HomeMy WebLinkAbout2009-10-19 City Council Minutes Approved OS2 Y Off`,
City Council Minutes—October 19, 2009
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 19, 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. Petrish moved, seconded by Mrs. Pickett, that the minutes of October 5, 2009 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
Tommy Thompson Trestle Fire: At Mayor Maxwell's request Parks Director Gary Robinson provided an
update on the trestle fire that started Thursday, October 15. Approximately 400 feet of the trestle were
damaged. The Department of Ecology Spill Response Team is working on clean up. HDR Engineering
has begun a structural evaluation of the remaining structure. Mr. Robinson noted that the community has
been terrifically supportive of getting the trestle re-built and the City is committed to rebuilding. The
Anacortes Police Department is investigating suspicious causes of the fire. The Parks Department is
asking the public to stay out of the area until the investigation is complete. The Anacortes Parks
Foundation is offering a reward of$500 for any information leading to arrest and conviction. Mr. Robinson
thanked the many organizations that joined in to help with fire fighting and clean up including Fire Districts
13, 11, 17 and the La Conner Fire Department, Shell Refining, Tesoro Refining, the Port of Anacortes,
Washington State Dept. of Ecology, Samish Nation, Swinomish Tribal Police, Anacortes-San Juan Red
Cross, Central Valley Ambulance, Skagit County Dept. of Emergency Management, and City staff from
many departments. The cooperative efforts were impressive. Mr. Geer thanked Pizza Factory and Bob's
Chowder Bar for immediately providing donated food on site for the fire fighters. Chief Bowers
encouraged anyone having information about the fire to call the Police Department Tip Line at 299-1985.
Fire Department Division Chief John Bird reported that this was a difficult fire to fight due to one lane
access and distance from water supplies. The fire boats provided by La Conner, Swinomish Tribal Police
and Tesoro and Shell refineries were very helpful. Mayor Maxwell reported that the trestle is not and
could not be insured but that there has been an outpouring of community support to rebuild it. Mr. Petrish
asked if the fire might have been started by a time delay device. Mr. Robinson said they have not found
the source of the fire. Mr. McKeown asked if there was any video data from the refineries. Chief Bowers
said there are several hours of videotape and the Police Department is reviewing it.
Reappoint Museum Advisory Board Member Nancy Mathews: Museum Director Steve Oakley requested
that Nancy Mathews, who is currently fulfilling an unexpired term, be reappointed to a new four year term.
Mrs. Richardson thanked the Museum Board for all its work and moved, seconded by Mr. Geer, to
approve the appointment of Nancy Mathews to a four-year term on the Anacortes Museum Advisory
Board to expire in October 2013. Vote: Ayes— Pickett, Adams, Turner, Richardson, Geer, McKeown and
Petrish. Motion carried.
Unfinished Business
San Juan Passage NGPE Shoreline Landscape & Management Plan
Mr. Robinson referred to the packet materials provided by Gilbane and the Parks Department reporting
on the view clearing landscaping performed on test Lot 11. Minor revisions have been made to the Plan
to clarify procedures based on actual field conditions. Mr. Robinson asked that Council accept the work
done on Lot 11 and give Gilbane permission to clear Lots 12 and 13 according to the revised Plan and to
clear all the lots outside of the NGPE (Lots 1-10). He proposed that after that work is done and the results
are more apparent that Council make a site visit and then make a final determination on the rest of the
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lots. If all is found to be satisfactory, Mr. Robinson would recommend that Council allow Gilbane to
proceed three lots at a time with view clearing the remaining NGPE lots. Russ Lindquist of Gilbane
thanked the City for working with them and said he looks forward to proceeding expeditiously as outlined
by Mr. Robinson. Mr. McKeown asked what happens when the alders start growing back. Mr. Robinson
explained that photos will be taken of each lot immediately after view corridor clearing and then again
after the home is built. The photos will form the baseline for future trimming for which homeowners can
request permission every three years. Mrs. Richardson reminded that Council had asked for the NGPE
lots to be cleared one lot at a time, not three at a time. She suggested proceeding conservatively because
future applicants may not be as careful as Gilbane has been and asked that Council reserve its decision
on the lot increments until after the proposed site visit. Mrs. Richardson moved, seconded by Mrs. Pickett,
to allow Gilbane to clear the next two NGPE lots next to Lot 11 and then schedule a Council site visit, to
allow Gilbane to hand clear the entire buildable area outside the NGPE, and that after the site visit
Council will determine how to proceed with the remaining lots. Vote: Ayes—Adams, Turner, Richardson,
Geer, McKeown, Petrish and Pickett. Motion carried.
