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HomeMy WebLinkAbout2010-06-14 City Council Minutes Approved OSS Y Off' Council Study Session Minutes—June 14, 2010 At 7:30 p.m. Mayor Maxwell called the regularly scheduled Anacortes City Council study session of June 14, 2010 to order. Councilors Kevin McKeown, Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer were present. AMC Chapter 15, Building Code Update Assistant Planning Director Don Measamer referred to his Council memo summarizing the changes to the international codes adopted by the Washington State Building Code Council (WSBCC) effective July 1, 2010 and highlighted several items for Council consideration. • The International Residential Code (IRC) now exempts storage or tool sheds up to 200 SF from permitting, up from the current maximum of 144 SF. • The WSBCC did not adopt IRC Section R313 which requires sprinkler systems in all single family residences. Local jurisdictions can choose to adopt this section but staff recommends against doing so. Mr. Turner noted that City code already requires sprinklers for residences over a certain size. Mr. Measamer and Mayor Maxwell clarified that sprinklers are currently required if there is insufficient hydrant flow for the house size or if the driveway is too steep for fire truck access. • The IRC now requires carbon monoxide detectors is all single family residences. Mayor Maxwell and Mr. Measamer observed that combination smoke and carbon monoxide detectors are available affordably. The Mayor encouraged use of carbon monoxide detectors for public safety. • The International Building Code (IBC) includes a new section addressing live/work units. Mrs. Richardson noted this only applies if the home business exceeds 10% of the residence floor area. • The International Fire Code (IFC) now includes Appendix J relating to Emergency Responder Radio Coverage. Mr. Measamer mentioned that the Fire Department encourages adoption of this appendix to ensure radio coverage for firefighting personnel in areas such as Island Hospital. Mr. Measamer also reported that Governor Gregoire has asked the WSBCC to postpone the effective date of the new state building energy code until April 2011. Mr. Adams asked why. Mr. Measamer explained that the intent is to allow the building industry to regain strength before it faces any increased costs involved with implementing the new code. He advised that staff will keep Council informed on developments in this regard. Mr. Measamer then reviewed staff's proposed permit and plan review fee schedule. Staff recommends incrementally increasing fees over the next three years to come into line with what neighboring cities are charging and consolidating the commercial and residential fee schedules into one consistent schedule. Mayor Maxwell pointed out that the existing fee schedule has been unchanged since 1989. Mr. Measamer concluded that the changes would bring the department into line with local norms and make it more self-sustaining. Mr. Measamer mentioned several items discussed with Planning Committee member Mrs. Richardson. He noted that the current zoning code exempts storage sheds of up to 144 SF from permitting and that adopting the new IRC figure of 200 SF would cause a conflict within the code. He reminded that jurisdictions can adopt or retain more stringent requirements which staff recommends in this case. Staff also recommends issuing commercial permits for 18 months, consistent with residential permits, rather than the current 12 months. Finally, staff recommends adding language to make explicit the current practice of renewing permits for an additional 18 months for half of the initial permit fee. Mrs. Pickett asked about the new IBC requirement that furniture stores have automatic sprinklers. Mr. Measamer said this would only apply to new stores, not existing ones. Mrs. Pickett suggested it should not be adopted or should only apply to large stores. Mr. Measamer stated that Anacortes could petition the WSBCC for an amendment but that those are very difficult to obtain. Mrs. Richardson seconded Mrs. Pickett's concerns. Mr. Measamer said local jurisdictions can interpret this rule appropriately and suggested that the WSBCC will be facing many interpretation requests as well. Mrs. Pickett asked for some rationale for this rule. Mr. Turner said fire codes sometimes seem onerous but are usually based on Anacortes City Council Study Session Minutes June 14, 2010 1 demonstrated risk to public and/or firefighter safety. Mayor Maxwell pointed out that insurers often drive requirements for sprinklers. Mrs. Richardson suggested that residential sidewalks and patios 30" or more above grade or above a basement be required to have a permit to be consistent with commercial building requirements. Mr. Adams asked if the zoning code could be amended in the future to allow for 200 SF accessory buildings if the public requested it. Mr. Measamer said yes, such a request could go through normal channels. 