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HomeMy WebLinkAbout2009-11-16 City Council Minutes Approved bl2 Y Off`, 9ooR`S City Council Minutes—November 16, 2009 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 16, 2009 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 Mrs. Richardson, that the minutes of November 2, 2009 be approved as if read. Vote: Ayes— Petrish, Pickett, Adams, Turner, Richardson, and Geer. Mr. McKeown abstained. Motion carried. Citizen Hearings No one present wished to speak on items not already on the agenda. Mayor/Council Communication Mayor Maxwell read a proclamation establishing November as Pancreatic Cancer Awareness Month in Anacortes. Unfinished Business 2009 Comprehensive Plan and Development Regulation Amendments: Planning Director Ryan Larsen introduced his November 10, 2009 memo with attachments included in the Council packets which highlighted thirteen items for additional discussion. Mr. Larsen suggested that this meeting be for Council deliberation with the expectation of receiving recommendations from Council at the December 7, 2009 meeting and adoption of a final ordinance on December 21, 2009. Exhibit 4, Appendix F to the Comprehensive Plan: Mr. Larsen expressed his support for the language presented in the packet. Mrs. Pickett concurred with the proposed language. Mrs. Richardson stated that most of the revisions were minor wording changes but called attention to page 4, Phase I, Item la. The proposed wording says affected property owners, City Council, Planning Commission or city staff may propose amendments, but Mrs. Richardson suggested that perhaps a single City Council member or Planning Commissioner should also be able to in order to streamline the process. Mr. Geer preferred the proposed language as is. Mrs. Pickett agreed. Mr. Larsen reviewed the existing process and noted that it already allows for individual Council members to present items to be considered for inclusion on the docket. Upon further discussion, the consensus was to keep the proposed language. Exhibit 8, Mooney Comprehensive Plan Map and Rezone Request: Mr. Larsen stated that the City has a policy of not rezoning more land to Commercial until the existing Commercial land is accounted for, hence staff recommends against the Mooney request solely in order to be consistent with policy. The Planning Commission recommended approving the rezone request. Mrs. Pickett stated that the policy was intended to prevent gross expansion of the CBD, not necessarily to exclude single lots adjacent to the existing Commercial zone as requested here; she supported the request. Mr. Adams asked if anyone opposed the request during the hearings. Mr. Larsen said no. Mr. Turner said he doesn't object to the rezone in this case because it is surrounded by Commercial property. Mrs. Richardson noted that the line between R-3 and CBD zones in that area is irregularly shaped and that the requested rezone helps regularize the shape of the CBD. Mrs. Pickett stated that the rezone would encourage business in town which is also a City policy. Mr. Adams supported the rezone since it is adjacent to the CBD. Exhibit 10, Comprehensive Plan Map and Rezone Request, MS to R-3: Mrs. Pickett respected 4th Street residents' desire not to have 50-foot-tall buildings next door but said it is important to protect the MS zone and not have residents warring with industry. Mrs. Pickett agreed with the Planning Commission recommendation but noted that the Port's comprehensive plan calls for buffering the boundaries of that zone and said City should ask the Port for language to achieve that. She also said rezoning to R-3 would likely lead to less rather than more affordable housing. Mr. Geer agreed with Mrs. Pickett. Mrs. Richardson noted that of the six houses on the block, three supported the change and three did not respond. She said sometimes the City may have an important civic reason to rezone even without Anacortes City Council Minutes November 16, 2009 1 overwhelming support from the neighborhood but didn't feel such was the case here. Mrs. Richardson suggested that for next year the Port, City staff, residents and businesses should look at ways to achieve a healthy transition in the area which both City and Port Comprehensive Plans call for. Mr. Petrish said no one in his ward had ever asked him for a rezone in the area and also noted that several homes there have been upgraded recently. Mr. Petrish supported the current zoning. Mrs. Pickett asked whether Exhibit 19 regarding window coverage by signs allows a business to cover an entire window with a 25% opaque screen or only to block 25% of the window area. Mr. Larsen said the latter is how the code has always been interpreted. Exhibit 20, Revision to CM Zone Language: There was no discussion on this item. Exhibit 21, Maximum Building Height in MS Zone: Mrs. Richardson recommended handling this item along with Exhibit 10 next year. Exhibit 22, Activities and Operations: Mrs. Pickett said the language should encourage, not discourage, business and that the City already has means to control nuisance noise. Mrs. Richardson explained she was attempting to achieve consistency between zones but acknowledged that many people testified against the change so she was willing to reject the proposed change this year. Exhibit 23, Board of Adjustment Review Criteria: Mrs. Richardson had emailed proposed new language. Mr. Larsen reported he reviewed it with City Attorney Brad Furlong who suggested not changing the language. Mr. Furlong said courts have been ruling that zoning ordinances must set specific