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HomeMy WebLinkAbout2010-02-16 City Council Minutes Approved } 9oop.7t:,' City Council Minutes— February 16, 2010 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of February 16, 2010 to order. Roll call found present: Kevin McKeown, Nick Petrish, 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. Petrish, that the minutes of February 1, 2010 be approved as if read. Vote: Ayes— Petrish, Pickett, Adams, Turner, Richardson, Geer and McKeown. Motion carried. Citizen Hearings No one present wished to speak on items not already on the agenda. Mayor/Council Communication Mayor Maxwell announced that the State legislature is considering doubling the hazardous substance disposal fee which is of concern to local refineries. Mayor Maxwell will send Council additional information to consider for a possible resolution on this issue. Mr. Geer thanked everyone who attended the Improv fundraiser for the Anacortes Sister Cities Association. Approximately 300 people helped raise over$2000 for the program. Unfinished Business Shoreline Master Program —Council Deliberation Planning Director Ryan Larsen directed Council's attention to the updated matrix of suggested changes to the public review draft which was provided to Council before the meeting. The 23 items under discussion were highlighted in yellow, following discussion by and recommendations from the City Council Planning Committee on February 12, 2010. Council had no further comments or changes to Items 3, 17, 23, 25, 27, 28, 34, 37, 39, 42, 56, 65, 80, 84, 85, 87 or 101. Item 31: Mrs. Richardson noted that the last sentence of Policy 7.3.4 should read "Where development of waterfront trails is to occur..., " not"are". Item 40: Mrs. Pickett stated that many regulations apply to marinas that shouldn't apply to buoy fields. She said that properly designed and installed buoys do less harm to the sea bed than anchors do. Mrs. Pickett asked not to discourage buoy fields by making them comply with all regulations for marinas. She did not object to requiring a shoreline permit for installing mooring buoys. Mrs. Richardson agreed with Mrs. Pickett. Mr. McKeown asked if raising the count back up to 12 buoys to qualify as a marina would address Mrs. Pickett's question. Mr. Geer asked what distinguishes one buoy field from another if some minimum count of buoys constitutes a marina and suggested raising the threshold back to 12. Mr. Larsen agreed to change the buoy count back to 12 and alter language so that buoy fields do not have to comply with all the requirements for a marina. Mr. Petrish asked who has authority to place buoys. Mrs. Pickett suggested requiring a shoreline permit to install a buoy field. Mr. Turner agreed that encouraging mooring buoys is desirable but said the City should control that it is done correctly. Mr. Larsen will run revised language by the Council Planning Committee. Item 41: Regarding new residential docks and piers, Mrs. Richardson objected to new DR 9.5.15 that would require joint use. She noted that this would make a property owner who can't get a neighbor to agree unable to install a dock or pier. She asked to have the requirement struck but said the policy could encourage joint use. Mr. Larsen said staff will change the language to strongly encourage joint use. As a separate issue, Mrs. Pickett stated that all references to "Skyline Marina" in this section should be to "Flounder Bay." Mr. Larsen agreed. Anacortes City Council Minutes February 16, 2010 1 Item 86: Mrs. Pickett said the language in the matrix is not what the Planning Committee agreed on. She said the language should allow water-enjoyment uses even if they aren't the primary use, such as a recreational fishing pier. Mrs. Richardson pointed out that this section pertains to reuse of historical overwater structures only and clarified that the intent is to allow water-enjoyment uses to be primary uses, not to prohibit them as an accessory use and asked for the wording to be clarified. Mr. Nickel pointed out that the prior paragraph already allows water-enjoyment uses as an auxiliary use. Mrs. Pickett asked to remove "where they are a primary use". Mr. Larsen agreed. Item 89: Mrs. Pickett observed Dept. of Ecology's goal is to keep non-water-dependent uses from displacing water-dependent uses and said that the existing language does that. Mr. Larsen agreed. Item 93: Mr. Larsen noted the phrase "in height"will be deleted from the last sentence. Mrs. Richardson clarified that"in height"will be deleted in both places in this item in the matrix. She also suggested clarifying "zoning variance" so the phrase isn't interpreted as a shoreline variance. Mr. Larsen said he will change the language to "may require a zoning variance." Mrs. Richardson also corrected "modifications are", not "is". Mrs. Richardson noted the SMP has no definition of buildable lot depth and said the SMP needs one. Mr. Nickel said staff will add that to this