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HomeMy WebLinkAboutIL288 Interlocal Agreement SKAGIT COUNTY Contract # C20190379 Page 1 of 20 INTERLOCAL COOPERATIVE AGREEMENT COA IL288 BETWEEN SKAGIT COUNTY AND CITY OF ANACORTES FOR DEPOT PLAZA THIS INTERLOCAL AGREEMENT is entered into this 3 day of SOtotCil(Y1A9fAr , 2019 between Skagit County, Washington (the "County") and City of Anacortes, a Washington Municipal Corporation (the "Recipient") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT, and in consideration of the mutual benefits do hereby agree as follows: 1. Purpose: The purpose of the contract is to distribute economic development funds pursuant to RCW 82.14.370. 2. Scope of Work: Recipient will use the funds distributed under this agreement pursuant to the intent and purpose of RCW 82.14.370. Further, Recipient is to use such funds for the Public Facility Project described in Recipient's Economic Development Applications submitted to the County which are attached to this document as Exhibit "A". Recipient may only use funds in support of constructing the Restroom Facilities. 3. Payment: County will compensate Recipient a maximum of $300,000, chargeable to GL expenditure code # 342 5850222xxxx. Recipient shall submit an invoice describing the use of funds to be distributed by the County and the County upon receipt of appropriate documentation shall distribute a portion of the awarded funding as determined by the County Contract Representative described in Paragraph 6.1 of this Contract. However, such payments shall not occur more often than monthly, through the County voucher system. The County Contract Representative has the sole discretion of determining what appropriate documentation is required in order for Recipient to receive a distribution of funds under this Agreement. 4. Recipient agrees that in the event the county or other state or federal agency finds that the funds distributed pursuant to this agreement violate any state or federal laws including but not limited to the primary purpose for which funds pursuant to this agreement are being given, Recipient agrees to return the funds provided by County under this agreement to County including any penalties and interest, and agrees to hold County harmless and indemnify County for distributing such funds contrary to state or federal law. Further, in the event that funds provided to Recipient under this agreement are used for a purpose other then what was originally described in its application of funds, then Recipient agrees to return such funds to the County upon demand. 5. The parties agree that Recipient is an independent contractor and not an employee, or agent of Skagit County. Recipient hereby agrees not to make any representations to any third party or to allow such third party to remain under the misimpression that Recipient is an employee, independent contractor, or agent of Skagit County. All payments made hereunder and all services performed shall be made and performed Page 1 pursuant to this Agreement. Recipient will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Further the Recipient represents that all employees and sub-contractors are covered under Industrial Insurance in compliance with R.C.W. Title 51. 6. Administration: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party in writing. 6.1 The County's representative shall be the Budget and Finance Director: Trisha Logue 1800 Continental Place, Suite 100 Mount Vernon, WA 98273 6.2 Recipient's representative shall be the Parks and Recreation Director: Jonn Lunsford PO Box 547 Anacortes, WA 98221 All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 7. Defense & Indemnity Agreement: The Recipient agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Recipient, its subcontractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. Recipient insurance shall be primary. Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of Recipient's insurance and shall not contribute to it. Page 2 8. This Agreement shall become effective upon execution of Resolution No. R20190120. Work on the project shall be substantially complete and contract shall expire December 31, 2021. For the purposes of this paragraph, the term "substantially complete" shall mean "when the contract work has progressed to the extent that the Recipient has full use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains to physically complete the total contract." Upon termination of this Agreement, all property acquired by the Recipient shall remain the Recipient's property, with no obligation to pay the County therefore. 9. The Recipient shall not assign any interest in this Contract and shall not transfer any interest in same without prior written County consent. 10. The Recipient will secure, at his own expense, all personnel required in performing said services under this Contract. Recipient shall be personally liable for applicable payroll, Labor and Industries premiums, and all taxes, and shall hold the County harmless from any claims related thereto. 