HomeMy WebLinkAbout2012-08-20 City Council Minutes Approved t9 w
City Council Minutes—August 20, 2012
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
August 20, 2012 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad
Adams, Bill Turner, Cynthia Richardson and Brian Geer. Roll call was followed by the Pledge of
Allegiance.
Minutes of Previous Meeting
Mr. Geer moved, seconded by Mr. Johnson, that the minutes of August 6, 2012 and August 13, 2012 be
approved as if read. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer and Johnson. Nays—
Walters. Motion carried.
Citizen Hearings
No one present chose to speak.
Mayor/Council Communication and Committee Reports
Mayor Maxwell announced that a T loop system has been installed in the City Council chambers so those
with enabled hearing aids can use it.
Mayor Maxwell reported that during a recent car fire on SR20 a City of Anacortes sanitation worker, Chris
Graham, used his fire extinguisher to help control the fire. The mayor thanked Mr. Graham for
responding.
Mrs. Pickett reported on the recent ceremony at Dakota Creek Industries to authenticate the keels of the
next two ships to be built at the yard. She mentioned the dignitaries in attendance and described the
complicated research ships which are being built for the U.S. Navy but will be operated by the Scripps
and Woods Hole oceanographic research institutes. Mrs. Richardson added that a ship currently in for
repairs at Dakota Creek, the Thomas G. Thompson, was named after the father of the Tommy Thompson
who built the train in Anacortes.
Mr. Adams reported from the Parks and Recreation Committee that N Avenue Park parking
improvements are coming soon, Washington Park now has on line campground reservations and a boat
launch parking pay machine that takes credit cards, and the Guemes Channel Trail is being worked on by
many city departments to make it a reality. Mayor Maxwell added that state legislators viewed the trail
when they were in town Friday for a tour and that the city would be asking for an appropriation from the
legislature to finish the trail from New York Avenue to Lovric's.
Mr. Turner announced the Traffic Safety Committee meeting the following morning at 9 a.m. and invited
citizen comments to him or to city staff.
UNFINISHED BUSINESS
Public Comment: Urban Growth Area (UGA) Boundary Expansion
Mayor Maxwell explained the sign up sheet at the back of the room for those wishing to speak at the
meeting, advised that everyone would be given three minutes at the microphone and outlined the
procedures for public comment to allow everyone to have a chance to be heard.
Planning Director Ryan Larsen summarized the city's application to Skagit County to add 11.15 acres to
the city's UGA as discussed in detail at the Study Session on August 13, 2012. He explained that the
parcels in question are currently being evaluated by Tethys Enterprises, Inc. as a possible site for the
food and beverage manufacturing facility it wants to locate in Anacortes. Mr. Larsen added that the
Samish Indian Nation recently bought 15 acres of LM1-zoned property in the Anacortes UGA and is in the
process of converting that land to trust status which would eliminate the City's zoning control of that
acreage and diminish the amount of land available for industrial uses in the Anacortes UGA below that
Anacortes City Council Minutes August 20, 2012 1
allocated in the countywide planning policies. He then displayed a map showing 31.31 acres of LM1-
zoned land north of SR20 in the southern portion of the Fidalgo Bay Aquatic Reserve Area that is no
longer viable for LM1 use and could be converted to a land use designation that is more environmentally
appropriate. Mr. Larsen concluded that staff had prepared a resolution in support of the UGA expansion
application for Council discussion and consideration.
Mayor Maxwell then invited members of the public to speak in the order in which they signed up prior to
the meeting.
Stephanie Hamilton, 4412 Glasgow Way, remarked she had just helped move the Boys and Girls Club to
its temporary home in City Hall and said it is important to vote to expand the UGA to ensure that there is
an inventory of industrial land and jobs for the young people who are our future work force. She said the
city's application for UGA expansion makes complete sense and the land in question is literally
surrounded by industrial zoned property. Ms. Hamilton said the UGA expansion is not about whether
Tethys can locate here, it is about allowing property owners to change the zoning of their land to match
adjacent properties. She said if Tethys does eventually locate in the expanded UGA the city will be
blessed to grow its manufacturing base and urged proponents of job creation to help make that decision.
