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HomeMy WebLinkAbout2012-07-02 City Council Minutes Approved GST Y Off' cogs City Council Minutes—July 2, 2012 Special Meeting: From approximately 5:00 p.m. to approximately 5:18 p.m. the City Council conducted a site visit regarding Jacob's Meadow Preliminary Plat and Planned Unit Development, meeting at the north end of the project site at D Avenue and 29th Street. City Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Cynthia Richardson and Brian Geer were present. No testimony and no action were taken. At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of July 2, 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. Johnson moved, seconded by Mr. Adams, that the minutes of June 18, 2012 and June 25, 2012 be approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried. Mrs. Richardson abstained from voting on the minutes of June 25, 2012 because she was not present at that meeting. Citizen Hearings Sharene Elander, 1406 8th Street, commended the recent City Council study session on collective gardens and said the presentation was very informative. Mrs. Elander suggested that Planning Commission meeting minutes be made part of the City Council packets. Sandra Spargo, 1408 11th Street, referenced a discussion at the City Council retreat last winter regarding citizens commenting on non-agenda items. She said the people of Anacortes would appreciate being able to do so. Ms. Spargo said four neighboring towns do allow citizen public comments on non-agenda items. She requested that City Council put it to a vote. Karen Hall, 4218 Glasgow Way, representing Free Speech for People, said her group will be circulating petitions. Ms. Hall said the group is a national non-partisan campaign seeking to restore democracy to the people and ensure people not corporations govern in America. Manor/Council Communication and Committee Reports Mayor Maxwell announced his appointments of Lanny Bergner and Terry MacDonald to the Anacortes Arts Commission. He thanked all those who serve on the Arts Commission. Mayor Maxwell announced his reappointment of John Gronholt to the Civil Service Commission and his appointment of Vicki Stasch as an alternate to that commission. The mayor advised that one alternate position is still open and invited prospective appointees to submit a letter of interest. Mayor Maxwell invited the public to the 4th of July festivities including the public fireworks display and reminded that private fireworks are illegal in the city limits. Mrs. Richardson announced the Port/City Liaison Committee meeting on Tuesday, July 3, 2012 at 8:30 a.m. at the Port of Anacortes offices. Mr. Walters reported that he recently attended the Association of Washington Cities conference in Vancouver, Washington and said the sessions were very useful and timely. He announced that the AWC Center for Quality Communities gave out four scholarships including one to student Mason Cole from Anacortes. Mr. Walters commended Mr. Cole on the award. Anacortes City Council Minutes July 2, 2012 1 Mr. Geer reported that the Sister Cities golf tournament had a record year and that the Anacortes Improv Group had scheduled a fundraising performance at Brodniak Hall on July 20 for the Sister Cities exchange program to Japan. Mr. Adams announced that the Anacortes Farmer's Market is open on Wednesday evenings from 4 p.m. to 7 p.m. through the summer but would hold a special market on July 4t"from 1 p.m. to 4 p.m. Unfinished Business: Ordinance: Water Revenue Bond Acting Deputy City Clerk-Treasurer Philip Steffen presented the final ordinance authorizing issuance of up to $13M of revenue bonds to fund the completion of the Water Treatment Plant improvement project. He introduced Susan Musselman of SDM Advisers, the City's financial advisor for the bond issue. Ms. Musselman explained the final information that had been added to the ordinance since it was initially introduced at the City Council study session in June. She reviewed Section 4 of the bond which delegates to the mayor authority to approve the final terms of the bonds within the parameters listed in that section. Mr. Adams asked when the bond sale would occur. Ms. Musselman said August or early September depending on market conditions. Mrs. Richardson moved, seconded by Mrs. Pickett, to adopt Ordinance 2882 providing for the issuance of not to exceed $13,000,000 aggregate principal amount of Utility System Revenue Bonds, 2012, of the City to provide the funds with which to (i) pay part of the cost of carrying out a plan of additions relating to the water treatment plant and other water system facilities, (ii) make a deposit into the Reserve Account, and (iii) to pay the costs of issuance of the bonds; fixing or setting parameters with respect to certain terms of the bonds; appointing the Mayor as the City's designated representative to approve the final terms of the sale and issuance of the bonds; providing that the bonds will be issued on a parity with certain outstanding utility revenue bonds of the City; authorizing the sale and providing for the delivery of such bonds to Piper Jaffray& Co. of Seattle, Washington; and providing for matters relating thereto. Mr. Walters asked if the bond proceeds would be used only for the Water Treatment Plant project. Ms. Musselman said yes. