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Home My WebLink About2013-02-19 City Council Minutes Approved c,1 Y 0� cOR„ City Council Minutes—February 19, 2013 At 7:00 p.m. Mayor Pro Tern Erica Pickett called the regularly scheduled Anacortes City Council meeting of February 19, 2013 to order. The assembly recited the Pledge of Allegiance. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer. Minutes of Previous Meeting Mr. Johnson moved, seconded by Mr. Adams, to approve the minutes of February 11, 2013 as presented and to approve the minutes of February 4, 2013 as amended to include the following under Unfinished Business— Parliamentary Procedures: "Mr. Johnson referred to Table D: Table of Rules Relative to Motions on page 194 of Robert's Rules of Order Newly Revised, In Brief and noted that since Anacortes procedures vary from The Robert's standard, it would be advantageous to have a single table that summarizes the motions available to Anacortes City Councilmembers that reflect Anacortes procedures." Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried. Citizen Hearings Tom Glade, 210 Mansfield Court, speaking on behalf of Evergreen Islands, quoted RCW 35A.63.070, Comprehensive Plan — Notice and hearing. He then quoted from the City of Anacortes ordinance that adopted the 2011 Water System Plan and incorporated it into the City of Anacortes Comprehensive Plan. He then quoted from the Anacortes City Council minutes of March 5, 2012 reporting Mrs. Richardson's remarks about hearing requirements for the water system plan. Mr. Glade said his land use attorney advised that a hearing was required for the 2011 Water System Plan. Regarding the plan, Mr. Glade asked why the plan includes only 3.4MGD for future industrial use when the Tethys Water Service Agreement specifies the need for 5.5MGD. He also asked why on December 7, 2001 the city voluntarily relinquished 9.7MGD of supplemental water rights. He asked why the public is not being allowed to participate in water planning. Sandra Spargo, 1408 11th Street, quoted from a February 2, 2013 article in the Skagit Valley Herald regarding the UGA petition which reported comments attributed to Mrs. Richardson. Mrs. Spargo said she spoke with the editor and the reporter at the Herald and was told no one had called to make a correction to the quote so they assumed the article was correct. Mrs. Spargo said that neither before nor during the August 20, 2012 City Council meeting did the City Council discuss or generally agree on any Fidalgo Bay aquatic reserve acreage as an UGA petition option. She stated that citizens had no advance information on the 16.57 acres to be rezoned from LM1 to P including in the packet for that meeting. Mrs. Spargo said sneaking past citizens weakens the democratic process and public trust. Mayor/Council Communication and Committee Reports Mr. Adams reported from the City Council Parks and Recreation Committee which met earlier in the evening. He provided updates on the Conservation Easement Program and remaining acreage that could still be put into reserve; the Depot Plaza Phase III project and staffing for the Depot; the SHIP elevated boardwalk; the Guemes Channel Trail; the Heart Lake milfoil grant; the SR20 roundabout sculpture installation; Washington Park revenue and reservations; and recreation programs. Mr. Walters asked about signal lights for timing public testimony at upcoming public hearings. Mrs. Pickett advised that staff was working on installing the lights. Unfinished Business: Public Hearing: Ordinance 2902 -Adult Concessions Planning Director Ryan Larsen summarized the development of adult concessions regulations in Anacortes beginning with interim regulations enacted on June 18, 2012 and continuing with workshops and public hearings before the Planning Commission and City Council including the most recent round of revisions which were reviewed by Council at the January 28, 2013 study session. Mr. Larsen advised that the present meeting would serve as a final public hearing and opportunity for Council to resolve outstanding issues for the ordinance language. He said staff would bring a final version of the ordinance back to Council for action at the March 4, 2013 regular meeting. Anacortes City Council Minutes February 19, 2013 1 Mr. Larsen advised that outstanding issues requiring Council decision included setting the geographic limits for adult concessions retail establishments, final agreement on separation of use buffers, and whether an explicit prohibition of outdoor theatres should be added into the ordinance. At approximately 7:20 p.m. Mayor Pro Tem Pickett opened the public hearing on proposed Ordinance 2902. No one wishing to speak, the