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City Council Study Session Minutes— February 8, 2010
At 7:30 p.m. Mayor Maxwell called the regularly scheduled study session of February 8, 2010 to order.
Nick Petrish, Erica Pickett, Brad Adams, Cynthia Richardson and Brian Geer were present. Kevin
McKeown and Bill Turner were absent.
Public Works Excellence in Infrastructure Awards
Public Works Director Fred Buckenmeyer presented the 2009 Excellence in Infrastructure Awards to the
SR20/Commercial Avenue Roundabout project team and shared some slides of the work in progress and
the finished project. Mr. Buckenmeyer recognized Steve Verbarendse, John Snyder, Carl Engles and
Shane Hamilton of SRV Construction, the general contractor; Sam Schwetz and Damon Schwetz from
Schwetz Construction, the concrete subcontractor; Shannon Lambert, Kelly Owen and Rachel Price of
Reid Middleton, the Engineer of Record; the City of Anacortes Operations Department represented by
Terry Nemeth on behalf of Sandi Andersen and Mac Jackson;the City of Anacortes Engineering
Department represented by Lyle Davis and Eric Shjarback; and Todd Harrison of Washington State Dept.
of Transportation. Mr. Buckenmeyer reviewed the criteria for the award and reported that the Roundabout
was the unanimous award nominee for 2009. Mayor Maxwell presented plaques to the award recipients
and thanked them all for their outstanding efforts to complete this showcase project in the tight 30-day
window while minimizing inconvenience to local businesses and the traveling public.
Shoreline Master Program Discussion
Planning Director Ryan Larsen presented a revised matrix with proposed new language for 38 items
identified at the February 1, 2010 Council meeting plus several separate pages of proposed new
language addressing aquaculture, a definition of interpretation, a new page 23 of the matrix, and a page
of alternative language from Mrs. Richardson. Mr. Larsen said the City Council Planning Committee will
review these materials on February 12, then will bring the language back for consideration at the regular
City Council meeting on February 16, but he requested some general feedback from Council at this
meeting. Mr. Larsen introduced Dan Nickel from the Watershed Company to help answer questions.
Mr. Petrish expressed concern about ensuring that all the City and State codes and plans are consistent.
Mr. Larsen said the Municipal Code and the SMP are compatible and that applicants will have to be sure
they meet the criteria of other jurisdictions.
Mr. Larsen, assisted by Mr. Nickel, then walked through each item explaining the background and noting
Council feedback where it was offered. Regarding Item 3, Mrs. Richardson supported the proposed draft
language.
Councilors had no comments on the proposed new language for Items 17, 18 or 19. Regarding Item 23,
mitigation options for residential setback reductions, Mrs. Richardson observed that a green roof option
would be difficult or impossible to enforce over an extended period and subsequent property transfers
and suggested that it be deleted as an allowed mitigation strategy. Mr. Geer agreed. Mr. Nickel
suggested that a notice on title can record conditions on a property. Mrs. Richardson reiterated that follow
on owners might not have the knowledge to maintain a green roof. Mr. Larsen stated he would remove
that option.
Regarding Item 25, Mrs. Richardson provided some alternative language for consideration to make it
clear that the preferred strategy is not to disturb existing vegetation and that only if that can't be done can
planting beds be substituted. Mr. Petrish asked Mr. Larsen to identify Futurewise since they initiated
many of the changes under discussion. Mr. Larsen said Futurewise is a statewide environmental
watchdog organization formerly known as 1000 Friends of Washington. Mrs. Pickett asked if vegetation
requirements could be expressed as a percentage of the shoreline instead of using precise dimensions.
Mrs. Richardson argued that some absolute minimum dimensions are required for planting success, for
instance, an 18" strip along the entire shoreline would not serve a purpose. Mrs. Pickett asked the basis
for the minimum sizes suggested. Mr. Nickel listed many of the purposes the vegetation serves along a
shoreline, said that's why policies encourage a variety of vegetation, and noted larger flora such as trees
Anacortes City Council Study Session Minutes February 8, 2010 1
need 10' wide beds to establish themselves. Mrs. Pickett argued against picking an arbitrary bed size that
would be difficult for property owners to work with. Mrs. Richardson and Mr. Nickel reiterated that for
success the plan should set reasonable minimum dimensions. Mr. Larsen deferred the discussion to the
Planning Committee.
Councilors had no comments on the proposed new language for Items 26 or 27. Regarding Item 28,
which identifies public facilities as a subset of commercial uses, Mrs. Richardson observed that the
zoning ordinance already governs these and asked why the SMP needs to break them out as a separate
use category when the City's other codes don't. Mr. Nickel said this was suggested by Dept. of Ecology
but is not required. Mr. Larsen said it would add clarity. Mr. Adams stated that he had specifically asked
to distinguish churches from other commercial uses. Mr. Larsen deferred the discussion to the Planning
Committee.