2010 Comprehensive Plan and Development Regulations Update Planning Director Ryan Larsen provided an overview of the proposed 2010 Comprehensive Plan and Development Regulations amendment process. He reminded that this year the process will be per Appendix F adopted in 2009. In January and February staff notified the public of the amendment cycle and solicited input. Amendments had to be submitted by the end of March. In April and May the Planning Commission reviewed the proposals, held a public hearing and made recommendations to Council on whether or not each issue deserves further review by staff and Council but not to accept or deny. In June Council will decide which proposed amendments will be considered; at its June 21, 2010 meeting Council will be asked to approve a resolution formalizing this. In July and August staff will perform environmental review. Mr. Larsen said this year staff may recommend a joint session with City Council, Planning Commission, Board of Adjustment and Port of Anacortes for a presentation from Washington Cities Insurance Authority (WCIA) on Exhibit 5. Staff will issue SEPA threshold determinations in September and October. The Planning Commission will then review and hold public hearings and make recommendations to Council and staff will send amendments to the Department of Commerce for its 60- day review. No public hearings will be held in December. Council will review proposed amendments early in 2011. Council may choose to hold public hearings at that point if warranted but is not required to do so. Mrs. Richardson noted this is a significant change from past decades so it will be important to widely advertise that the Planning Commission hearing may be the last opportunity for public input. Mr. Larsen concluded that the amendments could be adopted by ordinance in January or February, 2011 and the cycle will then resume for the next year. Mr. Larsen summarized the five exhibits received this year. Exhibit 1: Staff recommends moving AMC section 17.24.020.0 from permitted uses to conditional uses in the CBD. Exhibit 2: The Chamber of Commerce is proposing changes to the sign ordinance. Mayor Maxwell noted this is an annual topic. Exhibit 3: Council and Staff recommend changes to AMC section 17.48.010 regarding tent structures and cargo containers. Exhibit 4: Citizens have requested new language to address height, building standards and residential structures in the manufacturing/shipping zone. Exhibit 5: Staff recommends a new Title 19 to consolidate all the Development Code procedures currently interspersed throughout Titles 16, 17 and 18 into one place. Chapter 2.70 would also be added to create the office of hearing examiner and make that person the final decision maker for all quasi-judicial land use matters. Mr. Petrish opposed the creation of a hearing examiner. Mr. Larsen explained that the WCIA recommended adding a hearing examiner based on its audit of the Planning Department in 2009. He presented WCIA survey data showing that 82%of responding cities use a hearing examiner and 72%of Class 2 cities use the examiner as the final decision authority. Mrs. Pickett asked for some examples of which land use applications a hearing examiner would hear, noting these would be project oriented rather than rezones and so forth. Mr. Larsen agreed. Mr. Petrish objected that a hearing examiner would take authority away from the Council who are the elected representatives of the people. Mr. Turner reported the Planning Committee discussion that the Council as the legislative body should make the law and the hearing examiner would judge matters according to that law. He added that separating the legislative and judicial functions reduces liability and preserves separation of powers but acknowledged that there may be projects that would need to be heard by Council as the representatives of the people. Mr. Petrish restated his objection. Mr. Larsen clarified that the proposed language would direct appeals of hearing examiner decisions to City Council, not to court. In response to questions by Mr. Adams and Mr. Turner, Mayor Maxwell said this proposal will be fully discussed at future sessions. Mr. Larsen then listed the various chapters in the proposed new Title 19. Mrs. Richardson asked how all the material being pulled into Title 19 will be removed from its current locations. Mr. Larsen said staff is working on that large task now and hopes to be mostly complete in July. He added that Titles 16-18 will Anacortes City Council Study Session Minutes June 14, 2010 2 be amended at the same time Title 19 is adopted by Council. Mr. Turner asked how much of that work will need to be re-done if council declines to adopt Chapter 2.70. Mr. Larsen said it forms a relatively small part of the whole. Mr. Adams asked about administrative procedures of the Shoreline Master Program that will be pulled into the code and where those will go. Mr. Larsen said they will ultimately be part of Title 19 but for this year will form part of Title 18 after Council review and approval, hopefully in August. Travel and Training Policy Review Update Finance Director Steve Hoglund presented proposed revisions to the City's travel policy which Council will be asked to adopt by ordinance at a future meeting. Mr. Hoglund highlighted additions including seeking more local training to save travel costs, procedures for changes to approved travel plans, encouraging sharing rooms and using government discounts, providing for baggage charges and internet charges, and increasing the distance required for overnight stays from 50 miles to 100 miles. Also, at the suggestion of the City's insurance carrier the Travel Authorization Request will strongly encourage employees to use a City car and will require them to be reimbursed for mileage if they drive a personal vehicle so that the City is not liable in case of an accident. Mr. Hoglund underscored that pool cars are the most economical option and will be used whenever possible. Mayor Maxwell observed that department heads and employees have worked very hard to obtain necessary training closer to home and save costs. He reminded that the WTP and WWTP operators have ongoing training requirements to maintain certifications as do public safety employees. Mayor Maxwell announced that a celebration of the Tommy Thompson Trestle will be held 4-7 p.m. on Thursday, June 17, 2010 at the Fidalgo Bay RV Park with refreshments provided by the Samish Indian Nation. The Mayor invited budget suggestions from Council for the 2011 budget. There being no further business, at approximately 8:40 p.m. Mayor Maxwell adjourned the regularly scheduled study session of June 14, 2010. Anacortes City Council Study Session Minutes June 14, 2010 3