Kathy Larson, 8662 Southridge Place, said she moved to Anacortes in 1997 because Anacortes had the
best education in Skagit County for her children, education that is supported by two large refineries and
other large businesses. She said the UGA expansion proposal seems very appropriate and should have
been in the UGA originally. She cautioned against NIMBY's and BANANA's and said Anacortes needs
family living wage jobs. Ms. Larson said she had just toured the Pepsi bottling plant in Tumwater which
provides 400 family wage jobs there and is supported by that community. She urged councilmembers to
move the UGA application forward to the county to make that land viable for an Anacortes business.
Peggy Flynn, 2317 18th Street, urged Council to vote in favor of the UGA expansion. She said the added
industrial property will benefit the economic development and economic diversity of the community. She
reported that Envision 2060 discovered a dearth of industrial land in Skagit County, only 1800 acres, and
that Envision recommended seeking an additional 1600 acres. She said nearly 50% of Skagit County
residents leave the county to work and that keeping jobs in our community requires more industrial land.
Ms. Flynn also commented on the Tethys business plan, saying it calls for a food grade manufacturing
plant using cutting edge technologies. She said the Tethys goal is to create jobs by creating a center of
gravity and called it surprising that Anacortes would consider turning its back on the potential for 500 or
more jobs. She urged giving Tethys a chance to perform under its contract with the city.
Alex Taylor, 1907 Cedar Springs Lane, said he read in the Skagit Valley Herald that the mayor filed this
application without consulting Council and asked for clarification. He said he was glad Council would be
well aware of what's going on. He urged council to act based on the preferences of the people in the city
who elected them. Mayor Maxwell responded to Mr. Taylor's request that under his administrative
authority the County asked for his signature on the application, which he provided, and now the legislative
body is doing its work.
William Harpham, 1403 Portalis Court, said his concern is just who is Tethys. He said Tethys has no ties
to this area and is a vulture capital firm that wants to develop a property to make a lot of money. Mr.
Harpham said they want to sell the commons of the people, the river, without any respect to the local
citizens. He said if global warming reduces snow pack, there goes the Skagit water flow. He said he is
against selling off the commons that belong to the people so Tethys can make a huge amount of money.
Christie Betz, 1612 9t" Street, said she has numerous worries about the UGA expansion but her major
concern was we are on a slippery slope towards allowing a major bottling company to exist and produce
in our city. She agreed that we need more jobs but asked why do we want to encourage a business that
uses one of our most valuable and important natural resources and makes, sells and deposits into the
environment one of the worst ecological products of the 21 st century. She urged Council to deny the UGA
expansion and deny Tethys.
Anacortes City Council Minutes August 20, 2012 2
Don Wick, Executive Director of the Economic Development Association of Skagit County (EDASC),
spoke in favor of the project. He said Skagit County has 9.2% unemployment and 47%of the county work
force leaves the county daily to work. Mr. Wick said EDASC focuses almost exclusively on manufacturing
companies because manufacturing has the highest multiplier effect on local economies. He said EDASC
had prepared a feasibility study for the Tethys project which he was happy to provide. He said
manufacturing is central to jobs and a good standard of living. Mr. Wick said the GMA stipulates that most
population growth should take place in cities so it is incumbent on cities to make sure there is industrial
land to service that growth and provide a tax base. Mr. Wick said he is very impressed with Tethys and
the quality of jobs that will be created,jobs that can't be outsourced. He added that Tethys has always
been interested in making sure bottles are biodegradable and using green energy for internal systems.
