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HomeMy WebLinkAbout2009-09-21 City Council Minutes Approved OS2 Y Off`, City Council Minutes—September 21, 2009 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of September 21, 2009 to order. Roll call found present: Nick Petrish, Erica Pickett, Brad Adams, Bill Turner, Cynthia Richardson and Brian Geer. Kevin McKeown was absent. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mrs. Richardson requested a correction of the spelling of"Kertis" on page 7, 3`d paragraph. Mrs. Richardson moved, seconded by Mr. Geer, that the minutes of September 8, 2009 be approved as corrected. Vote: Ayes—Pickett, Adams, Turner, Richardson, Geer and Petrish. Motion carried. Citizen Hearings No one present wished to speak on items not already on the agenda. Mayor/Council Communication Proclamation: United Way Campaign Months Mayor Maxwell read a proclamation declaring the months of September, October and November to be United Way Campaign Months and encouraging the community to volunteer and contribute financially to the United Way. The Mayor introduced Eric Johnson who thanked the City on behalf of the executive director and Board of United Way. Mr. Johnson reported that United Way expects to raise $1 M in Skagit County this year. Mr. Johnson advised that social service needs are increasing and that the homeless count in January 2009 in Anacortes was 98 including 22 children. He noted that two of the 31 United Way agencies are located in Anacortes, the American Red Cross and the Anacortes Community Shelter Project, but that nearly all of them serve Anacortes in one way or another. All the United Way agencies are reviewed yearly by United Way to ensure that they are using funds effectively. Mr. Petrish asked how United Way funds are allocated between groups. Mr. Johnson said the United Way Funds Allocation Committee distributes the funds. Volunteer Recognition: Depot Painting Project Mayor Maxwell thanked the painting contractors who volunteered their time and services to paint the Depot. They included Tom Poor from Horizon Coatings, John Walech from Pro-Cote Painting, Dave Lowry from Lowry Painting and Tina Cossel from True Colours Painting. Mr. Geer also thanked Facilities Manager Russ Pittis for coordinating the volunteer painting crews. The Wrestlers for Life who volunteered to prepare the Depot for painting were thanked at the City Council meeting on September 14. Mr. Turner reported that he hired the Wrestlers for Life to move some furniture last week and they did a great job. Unfinished Business Parks & Recreation Department Comprehensive Plan Parks Director Gary Robinson distributed to Council hard copies of all the written public comments received at and since the last City Council meeting regarding the Parks & Recreation Department and ACFL Comprehensive plans; these had been emailed to Councilors previously. Mr. Robinson explained that he made some changes to the Parks & Recreation Department Comprehensive Plan since the September 8 public hearing to incorporate public comments including edits suggested by Mrs. Richardson. Those changes were indicated in blue in Mr. Robinson's September 17 memo to the Mayor and Council. Mr. Robinson called attention to one addition on page 11 of the September 8 draft: Mrs. Richardson suggested establishing a facility standard for off leash dog areas. Mr. Robinson suggested a figure of one acre of off leash dog area for each 7500 residents if Council wanted to add a standard to the plan. Having a standard would allow future impact fees to address this use. Mr. Robinson noted that very few public comments had been received on the Parks & Recreation Department Comprehensive Plan since it was presented to the Planning Commission. Mr. Petrish stated that he has long advocated an off leash saltwater access for dogs. He recommended that the N Avenue Park be designated for off leash use. Mr. Petrish noted that people take dogs off leash to many beaches around town and he wants to Anacortes City Council Minutes September 21, 2009 1 make one such area available to them legally. Mr. Robinson explained some complications of using the N Avenue site for that purpose. Mr. Petrish also requested eradication of English ivy on Cap Sante and along the Tommy Thompson Parkway. Mr. Robinson replied that removing invasive non-native plants is a stated goal in the plan. Mr. Petrish requested a work plan and funding, not just language in the comprehensive plan. Mrs. Richardson noted that the most recent revisions on page 14 suggest looking for more off leash areas including at least one with water access. Mrs. Richardson felt that