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HomeMy WebLinkAbout2009-09-08 City Council Minutes Approved -sTY Off`, 9zw` City Council Minutes—September 8, 2009 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of September 8, 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 Mr. McKeown, that the minutes of August 17, 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 Fidalgo Bay Day: Mrs. Pickett invited the public to Fidalgo Bay Day on Saturday, September, 19 at Samish RV Park from 11:00 a.m. to 3:00 p.m. Activities for children and local seafood sampling will be featured. John and Doris Tursi Park: Mayor Maxwell reported on the August 26 dedication of the new John and Doris Tursi Park on Pennsylvania Avenue. The park was built by Nels Strandberg with help from subcontractors including John Campbell of Lehigh Cement, Ravio Masonry, Mike Harris, Proscapes, and Bacon Concrete. Mayor Maxwell invited everyone to visit the park and thanked the Parks Department for completing this very nice west end park. Summer Interns: Mayor Maxwell reported that the City hosted six summer youth program jobs this year as part of American Recovery and Reinvestment Act. Interns worked in the Parks, Finance and Engineering departments. The program familiarized the interns with the expectations of different occupational fields in the City and should help the young people find jobs in the future. Mayor's Budget Message to Council: Mayor Maxwell presented his 2010 budget message to Council. On a related note, Standard & Poor's Ratings Services recently assigned Anacortes its AA standard long term rating for bond issues which will ensure that the City can obtain the most favorable interest rates possible on its upcoming bond issue and eliminates the requirement that the City purchase bond insurance. The proposed 2010 Budget is balanced and totals $38,031,537 which is a 16% decrease from the 2009 budget of$45,295,146. The proposed budget provides very high levels of service within the parameters of a 1% property tax increase. The City maintains a 5°/0 emergency reserve in each of its funds and takes a fiscally conservative approach to pursue strong fund balances in all funds. In spite of the reduced spending plan to allow for the possibility of lower revenues in 2010, the City will be undertaking a number of projects including the Ship Harbor Interpretive Trail, the Pennsylvania Avenue upgrade, design and planning for the Water Treatment Plant expansion and replacement of the North Texas Road waterline. Anacortes continues to be one of the lowest taxing cities in Skagit County with a projected 2009 millage of$1.36/$1000 of assessed value. The budget message summarized highlights of the revenue, spending and cost saving plans of each City department. Consent Agenda Mr. Geer moved, seconded by Mr. Turner, 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 August 20, 2009, August 27, 2009 and September 3, 2009 are approved for payment as of this date September 8, 2009. Anacortes City Council Minutes September 8, 2009 1 Claims Warrants August/September 2009: Warrant Numbers 52279 through 52511 in the total amount of$486,161.71 EFT August/September 2009: EFT Number 52278 in the total amount of$126.00 Payroll for August 20, 2009 in the total amount of$511,341.19 Warrant Numbers 33919 through 33973 in the total amount of$49,150.65 Direct Deposit from 31952 through 32124 in the total amount of$298,733.09 EFT Numbers from 1019 through 1023 in the total amount of$163,437.45 Payroll for September 4, 2009 in the total amount of$526,853.91 Warrant Numbers 33974 through 34037 in the total amount of$61,969.67 Direct Deposit from 32125 through 32314 in the total amount of$297,353.91 EFT Numbers from 1024 through 1028 in the total amount of$167,530.33 In the same motion Council: Approved Resolution No. 1785 fixing a time when a petition for vacation may be heard and determined by the City Council and setting a public hearing date for the 5th of October, 2009 to vacate approximately 724 square feet of the adjacent right-of-way along Commercial Avenue at 919 37th Street, Anacortes, Skagit County, for Mr. Michaud; Approved Resolution No. 1786 fixing a time when a petition for vacation may be heard and determined by the City Council and setting a public hearing date for the 5th of October, 2009 to vacate approximately 28 square feet of Weaverling Road to create legal parking at 4701 Fidalgo Bay Road, Section 31, Township 35 North, Range 2 East, Anacortes, Skagit County, for the Samish Indian Nation; Approved an alley closure between N Avenue and 0 Avenue and 21st and 