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HomeMy WebLinkAbout2015-06-08 City Council Minutes Approved City Council Study Session Minutes—June 8, 2015 At approximately 7:00 p.m. Mayor Laurie Gere called the Anacortes City Council study session of June 8, 2015 to order. Roll call found present City Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams and Liz Lovelett. John Archibald and Matt Miller were absent. Joe Waham, 2305 35th Court, spoke in favor of allowing small personal fireworks on the 4th of July. Mr. Waham reported that Sedro-Woolley had revised its regulations after having previously imposed a complete ban. He urged Council to repeal the complete ban on fireworks in Anacortes. He suggested that perhaps the City could designate stands where only approved fireworks would be sold and the proceeds might go towards the City fireworks display. Public Disclosure Policy Administrative Services Director Emily Schuh initiated a discussion of the City's Public Records code which was last updated in 2006. She introduced Legal Assistant Carol Yates and Police Department Records Supervisor Katie Ingram who manage the majority of public records requests to the city. Ms. Schuh noted a number of recent large requests which can take up a great deal of staff time. To ensure that the city responds to public disclosure requests in a timely and efficient manner, Ms. Schuh said staff had contacted Mike Connelly of Etter, McMahon, Lamberson, Van Wert&Oreskovich, P.C. She advised that Mr. Connelly, a noted public records expert, had been working with staff to draft revised municipal code and a public record policy which he would now review with Council. Ms. Schuh provided hard copy of the materials for members of the audience. Mr. Connelly said he had reviewed the city's current public record policy and made recommendations to clarify it and make it more workable. He recommended against department level indexes and suggested instead meeting the requirements of RCW 42.56.070 with a new Record Management Policy which would be consistent with the State record retention schedules. Mr. Connelly reviewed the proposed revisions to AMC Chapter 2.92 with Council, answering questions and noting councilmember suggestions for further revisions. Mr. Connelly discussed with councilmembers the evolving best practices for addressing electronic public records and the extent to which posting public records on the city website could be responsive to public record requests. He also discussed with Council the options for calculating the actual cost to produce scanned documents, noting that both staff members and the public typically prefer a fixed, stated cost for such records. Mr. Connelly confirmed for Ms. Pickett that public record requests are themselves public records and can be posted for public viewing. In response to a question from Ms. Lovelett, Legal Assistant Carol Yates advised that logs of public record requests since 2011 are currently posted on the city website including the estimated staff time to respond to each request. Mr. Connelly then reviewed with Council the proposed Record Management Policy as presented in the evening's Council packet. Noting that the policy is driven by the State retention schedules, Mr. Connelly said it takes a lot of work by staff to ensure consistency with that file organization and that cities typically spend several years moving into this type of system. In response to questions from Mr. Walters, Mr. Connelly said he would continue to meet with staff and make recommendations for processes. Mr. Connelly advised that he would incorporate the changes and suggestions provided by councilmembers during the meeting and that staff would bring the revised ordinance and policy back to Council for further review and possible action. Proposed Comprehensive Plan Amendment(2014) -Evergreen Islands (Docketing) Planning Director Don Measamer reported that on March 31, 2014 Evergreen Islands had submitted a request to amend the Comprehensive Plan and that after working with staff had submitted a revised request on October 14, 2014. He said that following the Planning Commission public hearing on May 13, 2015 regarding whether the proposed amendment should be docketed as part of the annual amendment process the Planning Commission voted to recommend to the City Council that the amendment request be docketed. Mr. Measamer read aloud proposed Goal 11 and Policies (a)and (b)which were included in the evening's Council packet: Anacortes City Council Study Session Minutes June 8, 2015 1 General City Goals Goal 11: As the major water purveyor in Skagit and Island Counties, the City of Anacortes shall safeguard its increasingly