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HomeMy WebLinkAbout2009-10-05 City Council Minutes Approved OS2 Y Off`, City Council Minutes—October 5, 2009 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 5, 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 Mr. Petrish, that the minutes of September 14, 2009 and September 21, 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. Unfinished Business Anacortes Community Forest Lands Comprehensive Plan Parks & Recreation Director Gary Robinson recapped the status of the draft ACFL Comprehensive Plan which received a public hearing before Council on September 8. Mr. Robinson suggested that this session be used to work through any adjustments Council may wish to incorporate into the Plan, then staff will make the changes and bring them back in two weeks for Council review along with the finalized Parks & Recreation Department Comprehensive Plan so that both can be formally adopted by Resolution. For this evening, Mr. Robinson suggested beginning with Mrs. Richardson's written comments included in the Council packet and those dated October 4 that were distributed prior to the meeting, then work through Mr. Robinson's September 29 Council Packet Memo, then address Mr. Turner's comments included in the packet, then address any remaining items Councilors wished to raise. Mr. Robinson noted that ACFL staff including Jonn Lunsford, Dave Oicles and Bob Vaux were present to answer questions. Mr. Turner read a prepared statement: His three areas of concern are motorcycles, climbing on Mt. Erie, and the mission of managing the ACFL. First, he'd like Council to set a timeline to remove motorcycles from the ACFL or somehow separate them in space and/or time from other user groups. Second, he would like all existing climbing and scrambling trails on Mt. Erie to be grandfathered in. He feels climbers are a very responsible user group who should be accommodated with as little interference as possible. Finally, the core mission of ACFL management described in the Plan introduction should be changed to read "areas will be managed to maintain and enhance recreation while maintaining the unique environment and wildlife habitat for local residents." Because the ACFL is a Critical Area the City needs to ensure that recreation is valid use or it may face legal challenges. Mr. and Mrs. Turner placed a conservation easement on their property on the south side of Mt. Erie and gave the City an access easement across that property specifically intending that it be used for recreation as well as conservation. Mr. Robinson turned to Mrs. Richardson's revisions that were included in the Council packet, noting that most of them were straightforward and not controversial. He recommended accepting Mrs. Richardson's proposed change to page 18 of the Plan regarding the makeup of the Mt. Erie Committee: three rock climbers/scramblers, one naturalist and one at large Anacortes citizen. Mr. Robinson reported that the Kiwanis Club, which donated a portion of Mt. Erie to the City, does not feel it needs to be represented on the committee. Mrs. Richardson, who belongs to Kiwanis, confirmed that. Mr. Robinson explained that having an at large member who has no direct interest in a topic has been very useful on other committees. Mr. Robinson observed that all Councilors appeared comfortable with that change. Mr. Geer referred to Mrs. Richardson's October 4 comments and questioned why three months advance notice would no longer be required from instructional climbing groups. Mr. Robinson deferred that question and directed the discussion to the first of Mrs. Richardson's October 4 comments which proposed to change page 4, paragraph 4 regarding the goal of the plan to read "... while maintaining and enhancing recreational opportunities for local residents and visitors." Mr. Robinson stated that the Forest Anacortes City Council Minutes October 5, 2009 1 Advisory Board and staff welcome visitors to the ACFL but have tried to focus management efforts on local residents and have not promoted the ACFL outside Fidalgo Island. Mrs. Pickett acknowledged visitors are a reality but wondered how enhancing the ACFL for visitors would affect the experience for local residents. She favored the original language that did not mention visitors. Mr. Turner said the intent is to signal to visitors that we're not trying to keep them out. He's happy to have different language as long as it welcomes visitors. He noted that visitors do often spend money in town when they visit the ACFL. Mr. McKeown suggested that the language should express that everyone is