22nd Streets on Sunday, September 13, from 2:00 p.m. to 7:00 p.m. for Anacortes Lutheran Church Sunday School Rally Day; Accepted the 30th Street Boat Launch Improvements project (09-015-TRN-001) by Tiger Construction, Ltd as complete; and Accepted the SR 20 and Commercial Avenue Roundabout project (05-065-TRN-002) by SRV Construction as complete. The dedication will be September 16, 2009 at 9:00 a.m.just south of the roundabout. Contract Award: Guemes Channel Trail, Phase I, City Portion Public Works Director Fred Buckenmeyer requested that Council award a contract to Strandberg Excavation for Phase I construction of the Guemes Channel trail, including 718 LF directly east of the section recently constructed by Gilbane plus asphalt paving for all 2,218 LF including the 1,500 LF constructed by Gilbane. The apparent low bid by Mike Harris had a discrepancy between the unit prices and the extended amount for four bid items. The State specifications very clearly state that in such situations the unit prices must prevail. The City discussed the bid with its attorney, Mr. Furlong, and concludes it has no choice but to award to the second low bidder. Funds for this project were budgeted in 2009 and the Engineer's estimate was $240,844. The Strandberg bid is $169,601.88. The City will receive partial grant reimbursement for the project from a TIB grant, approximately 30% of the contract amount. Mr. Turner moved to accept the Strandberg bid, noting that the Public Works Committee discussed the issue today and State law clearly requires that the City accept the second low bid in this case. Mrs. Pickett and Mr. Geer seconded the motion. Mr. Adams asked when project will be complete and asked how the Gilbane and City-constructed portions fit together. Regarding the schedule, Mr. Buckenmeyer advised that Strandberg Excavation is mobilized in the area from prior work and is ready to Anacortes City Council Minutes September 8, 2009 2 begin on the current contract in the next few months. Mr. Buckenmeyer also explained that Gilbane built 1,100 LF of the trail as part of a plat condition on its development. That required the City to build 400 LF west of Gilbane's portion to provide access to the sewer pump station. The City and Gilbane agreed that in the interest of efficiency, Gilbane would build part of City's 400 LF and in turn City would pave Gilbane's 1,100 LF when it paved the 718 LF now being contracted so that construction equipment would not damage asphalt freshly laid by Gilbane. Mrs. Pickett asked if next phase of construction will need to access the site from the east so as not to damage the new asphalt. Mr. Buckenmeyer confirmed that it would. Mrs. Richardson observed that the existing portion of Phase I is very impressive even before it has been paved. Vote: Ayes—Adams, Turner, Richardson, Geer, McKeown, Petrish and Pickett. Motion carried. Public Hearing: Anacortes Community Forest Lands and Parks & Recreation Department Comprehensive Plans Parks Director Gary Robinson summarized the process that has occurred over the past two years to develop the two draft plans that are presented for public comment at this meeting. All the written comments received from the public are included in the Council packets and Council has access to public testimony before the Planning Commission. Mr. Robinson suggested that at the conclusion of the evening the Council close the public hearing, then spend its September 21 regular meeting discussing the Parks & Recreation Department Comprehensive Plan, then spend its October 5 regular meeting discussing the ACFL Comprehensive Plan, then use its October 19 regular meeting for final consideration and approval of both plans including any changes Council may request in the interim. Mayor Maxwell inquired if written comments will continued to be accepted after the close of the public hearing. Mr. Robinson stated he will follow Council's direction in that regard but anticipated written comments would no longer be accepted after the close of the public hearing this evening. Mr. Turner suggested that written comments be accepted through Friday in case the public hearing raised any new issues for anyone. Mr. Geer asked if closing public hearings in the past has closed the written comment period as well. Mrs. Richardson recalled that there is precedent for both options but stated she would like to see a definite cut off date established for written comments and Friday, September 11 is acceptable to her. Mr. McKeown, Mr. Petrish, and Mrs. Pickett agreed. Mayor Maxwell concluded that written comments will continue to be accepted