precious water resource for use by future Skagitonians. Accordingly, the City of Anacortes shall work cooperatively with all regional users to preserve water for the future requirements of the Anacortes Water Supply System and the water service areas included in the Skagit County Coordinated Water System Plan (SCCWSP). Policy: (a)As the largest and oldest water rights holder on the Skagit River, second only to tribal rights, the City of Anacortes shall strive to establish mutually beneficial and cost-effective solutions towards supplying water to all users within the Anacortes Water Supply System and the SCCWSP service area. (b)Cooperative water supply forecasting and planning is most broadly accomplished in the Skagit County Coordinated Water System Plan (SCCWSP). As a major water provider with expertise in water planning, the City of Anacortes shall encourage timely updates to the SCCWSP that reflect current water law, supply restrictions and a 50-year water demand forecast, facilitating timely infrastructure planning. Mr. Measamer advised that the request was scheduled for a public hearing before City Council at its June 15, 2015 regular meeting and that staff would prepare a draft resolution establishing the 2015 Docket of Proposed Comprehensive Plan Amendments in case Council voted to docket the proposed amendment at that time. Mr. Measamer said representatives of Evergreen Islands were present to address Council regarding the request. Tom Glade, 210 Mansfield Court, representing Evergreen Islands, thanked Mr. Measamer and Public Works Director Fred Buckenmeyer for the time they had spent working to develop language that was agreeable to all parties. Mr. Glade summarized the history of the 1996 Memorandum of Agreement regarding Skagit River Basin Water Resources (MOA) and subsequent lawsuits. He said the amendment proposed by Evergreen Islands encouraged the city to take a proactive role in avoiding such lawsuits in the future and ensuring timely demand forecasting and infrastructure planning. Ms. Pickett recounted the city's history of working together with other agencies to manage the water resource. Brian Wetcher, 814 26th Street, representing Evergreen Islands, observed that economies and politics will revolve around water in the future. He said ten bills modifying state water law are before the Washington State legislature and lawsuits are sure to follow if they are enacted. Mr. Wetcher called for a positive policy clearly stating the city's philosophy and priorities in using the resource entrusted to it. He said the proposed amendment would give the city standing in future water agreements or possible litigation and would encourage cooperation in the water basin. He said it was time to clearly state a policy that had been tacit for some time. Andrea Doll, 1319 8th Street, said that the one important area not included in the 2016 Comprehensive Plan is a policy for the city's water resources. She read through and elaborated on elements of the proposed amendment and how it addresses cooperative local management of a changing resource. Ms. Doll emphasized that the time is now and urged Council to adopt the amendment without delay. Mr. Johnson and Mr. Walters both questioned how the amendment would change the city's current practice. Mr. Glade argued that the amendment would put Anacortes in a more proactive role. Mr. Walters asked Mr. Measamer about the timeline for adoption of the amendment if it were docketed. Mr. Measamer estimated six months. Mr. Walters asked about the timeline if the amendment were rolled into the 2016 Comprehensive Plan update. Mr. Measamer estimated eight months. He confirmed that the administrative cost of pursing the amendment would be lower in the latter case but that both Evergreen Islands and the Planning Commission had urged moving forward with docketing. Mr. Measamer outlined the various public hearings required for the docket. Anacortes City Council Study Session Minutes June 8, 2015 2 Mr. Adams asked about the parties in the SCCWSP. Public Works Director Fred Buckenmeyer responded that they include all of the water purveyors within Skagit County, the largest of which being Anacortes and Skagit PUD, the Departments of Fish and Wildlife and Ecology and other regulatory agencies. He said the Plan was last adopted in 2000 and the WAC requiring 6-year revisions was subsequently repealed so there is currently no statutory requirement to revise it. Ms. Lovelett said it was appropriate to have language in the city's planning documents regarding the city's role and responsibility as the major water supplier in the area. Mr. Johnson observed that the amendment, if docketed, would not be in effect