Ted Gage, 5619 Harrison Avenue, said he spoke in favor of this not because he believes in a bottling
plant but because he believes in good long range planning. He said he has been a professional urban
planner for over 35 years including with the state GMA program. Mr. Gage said this expansion makes
sense for the simple reason that it provides an option for the future. Whether or not Tethys is the right
occupant for the site, having a chunk of industrial land to convert to a tax-generating source of jobs is
important. Mr. Gage urged Council to support the UGA expansion.
Meg Kershaw, 618 L Avenue, said Council should deny the resolution. First, she said, the government
has confounded and confused the issue of UGA expansion by complementing it with an overlay of a site
plan for the proposed Tethys plant. Second, she said the city felt no urgency to mitigate the reduction of
the UGA from the Samish land purchase four years ago. She said this can't be hurriedly resolved today.
Andrea Doll, 1319 8th Street, addressed the process: now or after the fact? She said city government
handles day to day issues without fanfare but other issues are momentous. Ms. Doll said signing a
contract to supply 5 MGD of water and helping secure land for what may be the largest bottling plant in
the nation is momentous and deserves and requires citizen education, participation, and a public nod of
approval. She said it is imperative that the public be involved in the process from the outset. She asked
Council to do what is necessary to ensure public support and even enthusiasm before proceeding.
Wilhelmus Houppermans, 3412 K Avenue, said it is not just jobs for the future that matter but also how
Council acts in the future. He said the memory care center decision drew appeals and this one will too.
He said in that case Council lumped all the appeals together and decided to deny them all. Mr.
Houppermans said that was not the right way to treat the efforts of the appellants. He urged Council to
consider each appeal individually. He then pointed out that in the past year the Anacortes added 42 acres
of new industrial land at Sharpe's Corner, with rail access, and asked why drag the Samish casino into
this discussion. He said at this meeting he learned that the south edge of Fidalgo Bay will be
industrialized, which is new to him. He said Council can't decide today, it needs to let the public speak
and absorb all the information, there is no hurry.
Matt Miller, 818 Haddon Road, referenced his letter supporting the mayor's role as chief executive of the
water plant to negotiate with potential large water customers and reiterated his support. He called on the
elected leaders of the city to act and said that actual industry is required to get our economy and our
community back on a steady footing. He asked what would happen without the good refinery jobs that
employ Anacortes residents and the financial support the refineries give to schools and community
organizations in addition to tax revenue. He recalled the bleak economic future in Anacortes before the
refineries and urged Council not to close the door on this small step towards a brighter future. He asked
councilmembers to vote yes to expand the UGA as proposed.
Patsy Martin, Executive Director of the Port of Skagit, echoed comments made by Don Wick and Peggy
Flynn. She said there is a dearth of industrial land in Skagit County and the county needs upwards of
1600 more acres of industrial land to provide jobs for future generations. She said the current UGA
expansion proposal makes sense. She stressed that we need land and infrastructure to provide jobs.
Liz Smith, 2020 41st Street, requested that Council look carefully at the application filed with the county to
be sure it is complete. Ms. Smith pointed out that the Carnell's ownership certification was not notarized
Anacortes City Council Minutes August 20, 2012 3
and the lot of record certification for Separovich's lot was not present. Ms. Smith also reviewed the
answers provided to Questions 7 and 12 in Section 3 of the application and suggested that the responses
do not address the questions or are so vague as not to be considered responsive.
Keith Rubin, 915 Haddon Road, said his family chose Anacortes 35 years ago because it offered good
jobs and good schools. He praised early Anacortes residents who planned for a working community. He
said Anacortes could turn into a retirement community but it's important to provide jobs for the next
generation. He encouraged Council to support the UGA expansion.
Mike Cook, 4117 Kingsway, encouraged Council not to proceed with approving the petition. He said he
would prefer not to develop a water plant but respects Council's interest in providing jobs and the mayor's
right to enter into contracts. He said he objects to the permit at this time because Anacortes has made a
bad deal. He said water will soon be one of the most precious resources on the planet and jobs pale in
comparison. He said Anacortes can develop its water on its own, without outside capital. He would prefer
that Council rethink the entire opportunity and make it an Anacortes City venture. He said if the plant is
going to be developed, he'd rather see Anacortes have the jobs and the profit as well.