goal was specific enough for the comprehensive plan and that the details could and should be worked out with the public and the advisory boards. Mr. Turner thanked Mr. Robinson for adding the mention of water access for dogs. Mr. Adams noted that all of the public comments received over the course of the planning process were addressed one way or another in the draft plan. Mrs. Richardson agreed with Mr. Adams. Mr. Geer praised Mr. Robinson's work on the Parks & Recreation Department Comprehensive Plan and moved to approve it including all changes suggested in Mr. Robinson's September 17, 2009 memo. Mrs. Pickett seconded the motion. Mr. Adams said he would prefer to see a conformed document before taking action. Mr. Turner stated he was comfortable voting on the plan tonight. Mrs. Pickett agreed but was also amenable to waiting for a conformed document. Mrs. Richardson noted that a couple of minor typographical errors still needed to be addressed and that she had emailed Mr. Robinson listing those. Mr. Adams stated that he was willing to vote tonight. Vote: Ayes—Adams, Turner, Richardson, Geer, Petrish and Pickett. Motion carried. Consent Agenda Mr. Turner moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote: Ayes —Turner, Richardson, Geer, Petrish, Pickett and Adams. 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 10, 2009 and September 17, 2009 are approved for payment as of this date September 21, 2009. Claims Warrants September 2009: Warrant Numbers 52520 through 52693 in the total amount of$1,129,272.93 EFT September 2009: EFT Numbers 52694 through 52701 in the total amount of$2,289.94 Payroll for September 18, 2009 in the total amount of$519,450.52 Warrant Numbers 34039 through 34090 in the total amount of$45,291.56 Direct Deposit from 32322 through 32495 in the total amount of$306,327.57 EFT Numbers from 1029 through 1033 in the total amount of$167,831.39 In the same motion Council: Accepted the"L" District Sewer Line Rehabilitation project (08-009-SEW-001) by Insituform Technologies, Inc. as complete. San Juan Passage Restoration and Management Plan Planning Director Ryan Larsen updated Council on developments in the San Juan Passage landscape maintenance plan for the Native Growth Protection Easement (NGPE) since it was last on the agenda in June. The plan was presented for public comment at the Planning Commission's September 9 meeting and no comments were received. The Planning Commission recommended approval of the plan in accordance with the September 11, 2009 staff memo included in tonight's packet. Mr. Larsen clarified that per the September 11 memo, Council approval would give Gilbane permission to landscape a single lot, Lot 11, with Parks staff and an independent consultant on site. After Lot 11 is completed staff will evaluate and adjust the plan if necessary, then bring it back to Council for approval to proceed with the remaining lots. Mr. Larsen introduced Russell Lindquist of Gilbane Properties, Inc. Anacortes City Council Minutes September 21, 2009 2 Mr. Lindquist reviewed the development of the NGPE landscape and management plan. At the City's recommendation the City hired consultant Jim Wiggins of ATSI and Gilbane hired consultant Graham- Bunting to evaluate the site and the proposed landscape plan. Both consultants' recommendations were incorporated into the June 28 version of the plan which was presented to the Planning Commission on September 9. The plan was then revised again to incorporate recommendations from the September 11 City staff memo, resulting in the September 21 version of the plan that is presented this evening. Mr. Lindquist reviewed the history of project approvals beginning with the conditional use permit in May 2006. All approvals have included a 100-foot NGPE measured from the ordinary high water mark in Guemes Channel. The NGPE includes portions of Lots 1-12 in the San Juan Passage development. The site was clear cut 15 years ago and was subsequently overgrown by pioneer species including alders and some conifers along the bank. Mr. Lindquist stated that the goals of the landscape plan are to protect the NGPE which adds value to the lots, to establish more diverse habitat, to stabilize the bluff, to establish view fields and to provide future homeowners with clear guidelines for NGPE maintenance. Mrs. Richardson noted the house footprint depicted on the plan and asked for clarification about how close the houses can be built to the NGPE. Mr. Lindquist stated Gilbane will encourage house placement near the street edge but that lot buyers could build adjacent to the NGPE. Gilbane's goal is to preserve views from the main level of each