Anacortes Community Forest Lands Comprehensive Plan
Mr. Robinson reviewed Plan revisions staff made based on the discussion at the October 5, 2009 regular
City Council meeting. Regarding page 5, paragraph 3, Mr. Petrish expressed concern about the added
phrase "and enhancing recreational opportunities." He said "enhancing" is open ended and that he would
prefer to maintain the forest rather than enhancing recreational uses. Mrs. Richardson observed that the
paragraph as a whole calls for enhancing both habitat and recreation. Mr. Petrish objected that
"enhancing" is not defined and that the environment has to take precedence over recreation. Mr.
McKeown stated he does not want recreational activities "enhanced". Mr. Geer said recreation is a fact,
that the City needs to maintain and enhance recreation and habitat both, and that the Plan language
needs to reflect that. Mrs. Pickett said the phrase "enhancing recreational opportunities" is not sufficiently
defined. Mr. Turner said it was his idea to add this language and clarified that his intent was to ensure the
plan recognizes recreation is important, balanced with conservation. Mr. Adams said that"enhancing
recreation" changes the whole meaning of the Plan and that he did not support that language. The Mayor
observed that the majority appeared to want to remove the word "enhance".
Regarding page 5, paragraph 4, Mr. Petrish said the new sentence, "The ACFL has become a regional
destination and should be managed to accommodate this use," is not acceptable to him and that he
doesn't think the ACFL needs to cater to regional visitors. Mr. Geer disagreed, said it is important to
manage the ACFL properly for visitors, and said he supports the proposed language. The Mayor polled
the Council on this question. Mr. McKeown proposed alternative language. Mrs. Pickett called the text
proposed by Mr. Robinson the most neutral and supported it. Mr. Adams said the ACFL is a City facility,
not a regional park, and to manage the ACFL as a regional park would require additional resources. Mr.
Turner said he approves of Mr. Robinson's proposed language. Mrs. Richardson said either is fine. The
Mayor asked for a show of hands. Councilors Pickett, Geer and Turner preferred Mr. Robinson's
language. Councilors McKeown, Petrish, Adams and Richardson preferred Mr. McKeown's language:
"Use in the ACFL from local and regional residents has increased as people seek out its natural beauty
and recreational opportunities and should be maintained to accommodate this use."
Regarding Page 9, Item G, Mrs. Richardson proposed using "climbing and scrambling areas" rather than
"climbing areas and scrambles."All agreed. Mr. McKeown clarified that the Forest Advisory Board will
approve the routes as recommended by the Mt. Erie committee.
Regarding Page 10, new item (I) Off Leash Dog Area, Mr. McKeown praised the new language. Mr.
Petrish said finding areas for off leash dogs shouldn't take several years. Mr. McKeown agreed with Mr.
Robinson that areas outside the ACFL might provide a better solution.
Regarding Page 18 modifying and adding language about Mt. Erie, Mrs. Richardson suggested that the
City Council, not the Forest Board, should determine policies regarding insurance and so asked to add
"established by the Forest Board with Council approval"to the sentence in Item (2). All agreed.
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Regarding Page 25, new item (10), Mrs. Pickett asked if the intent is really to make new trails. Mrs.
Richardson said some existing trails might just be modified or re-designated. Mr. Robinson will strike the
word "additional."All agreed. Also on page 25, all agreed with the language specifying the Mt. Erie
Committee members.
Regarding changes to Page 41 clarifying the process for amending the trail plan, all agreed with the new
language. Regarding Page 48, item 1.a.3, and Page 49, item b.1, all agreed with the new language.
Regarding Page 51, Mrs. Richardson asked about item 12 which requires motorcyclists to kill the engine
when they meet other trail users; she proposed they should stop but not kill the engine. Mr. Robinson
agreed. Mr. Petrish said motorcycles should have to go slower than 15 mph. Mr. McKeown said he thinks
motorcyclists should have to kill their engines to curtail noise. Mr. Turner said restarting an engine next to
a horse might spook the horse it just as much.