welcome, that's the kind of community we want to be. Mr. Geer agreed with Mr. McKeown that he wants Anacortes to welcome visitors everywhere in town and to explicitly manage the ACFL to welcome them. Mr. Robinson offered to draft alternative language that will welcome visitors while still managing for local enjoyment. Mrs. Pickett observed that 25 years ago the Forest Advisory Board wanted to focus on local use because the City didn't have police powers in the ACFL. She noted there is some marginal sales tax revenue coming in from visitors to the ACFL but questioned if they contribute sufficiently to cover the cost of managing the ACFL for their visits. Mr. Robinson noted that staff doesn't send ACFL maps around the country but if someone calls to request one the City is happy to oblige; City staff welcome guests but do not promote the ACFL to them. Mayor Maxwell asked that Mr. Robinson draft some new language for Council review. Mrs. Richardson said she has no problem with Mr. Turner's proposed language for this sentence, which changes the emphasis slightly without explicitly mentioning visitors. Mr. Adams said he is hesitant to mention enhancing recreational opportunities because recreation can damage habitat; he urged maintaining a balance. Mr. McKeown agreed with Mr. Adams and said he supports the existing draft language. Mr. Petrish stated he had no strong feelings whether or not this passage should be revised. Mr. Turner reiterated that his understanding is that because the ACFL is a Critical Area the City must manage it for recreation; if the City makes conservation its main character the City may face legal challenges. He wants to be sure recreation is explicitly allowed. Mr. McKeown felt it could play the other way if the language is rewritten. Mr. Geer said the current management practices have been working and the language should probably stay as is. Mayor Maxwell noted that four Councilors favor leaving the draft language as proposed. Mr. Robinson directed attention to Mrs. Richardson's proposed changes to page 13 of the Plan regarding climbing group requirements. Mr. Robinson welcomed all of Mrs. Richardson's proposed changes except the change to require permits only from recreational climbing groups rather than all recreational groups of 25 or more people. The permit requirement was implemented for all City parks after consultation with the City's insurance carrier. For example, people request weddings with 25 or more people on the top of Mt. Erie and the ACFL Comprehensive Plan needs to require a permit from them, too. Mrs. Richardson thought the entire paragraph applied only to climbers and asked if weddings have to carry insurance. Mr. Robinson said no, not unless they charge a fee. Mr. Turner reminded that the City is going to be getting an opinion from its insurance carrier and suggested this issue could be revisited after that. Mr. Robinson said Mrs. Richardson's proposed language is fine except for the one word "climbing" before groups. Her proposal leaves the City plenty of latitude to deal with insurance issues. Mrs. Richardson stated that had been her intent, to take specific details out of the Comprehensive Plan so they can be adjusted by staff and Council without having the amend the Comprehensive Plan. Mr. Adams asked if the new language would require Council to pass an ordinance setting insurance requirements. Mr. Robinson said an ordinance would probably not be necessary though Council could set a policy. Right now staff is relying on advice from its insurance carrier and its former City Attorney. Mayor Maxwell asked to take the insurance issue off the table for this meeting until more data is obtained. Mr. Robinson turned the discussion to Mrs. Richardson's proposed change to pages 17-18 of the Plan to add a new policy to establish additional walker-only trails on "easy"terrain. Mr. Robinson supported that proposed change. Mr. Geer asked if there's a rating system for hiking trails. Mrs. Richardson and Mayor Maxwell pointed out ratings appear on the back of the trail maps. Mrs. Richardson explained that she proposed this policy because the existing walker-only trails are mostly the steeper, more difficult ones. She suggested the City needs to accommodate its senior population, small children and others with less robust mobility. Mr. Robinson agreed. Mr. Robinson turned next to Mrs. Richardson's proposed change to page 32 of the Plan regarding Hiker Rules and Regulations. Mrs. Richardson would allow off-trail travel in designated climbing and scrambling Anacortes City Council Minutes October 5, 2009 2 areas on Mt. Erie. Mr. Robinson