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, Johnson and Walters. Motion carried. Consent Agenda Mr. Adams moved, seconded by Mr. Geer, to approve the following Consent Agenda items. Vote: Ayes— Adams, Turner, Richardson, Geer, Johnson, Walters and Pickett. 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 June 21, 2012 and June 28, 2012 are approved for payment as of July 2, 2012. Claims Check Numbers 65021 through 65180 in the total amount of $719,460.37 EFTs Check Numbers 65019 through 65020 in the total amount of$506.53 Prewritten Claims Check Number 65018 in the total amount of$1,105.75 Payroll for June 20, 2012 in the total amount of $572,927.81 Check Numbers 37280 through 37317 in the total amount of $30,372.68 Direct Deposit Numbers from 44832 through 45019 in the total amount of$351,979.62 EFT Numbers from 1426 through 1430 in the total amount of$190,575.51 Cancelled Checks Check Number 64555 in the amount of$153.60 Anacortes City Council Minutes July 2, 2012 2 Resolution: Authorize RFP for Mobile Fire Training Facility Fire Chief Richard Curtis requested authority to issue a Request for Proposals for a Mobile Live Fire Training System. He advised that the city won a grant of $212,192 for this project and summarized other grants the Fire Department has won in recent years. Chief Curtis explained the benefits of acquiring the facility and the disadvantages of standard bidding when the amount of the grant has already made public. He said procurement via RFP would provide a better value to the City. Chief Curtis said the department would like to advertise for two weeks, evaluate proposals on July 17, then come back to City Council on July 23, 2012 to request approval of a contract with the successful proponent in order to have the facility installed by end of the year. Mr. Turner asked if other fire departments in the valley will use the facility. Chief Curtis said yes, it will be available to other departments in the county which will allow Anacortes to recoup some of its costs. Mr. Geer moved, seconded by Mr. Turner, to approve Resolution 1844 declaring that the purchase of a Live-Fire Training Mobile Facility creates a purchase requirement subject to the "Special Facilities"exemption defined under RCW 39.04.280 (1)(b) and authorizing competitive negotiations under a Request for Proposal Process. Vote: Ayes—Turner, Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion carried. Chief Curtis announced that the EMS levy will be Proposition 1 on the August 8 ballot and underscored how important this funding is for continued emergency medical and fire protection service. He invited the public to a Public Information Meeting on July 19, 2012 at 6:30 p.m. at the Senior Activity Center. Closed Record Hearing and Appeal: Jacob's Meadow PUD/Preliminary Plat (Re-plat) for 15 Single-Family Residential Units Mr. Adams disclosed that he lives within 300 feet of the proposed development. He said he planned to act objectively in the matter but said he would recuse himself if anyone objected. No objections were raised. Planning Director Ryan Larsen introduced an application from the Jeter Family Trust and Russ Jeter for a preliminary Planned Unit Development (PUD) approval and preliminary subdivision (re-plat) approval together with right-of-way vacations and dedications for a 15-unit, single family development on approximately 2.21 acres in the R2 zone on the east side of D Avenue between 29th and 31st Streets, a development referred to as Jacob's Meadow. Mr. Larsen displayed an aerial photo of the area and a site plan for the project. He pointed out the proposed one-way internal public road intersecting D Avenue at 29th Street and 31st Street which would be built at a reduced standard with 20 feet of pavement plus a five-foot sidewalk; he said this design was supported by the Public Works Department during preliminary review by the Planning Commission. Mr. Larsen pointed out the 20-foot wide separate