11. Right to Review: This contract is subject to review by the State Auditor's office. The County or its designee shall have the right to review and monitor the financial components of this project. Such review may include, but is not limited to, on-site inspection by County agents or employees, and inspection of all records of other materials, which the County deems pertinent to the Agreement and its performance. Recipient shall preserve and maintain all financial records and records relating to this project under this Agreement for 3 years after contract termination, and shall make them available for such review, within Skagit County, State of Washington, upon request. 12. Acknowledgement of Funding: All books, informational pamphlets, press releases, research reports, articles, requests for information, signs or other public notices developed for or referring to the activities or programs funded by this agreement shall include the statement, "This project received funding from Skagit County," or similar language acknowledging Skagit County's funding contribution. Further, Recipient shall notify the County (or Administrative Services) no later than two weeks before a dedication ceremony or public event for any activities or programs funded by this agreement. Recipient shall also make efforts to verbally acknowledge the County's contributions to the Recipient at all dedication ceremonies or other public events relating to any programs or projects funded by this agreement. 13. Prevailing Wages: If Prevailing Wages are applicable to the work provided under the Agreement then Recipient shall submit a "Statement of Intent to Pay Prevailing Wages" prior to submitting first application for payment. Each statement of intent to pay prevailing wages must be approved by the Industrial Statistician of the Department of Labor and Industries before it is submitted to the County. Unless otherwise authorized by the Department of Labor and Industries, each voucher claim submitted by a Recipient for payment on a project estimate shall state that the prevailing wages have been paid in Page 3 accordance with the pre-filed statement or statements of Intent to Pay Prevailing Wages on file with the public agency. 14. Nondiscrimination: During the performance of this contract, the Recipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Recipient shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 15. Compliance with Applicable Law: The Recipient and all subcontractors of Recipient shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited to, nondiscrimination laws and/or policies; the Americans with Disabilities Act (ADA); Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. Sec. 52.203-5); safety and health regulations. In the event of the Recipient's or a subcontractor's noncompliance or refusal to comply with any law or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Recipient is responsible for any and all costs or liability arising from the Recipient's failure to so comply with applicable law. 16. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Skagit. This Agreement shall be governed by the laws of the State of Washington. 17. No Separate Legal Entity: It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of the Agreement. 18. Termination of Contract for Cause a. If, through any cause, the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract or if the Recipient shall violate any of its covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the Recipient describing such default or violation. Further, in the event Recipient fails to Page 4 expend funds under this contract in accordance with State or Federal laws and/or the provisions of the agreement, the County reserves to right to recapture funds expended to Recipient in an amount equal to the extent of the noncompliance. b. The County may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. 19. Termination for Public Convenience: The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion, that such termination is in the best interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Recipient shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Nonassignability: Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the Recipient. 21. Taxes: All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Recipient or its staff shall be the sole responsibility of the Recipient. Page 5 City of Anacortes _"47:___— Signature (Date 8/13/19 ) Laurie M. Gere Print Name Mayor, City of Anacortes Title Mailing Address: PO Box 547 904 6th Street Anacortes, WA 98221 Telephone No. 360-293-1900 Fed. Tax ID # Contractor Lic. #. Page 6 DATED this 3 day of S{,jt{ll'Y(,,C 2019. 1 BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON L>V11/;".. ,--- 4,,t,(„<„,6,._.