before the end of the current legislative session and that the Comprehensive Plan update would be complete before the end of the next session. Ms. Pickett said if there was an urgent need to support the instream flow rule in the face of pending legislation the city could simply and quickly send a letter and then address the proposed amendment as part of the Comprehensive Plan update. Cynthia Richardson, 315 V Avenue, member of the Comprehensive Plan Community Advisory Committee, explained the timing of the Comp Plan draft and said having the proposed amendment docketed but not acted upon would leave it in limbo. She said it would make more sense to address the important topic raised by the amendment in the Comprehensive Plan update so it would be part of the coordinated document. Mr. Glade reiterated his request that Council move the amendment forward immediately. He said the language had already been worked out, the Planning Commission hearing had been scheduled and public notices had been sent out. Mr. Glade said this is the most important thing in the comprehensive plan and is the future of water which is vital to everyone in Skagit County. Mayor Gere said the topic would be on the agenda for the next regular City Council meeting on June 15, 2015. At approximately 8:40 p.m. Mayor Gere called a five minute break. At approximately 8:45 p.m. the mayor called meeting back to order. 2016 Comprehensive Plan Update -Alternative Land Use Concepts - Discussion and Public Comment Senior Planner Libby Grage invited Council to begin its discussion of the land use alternatives under consideration as part of the 2016 Comprehensive Plan update. She introduced a slide show which was added to the evening's Council packet. Ms. Grage pointed out the Alternative Land Use Concepts map and the recommendations document included in the packet. She briefly reviewed the public process that developed the alternatives currently before Council and asked for Council input on which alternatives or variations on them should be incorporated in the final draft plan. Mr. Measamer then began the review of the alternatives, describing the zone, the use proposal, the CAC and PC recommendations and a report of public comments received, and soliciting councilmember feedback on each alternative. Concept U: R1 Zone Ms. Pickett suggested that this and every residential zone have a maximum as well as a minimum lot size. Council agreed with staff that Alternative 1 is the same as the No Change alternative. Cynthia Richardson, CAC member, reminded that CAC and Planning Commission both reviewed and made recommendations about each Concept but that the Council could accept a listed alternative, modify one, reject all alternatives or come up with something entirely new. Mr. Walters supported Alternative 2 and said that"rural character" is not a proper value inside a city. Ms. Pickett and Ms. Lovelett disagreed. Mr. Measamer noted that existing infrastructure may not support greater density in that zone. Mr. Adams suggested that the R1 zone Anacortes City Council Study Session Minutes June 8, 2015 3 could be modified to allow smaller lots without requiring a PUD. Mr. Walters said that if greater density could be achieved elsewhere in the city he would be okay with leaving R1 at current density. Council agreed to revisit this Concept when the full Council was present. Concept A: R2 Zone Ms. Pickett and Mr. Johnson argued in support of Alternative 2. Mr. Adams supported the CAC recommendation. Mr. Walters urged removing the Conditional Use Process for duplexes in this zone. Ms. Richardson, CAC member, explained the rationale for the proposed 6000 SF lot size. Mr. Walters suggested removing duplexes altogether and stating the desired minimum lot size. Ms. Pickett reminded that allowing attached duplexes is more energy efficient. Mr. Wetcher encouraged eliminating conditional uses wherever possible. Concept B: R3 Zone (excluding Old Town) Mr. Wetcher asked whether, if lot sizes are reduced in this zone, the landscaping coverage would be reduced in absolute SF terms or to a smaller percentage of the lot. Mr. Measamer said that level of detail had not yet been addressed for the development standards. Mr. Walters and Mr. Adams supported Alternative 1. Mr. Johnson raised the possibility of allowing tiny houses in the R3 zone and suggested addressing that at the next session. Mayor Gere advised that the discussion of the remaining Concepts was scheduled to continue at the June 22, 2015 study session. There being no further business, at approximately 9:30 p.m. the Anacortes City Council study session of June 8, 2015 adjourned. Anacortes City Council Study Session Minutes June 8, 2015 4