HomeMy WebLinkAbout2011-06-27 City Council Minutes Approved OSS Y Off'
411112,41
City Council Study Session Minutes—June 27, 2011
At 7:30 p.m. Mayor Maxwell called the regularly scheduled Anacortes City Council study session of
June 27, 2011 to order. Eric Johnson, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner and Brian Geer
were present. Cynthia Richardson was excused.
Finance Update
Finance Director Steve Hoglund provided a finance update for the first five months (42%) of the year. Mr.
Hoglund reviewed year to date sales tax revenue which is currently 9.1% ahead of the same time the
previous year largely due to several large construction projects. He said Real Estate Excise Tax (REET)
revenue has been declining for several years and year to date is down 46%from the same point in 2010
which experienced a boost from the first time home buyer tax credit. Mr. Hoglund said Impact Fees are
down 23% year to date from last year.
Mr. Hoglund then reviewed General Fund revenues and expenditures year to date compared to the
budget. Revenue from taxes, licenses and permits, intergovernmental revenues and fines and forfeits are
all slightly ahead of projections. Charges for goods and services are behind due to the timing of internal
overhead charges from the utility funds. Miscellaneous revenue is down due to recent changes in the way
the General Fund recoups the benefits cost for employees who are paid out of other funds. Mr. Hoglund
added that this will be addressed by an upcoming budget amendment. Turning to expenditures, Mr.
Hoglund said nothing exceptional stands out. He pointed out some expense items that are typically
incurred early in the year rather than evenly spaced over the course of the year so some categories show
expenditures at more than 42% year to date.
Mr. Hoglund then briefly reviewed the revenues and expenditures in the other funds. He noted that the
timing of property tax distributions skews those numbers slightly at this point in the year. He also pointed
out the positive effect of the Depot grant on Parks Capital Fund 108. Mr. Hoglund explained that Water
Fund 401 shows expenditures over budget because the Water Treatment Plant Improvement Project cost
is not in the budget and shows revenues over budget because the budget was based on 2010 water
rates. He said the upcoming budget amendment will address both of those items.
Mr. Johnson inquired if the Miscellaneous Revenue is largely pass through payments. Mr. Hoglund said
yes and explained the double budgeting required by fund accounting. Mr. Johnson asked if both revenues
and expenditures are projected flat line in the budget. Mr. Hoglund said yes, there are no seasonal
adjustments. The mayor thanked Mr. Hoglund for the update.
Trail Easement Proposal (2404 Washington Court, Chebeir)
Mayor Maxwell advised that this agenda item was in the discovery phase and invited councilmembers
and the audience to listen to the proposal. He said Council would take no action during this study session
but would take public comment at the July 18, 2011 regular meeting. Mr. Turner said he had been asked
by a neighboring homeowner to recuse himself from the matter and did so. Mr. Turner left the Council
chambers.
Assistant Planning Director Don Measamer then presented information on a formal request by attorney
Alan Souders on behalf of Mr. Sam Chebeir for relinquishment of a public trail easement across the
westerly portion of 2404 Washington Court (Lot 12, Sunset Cove Estates). Mr. Measamer said Anacortes
City Attorney Brad Furlong had determined that relinquishment of a public easement does not require a
plat amendment but based on neighborhood concerns staff was recommending that Council take public
comment on the proposal before taking any action. Staff also recommended a site visit to the area at
5:00 p.m. on July 18, 2011 at which the proponent would have the property corners identified and clearly
visible. At the regular City Council meeting on July 18 public comment would be accepted.
