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City Council Minutes—April 15, 2013
At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of
April 15, 2013 to order. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams,
Bill Turner and Cynthia Richardson. Brian Geer was absent.
Executive Session
At 7:01 p.m. Mayor Maxwell announced that the City Council would convene in executive session for
approximately fifteen minutes subject to RCW 42.30.110.1(i) and would reconvene with no further action
on that agenda item. City Attorney Brad Furlong and legal counsel Steve DiJulio joined the executive
session. At 7:26 p.m. City Council returned to the Council chambers.
Mayor Maxwell offered condolences to the bombing victims and their families in Boston after the tragic
events there. The assembly joined in the Pledge of Allegiance.
Minutes of Previous Meeting
Mr. Johnson moved, seconded by Mr. Turner, that the minutes of April 1, 2013 and April 8, 2013 be
approved as if read. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson and Johnson. Motion
carried.
Citizen Hearings
No one present wished to speak.
Mayor/Council Communication and Committee Reports
Proclamation of Economic Development Week: Mayor Maxwell read a statement proclaiming April 14-20,
2013 to be Economic Development Week in Anacortes and asked the community to recognize and
reaffirm the importance of job creation, entrepreneurship and commercial investment both locally and
statewide. Terica Taylor from EDASC accepted the signed proclamation and announced a tour of ten
local manufacturers over the weekend to highlight the importance of manufacturing jobs in Skagit County.
Proclamation of Arbor Day: Mayor Maxwell read a statement proclaiming April 25, 2013 to be celebrated
as Arbor Day in the City of Anacortes and announced that the day would be marked by the planting of an
oak tree at Causland Memorial Park.
Mrs. Pickett reported on the fourth ivy pull at Cap Sante Rotary Park on Saturday and thanked Krista
Oicles, Jason Gross, Jim Bowman, Kathleen Flanagan and Vincent Jackson for volunteering on such a
rainy day.
Mr. Adams reported that a group from Anacortes Sister City Lomonosov, Russia would be arriving next
week for a 10-day visit including a cultural performance. The mayor said translators were also needed.
Mr. Johnson reported on the Airport Advisory Meeting he and Mrs. Pickett attended earlier in the day and
the discussion of the automatic weather observation system at the airport.
Consent Agenda
Mr. Turner moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote: Ayes
—Pickett, Adams, Turner, Richardson, Johnson and Walters. Motion carried.
Approval of Vouchers/Cancellation of Checks
Council voted unanimously that the following vouchers/checks audited and certified by the City's Auditing
Officer(Finance Director) and subsequently reviewed and approved by the Council Finance Committee
on April 4, 2013 and April 11, 2013 are approved for payment as of April 15, 2013.
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Claims: Check Numbers 68196 through 68343 in the total amount of$713,935.52
EFT Claims: Check Numbers 68193 through 68195 in the total amount of$40,786.27
Pre-Written Claims: Check Number 68192 in the total amount of$3,135.65
Payroll for April 5, 2013 in the total amount of$925,537.60
Check Numbers 38157 through 38214 in the total amount of$35,976.83
Direct Deposit Numbers from 48586 through 48792 in the total amount of$613,390.46
EFT Numbers from 1527 through 1531 in the total amount of$276,170.31
In the same motion Council:
Accepted as complete the 2012 Safe Routes to School Phase 1 project(Contract 11-035-TRN-
004, Larry Brown Construction);
Approved a Street Fair Application for the Anacortes Farmer's Market every Saturday between
May 11, 2013 and October 26, 2013 except July 13, 1013 and August 3, 2013; and
Approved a Street Fair Application for the Anacortes Antique Machinery Show on September 14,
2013 from 8:00 a.m. to 5:00 p.m.
Resolution 1863: Personnel Policies
Human Resources Director Emily Schuh introduced the 2013 update to the personnel policies. She
reported that employees and collective bargaining units had had a month to comment on the proposed
changes and that they had then been reviewed by the City Council Personnel Committee the prior week.
Mrs. Richardson moved, seconded by Mrs. Pickett, to approve Resolution 1863 regarding personnel
policies and benefits for City of Anacortes employees and superseding Resolution No. 1798 in its entirety.
Vote: Ayes—Adams, Turner, Richardson, Johnson, Walters and Pickett. Motion carried.
Public Hearing: Adult Concessions Ordinance 2902
Planning Director Ryan Larsen said that the purpose of the evening's public hearing was to receive
additional public comment on the proposed adult concessions ordinance, specifically regarding the
appropriate zones for adult entertainment uses and separation distances between uses. Mr. Larsen
reviewed the recommendations from the City Council Planning Committee provided at March 25, 2013
study session. He requested final direction and edits to the proposed ordinance and said staff would bring
back a final version of the ordinance for review and action at the May 6, 2013 regular meeting. Mr. Larsen
noted that if the ordinance were not adopted on May 6 the interim ordinance would need to be extended
which he did not recommend.
At approximately 7:47 p.m. Mayor Maxwell opened the public hearing.