tract for utilities and ingress and egress to the parcel owned by George and Sue Mehler directly to the east of the project. Mr. Larsen said the application requests vacation of unopened street and alley right-of-ways in return for dedicating the new internal public road and some cash payment. Mr. Larsen described other provisions of the planned development including storm and surface water management, 16,000 SF of open space for two pocket parks, the landscaping plan and the tree preservation plan. Mr. Larsen concluded that the Planning Commission recommended approval of the application subject to recommended conditions. Mr. Larsen reported that the City had received a timely appeal from George and Sue Mehler of the Planning Commission recommendation. The appeal was included as Exhibit 36 in the Council packet. He said the appeal asked for reconsideration of Condition 13 regarding fences and requested new conditions 23a changing the internal road from one-way to two-way and 23b relocating the proposed access and utility easement. Public Works Director Fred Buckenmeyer reported that in response to a request from the Planning Commission, Engineering Department staff reviewed the traffic pattern and access easement. He said staff recommends changing to a two-way street with no changes to design or construction. This is because anticipated improvements to the intersection of 32nd Street and D Avenue might interfere with egress from the project if the only egress were at 31st Street. Regarding access to the Mehler property, Mr. Buckenmeyer said there was no reason not to line that easement up with the 31st Street right of way as requested by the Mehler appeal. Anacortes City Council Minutes July 2, 2012 3 Mr. Larsen asked Council to deliberate and render a decision on the appeal, then deliberate and render a decision on the merits of the project including the street vacation. Attorney Gary Jones, Jones & Smith, 415 Pine Street in Mt. Vernon, spoke on behalf of appellants George and Sue Mehler. He referred to the appeal presentation in the Council packet. Mr. Jones said the appellants recommend two-way traffic to calm speed and provide safer ingress and egress at D Avenue. Regarding the access easement to the Mehler property, Mr. Jones suggested that direct access from 31 st Street would facilitate wildlife movement to the Mehler's conservation easement as well as human access to the developable site on their property. Mr. Jones said the appeal is not hostile to the Jacob's Meadow development but requested two minor adjustments that would improve the project. Regarding Condition 13, Mr. Jones said the appellant suggested something more enclosing than split rail to allow the future occupants of Jacob's Meadow to keep their pets in their yards. Mike Underwood, 1005 4th Street, spoke representing the applicant. He said the applicant had no objection to any of the items in the appeal. Mr. Underwood did ask Council to consider that a one-way street is more in tune with low impact development. Council deliberated and discussed with staff the conditions raised in the appeal. Mrs. Richardson moved, seconded by Mr. Walters, to approve the first item of the Mehler appeal regarding Condition 13 and deny the second two items of the Mehler appeal regarding new Conditions 23a and 23b. Vote: Ayes— Richardson and Turner. Nays - Geer, Johnson, Walters, Pickett and Adams. Motion failed. Mr. Geer moved, seconded by Mrs. Richardson, to deny the Mehler appeal. Vote: Ayes—Geer, Johnson, Walters, Pickett, Adams, Turner and Richardson. Motion carried. Council continued discussion of one-way vs. two-way traffic in the proposed development, the location of the easement to the Mehler property, street widths, Condition 11, tree preservation and the street vacation. Mrs. Richardson moved, seconded by Mrs. Pickett, to approve the Jacob's Meadow preliminary PUD and preliminary subdivision (re-plat) subject to the recommended conditions in the Planning Commission's Recommendation with three modifications to the conditions: 1. Condition 13, change the split rail fence to a solid fence 2. The 20-foot access to the Mehler property be relocated somewhere within the former 31st Street right-of-way at a location agreed upon by the applicant and the appellant 3. The direction of the traffic on the street be changed to two-way and Condition 9 be revised accordingly Upon questioning by Mr. Walters, the mayor clarified that the intent of changing Condition 13 to require solid fence is that wildlife access will still be facilitated at specific locations but not through the backyards of Jacob's Meadow residents. Upon questioning by