house. Mr. Lindquist suggested setting a benchmark for each house to indicate where its view corridor will be and how low the NGPE understory could be cut. Mr. Lindquist showed photos depicting how selective limbing of up to 30-40% of selected trees could create a filtered view of the water through the NGPE. Mr. Lindquist reviewed the conditions in the September 21 plan which are intended to address Condition 18 from the original Conditional Use Permit as well as staff requests and City staff's September 11 memo. The conditions include marking the NGPE border both during and after construction, hiring a third party consultant to monitor all work in the NGPE, limiting shrub work to the top of the bluff rather than the slope, establishing a height to which the shrubs would be trimmed and where windowing would occur, removing non-native invasive plants, saving some more mature alders, removing hazard trees, replanting after most of the alder is removed, selectively cutting and pruning to create view fields, incorporating some Douglas maple, warning homeowners about erosion, maintaining any new plantings, and requiring that homeowners work through the Homeowners'Association rather than individually to get City approval for view field maintenance after the lots are sold. Mr. Lindquist stated that the landscape plan restores and maintains the ecological balance from before the site was clear cut and offers benefits to the City. The plan sets the rules before lots are sold so purchasers understand that they are buying into an NGPE that they will have to protect and how they will be able to maintain their view corridors. Mr. Lindquist suggested creating a formal easement on the land itself to codify Condition 18. Mrs. Richardson noted the condition that requires keeping 8" diameter and larger alder unless they are in the view field and asked how the view field is defined particularly since Gilbane plans to define and landscape the view field before the homes are constructed. Mr. Lindquist suggested using each lot's average curb line elevation along Cutter Drive to establish how low vegetation can be pruned and setting percentages for how much windowing will be done. He stated that they intend to leave the large trees along the edges of the lots. Mrs. Richardson observed that future homeowners may want their views to face in a different direction from where the plan would set them now. She noted that everywhere else in the City NGPE's allow no cutting or thinning so it is new ground to allow manipulation of an NGPE and the rules need to be defined ahead of time to prevent future conflict. Mr. Lindquist agreed that Gilbane wants clarity as well for its purchasers but Condition 18 allows some limbing in the NGPE. Mr. Lindquist was willing to commit to the lot configurations proposed tonight. His sales agents feel the lots are salable this way. After the Lot 11 test site is treated according to the plan, Council can revisit it. Mr. Geer noted that the provisions of the landscape plan have to be enforceable so future homeowners don't damage trees. Mr. Lindquist stated that establishing view corridors before the lots are sold will discourage homeowners from doing so and that the restrictions in the plan will prevent it. Mr. Turner thanked Gilbane for all its work to draft the landscape plan and reiterated that the Lot 11 test site will be very critical to determine how the plan works. Mr. Adams noted that the thinning ratio is still undefined and that too much thinning will upset a lot of people including Council but insufficient thinning may make the lots hard to sell Anacortes City Council Minutes September 21, 2009 3 so Lot 11 will be important for setting the thinning parameters. Mr. Adams also observed that the wording in the September 21 plan is different than in the September 11 staff memo and requested that the original memo be included by reference in the plan. Parks Director Gary Robinson stated that the language of the September 11 memo is adequately represented by the conditions in the September 21 plan, that he does not object to the plan's suggestion of using the curb-cut elevation to define view field height, and that they will be able to work out the details on Lot 11. Mr. Turner observed that using the curb elevation has worked well for him at other sites in the past. Mrs. Richardson referred to the September 11 memo requirement that homeowners must work with the HOA to approach the City about view maintenance and may approach the City every three years. She asked who in the City they must approach and whether the HOA has to get approval or just notify the City. Mr. Lindquist replied that