-. Lisa Janicki, Chair i;')/\/ 07170,diay- Ro Wesen, Commissi er Siyva 0, Attest: Kenneth A. Dahlstedt, Commissioner Al 607 Clerk of the Board For contracts under$5,000: Authorization per Resolution R20030146 Recom ended: County Administrator _ Cialvt.Q Department Head Approved as to form: --Arl AZ2— C ci ( 2_44 „?' ( 9 Civil Deputy Prosecuting Attorney Approved as to indemnification: 49,N.v .64- Risk Mana 1 Approved as to budget: ,i14,-(apc,_44 ,., 0 Budget& Finance Dir or Page 7 Exhibit A �y � `r AECENEO ',L Economic Development Public Facility Project Application Board of County Commissioners•1800 Continental Place•Mount Vernon WA 98273 NAY 8 9 2819 voice 360-416-1300 fax 360-336-9307•www.skagitcounty.net P art 1 Applicant Information Organization City of Anacortes Address P.O.Box 547,904 6th Street,Anacortes State WA Zip 98221 Primary Contact Jonn Lunsford,Parks and Recreation Director Phone 360.299.1953 E-mail Address jonnl@cityofanacortes.org Part 2 Project Information RCW 82.14.370(3)defines"public facilities"as bridges,roads,domestic and industrial water facilities,sanitary sewer facilities,earth stabilization,storm sewer facilities,railroad,electricity,natural gas,buildings,structures,telecommunications infrastructure, transportation infrastructure,commercial infrastructure,and port facilities in the state of Washington. Project Name Depot Plaza Project-Open Stage and Restroom Location 611 R Avenue,Anacortes Facilities Project Type Public Facilities and Structures Start Date 9/2/2019 Description The Depot Arts and Community Center is located at 611 R Avenue in Anacortes. It was originally the Great Northern Train Depot built in 1911. The facility is managed by the Parks and Recreation Department and is available for rent to groups and organizations. This venue attracts events such as the Anacortes Farmers Market,weddings,graduation parties,retirement parties,concerts,art shows,craft fairs,city functions,church picnics,classes,dog training,and many more. A Depot Master Plan identifies the plaza area as a need that includes an open stage and restroom facilities,for which we are seeking funding through this grant program. These buildings/structures meet the definition of public facilities found in RCW 82.14.370(3).The open stage will be centrally located in the depot plaza area and will be approximately 350 sq.ft. It will face towards an open field on one side for larger events,and a smaller courtyard on the opposite side for more intimate performances,and be capable of hosting events such as festivals and special events. The open stage will serve as the hub for both small and large events at the Depot Plaza.The site lacks restroom facilities to accommodate these events and is necessary for further growth of events. The proposed bathroom facility will be approximately 450 sq.ft.in size to fill that need. Use of funds Describe the specifics of what funds will be spent on(e.g.,labor,equipment,material,etc.): The grants funds would be used for the design and construction costs(labor and materials)of the project.This includes a 450 sq.ft.bathroom facility and a 350 sq.ft.open stage. Part 3 Required Resources Provide a budget that shows a breakdown of project costs.Please also provide a breakdown of current and proposed funding that clearly illustrates the total funding required for the project listed by individual funding source,including any money from the Public Facilities fund.Specify any conditions attached to any funding sources. Budget Total funding requested from Distressed/Rural County Sales and Use Tax to fund public facilities projects in Skagit County(not to exceed$500,000) $ 400,E Amount primary sponsor/organization is contributing to the project $ 40,000 Other Funding Source: n/a $ n/a Other Funding Source: n/a $ n/a Other Funding Source: n/a $ n/a Other Funding Source: n/a $ n/a Other Funding Source: n/a $ n/a Total Project Cost $ 440,000 Form Updated February 11,2016 Page 8 Comments Describe impact to project if not fully funded: If the Depot Plaza Project is not fully funded,the improvements will not be constructed until funding is received. The City is committed to conducting Park improvements indicated in the Depot Master Plan to make the facility a destination venue unlike any other. page 2 of 6 form updated 9/28/2015 Page 9 Part 4 Growth Management Planning Per RCW 82.14.370(3)(a),the project must be listed as an item in the County's adopted overall economic development plan,or the economic development section of the County's comprehensive plan,or your city or town's comprehensive plan.Under which plan is the proposed project contained?