Regarding Item 31, public access and trails, Mrs. Pickett questioned the proposed new language. She
suggested instead, "... while providing protection of intact shoreline ecological functions or enhancement
to shoreline functions where impaired conditions exist, where such enhancements are feasible."
Councilors had no comments on the proposed new language for Item 37. Regarding Item 39, which
includes boat launches and mooring buoy fields in the definition of marina, Mrs. Pickett questioned the
addition and noted Washington Park would be a marina by that definition because it has a boat launch.
Mr. Larsen disagreed but noted that the proposed language is not required. Mrs. Pickett asked to delete
it. Mr. Larsen agreed to remove it. Mrs. Richardson asked if boat launches should be addressed
somewhere besides the definition of marina. Mrs. Pickett agreed. Mrs. Pickett and Mr. Petrish both asked
that Washington Park not be construed as a marina.
Councilors had no comments on the proposed new language for Item 40. Regarding Item 41, Mrs. Pickett
asked why single family residential docks and piers are being prohibited; she does not foresee a
proliferation of them if they were allowed. Mr. Nickel noted the community can allow them but needs to
show no net loss of ecological functions so would have to estimate the impact of any new docks or piers
the SMP would allow. Mrs. Richardson asked if the state is trying to prohibit residential docks. Mr. Nickel
said no. Mrs. Richardson asked why the City would want to then. Mr. Nickel said the SMP needs to look
at potential impacts of allowed new docks. Mr. Larsen noted the proposed language does allow
residential docks and piers as a conditional use. Mr. Nickel said one way to mitigate impact is to require
joint-use structures. Mr. Larsen deferred the discussion to the Planning Committee.
Regarding Item 42, which adds DR 5.9.1(e) to prohibit new docks, piers and floats associated with multi-
family residential development, Mrs. Richardson pointed out that a mixed use development could have a
multi-family residential component and this language might rule out docks there that would otherwise be
permitted and desired. She suggested rewording. Mr. Larsen deferred the discussion to the Planning
Committee.
Councilors had no comments on the proposed new language for Item 71. Mrs. Richardson asked about
heights and setbacks in Item 65. Mr. Larsen deferred the discussion to the Planning Committee.
Councilors had no comments on the proposed new language for Item 78. Regarding Item 80, which
requires consideration of geologic hazards in the case of rebuilding non-conforming structures, Mrs.
Richardson noted geologic hazards must be considered, but then what? She suggested the language
needs to be more specific. Mr. Larsen said he would discuss this further with the consultant.
Councilors had no comments on the proposed new language for Item 84. Regarding Item 86, Mrs.
Richardson noted that the proposed language is illegible on the matrix and said it should say Urban and
Urban Maritime if it doesn't already to address the existing Port warehouse.
Councilors had no comments on the proposed new language for Item 93 or Item 94. Mayor Maxwell
noted an apparent typo in the DR numbering in Item 94. Mr. Nickel said DR-5.9.6 is what it should be.
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Regarding Item 96, regarding lots which border the ordinary high water mark, Mrs. Richardson noted
that's the entire shoreline. Mr. Larsen disagreed, noting that some lots within 200 feet of the OHWM have
a lot directly waterward of them. Mrs. Richardson concurred.
Councilors had no comments on the proposed new language for Item 100. Regarding Item 101, Mrs.
Richardson asked to have the new language removed. Mr. Geer agreed. Mr. Larsen said he will do so.
Regarding Item 102, which requires a view analysis for any proposal over 35 feet high in DR 6.4.19, Mrs.
Pickett asked which shoreline designations this applies to. All of them, replied Mr. Larsen. Mayor Maxwell
reminded that this requirement came out of a court case. Mrs. Richardson noted that the chart sets the
height limit at 50 feet but the zoning sets lower limits. Mayor Maxwell said projects can go to 50 feet if
they can demonstrate there's an overriding public benefit. Mrs. Richardson said the proposed language
doesn't make that clear. Mrs. Pickett agreed. Mr. Larsen deferred the discussion to the Planning
Committee.
Councilors had no comments on the proposed deletion of DR 6.5.2 in Item 104. Councilors had no
comments on the proposed new language for Item 105, Item 107 (which will be reviewed at the next City
Council meeting due to length), Item 110, Item 112, Item 116, Item 121 or Item 125.