paragraph rather than to the definitions section. Mrs. Richardson asked to address Item 95. She stated that in Skyline the plat determines how the setback is measured, which is different from rest of city, but the Dept. of Ecology comment indicates that state law overrules less restrictive plat restrictions. Mr. Larsen said the City can decline to adopt Mr. Fritzen's suggestion in this case. Council agreed. Item 112: Mr. Geer said the Planning Committee talked about limiting the size of floating boat shelters. Mr. Larsen said administering that level of detail would become cumbersome. Mr. Geer said the Planning Committee had requested language that would allow shelter for the youth boating program but didn't allow larger scale covered moorage. Mrs. Pickett said the proposed limit to "one"floating shelter would contain the extent. Mrs. Richardson said 8.11.3 is not the right reference for this item and suggested it should be added as 8.7.13 instead under marinas, since that's the only place such covered structures will exist; they should not be in residential areas (8.11). She also noted that the SMP does not prohibit covered moorage so this special reference is redundant and youth program shelters wouldn't need to be limited to one. Mr. Larsen said he would investigate. Mr. Geer asked that the issue be clarified because the Council Planning Committee specifically did not want to allow covered moorage. On a related issue on page 114, 8.7.1, Mrs. Richardson asked that that term "floating houses" be replaced with "floating homes" since the latter is what is defined in the SMP document. Mr. Adams asked about Item 39, clarifying the definition of a marina. He asked if mooring buoys and public launch ramps will be defined as marinas. Mr. Nickel said he will add some clarifying language. Mr. Adams also asked for clarification of the intent on Item 42. Mr. Larsen explained that the Council Planning Committee felt it was important to continue to allow for docks and piers in mixed use projects that might include a multi-family residential component and so asked to retain the existing language. Mr. Adams suggested this could be allowed via a shoreline conditional use permit without allowing it outright. Mr. Geer reiterated that the Committee felt a mixed use development should be provided this opportunity without a cumbersome shoreline conditional use process. Mr. Adams asked if the entire Council agreed with the Planning Committee on this. Mrs. Pickett clarified that the existing language, unchanged, achieves Council's desired policy goal. No councilors objected. Regarding non-profit organization boat shelters, Mrs. Richardson asked if specifying "non-profit organization" might preclude City sponsored recreation programs and suggested adding "or public agencies". Mrs. Pickett and Mr. Turner said the City is a non-profit;the intent was to include City and Port programs. Mr. Furlong said no, public entities are not included in "non-profit". Mr. Nickel indicated he will change the language. Anacortes City Council Minutes February 16, 2010 2 Mrs. Richardson referred to an email in the packet from Tom Glade asking about shorelines of statewide significance and how those are defined. Mrs. Richardson asked that staff ensure the definition in the City's SMP is consistent with state law. Mr. Nickel said this is Item 131 in the matrix. Mr. Larsen then reviewed six other minor changes the Council Planning Committee requested to the December 2009 draft SMP: page 10, rescind the prior deletion of the periodic adjustment to the substantial development threshold per RCW 90.58.030(3)(e); page 12, item 7 and item 8, delete the words "by an owner, lessee or contract purchaser"; page 12, item 8a, staff will double check the dollar value; page 182, staff will confirm the definition of navigable waters conforms to any definition that might exist from the Army Corps of Engineers; page 163, staff confirmed item (d) was deleted because it appears elsewhere in the SMP; and page 267, the last sentence regarding buffer averaging will be added back into the document. Mr. Larsen asked for Council direction to have consultant incorporate all the changes discussed and bring back a complete revised SMP document for review on March 1, 2010. Mr. Petrish asked again that staff ensure that the Shoreline Management Act, the SMP, the WAC, Dept. of Ecology regulations, the City zoning regulations, the City's Comprehensive Plan, the RCW, the City's Critical Areas Ordinance and legal precedent are all consistent. Mrs. Richardson asked when the new SMP draft will be available and when action is anticipated. Mr. Larsen suggested Council action on March 15, 2010, after discussion on March 1, 2010 and will proceed accordingly. Consent Agenda Mr. Geer moved, seconded by Mr. McKeown, to approve the following Consent Agenda items. Vote: Ayes — Pickett, Adams, Turner, Richardson, Geer, McKeown and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 4, 2010 and