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City Council Minutes—June 4, 2012
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
June 4, 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. Adams, that the minutes of May 21, 2012 and May 29, 2012 be
approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson, Geer and Johnson.
Motion carried.
Citizen Hearings
No one present wished to speak.
Mayor/Council Communication and Committee Reports
Mr. Turner commended a very successful if rainy Waterfront Festival over the weekend.
Mrs. Richardson commented that the open house at the Wastewater Treatment Plant on June 1 was
hugely enjoyed by the many young participants.
Mayor Maxwell announced that the city received a Community Partnership Award from the Port of
Anacortes on Friday night in recognition of its assistance with the Port's stormwater infrastructure.
Mrs. Richardson wished Mayor Maxwell a happy birthday.
Mr. Walters reported from the Planning Committee that it will meet the first and second Mondays of each
month at 5:00 p.m. at City Hall. He said the Committee is looking at all permitted and conditional uses in
each residential zone, arranging that information into a tabular format and reviewing it for consistency as
well as working on a definition for assisted living care facility. Mr. Walters said the three members of the
Planning Committee would like to place discussion of these topics with the whole Council on the agenda
for the June 11, 2012 study session. Mayor Maxwell said he would check the agenda for space available
and asked that proposed agenda items be submitted in writing.
Mr. Geer reported from the Public Works Committee that it had discussed the 3MG water tank at Blue
Heron Circle, the proposed basin mitigation plan, the Water Treatment Plant tie in shutdown and overall
improvement project progress, proposed parking zone changes around the Post Office, the Skagit County
transfer station upgrade, planned Safe Routes to Schools projects, and a potential 9th Street sidewalk
paver project.
Mrs. Pickett said she was among those attending the Envision Skagit 2060 meeting the previous week
and called it a very valuable project which produced a good document which is available on line.
Consent Agenda
Mr. Johnson asked to withdraw Item C, Street Fair Request, from the Consent Agenda. Mayor Maxwell
agreed.
Mr. Turner moved, seconded by Mr. Adams, to approve Items A and B on the Consent Agenda. 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 May 24, 2012 and May 31, 2012 are approved for payment as of June 4, 2012.
Anacortes City Council Minutes June 4, 2012 1
Claims
Check Numbers 64722 through 64846 in the total amount of $4,948,691.29
EFTs
Check Number 64721 in the total amount of$25.00
Prewritten Claims
Check Numbers 64719 through 64720 in the total amount of$1,462.56
Payroll for June 5, 2012 in the total amount of$865,194.37
Check Numbers 37216 through 37279 in the total amount of $43,479.83
Direct Deposit Numbers from 44625 through 44831 in the total amount of$621,248.77
EFT Numbers from 1421 through 1425 in the total amount of$200,465.77
In the same motion Council accepted as complete the Depot Site Plaza Phase 2 project (11-037-IDS-
003) by Strandberg Excavation and Commercial Construction, Inc.
Mr. Johnson asked if all the businesses that would be affected by the for Relay for Life street fair request
had been contacted since not all were listed on the application. Mr. Buckenmeyer said they had been. Mr.
Johnson moved, seconded by Mrs. Richardson, to approve the Street Fair Request for Paint the Town
Purple—a Relay for Life Event on June 8, 2012 from 5:00 p.m. to 7:00 p.m. Vote: Ayes—Adams, Turner,
Richardson, Geer, Johnson, Walters and Pickett. Motion carried.
Closed Record Review and Decision: Conditional Use Permit for Dog Training and Dog Daycare at
9119 Molly Lane
Assistant Planning Director Don Measamer presented Conditional Use Permit application
CUP-2012-0002 from Debbie Exley for Smarter Than Your Dog, a dog training and dog day care
business at 9119 Molly Lane, Suites B-101 and B-102. He said that at the open record public hearing
before the Planning Commission on May 9, 2012 the applicant and four members of the audience spoke
in favor of the application and no one spoke in opposition. Mr. Measamer advised that the Planning
Commission was concerned about the potential environmental impact of the proposed outdoor dog
elimination/waste area on the adjacent wetlands and buffers so the Commissioners added a condition to
address those concerns. Mr. Measamer added that the proposed use is not specifically listed as a
conditional use in the LM1 zone but is similar to a kennel, which is a listed conditional use in that zone,
and so is appropriately considered for a conditional use permit. He concluded that at its May 9, 2012
meeting the Planning Commission recommended approval of the permit and that staff had received no
subsequent appeals or comments. Mrs. Richardson called the proposed use a good choice for the site
and moved, seconded by Mr. Turner, to approve the conditional use permit subject to the recommended
conditions in the Planning Commission's Recommendation and direct staff to prepare City Council's
Findings of Fact, Conclusions of Law and Decision for Council review and approval. Vote: Ayes—Turner,
Richardson, Geer, Johnson, Walters, Pickett and Adams. Motion carried.