on both plans until 5:00 Friday, September 11, 2009. Mayor Maxwell announced that each speaker will have three minutes to speak and asked that each speaker state his or her name and address upon taking the podium. Mayor Maxwell then declared public hearing open at approximately 8:00 p.m. Mike Daly of Redmond, Washington spoke on behalf of the Washington Alpine Club which teaches a basic mountaineering class for about 35 students each spring and has been coming to Mt. Erie to climb for at least 30 years. Page 13 of the draft ACFL Comprehensive Plan requires proof of liability insurance for organizations climbing on Mt. Erie. This is a concern for Washington Alpine Club because it is hard for their volunteer organization to raise funds to procure liability insurance. The Club's attorney has advised them that RCW 4.24.210 and specifically a finding from 2003 says landowners are not liable for injuries sustained by rock climbers. Mr. Daly requested that the liability insurance provision be removed from the draft ACFL Comprehensive Plan. Jason Martin, 1515 12th Street in Bellingham, spoke on behalf of the American Alpine Institute which has run climbing trips to Mt. Erie for 34 years. Each year the Institute submits to the City a certificate of insurance for$1 million and has never had an injury on Mt. Erie in 34 years. The Institute has two concerns with the draft ACFL Comprehensive Plan. First, requiring $5 million of liability insurance will stop the Institute and other groups from running their climbing instruction and safety programs because they can't get more than $1 million of liability insurance. The Institute works with four different national forests, five national parks, two state parks, two city parks and one national conservation area in four states and none of them require more than $1 million in liability insurance. The Institute also objects to having to schedule events in advance; the nature of their events precludes that. Mr. Martin argued that if the proposed insurance or pre-scheduling requirements prevent the Institute from offering its programs here Mt. Erie will lose the safety and stewardship benefits the guides provide and that it is in the City's interest to encourage their continued involvement. Anacortes City Council Minutes September 8, 2009 3 Tom Glade, 210 Mansfield Court, spoke on behalf of Evergreen Islands which supports the draft ACFL Comprehensive Plan as presented. Mr. Glade stated that Evergreen Islands speaks on behalf of the forest inhabitants without voices. Evergreen Islands opposes efforts by individual user groups to relax ACFL regulations and enhance or expand their activities at the ACFL's expense and feels that the ACFL is a forest, not a park. Mr. Glade also noted that ACFL is a fish and wildlife conservation area under the Anacortes Critical Areas Ordinance and that the Municipal Code requires dogs to be on leash. Mr. Glade cited research showing that dogs threaten wildlife even when on a leash. Dog walkers who don't follow leash laws also impinge on the rights of other recreational forest users. Mr. Glade concluded that without regulations the demands of multiple user groups will increasingly degrade the forest lands' natural assets over the years so we must responsibly restrict certain uses to protect the ACFL for the enjoyment of current and future generations. Jason Griffith spoke on behalf of the Skagit Alpine Club, P.O. Box 1054 in Mount Vernon. The Club runs a climbing course every spring on Mt. Erie and has for decades. The course attracts new members to the club. Mr. Griffith argued that it is difficult to run courses when the cost of liability insurance exceeds what the club can pay. Mr. Griffith thanked the City for allowing outside groups to use the mountain. Aside from objecting to liability insurance, Mr. Griffith also objected to the draft ACFL Comprehensive Plan's prohibition of off trail uses. Mr. Griffith explained that the current scrambling and climbing routes have been established over decades. The Plan's suggestion that those be reviewed and some potentially be closed may cause conflict. He stated that climbers don't traipse across the mountainside willy nilly causing damage to plants. Mr. Griffith concluded that climbing groups bring economic benefit to town when they stop to patronize local businesses after climbing. Mayor Maxwell observed that the insurance issue has been pretty well covered by testimony thus far and asked if there were other issues the public wished to address. Harold Mead, 14844 Deception Road, stated that he has submitted several detailed letters that