objected that this change would give carte blanche to climbers and scramblers which is precisely what the draft Comprehensive Plan is trying to avoid. In this case the City is responding to complaints that climbers and scramblers were putting in too many bolts, damaging vegetation, etc. Mr. Robinson suggested the new Mt. Erie Committee should address those issues. Mrs. Pickett agreed that the Mt. Erie Committee should work through the question and come up with an answer. Mrs. Pickett said she would leave out the exception proposed by Mrs. Richardson. Mrs. Richardson said she was trying to respond to public testimony that stated climbing doesn't use trails, it uses routes, and scrambling by definition is off trail. She argued that prohibiting off trail use outlaws scrambling. Mr. Robinson suggested instead, "Traveling off trail is prohibited except as otherwise allowed,"which would let the Mt. Erie Committee "allow" it in specific circumstances. Mrs. Pickett pointed out that climbers and scramblers aren't hikers so they aren't subject to the Hiker Rules and Regulations anyway. Mrs. Richardson maintained that the language needs some sort of change to allow climbing and scrambling. Mayor Maxwell asked Mr. Robinson to draft some alternative language. Mr. Turner agreed with Mrs. Richardson. Mr. Robinson moved on to Mrs. Richardson's proposed change to page 35 of the Plan regarding the membership on the ACFL Trail Committee. Mrs. Richardson proposed to add two new members to represent dog walkers and persons with disabilities. Mr. Robinson agreed that adding a dog representative would be a good idea but cautioned that the ACFL has few ADA-accessible areas now so it may not be a productive topic for the Trail Committee. Mr. McKeown noted that disabled people have climbed Mt. Everest and should be welcome on the committee. Mrs. Richardson explained that she was trying to add perspective to the Committee. Council agreed to add both positions to the Committee. Mr. Robinson then asked Council to address the issues raised in his September 29 Council Packet Memo. Mr. Robinson recommended that off-leash dogs continue to be prohibited in the ACFL but as previously discussed that a dog walker be added to the ACFL Trail Committee. Mr. Petrish said there should be areas where dogs can run off leash because it's already happening and we have no way to enforce it now. He asked to make responsible off-leash dog walking legal. Mr. Petrish also reiterated that there should be water access for off-leash dogs somewhere on the island. Mr. McKeown noted that his own friendly but very large dog is intimidating to others but he'd like to have the dog with him in the woods. Mr. McKeown noted that dogs swim off leash at Little Cranberry Lake and Heart Lake now and asked Mr. Robinson if that is legal. Mr. Robinson said it isn't. Mr. McKeown asked how the City enforces the leash law there. Mr. Robinson said ACFL staff tell people to leash their dogs when they see them off leash. Mr. McKeown said he's hasn't seen anyone ask owners to put swimming dogs back on leash. Mr. McKeown said the City needs to allow for this use. Mrs. Pickett noted that her own dog's behavior is unpredictable and she opposes off-leash dogs in the woods. She acknowledged that it happens all the time but feels people gauge the situation and use common sense now. She argued that the leash law means that most people at least carry a leash. She feels the leash law also offers a little better legal recourse if someone is hurt by an off-leash dog. Mr. Geer agreed with Mrs. Pickett that having the leash law makes control of the dog the owner's responsibility and he urged leaving the leash law in place. Mr. McKeown agreed with Mrs. Pickett and Mr. Geer but suggested some more creative solution. He observed that at Washington Park cars are not allowed before 10 a.m. and suggested offering designated areas for off-leash dogs only at certain hours or on certain days. Mr. Adams noted that not all dog owners are responsible. He said when he encounters a dog while running in the woods he never knows if he is safe or not; that sort of uncertainly is not fair to impose on the rest of the ACFL users. Mr. Adams noted the success of the dog park. Mr. Petrish expressed his opinion that owners need to relate with their dogs out in the open. He again requested a designated area for off-leash dogs that wouldn't conflict with other users. Mr. Turner stated there is a primeval fear of dogs and he's never advocated for off-leash dogs throughout the ACFL but claimed the Parks Department's own survey showed that half of the walkers in the ACFL