Condition 12 of the September 21 landscape plan requires actual City approval but doesn't specify by whom. Mr. Robinson stated that his intention was for the Parks Department to review and approve those periodic requests. Mayor Maxwell suggested that once each lot's view field is established a photo should be taken from the curb for reference later. Mr. Robinson agreed. Mrs. Pickett stated it would be appropriate for the periodic HOA maintenance requests to go to staff rather than to Council. Mrs. Richardson suggested the requests go to the Council's Parks & Recreation Committee. Mayor Maxwell noted that the requested action tonight is only to allow landscaping of Lot 11 so that decision doesn't need to be made this evening. Echoing Mr. Adams, Mrs. Richardson requested that when the plan comes back to Council it incorporate the exact wording from the staff September 11 memo and that that language be recorded with the lot sales. She stated that the language needs to be very clear so Council knows what it is voting to approve. Mrs. Richardson also noted that if the landscaped Lot 11 pleases everyone and Council gives approval to proceed with the other lots, she'd like each lot to be done one at a time because cutting all the lots at once has caused problems in the past. Mr. Lindquist reminded that the third party consultant will be monitoring the entire process and a registered arborist will perform all the cutting. Mr. Lindquist was agreeable to working one lot at a time. He noted that establishing a photographic record of each view field is Condition 9 in the September 21 landscape plan. Mrs. Richardson agreed photographic documentation is essential. Mr. Lindquist wanted to start Lot 11 right away per the plan and then rework the conditions into a recordable form and bring them back to Council in October for final approval to proceed with the rest of the lots. Mrs. Pickett noted that the easement on Lot 11 needs to be recorded as soon as the work is done before the lot is sold. Mr. Lindquist agreed and hopes to have that done in October. Mrs. Pickett asked if the project has cured the problem of working in the shoreline zone. Mr. Larsen stated they have not but that after Lot 11 is done staff will work with Mr. Lindquist to work out a game plan for the rest of the lots. Mr. Geer stated he was comfortable with the checks and balances in the documents and did not want to continue piling on conditions before Lot 11 is completed. Mr. Turner moved to allow Gilbane to move forward to do landscaping on Lot 11 as a test case on the condition that Gilbane will come back to Council in mid- October for approval of that lot and that at that time Mr. Larsen and Mr. Lindquist will have worked out issues for continuing the rest of the lots such as the Shoreline Permit and the final wording for the recorded document for the conditions. Mr. Geer seconded the motion. Mr. Geer clarified that the motion includes the recommendations from the Planning Commission. Vote: Ayes— Richardson, Geer, Petrish, Pickett, Adams and Turner. Motion carried. Shoreline Master Program Update (PowerPoint Presentation) Planning Director Ryan Larsen presented a status update on the Shoreline Master Program (SMP). The City of Anacortes has 15.4 miles of saltwater shoreline. Mr. Larsen reviewed the history of the current rewrite since the process began in January 2006. The public process to date includes nearly 40 public meetings and hearings and extensive public comment periods. The draft has been sent to CTED once already and will be sent again after more revisions. At this point the City is working with its consultant, The Watershed Company, and the Dept. of Ecology to finalize the SMP. Staff has drafted an expanded SEPA checklist and drafted the SMP Submittal Checklist. There are still more public meetings ahead. Staff has met with the Citizen Advisory Committee and will ask them to participate in the public comment periods with the Planning Commission. There will be more meetings with both the Planning Commission and City Council. Mr. Larsen's goal is to issue SEPA later this year, send the document to the Department of Commerce for a 60-day comment period before the end of the year, and work towards a March 1, 2010 adoption date after a public hearing before City Council on February 1, 2010. Currently Anacortes City Council Minutes September 21, 2009 4 The Watershed Company is preparing a public participation plan, a shoreline inventory and analysis, SMP review and development, and a cumulative impact analysis and restoration plan. The SMP will then be adopted. The shoreline inventory analysis will use the maps created by Rob