intellectually dissect the issues but wants to talk about the emotive base for the issues now. Mr. Mead considers Mr. Glade's viewpoints extreme. Mr. Mead stated that there are a group of people who are intent on preserving the forest so deeply that they mistake minor impacts for major impacts. When some trails were closed on Sugarloaf six years ago Mr. Mead investigated, read the existing ACFL Management Plan and concluded that everything climbers and scramblers do on Mt. Erie is in violation of the regulations. Forest Board members explained to him that climbing activities were allowed under a gentlemen's agreement. Mr. Mead is not in favor of a gentleman's agreement. The plan needs to be made workable and understandable and enforceable. Trails have been closed for no good reason that he can comprehend. Mr. Mead concluded that the ACFL should have a rational plan that is specific. John Pope, 4001 Peters Lane, spoke representing the Anacortes Small Boat Center, a non-profit umbrella group of local organizations with over 400 members. The Small Boat Center is in favor of the proposed Parks & Recreation Department Comprehensive Plan. Specifically, this diverse group strongly supports page 16 of the proposed plan which has an excellent vision for getting more people out on the water. The Center is now actively pursuing making those plans reality. Mr. Pope urged Councilors to stay the course and thanked them for their support. Dallas Kloke, 4012 M Avenue, testified that he has spent 5/7 of his life climbing on Mt. Erie. Mr. Kloke supports the letter submitted by the Access Fund and the Climbers Coalition of Washington. Over the past 48-49 years Mr. Kloke has not seen much change on Mt. Erie. There are six major trails up the south and west sides. Only two or three are used that much. Most climbers stay on the trail. Mr. Kloke stated that there are a few more climbers now than in the 1960s but this remains a moderate use area. Jeanne Longworth, 2808 West 2nd Street, spoke representing local dogs. Her letter is in the Council packet. Ms. Longworth reiterated: Please don't forget the dogs. She guessed that 50% of people in Anacortes have dogs. She observed that some breeds like to play ball or chase Frisbees, some like to swim, some like hers like to track scent and it's impossible to keep them on a leash. She thanked the City for the fantastic new dog park but observed that some breeds of dogs need other activities. Whidbey Anacortes City Council Minutes September 8, 2009 4 Island has parks that set apart a separate fenced off acre or more of their forest lands where dogs can recreate off leash. Ms. Longworth asked Council to establish the same thing in the ACFL. Fred Slater, 4325 Dunsmoor Avenue North in Seattle, spoke on behalf of the Access Fund and the Washington Climbers Coalition. For decades Mt. Erie has been a central point for climbing groups to instruct new and aspiring climbers. The Access Fund and the WCC can provide the City with stewardship assistance and management expertise. The groups ask Council to reconsider the provision in the draft ACFL Comprehensive Plan that would require approval of new climbing routes, fixed anchors and bolts. WCC would also like to be involved in the proposed review of"existing climbing trails" as they have many members who have a lot of experience with them. Washington climbers thank the City for sharing Mt. Erie with the region and hope that the ACFL Comprehensive Plan can lay a framework to preserve Mt. Erie as a recreational resource for years to come. WCC and the Access Fund are prepared to assist the City to this end. Laurie Walker, 2706 Shannon Point Road, seconded Ms. Longworth's comments regarding off leash dogs. She drives all the way to Whidbey Island to take her dogs to the fenced forested dog parks. She agrees that dogs should be on leash in areas where they may encounter small children but dogs have no area to run in the woods in Anacortes. Mrs. Walker encouraged fencing an area of the ACFL for off leash dogs. Pat O'Brien of Seattle, climbing chair for Washington Alpine Club, thanked Council for all the years his group has used Mt. Erie. They bring about 30 students and 20 instructors every year. The groups bring business to town as well. It used to be they could make a simple phone call to arrange a date with the Parks & Recreation Department. Now the process has changed considerably. Mr. O'Brien feels like they are being squeezed out by increasing regulation. He stated that to climb in Pierce County they fill out a one-page form and no liability waiver is required. Mt. Rainier also requires