Council Establishment of the Docket for 2012 Comprehensive Plan and Development Regulation
Amendments
Planning Director Ryan Larsen opened the discussion to set the 2012 Docket for Comprehensive Plan
and Development Regulation amendments. He advised there were two proposed code amendments and
one proposed comprehensive plan amendment after a fourth proposal had been withdrawn by proponent
Evergreen Islands. Mr. Larsen said the Planning Commission held a public hearing on the docket on
April 25, 2012, and recommended moving all proposed amendments forward onto the docket. Mr. Larsen
asked that Council take separate action on each docket item and on the proposed docket schedule after
which staff would prepare a resolution for the Consent Agenda at the next regular City Council meeting
establishing the docket accordingly. Mr. Larsen underscored that moving to place an exhibit on the docket
Anacortes City Council Minutes June 4, 2012 2
neither approves or denies that proposed amendments on its merits, it simply moves the exhibit forward
for further consideration under the established process.
Mr. Larsen reviewed the proposed docket schedule and then summarize each of the three exhibits:
• Exhibit 1, submitted by Terry Christiansen, presents extensive proposed changes to AMC Title
17, some of which include exact language and some of which do not. Mr. Larsen said that given
Council's current review of Title 17 as part of the 2010 amendment cycle staff had recommended
to the Planning Commission that this exhibit not be placed on the docket but rather be referred to
the City Council Planning Committee for future action. He said the Planning Commission voted 3-
2 to move Exhibit 1 onto the docket.
• Exhibit 2, introduced by staff, proposes changes to pages 2 and 10 of the Comprehensive Plan to
correct dates and titles of documents incorporated by reference. He said the Planning
Commission voted 5-0 to move Exhibit 2 onto the docket.
• Exhibit 3, introduced by staff, proposes new regulations and definitions for AMC 17.06.077
addressing adult entertainment uses. He said the Planning Commission voted 5-0 to move
Exhibit 3 onto the docket.
Mrs. Richardson confirmed that Comprehensive Plan amendments can only happen once a year but that
development regulation amendments can happen more frequently than that and that exhibits which
propose development regulation amendments could be acted upon outside the annual docket process.
Councilmembers discussed Exhibit 1 and how the revisions proposed by Mr. Christiansen could most
suitably be addressed in light of other Title 17 revisions and code review already underway. Mr. Geer
moved, seconded by Mr. Johnson, not to place Exhibit 1 on the docket but to refer it to the City Council
Planning Committee. Vote: Ayes— Richardson, Geer, Johnson, Walters, Pickett, Adams and Turner.
Motion carried.
Regarding Exhibit 2, Mr. Walters recommended that this proposed comprehensive plan amendment not
go onto the docket. He said Council should first carefully review each of the referenced plans and policies
because they each become part of the Comprehensive Plan and any that are not strictly required to be
incorporated by reference should be removed from the list rather than updated. Mr. Walters moved to not
place Exhibit 2 on the docket. Mrs. Richardson seconded the motion for sake of discussion. She
suggested that Exhibit 2 be placed on the docket so that obviously out of date information can be updated
and that the review mentioned by Mr. Walters be part of the process of finalizing and adopting the
Comprehensive Plan amendment. She added that since the city can only adopt Comprehensive Plan
amendments once each year Council may want to adopt these changes later in the year in case any
other changes need to be incorporated in the same amendment. Mrs. Pickett called for the question.
Vote: Ayes—Walters. Nays - Geer, Johnson, Pickett, Adams, Turner and Richardson. Motion failed. Mr.
Geer moved, seconded by Mrs. Richardson, to move Exhibit 2 onto the 2012 docket. Vote: Ayes—
Johnson, Pickett, Adams, Turner, Richardson and Geer. Nays—Walters. Motion carried.
Regarding Exhibit 3, Mrs. Richardson stated that Council needed to act on this topic more expeditiously
than the 2012 docket schedule would allow. She moved, seconded by Mr. Walters, to not place Exhibit 3
on the 2012 docket but to consider the proposed ordinance in a timely manner. Vote: Ayes—Walters,
Pickett, Adams, Turner, Richardson, Geer and Johnson. Motion carried.
Mr. Larsen asked if the proposed docket schedule was generally acceptable. Councilmembers concurred.
There being no further business, at approximately 7:50 p.m. the regularly scheduled Anacortes City
Council meeting of June 4, 2012 was adjourned.
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