(Please attach a resolution or ordinance documenting that the appropriate authority has included the project in one of the above plans.) The City's Comprehensive Plan contains goals and policies specifically relating to the community's vision for the Depot Master Plan: * Ordinance No.2982: Updating of the Comprehensive Plan under RCW 36.70A.130(5)(b) GOAL-PARK AND RECREATIONAL FACILITIES Provide a range of high quality and easily accessible park and recreational areas,facilities and opportunities that will serve a wide range of age groups,recreational interests,and ability levels. - Policy PR-1.1. Provide park areas that are convenient to and accessible for the residents of Anacortes. - Policy PR-1.4. Provide a balance of both active and passive recreation opportunities that encourage active lifestyles,facilitate lifelong participation and generate a respect for the natural environment. GOAL-PARK AND RECREATION-2.SHORELINE ACCESS Increase the opportunities for public access to and enjoyment of the shorelines of Anacortes,including both physical and visual access. Policy PR-2.1: Place a high priority on completing the multi-use trail along Guemes Channel from the Depot Arts Center to Washington Park with links to other natural areas including the ACFL and Ship Harbor Interpretive Preserve. GOAL-LAND USE-2.COMMUNITY DESIGN Promote compatible pedestrian-oriented development that respects Anacortes's historic character and small town scale while strengthening its unique marine identity. -Policy LU-2.2: Design public facilities to support and strengthen Anacortes Community Character A. Recognize that the character of public rights-of-way play a role in determining community character. Wherever feasible,promote complete streets and incorporate streetscape improvements,such as wayfinding signs,lighting,public art,enhanced landscaping and street furniture,to enhance community character. GOAL-ECONOMIC DEVELOPMENT-3.TOURISM Maintain and enhance year round opportunities for sustainable tourism in keeping with the Community's vision. -Policy ED-3.11.Promote Downtown Anacortes,including the Central Business District and Cap Sante Marina, the central Fidalgo Bay waterfront and south Commercial Avenue,as visitor destinations. * Resolution No.1973-Tourism Promotion Strategic Plan from 2016-2021 GOAL 14- PLAN AND DEVELOP FACILITIES FOR TOURISM AND ACTIVITIES - Strategy 14- Integrate the Depot and downtown with Cap Sante Marina. - Action 14A-4 Develop pedestrian connectivity between Cap Sante Marina and Commercial Avenue - Strategy 14C- Form development partnerships with new construction. - Strategy 14E- Consider handicap accessibility and ADA requirements in construction or upgrades. Project location Incorporated Area Zoning: Commercial,Border of Central Business District page 3 of 6 form updated 9/28/2015 Page 10 Part 5 Value Proposition Business Is this project supportive of a specific business?If so,how many?Please provide names of businesses if known. The Depot Plaza Project directly supports the Anacortes Farmers Market including its 95 vendors,as well as the community and business community at large. The Depot is home to the Anacortes Farmers Market,many special events,concerts,and art shows just two blocks away from the Central Business District. Providing modern facilities for special events is key to a vibrant community that relies heavily on these activities to support its local businesses.Events such as the Anacortes Farmers Market draw people to our island and help to keep visitors in the area longer and support our local artists and farmers. Improvements to the Depot Plaza will help these events grow and increase tourism in the City,which will in turn help businesses retain positions,and create job growth,with the overall effect of supporting the growing economy. The economic impacts of special events of an area can be categorized into primary and secondary economic impacts. The primary impact is the direct economic impact of the event.Those who attend the special events utilize local hotels and accommodations,go to eating establishments and grocery stores,visit stores to purchase general merchandise,purchase from vendors and exhibitors at the festival,and purchase fuel for their vehicles. Secondary impacts are those that result from the introduction of new money into the economy and the spending of wages and salaries by workers supporting these events. Jobs Describe,in specific detail,how this project will create jobs and/or allow for the retention of current jobs. Many of the Anacortes community's special events are held at the Depot Plaza. Improving the Park facilities, layout and programming will encourage expansion of existing events and promote additional opportunities for events in the City. This translates to more business downtown,at the local grocery stores,gas stations and businesses throughout the city and Skagit County. While it is difficult to determine the exact number,the City has utilized the Washington State County Travel Impacts&Visitor Volume study prepared by Dean Runyan Associates for the Washington Tourism Alliance to estimate the number of jobs that may be created. The purpose of the study is to document the economic significance of the travel industry in Washington State from 2000-2015.The findings show the level of travel spending by those traveling to and through the state and the impact this spending has on the economy in terms of earnings,employment,and tax revenue.Other estimates provided in the report include overnight visitor volume and average daily spending by type of visitor. From a general perspective,the expectation is they will increase due to the number