Wilhelmus Houppermans, 3412 K Avenue, asked what"entertainment only" meant. Mr. Larsen reviewed
the definitions of entertainment and retail in the proposed ordinance. Mr. Houppermans asked if the
Samish weren't planning to build a casino in the proposed adult entertainment zone. The mayor explained
that the Samish are in the process of converting their land to trust land at which point land use decisions
on that land would fall under different jurisdiction.
No one else wishing to speak, the mayor closed the public hearing.
Councilmembers discussed appropriate buffers and questioned the city attorney about the language
regulating signs on adult concessions. Mr. Furlong said the sign regulations were taken from model
ordinances but that he would verify that the language did not violate any First Amendment rights.
Councilmembers agreed with the Planning Committee's recommendation that adult entertainment should
be allowed in the LM1 zone within the City limits between Christiansen and Reservation Roads rather
than the industrial zone and that separation distances for adult concessions should be 100 feet from
schools, religious facilities, parks and residential zones and 300 feet from other adult concessions except
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that adult retail only could be separated by 30 feet from residential zones. Mrs. Richardson moved,
seconded by Mr. Turner, to direct staff to revise the draft ordinance accordingly and bring back a final
version of the ordinance for action. Vote: Ayes—Turner, Richardson, Johnson, Walters, Pickett and
Adams. Motion carried.
2016 Comprehensive Plan - Planning Commission Public Comments
Mr. Larsen summarized the Growth Management Act(GMA) requirements for cities to thoroughly review
their comprehensive plans at least once every eight years and the mandatory and recommended items to
be updated. He said Anacortes must complete its next periodic update by June 30, 2016. Mr. Larsen
reported that the Planning Commission took public comments on the scope of the periodic update at the
its meeting on March 13, 2013 and the gist of the public comments was to complete a thorough review of
the existing comprehensive plan, making updates where necessary, but not to start over writing a new
plan. The written comments and meeting minutes were included in the Council packet. Mr. Larsen
requested Council direction on how to proceed. Councilmembers suggested several options for scoping
the project and mentioned specific items that needed to be reviewed or incorporated. Mayor Maxwell said
the discussion would continue the following week.
Updated Sky Lantern Ordinance 2899
Assistant Fire Chief Jack Kennedy presented draft Ordinance 2899 which had been revised as requested
by councilmembers at the February 4, 2013 regular meeting to change violations of AMC 8.16 to a civil
infraction rather than a crime. Mrs. Pickett moved, seconded by Mr. Johnson, to approve Ordinance 2899
amending Chapter 8.16 AMC to add a definition for sky lanterns and to prohibit the use of sky lanterns in
the city. Mr. Walters clarified with Mr. Furlong that the ordinance would go into effect upon publication and
was not subject to a one-year delay. Vote: Ayes—Richardson, Johnson, Walters, Pickett, Adams and
Turner. Motion carried.
Contract Award: Install Low Head Pump @ WTP Intake Pump Station
Public Works Director Fred Buckenmeyer requested Council approval to award a contract to replace a
non-operational low head pump at the water treatment plant intake pump station. He said two extremely
close bids were received in response to the advertisement with the low bid from Award Construction out
of Ferndale at$298,632. The engineer's estimate was$250,000 and the 2013 budget includes$300,000
for the project. Mr. Buckenmeyer recommended entering into a contract with Award Construction for
$298,632. Mr. Johnson moved, seconded by Mr. Turner, to approve that request. Vote: Ayes—Johnson,
Walters, Pickett, Adams, Turner and Richardson. Motion carried.
Contract Award: Safe Routes to School - Phase 2 (Bike Rack @ Island View Elementary)
Mr. Buckenmeyer requested Council approval to award a contract to build a bicycle parking structure at
Island View Elementary School. He said the City received eight bids with the low bid from Combined
Construction out of Mukilteo at$34,862.04. Mr. Buckenmeyer advised that the engineer's estimate was
$25,194,92 and the project is entirely grant funded by WSDOT Local Programs. After receiving favorable
responses to reference checks, staff recommended awarding the contract to Combined Construction for
$34,862.04. Mr. Walters moved, seconded by Mr. Adams, to approve. Vote: Ayes—Walters, Pickett,
Adams, Turner, Richardson and Johnson. Motion carried.
Contract Award: 22nd Street and R Avenue Roundabout 100°/0 Design
Mr. Buckenmeyer requested Council approval to award a contract to Reichhardt& Ebe Engineering, Inc.
to complete the design for the 22nd Street and R Avenue roundabout. Mr. Buckenmeyer noted that since
Council awarded the 30% design contract to Reichhardt& Ebe in January the engineering staff and
consultant had contacted ten of the largest users of the intersection for design feedback and would host
an open house on May 6 to share the results. Mr. Buckenmeyer said staff recommended awarding a
contract to Reichhardt& Ebe in the amount of$69,370.46 to take the design to 100%. Mrs. Richardson
moved, seconded by Mr. Johnson, to approve. Vote: Ayes— Pickett, Adams, Turner, Richardson,
Johnson and Walters. Motion carried.
There being no further business, at approximately 8:35 p.m. the regularly scheduled Anacortes City
Council meeting of April 15, 2013 adjourned.
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