only one page. Applying to climb in Anacortes now requires an entire stack of paper including individual waivers from participants. Hershel Janz, 1120 King Street, spoke against allowing dual sport motorcycles in the ACFL. They will be able to go even faster than the motorcycles we allow now and Mr. Janz feels this is a step in the wrong direction. He feels we have enough of a problem with racing motorcycles. He was told wider tires will cause less trail damage but this does not make sense to him. He has seen racing motorcycles on Trail 20 up to Whistle Lake time after time and no one does anything to slow them down. Mr. Janz does not object to motorcycles in the ACFL but they need to obey the rules and slow down. Robert Barry, 1914 22nd Street, testified that he has planned for and managed wildland recreation resources professionally all his life. Over the past year he has been frustrated by the ACFL Comprehensive Plan process. He considers the process a charade and the resulting document to be a fantasy fiction document. Mr. Barry suggested that the only thing that would make the plan meaningful would be to hire three new police officers because it depends on regulation, prohibition, and restrictions of use that cannot be enforced with current staffing. Just approving a plan does nothing. Prohibitions on alcohol and dogs off leash are not being enforced now. Mr. Barry concluded that planning is irrational when documents say we plan to do what we can't do. Aaron Bryant, 1015 19th Street, spoke on behalf of Youth Dynamics which has been using the resource of Mt. Erie for most of its 39 years. Youth Dynamics supports the comments made by other climbing groups at the public hearing. Youth Dynamics serves mostly junior and senior high school students. Climbing on Mt. Erie is a positive life changing experience for many students. Mr. Bryant is concerned about the "slippery slope" of increasing restrictions on climbing that may hamper his organization's ability to offer climbing programs. Rick Haley, 1804 Lea Place, spoke on the ACFL Comprehensive Plan. Mr. Haley thanked staff, the plan committee and the Forest Advisory Board for their work on the plan. He observed that the plan doesn't please everyone because there are a lot of competing interests. The Forest Advisory Board and plan committee worked to balance those interests and that balance is what the draft plan presents. The plan Anacortes City Council Minutes September 8, 2009 5 puts the forest first which is how it should be to ensure we'll still have an intact forest in the future. Mr. Haley urged Council to give deference to the work that has been done and to the forest itself. Dunham Gooding, 1515 12th Street in Bellingham, used to live in Anacortes but moved to Bellingham in 1975 and started the American Alpine Institute. Mr. Gooding testified that personal and community health are one of the few things we can act upon and Mt. Erie is an amazing resource for encouraging those. We need open wild spaces for children and adults who are increasingly separated from the natural world. Mt. Erie provides an unstructured area for exploration, contemplation, and personal challenge. It provides superb climbing—the rock is excellent rock and the setting is beautiful. Climbing is a sport that can last a lifetime. Children and adults both love it. Mr. Gooding acknowledged that a lot has gone into developing the plan and urged Council to be careful that the proposed insurance requirements don't inadvertently cut off climbing groups from teaching kids and adults to climb. Maggie Sullivan, 740 Shaw Road, submitted additional written comments. Ms. Sullivan began attending Forest Advisory Board meetings five or six years ago when she noticed that trails on Mt. Erie and Sugarloaf were being closed without apparent public notice. Ms. Sullivan stated that the Forest Advisory Board is not alone in wanting to protect the forest; all users do. She feels zeal to protect the forest is keeping the Board from fulfilling its role as liaison to the public. She feels that the public testimony during this process wasn't applied to the plan. Ms. Sullivan counted up public comments regarding off leash dogs and found that 19 supported dogs off leash in some form and 19 wanted dogs on leash all the time which she does not consider overwhelming evidence for requiring leashes. Several motorcyclists sent in well written technical papers with concrete ideas for accommodating motorcycles in the woods and mitigating issues between motorcycles and other user groups but they aren't in the plan. Climbers have offered their knowledge