Regarding Page 53, the ACFL trail committee will get additional members representing dog walkers and
persons with disabilities. Mrs. Richardson agreed. Mr. Robinson said he'll clarify the use of the terms
walker and hiker in the next version. Mayor Maxwell asked if Council was ready to adopt the ACFL
Comprehensive Plan or wanted to see another draft. Council agreed that Mr. Robinson will bring back
final drafts and corresponding ordinances in two weeks.
Consent Agenda
Mr. Geer moved, seconded by Mr. McKeown, to approve the following Consent Agenda items. Vote: Ayes
—Richardson, Geer, McKeown, Petrish, Pickett, Adams and Turner. 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 October 8, 2009 and October 15, 2009 are approved for payment as of this date
October 19, 2009.
Claims Warrants
October 2009: Warrant Numbers 52879 through 53080 in the total amount of$800,032.47
EFT
October 2009: EFT Numbers 52871 through 52878 in the total amount of$2,222.94
Payroll for October 20, 2009 in the total amount of$509,767.08
Warrant Numbers 34145 through 34188 in the total amount of$42,095.80
Direct Deposit from 32693 through 32865 in the total amount of$302,874.27
EFT Numbers from 1039 through 1046 in the total amount of$164,797.01
In the same motion Council:
Accepted the Anacortes Family Center project (08-006-DCM-001) by Schwetz Construction, Inc. as
complete.
Public Hearing: 2010 Budget
Finance Director Steve Hoglund presented the 2010 budget which is a balanced budget using very
conservative revenue projections. Significant expenditure reductions have been achieved, 16% overall,
largely in the capital budget. No service cuts are projected. Mayor Maxwell opened the public hearing and
invited public testimony. No one present wished to speak. Mayor Maxwell then closed the public hearing.
Mr. Geer offered kudos to the Mayor and City staff for balancing the budget in such tough times.
Initiative 1-1033 Informational Presentation
Mayor Maxwell announced that the City Council will not be taking a position on the initiative and
welcomed the school board members in the audience. The Mayor introduced Jim Justin of the
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Association of Washington Cities who presented an overview of the initiative measure. The AWC has not
taken a position for or against the initiative but is working to educate cities about the potential impacts of
the initiative. The initiative would limit growth in revenues deposited into the general fund from all sources
including taxes, fees and other charges, not just property taxes. It applies to the State, counties, and
cities. Revenues collected that exceed the cap would have to be refunded via property taxes. The base
year is 2009 and all future budgets would be calculated based on that with adjustments for inflation and
population growth. If population shrinks or deflation occurs, the revenue cap shrinks too.
Mayor Maxwell asked Mr. Hoglund to outline potential impacts to Anacortes if Initiative 1033 passes.
Because we don't have information to project accurately into the future, Mr. Hoglund demonstrated what
would have happened to the City's revenue if 1-1033 had gone into effect in 2001. By 2009, the City's
property tax levy would be down to $1.2M instead of the actual $4.1 M. From an individual perspective,
the owner of a $300,000 house would have a $150 property tax bill (city portion only) by 2009 compared
to $452 actual. Citywide, the $2.8M difference in revenue is nearly the size of the entire fire department
operating budget. Mayor Maxwell underscored that if 1-1033 had passed in 2001, the City would now be
missing an operation the size of its fire department.
Mr. Turner pointed out that under 1-1033 if a natural disaster occurs the City won't be able to fund
recovery without going to the voters the following year. Mrs. Richardson asked Mr. Justin to clarify that
fees as well as sales tax revenue coming in to the general fund would have to be refunded via property
tax reductions if revenue exceeded the cap. Mr. Justin concurred. Mrs. Pickett clarified that if inflation
goes down, the revenue cap goes down also so the revenue floor can in fact keep sinking. Mr. Geer
asked howl-1033 would impact school class size. Mr. Justin replied that the state education budget
would shrink. Some school districts might be successful at going to voters for larger levies but that could
result in some districts getting richer and others getting poorer. The public is welcome to email questions
to Mr. Justin at jimj@awcnet.org.
At approximately 9:16 p.m. Mayor Maxwell called a seven-minute break.