Mr. Geer, Mrs. Richardson clarified that the intent of her motion was that the street dimensions would not change from what is shown on the face of the plat. Vote: Ayes—Johnson, Walters, Pickett, Adams, Turner, Richardson and Geer. Motion carried. At approximately 8:16 p.m. Mayor Maxwell called a ten minute recess. At approximately 8:25 p.m. the mayor called the meeting back to order. Public Comment: 2010 Development Regulations, Titles 16, 17 and 18 and Proposed New Title 19, Options A and B Planning Director Ryan Larsen invited Council to take public comment on and then discuss Titles 16, 17 and 18 and proposed New Title 19, Options A and B. Mayor Maxwell opened the floor to public comment, offering each person three minutes to speak. Anacortes City Council Minutes July 2, 2012 4 Marilyn Wells Derig, 1302 K Avenue, referenced her sister's comments in the Council packet and read her own. Mrs. Derig said she has ongoing concerns with Chapter 17.46. She said changing to a hearing examiner system would be a premature and costly move. She said after lengthy study and testimony the Planning Commission voted unanimously against moving to a hearing examiner system. Mrs. Derig quoted concerns about the cost of a hearing examiner. She urged Council to continue reworking the City's development codes before considering a hearing examiner and thanked those presently involved in that process. Hal Rooks, 1219 10th Street, said the hearing examiner question would be less controversial after the absolutely necessary step of undertaking a major scrub of the land use portions of the municipal code to remove ambiguities. Mr. Rooks spoke about Administrative Approvals Without Notice in Title 19.50.010. He suggested cross-referencing the topics listed in this chapter with the relevant code. He urged Council to address how the public including adjoining property owners is supposed to learn about decisions the Planning Director can make that don't require public notice. He gave examples of types of decisions that could significantly impact surrounding property owners and their property values and asked how affected parties will learn of decisions in time to become a party of record and file an appeal. Rick Haley, 1804 Lea Place, urged council to reject the hearing examiner system. He said public input outweighs the technical and bureaucratic considerations. Mr. Haley said the current Planning Commission offers neighbors a great chance to be involved in the planning of their neighborhoods and asked Council to retain it. Gene Derig, 1302 K Avenue, read prepared comments from Anka Kolega's who could not be present. Ms. Kolega wrote that she left her country because it was a communist system and she came to a country where people's voices matter. She asked why fix something that is not broken, said the Planning Commission has done a great job and said she saw no reason for a hearing examiner. Mr. Derig then presented his own comments: He said city codes appeared to work in a past era but no longer do. He said the city needs to have better codes, not to cover the code defects by funding yet another position. Mr. Derig said hearing examiner positions take the human impact out of land use decisions and cautioned against having a hearing examiner working with the same set of confusing codes. Mr. Derig said the Planning Commission voted against changing to a hearing examiner and he asked Council to do the same and to trust the code revision process already begun. Richard Storwick, 1510 9th Street, quoted Congressman Dicks that strong communities foster a strong democracy and added that strong democracy also fosters strong communities. Mr. Storwick said that a hearing examiner is the antithesis of democracy. He asked Council to retain the current democratic process already enjoyed in Anacortes and reject the hearing examiner in favor of the Planning Commission which has served so well for so long. Mark Backlund, 3151 Biz Point Road, observed that the public discussion that was part of the prior agenda item would not happen with a hearing examiner. He said the proposed change to a hearing examiner is about risk management and efficiency. Dr. Backlund said that a hearing examiner supposedly applies the law but that laws are always subject to interpretation. He said there are other ways to manage risk than hiring a hearing examiner, including relying more heavily on the city attorney or other land use counsel and providing more land use training to councilmembers. Vernon Lauridsen, 2219 32nd Street, addressed Administrative Interpretations in Chapter 19.50.010. He said the proposal requires Administrative Interpretations