Bill Dietrich, 11660 Marine Drive, said his objections are the same as they were a year ago because the
specificity of the project has not advanced. He said the UGA is premature because the city has not
demanded from Tethys a specific proposal nor done an independent economic and environmental review.
He said Tethys is not a bottling company but a middleman that wants to market its water right to other
beverage companies. He urged Council to slow down, demand Tethys provide a more complete
description of what they want to do, review it as a community and move forward in the future if that's what
the community wants to do. Mr. Dietrich said he is not anti-job but has a slightly different vision for the
future of Fidalgo Island, one that is not industrial-based but rather a more robust and recession-proof
economy with tourism and consulting as well.
Phyllis Dolph, 2320 26th Street, urged council to deny the UGA expansion for now because it is a means
to the end of having the Tethys or Nestle bottling plant built. Mrs. Dolph said Tethys is wrong for
Anacortes. She said there is no legal guarantee of jobs and reported that other cities have rejected
Tethys because of that. She said climate change is happening faster than scientists expected and water
supplies are decreasing as demand for water grows. Mrs. Dolph said the gargantuan amount of fossil fuel
going into plastic and transportation used by Tethys is immoral. She said we need to do all we can to
slow climate change but bottling plants speed it up. She said the huge plant at the entrance to Anacortes
would define the personality of Anacortes by its size, ugliness, and noisy trucks and rail cars. She asked
Council to deny the UGA expansion at least for now.
Hal Rooks deferred his three minutes to Dr. Ross Barnes and asked to speak in Dr. Barnes' slot later.
Mayor Maxwell said time could not be deferred.
Nick Petrish, 1907 9t" Street, said Anacortes has always been a working class town and used to stink of
salmon canneries and pulp and plywood mills, some of which were worker owned. He recalled his
grandfather's remark that the one thing that stinks the worst is unemployment. He said he is a working
class man himself, in favor of jobs. He agreed with an earlier speaker that if this thing is going to be built,
all of Anacortes should profit from the endeavor, it should be a community business. He said this is a
common, vital resource and he doesn't want a vulture capitalist company controlling Anacortes water. He
urged the community to find a way to control its destiny and the profits of this project. He said if that can't
be done, the project should not proceed at this time.
Tom Glade, 210 Mansfield Court, spoke on behalf of Evergreen Islands and the natural environment. He
said Anacortes is a small town in a small county and the Tethys plant is huge, oversized for what
Anacortes can handle. He displayed a site plan and said the plant footprint is too small for the storage the
plant would need, so would need more rail siding and the siding would extend out of the UGA into rural
marine industrial county land, maybe into rural reserve land. He noted the extension right into the lagoon
on Turners Bay that has just been restored with a sizable salmon recovery grant. Mr. Glade called this a
Anacortes City Council Minutes August 20, 2012 4
huge environmental impact. He encouraged Council to stop this thing and look for a more suitable thing to
go in this location.
Joan Cross, 708 South 4th Street, La Conner, spoke of her concerns about the volume of water and
length of contract. She asked what happens if glaciers start to dry up in the 50 years of the contract and
whether Anacortes would be committed to this contract over and above the other citizens of Skagit
County. She asked if La Conner's water prices will go up. She said it will take a lot of infrastructure to
move the product out of Anacortes. She inquired again how much will this cost residents of La Conner
and other Skagit County citizens.
Arlene French, 1411 8th Street, said she is a Board member for Evergreen Islands and agreed with
comments by Tom Glade, Phyllis Dolph and Nick Petrish. Ms. French said she appreciates our local
industries such as Dakota Creek, the rope company, and Trident, but none of these are the largest of
their type of plant in the country. She said she has a manufacturing background herself, is a member of
the Chamber, and supports jobs. She said what she objects to is not expanding the UGA, but that it is
designed specifically for a company that is inappropriate for our beautiful area.