and size of events held at the Depot that will have use of the stage and restroom facilities. Obviously,if only a portion of the overall project is funded and constructed,only a portion of the jobs can be expected to materialize. "Data to calculate the Job Detail was compiled from the Washington State County Travel Impacts&Visitor Volume study prepared by Dean Runyan Associates for the Washington Tourism Alliance. The job detail analysis summary has been provided below with the attached breakdown document titled: Part 5 Value Proposition,Job Detail Data." Job Detail Provide information on the following:(a)the average wage,including benefits,and the number of new jobs/FTEs;and (b)the average wage,including benefits,as the result of the project.Please be specific as possible.Generic information may not be scored.Do not include any construction-related jobs. Jobs/FTEs Retained Jobs/FTEs Created 1-3 Years Jobs/FTEs Created 4 Years Number of Jobs/FTEs 32.49 3 5 Average Wage/FTE $49,741 $51,233(3%) $52,770(3%) page 4 of 6 form updated 9/28/2015 Page 11 Skagit County Rural County Economic Development Grant-2019 City of Anacortes Depot Plaza Project-Open Stage and Restroom Facilities PART 5-VALUE PROPOSITION,JOB DETAIL DATA We have determined the anticipated economic impact of the Depot Plaza Project by applying the theories obtained from the Dean Runyan County Impact Report from April 2016 to just one event that is and will be held in the renovated Depot Plaza,the Anacortes Farmers Market. The Anacortes Farmers Market(AFM)is a community-based organization developed exclusively for charitable and educational purposes. Specifically, the AFM supports the education of the community about sustainable agriculture and local commerce, lessens the burden of the local government through programs which bring affordable, local produce to the underprivileged (e.g. EBT programs) and supporting local commerce and tourism, lessens neighborhood tensions through fostering community relations, and combating community deterioration through the support of local commerce,especially local farmers supporting 95 vendors who sell their locally grown produce,crafts,flowers and plants,baked goods,art,apparel,food and drink,and music. Other events currently held at this venue include concerts,art shows,art fairs,weddings,graduation parties,classes, retirement parties,and craft fairs. The improvements to the Depot Plaza will attract new events that could increase these projections. FREQUENCY The Anacortes Farmers Market is held every Saturday from May to October(26 total Saturdays) EVENT VISITORS The Anacortes Farmers Market attracts approximately 2,000 people each Saturday according to a market research analysis that was conducted by the Anacortes Farmers Market. DOLLAR SPENT PER PERSON*1* Item per day *of day S scent per year Shopping $12.00 26 $624,000 Grocery $10.00 26 $520,000 Restaurants $25.00 26 $1,300,000 SL444.000 JOB DETAIL SUMMARY*2* Jobs Anacortes Farmers Market 32,4g Total Jobs Retained 32.49 Jobs Created in 1-3 years 3 Jobs Created 4 years 5 Average Wage*3* 49 4 Average Wage in 1-3 years $51,233 Average Wage in 4 years $52,770 ASSUMPTIONS *1*Groceries,Shopping,Restaurants are based on average economic visitor spending from the Dean Runyan Associates Travel Impact Report for 2012. *2*According to the Dean Runyan Travel Impact Report for 2012,$75,220 of visitor spending supports one(1) job. *3*Average wage comes from per capita income information from the Bureau of Economic Analysis,with an assumed 3%annual growth. Page 12 Infrastructure How will this project improve local infrastructure capacity?How much additional capacity will be provided for future development?Please be specific in your answer. The Depot Plaza open stage and restroom facilities is a tourism infrastructure project. It will increase the Depot's capacity for open air performances at the stage which faces toward an open plaza on both sides for events and performances and will be approximately 350 sq.ft.in size. The restroom facilities will have space to accommodate the restroom needs for these larger events and will be approximately 450 sq.ft.in size. These buildings/structures meet the definition of public facilities found in RCW 82.14.370(3). Part 6 Project Timeline Timeline Provide a timeline for the project.Please include specific deadlines for segments or phases of the project, including total project begin date and completion date. The project is ready to proceed. As soon as grant funding is available,design,permitting,and construction will commence and is intended to be completed by the end of 2021. Phasing If this is a phased project,for which phase are you applying for funding? While the Depot Plaza improvements are being phased,the proposed grant application will be completed in one phase as part of the Depot Plaza portion of the project. Completion By what date will the project(or this phase)be complete?Funds will lapse and may not be spent after this date. This project will be complete by the end