and advice but it's been ignored. Ms. Sullivan wants a separate management plan for Mt. Erie, a separate climbers/scramblers advisory board made up of climbers and scramblers, and a rewriting of the liability and procedure requirements for instructional climbing on Mt. Erie. She asked that Council revisit the draft plan with active participation by dog owners, motorcyclists, climbers and scramblers. At approximately 8:51 Mayor Maxwell called a ten minute break until 9:00 p.m. At 9:01 Mayor Maxwell called the public hearing back to order. Doug Shepherd, 12876 Summit Trail, opposed closing the south side of Mt. Erie scramble trails. Mr. Shepherd has been hiking those trails for 50 years. The trails haven't damaged the area and no one is requesting to build any new ones. He feels it would be wrong to say that the public can't use that area anymore. Mr. Shepherd proposed that the existing trails should be grandfathered in. Alan Henshaw's map made in 1995 depicts every trail on the south side of Mt. Erie and they should be kept. Mr. Shepherd asked Council not to make rules it can't enforce. Most people will keep using those trails anyway. Tim Nelson, 1310 17th Street, stated he has been climbing Mt. Erie for 28 years. He has developed some of the climbing routes that are currently in use and in 28 years he has seen virtually no change to the trails that climbers use to access the area. There have been dramatic changes on the mountain, including the logging of the Lindholm property in the mid-90's and a new trail that connected the north and south sides of the mountain. Mr. Nelson opposes having Mt. Erie managed as part of the ACFL Comprehensive Plan. He feels Mt. Erie is a separate entity and should have a separate management plan. Mr. Nelson volunteered to serve on a board of climbers that may be referred to for managing Mt. Erie. He envisions that a Mt. Erie board would deal with replacing anchors and other decisions that require expertise. Jack Curtis, 2504 Bryce Court, urged Council not to allow off leash dogs on the forest trails. Mr. Curtis testified that he routinely runs in the woods and when he comes around a corner to face an off leash dog it should not be up to him to determine if the dog is friendly or not. Mr. Curtis does not support creating a fenced area for off leash dogs in the ACFL. Mr. Curtis acknowledged that some people break the rules now and let their dogs off leash but he doesn't want to do anything to make such people feel that behavior is acceptable. Mr. Curtis also argued that allowing alpine groups to use Mt. Erie is the City's best Anacortes City Council Minutes September 8, 2009 6 insurance because they keep the mountain safer. He concluded that driving climbing groups away would only make the area be used in a dangerous manner. Callie Martin, 6407 Dow Lane, spoke on behalf of the Whistle Lake Road community. She stated that traffic to Whistle Lake is horrendous. Cars sometimes drive 50 miles an hour on Whistle Lake Road. Ms. Martin urged Council to focus on restricting that. Ms. Martin also supports requiring leashes for dogs in the ACFL. She has been horseback riding in the woods all her life and ponies have been attacked by off leash dogs. She argued that it is also important to keep dogs on leash to protect wildlife and native plants. Ms. Martin thanked the Board for compromising between preservation and recreational use. Jack Richardson, 315 V Avenue, suggested that cats should not be allowed to roam free in the ACFL. He believes free-ranging cats are decimating bird populations, including ground nesting birds such as California quail. Mr. Richardson urged that rules and regulations be consistent for all users. Horse owners don't have to leash or pick up waste from their horses but dog owners do. Trina Kertis, 15174 Gibraltar Road, spoke against motorcyclists being banned from three more miles of trails. Ms. Kertis grew up at 6544 Whistle Lake Terrace and she grew up riding out there. She said it seems like every couple years more and more trails are closed to motorcycles. She wants her son to be able to grow up and be able to ride out there like she did. If every five years three more miles of trails are taken there won't be anything left for him to ride on. Alan Henshaw, Anacortes, said that he retired to Anacortes in 1986 because it had Mt. Erie. A person could roam freely there. One day Doreen Dunton asked him if he would look after the south side of Mt. Erie. It was paradise. He roamed freely there with his dog. Mr. Henshaw thanked the City for allowing him to roam paradise unhindered. Pat Barrett, 11987 