Rick Haley, 1804 Lea Place, agreed Anacortes needs jobs and said UGA expansion in this area may be
appropriate but not in this case because it is specifically designed for Tethys. Mr. Haley said bottled water
is an unsustainable practice so before the 50-year contract is up Anacortes will be stuck with a red
herring. He urged Council to recall prior testimony on this question and reject the proposal.
Ross Barnes, 1004 7th Street, #202, applauded the mayor and Chamber of Commerce for seeking good
wage jobs. He said County code requires a UGA expansion application to include a viable, detailed
development proposal that is consistent with the applicable designation criteria. He said application Item
2c errs when it says the dogleg was an anomaly of the original UGA boundary. He said the original UGA
was bounded by Stevenson Road and the spot zone was created later. Dr. Barnes said the current
application makes the dog leg worse because it leaves the Turner's Bay western shoreline and the
estuary in county jurisdiction. He asked if anyone believed the county would allow filling the estuary to
build the rail storage and switching yard shown on the Tethys site plan. He said the application response
to Question 12 is inaccurate. He said the application does not meet contractual requirements for job
creation in Anacortes since the city/county boundary passes through the middle of the building and the
rail storage yard will be in the county in incompatible RMI and RR zones as well as critical estuarine
habitat and within shoreline jurisdiction. Dr. Barnes concluded that the application in no way facilitates or
supports the viability and the required detailed development proposal.
Kristi Hein, 3100 B Avenue, said she was deeply concerned that citizen objections were being trivialized
by councilmembers and said the well researched and thoughtful concerns voiced include water
privatization, plastic pollution, wasteful consumption of fossil fuel and its contribution to human-caused
climate change, transportation bottlenecks, and diversion from other potentially more positive economic
development. She recalled the boom and bust cycles in Anacortes history and said relying on resource
extraction industries is risky even when products meet a real and enduring need. Ms. Hein warned the
economic impact can be devastating when resources are depleted and market demands change. She
said the Tethys project is not the only option for job creation and tax revenue and questioned the number
of jobs created by bottling plants. She recommended The Great American Job Scam. She asked Council
to decide based on the best interests of the many not the enrichment of the few.
Steve Winter, Arlington, Washington, spoke on behalf of Tethys to address concerns about the plant. Mr.
Winter said he is not a vulture capitalist, he has only used his own capital for this project. He called the
Tethys project a personal quest to avoid outplacement of jobs to foreign countries. He said he wants to
bring jobs to the region that cannot be outsourced and that job creation is essential to the Tethys project.
Mr. Winter said his family is from Whatcom, Snohomish and Skagit counties and he has deep ties in and
is committed to the region. He said he shares concerns about the environmental impact of plastic bottles
and his view is that business needs to do everything it can to change that equation even if incrementally.
He said he is committed to eliminating unrecyclable plastic bottles but still provide products consumers
want and provide jobs. He reported the U.S. Bureau of Labor Statistics says beverage manufacturing jobs
Anacortes City Council Minutes August 20, 2012 5
average $40K per year. He added that it takes 14-18 jobs per manufacturing line and the planned plant
would have 45-60 manufacturing lines so there would be 500 jobs created even before the multiplier
effect which predicts 2.4 supporting jobs in the community for each direct job created. Mr. Winter said
Tethys wants to create jobs in a responsible way and listen to the community. He said it is popular to
assume the only motivation is profit and agreed Tethys hopes to make a profit but said he is willing to
invest in this community and the region and the environment. He said Tethys has not asked for tax breaks
and will pay for water and sewage system upgrades for the plant and make sure the plant doesn't
adversely impact the community. Mr. Winter concluded that Tethys wants to contribute and change the
environmental footprint of the industry.
At approximately 8:18 p.m. Mayor Maxell called a 10 minute break. At 8:30 p.m. the mayor called meeting
back to order.