At 9:23 p.m. Mayor Maxwell called the meeting back to order.
Public Hearing: Petition to Vacate Right of Way/Encroachment at Weaverling Road (Samish Indian
Nation)
Mayor Maxwell noted that this and the following agenda item were continued from the October 5 regular
City Council meeting. Assistant Planning Director Don Measamer outlined the request from the Samish
Indian Nation. The vacation request for 28 square feet facilitates an existing encroachment. Staff and the
Board of Adjustment both recommended approval. Public notice went out and no comments were
received. Mrs. Richardson asked why this wasn't handled with an encroachment agreement since the
vacation creates an irregular road edge. Mr. Measamer explained that an encroachment wouldn't allow
the Samish to satisfy the deed and ownership requirements of the Bureau of Indian Affairs. Mrs. Pickett
asked if the City could just narrow the roadway by two feet to keep the edge of the road a straight edge.
Mayor Maxwell advised that the City wanted to address the minimum amount of land required by the
Samish and opened the public hearing. No one wishing to testify, the Mayor then closed the public
hearing. Mr. McKeown asked for confirmation that the vacation does not touch any environmentally
sensitive areas. Mr. Measamer confirmed. Mr. Geer moved, seconded by Mr. Turner, to approve the
vacation. Vote: Ayes— Richardson, Geer, McKeown, Petrish, Pickett, Adams and Turner. Motion carried.
Public Hearing: Petition to Vacate Right of Way at 37th Street (Michaud)
Mr. Measamer outlined the request from Frank and Priscilla Michaud to vacate 724 square feet of
Commercial Avenue right-of-way at 919 37th Street. The Store already encroaches on the Commercial
Avenue right-of-way. The Board of Adjustment recommended approval. Public notice was posted and no
public comment was received. Mayor Maxwell opened the public hearing. No one wishing to testify, the
Mayor then closed the public hearing. Mrs. Richardson asked why the vacation doesn't extend all the way
to the south property line to make a straight line. Mr. Measamer advised that the Public Works
Department wants to retain the portion of the right-of-way north of the vacation and the Michauds are not
in a position to pay for the portion south of the vacation request. Mrs. Richardson noted that the map
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presented on the screen was slightly different from that included in the packet. Mr. Measamer concurred
that the vacation request is now for a slightly larger area. Mr. Turner moved, seconded by Mr. Adams, to
accept the vacation request. Vote: Ayes—Geer, McKeown, Petrish, Pickett, Adams, Turner and
Richardson. Motion carried.
Ordinance 2804: Roll Off Container Collection Contract
Marc Krueger presented an ordinance to implement the roll on/roll off collection agreement with Waste
Management. Mayor Maxwell advised that the City has been working on this for years and will now have
the option of contracting out the service or performing it with City staff. Mr. Turner said the Public Works
Committee has discussed this issue and that it only makes sense for the City to control this service. Mr.
Turner moved, seconded by Mr. McKeown, to approve Ordinance 2804. Mrs. Richardson clarified that
Waste Management will continue to provide service for now but the City could bring it in house later. Mr.
Krueger confirmed. Users will see no change in service and rates will adjust with the Consumer Price
Index as they do now. Vote: Ayes— McKeown, Petrish, Pickett, Adams, Turner, Richardson and Geer.
Motion carried.
Ordinance 2805: Land Purchase by ACFL from Sewer Fund
Mr. Hoglund outlined the particulars of the ordinance by which the ACFL Management Fund would
purchase 160 acres from the Sewer Fund. The Sewer Fund purchased the land in 1989 but has never
used it and it is contiguous with the ACFL. The ACFL will pay in five equal annual installments beginning
December 31, 2009 with the interest going to the Sewer Fund. The draft ordinance in the packet uses a
0.60% interest rate but the State Auditor's Office said that wasn't an accurate reflection of the use of
money so now the 5-year Treasury bill rate will be used, 2.35%. Mr. Turner moved, seconded by Mr.
Geer, to approve Ordinance 2805. Vote: Ayes—Petrish, Pickett, Adams, Turner, Richardson, Geer and
McKeown. Motion carried.
There being no further business, at approximately 9:40 p.m. Mayor Maxwell adjourned the regularly
scheduled meeting of October 19, 2009.
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