Marine Drive, spoke on behalf of the small boat group that has been formed. Mr. Barrett thanked the City and Gary Robinson for working with the Port to make the small boat center a reality. He urged Council to continue to work in that direction as the Shoreline Master Plan moves forward. Wade Bessett, 838 Dugualla Rd on Whidbey Island, has been submitting comments, attending Forest Advisory Board meetings and served on the Mt. Erie committee. He sees an evolution in the mentality of how the ACFL is managed and he doesn't like it. Mr. Bessett wants the ACFL to be looked at as a park, not a wilderness. It is meant for people to enjoy. If management plans limit public access or how people can use the ACFL, it is not to the benefit of future citizens. One specific thing that has remained in all the drafts of this plan is that there's no provision for off trail travel; it's punishable by civil fines. The Board and management aren't taking public comment seriously to make current uses allowed and make the scrambling trails and rock routes part of the trail system. Most people who use south Mt. Erie will continue to use de facto trails. Mr. Bessett urged Council not to cause conflict and liability issues by closing off existing access. Mr. Bessett would like Council to finally implement the public comments into the plan. Joe Johnson, 5108 Macbeth, agreed with Mr. Bessett. He is a dog owner who exercises his dog in the dog park but recreates with his dog in the ACFL. Mr. Johnson is in favor of multiple use on public lands. Richard Bergner, 15515 Yokeko Drive, spoke in support of the ACFL Comprehensive Plan as presented, stating that the plan was worked on and balanced by staff and committees. Comments have been listened to but not everything can be followed. Mr. Bergner called the plan balanced. Mr. Bergner stated that our understanding has evolved over the years as to how humans impact plants and animals; there are just more of us now than when he was growing up here. Mr. Bergner complimented those who have drafted the plan and asked Council not to make too many adjustments now. George Mehler, 1820 32nd Street, spoke urging Council to allow dogs off leash in the ACFL. He is disappointed that the draft ACFL Comprehensive Plan makes no provision for responsible dog owners and their well-mannered trail-wise dogs to enjoy an untethered walk on the ACFL trails. Many comments were received in support of this during the process. His dogs walk the woods with them every day and Anacortes City Council Minutes September 8, 2009 7 enjoy the freedom of the trail. They remain within voice control. They have never had an uncomfortable incident. The Plan should include rules for how responsible dog owners should walk the trails; a suggested set of such rules is included in his written comments. The rules should be issued with the dog license each year. Dogs would have to register with the Parks & Recreation Department to be allowed to walk off leash. Mr. Mehler stated that dog owners should be responsible for deciding if their dog is trailwise enough to walk unleashed. Mr. Mehler urged Council to send the Plan back to the Parks & Recreation Department to come up with an untethered dog plan and at least try it for a couple of years. Chris Byer, 2302 24th Street, bikes, hikes, fishes, and climbs in the ACFL. Mr. Byer supports off-road motorcycle use on ACFL trails, has been riding for 20 years, and does not support the proposed winter closure for motorcycles. Mr. Byer feels winter is the best time to ride because there are fewer people on the trails. Winter closure will force more riding into the summer when there are more people out. Mr. Byer also asked Council to reconsider the proposed trail closures for motorcycles. He suggested that closing a few trails to open up and connect others might be a better option. Sue Mehler, 1820 32nd Street, brought forward three points regarding dogs in the ACFL. First, she stated that dogs do not adversely affect wildlife if walked by a responsible dog owner. Second, Mrs. Mehler argued that the leash law should not apply in the ACFL. The leash law is to keep dogs from roaming unattended in town but on trails, unleashed dogs are under control of their owner. Third, only non- aggressive dogs should qualify to be walked off leash in the forest lands. A responsible dog owner knows if his or her dog is aggressive and needs to be leashed. Mike Shea, 14678 Hoxie Lane, thanked Council for continuing to accept motorcycles as a valid user group in the ACFL but he disagrees with some specifics in the draft ACFL Comprehensive Plan. The plan