Resolution: Supporting the Continued Skagit County Processing of a Proposed UGA Expansion
for the City of Anacortes
Mr. Adams said the extensive public testimony provided a lot to absorb and think about and he preferred
to continue the discussion at the next regular City Council meeting on Tuesday, September 4, 2012. Mr.
Johnson, Mr. Turner and Mr. Geer agreed. Mr. Walters said he would be comfortable continuing the
discussion at the study session the following week. Mr. Johnson moved, seconded by Mr. Turner, to
continue this two weeks hence to the next regular City Council meeting. Mr. Walters asked that a Tethys
representative be available to answer questions in the interim and at the September 4 meeting. Mrs.
Richardson suggested Council questions be directed to Mr. Larsen who could forward them to the
appropriate party to respond. Councilmembers and staff discussed the future opportunities for the public
to comment on and Council to deliberate on the Tethys project and the UGA expansion application. City
Attorney Brad Furlong reminded that if the property is added to the UGA the City would still have to adopt
comprehensive plan designation and development regulations before permitting could happen. He said
Council would have the authority and duty to make the rules for how the property would be used and that
process requires significant public comment. Mr. Walters added that annexation is also a separate
process. Mrs. Richardson said she was nervous that the current UGA expansion application leaves the
Turner's Bay estuary in the county and asked if the estuary could be included in the UGA so Anacortes
could set the rules for protecting it. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and
Walters. Motion carried.
Ordinance: Medical Marijuana Collective Garden Regulations
Assistant Planning Director Don Measamer presented a draft ordinance to regulate medical marijuana
collective gardens in the City of Anacortes. In response to councilmember questions at the August 4,
2012 meeting as to whether the Tommy Thompson trail would be considered a park and require
separation from collective gardens, Mr. Measamer presented a map displaying 100-foot and 300-foot
separation distances from the trail and from residential zones. He said the ordinance as drafted does not
require any separation from the trail or residences and specifically excludes the trail from separation
distances. Mr. Measamer summarized the terms of the ordinance.
Mr. Measamer reported that since the August 4, 2012 meeting he had spoken with WCIA about what
other jurisdictions are doing. He said most are adopting or extending moratoriums pending the results of
the decriminalization initiative on the November ballot and the upcoming legislative session. Mr.
Measamer said Council could choose to extend the existing moratorium in Anacortes and ask staff to
come back with an ordinance to do that on September 4 or move forward with the draft ordinance as
presented or revised.
Mr. Turner said he did not support extending the moratorium and stressed the need to provide a legal and
safe way for those who have prescriptions for medical marijuana to fill them. He urged Council to move
forward.
Mr. Geer asked if there is a risk of federal agents closing down a collective garden. Mr. Measamer said
there was no way to know. He said WCIA had reviewed the draft ordinance and said it was well crafted
but they also don't know what the federal government might do.
Anacortes City Council Minutes August 20, 2012 6
Mr. Walters suggested the city not create a licensing scheme, only a statutory scheme with conditions. He
said the most prudent course would be to push the moratorium out until after the elections in November.
Mrs. Pickett agreed with Mr. Walters.
Mrs. Richardson suggested amending the draft ordinance to require a 100-foot setback from residential
zones and the Tommy Thompson trail. Mr. Turner disagreed. Mr. Adams suggested moving forward since
state and federal legislation will continue to change and said he supported the buffer from residential
neighborhoods. Mr. Walters pointed out that patients who have a prescription for medical marijuana
already have the option of growing their own or designating a grower,just not of forming a collective
garden. He said he did not support the ordinance as presented. Mr. Johnson echoed Mr. Turner's
comments and said sick or elderly patients will be helped by collective gardens and the draft ordinance is
a good way to start. Mrs. Richardson asked Chief Bowers to comment on requiring setbacks from the
Tommy Thompson trail. Chief Bowers said the security provisions in the draft ordinance are sufficient
without a setback from the trail.