Hoxie in the City's GIS department to show all features of our shorelines. The final shoreline analysis report will recommend actions to create proposed SMP policies and regulations; Mr. Larsen anticipates very minor adjustments at this phase. The SMP itself will require policy decisions by Council on appropriate shoreline buffers and setbacks based on recommendations from the Planning Commission. Staff will then revise the submittal checklist to be submitted to Dept. of Ecology. The final document in the sequence is the cumulative impact analysis and restoration plan. The draft SMP will achieve no net loss in the shoreline inventory. As to the calendar, Mr. Larsen plans to send the draft to Dept. of Ecology in November for a 60-day comment period and hold Planning Commission hearings in November. Staff will need 3-4 weeks after Council approval in March 2010 to package the documentation and send it to Department of Ecology. The City will ask Department of Ecology to complete its review in 45 days. After Department of Ecology approves the SMP, staff will bring an ordinance to Council for adoption. Mayor Maxwell questioned the "implementation strategy for funding, timelines and benchmarks" in the restoration plan. Mr. Larsen explained that the restoration plan requires those elements but the specifics are up to the City to determine. Mrs. Richardson noted that the legislature said restoration is not required and asked why Anacortes is doing it. Mr. Larsen replied that the SMP must have a restoration plan element. Mrs. Richardson clarified that Anacortes does not require a developer to restore sites that were damaged fifty years ago, only to have no net loss going forward. Mr. Larsen said that the restoration plan will be tailored to Anacortes and noted that the Fidalgo Bay Plan had a restoration component and some elements of that will probably be included. Mrs. Pickett noted there is quite a lot of money for restoration projects. The Skagit Marine Resources Committee has researched some of that. She said a good example of a desirable restoration project is the old plywood mill. The SMRC will be receiving some restoration funds from Kimberly Clark in the spring and will be looking for restoration projects to fund. Mr. Turner asked about the next 60-day comment period at the Department of Commerce. Mr. Larsen said he will submit to Department of Commerce about a week after he issues SEPA at the end of November, allowing the 60-day comment period to conclude before the target March 1, 2010 approval date. Mr. Turner clarified that the second round at Department of Commerce is just reviewing changes since the last CTED review. Mr. Larsen confirmed that. Contract Award: Pennsylvania Avenue Traffic Calming Project, Phase I Public Works Director Fred Buckenmeyer presented a brief overview of the design of the project which includes a raised divider island, crosswalks, bike paths, curb, gutter, sidewalks, storm drainage and striping. Five companies bid the project on September 15 via the Small Works Roster. The low bidder was Scimitar Construction of Anacortes at$61,255.54. The Engineer's Estimate was$89,119.90. Mr. Buckenmeyer noted that the second bid was within $50 of the first. Mr. Buckenmeyer recommended approval of a contract with Scimitar. Mr. Adams, seconded by Mr. Turner, moved to award the contract for the Pennsylvania Avenue Traffic Calming Project, Phase I to Scimitar Construction. Vote: Ayes—Geer, Petrish, Pickett, Adams, Turner and Richardson. Motion carried. Contract Award: Operations Dewatering Facility, Phase II Mr. Buckenmeyer described the scope of the project which will include a winter sand storage facility at the Operations Shop. The utilities were already constructed in Phase I. Five companies bid the project on September 2. The low bidder was Strengholt Construction of Lynden at$112,473.90. The Engineer's Estimate was$128,000. As a point of interest Mr. Buckenmeyer observed that the third and fourth bids on the project were identical. Noting that Strengholt's references are favorable, Mr. Buckenmeyer recommended approval of a contract with Strengholt. Mr. Turner moved, seconded by Mrs. Pickett, to award the contract for the Operations Dewatering Facility, Phase II to Strengholt Construction. Mr. Adams asked how much of the project is grant funded. Mr. Buckenmeyer stated that the grant only applied to Phase I. Vote: Ayes— Petrish, Pickett, Adams, Turner, Richardson and Geer. Motion carried. There being no further business, at approximately 9:13 p.m. Mayor Maxwell adjourned the regularly scheduled meeting of September 21, 2009. Anacortes City Council Minutes September 21, 2009 5