amount.
Mr. Johnson moved, seconded by Ms. Pickett, to authorize the mayor to enter into a contract with Braun
Northwest Inc. to complete the build process for the Northstar ambulance. Vote: Ayes— Pickett, Adams,
Lovelett, Archibald, Miller, Johnson and Walters. Motion carried.
UNFINISHED BUSINESS
2016 Comprehensive Plan Update -Alternative Land Use Concepts Discussion and Public
Comment
Planning Director Don Measamer invited Council's continued discussion of the land use alternatives
being considered as part of the 2016 Comprehensive Plan update. He explained the packet materials
which reflected the recommendations of both the Community Advisory Committee (CAC) and the
Planning Commission (PC) on each land use topic. Mr. Measamer asked Council to review each land use
issue, accept public comment from those present at the meeting, and if possible arrive at an informal
concurrence on a preferred alternative so staff could proceed with more detailed analysis and eventual
preparation of draft goals and policies.
Mayor Gere noted that the discussion could continue at the July 6, 2015 regular City Council meeting if
more time was needed.
Mr. Measamer began the discussion with land use item Y: LM Zone. He summarized the proposed
zoning change to R3 for the specified area and reported the CAC and PC recommendations. Senior
Planner Libby Grage distributed copies of additional public comments on this issue received since the
evening's Council packet was distributed. Mayor Gere invited members of the audience to address this
topic.
Jill Brownfield, representing the Port of Anacortes, reported that on June 18, 2015 the Port of Anacortes
Commissioners approved a resolution opposing the proposed zoning change to R3. Ms. Brownfield read
that position into the record.
The Port of Anacortes opposes a proposed change in zoning to the 1.5 blocks between 4th &
5th Street, M Avenue and Central Business District zone from Light Manufacturing(LM) to
Residential 3 (R3). The properties within this 1.5 block area between Old Town and industrial-
type development, including Trident Seafoods to the north and northwest, are currently zoned
LM. The Port is against the proposed zoning re-designation to residential and believes such a
change may adversely impact the viability of the working waterfront by reducing nearby
property available for expansion and pushing the residential boundary even closer to the
industrial area, potentially leading to an increase in conflict between uses. The Port urges the
City Council to keep the existing zoning for this property and not adopt any zoning proposals
that change Light Manufacturing to Residential.
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Keith Rubin, Port of Anacortes Commissioner, spoke against the proposed zoning change from LM to R3.
He said the proposed change would affect the quality of life in the community by threatening the working
waterfront.
Karen Gorzela, 1115 5th Street, asked if retaining the LM designation would increase the likelihood of
eminent domain being used to expand the industrial uses. She also noted that if the area were zoned R3
some of the double or triple lots could be subdivided, which might make residential use there more dense.
Ms. Gorzela said she was not in favor of that.
Mary Brennan, 1208 5th Street, observed that as at the Planning Commission public hearing,
approximately a dozen neighbors were in attendance all of whom supported rezoning to R3. She
reviewed the points made in her June 22, 2015 letter to Mayor and Council, copies of which she
distributed prior to her comments and which was added to the packet for the evening. Ms. Brennan
stressed that R3 zoning for the area was not a change but a recognition of the de facto development of
that block and a half which has been strictly residential for nearly 100 years.
Arlene French, 1411 8th Street, said she served on the committee for the Old Town Overlay and that she
and those who served with her would be really happy to extend the Overlay to the proposed block and a
half. Ms. French said it's an area of modest older homes that should be kept. She supported keeping it
residential and labeling its zoning to match current use.
Michael Mast, 1211 5th Street, supported changing the zoning to R3. He spoke of the care the current
residents take of their homes, said the block is already residential and it would be nice to know that they
are secure in a residential zone.
Meg Kershaw, 618 L Avenue, spoke in favor of the proposed rezone to R3. She said she was happy to
live near the neighboring industrial uses but urged Council to recognize that people already live in that
neighborhood.
No other audience members indicated a desire to address Council.
Councilmembers discussed the alternatives for this area at length including the relative protection for
existing homes under the R3 and LM zoning as well as the possibility of creating a transitional zone that
would allow both residential and possibly some sort of medium scale professional/office development.
Cynthia Richardson, 315 V Avenue, a member of the CAC, observed that if a manufacturing use were
constructed on the block in question the houses on the other side of 5th Street, which are already in the
R3 zone, could experience significantly more truck traffic on a street not constructed to support that use.
She also observed that under the LM zoning residents of the existing homes could open a number of
businesses on their lots that would not fit well into a residential neighborhood and that R3 zoning would
protect against that.
Lisette Roozen Mast, 1211 5th Street, spoke in favor of the proposed rezone to R3. She emphasized the
value of the residential community and said the block provides a buffer between 5th Street and the LM
zone. She suggested that CBD businesses would be negatively affected if LM uses expanded in that
block. She urged against erasing this part of Old Town.
Mayor Gere summarized that it appeared that Council supported further study of the R3 alternative as
well as the possibility of a transitional zone in the area.
At approximately 7:27 p.m. Mayor Gere called a 5 minute break. At 7:34 the mayor called the meeting
back to order.