restricts trails in the outlying areas and focuses motorcycle use to main roads where people also concentrate; this will cause more conflicts between user groups. Mr. Shea stated that the remote trails are drier, support slower speed, and don't have as many people. Mr. Shea also argued that the restriction on the engine size doesn't make sense. The operator, not the bike, is what controls the speed. His 300 cc 2- stroke bike is street legal but will now be illegal in the ACFL. The EPA says 2-stroke is okay but for some reason the ACFL Comprehensive Plan doesn't. Mr. Shea concluded that changes to the plan should be made for valid rather than perceived reasons and urged Council to review all the written comments. Denise Crowe, 11493 0 Avenue, spoke on behalf of Friends of the Forest, which supports the proposed ACFL Comprehensive Plan. Friends of the Forest feel that after a lengthy process involving much public testimony the Forest Advisory Board and staff have worked out a fair plan. It doesn't have everything the Friends of the Forest wanted but it is a true balance between competing multiple user groups and the hope for a balance between an increase in human recreation and the ongoing health of the forest lands. The ACFL is the wildest place on the island. Friends of the Forest urges Council to consider the forest as the heart of the ACFL Comprehensive Plan if it makes any changes to the current draft. Martha Hall, 2617 16th Street, thanked the City for the dog park where energetic dogs can run off leash. Ms. Hall testified that walking dogs is one of the most popular uses in the ACFL. She has walked her dog there nearly every day for eleven years but does not support designating an off leash area for dogs in the ACFL. She feels the existing leash law helps ensure that even dogs who are off leash in the woods are well-mannered and their owners restrain them when they meet other users. She feels that allowing off leash dogs will attract more energetic and less well mannered dogs. Ms. Hall said she had only three unsafe incidents with dogs in the ACFL, all with off leash dogs. Many people who have spoken tonight have good dogs who are fine off leash in the woods but it is the others she is worried about. If the ACFL is designated off leash owners would not feel obligated to control their dogs. Off leash dogs would also be likely to run in groups which can knock people down and injure other dogs. Off leash dogs don't work with bikes either; riders can't see dogs until they are right on top of them. Ms. Hall asked Council to adopt the ACFL Comprehensive Plan as presented. Anacortes City Council Minutes September 8, 2009 8 Terry Kertis, 6544 Whistle Lake Terrace, asked Council to reconsider the motorcycle issue in the draft ACFL Comprehensive Plan. He's been riding motorcycles in the woods for 40 years. Mr. Curtis observed that motorcycles keep getting pushed away and argued that motorcycles have not damaged the woods. Brian Wetcher, 814 26th Street, spoke as chairman of the Forest Advisory Board. Mr. Wetcher thanked the Parks Department staff who shepherded the plan through many drafts and rounds of public input. The draft Plan reflects the desires of the community and the twin mandates for preservation and recreation. The Forest Board hopes to continue working with climbers to develop management guidelines for Mt. Erie as outlined in the plan. The draft Plan's proposed changes regarding motorcycle use in the ACFL will be reviewed in a year to see if they have been effective. Trail changes have been designed to provide round trips for motorcycles rather than dead ends. Motorcycles can use approximately 30% of the trails. The most common user group conflict in the ACFL involves off leash dogs--in conflict with motorcycles, bikes, horses, etc. Mr. Wetcher testified that dogs off leash are a liability for the City and that if the City doesn't have a leash law it is liable if a dog bites someone. Mr. Wetcher everyone who participated in the process to arrive at the current draft and praised it as a good plan that is flexible and will move forward into the future. No one else wishing to speak, at approximately 9:41 Mayor Maxwell closed the public hearing. The Mayor reminded that written comments will be accepted until Friday, September 11, 2009 at 5 p.m. There being no further business, at approximately 9:41 p.m. Mayor Maxwell continued the regularly scheduled meeting of September 8, 2009 to Monday, September 14, 2009 for the purpose of authorizing by ordinance refunding for the City's 1999 LTGO bonds. Anacortes City Council Minutes September 8, 2009 9