Mrs. Richardson suggested that on page 2 of the draft, the definition of Collective Member be changed to
read, "collective member is a qualifying patient with membership in a collective garden".
Mr. Johnson moved, seconded by Mr. Turner, to adopt the draft ordinance with the revised definition of
Collective Member. Mr. Adams asked if the motion included a residential buffer. Mr. Measamer said no.
Mrs. Richardson asked that the third item on the third page be revised to remove duplication of the
opening phrase.
Mrs. Richardson moved to amend the motion to require a 100-foot buffer from residential zones. Mr.
Furlong reminded that there was a motion on the floor. Mrs. Richardson withdrew her motion, Mr. Turner
withdrew his second for the original motion, and Mr. Johnson withdrew his original motion.
Mr. Johnson moved, seconded by Mr. Turner, to adopt, with the addition of 100-foot residential setbacks
and the two wording changes requested by Mrs. Richardson, Ordinance 2888 regulating Medical
Cannabis Collective Gardens; Adding New Definitions to Chapter 17.06 and Renumbering; Adding a
New Section 17.64.050 Providing for the Regulation of Collective Gardens, Requiring Separation and
Security; Amending Section 17.19.020 and 17.16.020 to Restrict the Location of Collective Gardens
Within the Light Manufacturing (LM 1) Use Zone and Industrial (I) Use Zone; Adding a New Chapter 5.50
to be Entitled "Collective Garden Safety Licenses" and Regulating the Location and Other Attributes of
Collective Gardens; Repealing the Moratorium Established by Ordinance 2861 and Ordinance 2873;
Providing for Severability and an Effective Date.
Councilmembers, Mr. Measamer and Mr. Furlong further discussed federal regulations and the question
of licensing. Mr. Walters moved to amend the motion to remove the reference to a safety license. The
motion died for lack of a second. Mr. Geer called for question. Vote: Ayes—Adams, Turner, Richardson,
Geer, Johnson and Pickett. Nays - Walters. Motion carried.
Council Discussion on Proposed New AMC Title 19, Options A and B— Use of a Hearing Examiner
Mr. Johnson reminded Council of his questions at the last meeting regarding the role of the Planning
Commission in a neighborhood-focused planning effort for expected growth, if the commissioners could
do that while still carrying out their current quasi-judicial duties, and commissioner willingness and interest
in pursuing more training. Planning Commissioners present at the meeting then shared their thoughts
with the Council.
Commissioner Laurie Gere, 2019 41st Street, said she has served on the Planning Commission for 19
years and it has served Anacortes well for decades. She said the current model fits the culture in the
community and commissioners always come to a balanced decision after a thoughtful collaborative
process. She said additional training in some areas would be good and a more collaborative role with
Council would also help.
Anacortes City Council Minutes August 20, 2012 7
Commissioner Lin Folsom, 1903 9th Street, said she has served on the Planning Commission for almost
11 years and it's done a fine job. She said the commission hasn't planned anything but it's reviewed a lot
of applications. After listening to the comments at the meeting she suggested the city needs to know the
direction it wants to head in the next fifty years. She said the Planning Commission can plan for the future
as well as looking at the zoning and shoreline codes and making them consistent. Ms. Folsom said
additional training is an excellent idea and suggested including councilmembers in that.
Commissioner Bertis Rasco, reminded that Anacortes is an island so can't expand geographically so it is
important to know what its capacity is. Mr. Rasco said he has done more administration than planning
during his time on the commission and that it is time to start planning. He endorsed the idea of more
training. He said that a hearing examiner could apply state laws but that would become domineering. He
said he'd like to see the council concentrate more on planning.
Planning Commissioner John Archibald, 3001 Meridian Court, said he is the newest Planning
Commissioner. He said the biggest reason for looking at a hearing examiner is for quasi-judicial
decisions. He said those should be made by a hearing examiner to take emotion and ego out of it and
base the decision on facts.