Mrs. Richardson asked about language to allow temporary structures to protect wooden boats for youth
programs. Mr. Larsen said he looked for that language in past drafts but did not find it and will ask the
Planning Committee to help find or draft it. Mrs. Richardson suggested looking at the language in the
Port's agreement with the Adventure Scouts.
Mrs. Pickett asked about Table 5.1 on Page 66 of the December 2009 draft SMP which shows shoreline
stabilization for single-family residences as permitted in the Aquatic environment. Mr. Larsen stated he'd
double check it.
Mrs. Richardson asked if Table 5.2 on page 68 of the December 2009 draft SMP needs to have the
minimum lot size column; she is concerned that information will get out of sync with other documents. Mr.
Larsen said having that column is strongly recommended. Mrs. Richardson asked if the table can
reference the lot sizes called out in the zoning code instead.
Mrs. Pickett recalled that the SMP prohibits RV parks in the shoreline area but that there is one such in
the City now and the City doesn't want it to be a nonconforming use. Mrs. Richardson agreed.
Mr. Adams noted that some of the changes from prior drafts don't appear in the December 2009 draft. He
asked what the process is for obtaining a shoreline permit. Mr. Larsen said that's been moved to Chapter
18 of the Municipal Code as part of the 2009 Comprehensive Plan and Development Regulations
Amendments; this allows the process to be amended without amending the SMP.
Mr. Adams observed that Council didn't receive the revised matrix with the new language until today and
noted that after Mr. Larsen's session with the Planning Committee the full Council still needs time to
review and discuss this information. Mr. Geer asked if Councilors not on the Planning Committee can
email Mr. Larsen with specific language. Mr. Ryan said of course and offered to meet with Councilors
individually as well.
Mrs. Richardson expressed regret that the City can't address Urban Growth Area shorelines in the City's
SMP but stated that the City doesn't have that authority. Mrs. Pickett complimented Mr. Larsen and Mr.
Nickel on the process. Mayor Maxwell reminded that the SMP needs to move forward and be approved
so it can be implemented.
Public Works Proiect Updates
Mr. Buckenmeyer presented a slide show highlighting the Public Works Department accomplishments
during 2009, work currently in progress and goals for 2010.
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• The Tommy Thompson Parkway trestle demolition is finished. 90 piles and 150 tons of creosote
were removed and will be disposed of.
• The Water Treatment Plant upgrade final design is underway and the project will bid this spring.
• The Operations shop sweeper debris dewatering facility was recently completed and will provide
covered sand and salt storage as well.
• The Padilla Bay waterline project is all but complete. Mayor Maxwell pointed out that between this
project and others Anacortes has removed more creosote than any other jurisdiction he's aware
of. Mr. Geer complimented the project. Mr. Petrish asked what the restoration plans are for the
former pipe location. Mr. Buckenmeyer replied that per easement agreements, the Swinomish
Nation will restore the area.
• Fidalgo Bay Road will be improved with sidewalk, curb and gutter around the entrance to the RV
park using grant funds received by the Samish Nation.
• The former Scott Paper Mill site clean up is underway with support from the City including utility
installation and wastewater treatment of wash water and dredging decant water.
• The Solid Waste Department took over March Point, negotiated the roll on roll off contract, put a
new yard waste contract in place, and is helping with design of the new Skagit County transfer
station.
• The Deception Pass waterline is complete after two years of work tied in with WSDOT work on
Highway 20.
• The North Texas Road waterline will be built in 2010 to provide redundancy for the single line that
now serves both refineries.
• Water Treatment Plant intake pump station motor control units are being replaced now. A leak
was repaired in the 42-inch intake line as well.
• Guemes Channel Trail construction has begun and the first segment completed has been very
well received.
• The SR20/Commercial Avenue Roundabout is completed. Mr. Buckenmeyer observed that the
accident rate at that intersection has already dropped dramatically.
• Flounder Bay Dredging has been designed and will take place this summer when the fish window
opens for in water work.
• The Pennsylvania Avenue traffic calming project has been completed near Tursi Park.
• Pennsylvania Avenue street improvements will continue this year to connect to Jasper Way.
• 6th Street improvements have been bid and work will begin soon in the blocks around the
Guemes ferry terminal.
• The Wastewater Treatment Plant odor control ductwork project is nearly complete.
• A gravel road has been built at the City's Old Brook Lane 9-lot short plat development using grant
funds to make the site accessible to potential tenants.
• The largest oversize transport project ever undertaken in the City was completed last month
moving two towers from the Port dock to March Point.
There being no further business, at approximately 9:23 p.m. Mayor Maxwell adjourned the regularly
scheduled study session of February 8, 2010.
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