February 11, 2010 are approved for payment as of this date February 16, 2010. Claims Warrants: February 2010: Warrant Numbers 54376 through 54557 in the total amount of$566,226.55 EFT Claims February 2010: EFT Numbers 54369 through 54375 in the total amount of$2,280.28 Prewritten Claims February 2010: Warrant Number 54368 in the total amount of $790.00 Payroll for February 5, 2010 in the total amount of$760,155.09 Warrant Numbers 34457 through 34503 in the total amount of$52,780.96 Direct Deposit Numbers from 33972 through 34166 in the total amount of$531,520.61 EFT Numbers from 1085 through 1090 in the total amount of$175,853.52 In the same motion Council accepted as complete the Guemes Channel Trail Construction, Phase I project (05-071-TRN-003) by Strandberg Excavation and Commercial Construction, Inc. Public Hearing: Petition to Vacate a Portion of S Avenue and Portions of Market Street (Port of Anacortes) Assistant Planning Director Don Measamer presented a request from the Port of Anacortes for vacation of portions of Market Street and S Avenue. Mr. Measamer showed a series of aerial views depicting actual and proposed property ownership in the vicinity. The proposal would include a package of property vacations, dedications and easements to clean up property ownership between the two entities in the area. The total area proposed to be exchanged is 146,442 SF to the City and 102,713 SF to the Port. This has been discussed since at least 2003. In 2006 Council asked staff to look at utilities and parking that would be affected by the then proposed vacation of R Avenue and 3rd Street. The Port's Pier 1 project relocated utilities and Port and City staff have subsequently worked to ensure utility easements are in place. The Port has drafted an interlocal agreement regarding the proposed dedications. If Council Anacortes City Council Minutes February 16, 2010 3 agrees with the spirit of this agreement, staff will prepare the draft interlocal agreement and ordinances for Council review and action. Mrs. Richardson asked what"rededicated as right of way" means in relation to Market Street. She observed that the packet materials show an easement, not a right of way, on Market Street and asked if an easement preserves the right of way. She noted that when 4th Street is closed, Market Street is the only access to downtown from the Cap Sante peninsula. Mr. Measamer responded that staff also prefers a right of way and the Port is amenable. Mrs. Richardson asked for assurance that this will be a public street right of way. At approximately 8:42 p.m. Mayor Maxwell opened the public hearing. No one present wishing to testify, the Mayor closed the public hearing. Mr. Geer moved, seconded by Mr. Turner, to authorize staff to move forward with drafting documents as outlined in the packet. Mr. Adams referenced the exhibit summarizing the areas to be exchanged and asked if there are any appraised values or if it will be a straight across trade. Mr. Measamer confirmed the latter and said there are no monetary or financial implications to either the City or the Port. Mrs. Richardson recalled that Council previously authorized vacation of some property in this area but the vacations were not completed because payment was deferred; now the payment will occur in the form of a land swap. Mr. Turner asked if this package of actions will conclude the ownership transfers in the area or if there are other properties in the area that will require vacation or exchange. Mr. Measamer replied that the current proposals will address most of the outstanding issues. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown, Petrish and Pickett. Motion carried. Public Hearing: Petition to Vacate 11th Street West of B Avenue (Ortman/Wynn) Mr. Measamer outlined the request by Mr. Ortman and Mr. Wynn to vacate a portion of 11th Street just west of B Avenue. On November 5, 2009 the Board of Adjustment recommended approval on condition that easements for a portion of the Guemes Channel Trail be provided abutting each of the shoreward properties. 232 LF of easement would be provided by Mr. Ortman and 146 LF of easement would be provided by Mr. Wynn. The exact shape of the easements remains to be determined. Mr. Measamer requested direction from Council to define the easements using the discussion points listed on Attachment#4 in the packet. Staff proposed to formulate a draft easement that may be able to be used in other areas along the trail. At approximately 8:52 p.m. Mayor Maxwell opened the public hearing. City Attorney Brad Furlong asked what provisions have been made for access easements to the residential parcels that won't have street access after the vacation. Mr. Measamer replied that the vacation ordinance would have to include a boundary line adjustment to provide the required minimum 20' street frontage for Lots 2405 and 2408 and/or an easement which would require a conditional use permit. The boundary line adjustment would be recorded