Planning Commissioner Marty Laumbattus said he has been on the commission since 2004. He said it
can be a daunting position for someone without formal training in planning. He said Anacortes is changing
and its economic base changing. He said Anacortes is very near to being built out so with respect to
increased population, all it can do is increase density. He said the Planning Commission would certainly
be willing to look at neighborhoods and zoning and explore how to do that. Regarding a hearing
examiner, Mr. Laumbattus said that wouldn't be the end of the world but there are some decisions that
should be made by elected officials so if citizens don't like those decisions they can change those
officials.
Mr. Geer said he was scared by opportunities for the public to influence elected officials. He said he didn't
favor a test period, he wants to move forward with a hearing examiner or else decide to stay with the City
Council making decisions. Mr. Walters pointed out that Option A as written puts City Council in the role of
hearing appeals and asked if that's really what Council wants. Mr. Turner said the community has the
right to get what it thinks will work the best and that he had heard more testimony in favor of the current
system so he would vote to leave it the way it is. Mrs. Pickett said Anacortes has been lucky so far but
statistically it is on the wrong side of the line without a professional to at least make the Findings of Fact.
She said a hearing examiner would reduce the number of contact points and the cost of packets from
fourteen to one. She said the memory care center hearing got out of hand and the chair was ignored, that
democracy depends on no one being intimidated while expressing an opinion, and that if the current
system can't guarantee that we need some professional help. Mr. Adams said he likes the current
process, people have told Council they like it, and that he was elected to represent citizens so that's what
he favored doing. Mrs. Richardson clarified that if Council voted in favor of Option A or B, semi-final
language for that option would come back to Council for final revisions and decisions on outstanding
points before moving on to legal counsel for review. Mr. Walters proposed to select Option B, move it
forward for revised language and discuss it further at a future meeting. Mr. Johnson stated that the City
code is open to interpretations so it is worth having a panel of seven wise decision makers and perhaps
revisiting the hearing examiner option after the City tightens up its code. He said he supports the retaining
the present system, getting additional training for Planning Commissioners and City Councilmembers,
and using the talents of the Planning Commissioners to do more proactive planning.
Mrs. Richardson moved, seconded by Mr. Adams, to move Option B forward for final revisions and legal
review. Vote: Ayes—Turner, Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion carried.
Consent Agenda
Mr. Johnson moved, seconded by Mr. Geer, to approve the following Consent Agenda items. Vote: Ayes
— Richardson, Geer, Johnson, Walters, Pickett, Adams and Turner. Motion carried.
Approval of Vouchers/Cancellation of Checks
Anacortes City Council Minutes August 20, 2012 8
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 August 9, 2012 and August 16, 2012 are approved for payment as of August 20, 2012.
Claims
Check Numbers 65582 through 65747 in the total amount of$4,287,617.70
EFTs
Check Numbers 65572 through 65581 in the total amount of$3,110.00
Prewritten Claims
Check Numbers 65569 through 65571 in the total amount of $191,510.48
Payroll for August 20, 2012 in the total amount of $579,968.86
Check Numbers 37502 through 37544 in the total amount of $34,502.08
Direct Deposit Numbers from 45631 through 45820 in the total amount of$353,139.74
EFT Numbers from 1448 through 1452 in the total amount of$192,327.04
Cancelled Checks
Check Number 65448 in the total amount of$200.00
In the same motion Council adopted Resolution 1847 entering Findings of Fact and reaffirming
Ordinance 2881 concerning interim regulations for adult concessions and adopting a work plan.
Executive Session (15 Minutes)
At approximately 9:58 p.m. Mayor Maxwell announced that the Mayor, Council and City Attorney would
convene in Executive Session to discuss potential litigation for approximately fifteen minutes and would
reconvene by approximately 10:15 p.m. without taking action. At approximately 10:12 p.m. Council
reconvened and there being no further business the regularly scheduled Anacortes City Council meeting
of August 20, 2012 adjourned.
Anacortes City Council Minutes August 20, 2012 9