have dogs. He said the City needs to allow off-leash dogs somewhere, as an experiment, perhaps for limited hours, and the Heart Lake parking lot would be logical because it has easy access and people don't really walk through it. Mrs. Richardson suggested that the City retain the leash law out of respect to other users and to be consistent throughout the City but in the next few years look for somewhere, whether Washington Park or the ACFL or somewhere else, where dogs can run off-leash in the wild. She suggested that the Heart Lake Master Plan currently being drafted could consider this issue. Mayor Maxwell allowed Mrs. Richardson's summary to conclude the discussion of that topic. Anacortes City Council Minutes October 5, 2009 3 Mr. Robinson turned to the topic of motorcycles in the ACFL. The Forest Advisory Board was pressured both to ban them and to not curtail their use at all. He called the proposed changes a compromise and supported the language in the draft Plan. Mr. McKeown asked the rationale for allowing dual sport bikes larger than 250 cc. Mr. Robinson said they do less damage because they have less torque, spin out less, and attract a different style of rider. Mr. McKeown doubted that a 650 cc dual sport bike would cause less trail damage and might cause more. Mr. Geer asked how fast motorcycles can go on the trails. Mr. Robinson said it depends on the terrain. Mayor Maxwell said dual sport bikes have a less knobby tread than a trail bike. Mr. Petrish referred to the motorcycles that were made available for viewing behind City Hall before the meeting and stated that he asked one of the riders to ride his 250 cc bike at the legal trail speed limit of 15 mph. Mr. Petrish observed that seemed to be a pretty good clip for a trail with restricted visibility and obstacles. He stated there should be a dedicated place for motorcycles to ride motocross style where they don't interact with other users. Mr. Geer asked the reason for the proposed winter closure. Mr. Robinson said wet trails are more easily damaged. Mr. Geer observed that all these discussions come back to responsible user behavior. He doesn't favor banning any user groups and wants to maintain access for all the user groups but manage the ACFL for responsible recreation. Mrs. Pickett thanked everyone who testified and wrote letters and submitted some good creative ideas such as motorcycle permits or parking passes. Mr. Petrish stated that the solution is not to ban users but to separate user groups so they don't conflict. Mr. Turner said the problem with motorcycles isn't trail damage, noting that horses damage trails also, but rather safety. Mr. Turner stated that everyone he has talked to has asked to eliminate motorcycles. Mr. Turner doesn't want to do that but he does want to allow them somewhere or at times separate from all other user groups. He acknowledged more dense motorcycle use in one area would increase trail damage there. Mrs. Richardson reported she rarely encounters a motorcycle while walking in the woods and wondered if the issue was being blown out of proportion. She said Mr. Turner's suggestion of a motorcycle-only area is attractive but looking at a map it is hard to come up with a place. Hikers don't want to give up any part of the woods. She suggested more trails for walkers only rather than a few trails for motorcycles only. Mrs. Richardson did not see the point of the engine size restriction and would rather see the 250 cc maximum and dual sport exemption deleted. Mr. McKeown noted the restrictions on engine size and 4-stroke configuration are not just about trail damage but about noise. Mr. Robinson agreed. Mr. McKeown said that's the reason to keep the 250 cc limit. He reported that he encounters motorcycles a lot in the woods and they are very noisy. Mr. McKeown supported a separate area for motorcycles and suggested the former City dump site on A Avenue. Mr. Robinson said the Dept. of Ecology is very reluctant to allow motorcycles at that recently capped reclamation site. Mayor Maxwell observed that eliminating 2-stroke motorcycle engines would get rid of the noisiest bikes. Mr. Robinson said the intent in allowing motorcycles in the ACFL is for them to ride slowly, not to ride motocross-style. Mr. McKeown reported he has seen plenty of the latter. Mayor Maxwell noted that the really serious motorcyclists are now mostly going elsewhere. Mrs. Richardson pointed out that engine size matters less than muffler type for noise control. Mayor Maxwell reminded that any off-road motorcycle has to have a spark arrester. Mr. Adams acknowledged that motorcycles do have a long