of 2021. Efforts So Far Summarize efforts taken to date regarding the project.What planning has taken place?Have engineering reports and feasibility studies been prepared?If so,describe them. Brekke Works,a building consultant located in the Anacortes area prepared a Depot Stage Project plan that the Depot Design Group reviewed in August 2018 and involved elements such as the north depot master plan, depot stage and Madrona Grove Art Gallery access proposal,design options,and full material information. The Depot Master Plan was developed over a six month period beginning in January 2006 by a consultant team under the guidance of community members and the Depot Master Plan Committee. The Plan was developed in three phases. The first phase included a review of existing conditions,opportunities and constraints,and concluded with the identification of a basic framework and alternative design ideas.In the second phase,a preferred concept and implementation strategy was developed.In the final phase,the preferred concept was transformed into this final Master Plan. The team held three public workshops during each phase of work to guide the Plan's development. •Workshop#1,March 2,2006. The purpose of this meeting was both to inform the community about the project and to gather ideas on ways the site could better serve the community.Feedback from this meeting established design principles and visual preferences,used to generate a basic framework plan and a number of design ideas for the site. •Workshop#2,April 6,2006. Participants evaluated and prioritized site concepts and design ideas.Feedback from this meeting was used to identify the preferred site plan components. •Workshop#3,May 31,2006. Participants evaluated the draft Depot Master Plan recommendations;this input was used in finalizing Master Plan recommendations. page 5 of 6 form updated 9/28/2015 Page 13 Part 7 Action Plan What quantifiable measures are you going to track to measure the success of the project? Quantitative measures include: • Measuring the use of the Park through the number of special event requests and facility rental requests. This will be measured against the number and types of events from previous years and attendance records. In addition,there are many qualitative measures the City could track for this project,including providing safe and accessible parks and facilities to all residents and visitors;improving the usability of park land achieving environmental stability;and fostering collaboration,coordination,and partnerships throughout the community. The success of the implementation of the Depot Plaza Project will be measured by meeting all of the measurable,objective goals as identified below: Goal-Provide safe and accessible parks and facilities to all residents and visitors • Promote connectivity of parks and trails from existing neighborhoods and high-density areas. • Park facilities conform to the requirements of the Americans with Disabilities Act Goal-Converting land base into useable Public Park • The current footprint of the Depot Plaza is currently an open area. With this improvement the land base will be converted into useable public park facilities. The Park will enhance the quality of life by encouraging our residents to engage in physical activity. • When completed,The Depot Plaza will consist of 5.75 acres of useable public park facilities. Goal-Achieve Environmental Stability • Park facilities are designed to be water and energy efficient. • Landscaping projects incorporate native plants and support wildlife. Goal-Foster collaboration,coordination,and partnerships throughout the community • Continue to foster relationships with other City,State and federal entities;other City departments;non-profit organizations;boards,commissions,and neighborhood groups • Connects the Port of Anacortes facilities in the area, Madrona Grove,Friends of the Forest,Maritime Heritage Center, Anacortes Museum W.T.Preston,Dakota Creek Industries,Anacortes Housing Authority,and Transpac Marina. Part 8 Miscellaneous Include information related to the project,if any,that would assist the Economic Development Advisory Committee and the Board of County Commissioners in evaluating the funding request,such as emergency declarations,bird-in-hand industry,volunteer efforts,links to other priority projects,etc. The City of Anacortes,and more specifically the Depot,is the major provider of organized outdoor activities on Fidalgo Island. As such,maintenance and improvements to the Depot provide a benefit to the whole community. The City's maintenance of such facilities allows the County to focus on other important projects to improve economic development. Part 9 Applicant Certification The applicant here certifies and affirms(1)that it does not now,nor will it during the performance of any contract arising from this application,unlawfully discriminate against any employee,applicant for employment,client,customer,or other person who might benefit from said contract,by reason of age,race,color,ethnicity,sex,religion,creed,place of birth,or degree of handicap;(2)that it will abide by all relevant local,state and federal laws and regulations;and(3)that it has read and understood the provisions and restrictions in each part above and will comply with all provisions thereof. Signature Date L -- May 9,2019 Printed Name Jonn Lunsford Title Director,Parks and Recreation Department page 6 of 6 form updated 9/28/2015 Page 14 Depot Plaza,Open Stage Design and Concept 'rev•,t , 'I Sou.