empirical criteria for land use applications and would probably find the proposed language too subjective. Mrs. Pickett asked if the Historic Preservation Board could develop specific criteria. Mr. Furlong said it is possible but takes a lot of work. Mr. Larsen confirmed the apparent consensus that this item would not go forward this year. Exhibit 24, Accessory Buildings, Storage and Structures: In response to a question by Mr. Petrish, Mrs. Richardson said that existing fabric structures would be grandfathered in but no new ones could be constructed unless they met all the requirements for accessory buildings. The proposed language also allows for temporary fabric structures for up to two weeks for specific events. Mr. Geer stated that the proposed language is overregulation and objected to it. Mr. Turner said he supports the proposed language. Mr. Adams said the City will see more and more fabric structures as they become more affordable and he supports the proposed language to restrict them. Mr. McKeown noted that most homeowner's associations discourage such structures. Mrs. Pickett said she supports keeping them out of front yards and requiring that they be safe but agreed with Mr. Geer that treating them as accessory buildings is too much regulation. Mayor Maxwell said he has had no complaints about fabric structures. Mr. Larsen suggested that staff could review how other cities have handled this issue and provide alternatives for Council consideration next year; staff is not aware of cities that regulate fabric structures at this time. Mr. Geer supported Mr. Larsen's suggested postponement. All agreed. Exhibit 26, In Lieu of Payment for Parking: Mr. Larsen pointed out that amount of money involved is minimal. Mrs. Pickett noted that the City has never charged or collected this fee because it has preferred to encourage business and she doesn't foresee it being enforced in the future but noted that the City does need an income stream to provide more parking and suggested it might be in the form of a parking utility. Mrs. Richardson stated that the clause has never been enforced and asked that it be stricken from the books. Mr. Turner agreed. Mr. Larsen observed consensus to remove this language from the code. Mr. Adams stated that the Engineering Department has studied how to optimize parking downtown and suggested the City should turn its attention in that direction. Exhibits 28 and 30, Old Town Overlay Parking/Commercial Parking in Residential Zones: Mr. Larsen reported that Exhibit 28 was strongly supported during earlier hearings. Mrs. Richardson strongly supported Exhibit 28. Mr. Adams asked if Exhibits 28 is redundant if Exhibit 30 is approved. Mr. Larsen explained that Exhibit 28 only applies to the Old Town overlay district and is slightly more restrictive in requiring public parking to be located within 500 feet of the establishment it serves. Exhibit 30 prohibits Anacortes City Council Minutes November 16, 2009 2 commercial parking lots in any residential zone in the City. Mrs. Richardson clarified that public parking is associated with a public facility and that both public and private parking would still be allowed as conditional uses under Exhibit 30 but commercial parking would not. Mrs. Pickett asked if shuttling workers to a remote employee parking lot would still be legal. Mr. Larsen said yes. Exhibit 34, Design Standards for Commercial Avenue: There was no discussion on this item. Exhibit 7, Rooks Comprehensive Plan Map and Rezone Request: At 8:30 p.m. Mrs. Pickett and Mr. Turner excused themselves from the Council chambers for the discussion of this item. Mr. Petrish stated that public testimony was strongly in favor of the change and he supports it. Mrs. Richardson also supported the proposed zoning change and stated that increased density and affordable housing can be accommodated in other ways besides R-4 zoning. Mr. McKeown supported the rezone request. Mr. Geer asked if down zoning violates the GMA. Mr. Larsen said no. Mr. Adams supported the request and noted that the testimony from residents was very strongly in favor. He said there are other historical R-4 zones in town and that historical structures can be preserved without having to rezone every such block. Mr. Geer said he'd like to protect historic homes with the Old Town overlay but not rezone block by block. Mrs. Richardson reminded that during the overlay creation many people wanted to include Block 11 but Mr. Munce suggested only including R-3 zones and then looking at non-R-3 properties later, which is what is happening now. Mr. Geer, Mr. Adams and Mr. McKeown reiterated that options besides rezoning can preserve historic homes and neighborhoods. Mrs. Richardson suggested the City look at all the R-4 zoning in town and see if it still makes sense. At 8:43 Mrs. Pickett and Mr. Turner rejoined the proceedings. Mr. Larsen stated he would bring back all the Exhibits for Council to consider at the next regular meeting on December 7, 2009. San Juan Passage NGPE Shoreline Landscape & Management Plan -Approve Lots 10, 11, 12: Parks Director Gary Robinson reported that Gilbane has performed view clearing on Lots 10, 11 and 12 with supervision by Parks Department staff and a third party consultant. Mr. Robinson asked Council to accept the work performed thus far and give Gilbane to permission to proceed with the remaining NGPE lots, three lots at a time, allowing staff rather than Council to approve each batch before the next three are done. Mr. Geer agreed with Mr. Robinson and complimented the work performed to date that was observed during the Council site visit today. Mr. Turner agreed. Mrs. Richardson said she was impressed by the lack of disturbance of the undergrowth. Mrs. Pickett moved, seconded by Mr. McKeown, to give the Parks Department authority to allow view clearing of the remaining NGPE lots three at a time. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, McKeown and Petrish. Motion carried. Consent Agenda Mr. McKeown moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown, Petrish and Pickett. 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 November 5, 2009 and November 12, 2009 are approved for payment as of this date November 16, 2009. Claims Warrants November 2009: Warrant Numbers 53266 through 53470 in the total amount of$394,289.67 EFT Claims November 2009: EFT Numbers 53259 through 53265 in the total amount of$2,080.04 Payroll for November 5, 2009 in the total amount of$823,441.42 Warrant Numbers 34191 through 34239 in the total amount of$52,798.22 Direct Deposit from 32866 through 33063 in the total amount of$572,433.19 EFT Numbers from 1047 through 1052 in the total amount of$198,210.01 Anacortes City Council Minutes November 16, 2009 3 In the same motion Council: Adopted Resolution 1789 setting a Public Hearing date of December 7, 2009 for a petition to vacate 11th Street West of B Avenue; Accepted as complete the 2009 Waterline Replacement project by Strandberg Construction & Commercial Construction, Inc. (09-001-WTR-001); and Adopted Resolution 1790 setting a Public Hearing date of December 7, 2009 for the Residential Targeted Area for the Proposed Chapter 15.45 Urban Centers and defining the target area as the Commercial Business District (CDB)zone. Interlocal Agreement with Skagit County-Well Metering Study Public Works Director Fred Buckenmeyer updated Council on this result of the City's successful appeal of Skagit County's drinking water code in 2007. The interlocal agreement between Department of Ecology, Skagit County and the City of Anacortes will fund a well metering study which will select drainage basins, put meters on wells of volunteers, then collect and analyze the data over a two year period. Cost estimates are $90-100K split three ways. The City's share of costs is capped at$33,000. Golder& Associates will perform the study which will determine withdrawal rates; no one knows those now. Mr. Turner moved, seconded by Mr. Geer, to authorize the Mayor to enter into the interlocal agreement. Vote: Ayes—Turner, Richardson, Geer, McKeown, Petrish, Pickett and Adams. Motion carried. Contract Award: Lighting Retrofit Project, Phase II—Library and Public Safety Building Facilities Manager Russ Pittis presented the bid results for retrofitting the Senior Center, Museum, Public Safety Building, Fire Stations I and II, the reservoir and the Library with low energy lighting and recommended awarding the contract to low bidder Dahl's Electric. $16,807 of the $33,503 cost will be covered by a grant from PSE and the rest will come from department budgets and the facilities budget. The estimated first year cost savings is$4,100 and the simple payback is 3.8 years. Mr. Geer said this is the right step to save the City both energy and money and moved, seconded by Mrs. Pickett, to approve the project. Mr. Adams thanked the City and Mr. Pittis for shrinking the City's carbon footprint with this project and reminded that residents can do the same at home. Mr. Geer said that residents can save up to 40% of their electric bill by changing out all their light bulbs to low energy bulbs. Vote: Ayes— Richardson, Geer, McKeown, Petrish, Pickett, Adams and Turner. Motion carried. Contract Award: South Fidalgo Bay Road (Old Brook Lane)Access and Clearing Mr. Buckenmeyer summarized the City's plan to plat and develop its land in the vicinity of Sharpes Corner. The City received a $250,000 Skagit County Economic Development Grant for this area. Part of the grant was used to design an access road to connect South Fidalgo Bay Road to Old Brook Lane and now the City would like to use more of the grant funds for Phase I construction including logging, clearing and grubbing, rough site work and roadway construction. Mr. Turner moved, seconded by Mr. Geer, to contract with Welch Brothers to perform the work which is estimated to cost$64,857. Vote: Ayes—Geer, McKeown, Petrish, Pickett, Adams, Turner and Richardson. Motion carried. Resolution: Setting Property Tax Levy for 2010 Finance Director Steve Hoglund presented a resolution to declare substantial need in order to implement a 1% property tax levy increase for 2010. Mrs. Richardson moved, seconded by Mr. Turner, to approve Resolution 1791. Mr. Geer reminded that the 1% increase is the equivalent of the salary of one employee. Mr. Adams stated that the budget is already very lean and responsible so he supports taking the 1% increase. Mayor Maxwell reminded that sometimes in the 1990's the City took no increase even though it was entitled to up to 6% but this year the City needs it and for an average house in Anacortes the increase is only about$6. Vote: Ayes—McKeown, Petrish, Pickett, Adams, Turner, Richardson and Geer. Motion carried. Executive Session— Fifteen (15) Minutes At approximately 9:05 p.m. the Mayor, Council and City Attorney Brad Furlong convened in Executive Session to discuss potential litigation for approximately fifteen minutes. Mr. Furlong announced that no formal action was anticipated. At approximately 9:20 p.m., the Council reconvened and without taking any further action, the regularly scheduled meeting of November 16, 2009 was adjourned. Anacortes City Council Minutes November 16, 2009 4