history in the woods and noted that if all motorcyclists followed the rules the Plan wouldn't need any changes but it does need to define the direction the City wants to go in regards to motorcycles. He supported the existing proposed language in the Plan. Mr. Petrish asked for statistics about user groups. Mayor Maxwell reminded that the public hearing is closed and no new testimony can be introduced tonight. Mr. McKeown clarified that 4-stroke engines also emit less pollution than 2-stroke engines. Regarding Mt. Erie, Mr. Robinson noted the Plan calls for forming a Mt. Erie Committee that will address climbing and scrambling routes and all other Mt. Erie issues. He suggested Council retain the draft Plan language except for changing the make up of the Mt. Erie Committee as discussed earlier in the evening. Mr. McKeown observed that climbers are generally very environmentally conscious and they'll be even more careful now. Mrs. Richardson said creating the Mt Erie Committee is a very positive step and noted that while the Committee has only five members it can reach out to many other resource people to develop sound policies and will give climbers a place at the table. Mr. Geer opposed putting any more restrictions on climbers. He feels the management of the mountain is working fine and would like it left alone. He would like the world to discover the jewel that is Anacortes and said welcoming climbers to Mt. Erie is one way to do that. Mrs. Pickett noted the parking problems at the top of Mt. Erie when large climbing groups arrive so the Parks Department needs some tools to keep the peace up there. Mr. Anacortes City Council Minutes October 5, 2009 4 Robinson reminded that it was local people, largely climbers, who complained about large groups of outsiders coming to the mountain and asked to have better management which is why the City is addressing it now. Mayor Maxwell said it is appropriate for a large group to pick up the phone ahead of time. At 8:54 p.m. Mayor Maxwell called a ten minute break. Mrs. Richardson clarified that Mr. Robinson will bring back a semi-final draft to a future Council meeting. Mr. Turner asked when the insurance carrier's opinion would come back to Council. Mayor Maxwell stated that he would report back to Council on that issue. At 9:02 p.m. Mayor Maxwell called the meeting back to order. Consent Agenda Mr. Petrish 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 September 24, 2009 and October 1, 2009 are approved for payment as of this date October 5, 2009. Claims Warrants October 2009: Warrant Numbers 52703 through 52870 in the total amount of$410,808.74 EFT October 2009: EFT Number 52702 in the total amount of$70.00 Payroll for October 5, 2009 in the total amount of$816,964.29 Warrant Numbers 34091 through 34144 in the total amount of$55,362.46 Direct Deposit from 32496 through 32692 in the total amount of$512,005.74 EFT Numbers from 1034 through 1038 in the total amount of$249,596.09 Cancellation of Warrants Claims Warrant Number 47236 in the total amount of$99.00 EFT Warrant Numbers 52512-52519 in the total amount of$2,289.94 In the same motion Council: Approved a Street Fair Application for the Anacortes High School Homecoming Parade on Friday, October 9, 2009 from 3:00 p.m. to 4:00 p.m. Public Hearing: Petition to Vacate Right of Way/Encroachment at Weaverling Road (Samish Indian Nation) Planning Director Ryan Larsen advised that due to an inadvertent omission of publication in the newspaper this scheduled item was continued to Monday, October 19, 2009. Public Hearing: Petition to Vacate Right of Way at 37th Street (Michaud) Planning Director Ryan Larsen advised that due to an inadvertent omission of publication in the newspaper this scheduled item was continued to Monday, October 19, 2009. Noise Variance Request: Pacific Pile/Port of Anacortes Dredging at Former Scott Paper Mill Site Assistant Planning Director Don Measamer reviewed the briefing in the Council packet, noting that Bob Elsner and Bob Hyde from the Port of Anacortes were in attendance to provide additional information. Anacortes City Council Minutes October 5, 2009 5 Pacific Pile and Marine requested a noise variance because while performing its night dredging operations sound levels may exceed 45 dBA which is the maximum allowed in a residential zone between 10 p.m. and 7 a.m. The requested duration for the variance is September 10, 2009 through January 15, 2010 and July 15, 2010 through December 31, 2010 but the Port now needs to extend that slightly. The work underway is dredging and removal of contaminated material at the former Scott Paper Mill