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U: R1 Zone
Mr. Measamer summarized the proposed zoning change to R2 for the R1 zone and reported the CAC
and PC recommendations. He said staff recommended no change to the current zoning. Councilmembers
discussed the current options for building at greater density in the R1 zone through a PUD, the value of
the less dense R1 as a buffer between more dense zones and county land, and the potential inability of
current infrastructure to support more density. Mr. Measamer observed that some of the other land use
changes under consideration may be better suited to increase density and noted that the city could
consider rezoning the R1 in future years if necessary to meet population targets. Mayor Gere summarized
that it appeared that Council supported retaining R1 zoning with possible re-evaluation in five to ten
years.
A: R2 Zone
Mr. Measamer summarized the proposed lot size changes for the R2 zone and reported the CAC and PC
recommendations. He said staff recommended reducing the minimum lot size to 6000 SF in certain areas.
He asked if Council wanted to consider removing the CUP requirement for duplexes in some areas, or
eliminating duplexes entirely in the R2 zone. He discussed the difference between R2 areas in the west
half of town and those further east that overlie previously platted lots with the distinction falling
approximately at Anacopper Mine Road. Councilmembers discussed various means of allowing more
density, accessory dwelling units, tiny houses and duplexes in the R2 zone.
Cynthia Richardson, 315 V Avenue, member of the CAC, shared some of the CAC discussion on these
issues.
Chuck Bush, 2308 Forest View Lane, said R2 is residential zone and that duplexes and increased density
should go in R3 or R4 instead. He supported a minimum lot size of 6000 SF in R2.
Mayor Gere summarized that it appeared that Council supported a 6000 SF minimum lot size in the R2
zone and exploring options for accommodating tiny houses and affordable housing in the city.
B: R3 Zone
Mr. Measamer summarized the two different proposed lot size reductions for the R3 zone (excluding Old
Town) and reported the CAC and PC recommendations.
Gabriel Olmstead, 1019 16th Street, responded to Mr. Johnson's invitation to elaborate on his comments
in the packet. Mr. Olmstead said that increasing the number of lots or number of houses in a zone doesn't
guarantee more affordable housing. He observed that achieving affordability may take actions other than
zoning and provided examples from other jurisdictions.
Councilmembers commented generally in support of the CAC recommendation for this zone and raised
questions about the possibility of multi-plexes in the zone and of parking challenges. Mayor Gere
summarized that it appeared that Council supported the CAC recommendation to reduce minimum lot
size to 4500 SF and evaluate the possibility of 3000 SF minimums where the underlying plats support
that, along with design guidelines to ensure compatibility with surrounding uses.
B1: Old Town Overlay
Mr. Measamer summarized the two different proposed lot size reductions for the R3 zone under the Old
Town Overlay and reported the CAC and PC recommendations.
Arlene French, 1411 8th Street, said she had worked on the developing the overlay. She said the
committee's goal was to retain the scale and the size of homes in the overlay district and not have a small
home supersized, not to strictly control the design of homes. She said the committee did urge against
driveway cuts on the street.
Councilmembers presented their arguments in favor of the three alternatives. Mr. Walters suggested
establishing a maximum lot size for this area and adopting public works standards to require sidewalk,
curb and gutter. Mayor Gere summarized that councilmembers generally supported Alternate 2 but that
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several councilmembers preferred Alternative 1 and Mr. Walters preferred no change so further
discussion was warranted.
John Wilkinson, 404 2nd Street, shared his experience having moved to Anacortes from a city considering
the same sorts of density increases. He said if you downsize lots you lose trees and also tend to have
more cars parked on streets which can block city services. He encouraged considering not just lot size
but also how to handle trees, street access and parking.
C: R4 Zone
Mr. Measamer summarized the alternatives under consideration for the multifamily zone and reported the
CAC and PC recommendations. Councilmembers discussed with Mr. Measamer the effects of density
minimums vs. lot size restrictions vs. limitations on number of units.
Walter Guterbock, 2009 29th Place, a member of the CAC, said the CAC had suggested eliminating
density altogether in the R4 zone with design standards that could allow creative alternatives including
tiny housing. He urged looking carefully at parking because it is a hindrance to increasing density.
Mayor Gere summarized that councilmembers generally supported Alternate 2 with design standards
Gabriel Olmstead, 1019 16th Street, inquired if Alternative 2 called fora minimum density. He asked if that
was part of Council's recommendation and asked if that precluded a single family home on a 6000 SF lot
in the R4. Mr. Measamer said that had not been addressed by Council.
Q/R: R4A and R4B Zones
Mr. Measamer summarized the alternatives under consideration for these sections of the multifamily zone
and reported the CAC and PC recommendations. He said staff recommended converting these areas to
straight R4 zoning except for small exceptions in Skyline and at the top of D Avenue.
Councilmembers generally expressed support for rezoning R4A and R4B to R4 but also suggested
design guidelines to preserve open space in R4B and investigating live/work spaces in R4B. Mr. Walters
encouraged staff to word the R4 zone so that R4A could be eliminated altogether.
Walter Guterbock, 2009 29th Place, a member of the CAC, clarified that the CAC's intent when referring to
"medical uses"was to discourage further development of medical office buildings in the R4 zone.
Mr. Measamer suggested that due to the late hour discussion of the remaining land use topics continue at
the next regular City Council meeting on July 6, 2015. Mayor Gere and councilmembers concurred.
There being no further business, at approximately 9:05 p.m. the advertised special Anacortes City
Council meeting of June 22, 2015 was adjourned.
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