consecutively with the street vacation ordinance and easement. No one else wishing to testify, at approximately 8:54 p.m. Mayor Maxwell closed the public hearing. Mr. Adams clarified that the compensation for the vacation would be the trail easement only, no cash, and that this could be a model for future trail easements along the Channel. Mr. Measamer agreed. Mr. McKeown asked what access is proposed for the trail easement. Mr. Measamer responded access would be off of B Avenue. Mrs. Pickett referred to Point 9 on Attachment 4 and clarified that the City should be responsible for stabilization of the rail bed not the entire bank. Mr. Measamer agreed and said staff will clarify that language but wanted to address potential landowner concerns about slope stability impacts of trail construction. Mr. Turner praised the proposed agreement as in the public interest and supported the proposal. Mr. Petrish asked about Point 3 on Attachment 4 that requires the City to install a six-foot tall cyclone fence south of the trail and asked if that would be permanent. Mr. Measamer said yes, noting landowners want to prevent public access to their private property. Mr. Petrish asked how the public would access the trail. Mr. Measamer reiterated that access could be off existing access easement on B Avenue. Mayor Maxwell reminded that the trail will eventually run all the way from Washington Park to downtown with public access at various points along the route. Mr. McKeown expressed discomfort with a six-foot cyclone fence lining the trail. Mr. Measamer said staff can discuss alternatives with the property Anacortes City Council Minutes February 16, 2010 4 owners. Mr. McKeown strongly encouraged that. Mr. Turner observed that private property owners often have concerns about public trespass and that the City needs to accommodate their concerns in some way. Mrs. Pickett suggested planting native honeysuckle on the fencing. Mrs. Richardson observed cyclone fencing may not be the first choice aesthetically but said it is relatively transparent. She suggested it is desirable to have a consistent fencing style along the trail, determined by the City, rather than a hodgepodge of styles selected by each homeowner and agreed that plantings can ameliorate the visual effect. Mr. Petrish agreed with Mr. McKeown that he doesn't favor cyclone fencing. Mr. Measamer said he and Parks Director Gary Robinson could work with the proponents on an alternative. Mr. Geer moved, seconded by Mrs. Pickett, to direct staff to draft an easement to bring back to Council for action, at a minimum for Mr. Ortman's section, and to explore fencing options including cyclone fencing. Vote: Ayes—Turner, Richardson, Geer, Pickett and Adams. Opposed— McKeown and Petrish. Motion carried. Contract Award: 6th Street Reconstruction Project Assistant City Engineer Matt Reynolds presented an overhead depicting the 6th Street improvements that will be undertaken using federal stimulus money awarded through the American Recovery and Reinvestment Act in conjunction with the County's Guemes ferry terminal work. The project includes rebuilding 6th street from roughly I Avenue to K Avenue including curb, gutter and sidewalk and asphalt paving plus a ten-foot wide concrete bike/pedestrian trail from I Avenue to 0 Avenue which will be part of the Guemes Channel Trail. Two public hearings and many meetings were held to arrive at the design. Bids were opened on February 3, 2010 from fifteen bidders. The Engineer's Estimate was$700,000. The low bid was$426,187.12 from Schwetz Construction. Staff recommended awarding the contract to Schwetz Construction. Mr. McKeown moved, seconded by Mr. Geer, to award the contract to Schwetz Construction. Mr. Geer complimented staff on a sensational job of arriving at this design with a great deal of public input in such a short time frame. Mr. Petrish asked if the federal grant funding requires prevailing wage rates to apply. Mayor Maxwell said yes. Mr. Turner agreed with Mr. Geer that staff worked exceptionally well under severe time constraints and praised the design. Mr. Turner asked if the difference between the amount of the grant and the much lower bid price might allow additional paving to be funded. Mr. Reynolds said no, the grant conditions don't allow that. Mr. Adams asked when the County will be working on the ferry terminal and dock improvements at I Avenue. Mr. Reynolds said the projects will be largely simultaneous. Vote: Ayes— Richardson, Geer, McKeown, Petrish, Pickett, Adams and Turner. Motion carried. Executive Session— Fifteen (15) Minutes At approximately 9:15 p.m. the Mayor, Council and City Attorney Brad Furlong convened in Executive Session to discuss pending and threatened litigation for approximately fifteen minutes. At approximately 9:30 p.m., the Council reconvened and without taking any further action, the regularly scheduled meeting of February 16, 2010 was adjourned. Anacortes City Council Minutes February 16, 2010 5