site. Mr. Measamer introduced Port of Anacortes Director of Engineering Bob Elsner who clarified that dates requested end January 31 and begin again on June 15, 2010. Pacific Pile has to chase the tides into the shore to do the dredging. The Port asked the contractor to take noise readings on the hydraulic dredge both while idling and while working. The readings 100 feet from the dredge were 64 and 70 dBA, next to the Seafarer's Memorial the readings were 52 and 55 dBA, and at Rotary Park the readings were 51 and 53 dBA. Mr. Elsner reported that the dredge has been configured to minimize noise and other environmental impacts. The variance is for the whole period but won't be needed the whole time. There will be no trucking, shoreline excavation, etc. performed at night, only dredging. Mr. Geer recalled that the dredge only operates in 3-hour shifts. Mr. Elsner confirmed that for the current operation it takes three hours for the dredge to load the barge, then the dredge is idle while the barge makes the 7-hour trip to the disposal site in Everett. In December when they begin excavating material that requires upland disposal the barge will only travel as far as Pier 2 and the cycle time will increase. Mrs. Richardson noted that the variance is requested for a nine-month window and asked Mr. Elsner to confirm that night work will only take place on occasional dates during that time when the tides are favorable. Mr. Elsner concurred. Mrs. Richardson was not in favor of approving loud night work every night for nine months. Mr. Elsner introduced Pacific Pile and Marine Project Foreman Greg Anderes, 3237 22nd Ave W in Seattle. Mr. Anderes explained that Pacific Pile will work from the shoreline towards the water with an excavator and dump truck when the tide is going out, then with the dredge and barge when the tide is coming in. They can only work in the water during the allowed fish window so need to make the most of the time. They don't want to work at night and will only do so when the tides are right. Mr. Turner asked how many days a month that would be. Mr. Anderes replied they are working 6-day weeks and prefer to work days but if a favorable tide occurs at night they want to take advantage of it. Mr. McKeown asked if high winds and other adverse weather prevent in water work. Mr. Anderes replied that it could but that Pacific Pile has enough float in the schedule to manage that. Mr. McKeown stated the advantages to the community of getting the project done outweigh any temporary noise considerations and moved to approve the variance request. Mr. Geer seconded the motion. Mr. Measamer explained that because the requested duration of the variance exceeds 30 days public notice and opportunity for comment are required. Staff published notice on September 23 and received no public comment. Staff recommended approval of the variance. Mayor Maxwell clarified that if the dredging noise turns out to be 100 dBA and is echoing up through town the City has recourse. Mr. Measamer concurred. If complaints come in from residents and staff takes noise readings that are well in excess of the samples that are part of the application staff can come back to Council who can withdraw the variance at any time. Mr. McKeown asked what 70 dBA sounds like. Mayor Maxwell stated that the human voice is around 56 dBA and a lawn mower is around 120. Mrs. Pickett reported she was out next to the barge while it was working and it makes about as much noise as a boat leaving the marina; it's not a noisy operation. Mr. Turner asked if noise monitoring devices will be in place. Mr. Measamer said no. Mrs. Richardson agreed that Council should grant the variance but asked for wording to specify that the variance only covers the types of work and equipment discussed tonight. If any of those conditions change, the variance would not be applicable. Mayor Maxwell concurred and noted that live-aboard boaters in the Cap Sante marina will certainly be monitoring the noise. Mr. McKeown reiterated that if the noise exceeds the levels reported in the application the City can withdraw the variance. Mayor Maxwell concurred. City Attorney Brad Furlong suggested Council open the meeting for public comment. Mayor Maxwell stated that this meeting was not advertised as a public hearing but written comments had been invited in the press. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown, Petrish and Pickett. Motion carried. There being no further business, at approximately 9:20 p.m. Mayor Maxwell adjourned the regularly scheduled meeting of October 5, 2009. Anacortes City Council Minutes October 5, 2009 6