without notice. Mr. Lauridsen said code interpretations should be moved to Section 19.50.020 so they require notice. He said that under the proposed code, the extensive discussion of definitions in the recent memory care facility decision could all have occurred as an administrative interpretation without public notice or participation. Mr. Lauridsen also noted that the Council packet did not include the Planning Commission meeting minutes from the January 11, 2012 meeting at which the Commission voted for Option B. He said those should be included in the Council packet and be dealt with. Anacortes City Council Minutes July 2, 2012 5 Tom Glade, 210 Mansfield Court, spoke on behalf of Evergreen Islands. He said while working with the Skagit County hearing examiner Evergreen Islands has experienced most of the commonly listed disadvantages of a hearing examiner including increased costs to the city and the parties, lack of accountability to voters, loss of Planning Commission's diverse views, incomplete understanding of community values and history, and institutional bias. Mr. Glade said Evergreen Islands is especially concerned about the insurmountable financial obstacle to public participation that would result from instituting a hearing examiner and cited an example from a Skagit County matter. He urged Council to adopt the unanimous Planning Commission recommendation to reject the hearing examiner to level the playing field. Julie White, 3708 West 12th Street, opposed adopting a hearing examiner. Ms. White said she has attended Skagit County hearing examiner appeal proceedings and said such appeals require vigorous, expensive legal representation which most Anacortes residents can't afford. She said local government should embrace democracy and public participation by all its citizens. She said real democracy is an evolving process that requires many voices and points of view, is not top down, and shares power. Richard Bergner, 15515 Yokeko Drive, added his voice to the comments opposing a hearing examiner approach. He said it would be at the expense of citizen participation. Brian Wetcher, 814 26th Street, recalled that developing the Conservation Easement Program took six years and said it might have been a more onerous process under a hearing examiner system. He acknowledged the appeals process is a liability to the city's insurer but said that's the human liability of human decisions. Mr. Wetcher said that clear codes and fair enforcement will eliminate the need for a hearing officer. He said based on his experience with Skagit County the hearing examiner adds cost. He said the city won't avoid litigation by having a hearing examiner, it just winnows out the underfunded and less than tenacious appellants. Mr. Wetcher urged Council to clean up the codes instead and make the hard decisions. Corinne Salcedo, 4303 Kingsway, said a hearing examiner means less democracy and less public participation. She said it would mean too much power in the hands of one person. Patti Pattee, 1302 6th Street, spoke against adopting a hearing examiner. She said Anacortes has an interested, active, well educated public. She said the current process feels democratic. Ms. Pattee said when we listen to other people we can think and see in new ways. She said Anacortes has a democratic system now and encouraged Council to keep it that way. Virginia Heiner, 804 K Avenue, said she was flabbergasted by a recent Seattle Times editorial about a city that had rescinded its bike helmet law on the advice of WCIA. Mrs. Heiner said WCIA is recommending that the city adopt a hearing examiner to avoid potential lawsuits. She said the city needs to consider the expense. She said the Planning Commission is made up of local citizens who discuss matters thoroughly and she urged Council to keep them, not change to a hearing examiner. Mr. Adams asked what the next steps would be for the 2010 Development Regulation amendments and when a decision would be made between Title 19 Option A and Option B. Mr. Geer asked for one more study session to review the evening's testimony before making a decision at a future regular meeting. Other councilmembers agreed. Mayor Maxwell said staff would find a study session date and provide notice to the public. Executive Session (10 Minutes) At approximately 9:10 p.m. City Attorney Brad Furlong 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 9:25 p.m. without taking action. At approximately 9:20 p.m. Council reconvened and there being no further business the regularly scheduled Anacortes City Council meeting of July 2, 2012 was adjourned. Anacortes City Council Minutes July 2, 2012 6