By way of background Mr. Measamer explained that in 2000 the City Council and Planning Commission
heard subdivision proposals for Washington Park Estates and Sunset Cove Estates. At that time public
Anacortes City Council Study Session Minutes June 27, 2011 1
access easements were established throughout both subdivisions. Mr. Measamer said the subject
easement is unique among those because it provides public access to the shoreline and to City-owned
tidelands. To explain the two options presented in the request Mr. Measamer displayed an overhead of
the end of Puget Way including the Chebeir lot. He displayed a second overhead showing the final plat
for Sunset Cove Estates including a City-owned parcel referenced in the Chebeir request. Mr. Measamer
said request Alternate A would relinquish the entire easement across the rear of the Chebeir property in
exchange for relocating the trail into the City-owned parcel and widening the pathway to 8' with gravel or
other surfacing as determined by the Parks Director. Alternate B would relinquish a portion of the
easement and widen the trail to 6'with gravel surfacing along the Chebeir property only. Relocating the
trail would require building some retaining walls. Mr. Measamer said staff had asked the proponent to
provide details about the height and appearance the retaining walls before the July 18 site visit and City
Council meeting.
Mr. Measamer then displayed the recorded final plat for Sunset Cove Estates and read aloud Note 3 from
that plat: "The public access easement over the westerly portions of Lots 11 and 12 as shown hereon is a
pedestrian or other non-motorized access easement, and is hereby granted to the City of Anacortes and
the public. The easement area may not be obstructed or used for any purpose other than pedestrian or
other non-motorized access with the exception of landscaping that shall not obstruct, overhang or
interfere with the intended use of the easement. No other obstruction to pedestrian or non-motorized use
shall be permitted." Mr. Measamer observed that the proposed retaining wall and fill to level the lot would
obstruct the easement and that is why the proponent was requesting relinquishment of the easement.
Mr. Measamer referenced several emails and letters received from neighbors objecting to the request.
These had been provided to Council prior to the meeting. Mr. Measamer said that all comments received
prior to the July 18 meeting would be copied and provided to Council. Mr. Petrish requested aerial
photographs of the complete area that would include the trail in its current configuration and also some
photographs from ground level to show the height and slope of the bank. The mayor suggested a
topography map.
Mr. Measamer introduced Parks Director Gary Robinson who offered to answer questions from Council.
Mr. Robinson said there is currently a limited single track trail that proceeds somewhat awkwardly through
the easement including one narrow pinch point. Mr. Robinson said staff would like to retain the potential
for that trail to eventually connect to the Guemes Channel trail and to address the issue of the pinch point.
Mrs. Pickett asked the width of current Tommy Thompson Trail. Mr. Robinson said the design width for
both the Tommy Thompson Trail and the Guemes Channel Trail is a 12' paved surface in most locations
with 1' to 2' shoulders on either side.
Mr. Johnson inquired about the process for this request. Mayor Maxwell said that the courts treat this like
a quasi-judicial proceeding and he reiterated Mr. Measamer's statement that public comments prior to
July 18 should be copied to Planning Director Ryan Larsen so the record will be complete. Mr. Adams
asked who owns the easement. Mayor Maxwell said the public. Mr. Adams asked which section of the
municipal code controls this process or if it is a unique process. Mr. Measamer said this request is a
unique process which is why staff consulted with Mr. Furlong on how to proceed. He said that a plat
amendment would not be appropriate because unlike a utility easement, this easement is dedicated to the
City of Anacortes and the public. Mr. Geer asked which evidence would be used for Council to make a
decision. Mayor Maxwell clarified that Council should treat the request as quasi-judicial matter with no ex
parte contact and that the City needs to make the record complete. Mr. Geer requested guidance from
the City Attorney on how the decision making process works in this case. Mayor Maxwell said Council will
make its decision based on the record and will take testimony from those who are interested. Mayor
Maxwell asked if Mr. Souders was present to explain his client's proposal. Mr. Measamer said he had
expected Mr. Souders to be in attendance but he was not. Mr. Johnson compared the request to a
petition for street vacation. Mr. Measamer explained the difference between a street vacation and an
easement relinquishment.
There being no further business, at approximately 8:07 p.m. the regularly scheduled Anacortes City
Council study session of June 27, 2011 adjourned.
Anacortes City Council Study Session Minutes June 27, 2011 2