} • a 1��� .., 1 "' . ‘•1" sif'rrr777$reiAle • r�V M. 1% d`r „y+�,3 ....t",• r"'_. d w�/�" ' 44 , T .w f +xu<' � ajas C • EI � am_ 11,1111 ,, ., ii rr ........... .. 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Mom fgbi4l M 12*.1 CAM `r R l'OD . ,.,..- - , all ..,-, gyp." t M O r c i ... ,., . .. ,. .,, , ,,,,,, , .._ ,.. .., , ,ti,_,,1W-1 6 ,. 4 Pt P CO > 4 MONTROSi 0 ORDINANCE NO.2982 AN ORDINANCE OF THE CITY OF ANACORTES,WASHINGTON,SETTING FORTH THE BASIS OF THE CITY'S COMPLIANCE WITH THE GROWTH MANAGEMENT ACTS (GMA) REQUIRED REVIEW AND UPDATING OF THE CITY'S COMPREHENSIVE PLAN UNDER RCW 36.70A.130(5)(b), REPEALING THE COMPREHENSIVE PLAN ADOPTED BY ORDINANCE 2757, AND ADOPTING A NEW COMPREHENSIVE PLAN PURSUANT TO THE CITY'S PERIODIC GMA COMPREHENSIVE PLAN AMENDMENT AND UPDATE PROCESS. WHEREAS,on September 20, 1993,the Anacortes City Council enacted Ordinance 2294 which adopted the City's Comprehensive Plan pursuant to the requirements of the Growth Management Act; and WHEREAS,on December 18,2006,the Anacortes City Council enacted Ordinance 2757 which adopted a new Comprehensive Plan pursuant to RCW 36.70A-130 and it has been amended it cyclically thereafter;and WHEREAS, pursuant to the schedule provided in RCW 36.70A.130, the City must periodically review and, if needed, revise its Comprehensive Plan to ensure that it complies with the Growth Management Act;and WHEREAS,on March 13,2013 the Planning Commission took public comment regarding the scope of the 2016 periodic review and update of the Comprehensive Plan;and WHEREAS,after review of the public comments on the scope of the update,the City Council directed that the update include an extensive visioning and community input effort;and WHEREAS,on April 7,2014 the Anacortes City Council adopted Resolution 1885 establishing a public participation plan in accordance with RCW 36.70A.130(2) that identified procedures and anticipated schedules for reviewing and revising the Comprehensive Plan;and WHEREAS,on April 7,2014 the Anacortes City Council adopted Resolution 1888 establishing a Community Advisory Committee(CAC)to assist in updating the Comprehensive Plan. The CAC met over 28 times at public meetings from April,2014 to December,2015 and provided recommendations to the Planning Commission and City Council on a wide variety of topics to support the development of the 2016 Comprehensive Plan Update;and WHEREAS, the public process for the Comprehensive Plan update has provided for early and continuous public participation opportunities including accepting written public comment by email from April,2014 through June,2016;at the City's Farmers'Market from August through September,2014;at presentations to civic and community organizations from June,2014 through July,2015;and WHEREAS,the City held public workshops on March 27,2014,April 30,2014,August 26,2014, February 26,2015 and a public open house on December 8,2015;and Ord.2982 Page 1 of 4 Page 17 WHEREAS, the City published numerous legal notices regarding the development and public review of the Comprehensive Plan update in the Anacortes American, posted notices on the City's website,at the library,City Hall and the post office;and sent notices and regular updates to the City's Comprehensive Plan Update email distribution list;and WHEREAS,the Community Advisory Committee,Planning Commission and City Council held joint public meetings on September 8,2014,September 11,2014,March 25,2015 and April 8,2015 to review and discuss the CAC's recommendations for updates to the Comprehensive Plan,including changes to the City's Future Land Use Map;and WHEREAS,the Anacortes Planning Commission and City Council took public comment at meetings on May 13,2015,May 27,2015,June 8,2015,June 10,2015,June 22,2015,July 6,2015,and July 20,2015 regarding the Comprehensive Plan update,including proposed changes to the Future Land Use Map;and WHEREAS,after review of the input from the public,stakeholders,CAC,Planning Commission, and City Council,an initial Draft 2016 Comprehensive Plan,including updated growth targets,policy and text amendments and Future Land Use Map amendments was prepared and released for public review and comment in October,2015;and WHEREAS, notice of the Comprehensive Plan public hearing schedule before the Planning Commission was published in the Anacortes American on December 23,2015 and December 30,2015, mailed to residents,occupants and owners of property in the City of Anacortes and within the 98221 zip code,and distributed to interested parties,organizations,agencies