mayor pro tern closed the public hearing. Councilmembers discussed separation distances from adult entertainment establishments and whether 100 foot, 300 foot, or some other buffer was appropriate. Mr. Geer asked if different separation distances could be applied to different adjacent uses. Mr. Larsen said yes. Mr. Furlong advised that any such distinction should have a rational basis. Mr. Turner cautioned against setting separation distances that would be challenged in court or that would effectively so restrict available land for adult entertainment establishments that the entire ordinance could be invalidated. He said he favored 100 foot separation. Mrs. Richardson suggested 200 foot separation from uses where large numbers of children might be present such as schools, churches and parks and 100 feet in other locations. Mr. Adams agreed. Mr. Geer strongly advocated 300 foot separation particularly from parks and churches. Mr. Johnson said 300 foot separation would still allow plenty of areas to site adult entertainment facilities. Mr. Furlong suggested researching dimensional requirements with WCIA and MRSC before making a final decision. Councilmembers then discussed where retail establishments could be located. After considerable discussion, Mrs. Pickett queried councilmembers whether setting the northern boundary for adult retail establishments at 22nd Street was agreeable to all of them. Councilmembers concurred. Mr. Larsen confirmed with councilmembers that a new section 5.35.110.D should be added explicitly prohibiting outdoor adult motion picture theatres. Mr. Larsen said he would work with Mr. Furlong during the following week to research the separation of uses. Consent Agenda Mrs. Richardson moved, seconded by Mr. Johnson, to approve the following Consent Agenda items. Vote: Ayes—Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. 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 February 7, 2013 and February 14, 2013 are approved for payment as of February 19, 2013. Claims Check Numbers 67604 through 67767 in the total amount of$425,577.02 EFT Check Number 67603 in the total amount of$961.00 Payroll for February 5, 2013 in the total amount of$860,183.57 Check Numbers 37987 through 38042 in the total amount of$37,456.87 Direct Deposit Numbers from 47782 through 47984 in the total amount of$614,801.58 EFT Numbers from 1507 through 1511 in the total amount of$207,925.12 In the same motion Council: Accepted as complete the Fidalgo Bay Road Improvements Project (Contract 09-017-TRN-004, Faber Brothers Construction Corp.); Accepted as complete the I Avenue Reconstruction Project(Contract 12-033-TRN-001, Krieg Construction, Inc.); and Anacortes City Council Minutes February 19, 2013 2 Authorized the mayor to sign the Findings of Fact, Conclusions of Law and Decision for MJB Properties, LLC Shoreline Substantial Development Permit SDP-2012-004 and Conditional Use Permit application for Travel Lift Pier and Float Extension/Seaplane Moorage. Resolution 1860: Adopting Cost Allocation Plan for Department of Information Services Resolution 1861: Adopting Overhead Cost Accrual Plan for the Utility and Internal Service Funds Resolution 1859: Adopting Cost Allocation Plan for EMS and Fire Department Finance Director Steve Hoglund introduced three resolutions for Council consideration. He explained that the State Auditors had reviewed the City's current cost allocation methodology as outlined in the resolutions and did not take issue with it but recommended that the City Council adopt the methodologies by resolution. Mr. Hoglund added that the City's procedures are standard practice nationwide. Mr. Hoglund then reviewed the specifics of each resolution and answered questions from councilmembers regarding the allocations. He concluded that staff recommended adopting all three resolutions. Mrs. Richardson moved, seconded by Mr. Johnson, to approve Resolution 1859 adopting a Cost Allocation Plan for EMS and Fire Departments, Resolution 1860 adopting a Cost Allocation Plan for the Department of Information Services, and Resolution 1861 adopting an Overhead Cost Accrual Plan for the Utility and Internal Service Funds. Vote: Ayes—Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. Motion carried. Executive Session—Ten (10) Minutes At approximately 8:10 p.m. Mayor Pro Tem Pickett announced that City Council would convene in Executive Session for approximately ten minutes to discuss a collective bargaining agreement and would reconvene without further action. At approximately 8:25 p.m., without further action, the regularly scheduled Anacortes City Council meeting of February 19, 2013 was adjourned. Anacortes City Council Minutes February 19, 2013 3