and tribes;and WHEREAS,the Planning Commission held public hearings on January 6,2016, January 13,2016, January 20,2016 and January 27,2016 to receive formal comments from the public on the proposed 2016 Comprehensive Plan;and WHEREAS,at a special meeting on March 2,2016 the Planning Commission considered the public comments received and other information presented at various public meetings and public hearings and voted to recommend adoption of the 2016 Comprehensive Plan to the City Council;and WHEREAS, a State Environmental Policy Act (SEPA) expanded checklist was prepared and a Determination of Nonsignificance(DNS)was issued and notice posted in the Anacortes American on March 16,2016 and distributed to interested parties,organizations,agencies and tribes;and WHEREAS, the City Council considered the 2016 Comprehensive Plan recommended by the Planning Commission at study sessions on March 21,2016,March 28,2016,April 4,2016,April 11,2016 and April 18,2016 and at a special meeting on May 24,2016 and directed various changes to the draft; and WHEREAS,the City Council held a public hearing on June 20,2016 and June 27,2016 to allow for additional public testimony and to receive comments regarding the 2016 Comprehensive Plan;and WHEREAS, as a result of the City's efforts, the public has had continuous and extensive opportunity to participate in the development and public review of the 2016 Comprehensive Plan and all Ord.2982 Page 2 of 4 Page 18 persons desiring to comment on the proposal were given a full and complete opportunity to be heard; and WHEREAS,a notice of intent to adopt in accordance with the procedures for 60 day review was transmitted to the Washington State Department of Commerce,Growth Management Division,and other state agencies on March 17,2016,and receipt acknowledged by Commerce on March 21,2016; WHEREAS,the City will continue to review and,if needed,update its development regulations protecting critical areas within 12 months of the schedule identified RCW 36.70A.130; WHEREAS,the City Council has considered the goals of the GMA as set forth in RCW 36.70A.020 and determined that the 2016 Comprehensive Plan attached hereto reflect the City's balancing of the public interests under the planning goals of the GMA; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ANACORTES,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. Findings. The above recitals are hereby adopted by reference as legislative findings in support of this ordinance. The City Council further enters the following findings. A. The Comprehensive Plan set forth herein bears a substantial relation to the public health,safety and welfare. B. The Comprehensive Plan set forth herein is in the best interest of City of Anacortes residents. C. The Comprehensive Plan set forth herein has been processed,reviewed,considered, and adopted in material compliance with all applicable state and local procedural requirements,standards and criteria,including but not limited to the requirements of Chapter 36.70A RCW. D. All relevant procedural requirements of the State Environmental Policy Act have been satisfied with respect to this ordinance. Section 2. 2007 Anacortes Comprehensive Plan Repealed. The 2007 Anacortes Comprehensive Plan adopted by Ordinance 2757 and amended by Ordinances 2812,2880,and 2901 is hereby repealed in its entirety. Section 3. City of Anacortes 2007 Transportation Plan Repealed. The City of Anacortes 2007 Transportation Plan,dated March,2008,adopted by Ordinance 2796 is hereby repealed in its entirety. Section 4. 2016 Anacortes Comprehensive Plan Adopted. The 2016 Anacortes Comprehensive Plan dated July,2016 which is comprised in its entirety of Volumes 1 and 2 attached hereto,is hereby adopted as if fully set forth herein. Section S. Production and Publication of 2016 Comprehensive Plan. Staff is hereby directed to perform any minor,non-substantive text edits,syntax error corrections,and minor modifications to the Ord.2982 Page 3 of 4 Page 19 format of the 2016 Comprehensive Plan as necessary to provide for accurate and correct publication of said document both in printed and electronic format for accessibility of the general public and to provide for the publication of the Future Land Use Map as a separate reference document for ease of use and reference to the general public. Section 6. Transmittal to State. Pursuant to RCW 36.70A.106,a copy of this ordinance shall be submitted to the State Department of Commerce. Section 7. Severability. If any section, subsection, sentence, clause, phrase or work of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this Ordinance. Section& Effective Date. This Ordinance shall become effective five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor this 18"day of Juyl ,2016. CITY OF ANACORTES,WASHINGTON Laurie Gere,Mayor ATTEST: By: Steve Hoglund,Crty Clerk/Treasurer APPROVED AS TO FORM: By: ' yj ~� Darcy Swet(iam,C�y Attorney Date of Publication: Effective Date: (5 days after publication) Ord.2982 Page 4 of 4 Page 20