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HomeMy WebLinkAbout2000 City Council Minutes15 0 7anuary3, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of January 3, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Jeanne Robinette. Absent: Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Rock, that the minutes of December 20, 1999 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, and Robinette. Abstain: Carlisle. Motion carried. Mrs. Robinette highlighted that the Fidalgo Bay Plan will be before Council on Tuesday, January 18, 2000. ` Citizen Hearings Mr. John McMakin, 3825 S Avenue, asked the Council to at some point address the Zoning Ordinance section on fences, walls, and hedges. Reading from Section 17.52.010, "General Requirements", Mr. McMakin suggested that the current language regarding side yards abutting a street is too restrictive. Mr. McMakin then described the unique site conditions of his property, read from landscaping design literature, and suggested less restrictive code language. The Planning Director, Mr. Ian Munce, explained that this issue will be directed to the Planning Commission for the year 2000 development regulation and comprehensive plan amendment deliberations. Mayor Maxwell thanked Mr. McMaMn for his presentation and Council referred this matter to the Planning Commission. Mayor/council Communication' Z"00 �nr0.O.N6'VC..J!.V'.A.:A.S,'A':? Rici: C/a%C*.'<'.;'!3 A'•.' Mayor Maxwell asked that those Councilmembers interested in attending the AWC legislative conference on February 9th and 10th in Olympia, please contact Mrs. Cherri Kahns with the Mayor's office. Mr. George Khtaian, Finance Director, then administered the Oath of Office to Mr. Bill Carlisle, Ward 3, Mr. Nick Petrish, Ward 1, and Mr. Ken Brown, Ward 2. The ceremony concluded with applause from the audience. Mayor Maxwell read a Proclamation proclaiming January 30, 2000 through February 5, 2000 as Toastmasters Week in the City of Anacortes and encouraged citizens to recognize the communication improvements encouraged by this organization. Mrs. Erica Pickett, Toastmaster, introduced the local club president, Mr. McCail Smith. Mr. Smith thanked the Mayor for the Proclamation and encouraged anyone interested to attend Toastmaster meetings at noon, Mondays at Village Pizza. Mayor Maxwell asked that Council confirm the appointment of Mr. Allen Hatfield to the Civil Service Commission. Mr. Sizemore so moved, seconded by Carlisle. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Carlisle, and Petrish. Motion carried. Mr. Sizemore moved, seconded by Mr. Brown to appoint Councilman Christiansen as Mayor Pro -Tem. Mrs. Robinette offered to volunteer for this responsibility. Vote: Ayes — Brown, Robinette, Carlisle, Petrish, and Sizemore. Abstain: Christiansen. Motion carried. Mr. Petrish asked that specific overheads be provided for the Fidalgo Bay Plan meeting on January 18th In particular, overheads identifying boundaries of the original urban renewal area; what land mass is in the CM 1 area; what land mass is in the CM 2 area, and what portion of the CM 1 zone was in the original urban renewal area. Mr. Petrish also asked to know the number of families relocated from the CM 1 zone from 22nd to 17th Street, how many times the property has changed hands since initially declared urban renewal, and when did Scott Paper property become a part of the Urban Renewal Area. Mr. Petrish also suggested that this information be reported in the Anacortes American. Mayor Pro -tem Christiansen asked Councilmembers to consider which Council committees they will volunteer to serve on in the coming year. Approval of Vouchers/Cancellation of Warrants Mr. Christiansen moved, seconded by Mr. Council voted 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 December 23, 1999 and December 30, 1999 are approved for payment as of this date, January 3, 2000. Council vote was unanimous. Claims Warrants Jan, 2000: Warrant Numbers 5876 through 5997 in the total amount of $623,372.64 Payroll Dec, 1999 Warrant Numbers 15983 to 16108 in the total amount of $310,056. In the same motion Council cancelled Warrant # 5731 in the amount of $34.88 Closed Record Meetinq — Western Wireless Conditional Use (continue to July 10. 2000) Mr. Ian Munce, Planning Director, presented a brief update relative to the Mt. Erie site as a telecommunication facility. The City has leased this property to Puget Sound Energy to manage this site on the City's behalf for multiple benefits. In that regard PSE has submitted a Conditional Use application for a Mt. Erie Site Master Plan with public hearings to be scheduled before Planning Commission and Council. Originally, the property came to the City from the Kiwanis with certain understandings. Both PSE and Kiwanis are working toward balancing the initial intent for the property with the proposed future use. Currently, Western Wireless is operating on Mt. Erie with a temporary basis and action on that Conditional Use application has been postponed until July 10, 2000. January 3, 2000 - continued 1508 Water GFC Waiver: Ordinance Mr. Ian Munce, Planning Director, presented an Ordinance to Council that would provide for a waiver of water general facilities charges (GFC) in certain circumstances. In particular, the Southlands Short Plat approval is conditioned, in part, by an agreement between "O" Avenue property owners and Ron Woolworth for the installation of a water system to connect with the Southlands short plat. With the imposition of a Latecomers Agreement the "O" Avenue property owners would be eligible for the waiver provided connection is made within two years of the project acceptance by Council. Discussion followed regarding potential opportunity for this waiver for the 41St Street waterline project. Mr. Munce then presented the second Ordinance for Council review amending the current Ordinance outlining waiver provisions for sewer general facilities charges. Mr. Munce explained that the amendments clarify the waiver provisions for the sewer GFC so that the wording is consistent with the water GFC waiver ordinance. With that, Mr. Brown moved, seconded by Mr. Sizemore to adopt Ordinance No. 2518 entitled "An Ordinance Providing for a Waiver of Water General Facilities Charges in Certain Circumstances", and Ordinance No. 2519 entitled "An Ordinance Providing for a Waiver of Sewer General Facilities charges in Certain Circumstances and Repealing Ordinance Number 2297 passed and approved on the 4th day of October, 1993". Vote: Ayes — Robinette, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Museum Exterior Presentation Proiect — Authorization to Proceed Ms. Karen Marshall, Museum Director, presented a proposal to Council for the Carnegie building exterior work bid specifications. Referencing a December, 1999 Memorandum to Council Ms. Marshall outlined three options for the work structure with the preferred alternative to use a masonry restoration contractor who is a general contractor to do the critical masonry work and who will then coordinate the subcontracting. Further, the critical elements are the cornice and masonry problems and the related preparation of the building prior to painting. A review of the financial implications concluded the presentation. The Mayor suggested flexibility regarding the cornice replacement alternatives. Mr. Christiansen discussed use of galvanized steel in the improvements and emphasized the need for first having a watertight building. Mrs. Robinette inquired about the "free of brush mark" specification. Mr. Sizemore moved, seconded by Mr. Christiansen, that the specifications be sent out to bid for the Carnegie Building Exterior Work using Alternative # 3 as outlined in the December, 1999 Memorandum from the Museum Director to the Mayor and Council. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Citv Improvement Board: Ordinance Mr. Ian Munce, Planning Director, presented a draft Ordinance to Council dealing with the regulation of improperly maintained premises and structures, sidewalks and easements within the City and providing for penalties for violation. Mr. Munce described the nuisance abatement procedures to date including use of a code enforcement officer. The majority of the time when contacted the homeowner will voluntarily comply. The City Attorney, Steve Mansfield, reviewed this matter in Study Session and after research Mr. Mansfield recommends language that calls for a 3 -member board to hear nuisance abatement issues when an impasse is reached. Appeals to the Board would come to Council. Ample due process and notice is provided by the Ordinance. Discussion followed with Councilmembers discussing how often the Board would meet, appearance of fairness doctrine, functions of the hearing process, Board site visits, volume of detail in the ordinance, and fees. Mr. Munce encouraged Councilmembers to forward proposed amendments to his office. With that, Mr. Sizemore moved, seconded by Mr. Petrish, to table this matter for two weeks. Vote: Ayes — Petrish, Sizemore, Brown, Robinette, and Carlisle. No — Christiansen. Motion carried. Water Service Area Realignment (South March Point) Mr. Ian Munce, Planning Director, presented a Purchase Agreement for PUD's infrastructure located in the recently annexed area of South March Point. Previously studied and reviewed by Council during Public Works Budget deliberations, a small area just east of Reservation Road and north of Highway 20 is currently in the PUD service area. The Mayor emphasized that our responsibility is to provide City utilities for this annexed area. Mr. Christiansen moved, seconded by Mr. Brown, to approve a Purchase Agreement in the amount of $54,500 for the undepreciated, historic cost of the water system and establishes a schedule for replacement of approximately 4,200 lineal feet of 6 -inch water line; this Agreement constitutes Amendment #3 to the joint Operating Agreement between the City and PUD relative to service area. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Carlisle, and Petrish. Motion carried. Executive Session (30 Minutest At approximately 9:00 p.m. the Mayor announced that the Council would convene in Executive Session to discuss the possible sale of two Industrial Park properties. At approximately 9:30 p.m. the Council reconvened and without taking any further action the meeting of January 3, 2000 was adjourned. -;v. � W4*4�xv G o e Kht ian, City clerk -Treasurer H. Dean Maxwell, Mq or ouncilmember 1509 January 3, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of January 3, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Jeanne Robinette. Absent: Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Rock, that the minutes of December 20, 1999 be approved as if .read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, and Robinette. Abstain: Carlisle. Motion carried. Mrs. Robinette highlighted that the Fidalgo Bay Plan will be before Council on Tuesday, January 18, 2000. Citizen Hearinas Mr. John McMakin, 3825 S Avenue, asked the Council to at some point address the Zoning Ordinance section on fences, walls, and hedges. Reading from Section 17.52.010, "General Requirements", Mr. McMakin suggested that the current language regarding side yards abutting a street is too restrictive. Mr. McMakin then described the unique site conditions of his property, read from landscaping design literature, and suggested less restrictive code language. The Planning Director, Mr. Ian Munce, explained that this issue will be directed to the Planning Commission for the year 2000 development regulation and comprehensive plan amendment deliberations. Mayor Maxwell thanked Mr. McMakin for his presentation and Council referred this matter to the Planning Commission. Mayor/Council Communicr �+? . ,. o Mayor Maxwell asked tha+ ,,ncilmembers interested in attending the AWC legislative conference on February Q, Olympia, please contact Mrs. Cherri Kahns with the Mayor's office. �S� Mr. George Khtaian, Finance Dire, Ward 3, Mr. Nick Petrish, Ward 1, an, applause from the audience. ,tered the Oath of Office to Mr. Bill Carlisle, Ward 2. The ceremony concluded with Mayor Maxwell read a Proclamation proclaiming . "dt " through February 5, 2000 as Toastmasters Week in the City of Anacortes al. SIO-itizens to recognize the communication improvements encouraged by thisdg� Mrs. Erica Pickett, Toastmaster, introduced the local club president, Mr. Mc. ,fir. Smith thanked the Mayor for the Proclamation and encouraged anyone interesteu J Toastmaster meetings at noon, Mondays at Village Pizza. Mayor Maxwell asked that Council confirm the appointment of Mr. Allen Hatfield to the Civil Service Commission. Mr. Sizemore so moved, seconded by Carlisle. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Carlisle, and Petrish. Motion carried. Mr. Sizemore moved, seconded by Mr. Brown to appoint Councilman Christiansen as Mayor Pro -Tem. Mrs. Robinette offered to volunteer for this responsibility. Vote: Ayes — Brown, Robinette, Carlisle, Petrish, and Sizemore. Abstain: Christiansen. Motion carried. Mr. Petrish asked that specific overheads be provided for the Fidalgo Bay Plan meeting on January 18th. In particular, overheads identifying boundaries of the original urban renewal area; what land mass is in the CM 1 area; what land mass is in the CM 2 area, and what portion of the CM 1 zone was in the original urban renewal area. Mr. Petrish also asked to know the number of families relocated from the CM 1 zone from 22nd to 17th Street, how many times the property has changed hands since initially declared urban renewal, and when did Scott Paper property become a part of the Urban Renewal Area. Mr. Petrish also suggested that this information be reported in the Anacortes American. Mayor Pro -tem Christiansen asked Councilmembers to consider which Council committees they will volunteer to serve on in the coming year. Approval of Vouchers/Cancellation of Warrants Mr. Christiansen moved, seconded by Mr. Council voted 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 December 23, 1999 and December 30, 1999 are approved for payment as of this date, January 3, 2000. Council vote was unanimous. Claims Warrants Jan, 2000: Warrant Numbers 5876 through 5997 in the total amount of $623,372.64 Payroll Dec, 1999 Warrant Numbers 15983 to 16108 in the total amount of $310,056. January 18, 2000 At 7:30 p.m. Mayor Maxwell called the regularly order. Roll call found present: Bill Carlisle, Nick Christiansen, Jeanne Robinette, and Bud Rock. Allegiance. 1510 scheduled meeting of January 18, 2000 to Petrish, Ray Sizemore, Ken Brown, Terry Roll call was followed by the Pledge of Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Rock, that the minutes of January 3, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to speak on items not on the agenda. 'Mayor/Council Communications Mayor Maxwell asked that Council confirm the appointment of Mr. Bob Murray to the Civil Service Commission. Mr. Rock so moved, seconded by Mr. Brown. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. The Mayor thanked outgoing Commissioner Mr. Alan Souders for his contributions as a member of the Commission. Fidalao Bav Plan: Ordinances Adootinq Mayor Maxwell introduced Councilman Christiansen who wished to speak on this matter. As the Fidalgo Bay Plan nears completion after considerable and painstaking efforts from the community and City staff, a final amendment to the Plan to allow residential use in the CM 1 zone has met with concern. Although still supporting a mixed-use type of development in this zone, Mr. Christiansen recommended the following in order to move this Plan forward. Mr. Christiansen moved to adopt Ordinance # 2520 entitled "Adopting the Fidalgo Bay Plan, a Sub - Area Plan to the City Comprehensive Plan" and Ordinance # 2521 entitled "Ordinance Amending the Development Regulations for the City of Anacortes (Zoning Ordinance)". The motion was made subject to two conditions: (1) the deletion of the phrase "condominiums and/or multi -family residences through the PUD process provided: the housing is part of a master planned, mixed-use development" from Permitted Uses in the Cm1 Zone, and (2) the referral of the housing issue to the Planning Commission for further Public Hearings. Mr. Sizemore seconded the motion. Councilmembers spoke in favor of the motion. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Mayor Maxwell thanked the Council for its thorough review of this issue and its action on behalf of the community. Mayor Maxwell then turned the meeting over to Mayor Pro -Tem Christiansen. Ordinance: Citv Improvement Board Mr. Ian Munce, Planning Director, presented a revised City Improvement Board Ordinance to Council for review and comment. Previously reviewed in Study Session, the Ordinance now before Council incorporates Council recommended language. With regard to disputes the Ordinance will provide for an intermediate step between City staff/Council/Superior Court. A 3 - person Community Improvement Board would be formed to hear appeals from citizens. The Board's decision would be appealable to the Council. At Council direction this Ordinance has been developed to enforce the nuisance provision of the City's Code. With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2522 regulating improperly maintained premises or structures within the City of Anacortes. Mrs. Robinette spoke against the motion citing costly fines and a document too detailed for general public use. Vote: Ayes — Christiansen, Rock, Carlisle, Petrish, Sizemore, and Brown. No — Robinette. Motion carried. Mr. Brown then encouraged any citizen interested in serving on this Board to contact their Council Ward representative. Ordinance: Revisina Latecomers Aareement Provisions Mr. Ian Munce, Planning Director, presented a revised Latecomers Agreement Ordinance. In order to ensure that the whole neighborhood benefits from the Southlands/41 st Street utility extensions the Council directed the City to participate in some of the development costs. With the revised Ordinance the City can be an applicant on its own behalf for Latecomers via a surcharge on any new development until the City has recovered up -front water and sewer charges; the recovery period is 15 years. Mr. Sizemore complimented City staff, the developer, and residences of the Southlands project on developing a compromise whereby everyone benefits. With that Mr. Sizemore moved to adopt Ordinance No. 2523 entitled "An Ordinance Adopting new Procedures for Establishing Latecomers Agreements for Street and Utility Improvements and Repealing Ordinance # 2173 and Ordinance # 2334." Mr. Carlisle seconded the motion. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. 1511 January 18, 2000 - continued Acceptance: "M" Avenue Sidewalk Improvements Mr. Dave Lervik, City Engineer, presented a January 11, 2000 memorandum detailing the final cost breakdown for the "M" Avenue sidewalk project. Sidewalks from 11'h Street to 41 sc Street have been installed and funded, in part, by a grant from the Transportation Improvement Board. With that, Mr. Brown moved, seconded by Mr. Rock, to accept the "M" Avenue Sidewalk Project as complete. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Mr. Lervik reported on the current TIB grant application process. Consent Aaenda Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the Consent Agenda. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 January 6, 2000 and January 13, 2000 are approved for payment as of this date, January 18, 2000. Council vote was unanimous. Claims Warrants Jan, 2000: Warrant Numbers 5998 through 6213 in the total amount of $612,437.57 Prewritten Claims Dec, 1999 Warrant Numbers 5867-5869, 5871 in the total amount of $7,383.92 In the same motion Council adopted Resolution No. 1529 setting February 22, 2000 as the public hearing date on a Petition to Vacate a portion of the alley in Block 229, Anacortes Original. Public Hearina: 1999 Comprehensive Plan and Development Rea_ ulation Amendments Mayor Christiansen opened the Public Hearing to review the 1999 Comprehensive Plan and Development Regulation changes. Mr. Ian Munce, Planning Director, reviewed the proposals before Council and explained the standardized procedures under the Growth Management Act for considering amendments to the Comprehensive Plan and development regulations. This year's annual review has highlighted a concurrency ordinance, a landscaping ordinance, and language on retaining walls. This hearing will be an opportunity for further community input. Mr. Munce then suggested that a Study Session be held to follow this Public Hearing. With that, Mayor Christiansen, opened the Public Hearing for citizen input. Mr. Ross O. Barnes, 13695 Harbor Lane, addressed the landscaping ordinance as inadequate for use with the imposition of arbitrary landscaping standards to homeowners front yards, no language for the R 1 zone, arbitrary height restrictions for shrubs, and vague language for definition of open space. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Robinette asked for further study of the binding site plan and landscaping issues. Council agreed to forward this matter to a Study Session. Crime Ordinance Codification Police Chief, Mike King, introduced an Ordinance to Council reflecting new legislation regarding certain domestic violence offenses. The codification would allow the City to file certain domestic crimes in municipal rather than district court; this move could keep domestic violence issues in one court thereby helping with scheduling and imposition of fines. Mr. Rock asked what financial impact the City could expect from this change. After discussion, Mr. Carlisle moved, seconded by Mr. Brown, to adopt Ordinance No. 2524 defining the crimes of interference with the reporting of domestic violence and other violations. Mr. Sizemore pointed out that as the State revises statues, it is incumbent upon the municipality to update local Ordinances. Mrs. Robinette asked to forward discussion to a work session where additional information could be available for review including the problem being solved, comparative costs versus existing procedures, and budget implications. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, and Rock. No — Robinette. Motion carried. Chlorine System Improvements: WTP Supplemental Aareement for Construction Enaineerinq Mr. Jim Pemberton, Director of Public Works, introduced this item to Council with a reference to 8 -January 7, 2000 memorandum from Ed Capasso, Water Treatment Plant Manager to Mr. Pemberton. Mr. Pemberton explained that a 1998 contract with RI -12 Engineers for the design and construction services for the Chlorine System Improvement project design was changed to incorporate a chlortainer. Because of the high level of interest in this portion of the project (31 sets of plans were ordered) the contract limit has been exceeded for this task. Mr. Dan Mahlum, Project Engineer for RI -12 and Mr. Ed Capasso were in the audience to answer questions. After discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the 1512 January 18, 2000 - continued Chlorine System Improvements contract, "Services during Construction " fees in an amount not to exceed $11,225.00. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Consultant Award: 17th Street. "V" Place. and "R" Avenue Mr. Dave Lervik, City Engineer, presented a request for consultant award for three projects: The first project will install curb/gutter and sidewalk, reconstruct the roadway section and install traffic signals at the intersections of 17`h Street with "Q" Avenue and Commercial. Statements of Qualifications were solicited, received and reviewed by City staff. Based on their design work on the "Q" Avenue project, staff recommends that Perteet Engineering be awarded the contract to design and inspect this project. Council discussed pedestrian crossings and mid -road planters. The second project is for "R" Avenue Rehabilitation. Mr. Lervik described the current decline of the roadway base and discussed the proposed method of treatment. For this task, staff recommends Wedge Engineering. The third project is the "V" Place road and utility extension project. This work encompasses the connection of "V" Place to the eastern end of 34th street in the vicinity of the old plywood mill. Staff recommends that Leonard, Boudinot & Skodje, Inc. perform the design and construction inspection phase of this project. Discussion followed regarding allocation of costs to adjacent property owners on the "V" Place project. After discussion Mr. Sizemore moved, seconded by Mr. Carlisle, to award the contracts as recommended by staff. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. There being no further business, the meeting was adjourned at 9:00 p.m. G,,,e,ege Kht an, Cit4CIe Treasurer Ill -�._ d�" �cy��✓vi H. Dean Maxwell, Mayor' C'J to mer 1513 February 7, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of February 7, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mrs. Robinette asked that the last sentence of paragraph 1, page three be replaced with the following: "Mrs. Robinette asked to forward discussion to a work session where additional information could be available for review including the problem being solved, comparative costs versus existing procedures, and budget implications." With that amendment Mr. Brown moved, seconded by Mr. Rock, that the minutes of January 18, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to speak on items not on the agenda. Mayor/Council Communications Mayor Maxwell asked that the list of nominees for the City Improvement Board be brought to the Council on March 6th for ratification. The Mayor then discussed the design of the "Q" Avenue improvements, specifically the center median. Funded primarily by the Transportation Improvement Board, this project was developed with an active public process resulting in a design for a 3 -lane road (two 14' travel lanes with center median replacing two 11' head-on lanes). This improved route will make significant contributions to the Port of Anacortes, businesses along "Q" Avenue, and to the downtown business community. Councilmembers highlighted the following concerns with the road width/center median: "Q" Avenue as a truck route, crossing for pedestrians, length of left- hand turn lanes, and transporters for boats. The Mayor encouraged the Council and community to review this matter after the road is completed and in use. Mayor Maxwell submitted the nomination of Mr. Tom Slocum to serve on the Board of Adjustment. Mr. Slocum's resume has been reviewed by the Council. With that Mr. Sizemore moved, seconded by Mr. Carlisle to confirm the appointment of Mr. Tom Slocum to the Board of Adjustment. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Mayor Pro -Tem Christiansen announced the following standing Council committee appointments: Mrs. Robinette as an alternate to the Finance Committee consisting of Mr. Carlisle, Mr. Brown, and Mr. Christiansen; Public Safety - Mr. Sizemore, Mr. Carlisle, and Mr. Brown; Personnel Committee - Mrs. Robinette, Mr. Rock, and Mr. Carlisle; Parks Committee - Mr. Rock, Mrs. Robinette, and Mr. Petrish; Public Works - Mr. Rock, Mr. Sizemore, Mr. Christiansen; Port Liaison - Mr. Sizemore, Mrs. Robinette, and Mr. Brown; Library Board Liaison - Mrs. Robinette. 1999 Comprehensive Plan and Development Reaulations: Next Stens Mr. Ian Munce, Planning Director, reported that the City had come to the end of the annual cycle of reviewing Comprehensive Plan and Development Regulation changes. He then described the year-long process resulting in the package of amendments now before Council. Mr. Munce asked that Council initiate a motion directing him to bring these amendments back in Ordinance form. New ordinance sections include concurrency, landscaping and telecommunications; detailed changes include pole buildings allowed up to 1,000 square feet but without corrugated siding, prohibition of new residences that are designed as Bed & Breakfast establishments, density limit in the R 1 zone, City street standards shall apply in Planned Unit Developments, retaining wall height, Planning Coordinating Committee makeup and responsibilities, off-street parking requirements in the HM zone, and signs. Mrs. Robinette distributed landscaping language changes. Discussion followed regarding government's rightful role in legislating landscaping requirements. After discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to authorize the Planning Director to prepare an Ordinance for Council approval reflecting the 1999 Comprehensive Plan and Development Regulation amendments together with the technical Gprrections proposed by Mrs. Robinette. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Anstensen Rer lat: Ordinance Vacatina Existina Streets and Allevs Mr. Ian Munce, Planning Director, presented an Ordinance to Council that formalizes action previously taken by Council to replat the Anstensen Subdivision. The Title Company has asked that the vacation of the underlying platted streets and alleys be handled in a separate administrative action. Mr. Munce said that in future replat projects just such an Ordinance will accompany the formal replat document. Mrs. Robinette clarified the ownership of the 1514 February 7, 2000 - continued detention pond. With that Mr. Brown moved, seconded by Mr. Rock, to adopt Ordinance No. 2525 entitled "An Ordinance Vacating Alleys and Blocks 30 and 31, 36th Street from the West Boundary of D Avenue to the Centerline of B Avenue, the east half of B Avenue from the north boundary of 37th Street to the south boundary to 36th Street, and C Avenue from the north boundary of 37th Street to the south boundary of 36th Street. City of Anacortes". Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Kiwanis Waterfront Park Desian Contract Mr. Gary Robinson, Director of Parks and Recreation, presented a Scope of Work and Agreement for Services from Susan Black and Associates to develop construction drawings for the Guemes Channel Park. Mrs. Robinette suggested that the Agreement be brought back to Council at the end of Task 6 — "Prepare Cost Estimates and Phasing Plan". On a question from Mr. Carlisle, Mr. Robinson said that the road around Washington Park will be repaved this year. The Mayor reported that the City will be meeting with the County to discuss parking issues and joint park activity. With that Mr. Rock moved, seconded by Mr. Christiansen to authorize the Mayor to enter into a contract, through Task 6, with Susan Black and Associates for the Guemes Channel Park construction drawings. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Consent Aaenda Mr. Carlisle asked to remove item b from the Consent Agenda. With that Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the Consent Agenda. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Aonroval of Vouchers/Cancellation of Warrants Council voted 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 January 20, 2000, January 27, 2000 and February 3, 2000 are approved for payment as of this date, February 7, 2000. Council vote was unanimous. Claims Warrants Feb, 2000: Warrant Numbers 6217 through 6477 in the total amount of $984,526.63 Prewritten Claims Jan, 2000 Warrant Numbers 5870, 5872-5874 in the total amount of $4,331.76 Payroll Jan, 2000 Warrant Numbers 16151 through 16276 in the total amount of $277,488.19 Draw Pavroll Jan, 2000 Warrant Numbers 16109 through 16150 in the total amount of $23,452.80 In the same motion Council adopted Resolution No. 1530 setting March 6, 2000 as the Public Hearing date on a Petition to Vacate a portion of 22nd Street; and Authorized the Mayor to enter into an Agreement with Skagit County Community Action Agency for the year 2000. Resolution — Settina Public Hearina Date — Petition to Vacate a Portion of New York Avenue Mr. Carlisle clarified that the Council hearing on this matter would be held subsequent to the Board of Adjustment review. With that, Mr. Carlisle moved, seconded by Mr. Rock, to adopt Resolution No. 1531 setting March 6, 2000 as the City Council Public Hearing date to review a Petition to Vacate a portion of New York Avenue. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Younasman Encroachment: Uedate Mr. Ian Munce, Planning Director, reviewed with Council the first phase of the City's contract with Montgomery/Watson to review all documents and existing information on the Youngsman building and site work at the Swinomish Channel Youngsman property. A draft report has been submitted and the next task is a site review. Using an overhead display, Mr. Munce showed the Swinomish Channel shoreline, tidelands, and Youngsman property. Starting in 1995, excavation was done allowing water to come in from the Channel; subsequent activity at the site has raised the level of fill over the City's waterline from 3' to 13'. As a result of work done there is- no lateral support for the waterline in the event of an earthquake and a portion of the waterline is exposed to salt water and subject to corrosion. Mr. Munce pointed out that although adding 10 feet of groundcover in and of itself should not cause a problem with the pipe future building foundations may shift pressure onto the line. Mayor Maxwell pointed out that equipment and procedures necessary to work on the waterline are drastically different if the line is under 3' of fill versus 17'. Mr. Petrish confirmed that file on this matter is well documented and that exposure by the County is clear. Mr. Munce explained that the County has not taken responsibility as the permitting agency on this project. Under the State Environment Policy Act the County has a 1515 February 7, 2000 - continued responsibility to closely review this project and attach conditions to any permit dealing with these obvious, outstanding, and critical environmental issues. Mr. Christiansen clarified that damage to the line could create the potential for water supply disruption to the refineries, the Navy Base, three cities, the Swinomish Tribal Community and Public Utility District #1. Any actual damage will be reviewed and documented during the second Phase of the Montgomery/Watson review. Acceptance of Improvements: W.T. Preston Dry Berth Improvement Project Ms. Karen Marshall, Museum Director, submitted a February 7, 2000 memorandum calling for the acceptance of the W.T. Preston Dry Berth Improvement Project as complete. Hurlen Construction completed the project and staff recommends acceptance of the improvements. On a question from Mr. Christiansen, Ms. Marshall explained that the project was primarily funded through grants and private donations. The Mayor and Council complimented Ms. Marshall on a job well done. With that, Mr. Brown moved, seconded by Mr. Sizemore, to accept the W.T. Preston Dry Berth Improvement Project as complete thereby. initiating the 30 -day lien period required to release the retainage. Vote: Ayes — Mr. Rock, Mr. Carlisle, Mr. Petrish, Mr. Sizemore, Mr. Brown, Mr. Christiansen, and Mrs. Robinette. Motion carried. 2000 Public Works Proiects Presentation Mr. Dave Lervik, City Engineer, presented a list of Public Works projects that will be entering the design and/or construction phase during the coming year. The project categories are: Currently in design phase with consultant selected (March Point Sewer Extension, 17th Street improvements, V Place extension, and R Avenue reconstruction); Proposed for Consultant Design (S. March Point road widening); In-house design, (4th Street Reconstruction, FY2000 sidewalk project; CBD storm sewer separation); In-house preliminary design, (Sunset Avenue widening, and H Avenue widening); and Maintenance and programmatic moiects. Mr. Lervik also discussed the consultants selected and funding sources. In particular, the Mayor thanked Island Hospital's cooperative approach on funding for 24th street sidewalks. Council discussed bike lanes and sidewalks along Sunset Avenue. Mr. Lervik also reported that the City has received $712,680 from the TIB for H Avenue from 32nd Street to 41s' Street. Mayor and Council complimented staff on the Public Works Project List and the success of the grant application process. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the project list and to proceed with the consultant selection, design and bidding of these projects. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. At approximately 9:30 p.m. the Mayor announced that the Council would convene in Executive Session to discuss possible land acquisition and possible land sale. At approximately 10:00 p.m. the Council reconvened and without taking any further action adjourned the meeting. Go ge Kht ian,* City Clerk -Treasurer H. Dean Maxwell, Mayor C r)--, Councilmember 1516 February 22, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of February 22, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mr. Brown moved, seconded by Mr. Rock, that the minutes of February 7, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs Mr. Bart Evans, 28th Street, asked to speak to the Mayor and Council about the drainage situation at 28th Street and "I" Avenue. Having previously worked with the City to lessen the effects of run-off, Mr. Evans alerted the City Engineering department that additional remedies, including work on the drainage ditch, may be called for. Mayor/Council Comm unication• Mayor Maxwell introduced Mrs. Emily Schuh, the new Human Resource Director for the City of Anacortes. Mrs. Schuh, until recently with the Boeing Company, brings valuable training and expertise to the City. The Mayor then briefed the Council and audience on the Youngsman waterline encroachment issue. The Mayor read from a letter forwarded that day to the Skagit Council of Governments. Recent meeting comments made by County officials have made reference to a partnership between the County and Youngsman/Twin Bridges development. The City contends that the County has assumed legal liability for the damage to the City waterline running through the Youngsman property. The Mayor also read a February 18, 2000 letter from Ms. Judy Morad, President of Puget Sound Refining, supporting the efforts of the City to ensure that the construction adjacent to the waterline be reviewed to maintain reliable water service to its customers. Issues raised by a recent engineering survey are of concern to Ms. Morad; interruption of service in this waterline would call for the immediate shutdown of the refinery — an exceedingly expensive task. The Mayor concluded this portion of the meeting with announcing that in a recent community- wide survey Bill Loftis and Tim O'Leary were voted the City's best police officers and Whistle Lake was voted the best ACFL area. Ordinance: Election for a New Citv Library The Mayor initiated discussion and review of an Ordinance drafted by the City Attorney for the new library facility. If adopted the Ordinance would move this issue forward to the voters. Mr. Christiansen questioned the use of the word "emergency" and clarified. that the total bond amount is estimated at 6.5 million. Mr. Mansfield, City Attorney explained that for the purpose of the bond issue it's necessary to use the "emergency" language to call for a special election. On further questioning, Mr. Mansfield explained that one of the many powers of the Council is the prerogative to declare whatever they deem appropriate as an emergency. Further, Ordinance language gives Council discretion to decide how much of the project and what parts of the project will be done with the available resources. On a question from Mr. Carlisle, Mr. George Khtaian, Finance Director, discussed the 6% interest rate. With that, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2526 authorizing the City to incur indebtedness by issuing its general obligation bonds in an amount not to exceed $6,050,000 for the construction, furnishing and equipping a new public library. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. 1999 Amendments to the Comprehensive Plan and Development Reaulations: Ordinances (2) Mr. Ian Munce, Planning Director, brought forward two Ordinances for Council review and approval. The Ordinances reflect Comprehensive Plan and Development Regulation amendments for the year 1999. Detailed discussion and evaluation have taken place in both Study Session and Public Hearing settings before both the Planning Commission and City Council. The first Ordinance makes technical corrections to the Comp Plan and the second Ordinance makes changes in the zoning and subdivision codes including the telecommunication ordinance, provision for a binding site plan in the HM and LM1 zones, and landscaping regulations. Mr. Brown initiated a discussion on the use of the language "corrugated" metal siding. Mr. Carlisle asked that item "D", page 22, last sentence be changed to read: "Variations in the planting of trees may be approved by the Planning Director, subject to appeal by the proponent(s) to the City Council." Mrs. Robinette clarified that views will be considered in the planting of trees. Mr. Petrish asked that what portion of the Sun Systems project is landscaped so that he can visualize impact of landscaping requirements. Mr. Munce emphasized that 1517 February 22, 2000 - continued progress reports on the code amendments will be presented to Council over time. With that, Mr. Sizemore moved, seconded by Mr. Carlisle to adopt Ordinance No. 2527, amending the Comprehensive Plan, and Ordinance No. 2528, adopting development regulations/zoning and subdivision revisions, as amended. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Countvwide Plannina Policv Amendments Mr. Ian Munce, Planning Director, submitted proposed amendments to the Countywide Planning Policies (CCPs) for Council review and approval. Mr. Munce first explained the process for CPP adoption and amendment, specifically development of proposals by city and County Planning staff, acceptance by the CPP Committee (Mayors, Planning Directors, and County Commissioners), acceptance and adoption by each city, and acceptance and adoption by the Board of County Commissioners. The current proposal now before Council is for approval of expanded commercial and industrial development in rural Skagit County provided that the Boundary Review Board be dissolved and that the unincorporated UGA at Bayview not be made available as a future regional hospital site. Discussion followed regarding law enforcement ratio, and level of fire service. Following discussion Mrs. Robinette moved, seconded by Mr. Christiansen, to accept the 2000 Countywide Planning Policy Amendments. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. The Mayor thanked the Council for its attention to impacts of future development. Consent Agenda Mr. Rock moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and- Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 February 10, 2000 and February 17, 2000 are approved for payment as of this date, February 22, 2000. Council vote was unanimous. Claims Warrants Feb, 2000: Warrant Numbers 6478 through 6689 in the total amount of $575,904.17 Prewritten Claims Feb, 2000 Warrant Numbers 6214through 6216 in the total amount of $7,268.20 Draw Pavroll Feb, 2000 Warrant Numbers 16277 through 16318 in the total amount of $23,452.00 In the same motion Council canceled Claims Warrant # 5803 in the amount of $750.00, and Authorized the City to enter into an Agreement with M & M Baseball Concessions to provide concession services for the general public during the baseball seasons at Volunteer Park. Public Hearina: Extend Hours of Operation of Anacortes Arts Festival - 2-dav to a 3-dav event Mayor Maxwell opened the Public Hearing to take public comment on a request from the Anacortes Arts Festival Street Fair to extend the length of the Festival to a Friday through Sunday event, August 4th through August 6th. The Mayor emphasized that this Hearing provides the opportunity for the community to comment on this significant change in Festival past practices. This year's street closure application includes a request to extend the hours of the ` Festival in the following manner: street closure on Commercial Avenue from Thursday, August 3rd at approximately 2:00 p.m. including Commercial north of 10th street to the waterfront and the side streets between "0" Avenue and "Q" Avenue from 10th street north. Staff received one comment of concern regarding the actual staging of the street closures. Mr. Jim Pemberton, Director of Public Works said that he attended, at the invitation of the Festival, a January meeting of downtown business owners. The Council received a copy of the invitation list and meeting participants. Ms. Joan Tezak, Arts Festival Director, testified that 127 Festival vendors are in favor of a 3 -day festival; Ms. Tezak suggested that the 3 -day event would better serve the community with local businesses offering to promote the 3 -day closures. The longer festival would eventually provide for additional revenue for grant/scholarship programs. In conclusion, Ms. Tezak emphasized that that the longer Festival would help the in the development of Anacortes Sister City/Festival cultural exchanges, and emphasized that this is the critical time for vendors to make hotel/motel reservations. Mr. Gary Sawyer, 710 Commercial, downtown business owner, spoke in favor of the 3 -day event. The Mayor reported that he has received two phone calls from business owners not in favor of the 3 -day event. Council decided to continue this Hearing to Monday, February 28, 2000. 22, 2000 - continued Public Hearina: Street Vacation — Portion of Allev in Block 229 Mayor Maxwell opened the Public Hearing on a Petition submitted by John E. Parker and Richard R. Ekern to vacate a portion of the alley in Block 229, Anacortes Original Edition. Mr. Jim Pemberton, Director of Public Works, used an overhead display to highlight the following: the specific portion of the alley to be vacated; the westerly portion of the alley previously vacated by Council; and the absence of utilities in the alley. The Board of Adjustment held a public hearing on this matter and voted unanimously to recommend approval of the petition; there were no objections from staff on this matter. There were no comments from the audience and the Mayor declared the Public Hearing closed. With that, Mr. Christiansen moved, seconded by Mr. Rock, to approve the vacation of the alley in Block 229 adjacent to Lots 17, 16, 15, and the easterly 10' of Lot 14, and adjacent to Lots 4, 5, 6, and the easterly 10' of Lot 7. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Closed Record Meetina: Conditional use — Birch Eauioment — Hiahwav Sign Mayor Maxwell initiated the Closed Record meeting on a Conditional Use Application from Birch Equipment Rental & Sales to install highway sign at 8876 South March Point Road. Mr. Ian Munce, Planning Director, referred the Council to the Planning Commission record before them. At the conclusion of the Open Record Public Hearing on this matter the Commission voted to recommend approval. Mr. Munce explained that although highway sign standards will be formalized in 2000, review and approval of sign applications must be dealt with now. As conditions in the annexed area are different from sign regulations for a Commercial Avenue business a case-by-case review of highway sign requests is called for. Mr. Munce then described the sign proposed by Birch Equipment as outlined in the November 9, 1999 Conditional Use Application. Mr. Christiansen asked about safety issues attached to the use of a time/temp reader board sign. Discussion followed. Mr. Sizemore moved, seconded by Mr. Brown to approve the Birch Equipment Highway sign Conditional Use Permit. Vote: Ayes — Mr. Carlisle, Mr. Petrish, Mr. Sizemore, Mr. Brown, and Mrs. Robinette. No — Mr. Christiansen, and Mr. Rock. Motion carried. Closed Record Meetina: Conditional Use- Private Street as Access — Macy — Marine Heights Mr. Christiansen stepped down from deliberation on this matter. Mayor Maxwell initiated the Closed Record meeting on a Conditional Use Application from Jim Macy for permission to use a driveway/private street to access two proposed residential building sites located generally at the north end of Ellisport Way in the Marine Heights development, through Lots 30 and 31. Mr. Ian Munce, Planning Director, used an overhead display to highlight that according to the terrain, access to the property from the west is not possible. The private drive will access two residential home sites on the upper portion of the 2.7 -acre site. A future request may come to Council to approve a private drive for two homes at the lower portion of the property. No objections were raised at the Planning Commission Public Hearing and a recommendation for approval was forwarded to the Council. Discussion followed regarding the future division of the Macy parcel. Mr. Carlisle then moved, seconded by Mr. Sizemore, to approve the Conditional Use Permit to allow a private drive to access two building sites through Lots 30 and 31 Marine Heights Addition and subject to the conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes — Petrish, Sizemore, Brown, Robinette, Rock, and Carlisle. Motion carried. Mr. Christiansen returned to the Council Chambers. Closed Record Meetina — Preliminary Plat — Hiahland Acres Mayor Maxwell announced that the closed record meeting on this matter has been continued to April 17, 2000. Resolution: Authorizina Interaaencv Contracts for 2000 (excludina tourism) Mr. Ian Munce, Planning Director, presented a Resolution to Council authorizing the Mayor and City Clerk to contract with the following agencies each year for the amount set forth in the annual City budget: Economic Development Association of Skagit County, Skagit County Senior Services, Skagit County Community Action Agency, and Skagit Rape Relief Services. Mr. Sizemore moved, seconded by Mr. Carlisle to adopt Resolution No. 1532 entitled, "Authorizing Interagency Contracts for 2000". Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Amendment to Grandview Cemetery Policies Reaardina Unriaht Markers Mr. Gary Robinson, Park Director, explained to the Council that upright markers are only allowed in certain sections of Grandview Cemetery. Using an overhead to highlight the area where there is now only limited space for upright markers, Mr. Robinson is requesting that additional area be added to accommodate the upright markers. Discussion followed regarding the maintenance of these sites. Mrs. Robinette moved, seconded by Mr. Brown, to amend the Policies and Procedures at Grandview Cemetery allowing for additional area dedicated to the use of upright markers. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. 1519 February 22, 2000 - continued Proposed Modification to Street Standards: 23rd Street Mr. Jim Pemberton, Director of Public Works, presented Council with a letter from Mr. Dale Herrigstad, Herrigstad Engineering, for an exception to the City Subdivision Ordinance for the road width on 23rd Street from "D" Avenue to "B" Avenue. The development of this right-of-way is part of the Forest Ridge Planned Unit Development improvements. Due to a calculation error the street width is 31' rather than the 32' required by Council. Mr. Pemberton submitted a letter/petition from homeowners on the north side 23rd Street asked that sidewalks be eliminated from "D" Avenue west to the Forest Ridge project. Mr. Pemberton recommended that both requests be approved. Questions followed regarding location of storm drain utility and the problematic sidewalk installation due to the slope of the street. On a question from Mr. Rock, Mr. Pemberton explained that some recontouring will be required at affected driveways. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to accept the 31' width of 23rd street and to eliminate sidewalks on the north side of 23rd Street from "D" Avenue to "B" Avenue. Mrs. Robinette asked that staff provide Council with an update on the Forest Ridge PUD street/vacation compensation arrangements. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. At approximately 9:30 p.m. Mayor Maxwell continued this meeting to Monday, February 28, 2000 to conduct the Continued Public Hearing on the Arts Festival Hour Extension request. Zorge, City lerk-Treasurer H. Dean Maxwell, Mayor Councilmember Continued Meeting of February 22, 2000 -- February 28, 2000 Mayor Dean Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, and Ken Brown. Absent: Bill Carlisle. The Mayor reopened the continued public hearing on a request from the Anacortes Arts Festival to extend their summer event from two days to three days. There was no public comment. The public hearing was closed. Mr. Sizemore moved that the matter be tabled for one week to allow for additional public notification and comment. The motion was seconded by Mr. Christiansen. Vote: Ayes -- Sizemore, Christiansen, and Petrish. No - Rock, Robinette, and Brown. Mayor Maxwell broke the tie by voting "yes" and, accordingly, the matter was continued to the March 6 City Council meeting. Ms. Robinette then moved that the public hearing be reopened and be continued to next Monday. The motion was seconded by Mr. Brown. Vote: Ayes - Sizemore, Christiansen, Petrish, Rock, Robinette, and Brown. The motion carried. The meeting adjourned at 7:55 p.m. Gge Kht 'an, City Clkrk-Treasurer H. Dean Maxwell, Mayor '� ouncilmember 1520 March 6, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of March 6, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Brown, that the minutes of February 22, 2000 and February 28, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas On behalf of the City of Mt. Vernon, Mayor Skye Richendrfer thanked Mayor Maxwell and the City Council for their support in representing Skagit County during a recent presidential candidacy appearance in Mt. Vernon. In appreciation Mayor Richendrfer presented Mayor Maxwell with a commemorative photo of the visit. .000a..onoa...cocso;�6 `o,c. aMayor/Council Communication° .vivvocw>voov ovioioiaia.,�iomioivioi000l' Mayor Maxwell read a Proclamation proclaiming March 16, 2000 to be Absolutely Incredible Kid Day. This campaign, sponsored by the Camp Fire Boys and Girls, encourages all adults to write a letter to a child expressing appreciation and encouragement. Mr. Carlisle asked that Council nameplate stands be provided so that each speaker can be properly identified on camera. Continued Public Hearina: Extend Hours of Operation of Anacortes Arts Festival from a 2-dav to a 3-dav Event The Mayor reopened the Public Hearing on a request to extend the hours of operation for the annual Anacortes Arts Festival from a 2 -day to a 3 -day event. The Mayor introduced two letters of comment. Ms. Joan Tezak, Festival Executive Director, introduced members of the Festival Board and then referenced an information packet distributed to Council for review. The Director then highlighted the festival organization process and made a financial report on vendor sales, festival expenditures, festival -funded grants and scholarships, and sales tax revenues to the City. In response to Council concern, Ms. Tezak said that the Public Hearing on this matter had been well publicized; in fact as early as December Council and downtown merchants were made aware of this proposal. Ms. Tezak then proposed a variation to the street closure application; close Commercial Avenue 3:00 p.m. on Thursday, but cross streets shall stay open until 6:30 p.m. However, dumpsters and port -a -potties would have to be delivered on cross streets during the business hours on Thursday. The Post Office and Interwest Bank will be accessible all day on Thursday; drive-through would be available on Friday. No parking signs will be provided for businesses with scheduled deliveries. On behalf of the Sister City organization Mr. Doyle Geer, 2308 32nd St., spoke in favor of the 3 -day event. This Festival will be the 3rd year of Sister City participation in international cultural exchange. Mr. Don Lapworth, 5309 Sterling, co-chair for the Sister City Town Crier event spoke in favor of a 3 -day festival; the 2001 world town crier championship event will be held in partnership with the Festival. Ms. Yesenia Cortez, representing the EI Jinete Restaurant, 509 Commercial, while in favor of the festival extension expressed concern over loss of restaurant parking after 6:30 p.m. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Robinette received one letter of protest. Mr. Richard Mitlyng, Board President, will be working to accommodate special needs for the business owners. The car show will not be on the street on Friday. Mr. Petrish received a request from the Chamber to leave Commercial open until end of business on Thursday. Mr. Mitlyng described the lengthy set-up process. Mr. Sizemore thanked the Anacortes American, KLKI, and Fidalao Maaazine for public notification. Mr. Sizemore encouraged business owners and residences impacted by the longer hours to contact the Festival office to work out a strategy. He concluded by suggesting a Thursday closure of 5:30 p.m. Mrs. Robinette, Mr. Petrish, and Mr. Christiansen spoke in favor of the 3:00 p.m. Commercial/6:30 p.m. side street closure schedule. Council agreed that permanent approval to make the Festival a 3 -day event could be made after the Festival has had an opportunity to implement and review the new schedule. With that, Mr. Sizemore, moved, seconded by Mr. Christiansen, to approve the 3 -day festival street fair application schedule as submitted EXCEPT that Commercial shall be closed at 3:00 p.m. on Thursday, with side streets open until 6:30 p.m. on Thursday. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, P,bck, Carlisle, and Petrish. Motion carried. South March Point Sewer Extension: Contract Amendment for Construction Phase Mr. Dave Lervik, City Engineer, presented a request for approval of an amendment to the City's Contract with HDR Engineering for the preparation of plans, specifications, and estimates for the construction of sanitary sewer mains to service the March Point area. The amendment would include elements for bidding assistance and construction administration; the amendment would bring the total contract costs to $749,216. Mr. Lervik circulated a description of the work 1521 March 6, 2000 - continued to be done to the Council. Discussion followed regarding project costs. The Mayor called a recess so that the Councilmembers could review the Scope of Work. When the Council reconvened Mr. Carlisle moved, seconded by Mr. Sizemore to authorize the Mayor to enter into an agreement with HDR Engineering to provide Bidding and Construction Administration Services as outlined in the Scope of Work, pending award of the construction contract. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Update on Warren Avenue/Sunset Cove Mr. Dave Lervik, City Engineer, initiated a discussion on clearing and development work associated with the Sunset Cove Shoreline Permit/Planned Unit Development/Woods Addition project. Using an overhead, Mr. Lervik highlighted the Tracts in the 30' buffer area already cleared to construct bioswales and roads (Tracts C, D, and E). Clearing on Warren Avenue was necessary to prepare the right-of-way. Mr. Lervik pointed out that certain of the trees, if left in the buffer, might have become a hazard in strong winds. Mrs. Robinette asked about financial penalties and enforcement procedures. During a recent on-site inspection Mr. Lervik investigated possible encroachment into the clearing limits and evidence of violating the no - burning prohibition. Mr. Ian Munce, Planning Director, pointed out that the recently -adopted Landscaping Ordinance will provide an appropriate penalty procedure for enforcement needs on future projects. Mr. Munce then clarified that the issue now is whether or not the clearing exceeds that necessary for roadway purposes. Once the swale is in replanting will occur. Mrs. Robinette asked to be provided with a copy of the stormwater plan. Consent Aqenda Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Abstain: Christiansen. Motion carried. ADoroval of Vouchers/Cancellation of Warrants Council voted 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 February 24, 2000 and March 2, 2000 are approved for payment as of this date, March 6, 2000. Council vote was unanimous. Claims Warrants Mar, 2000: Warrant Numbers 6693 through 6872 in the total amount of $933,006.52 Payroll Feb, 2000 Warrant Numbers 16319 through 16440 in the total amount of $270,292.25 In the same motion Council adopted Ordinance # 2529 vacating a portion of the alley in Block 229, Anacortes Original, and Adopted Findings of Fact and Conclusions of Law for the Macy Conditional Use Permit to use a private street as access in the Marine Heights area. Public Hearing: Public Hearing: Street Vacation — Portion of New York Avenue: Continue to March 20. 2000 Public Hearing: Street Vacation — Portion of 22nd Street — Phase I Mayor Maxwell opened the Public Hearing on a Petition submitted by Island Development, LLC to vacate a portion of 22nd Street lying between "B" and "C" Avenues, with the Forest Ridge PUD to the west. Mr. Dave Lervik, City Engineer, displayed an overhead showing the proposed cul-de-sac in the 22nd Street right-of-way. The Board of Adjustment held a Public Hearing on this matter and voted to recommend approval subject to two conditions: (1) the portions of the cul-de-sac that encroach into the lots shall be dedicated to the City; these "wings" would then be subtracted from the gross area to be vacated; and (2) an easement shall be provided to the "B" Avenue right-of-way to provide a trail connection between the cul-de-sac and the proposed trail around the Forest Ridge PUD. The Petitioner, Mr. Randy Cox, 2306 35`h Court, described the type of housing proposed in this area and confirmed that an easement would be granted to connect with the trail around Forest Ridge. Mr. Cox even suggested that the trail would be an amenity of considerable value to the community. Mr. Carlisle asked about trail -walkers parkin in the cul-de-sac. Mr. Cox described his proposal to provide public trail parking on 18`h and 19t Streets and to provide a regional detention plan. Mr. Christiansen encouraged the applicant to pave the trail and to put vertical barricades up at the trail entrance. With that, Mr. Christiansen moved, seconded by Mr. Carlisle, to approve the vacation of a portion of 22nd Street subject to the 2 conditions recommended by the Board of Adjustment. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. 1522 March 6, 2000 - continued Citv Improvement Board: Appointments Mr. Ian Munce, Planning Director, described the routine and usually voluntary compliance with nuisance complaints; these complaints generally involve some manner of property neglect. Other communities have used Improvement Boards to address those property owners not able to comply with nuisance abatement requirements. The process would then be: the party would be cited and asked to appear before a 3 -member Improvement Board whereby a solution is sought. Appeals of Board decision would be brought to the City Council. The nominees to the City of Anacortes Improvement Board are: Mr. Petrish, Ward 1, recommended Mr. Tim Walters. Mr. Christiansen moved, seconded by Mr. Rock, to confirm the nomination of Mr. Tim Walters. Vote was unanimous. Mr. Brown, Ward 2, recommended Ms. Gloria Nystrom. Mr. Rock moved, seconded by Mrs. Robinette, to confirm the nomination of Ms. Nystrom. Vote: Ayes — Carlisle, Brown, Christiansen, Robinette, and Rock. Abstain: Petrish, Sizemore. Motion carried. Mr. Carlisle, Ward 3, recommended the nomination of Mr. Jim Torrance. Mr. Sizemore moved, seconded by Mr. Rock, to confirm the nomination of Mr. Jim Torrance. Vote was unanimous. There being no further business the Mayor adjourned the meeting at 9:20 p.m. orge Khtaian, City Clerk -Treasurer H. bean Maxwell, M yor Councilmember 1523 March 6, 2000 - continued Citv Improvement Board: Appointments Mr. Ian Munce, Planning Director, described the routine and usually voluntary compliance with nuisance complaints; these complaints generally involve some manner of property neglect. Other communities have used Improvement Boards to address those property owners not able to comply with nuisance abatement requirements. The process would then be: the party would be cited and asked to appear before a 3 -member Improvement Board whereby a solution is sought. Appeals of Board decision would be brought to the City Council. The nominees to the City of Anacortes Improvement Board are: Mr. Petrish, Ward 1, recommended Mr. Tim Walters. Mr. Christiansen moved, seconded by Mr. Rock, to confirm the nomination of Mr. Tim Walters. Vote was unanimous. Mr. Brown, Ward 2, recommended Ms. Gloria Nystrom. Mr. Rock moved, seconded by Mrs. Robinette, to confirm the nomination of Ms. Nystrom. Vote: Ayes — Carlisle, Brown, Christiansen, r 'vette, and Rock. Abstain: Petrish, Sizemore. Motion carried. Mr. Carlisle, Ward 3, r �ied the nomination of Mr. Jim Torrance. Mr. Sizemore moved, seconded by Mr. R� ��• the nomination of Mr. Jim Torrance. Vote was unanimous. `s'/�,o_ There being no further business the May George Khtaian, City Clerk -Treasurer meeting at 9:20 p.m. H. Dean. Councilmember 1524 March 20, 2000 At 7:30 p.m. Mayor Pro -Tem Christiansen called the regularly scheduled meeting of March 20, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ray Sizemore. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Rock, that the minutes of March 6, 2000 be approved as if read. Vote: Ayes — Petrish, Christiansen, Brown, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas Mr. Don Yankacy, 2033 L Avenue, invited the Mayor, Council, staff, and citizens to attend the Food -Fest at the Eagles Hall on April 8, 2000 from 11:00 a.m. to 7:00 p.m. At the event the Lions and Eagles Clubs will be providing a fundraising dinner to support the Anacortes Train and Rail. !,,Comm Mayor/Counciunication° Mayor Pro -Tem Christiansen, read a letter addressed to Fire Chief Curtis from two physicians with the Virginia Mason/Fidalgo Medical Center thanking the City's emergency medical response teams. The letter commended the hard work, dedication, and expertise exhibited by the City's crew, and extended appreciation for the team's recent assistance to a Medical Center colleague. The Self -Haul garbage program is in operation. Citizens can take excess garbage to the Maintenance Facility, 37th and "D Avenue" on the 2nd Saturday of each month; for billing purposes bring identification and copy of most recent water bill. Study Sessions are now being videotaped; County Commission meetings will also be available for viewing. Mr. Petrish commented on the many non -City residents who enjoy the City's well-known Washington Park, hiking trails, forestlands and parks. These amenities have been highlighted in Seattle Times articles complimentary of the City's park facilities. Vacation of a Portion of New York Avenue Mayor Pro -Tem Christiansen opened the Public Hearing on a Petition to Vacate a portion of New York Avenue. The petitioner requested that this matter be continued for two weeks. Mrs. Robinette submitted a memorandum on this matter for Council review. Mr. Brown moved, Mrs. Robinette seconded, and Council unanimously voted to continue the Public Hearing to April 3, 2000. Public Hearina: Historic Preservation Ordinance The Mayor Pro -Tem opened the Public Hearing on a proposed Ordinance that would provide for the identification, evaluation, and protection of historic resources within the City of Anacortes. Additionally, the Ordinance would assist in preserving and rehabilitation of eligible historic properties through a special valuation. The Mayor Pro -Tem pointed out that this Ordinance has been reviewed and revised through several Study Sessions. The meeting was then opened up for public comment. Ms. Margaret Thomas, 702 O Avenue, Anacortes Museum Foundation President, spoke in favor of the Ordinance. Mr. Bill Mitchell, 807 27th Street, spoke in favor of the Certified Local Government status in order to save significant monuments including the smokestack. Ms. Barbara Hansen, 4425 Anaco Beach Road, spoke in support of the adoption of the Ordinance and in support of preservation of local architectural heritage. Mr. Don Yankacy, 2033 L Avenue, spoke in favor of the Ordinance and in favor of the preservation of the smokestack. Mr. Don McKee, 200 Curtis Drive, spoke in favor of the intent of the Ordinance and in favor of the preservation of the smokestack. Ms. Rhonda Gothberg, 1801 8th Street, Chair, Historic Preservation Committee, explained the process in order for the City to become a Certified Local Government (CLG). There were no further comments and the Mayor Pro -Tem declared the Public Hearing closed. Mr. Christiansen pointed out a typing error on page 5. With that, Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2530. Mr. Carlisle proposed the following amendments: page 3, item J, definition of "district" be removed. After discussion the suggestion was withdrawn. Page 5, A. Creation and Size, remove the phrase, "with approval from the Anacortes City Council". The amendment was accepted. Page 6, C. Terms, strike the two - consecutive term limitation. After discussion the suggestion was withdrawn. Page 9, B. Process for Designating Properties to the City of Anacortes Register of Historic Places. Item 1 to read, "Any person may nominate a building, structure, site, or object, for inclusion in the City 1525 March 20, 2000 - continued of Anacortes Register of Historic Places. Members of the Historic Preservation Board or the Board as a whole may generate nominations. In its. designation decision, the Board shall consider the Anacortes Historic Inventory and the City of Anacortes Comprehensive Plan. Properties may only be registered with the owner's consent. Amendment accepted. Page 12, 3. Demolition. Suggestion to include reference to item 5C. Suggestion was withdrawn. Page 15, 2. Application Criteria: Suggestion to add an item(f). Suggestion was withdrawn. Vote: Ayes — Christiansen, Brown, Robinette, Rock, Carlisle, and Petrish. Motion carried. Mayor Pro - Tem then recognized the efforts of Ms. Gothberg to assist in the development of this Ordinance. Notice of Completion: GNRR Depot Restoration Mr. Dave Lervik, City Engineer, presented a request to Council to accept the Depot Restoration improvement project as complete. The project was awarded to M & M Building and Design. The final Department of Transportation inspection and audit have been completed. On a question from Mrs. Robinette, Mr. Lervik reviewed the grant monies received to finance this restoration project. Mr. Petrish encouraged the community to go see the outstanding work done to remodel the City -owned GNR Railroad Depot. With that, Mr. Brown moved, seconded by Mr. Carlisle, to accept the project as complete thereby initiating the 30 -day lien period for release of retained funds. Vote: Ayes — Brown, Robinette, Rock, Carlisle, Petrish, and Christiansen. Motion carried. Notice of Completion: Skvline Reservoir Recoatinq Mr. Dave Lervik, City Engineer, presented a request to Council to accept the Skyline Reservoir Painting Project as complete. The project was awarded to Western Industrial. The coating has been inspected. Mr. Brown moved, seconded by Mr. Carlisle, to accept the project as complete thereby initiating the 30 -day lien period for release of retained funds. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Christiansen, and Brown. Motion carried. Consent Aaenda Mr. Brown moved, seconded by Mr. Rock, to approve the following Consent Agenda item. Vote: Ayes — Rock, Carlisle, Petrish, Christiansen, Brown, and Robinette. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 March 9, 2000 and March 16, 2000 are approved for payment as of this date, March 20, 2000. Council vote was unanimous. Claims Warrants Mar, 2000: Warrant Numbers 6875 through 7071 in the total amount of $539,049.23 Draw Pavroll Mar, 2000 Warrant Numbers 16441 through 16483 in the total amount of $23,852.80 Closed Record Meetina: Lutheran Church Expansion — Conditional Use Mr. Ian Munce, Planning Director, initiated the background review of this project. The Lutheran Church at 22nd Street and "O" Avenue wishes to expand its community/support facility. Because the church is located in a residential zone, the Public Hearing process is required to review and approve such a request. Public Notice was duly given; no comments were received in response to the Notice and no public testimony was given during the Public Hearing. The Planning Commission held an Open Record Public Hearing on this matter and voted to recommend approval subject to the 6 conditions outlined in the Findings of Fact and Conclusions of Law. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to authorize the Planning Director to issue a Conditional Use Permit to the Lutheran Church subject to the 6 conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes — Petrish, Christiansen, Brown, Robinette, and Carlisle. Abstain: Rock. Motion carried. Bid Recommendation: 2000 Manhole Rehabilitation Project Mr. David Price, Project Engineer, summarized a recent bid opening for a manhole rehabilitation project for FY2000. As part of this project 33 sanitary sewer manholes would be either replaced or rehabilitated including the replacement of 5 problematic manholes along the old BN railroad right-of-way from 291h Street to 34th Street. Bids were received and tabulated and the Engineering Department recommends that the project be rebid without these 5 problematic rnanholes. Mr. Price explained that would improve the likelihood of receiving more favorable bids. With that, Mr. Brown moved, seconded by Mr. Carlisle, to reject all bids received for the 2000 Manhole Rehabilitation Project bids. Vote: Ayes — Christiansen, Brown, Robinette, Rock, Carlisle, and Petrish. Motion carried. 1526 March 20, 2000 - continued Award: S. March Point Sewer Bid Mr. Dave Lervik, City Engineer, presented a recommendation to award the March Point Sewer Extension contract to Thomco Construction in the amount of $4,010,789.55. The project is designed to provide sanitary sewer service to March Point including Sharpe's Corner, South March Point Road, a short section of Thompson Road, and to the south side of SR20 at Reservation Road. Thomco Construction references and bonding status have been investigated with favorable results. Mr. Lervik then discussed the funding sources. This sewer project will be installed together with road improvements in this area. In response to a request from Mr. Rock, the Planning Director, Mr. Ian Munce, explained the funding process and revenue sources. Mrs. Robinette asked to see an annual report on the revenues and expenditures of the annexed area. After discussion, Mr. Brown moved, seconded by Mr. Petrish, to award the Sewer Extension project to Thomco Construction in the amount of $4,010,789.55. Vote: Ayes — Brown, Robinette, Rock, Carlisle, Petrish, and Christiansen. Motion carried. Resolution: Leaal Notices Publication Newspaper Mr. George Khtaian, Finance Director, presented a Resolution to Council designating the Anacortes American as the official City newspaper for legal publication notices for the calendar year 2000. Mr. Khtaian described the bidding process. With that, Mr. Brown moved, seconded by Mr. Rock, to adopt Resolution No. 1533 entitled "A Resolution Naming Official City Newspaper for Year 2000." Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Christiansen, and Brown. Motion carried. RFP Bids: Water Rate Studv Mr. George Khtaian, Finance Director, explained that $25,000 was appropriated in this year's Water Fund for a water rate study for the 3 -year period 2001-2003. RFPs were sent to 8 firms and two bids were received with a firm dollar proposal: R.W. Beck & Associates and Economic & Engineering Services (EES) with the low bid of $26,500 from (EES). Staff recommends selection of the low bidder, Economic & Engineering Services (EES). Mr. Carlisle moved, seconded by Mr. Petrish, to award the Water Rate Study bid to EES in the amount of $26,500. Mr. Christiansen commended the rate study previously provided by R.W. Beck. Mr. Khtaian pointed out that City Council representatives will serve on the Citizens Advisory Committee during the development of the new Study. Vote: Ayes — Rock, Carlisle, Petrish, Brown, and Robinette. No — Christiansen. Motion carried. Update Annexation Policv: Resolution Mr. Ian Munce, Planning Director, presented a Resolution to Council that would update the City's annexation Policies with regard to extension of services. Having met with the Council on this matter in Study Session, Mr. Munce reviewed the utility extension categories and payment responsibilities. At Mrs. Robinette's suggestion, Section 1. Utilitv Extensions — General, shall clearly state that the Public Works Director's authority does not extend beyond adopted City codes, and that language regarding regulations either clarify serving areas inside or areas outside the City limits. With that, Mrs. Robinette moved, seconded by Mr. Carlisle, to adopt Resolution No. 1534, "entitled "Setting Annexation Policy and Repealing Resolution No. 1068". Vote: Ayes — Carlisle, Petrish, Christiansen, Brown, Robinette, and Rock. Executive Session At approximately 9:15 p.m. Mayor Pro -Tem Christiansen announced that the Council would convene in Executive Session to discuss a litigation matter. At approximately 9:45 p.m. the Council reconvened and without taking any further action, continued the meeting to 4:30 p.m., March 22, 2000 at the intersection of Clyde Way and Tyler Circle for the purpose of conducting a site visit for the proposed Cedar Glen Subdivision. rge Khtaian, City Clerk -Treasurer H. Dean Maxwell, IGlayor Co�i�-(ci ember 1527 April 3, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of April 3, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting Mrs. Robinette proposed a change on page 3 of the March 20`h minutes: Award: S. March Point Sewer Bid — 6 1 sentence — "Mrs. Robinette asked to see an annual report of the revenues and expenditures of the annexed area." With that amendment Mr. Brown moved, seconded by Mr. Rock to approve the minutes of March 20, 2000. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearings No citizens present wished to speak on items not on the agenda. Wayor/Council Communicatiow Mr. Rock asked for a "Q" Avenue paving update. Mr. Dave Lervik, City Engineer reported: paving would begin on Thursday; staff us discussing landscaping alterations with the landscaping architect; and trees and shrubs will be planted in the fall. Mrs. Robinette asked for planning details on the step-down contouring of the landscaped area. Ordinance Amending/Correcting the CFP 2000-2005: "V" Avenue Road Proiect Mayor Maxwell introduced an Ordinance to Council that would amend/correct the Capital Facilities Plan (CFP) for the Six -Year Period 2000-2005. A road extension proposed for the City Industrial Park at "V" Avenue and 34`h Street was inadvertently omitted from the CFP and will be included with the adoption of this Ordinance. With that, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2531. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. River Clvde Storm Outfall Proiect: Chanae Orders 1. 2. and 3 Mr. David Price, Project Engineer, presented a request for Council approval to fund additional costs for three Change Orders on the River Clyde Storm Outfall Project. Awarded to Callen Construction Company in November of 1999, the project is 90% complete with resolution of access issues pending. In a March 28, 2000 Memorandum Mr. Price outlined in detail the nature of the changes. He highlighted some of the revisions: the removal and replacement of four separate side services, excess material required for repair of the roadway, and various unforeseen conditions. After discussion Mr. Carlisle moved, seconded by Mr. Christiansen, to approve Change Orders 1, 2, and 3 to the River Clyde Storm Outfall Project. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Surplus Citv Equipment — Street Sweeper (Elain 1991) Mayor Maxwell presented a request from the Maintenance Division for the Council to declare the 1991 Elgin street sweeper (equipment number 301) surplus and to authorize the sale of the unit to the highest bidder. The sale was duly advertised and two interested parties have responded. Council asked that this matter be tabled for two weeks to ascertain the value attached to the sweeper. Consent Agenda Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 March 23, 2000 and March 30, 2000 are approved for payment as of this date, April 3, 2000. Council vote was unanimous. Claims Warrants Mar, 2000: Warrant Numbers 7075 through 7300 in the total amount of $1,215,493.72 Prewritten Claims Mar, 2000: Warrant Numbers 6690-6692, 6872-6874 in the total amount of $11,562.90 Draw Pavroll Mar, 2000 Warrant Numbers 16441 through 16483 in the total amount of $23,852.80 In the same motion Council cancelled Claims Warrant # 6861 in the amount of $5,172.80, and Adopted Findings of Fact and Conclusions of Law for the Lutheran Church Expansion Conditional Use Permit. 1528 April 3, 2000 - continued Vacation of a Portion of New York Avenue The Public Hearing for the vacation of a Portion of New York Avenue was continued to April 17, 2000. Executive Session At approximately 8:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss Teamsters Negotiations. At approximately 8:30 p.m. the Council reconvened and without taking any further action the Mayor announced that the April 3, 2000 meeting would be continued to 7:00 p.m. on Monday, April 10, 2000 so that the Mayor and Council could conduct an Executive Session for the purpose of discussing land sales (2). April 10. 2000 - Continued Meetina of April 3. 2000 The Mayor reconvened the meeting of April 3, 2000. The Mayor and Council then met in Executive Session to discuss two land sales. At approximately 7:30 p.m. the Council reconvened and without taking any further action adjourned the meeting of April 3, 2000. /rge;�KVVZaian,4Citylerk-Treasurer -7�,,I-L yk� H. Dean Maxwell, Mayor / 4 Councilmember April 17, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of April 17, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meeting_ Mr. Brown moved, seconded by Mr. Rock that the minutes of April 3, 2000 be approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas Miss Jessica Barnes, Anacortes Middle School student, asked what she could do to promote the process to secure a movie theater for Anacortes. Miss Barnes submitted a petition to the Council signed by students willing and able to support this cause. The Mayor and Council thanked Miss Barnes for her efforts. Mr. Sizemore asked to sign the petition and reported on the City's efforts on behalf of this goal. ;Mayor/Council Communications Mayor Maxwell uread ✓a✓Proclamation proclaiming April 22, 2000 as Earth Day in the City of Anacortes and urged all citizens to take the opportunity to commit to building a healthy planet. The Mayor then announced that the Department of Health has issued a Certificate of Competency to Karl F. Franz, Water Treatment Plant Operator 3. The Mayor then turned to a letter from Captain Salter, NAS Whidbey, alerting the City of ongoing repairs to the east/west runway at Ault Field that have required changes in some flight plans. The phone number for the Community Planning Liaison Officer is 360-257-3315. Mr. Carlisle asked to discuss Ordinance # 2486 establishing residential parking zones in the City. In particular, Mr. Carlisle suggested that no -parking zones are not working at the High School and asked that the area become tow -away zones. He asked that this matter be brought forward to a Study Session. Discussion followed regarding the development of the High School's parking lots. Shoreline Master Plan Amendments: Public Hearing Mayor Maxwell opened the Public Hearing to adopt Shoreline Master Plan Amendments. These amendments, already approved as part of the Fidalgo Bay Plan process, must be reviewed and approved under a separate public hearing pursuant to WAC 173-26-100. If approved, the State Department of Ecology would then move the amendments forward into State rules. Discussion followed regarding future amendments that may be necessary to comply with the Endangered Species Act requirement for Chinook salmon. Mrs. Robinette asked that item "h" under 5. MARINAS, p. 26, read "'Dry stack' storage is the pFefeFFed allowed method for handling power boats under 30 feet in length." There were no comments from the audience and the Mayor declared the Public Hearing closed. Discussion followed regarding Mrs. Robinette's proposal. After discussion Mrs. Robinette moved to change item "h" as presented. Motion died for a lack of a second. Mr. Carlisle moved, seconded by Mr. Brown, to adopt the Anacortes Shoreline Master Program Amendments as attached to the Planning Director's March 6, 2000 Memorandum on this subject. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. n. Financial Software Purchase Mr. George Khtaian, Finance Director, presented a request to Council for authorization to update the current financial software system produced by Eden Systems, Inc. Council has reviewed the new system, "InForum Gold" in Study Session. Mr. Khtaian pointed out that the Eden System would not be able to give service support after December of 2001. Discussion followed regarding the City's financial report distribution system. After discussion Mr. Brown moved, seconded by Mr. Carlisle to authorized staff to enter into a Software License & Use Agreement with Eden Systems for purchase of products and services as shown on Exhibit A 1, April 17, 2000 Memorandum on this subject. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Surplus Citv Equipment — Street Sweeper (Elgin 1991) Mayor Maxwell introduced a request to declare the 1991 Elgin sweeper, equipment number 301 as surplus and to authorize the sale of the unit to the highest bidder. The Council reviewed the two proposals received for the purchase of this equipment. Mr. Sizemore explained the comprehensive advertising process used when equipment is to be surplused. With that Mr. Sizemore moved, seconded by Mr. Rock, to surplus the equipment and to accept the officer from the City of Gold Bar in the amount of $15,000 for the purchase of the equipment. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle,) Petrish, Sizemore, and Brown. Motion carried. 41 1530 April 17, 2000 - continued Consent Aaenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Annroval of Vouchers/Cancellation of Warrants Council voted 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 April 6, 2000 and April 13, 2000 are approved for payment as of this date, April 17, 2000. Council vote was unanimous. Claims Warrants Apr, 2000: Warrant Numbers 7304 through 7507 in the total amount of $337,355.94 Payroll Mar, 2000: Warrant Numbers 16484 through 16610 in the total amount of $312,094.58 In the same motion Council adopted Ordinance No. 2532 providing for and establishing a check -handling charge. Continued Public Hearina: Vacation of a Portion of New York Avenue The Public Hearing for the vacation of a Portion of New York Avenue was continued to Monday, May 15, 2000. Firearms Proposal: Ordinance Police Chief King presented an Ordinance for Council's review and approval. The Ordinance deals with the disposal of firearms that come into the possession of the police department. The ordinance, if approved, will comply with RCW 9.41.098 that states firearms can be disposed of in the manner directed by the local legislative authority. Mrs. Robinette suggested that further public input be sought. Discussion followed regarding financial impact of firearms sale or trade. Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2533 entitled "An Ordinance Governing the Disposition of Forfeited Firearms by the Anacortes Police Department". Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. No - Robinette. Motion carried. Proposed Resolution to Allow Purchase from GSA Bid Police Chief King presented a Resolution to Council for review and approval. The Resolution authorizes the Police Chief to purchase supplies and materials through the United States Government including purchases from the General Services Administration Multiple Award Federal Supply Schedule Contracts. With that Mr. Rock moved, seconded by Mr. Carlisle to adopt Resolution No. 1535. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Closed Record Meetina: Preliminary Plat: Cedar Glen The Mayor initiated the Closed Record Meeting on the Cedar Glen Preliminary Plat subdivision, a 23 -lot subdivision located at the south end of Clyde Drive adjacent to the Skyline subdivision and City forestlands. Prior to this meeting the Planning Commission and City Council held a joint site visit to familiarize them with the property to be developed. Planning Director, Mr. Ian Munce, provided overhead displays to review the key features of the proposal including surrounding properties, zones, terrain, street connections, and adjacent property owners. Mr. Munce also pointed out that the regional stormwater detention facility, part of the City's Stormwater Management Plan, will handle stormwater from this project. Additionally, the facility will be available for future projects with a tie-in for the River Clyde drainage basin plan; this 2 - acre detention facility site also serves as a substantial buffer to the neighboring homesites. The project street will allow for a 50' right of way connection to the north. The zoning would allow for 32 sites but given the topography the applicant is proposing 23 units. Due to the concerns drainage concerns raised at the Public Hearing the Planning Commission recommended that the Stormwater Design come back for to further review prior to construction. Mr. Ross O. Barnes filed an appeal on this very issue; he withdrew the appeal with the assurance that public comment will be allowed during the stormwater design review. With regard to the 30' buffer adjacent to the forestlands, the ACFL board has recommended detailed language for these circumstances. The applicants accepted the proposed language. As to concerns from the neighborhood on traffic circulation, the Planning Commission recommended that the traffic safety committee study this issue. The Planning Commission recommendation was for approval with 30 conditions. Mr. Carlisle suggested adding a condition to require a 3 -way stop at Clyde Way and Bryce Drive. The Mayor reported that a traffic analysis of this intersection will be conducted; engineering will then make a recommendation as to what action to take. Mrs. Robinette 1531 April 17, 2000 - continued suggested adding the following to condition # 13: "In order to encourage adjacent property owners to the north to provide access to the street system they build, this development will provide a construction bond equivalent to the cost of building 100 linear feet of City street. This construction bond shall be made payable at the time that such a street connection is made." In doing so this development will create the financial incentive for someone else to build this northern connection. The City Attorney, Mr. Steve Mansfield, responded that the City has the authority to require development of an existing street right-of-way, but that authority would be questionable with the construction of a new street that is not even platted. Mr. Mansfield recommended against taking such action. Mr. Munce clarified that plat requirements to provide street connections are made in response to the Comprehensive Plan. Mr. Carlisle discussed the interrupted flow of the River Clyde. At the close of discussion Mr. Christiansen moved, seconded by Mr. Brown, to approve the Preliminary Plat of Cedar Glen subject to the conditions recommended by the Planning Commission in the Findings of Fact and Conclusions of Law. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Closed Record Meetina: Preliminary Plat: Hiahland Acres (This item is taped and on file at City Hall) Mr. Petrish, Mrs. Robinette, and Mr. Sizemore asked the City Attorney if their current and previous relationships with the applicants as patient, neighbor, or customer, would provide for a conflict. Mr. Steve Mansfield, City Attorney, said that in this circumstance the decision to disqualify is up to the discretion of the councilperson. There were no objections from the audience. Mayor Maxwell then initiated the Closed Record meeting on the Highland Acres Preliminary plat application submitted by Harold and Martha Clure. Highland Acres is a 17 -lot subdivision on 9.82 acres generally located east of Georgia Place and north of the City of Anacortes forestlands. Mr. Ian Munce, Planning Director, outlined the meeting procedure. He would provide the general background followed by 5 appeals with 15 minutes of testimony allowed each. The extensive package of information was previously submitted to Council for review. This meeting will be continued to April 24, 2000 for site visit and deliberation. Using an overhead display, Mr. Munce directed attention to the project location adjacent to the Sargent's Georgia Place replat project and the Lovejoy and Three properties. Key issues are: taking into consideration the steep slopes only 17 units are proposed; the construction of Erie to provide for a second access; detention ponds; Threet access; public street with sidewalks on one side. Buffer language provided by the Forest Board was rejected but Covenants and Restrictions language was proposed. Mr. Munce then characterized the five appeals filed. Kathrvn Alexandra — Everareen Islands. Ms. Alexandra, 6155 Campbell Lake Road, on behalf of Evergreen Islands, requested a legal, binding buffer to the Anacortes City forestlands in the form of a Native Growth Protection Easement. This would create a protective area to prevent blowdown in the forestlands, decrease the invasion of noxious weeds, discourage dumping of yard waste in the forestlands, and buffers pet activities. Mr. Brian Wetcher, 814 26`h Street, emphasized that the protection of the forestlands is desirable for the public good and is best accomplished by the use of buffers or transition areas. He also discussed the enforceability of the covenants. Richard Treston: 4306 St. Mary's Drive, Friends of the ACFL. Mr. Treston supported the comments made by Ms. Alexandra and Mr. Wetcher. He then discussed the homeowner's association responsibility for enforcing the covenants and supported the institution of a buffer to the forestlands. Mr. Richard Bergner, 13898 Rosario Road, VP of Friends of the Forest, supported the buffer concept. Mr. Ross O. Barnes, spoke in favor of the 30' buffer. With regard to his personal appeal, Mr. Barnes asked that the final storm drainage plan be brought back for public comment as well as Planning Commission and Council review and approval. Mr. Richard Threet, 2701 17th Street, using overheads, reviewed the project drainage issues and proposed financial and jurisdictional language for maintenance of the detention pond. Mr. Alan Souders, Attorney for the applicants, reviewed his written arguments in opposition to the appeals. Mr. Souders then addressed the 30' buffer -and suggested that enforceability of a covenant as identical to the enforceability of an easement; the proposal as presented meets the City codes and the imposition of a buffer is outside the boundaries of those codes unless payment of fair value is made. The existing utility easement allows for all utilities and is a private matter between private parties. He then addressed the Clure appeal to delete conditions 17 and 21:. The appeal of condition # 17 was withdrawn. Mr. Souders then spoke to the appeal of condition # 21. The Planning Commission recommended public streets; the Clures applied for a private street designation. In essence Mr. Souders said there was no legal reason to the deny private street request. If granted, the City would be spared the maintenance burden and the applicants are asking the Council to reverse the Planning Commission recommendation. Mr. Souders concluded stating the street tie-in to the east is not practical. Mr. Souders then reviewed various street development scenarios. None are practical or reasonable. The City Attorney stated that private streets would allow for some control of access. The Planning Director, Mr. Ian Munce, pointed out that City staff and Planning Commission recommended against private streets because there is no authority to connect to 1532 April 17, 2000 - continued private streets. Also, Mr. Munce clarified that the City required public streets on the adjacent Sargent plat so that a connection would be made in the direction of the Clure's property. Questions followed regarding trespass restrictions, speed limit controls, and speed bumps. At 10:30 p.m. the Council set Friday, April 21, 2000, 9:00 a.m. as the site visit date for this project. The Closed Record meeting was also continued to Monday, April 24, 2000 for deliberation and decision. G, e K aian, City Cl rk-Treasurer H. De n Maxwell, Mayor Councilmember Continued Meeting of April 17, 2000 -- April 24, 2000 Meeting was called to order at 7:30 p.m. by Mayor Dean Maxwell. Councilmen present: Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, Rock. Absent: none. Continued Public Hearina on Hiahland Acres Preliminary Plat Director of Community Development Munce brought the Council up to date on what had transpired previously in regard to the application of the developers for approval of the Plat of Highland Acres. A site visit was held on April 21, 2000. It was moved by Council Member Robinette that a 30 foot buffer be imposed on certain properties within the proposed plat by language contained in a written proposal by Council Member Robinette. Motion was seconded by Rock. Vote: Ayes: Robinette. Nays: Carlisle, Petrish, Sizemore, Brown, Christiansen, Rock. Motion failed. It was moved by Sizemore and seconded by Carlisle to modify the language in condition 10 to require the drainage plan be brought back to Council for final approval and review. Vote: Ayes: Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle. Nays: none. It was moved by Brown and seconded by Carlisle to deny the appeals on Condition 29, leaving Condition 9 with the language as proposed by the Planning Commission. Vote: Ayes: Sizemore, Brown, Christiansen, Robinette, Carlisle, Petrish. Nays: Rock. It was moved by Carlisle and seconded by Sizemore that Erie Avenue be constructed as a public street. Vote: Ayes: Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore. Nays: none. p• It was moved by Sizemore and seconded by Brown that all internal streets contained within the proposed plat be public streets. Vote: Ayes: Christiansen, Robinette, Rock, Petrish, Sizemore, Brown. Nays: Carlisle. It was moved by Sizemore and seconded by Christiansen that a 50 foot right-of-way be provided for future connection to public streets. Vote: Ayes: Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen. Nays: none. It was moved by Petrish and seconded by Sizemore to accept Planning Commission recommendation for approval of the proposed plat. Vote: Ayes: Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette. Nays: none. With no further business to come before the continued meeting, the meeting was adjourned. —W Z. 04r�4"" n741 11 �(/ orge "'iitai n, ity Clerk -Treasurer H. Dean Maxwell, Mayor Counci mem 1533 May 1, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled. meeting of May 1, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Christiansen that the minutes of April 17, 2000 be approved as if read. Vote was unanimous. Mr. Christiansen moved, seconded by Sizemore, that the minutes of April 24, 2000 be approved as if read. Vote was unanimous. Citizen Hearinqs No citizens present wished to speak on items not on the agenda. .c.,�-o uvc.-ocio.anucicioio/oiovoicvivivooroa .+Mayor/Council Communication, Mayor Maxwell read two Proclamations: Proclamation proclaiming May as Foster Care month in the City of Anacortes urging citizens to volunteer their talents and energies on behalf of children in foster care, foster parents, and child welfare professional staff; and Proclamation proclaiming May 7-13, 2000 as Drinking Water Week in the City of Anacortes calling upon citizens to help protect our source waters from pollution. Mr. Petrish asked Mr. Munce to brief the Council on the Youngsman/waterline issue. Mr. Munce explained that an appeal will be before the County Hearings Examiner on May 24th with action anticipated from the Department of Ecology and State Department of Fisheries. Mayor Maxwell presented a Certificate of Achievement for Excellence in Financial Reporting for the City's comprehensive annual financial report for the fiscal year ending December 31, 1998. The Certificate was presented to Mrs. Jenifer Troxel. Mrs. Troxel thanked the Mayor and Council for the opportunity to prepare this document. Mr. Carlisle reported on the success of the quilt show and quilt walk. Mr. Carlisle then read a letter from Burton's Jewelers enthusiastically supporting the activity. Consider Bid: Small Diameter and Whistle Lake Rd. Waterline Replacement Mr. Jim Pemberton, Director of Public Works referenced an April 26, 2000 memorandum from the City Engineer outlining the bid process for the Waterline Replacement Work projects. Seven bids were received with BBG L.L.C., Bow, Washington as the low bidder. The bid, after corrections, was $230,882.97. BBG's letters of recommendation were reviewed by staff with a majority of favorable comments. Staff recommends that Council award the project to BBG Construction L.L.C. in the amount of $230,882.97. Mr. Christiansen so moved, seconded by Mr. Brown. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Supplemental Consultant Agreement: Pump Station Unarades Mr. Jim Pemberton, Director of Public Works, referenced an April 24, 2000 memorandum regarding the lift station rehabilitation project — supplemental agreement. In 1999 Council awarded a contract to Udelhoven General Inc., for the purpose of upgrading four sanitary sewer lift stations. The contract time has expired with numerous unresolved contract issues outstanding. The Mayor and staff met with the contractor and all parties agreement to proceed with the project. In order,to better facilitate the work to be done staff asked Semrau Engineering and Surveying to provide a supplemental agreement and scope of service to take over as resident engineer and to see this project to completion. Mr. Rock stated his objection to the additional expenditure. Discussion followed with a motion from Mr. Sizemore to approve and execute the supplemental agreement with Semrau Engineering and Surveying on the extra engineering services for the lift station rehabilitation project. The contractor will provide a work schedule for staff review and approval. Vote: Ayes — Christiansen, Robinette, Carlisle, Petrish, Sizemore, and Brown. No — Rock. Motion carried. Budget Amendment Ordinance Mr. George Khtaian, Finance Director, presented an Ordinance to Council that would authorize the 1St quarter Budget amendment for the year 2000. Mr. Khtaian first highlighted the key elements to this Ordinance — the new financial management software system and the public works projects that have been re -budgeted for this year. Mr. Khtaian concluded with a review of each of the funds to be amended. With that Mr. Christiansen moved, seconded by Mr. Rock, to adopt Ordinance No. 2534 amending the budget for all municipal purposes and uses for the year 2000. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. 1534 May 1, 2000 - continued Resolutions (6) Contract Water Rates (Annual) Mr. George Khtaian, Finance Director, reported to Council that every year the City makes rate adjustments to the 6 water contractors with the City of Anacortes. Rates are reviewed annually and adjustments and reimbursements are made accordingly. Mr. Khtaian also provided statistical information for comparison including water consumed and revenues received from the contractees. With that Mr. Sizemore moved, seconded by Mr. Brown, to adopt Resolution No. 1536 authorizing execution of an amendment to water contract between the City of Anacortes and Swinomish Tribal Community; Resolution No. 1537 authorizing execution of an amendment to water contract between the City of Anacortes and the Town of LaConner; Resolution No. 1538 authorizing execution of an amendment to water contract between the City of Anacortes and P.U.D. # 1 of Skagit County; Resolution No. 1539 authorizing execution of an amendment to water contract between the City of Anacortes and Tesoro Northwest Co.; Resolution No. 1540 authorizing execution of an amendment to water contract between the City of Anacortes and Equilon Enterprises LLC; and Resolution No. 1541 authorizing execution of an amendment to water contract between the City of Anacortes and the City of Oak Harbor. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 April 20, 2000 and April 27, 2000 are approved for payment as of this date, May 1, 2000. Council vote was unanimous. Claims Warrants Apr, 2000: Warrant Numbers 7511 through 7724 in the total amount of $235,259.34 Prewritten Claims Apr, 2000: Warrant Numbers 7072-7074, Draw Pavroll 7301-7303 in the total amount of $13,401.27 Apr, 2000: Warrant Numbers 16611 through 16656 in the total amount of $24,727.80 In the same motion Council adopted Findings of Fact and Conclusions of Law for the Cedar Glen Preliminary Plat. Street Fair Applications: Eaales Barbecue; Ovster Run. Waterfront Festival. Seabear Fun Run Mr. Jim Pemberton, Director of Public Works, presented an April 25, 2000 Memorandum outlining the street closure applications for the following events: Waterfront Festival, Sea Bear Salmon Run, Eagles Salmon BBQ, and the Oyster Run. Mr. Pemberton reported that all the applications are similar in format to previous years. The traffic safety committee will work with the Oyster Run request for closure from 2nd Street to 11th Street; east -west traffic flow; traffic flow at 37th and "T"; and garbage collection. Staff recommends that each application be approved with the conditions outlined in the Director's April 25th Memorandum. Mr. Sizemore so moved, seconded by Mr. Carlisle. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Closed Record Meetina: Shannon Point Marine Center Conditional Use Mr. Ian Munce, Planning Director, introduced this project with an overhead display showing the location of the Marine Center in the Public Use Zone. The proposal before Council is for the additiory of a 1,800 square foot library and associated amenities to the existing Center at 1900 Shannon Point Road. Mr. Munce thanked Dr. Sulkin of the Marine Center for his leadership in getting Shannon Point Road paved from Sunset Avenue to the Marine Center property. There was no public opposition to the proposal and.the Planning Commission recommended approval subject to six standard conditions. Mr. Carlisle so moved, seconded by Mr. Rock. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. The Mayor also thanked Dr. Sulkin for the good neighbor relationship between the Shannon Point Marine Center and the City of Anacortes. Closed Record Meetina: PSE Mt. Erie Master Plan — Conditional Use Mr. Ian Munce, Planning Director, first acknowledged Mr. Andy Swayne and Ms. Kathy Larsen with PSE. PSE has applied for a conditional use permit for approval of a Mt. Erie Communications Facility Master Development Plan to include existing towers and antennas, equipment and generator shelter, above -ground fuel tank, portable equipment building, and two 1535 May 1, 2000 - continued above ground propane tanks. In addition, the Plan proposes the installation of a second 150 foot tower, expansion of the existing shelter, and various revisions to the existing Binding Site Plan all designed to accommodate additional tenant users. Mr. Munce provided the background information on property ownership and history including the current concern from the Kiwanis Club over commercial use at this site. Negotiations have occurred with an agreement reached between PSE and the Kiwanis. The Planning Commission recommended approval subject to standard conditions together with conditions minimizing the impact to recreational users of Mt. Erie. There was no appeal. Mrs. Robinette thanked Mrs. Munce for his efforts to assist in resolving the issues on this project. With that Mr. Christiansen moved, seconded by Mr. Brown, approve the PSE Mt. Erie Master Plan Conditional Use application subject to the conditions contained in the Findings of Fact and Conclusions of Law. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Mayor Maxwell thanked Ms: Kathy Larsen from PSE for her leadership in resolving the complex- issues surrounding this application. Boat Ramp Aareement with North Harbor Diesel Mr. Ian Munce, Planning Director, presented a Letter of Permission for North Harbor Diesel, Inc. to utilize the City's boat launch ramp for up to 30 minutes every day. The arrangement is on a year-to-year basis and payment for the use will be $200/month. Mr. Brown moved, seconded by Mrs. Robinette, to approve the Letter of Permission for North Harbor Diesel, Inc. to use the City's boat launch ramp and to request that this matter will be brought back to Council for review in January of 2001. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Economic Develoument Projects: Interlocals with Skagit Countv Mr. Ian Munce, Planning Director, submitted proposed Interlocal Agreements with Skagit County for the City Industrial Park project to extend a road from "V" Place to 34`h Street, including water and stormwater to 12 acres of industrial property and the South March Point Road Upgrade project to include of road improvements. After discussion Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Mayor to enter into the two Interlocal Agreements with Skagit County for "V" Place and South March Point Road projects. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Consultant Services Aareement — Anaco Beach Road Puma Station Modifications Mr. Jim Pemberton, Director of Public Works, explained to the Council that the item before them involves the sewer lift station on Anaco Beach Road identified as # 16 in the comprehensive sewer plan. Mr. John Franz, WWTP Manager, proposes a scope of work to use Semerau Engineering redesign work to get the site ready for a generator, and to have the generator designed both electrically and in size to match the City's equipment. The Marine Heights developer would then install a generator on PS # 16. Questions followed from Council regarding use of 3-phase and creating space in the right-of-way for the generator rather than use of an easement. Mr. Brown moved, seconded by Mr. Sizemore, to authorize staff to enter into an agreement with Semrau Engineer to provide the work at Pump Station # 16 as outlined in the April 24, 2000 memorandum from John Franz to Jim Pemberton. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Consultant Services Aareement — WWTP Carbon Monoxide Monitorinq Mr. Jim Pemberton, Director of Public Works, explained that the City is required to monitor the emissions from the stack at the wastewater treatment plant. This monitoring is a regulation of the Clean Air Act. In order to comply the City will have to install the necessary monitoring equipment. Mr. Pemberton presented a Scope of Work from CH2M Hill to provide for professional services to perform the work required. The total amount for the work in the agreement is a not to exceed value of $39,800. With that, Mr. Sizemore moved, seconded by Mr. Rock, to approve the contract with CH2M Hill for the Carbon Monoxide Monitor Engineering Contract. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Ground Lease for Movie Theater Mr. Sizemore, reviewed the efforts to date for the development of a theater for Anacortes. Mr. Sizemore also highlighted the efforts made by citizen committees and individuals working toward this same goal. The Mayor, concerned citizens, staff and Mr. Steve Lange of South Sound Investments met to discuss the location and financing for a theater. Site visits were conducted. The City parking lot at 5th Street and "O" Avenue was a favorable spot. Miss Jessica Barnes submitted additional petitions to Council in support of securing a theater. She reported that Middle School students thanked the Council for listening to their request and volunteered to help with fundraising., Mr. Andy Mayer, Chamber of Commerce, thanked Mr. Sizemore, Mayor, Council, and Mr. Mayer for all efforts made on this exciting project. Downtown business owners are in support of the use of the downtown parking lot as a location; 1536 May 1, 2000 - continued some concern was expressed for lost parking. The Council has a copy of a draft letter to Mr. Steve Lange regarding a ground lease at 5' and "O" for a movie theater. Mr. Don Daniels, committee member, offered support in securing a theater. Mr. Petrish clarified that the citizens of Anacortes will not be taxed for the building. Mr. Brown moved, seconded by Mr. Christiansen, to authorize the Mayor to execute the April 26, 2000 letter to Mr. Steve Lange. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. At 9:30 p.m. the Mayor announced that the meeting would be continued to Monday May 8, 2000 to convene in Executive Session to discuss Labor Negotiations with possible action when the Council recon enes. Geor htai�, City Clerk Treasurer H. Dean Maxwell, Mayor �j ounc er' Continued Meeting of May 1, 2000 -- May 8, 2000 Meeting was called to order by Mayor Maxwell at 7:30 p.m. Those present were: Carlisle, Petrish, Sizemore, Brown, Robinette, and Rock. Absent: Christiansen. City Council then adjourned into Executive Session for a discussion regarding Labor. Negotiations. Following the Execution Session, the Council Meeting was again called to order by Mayor Maxwell. It was moved by Councilman Brown and seconded by Councilman Rock to approve the proposed Teamster Union Contract for the years 2000 through 2002. Vote: Ayes: Carlisle, Petrish, Sizemore, Brown, Robinette, Rock. Nays: none. Motion carries. As to the theater issue, it was moved by Councilman Sizemore and seconded by Councilman Carlisle as follows: A. We formally solicit detailed proposals by noon, May 22, 2000 and meet that evening to review these proposals according to the following criteria: 1. the proposed opening date 2. the qualifications and experience of the individuals/companies involved 3. the proposed program of operation 4. the security of project financing B. At the same meeting we give those submitting the top ranked proposal until June 19, 2000 to execute a lease/contract with the City. n - Jeanne Robinette moved :to amend the motion to modify the proposal by formerly soliciting declarations of interest by May 18th and then to solicit detailed proposals from those interested by June 18th and to add another factor for Council consideration as to what benefit will accrue to the City from the proposal. Motion died for lack of a second. Vote on main motion: Ayes: Petrish, Sizemore, Brown, Rock, Carlisle. Nays: Robinette. Motion carried. With no further business to come before the continued regular Council Meeting, meeting was adjourned to a study session. Ge Kht ' n, City Clerk -Treasurer H. Dean Maxwell, Mayor Counci member 1537 May 15, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of May 15, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Jeanne Robinette. Absent: Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mrs. Robinette asked that the minutes of May 8, 2000 be amended to include "The issue of soliciting detailed proposals for lease of City land for a movie theater was added to the agenda of May 8th without public notice, without mention on the printed agenda, and without Council majority vote in accordance with Section 4 c of Council Procedures." With that, Mrs. Robinette moved, seconded by Mr. Petrish, that the minutes of May 1, 2000 and May 8, 2000 be approved. Vote: Ayes — Petrish, Sizemore, Brown, Robinette, and Carlisle. Abstain: Christiansen. Motion carried. Citizen Hearinas Mrs. Ann Thompson, on behalf of the Anacortes Farmers Market, presented gift baskets to the Mayor and Council in appreciation for the Council's support of the Market. The Market opens its 11th season on May 201h, 9:00 a.m. to 2:00 p.m., and will operate every Saturday through October 14th. Mr. Sizemore noted that the Market is a positive attraction for both the community and its visitors. Miss Jessica Barnes, Anacortes Middle School, thanked the Mayor and City Council for listening to her discuss support of an Anacortes movie theater. Many students have been encouraged by Council efforts to make the theater a reality. Mayor Maxwell thanked Miss Barnes and other Middle School students for their willingness to step forward and help the community on this project. °Mayor/Council Communication; Mayor Maxwell read a Proclamation proclaiming Saturday, May 20, 2000 as Good Sam Nationwide Trash Clean-up Day in the City of Anacortes. Mayor Maxwell reported that the Mayors, City Attorneys, and Planners of Mt. Vernon, Burlington, Anacortes, and Sedro-Woolley met last week to discuss the recent direction taken by Skagit County with regard to the Countywide Planning Policies (CPP). Previously, the Anacortes Council reviewed County -proposed CPP amendments and voted to approve the amendment package. Since that time the Skagit County Commissioners have eliminated two of the City -approved amendments dealing with zoning relative to a hospital at Bayview Ridge and the elimination of the Boundary Review Board. As a result of this action a Resolution has been prepared declaring a breach of the contract between Skagit County and its Cities; this contract specifically outlines a collaborative process for ratifying and adopting CPP's. Mr. Christiansen moved, seconded by Sizemore to support this action. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Carlisle, and Petrish. Motion carried. Findinas of Fact and Conclusions of Law: Hiahland Acres Mr. Ian Munce, Planning Director, presented the Findings of Fact and Conclusions of Law for the Highland Acres Preliminary Plat. Given the project's private street issue and potential for appeal, Mr. Munce included Comprehensive Plan and Subdivision Ordinance cross-references with the Council findings on this issue. Mrs. Robinette clarified that the project street width is 32'. With that, Mr. Brown moved, seconded by Mr. Sizemore, to approve the Highland Acres Preliminary Plat Findings of Fact and Conclusions of Law. Vote: Ayes — Brown, Christiansen, Robinette, Petrish, and Sizemore. No — Carlisle. Motion carried. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Christiansen to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Robinette, Petrish, Sizemore, and Brown. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 May 4, 2000 and May 11, 2000 are approved for payment as of this date, May 15, 2000. Council vote was unanimous. Claims Warrants May, 2000: Warrant Numbers 7728 through 7955 in the total amount of $814,114.18 Payroll Apr, 2000: Warrant Numbers 16657 through 16787 in the total amount of $273,888.85 In the same motion Council adopted Findings of Fact and Conclusions of Law for the PSE Conditional Use and the Shannon Point Marine Center Conditional Use Permits 1538 May 15, 2000 - continued Contract for Carnegie Buildinq Exterior Restoration Proiect Ms. Karen Marshall, Museum Director, presented the bids for the Carnegie Building Exterior Restoration Project with two bid options for Council review and approval. After discussion Mr. Christiansen moved, seconded by Mr. Brown, to approve Option One Bid from RDS Construction, Poulsbo in the amount of $35,544.20. The Mayor pointed out that a budget amendment for this project will be brought back for Council approval. Vote: Ayes — Robinette, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Mr. Sizemore complimented Mr. Don Measamer, Building Department, for his work on the bid/background review. Continued Public Hearina: Vacation of a Portion of New York Mayor Maxwell re -opened the continued Public Hearing on a Petition to Vacate that portion of New York Avenue lying between Blocks 1301 and 1401 of the Northern Pacific Addition north of Oakes Avenue in the vicinity of Anacopper Mine Road. This platted right-of-way does not extend to the waterfront. This matter was first heard in Public Hearing by the Board of Adjustment and drainage and public access issues were raised. The Board tabled the matter and heard the proposal a second time and recommended that this vacation be approved subject to a Public Works' approved engineering design for repair/replacement of the existing drainage system and specific easement language. Mr. Pemberton then showed several overhead views of the project including drawings of the preliminary drainage proposal and site plan. The Mayor then opened the Public Hearing for public comment. Mr. Jack Papritz, 3607 J Avenue, asked that approval of the vacation be subject to provision of trail access. Mr. Ross Barnes, 13695 Harbor Lane, spoke in favor of the vacation subject to specific conditions dealing with access. Mr. Barnes distributed a handout to Council (no copy available for the record) showing revised lot layouts. Mr. Barnes then recommended that the west half of. the right-of-way be vacated, leaving the east half open for trail and drainage development. Mr. Don McKee, 200 Curtis Drive, property owner adjacent to the east half of the proposed vacation pointed out that drainage system crosses his property and that any solution must include resolution of the drainage issues. Mr. Randy Cox, petitioner, described the long- term drainage issues at this site. There were no further comments. Mrs. Robinette distributed copies of her correspondence on this matter. Mrs. Robinette asked the petitioner to provide proof of ownership of Lot 4 and a survey of the boundaries of the property. Mrs. Robinette also asked for information on ownership of the railroad right-of-way and urged the development of walkable access to the beach. The Mayor then announced that this Public Hearing would be continued to Monday, June 5, 2000. Additionally, a site visit was scheduled for Monday, May 22, 2000 at 5:00 p.m. at the New York Avenue project site. At approximately 8:30 p.m. the. -Mayor announced that this meeting would be continued to Monday, May 22, 2000 at 7:30 p.m. for the purpose of reviewing qualifications of operators and financing proposals for a movie theater. Ge e K aian, City Clerk -Treasurer H. Dean Maxwell, Mayor �. a• ell "� Councilmember 1539 Continued Meeting of May 15, 2000 -- May 22, 2000 Intersection of New York Avenue and Oakes Avenue The Mayor called the meeting to order at 5 p.m. for purposes of considering the site for the proposed vacation of New York Avenue north of Oakes Avenue. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. No public testimony was taken. At approximately 5:20 p.m. Mayor Maxwell continued this meeting to 7:30 p.m. in the Municipal Building Council Chambers. Continued Meeting Reconvened -- May 22, 2000 Roll call found present: Councilmembers Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, Ken Brown, and Bill Carlisle. Mayor Maxwell introduce two competing proposals to locate a movie theater on a portion of the City parking lot at 5th and "O" Avenue. After discussion, Councilman Sizemore moved that the City Council select the proposal submitted by Mr. John Piazza and Mr. Steve Lange and grant these parties 30 days to finalize a lease on the parking lot premises with the City. The motion was seconded by Mr. Christiansen and passed unanimously. In conjunction with this motion, the Council established the following as a committee to guide the preparation of the lease document: Councilmember Rock, Councilmember Sizemore, Councilmember Christiansen, Mr. Bill Mitchell, and Mr. Jack Mayer. There being no further business, the meeting adjourned at approximately 7:50 p.m. G o e Khyaian, City Clerk -Treasurer H. IJAn Maxwell, Mayor 666nci member n - 1540 June 5, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of June 5, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Brown moved, seconded by Mr. Rock, that the minutes of May 15, 2000 and May 22, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to speak on items not on the agenda. ;Mayor/Council Communication," Mavor's`Award of Merit. Mayor Maxwell congratulated Mrs. Sue Moore for having been nominated by her co-workers and supervisors to receive the Mayor's Award of Merit. The Award reflects her outstanding performance in the Finance Department. The Mayor presented Mrs. Moore with a gift certificate. Mr. Petrish shared a constituent's suggestion to add warning signs placed to the south of the skateboard park to warn northbound vehicles. Mr. Rock supported the suggestion. Mr. Petrish announced that there will be a community fund raising campaign to restore the stone work and bandstand at Causland Park. Consider Bid for Overlav of Loon Road at Washinaton Park Mr. Gary Robinson, Director of Parks and Recreation, requested that Council review the bids for the Washington Park Loop Road Overlay project. Lakeside Industries submitted the low bid of $46.75 per ton with a $1,500 cost for removing the speed bumps. The total estimated project cost is $52,551.00. With that, Mr. Brown moved, seconded by Mr. Carlisle, to award the bid to Lakeside. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Corrected Findinas of Fact and Conclusions of Law: Hiahland Acres Mr. Ian Munce, Planning Director, presented corrected Findings of Fact and Conclusions of Law for the Highland Acres Preliminary Plat. Previously approved by Council, the Findings reflect certain text corrections submitted by Mr. Richard Threet. The corrections were reviewed and incorporated as appropriate. On a question from Mr. Christiansen, Mr. Munce explained that a new appeal period will commence with the approval of the amended Findings. After discussion Mr. Sizemore moved, seconded by Mr. Petrish, to adopt the June 5, 2000 Corrected Findings of Fact and Conclusions of Law for the Highland Acres Preliminary Plat. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Petrish, and Sizemore. No — Carlisle. Motion carried. Capital Facilities Plan (CFP) Public Hearina/Transoortation Plan Public Hearinct Mayor Maxwell opened the Public Hearing for the Capital Facilities Plan (CFP)/Transportation Plan. Mr. Ian Munce, Planning Director, first clarified the role of the CFP. While the CFP is not the annual budgetary document; it is a document that interfaces between long-range planning and the annual budget cycle. The CFP Council -approved projects comply with the Growth Management Act and are the basis for grant applications, impact fee calculations, utility hook-up charges, and rate study analysis. While the CFP has been reviewed by Council in Study Session, a new item has been added — the Transportation Element, deemed underfunded by staff. In particular, staff recommends that the Traffic Impact Fee be set at $900.00. Mr. Munce then thanked in particular George Khtaian, Finance Director, and Jenifer Troxel, Deputy Finance Director, for the quality and high caliber of the City's CFP. Mr. Dave Lervik, City Engineer, first discussed the Transportation Element of the Plan and reviewed the project names, funding sources, and time line for construction. Mr. Gary Robinson, Director of Parks and Recreation, listed the Guemes Channel, Volunteer Park, athletic field, neighborhood parks, and mausoleum/cemetery imprcvements. Police Chief, Mr. Mike King, reviewed the 2 items in the CFP, police vehicle replacement and change in radio system. Fire Chief, Mr. Richard Curtis, listed training testing pit, aerial ladder truck, ambulance, March Point Fire Station, and duty officer staff vehicles. Ms. Karen Marshall, Museum Director, highlighted the cornice replacement at the Carnegie Building and W.T. Preston interpretive Center as CFP items. Mr. Doug Everhart, Library Director, discussed the new library fund raising. Mr. Jim Pemberton, Director of Public Works, drew attention to equipment rental purchase replacement of a small dump truck and replacement of sewer jet. Mr. Pemberton then discussed new Public Works CFP projects and including the upgrade of the restroom/shower facilities at the Maintenance Shop. Mrs. Robinette suggested that the time frame for the sewer line rehab/replacement and storm sewer separation projects be accelerated. The Mayor then invited public comment. Ms. Marcia Hunt 1515 14th St., spoke in favor of the signal at 12th St. and "M" and "D" Avenues, supported bicycle lanes on Sunset Avenue, and spoke against bulbouts. Mr. Ross O. Barnes, 13695 Harbor Lane, referred to TP -001, page 21, location should read "West March Point Road'; asked for clarification on the location and description of TP -002, page 22; page 41 of the CFP, asked for reference to the non - motorized plan in progress; page 46, asked for clarification on location of bike and walking path along Highway 20; recommended more natural landscaping for trees; page 50, Type 5, "Plant appropriate low- lying native plants". There were no further comments and the Mayor declared the Public Hearing closed. After discussion Mr. Christiansen moved, seconded by Mr. Brown, to adopt Ordinance No. 2536 adopting the Capital Facilities Plan for the 6 -year period 2001-2006. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Study Sessions will be scheduled for discussion on the Transportation Plan/Impact Fee. 1541 June 5, 2000 -- continued Continued Public Hearina: Vacation of Portion of New York Avenue Mayor Maxwell reconvened the continued Public Hearing on a Petition to Vacate a portion of New York Avenue just north of Oakes Avenue between Blocks 1401 and 1301, Northern Pacific Addition, submitted by Island Development (Randy Cox) and Mr. and Mrs. Don McKee. Mr. Carlisle moved to table this matter until all information is provided on the project wall height. Motion died for a lack of a second. Mr. Jim Pemberton, Director of Public Works, reported on previous testimony offered on this project with regard to public access and drainage. Referring to his May 31, 2000 Memorandum to Council, Mr. Pemberton proposed 3 alternatives together with a recommendation as follows: "The right of way be vacated and that the developer be required to provide an easement across Lot 4 and affect all storm water improvements necessary to deal with surface water in the immediate vicinity." Further, costs of those improvements be credited against the value of the right-of-way being vacated and any funds remaining be transferred to the Parks Department to be used for trail access in another location." Mr. Pemberton then reviewed the 3 alternatives. Mrs. Robinette submitted Hearing Exhibit 1 providing another alternative for the vacation to allow for a hammerhead, $11,000 in compensation, and a trade of private landscaping/open space for trail/drainline easement. Mr. Petrish suggested a trail would not be practical due to steepness of terrain and parking issues. Mr. Ross O. Barnes, 13695 Harbor Lane, submitted Hearing Exhibit 2, a memo indicating the significance of this project to the Cross -Island Trail Task Force. Mr. Barnes also pointed out that a 3 -page map packet was submitted as an exhibit to Council at the last hearing on this matter. Using an overhead display from this packet, Mr. Barnes pointed out the location of an existing trail and suggested a feasible trail route. He also suggested that this right-of-way not be given up without equal value to the public. Mr. Malcolm Lorente, 3820 W. 4th St., asked why the vacation is necessary and commented on the room's acoustics. Mr. Ken Wilson, 2202 Dublin Place, Board of Adjustment member, said that this item was denied until an acceptable drainage plan could be provided. Mr. Randy Cox, 2306 35th Court, proponent, clarified that he petitioned for the vacation because of the severe drainage/erosion issue at this site. Mr. Brian Wetcher, 81426 th St., urged the Council to take this opportunity to provide for a public trail. Mr. Stuart VanBuren, land surveyor, spoke in favor of the vacation without attached conditions. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Carlisle moved, seconded by Mrs. Robinette, to table this matter for two weeks to study the proposal submitted by Mrs. Robinette. Discussion followed. Mr. Pemberton confirmed that the proponent had reservations about public access through his property. He also recommended that value for the right-of-way be calculated at the appraised amount. Vote: Ayes — Robinette, Rock, and Carlisle. No — Petrish, Sizemore, Brown, Christiansen. Motion failed. Mr. Christiansen moved, seconded by Mr. Sizemore, that the right-of-way be vacated and that the developer be required to provide an easement across Lot 4 and affect all storm water improvements necessary to deal with surface water in the immediate vicinity. Further, costs of those improvements be credited against the value of the right-of-way being vacated and any funds remaining be transferred to the Parks Department to be used for trail access in another location. Mr. Christiansen moved, seconded by Mr. Sizemore to amend the motion to add "appraised" as the method of determining value of the right-of-way Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Vote on the primary motion: Ayes — Petrish, Sizemore, Brown, and Christiansen. No — Carlisle, Robinette, and Rock. Motion carried. Completion of the Lift Station Alarm Svstem Project Mr. Jim Pemberton, Director of Public Works, submitted a request to Council to accept the lift station alarm system project as complete in order to start the 30 -day lien period. If no liens are filed, retainage now held can be released to the contractor, Technical Systems, Inc. Mr. Sizemore so moved, seconded by Mr. Christiansen. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Mr. Rock asked for an update on the project from Mr. John Franz, wastewater treatment plant manager. Consent Anenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Aaoroval of Vouchers/Cancellation of Warrants Council voted 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 May 18, 2000, May 25, 2000 and June 1, 2000 are approved for payment as of this date, June 5, 2000. Council vote was unanimous. Claims Warrants May, 2000: Warrant Numbers 7959 through 8203 in the total amount of $1,912,826.77 Prewritten Claims May, 2000: Warrant Numbers 7508, 7509, 7510, 7725, 7726, 7727, and 7956 in the total amount of $15,533.94 Payroll May, 2000 Warrant Numbers 16835 through 16959 in the total amount of $296,485.49 Draw Pavroll May, 2000: Warrant Numbers 16788 through 16834 in the total amount of $26,078.91 In the same motion Council cancelled claims warrant number 6219 in the amount of $78.44 1542 June 5, 2000 -- continued Street Fair Application: 4th of July Extravaaanza Mr. Dave Lervik, City Engineer, presented the annual request from the Anacortes Women of Today for the 4th of July Parade and Extravaganza on Commercial Avenue and at Causland Park. The Council reviewed the parade route and street closures — similar to last year's request. In a May 23, 2000 Memorandum, Mr. Lervik outlines staffs recommendation to approve the street fair application based on the application submitted and subject to 5 conditions. Mr. Carlisle so moved, seconded by Mr. Rock. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Directinq Quarry Revenues: Public Comment/Ordinance Mayor Maxwell presented an Ordinance for Council review and approval. Previously studied in Study Session, the Ordinance would create an Anacortes Community Forestlands Management Fund to receive revenues from the quarry contract between the City of Anacortes and Lakeside Industries. Mr. Gary Robinson, Director of Parks and Recreation, reported that this fund would be available each year to be budgeted for ACFL purposes. Mr. Rick Haley, 1804 Lea Place, Chairman of the Forest Board, recommended that the fund not be used for the day-to-day operations of the ACFL or the Parks Department. The suggested intent would be to accumulate funds for interest compounding or for the acquisition of property. Ms. Marcia Hunt, 1515, 14th St., reported that the ACFL Advisory Board recommends that acquisition, restoration, and environmental education are compatible with the Ordinance language, "operation, maintenance, management, and enhancement". Ms. Hunt supported Mr. Haley's remarks. Mr. Ross Barnes, 13695 Harbor Lane, on behalf of the Friends of the Forest, spoke to the land issues, specifically the SEPA document for the 160 acres transferred from Public Works Department to the ACFL. Mr. Barnes then inquired about conservation easement acquisition. Mr. Brian Wetcher, 814 26th St., ACFL Advisory Board, supported the recommendation from the Forest Board. Mrs. Robinette suggested that the 10 acres be used for trail access to be designed from the restoration plan and that "shall" be changed to "may" in Section 1 of the Ordinance. Council discussion followed regarding the use of the 160 acres, Ordinance language, use of revenue, and Forest Land Trust Fund. With that, Mr. Sizemore moved, seconded by Mrs. Robinette, to adopt Ordinance No. 2535 entitled "An Ordinance Creating an Anacortes Community Forestlands Management Fund for the City of Anacortes and repealing Ordinance No. 1873 which was passed and approved on March 1, 1982." With the following language added to Section 1: "This fund shall be designated for... maintenance, enhancement, acquisition, restoration, and environmental education." Vote: Ayes — Christiansen, Robinette, Rock, Sizemore, and Brown. No — Carlisle, Petrish. Motion carried. 24th and 29th Street Sidewalks: Construction Contract Award Mr. Dave Lervik, City Engineer, presented a request to Council to award the bid for the 24th Street/291h Street sidewalk project. Low bid was received from Larry Brown Construction, Inc. in the amount of $117,093.95. Mr. Sizemore so moved, seconded by Mr. Christiansen. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Supplemental Acireement/Montaomery Watson Mr. Jim Pemberton, Director of Public Works, presented a request to Council to approve amendment No. 5 to the Agreement for Engineering Services for waterline replacement project between the City of Anacortes and Montgomery Watson Americas, Inc. The project is the design of Segment 1, 2, and 3 of the City's 24 -inch pipeline replacement. Mr. Pemberton discussed the additional engineering services required in Amendment No. 5. The total estimate for this supplemental agreement is $49,469. * Mr. Pemberton and Gordon Bruchner are the City's project managers. Mr. Sizemore moved, seconded by Mr. Christiansen, to approve Amendment # 5. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. There being no further bus ess, the meeting was adjourned at 10:45 p.m. �L W14,04/x� /geht ian, City G%rk=Treasurer H. D`eDn�'KNMM/awell, Mayor Councilmember 1543 June 19, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of June 19, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ken Brown. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetina Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of June 5, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas Ms. Karen Marshall, Museum Director, reported on the successful "Time for Dad" Father's Day tour. Over 400 people attended the various locations selected for this fund raising activity. Ms. Marshall thanked Bill Wooding, Tom Sturgeon, Frank Orr, Bill Mitchell, Northern Marine Shipyards, and Mr. and Mrs. Tony Lovric for sponsoring tour sites. Ms. Marshall then acknowledged local businesses and individuals whose support contributed to the success of the event. Particular mention went to Mrs. Barbara Hansen of the Museum Foundation for coordinating the tour. Mrs. Robinette talked about the substantial preparation made at each site and said she looked forward to future Fathers Day Tours. Mr. Vince Oliver, Chief Executive Officer and Superintendent of Island Health Northwest (Island Hospital) addressed the Council. Mr. Oliver expressed his concern over the County's developing interest in setting aside Bayview property for hospital purposes. Mr. Oliver said there are many challenges to providing an Anacortes acute care facility and adding another medical facility would further strain those efforts. Mr. Oliver urged the Council to consider this issues when communicating with the County. :Mayor/Council Communication;-. Mayor Maxwell called Mr. Ed Capasso forward to the podium. The Mayor then read Resolution No. 1542 entitled "A Resolution Expressing Appreciation to Ed Capasso on his Retirement for his Years of Dedicated Service to the Community and all the Customers of the City of Anacortes Water System." The Resolution highlighted Mr. Capasso's nearly 30 years of dedication and commitment to protecting public health and safety With that, Mr. Rock moved, seconded by Mr. Sizemore, to adopt Resolution 1542. Vote: Ayes — Sizemore, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Mayor Maxwell then turned to the Countywide Planning Policies advisory meeting held last week. The Mayor reviewed action taken to date by this City Council and other Councils to agree to and vote on a set of County -wide Policy amendments. The County just presented a new set of amendments with action slated for Wednesday evening of this week. Mr. Ian Munce, Planning Director, provided an account of the amendment process strictly adhered by during past Planning Policy amendments. He further explained that Cities have accepted the County's proposed for the placement of 1,800 acres in the city limits and urban growth acres and 500 at Bayview. No acreage was allocated to rural Skagit County for new commercial/industrial development. While City planners expressed major reservations about this proposal, two specific conditions were presented: do not move the medical infrastructure to Bayview Ridge, and _dissolution of the Boundary Review Board. All cities concurred with this package. Last week the County announced that their Planning Commission decided that the hospital issue should be left to Board of. Commissioners processing and that the Boundary Review Board was needed. A new proposal has been sent to the cities eliminating these previously agreed to conditions. Councilmembers Christiansen, Robinette, Rock, and Sizemore spoke against the subversion of the agreed -to amendment process. Mr. Petrish suggested that due to population increases a need for a regional medical center may be needed in the future. After discussion Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Mayor to immediately communicate the City's position that this Skagit County's action is out of compliance with the Framework Agreement and the proposed Countywide Planning Policy revision package is hereby rejected. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, and Sizemore. No — Petrish. Motion carried. Movie Theater Ground Lease: Resolution Mr. Ian Munce, Planning Director, presented a Resolution and Lease Agreement for Council review and approval. The lease, between the City of Anacortes and the Piazza Family, LLC, provides promises, covenants and conditions for the lease of real estate in the Anacortes Central Business District. The lease will be signed when design and location, and land coverage issues for a community theater are finalized after Council vote. After discussion it was noted that "(approximately 7,000 square feet)" will be added to Section 1. Mrs. Robinette moved that page 9, Determination of Fair Market Value. be amended to clarify that at the time of renewal the rent will be adjusted at 10% of the appraised fair market value of the leased 1544 June 19, 2000 -- continued property as agreed to by City Council. In no event shall the rent thus established in the first renewal term be increased by more than CPI over the subsequent three renewal terms. Motion died for a lack of second. Mr. Petrish asked for the range of possibilities for the property when the lease terminates. Mr. Rock and Mr. Carlisle spoke in favor of the lease. Mr. Sizemore emphasized that the theater is a. community -driven activity. With that Mr. Sizemore moved, seconded by Mr. Carlisle to adopt Resolution No. 1543 entitled "A Resolution Authorizing a Lease Agreement by and Between the City of Anacortes and Piazza Family LLC." Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Christiansen, and Robinette. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 June 8, 2000 and June 15, 2000 are approved for payment as of this date, June 19, 2000. Council vote was unanimous. Claims Warrants Jun, 2000: Warrant Numbers 8210 through 8404 in the total amount of $781,143.91 Library Bond Ordinance and Purchase Agreement Mr. George Khtaian, Finance Director, introduced the voter -approved Library Bond Ordinance to Council for review and approval. Both Initiative 695 and the more -than anticipated raise in rates by the Federal Reserve have moved this action forward. Mr. Khtaian then introduced representatives from Foster Pepper & Shefelman PLLC and Bank of America to answer questions on the Bond Ordinance and Purchase Agreement and financial issues. After discussion, Mr. Rock moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2537 providing for the issuance of Unlimited Tax General Obligation Bonds, 2000. Vote: Ayes — Carlisle, Petrish, Sizemore, Christiansen, Robinette, and Rock. Motion carried. Mr. Sizemore then moved, seconded by Mr. Christiansen, to approve the Purchase Agreement with Bank of America Securities. Vote: Ayes — Petrish, Sizemore, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Thompson Parkwav — Authorizing Resolutions Mr. Dave Lervik, City Engineer, presented three Resolutions to Council for review and approval. The authorizing Resolutions satisfy grant application requirements stating the City's desire to seek funds for Tommy Thompson Parkway Trail Grants and grants for FY2001 ACFL Train Maintenance and Improvement Programs. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Resolution No. 1544 entitled "Tommy Thompson Parkway Trail Phase II, a resolution authorizing application for funding assistance for an Aquatic Lands Enhancement Account project to the Department of Natural Resources", Resolution No. 1545 entitled "Tommy Thompson Parkway Trail Phase II, authorizing application(s) for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 79A.15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands", and Resolution No. 1546 entitled "FY2001 ACFL Trail Maintenance Project, and FY2001 ACFL Trail Improvement Project, authorizing application(s) for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 79A.15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands." Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Hvdraulic Analvsis —10" Line (SR 20) Consultant Services Mr. Jim Pemberton, Director of Public Works, presented copies of a proposal prepared by RW Beck to evaluate the performance of the 10" pipeline running between Sharpes Corner and Deception Pass Bridge. The estimated cost of this work is $17,060 and will provide for evaluation of performance, identify deficiencies, and provide alternatives. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to proceed with a letter of understanding to get this project underway. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Swinomish Channel Waterline Repair Follow -Un Mr. Jim Pemberton, Director of Public Works, presented a Scope of Work from Reid Middleton for Professional Services for the monitoring of the City's 36" Water Transmission Line and adjacent Swinomish Channel. Shoreline erosion in the vicinity of the City's pipeline crossing necessitates this action. The proposed scope of work totals $62,500 and will include monitoring for 3 years and up through preliminary design for the associated repairs requested by the 1545 June 19, 2000 -- continued Department of Fish and Wildlife. Mr. Sizemore moved, seconded by Mr. Carlisle, to authorize the Mayor to enter into an agreement with Reid Middleton to address issues associated with the City's Water Transmission Line and the Swinomish Channel. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. Street Fair Application — Shipwreck Days Mr. Dave Lervik, City Engineer, presented a street closure request from the Chamber of Commerce for Saturday July 15, 2000, Shipwreck Days. The closure would be from 6:00 a.m. to 6:00 p.m., Commercial Avenue from 4th Street to 11th Street with 4th and 11th open for cross - traffic. Mr. Sizemore moved, seconded by Mr. Rock, to approve the street fair application based on the materials submitted by the sponsor, subject to five conditions recommended by staff. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Christiansen, and Robinette. Motion carried. Resolution: Authorizina Representative for Sianina Reports — WTP Mayor Maxwell submitted Resolution No. 1547 to Council entitled "A Resolution Authorizing Jim Pemberton as the Duly Authorized Representative of the City of Anacortes to Sign all Reports Required by the NPDES Permit Issued to the City of Anacortes" for adoption. Mr. Christiansen so moved, seconded by Mrs. Robinette. Vote: Ayes — Carlisle, Petrish, Sizemore, Christiansen, Robinette, and Rock. Motion carried. Transformer Uparade Mr. Jim Pemberton, Director of Public Works, presented a revised Engineering Services contract between the City of Anacortes and Power Systems Engineering for additional work required during the construction of the 115 kV transformer at the Water Treatment Plant. The additional task includes review of the Oil Containment System for the Sub -station. Mr. Pemberton then discussed budgetary concerns. Mr. Sizemore moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into a revised contract with Engineering Services as presented in a June 15, 2000 memorandum from the Public Works Director to Council. Vote: Ayes — Petrish, Sizemore, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Low Head Pump Replacement - WTP Mr. Jim Pemberton, Director of Public Works, presented a request to Council to award the water treatment plant intake pump replacement project bid to Seven Sisters to provide all labor, equipment, materials and related services required to replace the pump. The estimated amount of the proposed contract is $42,188.61. Mr. Christiansen so moved, seconded by Mr. Sizemore. Vote: Ayes — Sizemore, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Executive Session At approximately 10:45 the Mayor announced that the Council would convene in Executive Session to discuss a personnel issue. At approximately 11:15 the Council reconvened and without taking any further action, adjourned the meeting of June 19, 2000. Ge KhtWan, City Clerk -Treasurer H. Dean axwell, Mayor / ze- Z_ �, i`� Councilmember 1546 Special Meeting Minutes -- June 26, 2000 Mayor Maxwell called the Special Meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Nick Petrish, Terry Christiansen, Ray Sizemore, and Ken Brown. Absent: Councilmembers Jeanne Robinette and Bill Carlisle. Voucher Approval Council voted that the following vouchers/warrants audited and certified by the City's Auditoring Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on June 22, 2000 are approved for payment as. of this date, June 26, 2000. This action was taken on a motion by Mr. Christiansen and seconded by Mr. Brown. The Council vote was unanimous. Claims Warrants June, 2000: Warrants #8408 through #8510 in the amount of $167,023.16. Draw Payroll June, 2000: Warrants #16960 through #17007 in the amount of $26,330.27. Bid Award -- 4th Street Reconstruction The Council then considered bids for a 4th Street reconstruction project. Two bids had been received: Lakeside Industries in the amount of $154,426.60 and Larry Brown Construction in the amount of $177,903.05. Mr. Gordon Bruchner, representing the City Public Works Department, identified that the engineer's estimate was $179,000.00. After discussion, the Council awarded the bid to Lakeside Industries in the amount of $154,426.60. This action was taken on a motion by Mr. Brown, seconded by Mr. Petrish, and passed unanimously. The meeting adjourned at 7:45 p.m. Khan, City Clerk -Treasurer H. Dean Maxwell, Mayor Councilmember 1547 July 10, 2000 At 7:30 p.m. Mayor Maxwell called the duly advertised Special Meeting of July 10, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore, that the minutes of June 19, 2000 and June 26, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Mrs. Robinette abstained from voting on the June 26th minutes and Mr. Brown abstained from voting on the June 19th minutes. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication; .�✓:'t..'".::: '�fi. i..J� �:.^.rViO/O.O/e�d/!//tl/O/O/AO,O/ Mayor Maxwell asked Fire Chief Curtis to report on 4th of July activities. The Chief explained that 5 incidents occurred including brush and car fires. No structural damage was reported. Police Chief King said 50 fireworks related calls were received. The Chief thanked the Port of Anacortes for cooperation regarding signage. Mrs. Robinette reported that the 4th of July parade route and signage worked very well. The Mayor suggested that next year some provision might be made at intersections for handicapped parking. Consider Acceptance 1999 Sewer Replacement Project Mr. Jim Pemberton, Director of Public Works, asked that Council accept as complete the 1999 Sewer Replacement Project awarded to Harkness Contracting, Inc. The work, replacement of approximately 1,000 feet of sanitary sewer line together with reconnecting existing services, is complete and in service. Final contract work cost is $75,387.46. With that Mr. Sizemore moved, seconded by Mr. Rock, to accept the project as complete thereby initiating the 30 -day lien period. If no valid liens are filed retainage now held by the City will be released to the contractor. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle,, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 June 29, 2000 and July 6, 2000 are approved for payment as of this date, July 10, 2000. Council vote was unanimous. Claims Warrants Jul, 2000: Warrant Numbers 8514 through 8688 in the total amount of $535,684.11 Prewritten Claims c. Jun, 2000: Warrant Numbers 8204 through 8209, 7957, 7958, 8405 in the total amount of $68,059.77 Payroll Jun, 2000: Warrant Numbers 17009 through 17149 in the total amount of $335,856.28 In the same motion Council cancelled warrant numbers 7896 in the amount of $54.00 and 16954 in the amount of $1,035.00. Closed Record Meetina: 1St Baptist Church Expansion — Conditional Use Mayor Maxwell initiated the Closed Record Meeting for a Conditional Use application submitted by the 1s' Baptist Church, 2717 J Avenue, for expansion of its existing facility. Mr. Ian Munce, Planning Director, described the planning process for this and the next three agenda items. The Planning Commission held an Open Record Public Hearing on each of these 4 items, staff notified neighbors within 300 feet, and complete transcripts and all correspondence were forwarded to Council prior to the Closed Record Meeting. No appeals were filed. Based on the Council's review of the record produced from the Open Record Public Hearing the Council may or may not arrive at the same conclusion as the Planning Commission. Using overhead displays Mr. Munce pointed to the 1s' Baptist Church location and highlighted the increased sanctuary space. Even with this increased space sufficient parking exists; no letters were received from the neighbors. With the proposed pitched roof height the applicant will need a 1548 July 10, 2000 -- continued Variance from the Board of Adjustment thereby allowing for public comment on any view issues. Discussion followed regarding which homes could be impacted by the proposed building height. After discussion Mr. Brown moved, seconded by Mr. Rock, to approve the Conditional Use application subject to the conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Closed Record Meetina: Duplex at 25th Street and "D" Avenue — Conditional Use Mr. Brown stepped down from deliberation on this matter. Mayor Maxwell initiated the Closed Record Meeting for a Conditional Use application submitted by Bahman and Dana Sadighmehr to construct a duplex generally located at 25th Street and "D" Avenue in the R 2 zone. All Open Record materials including application and attachments, complete transcripts, and letters from neighbors were forwarded to Council. The Planning Commission recommended approval subject to nine conditions including a condition requiring the developer to execute an agreement not to oppose formation of an LID for street and utility improvements. No appeals were filed. Mr. Ian Munce, Planning Director, used an overhead to show the property location adjacent to the Creekside Planned Unit Development. He also pointed out that access to the site is a well - packed gravel surface. Any drainage improvements will be closely reviewed as part of the Building Permit application process. After discussion Mr. Petrish moved, seconded by Mr. Sizemore, to approve the Conditional Use application subject to the conditions outlined in the Findings of Fact and Conclusions of Law. Mr. Rock emphasized the need for the Building Department to review drainage in this area, and Mr. Carlisle shared his opinion of the one Open Record Public Hearing process. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. Mr. Brown returned to the Council Chambers. Closed Record Meetina: Hiahwav Sian — Sevieri & Co. — Lindal Homes Plannina Commission Recommendation and Anneal Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use Permit application submitted by Sevieri & Co. to add a 4' x 4' Lindal Homes pole sign to existing signage. Mr. Petrish first asked why the Council was making decisions on Highway 20 signage without zoning sign standards for this area. Mr. Ian Munce, Planning Director, explained that during the annexation process businesses along Highway 20 were concerned they would have to stop remodeling or expanding until new standards were adopted. The Council decided as a policy matter to allow applications through the Conditional Use process until new standards were in place. Additionally, these initial highway sign applications have provided the review experience necessary to develop comprehensive standards. Mr. Munce then presented an overhead showing the business location. Council recently approved a sign for Sevieri but in order to maintain their Lindal Cedar Home franchise an additional 4 x 4 pole sign is required. The appellant, Ross Barnes, 13695 Harbor Lane, suggested that further deliberation be conducted on the landscaping plan for Highway 20 contained in the Transportation Plan. Mr. Barnes then read from the Transportation Plan with the recommended language that the Highway 20 corridor will be planted with two rows of trees that would screen the businesses on the other side. This applicant should know whether the sign they're seeking approval for would be obscured in a few years. He concluded with the proposal that the approval of this sign does not carry a guarantee of future viewability of the sign. After discussion, Mr. Christiansen moved, seconded by Mr. Brown, to deny the appeal and to approve the Conditional Use application for a 4 x 4 Lindal Home sign at 8327 Summit Park Road. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Closed Record Meetina: Hiahwav Sian — AutoDlex — Hiahwav 20 Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use application submitted by Frontier Ford Sales for a 75' highway sign at 12610 Thompson Road. Mr. Ian Munce, Planning Director, characterized the City's proposed landscaping ordinance as the responsible approach to initiate dialogue at the July 24th Study Session. In particular, the proposed standards call for screening for some uses, low-lying plants for others and shrubs at intersections. Mr. Munce then turned to the Frontier Ford application to install a 75' auto mall sign including a projection screen with the capability of running continual changing messages. The Planning Commission reviewed this proposal in an Open Record Public Hearing and voted to recommend that this same sign be approved but reduced to 50' in height. The Commission also recommended that the projection screen run the same message for a 24-hour period. The owner also testified that he would work with the community to use the screen to advertise community events; he also asked if this sign presentation was unacceptable to let him know what would be. Discussion followed regarding the name, size, and appearance of the sign. Mrs. Robinette spoke in favor of the Planning Commission recommendation, but suggested that the sign be the same size as the recently approved Birch Equipment sign. Mr. Brown pointed out that the sign could be distracting if it was positioned too low. After discussion Mr. Carlisle 1549 July 10, 2000 -- continued moved, seconded by Mr. Petrish, to table this matter until sign standards are in place. Vote; Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, and Rock. No — Robinette. Motion carried. Anacortes School District I.A.C. Grant — Authorizina Resolution Mr. Jim Pemberton, Director of Public Works, presented a Resolution to Council that would authorize the application for funding assistance for a IACNouth Athletic Facilities project for the construction of bleachers at one of the baseball fields at Alton Daniels Field. Mr. Rock moved, seconded by Mr. Carlisle, to adopt Resolution No. 1548. Vote; Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Restructuring of Citv Attornev's Office Mayor Maxwell presented a restructuring proposal for the City Attorney and Planning Director positions with the City. Mr. Christiansen moved, seconded by Mr. Sizemore, to confirm Mr. Ian Munce, as the Planning Director and City Attorney for the City of Anacortes with a salary of $86,000. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Mr. Brown moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into an agreement with Mr. Stephen Mansfield to provide prosecution services and in consideration of these services to be compensated in the amount of $36,000. Discussion followed regarding contract length. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Access Agreement: Frontier Chevrolet -Pontiac Mr. Ian Munce, Planning Director, presented an agreement to Council for review and approval. The agreement, between the City of Anacortes and Frontier Chevrolet -Pontiac, communicates the anticipated construction schedule and related impacts regarding the installation of he March Point Sewer Improvements on the easement across the property to the south of Sharpe's Corner (car lot). Mr. Munce thanked Mr. Sizemore and Mr. Christiansen for their leadership during the agreement negotiations. After discussion of the construction schedule and penalties should the construction run past 10 days, Mr. Sizemore moved, seconded by Mr., Christiansen, to ratify this agreement. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Mr. Petrish suggested a computer graphic exhibit be prepared showing Highway 20 signage, video/narratives be prepared, or a Skagit County bus tour of existing signs be organized. There being no further business, at approximately 9:30 p.m. the meeting was adjourned. Ge Kht ' n, City C14rk-Treasurer H. Dean Maxwell, Mayor f Councilmember 1550 July 17, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of July 17, 2000 to order. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Nick Petrish. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Christiansen moved, seconded by Mr. Sizemore, that the minutes of July 10, 2000 be approved as if read. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication. Mr. Christiansen asked for an update on a proposed field trip to review County highway signs. Mr. Ian Munce, Planning Director, reported the most favorable alternative would be to hire a bus so that Council, Planning Commission, and members of the public could conduct such a tour. Additionally, Mr. Munce suggested that Mr. Gordon Erickson accompany them to make use of his expertise in interpreting sign size and design characteristics. Mr. Erickson will volunteer his time for this activity. Council directed that those arrangements be made. Mrs. Robinette then referred to Council action previously taken to table action on a highway sign permit application until adoption of new sign standards. Mr. Munce explained that the Sign Ordinance revisions would not be available for adoption until November/December. Mr. Christiansen said he would bring this matter up for reconsideration. Mr. Brown offered a video for Mr. Erickson to use to help with sign identification. Consider Acceotina Washinaton Park Loop Road Overlay Mr. Jim Pemberton, Director of Public Works, asked that Council accept the Washington Park Loop Road Overlay project as complete. The work was done by Lakeside Industries in the amount of $55,766.46. The road is in full use. Mr. Carlisle moved, seconded by Mr. Sizemore, to accept the Washington Park Loop Road Overlay project as complete thereby initiating the 30 - day lien period. If no valid liens are filed the retainage now held by the City will be returned to the contractor. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Sizemore. Motion carried. Reconsider Vote: Conditional Use Application — Adtoplex Hiqhwav Siqn In light of the comp plan/zoning code amendment review and approval process still underway, Mr. Christiansen suggested that the previous Council vote to table the Autoplex Highway sign application until after amendment adoption could prove to be unduly restrictive..to the applicant. With that, Mr. Christiansen moved, seconded by Mr. Sizemore to reconsider'1his vote. Vote: Ayes — Christiansen, Robinette, Rock, Sizemore, and Brown. No — Carlisle. Motion carried. Mr. Christiansen then moved, seconded by Mr. Sizemore that the matter be tabled. Vote: Ayes — Robinette, Carlisle, Sizemore, Brown, and Christiansen. No — Rock. Motion carried. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Rock, Carlisle, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 j Committee on July 13, 2000 are approved for payment as of this date, July 17, 2000. Council vote was unanimous. Claims Warrants Jul, 2000: Warrant Numbers 8689 through 8849 in the total amount of $1,213,404.04 Mr. Robinette moved, seconded by Mr. Sizemore, to adopt Findings of Fact and Conclusions of Law for the 25th Street Duplex Conditional Use. Vote: Ayes — Carlisle, Sizemore, Christiansen, Robinette, and Rock. Abstain. Brown. Motion carried. Mr. Sizemore moved, seconded by Rock, to approve the Findings of Fact and Conclusions of Law for the 1s' Baptist Church Conditional Use Permit. Vote: Ayes — Carlisle, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Twin Bridae Marina: Possible Water Line Bvpass Mr. Jim Pemberton, Director of Public Works, initiated the discussion on the feasibility/practicality of bypassing that section of the 36" pipeline currently located on an 1551 July 17, 2000 - continued easement that crosses the Twin Bridges Marina site east of the Swinomish Slough. While litigation continues the City will seek a solution to the potentially compromised waterline. Using an overhead display, Mr. Pemberton pointed out the dredged berthing site and building configuration proposed in 1975; he then replaced the overhead with a recent photo showing the significantly different building configuration from the original. Line replacement costs are estimated at $560,000. Issues of concern are lateral displacement of the pipeline, with an additional critical zone of influence at the dredged salt -water site, corrosive action on the pipe, and risk of potential damage to new structures. Mr. Pemberton then referred to the Montgomery Watson draft 'Investigation of Existing Waterline on the Kenneth Youngsman/Marine Construction and Dredging, Inc. Property'. With regard to consumer costs, Mr. Pemberton pointed out that incorporating the bypass costs in the third year of the rate period could avoid a significant impact. Also proposed is the tie-in of the replacement work with the bigger construction project. Discussion followed. The Planning Director, Mr. Ian Munce pointed out that as the City resolves with the County and applicants the permit issues that led to litigation and settlement for cost recovery, the decision to bypass the line is most important at this time. The integrity of the line is in jeopardy. Mr. Sizemore then referenced letters from the refineries and Whidbey Island Navel Air Base discussing the impact to their industries and customers due to a loss of water. Mr. Paul Taylor, attorney for Twin Bridge Marine Park, offered his phone number should the City wish to meet with him on resolution of this issue. Mayor Maxwell clarified that such an open invitation to negotiate has not always existed. With regard to these issues Mr. Munce characterized negotiation positions as being very far apart. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to authorize staff to move forward with the bypass and including the relocation project in the Capital Facilities Plan. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, and Rock. No — Carlisle. Motion carried. Tommv Thompson Parkwav Master Plan/Feasibility Studv Mr: Gary Robinson, Director of Parks and Recreation, presented the following: (1) overview of the process to develop the draft, (2) findings of the draft, and (3) presentation on each corridor of the plan. Mr. Robinson would then look to Council for future direction. He then suggested that sharing a trail and narrow gauge train within the corridor is feasible. On most of the corridor the track and ties need to be removed and replaced on one side; trail should be 12' wide paved path of varying shoulder widths and varying buffers between the trail and different areas of the corridor. Each section of the trail had special circumstances and Mr. Robinson reviewed those. He also clarified costs for installation of tracks and ties. Mrs. Robinette said she thought it was a valuable study. Council agreed to schedule the Master Plan on a Study Session agenda. Mr. Richard Stockwell, co-chairman of the Train Committee, reported on building passenger cars and the acquisition of railcars. At approximately 8:40 p.m. Mayor Maxwell announced that this meeting would be continued to Monday, July 24, 2000 for the movie theater design and location discussion. Geor, Kht ian, City Clerk -Treasurer H. Dean or V E Councilmemberi 1552 July 24, 2000 (Continued meeting of July 17, 2000) At 7:30 p.m. on July 24, 2000 Mayor Maxwell reconvened the continued meeting of July 17, 2000. Roll call found present: Bill Carlisle, Nick Petrish, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Ray Sizemore. Theater Desian/Location Mr. Ian Munce, Planning Director, presented the 1s` agenda item, the proposed location for a movie theater on the downtown City parking lot just off of "O" Avenue between 4`h and 5`h Streets. There are approximately 90 spaces on the lot at present and Council reviewed a proposal from Piazza Construction and Mr. Steve Lange for the use of 20 spaces for a 7,000 square foot theater building and then approved a lease with an opening date scheduled for next spring. A condition of the lease states that the Council will review and approve the building design and location of the theater on the lot. Council has before them a schematic showing design and potential location on the lot. If approved, final financial arrangements will be completed with a lease execution date tentatively scheduled for August 15`h. Mr. Munce then presented an overhead display. The lease advisory committee recommends the configuration now before Council; however, Committee member Mr. Jack Mayer has recommended stadium style seating with tiers; the applicants have proposed sloped seating that would meet ADA standards. Mr. Munce then pointed out the design characteristics including commercial -grade siding, and handicap access. Mr. Munce also confirmed that the City will be meeting with the Soropotomist and Kiwanis service clubs to discuss landscaping alternatives. In conclusion, the new seats will be 44" wide, spaced to allow for more legroom, with a rocking chair style and sloped layout. In response to a question from Mr. Rock, Mr. Munce confirmed that the City will be working to secure additional downtown parking. At the conclusion of the discussion Mr. Christiansen moved, seconded by Mr. Brown, to approve the theater design and location. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Update: Kids are Best Fest Ms. Jen Burbidge, Recreation Manager, reported on this year's Kids are Best Fest, a Parks Department sponsored community -wide activity emphasizing the importance of children and their contribution to our city. Held on Saturday, July 8`h at Storvik Park, over 2,400 people attended. Ms. Burbidge then described the specific events. In particular, she thanked: the planning committee members and the sponsors, (Fidalgo Pool and Fitness Center, KLKI), private contributors, and the efforts of many volunteers and Municipal departments. All were united to provide a free, fun event for children of all ages. Mr. Christiansen confirmed the success of the activity. At approximately 8:00 p.m. Mayor Maxwell adjourned the continued meeting of July 17, 2000. X — Geor ?taia,City Clerk -Treasurer H. Dean Maxwell, Mayor (l1 nember 1553 August 7, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of August 7, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of July 17, 2000 be approved as if read. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Abstain: Mr. Petrish. Motion carried. Citizen Hearinqs Mr. Tim Crosby introduced himself as the returning General Manager of Waste Management, Skagit County. Mr. Crosby said that he was looking forward to working with the City of Anacortes again and distributed his business card to Council. Mayor/Council Communications Mayor Maxwell then introduced representatives from our Sister City, Kisakata, Japan. Mayor Iwao Kon spoke to the Mayor, Council, and audience expressing his sincere appreciation to the citizens of Anacortes for the warm-hearted kindness and friendship extended to the Kisakata representatives. Sixteen middle school students, 5 adults, and 15 taiko drummers visited during this summer's program. The taiko drummers performed at both Brodniak Hall and at the Anacortes Arts Festival. Mayor Kon said he felt that the relationship between the United States and Japan has become stronger through these types of exchanges. The Mayor invited adults as well as school children to visit Kisakata in the future. Mr. Dan Chirillo, English language teacher in Kisakata translated the Mayor's remarks. Mayor Maxwell replied that our joint efforts to become global citizens will last far into the future. Referencing the famous Japanese poet Basho, Mayor Maxwell said we are walking the path of friendship and peace. Mrs. Yuki Mattson translated for the Mayor. The presentation concluded with the 16 visiting Kisakata middle school students singing "Bye Bye Bus". Mayor Maxwell announced that there will be a 15 -minute Executive Session at the end of this meeting to discuss the Year 2000 Police Guild Contract. The Council may reconvene at the end of the Executive Session to take action. Additionally, this meeting will be continued first to Tuesday, August 8, 2000 at 3:00 p.m. for the purpose of a review tour of highway signs in the region. At the conclusion of the tour the meeting will be continued to August 14, 2000 at 7:30 p.m. Mrs. Robinette asked that T -Model provide an analysis d the new Commercial Avenue configuration. Mr. Petrish asked for a follow-up on caution signs for the Skate Board Park. Mayor Maxwell responded that the Engineering Department is working on this. Mr. Brown reported that he had received calls from his ward members on the proposed installation of speed bumps at 38`h Street. Again, Mayor Maxwell said that the Engineering Department is working on this: Mr. Christiansen ,announced that Mrs. Robinette has been appointed as replacement for Mr. Carlisle on the Council Finance Committee. Accept Clvde River Outfall Proiect — Callen Construction Mr. Jim Pemberton, submitted a request to Council to accept the River Clyde Storm Outfall project as complete. The project contract was awarded to Callen Construction in the amount of $124,098.70. The work is complete except for the outfall work on Burrows Bay. That particular portion of the project will be resolicited as a small works roster project. With that Mr. Christiansen moved, seconded by Mr. Carlisle, to accept the project as complete thereby initiating the 30 -day lien period. If no valid liens are filed retainage now held by the City will be returned to the contractor. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle and Petrish. Motion carried. Van Buren Easement: Next Stens Mayor Maxwell introduced the Stuart and Colleen Van Buren request for Council approval to allow a easement through ACFL to access their property off of Heart Lake Road. The matter has been reviewe by Council in Study Session and a site visit was conducted. Mr. Gary Robinson, Director of Parks an Recreation, referenced a packet of information now before Council summarizing the history of this easement request. Mrs. Robinette suggested Council form City policy granting one shared access to the two parcels in questions; she also suggested walking the potential shared access. The original proposal by the Forest Board involved single route crossing ACFL property onto the Diller property and. then accessing the Van Buren property. On a question from Mr. Christiansen, the City Attorney, Mr. Ian Munce, explained that should the City refuse to grant an easement the parties involved could go to Superior Court to request a court order directing the City to provide such an easement or in the alternative to require a separate party to grant an easement. Mr. Munce then explained the breadth of Superior Court discretion on imposition of an easement should the parties not come to an agreement. Mr. Petrish emphasized Council's mandate to protect the forestlands; he also suggested a skid road with horse teams for accommodate logging of the property and future development. Mr. Brown strongly suggested that the City provide the access for the Van Burens. The City Attorney clarified that there are two independent easement claims from the Van 1554 August 7, 2000 - continued Burens and the Dillers. After discussion Mr. Sizemore moved, seconded by Mr. ;Christiansen, to deny the easement request. Mrs. Robinette again suggested that before making a decision Council walk the route that the Forest Board recommended to determine reasonable shared access. Mr. Petrish spoke against the motion and spoke again to allow Van Buren's access to log their property using horses and skids to minimize damage to the Forestlands. Should they decide to build in the future they could come back to Council to discuss access. Mrs. Robinette spoke against the motion suggesting that this issue should be decided at the community level. Mr. Brown spoke in favor of granting the easement. Mr. Bob Vaux, Forestlands Manager, explained that there is no specific location language contained in the Diller easement. Vote: Christiansen, Carlisle, and Sizemore. No — Brown, Robinette, Rock, and Petrish. Motion failed. Mr. Stuart Van Buren then answered questions from Mr. Petrish about a logging access only. Mr. Van Buren characterized Mr. Diller's position with regard to communication with the City. Further discussion followed on each party's position on this matter. Mr. Munce offered that if Council wished to table this matter he will be meeting with Mr. Diller on another matter and could confirm Mr. Diller's position on the access. Mrs. Robinette moved that, in order for the Council to provide for a single, shared access, request that first a route be mapped by the Forest Board with a site visit to follow. Motion died for lack of a second. Mr. Petrish moved, seconded by Mr. Carlisle to table this matter for two weeks. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Ordinance — Amendina Capital Facilities Plan: Twin Bridae/Waterline Bvnass Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to Council amending the Capital Facilities Plan to reflect action previously taken by Council to reroute a section of the 36" waterline adjacent to the recently constructed Twin Bridge Marina project. Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2538. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Ordinance: Authorizina Condemnation 24" Pipeline Replacement Mr. Jim Pemberton, Director of Public Works, presented an Ordinance to Council authorizing a condemnation action for property necessary for the construction of Segment 1 of the City's 24" water pipeline replacement project. The City is seeking fee title to the properties needed to complete the project rather than utility easements. Previous negotiations with the property owners have been unsuccessful. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2539. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen and Robinette. Motion carried. Acceptance of Improvements: Carnegie Buildinq Restoration Proiect Ms. Karen Marshall, Museum Director, reported to Council that the first phase of the Carnegie Building Exterior Restoration Project is complete. RDS Construction performed the work. Ms. Marshall thanked Mr. Don Measamer of the Building Department for his expertise in building and construction. The report concluded with a description of the two project change orders. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to accept the project as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed the retainage now held by the City will be released to the contractor. Mrs. Robinette complimented Ms. Marshall on the colors of the building and asked to discuss potential need for tuckpointing. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock., Motion carried. ' Consent Aqenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 July 20, 2000, July 27, 2000 and August 3, 2000 are approved for payment as of this date, August 7, 2000. Council vote was unanimous. Claims Warrants July, 2000: Warrant Numbers 8856 through 9146 in the total amount of $763,038.69 Prewritten Claims July, 2000: Warrant Numbers 8406, 8407, 8511, 8512, and 8513 in the total amount of $14,194.32 Payroll July, 2000; Warrant Numbers 17198 through 17336 in the total amount of $295,642.02 Draw Pavroll July, 2000 Warrant Numbers 17150 through 17197 in the total amount of $26,656.92 1555 �,tLv muus�riai carr, Lease/Uption to Purchase: Andrews Mr. Christiansen stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, used an overhead display to show the remaining Industrial Park area for sale and the street and utility improvements to the Park. A Lease/Option to Purchase Agreement is now before Council for review and approval on one of the available parcels. The preparatory work for this sale, including road alignment adjustment, financial terms, legal documents, and final route selection have been accomplished. The lease arrangement with Joseph and Jennifer Andrews includes $5.00/sq foot purchase option. Mr. Brown asked that the date in Item 4 of the Lease should read August 1, 2000. Mr. Sizemore moved, seconded by Mr. Brown, to authorized the Mayor to enter into a Lease/Option Agreement with Joseph and Jennifer Andrews for Lot 3A West of New Street in the City of Anacortes Industrial Park. Vote: Ayes — Sizemore, Brown, Robinette, Rock, Carlisle, and Petrish. Motion carried. Mr. Christiansen returned to the Council Chambers. Amendment # 6 to Contract with Montaomerv-Watson/New 36" Waterline Mr. Jim Pemberton, Director of Public Works, presented Amendment # 6 to the Agreement for Engineering Services with Montgomery Watson for the revision of Segment 1 Contract Documents to include an additional section of pipeline to allow for the abandonment of the existing 36 -inch water pipeline within the Youngsman property. Additionally Montgomery -Watson will assist the City and Foster Pepper & Shefelman in efforts to acquire easements or rights-of-way. Mr. Pemberton provided a detailed explanation of the waterline replacement route. After discussion Mr. Christiansen moved, seconded by Mr. Brown, that Amendment # 6 to the Montgomery Watson contract for waterline replacement project be executed and Montgomery Watson be authorized to proceed. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Mr. Sizemore. Motion carried. 2000 Street Improvement Proiects: Update Mr. Dave Lervik, City Engineer, presented the selected streets for this year's Overlay and Street Repair program. By way of background Mr. Lervik explained the street selection process, including pavement condition rating, functional class, decay characteristics, maintenance activity, and project clustering. The high ranking streets are "O" Avenue, 22nd to 141h Streets; MacBeth/Elgin; "D" Avenue, 21s' vicinity; 22nd Street, Commercial to "M" Avenue; and 8"' Street, "F" Avenue to "L" Avenue. Discussion followed including a suggestion by Mr. Brown to evaluate "K" Avenue south from 8th Street. Aareement for Services: Leonard. Boudinot & Skod ie. Inc. — Library Proiect Survev Mr. Jim Pemberton, Director of Public Works, presented an agreement with Leonard & Boudinot to provide a boundary and topographic survey at the Library.,;.The estimated cost for this job is $6,500.00. Mr. Sizemore moved, seconded by Mr. Christiansen, that: the agreement be executed and Leonard & Boudinot be authorized to proceed. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Executive Session At 9:30 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss the Year 2000 Police Guild Contract. At approximately 9:45 p.m. the Mayor reconvened the meeting. Mayor Maxwell recommended that the City Council approve the following wage and benefit adjustment for the year 2000 for the Anacortes Police Guild: (1) a wage increase of 3.5% for all Guild members and (2) retention of the same benefit cap but shifting coverage from Group Health to the Association of Washington Cities program. After discussion, Mr. Brown moved, seconded by Mr. Rock, to accept this proposal. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. At approximately 9:50 p.m. the meeting was continued to August 8, 2000 at 3:00 p.m. for a highway sign site visit. 4 4ZZ1_.1 George aian,ity C�ierk-Treasurer H. Dean Maxwell, Mayor Councilmember 1556 August 14, 2000 (Continued meeting of August 7, 2000) At 7:30 p.m. on August 14, 2000 Mayor Maxwell reconvened the continued meeting of August 7, 2000. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Bud Rock. Absent: Jeanne Robinette. Manor's Award Ceremonv: Library Summer Readinq Proqram Mayor Maxwell invited Ms. Rae Kozloff, Assistant Director for Children's Services and Community Programs, to introduce the recipients of the Mayor's Award for the Library Summer Reading Program. Ms. Kozloff announced the Channel 10 broadcast schedule of the Award Ceremony, and then invited the audience to attend the August 15, 2000 public forum for the new library. Ms. Kozloff also explained that due to library construction the format for next year's summer reading program might be changed. 132 students, ages 5-13 qualified for this year's Mayor's Award. Funding is provided by the Friends of the Library together with donations of their time and energy as well. Additionally, Mr. Brant Wiedemann of the Anacortes Fidalgo Island Rotary Club presented the Club's 2" donation for the purchase of books to be awarded as prizes. With that, Ms. Kozloff called the names of the award winners who then came forward to shake the Mayor's hand and to receive their award. A group photo concluded the ceremony. Consider Bids for Re-coatina: Three Million and Two Million Gallon Water Tanks Mr. Jim Pemberton, Director of Public Works, presented the bid results for the re -coating of the exteriors of the 2 and 3 million gallon water tanks. Eight bids were received with the lowest bid from Jones Painting, Tacoma, in the amount of $46,292.00 (sales tax not included). Mr. Brown moved, seconded by Mr. Sizemore, to accept the low bid from Jones Painting. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, and Rock. Motion carried. Skaait Vallev Auto Mall Hiqhwav Sian Mr. Brown referring to his August 9, 2000 memoranOum to the Council, moved to raise the Skagit Valley Auto Mall highway sign conditional use permit application from the table. Mr. Christiansen seconded the motion. Vote: Ayes – Petrish, Sizemore, Brown, Christiansen, Rock, and Carlisle. Motion carried. Mr. Brown then recapped the revised sign application from Skagit Valley Auto: Mall reducing the height from 75' to 60' and changing the video display to a message center with 24 characters. Having reviewed other signs in the County with the Council, Mr. Brown moved, seconded by Mr. Christiansen, to approve the Conditional Use Permit for Skagit Valley Mall for a 60' highway sign with message center at 12610 Thompson Road. Mr. Petrish said he would prefer 45' sign height, and the scale of the proposed sign was not in keeping with the environment. He asked if there would be two auto signs at this location —1 for the Ford dealership and one for the Auto Mall. The Planning Director, Mr. Ian Munce, answered that there are two separate businesses with same owner; the Auto Mall sign will be for one of the two businesses. In conclusion, Mr. Petrish suggested that until highway sign standards are in place that a smaller sign would be more appropriate. Mr. Rock made a reference to the differences between 1-5 and the Highway 20 corridor and expressed concerned over the size of the proposed sign. Mr. Christiansen spoke in favor of the sign. Vote: Ayes – Sizemore, Brown, Christiansen, and Carlisle. No – Rock, Petrish. Motion carried. Mr. Petrish asked to be provided with the sign square footage calculations. W.T. Preston: Foredeck Improvements Mr. Garry Cline, Museum Curator, approval for a foredeck railing and hoist cab floor replacement at the W.T. Preston. Mr. Cline recommends that Council award the projects to Dakota Creek Industries in the amounts of $7,050 for the railing and $2,960 for the cab floor work. The Mayor reported that Dakota Creek has already removed the boom at the Preston. With that, Mr. Sizemore moved, seconded by Mr. Rock, to accept the Dakota Creek Industries proposal. Vote: Ayes – Brown, Christiansen, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Mayor Maxwell then announced that Mr. Cline will be the Acting Museum Director as of September 1, 2000. At approximately 8:30 p.m. Mayor Maxwell adjourned the continued meeting of August 7, 2000. i�L� Ge a Khtai6n, City Cler -Treasurer H. Dean Maxwell Councilmember 1557 August 14, 2000 (Continued meeting of August 7, 2000) At 7:30 p.m. on August 14, 2000 Mayor Maxwell reconvened the continued meeting of August 7, 2000. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Bud Rock. Absent: Jeanne Robinette. Mavor's Award Ceremonv: Library Summer Readina_ Proaram Mayor Maxwell invited Ms. Rae Kozloff, Assistant Director for Children's Services and Community Programs, to introduce the recipients of the Mayor's Award for the Library Summer Reading Program. Ms. Kozloff announced the Channel 10 broadcast schedule of the Award Ceremony, and then invited the audience to attend the August 15, 2000 public forum for the new library. Ms. Kozloff also explained that due to library construction the format for next year's summer reading program might be changed. 132 students, ages 5-13 qualified for this year's Mayor's Award. Funding is provided by the Friends of the Library together with donations of their time and energy as well. Additionally, Mr. Brant Wiedemann of the Anacortes Fidalgo Island Rotary Club presented the Club's 2" donation for the purchase of books to be awarded as prizes. With that, Ms. Kozloff called the names of the award winners who then came forward to shake the Mayor's hand and to receive their award. A group photo concluded the ceremony. Consider Bids for Re-coatina: Three Million and Two Million Gallon Water Tanks Mr. Jim Pemberton, Director of Public Works, presented the bid results for the re -coating of the exteriors of the 2 and 3 million gallon water tanks. Eight bids were received with the lowest bid from Jones Painting, Tacoma, in the amount of $46,292.00 (sales tax not included). Mr. Brown moved, seconded by Mr. Sizemore, to accept the low bid from Jones Painting. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, and Rock. Motion carried. Skagit Vallev Auto Mall Hiahwav Sian Mr. Brown referring to his August 9, 2000 memorandum to the Council, moved to raise the Skagit Valley Auto Mall highway sign conditional use permit application from the table. Mr. Christiansen seconded the motion. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Rock, and Carlisle. Motion carried. Mr. Brown then recapped the revised sign application from Skagit Valley Auto Mall reducing the height from 75' to 60' and changing the video display to a message center with 24 characters. Having reviewed other signs in the County with the Council, Mr. Brown moved, seconded by Mr. Christiansen, to approve the Conditional Use Permit for Skagit Valley Mall for a 60' highway sign with message center at 12610 Thompson Road. Mr. Petrish said he would prefer 45' sign height, and the scale of the proposed sign was not in keeping with the environment. He asked if there would be two auto signs at this location —1 for the Ford dealership and one for the Auto Mall. The Planning Director, Mr. Ian Munce, answered that there are two separate businesses with same owner; the Auto Mall sign will be for one of the two businesses. In conclusion, Mr. Petrish suggested that until highway sign standards are in place that a smaller sign would be more appropriate. Mr. Rock made a reference to the differences between 1-5 and the Highway 20 corridor and expressed concerned over the size of the proposed sign. Mr. Christiansen spoke in favor of the sign. Vote: Ayes – Sizemore, Brown, Christiansen, and Carlisle. No – Rock, Petrish. Motion carried. Mr. Petrish asked to be provided with the sign square footage calculations. W.T. Preston: Foredeck Improvements Mr. Garry Cline, Museum Curator, approval for a foredeck railing and hoist cab floor replacement at the W.T. Preston. Mr. Cline recommends that Council award the projects to Dakota Creek Industries in the amounts of $7,050 for the railing and $2,960 for the cab floor work. The Mayor reported that Dakota Creek has already removed the boom at the Preston. With that, Mr. Sizemore moved, seconded by Mr. Rock, to accept the Dakota Creek Industries proposal. Vote: Ayes — Brown, Christiansen, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Mayor Maxwell then announced that Mr. Cline will be the Acting Museum Director as of September 1, 2000. At approximately 8:30 p.m. Mayor Maxwell adjourned the continued meeting of August 7, 2000. Geo Khtai n, City Clerk -Treasurer Councilmember 1558 August 21, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of August 21, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of July 24, 2000, August 7, 2000, August 14, 2000, and the corrected minutes of July 17, 2000 be approved as if read. Mrs. Robinette abstained from voting on the minutes of August 14th. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication¢ Mayor Maxwell then read a Proclamation in support of the Anacortes School District Character Education program to be included in the K-12 School Curriculum. Specifically, the character attributes of responsibility, courage, loyalty, justice, respect, hope, honesty, and love will be emphasized. The Mayor then introduced members of the community and school staff working on the Character Education project: Dr. Tom Marrs, Anacortes School District Superintendent, Dr. Don Brannam, Instruction and Cirruculum Director, Ms. Pat Wood, author of the Heartwood Curriculum, and instructors Charlotte and Rachel Spada. Dr. Brannam presented a list to Mayor and Council of those people who worked on the Proclamation together with school district calendars for 2000/2001. The calendars introduce a new and positive character trait each month. He concluded with outlining ideas to promote character education in Anacortes. Mrs. Robinette and other Councilmembers thanked the School District for this effort. Mayor Maxwell then turned to a letter from Mr. Doug Campbell regarding adult family homes. Mayor Maxwell responded to the letter and explained that due to recent legislation local jurisdictions have been preempted when it comes to planning and zoning for Adult Family Homes. Resolution/Contract Amendment: Year 2000. Anacortes Police Guild Mayor Maxwell introduced a Resolution to Council that would amend the Bargaining Agreement between the City and the Anacortes Police Services Guild for those agreement items open for discussion in the year 2000. The Council previously reviewed the Contract in Executive Session. With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Resolution No. 1550. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Architectural Contracts (2) Library Proiect Mr. Jim Pemberton, Director of Public Works, presented a draft contract for architectural services for the Anacortes Public Library with Cardwell/Thomas & Associates, architects. An amendment and extension to the September 3, 1998 agreement between the City of Anacortes and David Smith, consulting librarian accompanies the contract. The total Cardwell Thomas costs are $596,652; the amendment to the Smith contract provides for his continued involvement to review the design process. On a question from Mrs. Robinette, Mr. Pemberton described the level of detailed staff analysis of the contracts. Discussion followed regarding equipment and furniture costs and community involvement in the decision-making process. Following discussion Mr. Carlisle moved, seconded by Mr. Petrish, to authorize the Mayor to approve the addendum and extension to the agreement between the City and David Smith, Consulting Librarian, and to enter into an agreement with Cardwell/Thomas & Associates for the architectural services for the Anacortes Public Library. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Ordinance — Vacatinq a Portion of 22nd Street at "C" Avenue Mr. Ian Munce, Planning Director, presented an Ordinance to Council reflecting action previously taken to vacate a portion of 22nd Street lying between Blocks 213 and 214 of the Original Anacortes Addition. - The applicant is rededicating property to the City as part of the proposed cul-de-sac configuration at the west end of 22" Street at "B" Avenue. Additionally, compensation is required. Mr. Brown moved, seconded by Mr. Rock, to adopt Ordinance No. 2540. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Ordinance: Desiqnatinq Truck Routes Mr. Ian Munce, City Attorney, presented an Ordinance reflecting Council direction to add four new designated truck routes within the City of Anacortes: (15). Anacopper Mine Road from Oakes Avenue to the Airport entrance, (16) Sunset Avenue, (17) Skyline Way, (18) 4th Street 1559 August 21, 2000 - continued between "M" Avenue and "U" Avenue. Mr. Brown recommended the addition of 6th Street. Mr. Carlisle discussed the use of Anacopper Mine Road for trucks rather than Hartford. With that, Mr. Carlisle moved, seconded by Mr. Rock, to adopt Ordinance No. 2541 designating 18 truck routes within the City of Anacortes. After further discussion Mr. Rock moved, seconded by Mr. Carlisle, to amend the motion to add the 19'h route, 6'h Street between Commercial Avenue and the Guemes ferry landing. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Vote on the amended main motion: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Tommv Thomason Parkwav Master Plan: Report Mr. Gary Robinson, Director of Parks and Recreation, presented an August 15, 2000 memorandum together with a copy of the Tommy Thompson Parkway Master Plan/Feasibility Study previously reviewed by Council in Study Session. Mr. Robinson emphasized that the plan now before them establishes basic guidelines only for the development of the multi -use pathway and narrow gauge train corridor. As the corridor develops each segment will present a need for more detailed planning and development. With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt the Tommy Thompson Parkway Master Plan/Feasibility Study. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. ConsentAaenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 10, 2000 and August 17, 2000 are approved for payment as of this date, August 21, 2000. Council vote was unanimous. Claims Warrants Aug, 2000: Warrant Numbers 9147 through 9374 in the total amount of $890,825.45 Draw Pavroll Aug, 2000 Warrant Numbers 17338 through 17388 in the total amount of $28,706.92 Council also cancelled warrant number 17332 in the amount of $1,035.00, and Adopted Resolution No. 1549 setting September 18, 2000 as the Public Hearing date to review a petition to vacate a portion of Pacific Avenue. Whidbev Roostertail Racina Reauest/Heart Lake Mr. Bob Vaux, Forestlands Manager, presented a request from Bart Lovric, President of the Whidbey Roostertail Racing Club for the use of Heart Lake on September 9'h and 10'h and October 14'h and 15'h. Mr. Vaux reported that the request has been reviewed by the Forest Board and approved unanimously. With that, Mr. Brown moved, seconded by Mr. Carlisle, to approve the request. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Street Closure: Steam and Gas Enaine Days Mr. Jim Pemberton, Director of Public Works, presented a request from Garry Cline of the Museum for a Street Fair permit for Steam and Gas Engine Days. The street closure requested is for "R" Avenue between 7th and 91h Streets beginning at 4:00 p.m. Friday, September 15, 2000 through 8:00 a.m. Sunday, September 18, 2000. Councilmembers commented on the success of this community activity. Mr. Rock moved, seconded by Mr. Carlisle to approve the application provided that the museum furnishes the barricades. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Historic Preservation Board Appointments Mayor Maxwell reported that applications and resumes for the Historic Preservation Board Appointments were previously distributed to Council for review. A Council Sub -Committee also made a preliminary review of the applications and recommends the following appointments: Rhonda Gothberg, Susan Guzman, and Barbara Hansen for 3 -year terms; Brian Massey and Traci Rose for 2 -year terms; and Karen Marshall to serve as Board Ex -Officio during the initial development of the Board. Mrs. Robinette moved, seconded by Mr. Carlisle to accept the nominations as recommended. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 1560 August 21, 2000 - continued Interlocal Aareement with Skaait PUD (Sewersl Mr. Jim Pemberton, Director of Public Works, presented an Interlocal Agreement between Skagit County, City of Anacortes, City of Burlington, City of Mt. Vernon, City of Sedro-Woolley, and PUD District # 1 regarding sewer service areas. The purpose of the agreement is to coordinate sewer development and to highlight that Skagit PUD does not seek authority to provide sewer service within sewer services areas as currently established, or as amended and additionally, the Skagit PUD will not extend sewer service to individual residences or businesses inside a City's Urban Growth Area without that City's written consent. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into the Interlocal Agreement with the PUD # 1. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. There being no further business, the Mayor adjourned the meeting of August 21, 2000 at approximately 9:40 p.m. C�t jza_� Khan, City Clerk -Treasurer H. Dean Maxwell, Mayo �7iti1/lt Q . i ouncilmemer `— I 1561 September 5, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of September 5, 2000 to order. Roll call found present: Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen; Jeanne Robinette, and -Bud Rock. Absent: Bill Carlisle. Minutes of Previous Meetina The Minutes of the August 21, 2000 were approved on a motion by Mr. Brown, seconded by Mr. Sizemore, and passed unanimously. Citizen Hearinas There were. no comments under this portion of the agenda. Mayor/Council Communication Mayor Maxwell read a Proclamation regarding the United Way of Skagit County's 2000/2001 Campaign. Permission to Call for Bid: Seqment 3A Waterline Replacement Proiect Mr. Jim Pemberton, City Public Works Director, asked for formal permission to call for bids on the City's 36" waterline project, Segment 3A, along South March Point Road between Thompson Road and the "Smokeshop". Mr. Pemberton explained how this portion of the project could move ahead in advance of the sections of waterline that will connect on the east side of the Swinomish Channel and allow the entire stretch of South March Point Road to be upgraded and repaved by next summer. After discussion, Mr. Sizemore moved that the Public Works Department be authorized to bid this project. The motion was seconded by Mr. Rock and passed unanimously. Consideration of Bids -- 34th Street and "V" Place Improvements Mr. David Lervik, City Engineer, presented the bids received to build a new section of road between "V" Place and 34th Street. Mr. Lervik pointed out that this project is included in the FY 2000 budget, that the engineer's estimate was $164,589.00, and that the low bid was $130,894.91 (from Knutson and Sons). After discussion Mr. Sizemore moved that the bid be awarded to the low bidder, Knutson and Sons, in the amount of $130,894.91. The motion was seconded by Mr. Christiansen and passed unanimously. Contract with PSE Mr. Ian Munce, City Attorney, reviewed the latest draft of the proposed agreement between the City of Anacortes and Puget Sound Energy for meter reading and billing services. Mr. Munce reported that PSE had granted the City's request for an extension to the current contract through October 1, this year, that it was the City staff and PSE's goal is to have a final draft available for the agenda package for September 7, and that it was hoped that action could be taken at the continued City Council meeting on September 11, 2000. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. The vote was unanimous. Approval of Vouchers/Cancellation of Warrants: Council voted that the following voucher/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 24, 2000 and August 31, 2000 are approved for payment as of this date, September 5, 2000. Claims Warrants: August 2000 Warrant #9378 through #9535 in the total amount of $655,260.98 Prewritten Claims: August 2000 Warrant #8850 through #8855 in the total amount of $140,668.19 Settinq Public Hearina Date - Street Vacation - Portion of 22nd Street The City Council then .adopted Resolution #1551 fixing a time when a petition for vacation may be heard and determined by the City Council for a portion of 22nd Street lying west of "D" Avenue for September 18, 2000. This action was taken on a motion by Mr. Brown, seconded by Mr. Sizemore, and passed unanimously. Bid Approval: Quint Fire Truck Equipment The City Council approved the Fire Chiefs recommendation as to bid award for the ladder fire truck equipment. Chief Curtis explained that five bids had been received relative to 46 items of equipment, that he had picked the low bid for each of these 46 items, and that the total 1562 September 5, 2000 - continued requested bid award was in the amount of $34,993.77. After discussion, Mr. Sizemore moved that the City Council approve the bid award in this amount. The motion was seconded by Mr. Brown and passed unanimously. Final Plat Approval: Forest Ridae - Phase I The City Council considered final plat approval for Phase I of Forest Ridge. The Planning Director, Mr. Ian Munce, explained the procedure involved, and the City Engineer, Mr. David Lervik, reviewed the status of the project in detail. It was pointed out that given the issues outstanding relative to the northerly buffer zone and the steepness of the slope at the northerly portion of the property, the final plat for the 12 units involved in this Phase II would not be brought forward for approval this evening. Rather, the final plat for the other 20 units involved in Phase I would be recommended by City staff for approval subject to the following: (1) agreement between the City and the developer as to the respective contributions to the 23rd Street access road improvements, (2) building or bonding for all of the public improvements involved with Phase I, and (3) acceptance of a donation of $5,000 to the City Forestlands Conservation Easement program as mitigation for an encroachment of approximately two feet along the easterly 30 -foot buffer zone. The Council was presented with a final plat document describing Phase I and the covenants and legal descriptions involved with Phase I, together with a sitel plan that showed how the project conditions had been addressed. Ms. Robinette expressed concern that the project was being allowed to be approved prior to all of the required improvements being constructed and prior to some of the additional issues that she brought forward beiing resolved. After discussion, Mr. Sizemore moved that the final plat for Forest Ridge Phase I be approved subject to: the Mayor approving the City/developer division of costs on 23rd Street, the public improvements being either built or bonded, and the acceptance of the $5,000 donation to the City Forestlands Conservation Easement program in lieu of removing the two feet of loose rock that on average is encroaching into the easterly 30 -foot buffer zone. The motion was seconded by Mr. Brown. Vote: Ayes -- Christiansen, Sizemore, Brown, Petrish, and Rock. No -= Robinette. The motion carried. Conditional Use Application for Portable Buildina -- Anacortes School District The Mayor then opened a closed record public meeting on the Anacortes School District's proposal to add a portable building at the Anacortes High School for daycare use. The Planning Director explained the procedure and the record before the City Council; he noted that no appeals had been received. After discussion, Mr. Petrish moved that the City Council issue the conditional) use permit to the Anacortes School District subject to the conditions recommended by the Planning Commission. The motion was seconded by Mr. Sizemore. Under discussion, Ms. Robinette argued that, as a project mitigation, 15th Street should have been connected to the new high school student parking lot. Vote: Ayes - Christiansen, Sizemore, Brown, Petrish, and Rock.' No -- Robinette. The motion carried. I At approximately 9:00 p.m., Mayor Maxwell continued the meeting 7:30 p.m. on Monday, September 11, 2000 in the Municipal Building Council Chambers. AeKG rian, City Clerk -Treasurer H. Dean Maxwell, VIAN Councifinember i 1563 September 18, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of September 18, 2000 to order. Roll call found 'present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Mavor Maxwell announced that the Public Hearina for the 22nd Street Vacation has been continued to October 2. 2000 at the request of the annlicant. Minutes of Previous Meetinas Mr. Brown moved, seconded by Mr. Rock, that the minutes of September 5, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. C.1 ?Mayor/Council ommunication° .. .vn nvn cvoroivvscvvmvoovavad There were no special messages or communications from the Mayor or Council. Consider Bids for 2000 Street Overlav Project Mr. Dave Lervik, City Engineer, outlined this year's street overlay and repair program items: "O" Avenue - 22nd Street to 14th Street; MacBeth/Elgin — Kingsway to Kingsway; "D" Avenue — 21s' Street vicinity; 22nd Street — Commercial to "M" Avenue; 8th Street — "F" Avenue to "L" Avenue; and 14th Street east of "O" Avenue. Three bids were received with the low bid from Lakeside Industries in the amount of $468,815.90. As the bid is significantly below the amount available in the budget Mr. Lervik suggested the following option: because the "R" Avenue reconstruction project is within the scope of overlay and repair of streets, this project could be finished this year. Mr. Lervik then outlined the overall financial benefit and reduction in street repairs that adding this task would bring. With that, Mr. Sizemore moved, seconded by Mr. Brown, to approve the street overlay priority list and to accept the low bid from Lakeside Industries in the amount of $468,815.90. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Public Hearina: 4th Street Parkinq Mayor Maxwell opened the Public Hearing to take public testimony on the parking restrictions on 4th Street, Commercial to "R" Avenue. Mr. Dave Lervik, City Engineer, explained that with the recent construction work on 4th Street, the road is narrower by 6 feet and angle parking on . both sides of the street would leave driving lanes too narrow to accommodate large trucks. Prior to construction both sides of the street were "angled". The Municipal Code states that the north side of the 800 block of "R' Avenue is identified as "angle" parking whereas the south side of that block is unspecified, so would be designated as parallel. Having previously reviewed the issue with staff Mr. Lervik presented a series of options to Council. Mr. Clarence Miller, 502 E. Washington Street, Mt. Vernon, owner of a home on the southwest corner of 4th Street and "Q" Avenue verified that parking at this location would be "parallel". Mr. Don McKee, 200 Curtis Drive, suggested that this discussion should have been held prior to construction. Mr. McKee expressed his opposition to the loss of diagonal parking on the south side of the street. Mr. Dick Nelson, Dakota Creek Industries, first complimented the City on the 4'h Street repaving project. Mr. Nelson reported that there's a significant amount of foot traffic between offices on 4th street. For safety reasons, Mr. Nelson suggested angle parking on both sides. There were no further comments and the Mayor declared the Public Hearing closed. After discussion, Mr. Petrish moved, seconded by Mr. Carlisle, to authorize the preparation of an Ordinance to amend the parking requirements to identified parking in the 800 block of 4th Street as "diagonal" on the north side and "parallel" on the south side. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Transportation Plan Update: Ordinances Mayor Maxwell introduced two Ordinances for Council review and adoption: an Ordinance adopting the transportation plan and an Ordinance adopting a revised schedule of transportation impact fees. Mayor Maxwell then reported that he had received a 44 -page petition recommending that Commercial Avenue remain in its current configuration. Mr. Ian Munce, Planning Director, reviewed the Transportation Plan 3 -year update cycle and development history. Study Sessions and Public Hearings have been held; this year's modifications and areas of interest were identified as truck routes, description of level of services, bicycle information for the Washington State Ferries, Commercial Avenue design, adjusted landscaping standards, expanded emphasis for left hand turn lanes on Oakes Avenue, listing of funding for pavement overlays, transportation impact fees, and grants. Mr. Munce also discussed the impact fees that provide for new intersections and signalization projects. The current recommendation is for a $900 impact fee with a 4 -year phase in to replace the current charge of 1564 September 18, 2000 - continued $400. Using an overhead display, Mr. Munce reviewed the current City hookup and permit fees together with a comparison of fees from other municipalities. After discussion, Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance # 2542 entitled "An Ordinance Adopting A Revised Transportation Plan (2000). Mrs. Robinette suggested studying street system to service Volunteer Park, and a better analysis of projected volumes for Ship Harbor and MJB. Mr. Munce offered to add these issues to the introduction section as outstanding items. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Mr. Brown. Mr. Petrish then moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2543 entitled "An Ordinance of the City of Anacortes, Washington, Amending Exhibit A of Ordinance No. 2277 (Impact Fees). Mr. Christiansen clarified that the fee schedule would be $400 - 1/1/00; $525 - 1/1/01; $650 - 111/02; $775 - 1/1103; and $900 - 1/1/04. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. PSE: Meter Readinq and Billinq Services: Contract Authorization Mr. Ian Munce, City Attorney, presented for a 2 -year Customer Care Services Contract between the City of Anacortes and PSE to provide for water meter reading and billing support. Under this contract PSE will also issue the bills while collection and customer service, will still be handled by City Hall. The 2 -year contract period will allow the Mayor and Council to decide whether or not to install an automated water meter reading system. Mrs. Robinette spoke against the amendment regarding penalties. After discussion Mr. Sizemore moved, seconded by Mr. Petrish, to authorize the Mayor to enter into a Customer Care Services Agreement with PSE and water meter reading and billing. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Consent Agenda Mr. Rock moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 7, 2000 and September 14, 2000 are approved for payment as of this date, September 18, 2000. Council vote was unanimous. Claims Warrants Sep, 2000: Warrant Numbers 9539 through 9730 in the total amount of $1,082, 612.73 Payroll Aug, 2000 Warrant Numbers 17389 through 17523 in the total amount of $291,064.55 Council also adopted Resolution # 1552 authorizing William LaRue as the authorized representative to sign all reports required by the NPDEDS permit issued to the City of Anacortes,and Adopted Findings of Fact and Conclusions of Law for the Anacortes School District' Conditional Use Permit for a Portable Classroom at 181h and "K" Avenue. Public Hearinq: Street Vacation - Portion of Pacific Avenue - O' Brock Mayor Maxwell opened the Public Hearing on a Petition signed by Mr. William O'Brock and Mr. Otto Allison to vacate a portion of Pacific Avenue and a portion of the alley in Block 11 Woods Addition. Mr. Jim Pemberton, Director of Public Works, used an overhead display to highlight the area to be vacated and reviewed the packet of materials received by Council. The vacated alley together with 10' conveyed by the Woods Addition to Mr. Allison would provide for legal street frontage for his property. The Board of Adjustment recommended to Council to approve the vacation and to retain the 10' pedestrian right-of-way to Puget Way required by the adjacent Washington Park Estates Plat. However, Mr. Pemberton suggested that, based on conversations held with the Parks Director that there is another platted pedestrian access to the Washington Park from Western Avenue. There were no public comments and the Mayor declared the Public Hearing closed. After discussion, Mrs. Robinette moved to approve the vacation subject to an easement being retained for pedestrian use provided it meets the plat requirement. Motion died for a lack of second. Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the vacation petition request as recommended by the Board of Adjustment . Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Rock, and Carlisle. No - Robinette. Motion carried. Final Plat Approval: Cedar Springs Mr. Jim Pemberton, Director of Public Works, presented the Final Plat approval application for Cedar Springs Planned Unit Development. Mr. Pemberton referred to the various staff memos 1565 September 18, 2000 - continued and documents sent to Council for review. Mr. Pemberton then turned to the punch lists, including landscaping, for items to be completed. There are no health and safety issues associated with this plat that have not been completed. Staff recommends that Council issue approval for the Final Plat, but to delay recording until all legal issues are addressed on the face of the plat and until a bond in the amount of $100,000 is presented. Mr. Ian Munce, Planning Director, reported that the Planning Commission reviewed the final plat and enthusiastically supported the creek development and recommended approval. After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to approve the Cedar Springs Planned Unit Development Final Plat subject to staff recommendations regarding bond and punch list items. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Final Plat Approval: Woods Addition Plat/Sunset Cove Planned Unit Development Mr. Jim Pemberton, Director of Public Works, presented the Replat of Woods Addition (Washington Park Estates) Final Plat together with the Sunset Cove Planned Unit Development Final Plat. Council received a volume of material from staff reviewing these issues. Mr. Pemberton identified areas of focus as Issues addressing the plat itself, including survey information, Council -approved Findings of Fact on both projects, and a punch list of incomplete construction/clean-up details. Staff recommends that the final document not be recorded until certain health and safety issues are addressed including slope stability and traffic control devices. An additional issue is the location of the sanitary sewer easement that crosses the Bonneville Power Administration (BPA) property. Permission was given by BPA for the location of the line but the easement document authorizing has not been received. Staff recommends that this item be bonded in the amount of $30,000. Additionally, a $100,000 should be set aside until all the health and safety issues have been addressed and completed. Council discussed the project landscaping. Mr. Ian Munce, Planning Director, clarified that Mr. Wally Eckberg, adjacent property owner, will have a 30' access deeded to him by this project. Also, there is a rock in the right-of-way and Mr. Eckberg has requested that the rock be removed to provide for practical access; this work will be covered as a punch list item. Mr. Hal Harker, property owner on Puget Way raised issues of drainage. The applicant gave a detailed report of the landscaping to be installed together with a revegetation plan for the Sunset Cove area. After discussion, Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the final plat subject to a bond in the amount of $130,000 ($30,000 earmarked for the BPA easement issue), all of the legal language issues are addressed on the face of the plat, all health and safety issues are addressed. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Chanae Orders: Sewer Puma Station Rehab Project Mr. Jim Pemberton, Director of Public Works, presented 3rd change orders for the pump station upgrade project. Mr. John Franz, Plant Manager, issued a September 13, 2000 memorandum outlining the issues resolved during construction. The third change order is for work done on the retaining wall at pump station # 10. After discussion Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the three changes to the Udelhoven General, Inc. contracted amount. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Ordinance: Extending Cascade natural Gas' Franchise (First Readinal Mr. Ian Munce, City Attorney, presented a draft Ordinance to Council granting a franchise to Cascade Natural Gas. The request is for a 20 -year extension. Mr. Christiansen asked that a provision be provided for a business office in Anacortes. On a question from Mr. Carlisle, Mr. Munce clarified that this is a non-exclusive franchise. Mr. Munce then introduced Mr. Dave Grunhurd of Cascade Natural Gas. The draft is for Council review. Contract: Cornice Placement Museum Mayor Maxwell thanked Mr. Don Measamer, Building Inspector, for his assistance in providing information on construction of the cornice for the Carnegie Building. Superior Systems has submitted a bid to furnish materials, and to fabricate and install the cornice in an amount not to exceed $15,000. Painting will be done by volunteers. Mr. Sizemore moved, seconded by Mr.. Petrish, to award the bid to Superior Systems. Vote; Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. There being no further business, the Mayor adjourned the meeting of September 18, 2000 at approximately 9:40 p.m. Geor 0 ht an, City Clerk -Treasurer H. Dean Maxwell, Mar f�AN Councilmember 1566 October 2, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 2, 2000 to order. Roll call found present: Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent: Bill Carlisle. Roll call was followed by the Pledge of Allegiance!, I Minutes of Previous Meetinqs Mr. Petris , moved, seconded by Mr. Sizemore, that the minutes of September 18, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Citizen Hearinqs No citizen present wished to testify on matters not on the agenda. ',Mayor/Council Communications Mayor Maxwell addressed the following items: The Mayor gave a progress report on the candidate selection for the Public Works Director position vacated by Mr. Jim Pemberton; Mr. Pemberton is slated to retire in December. The Selection Committee included Police Chief Mike King, Planning Director, Ian Munce, Councilmember Jeanne Robinette, two members of the Public Works Advisory Board, Mr. Jim Pemberton, Mrs. Judy Grace, and Mrs. Emily Schuh. The top candidate has been notified and Council confirmation will be placed on the October 16th agenda. The Mayor then turned to the protocol to follow for the Public Hearing on October 9, 2000 for the Port of Anacortes Airport Rezone application. The Planning Director will first review the Planning Commission recommendation to Council. Representatives from the Port of Anacortes, CCARE, and the Pilot's Association will be allotted 10 minutes. The Port will present first with the following speaker chosen by coin toss. Individuals will have 3 minutes to speak; unused portions of the 3 minutes will not be transferred to another speaker. The meeting will follow the Council's adopted Rules of Procedure and after the close of the public hearing written comments will be accepted until Friday, October 13, 2000 at 5:00 p.m. Mrs. Robinette complimented Mrs. Schuh, Human Resource Director, for her contribution to the Public Works Director selection process. Additionally, at the next Council meeting Mrs. Robinette will propose a budget change for maintenance of street trees on Commercial Avenue. Mr. Petrish asked that the testimony at the Port of Anacortes rezone hearing be directed to the subject at hand. Referring to the recent controversy over changes to Skagit County's Countywide Planning, Policies, Mr. Christiansen read a section of the Growth Management Act requiring negotiated countywide policies to provide a framework from which County and City Comprehensive Plans are developed and adopted. Those Policies agreed to by Skagit County and its Cities are the tools for implementing the GMA goals in Skagit County including commercial/industrial land allocations. Arbitrary changes to the agreed -to Countywide Planning Policies without dialogue and concurrence of the affected jurisdictions is against contractual obligation and procedure. Franchise with Cascade Natural Gas: Ordinance Mr. Ian Munce, City Attorney, addressed this item for the Council and audience. The Franchise with Cascade Natural Gas implementing Ordinance was circulated to the Council at the September 18th meeting. Staff, Councilmembers, and the Washington State Insurance authority have forwarded comments on the Ordinance to the City Attorney's office. The Council now has before it the next draft showing some of the proposed changes: clarification of franchise term and notification, gas pipelines shall work around stormsewer lines, an additional insurance requirement, restoration of streets, renewal period, and a proposed Section 14 relates to a local Cascade Gas office. Mr. Munce explained that the grantee could come back to Council to request a modification to an approved franchise at any time. Mr. Larry Anderson, Cascade Natural Gas, spoke against Section 14 explaining that while the local office has been upgraded to serve the customers, Cascade would like to be able to have the option to make future sound business decisions. Discussion followed regarding improved customer service and scheduling of construction crews. Councilmembers emphasized the value of a local utility office. Consent Aaenda Mr. Brown moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 21, 2000 and September 28, 2000 are approved for payment as of this date, October 2, 2000. Council vote was unanimous. 1567 October 2, 2000 -- continued Claims Warrants Sep, 2000: Warrant Numbers 9734 through 9908 in the total amount of $567,244.10 Prewritten Claims Sep, 2000: Warrant Numbers 9375, 9376, 9377, 9536, 9537, and 9538 in the total amount of $103,949.92 Draw Pavroll Sep, 2000 Warrant Numbers 17525 through 17570 in the total amount of $26,145.92 Council also adopted Resolution # 1553 setting November 6, 2000 as the Public Hearing date on a petition to vacate a portion of Oregon Avenue submitted by Mr. Tony Malo, and Adopted Ordinance No. 2544 entitled "An Ordinance Providing for Parking Regulations, Repealing Ordinance No. 2046, passed and approved on the 51h day of October, 1987, and Constituting Code Sections 10.12.070 through 10.12.090". Public Hearina: Street Vacation — Portion of 22nd Street — Vintaae Investments Mayor Maxwell continued this Public Hearing to the evening of Monday, October 16, 2000. Water Rate Studv — Result Presentation (consultant) Mayor Maxwell prefaced the discussion on the Water Rate Study by reporting the following results: the current rates appear adequate to cover operating and capital needs of the water utility, classes of service appear to be paying their cost of service, and no rate adjustments are recommended for the years 2001-2003. Current residential/commercial rates remain unchanged. Current capital costs for wholesale/industrial remains unchanged. Ms. Sanchez of Economic & Engineering Services then described the rate study process. Handouts were distributed to Council highlighting the Study development and makeup of the customer representatives and rate design. After a detailed presentation, Ms. Sanchez explained that the revenues for the water utilities are sufficient to cover the operating and capital needs of the 2001-2003 time period and classes of service appear to be within the cost of service. Based on this information and on the uncertain rate environment the recommendation is to keep the rates at the current level. There being no further business at approximately 8:40 p.m. Mayor Maxwell continued the meeting to Monday, October 9, 2000 at 7:30 p.m. for the purpose of holding a Public Hearing on the Port of Anacortes airport rezone application. 71r ge K faian, City Clerk -Treasurer ` ,e �. H. Dean Maxwell, Mayor Councilmember 1568 October 9, 2000 -- Continued from October 2, 2000 At 7:30 p.m. Mayor Maxwell called the continued meeting to order. Roll call found present: Bill Carlisle, Bud Rock, Nick Petrish, Jeanne Robinette, Terry Christiansen, Ray Sizemore, and Ken Brown. The Mayor opened a Public Hearing on a Comprehensive Plan redesignation and rezone proposal for approximately 10 acres, owned by the Port of Anacortes, at the Anacortes Airport, together with a proposed Zoning Code amendment defining terminal facilities ("rezone proposal"). The proposal involves redesignating the 10 acres from residential (R2) to Light Manufacturing (LM). Councilmember Sizemore described his experience as a licensed pilot and Councilmember Carlisle described his wide-ranging discussion of the policy issues involved with the proposal(s). There were no challenges to any Councilmembers sitting on this matter. The Planning Director, Mr. Ian Munce, described the proposal in some detail. The Port of Anacortes Executive Director, Mr. Dan Stahl, described why the Port was seeking the changes, using a series of slides. Mr. Stahl highlighted the importance of the airport to the regional transportation system and the local economy, emphasizing the immediate need for new aircraft hangars. Mr. Stahl stated that the "panhandle" area at the south of the airport (shown in the Airport Master Plan and Exhibit 4 as buffer) is not part of the Port's rezone buffer proposal and that the airport should be treated as an "essential public facility" under the GMA. Mr. Richard Cook, on behalf of the Pilots for the Anacortes Airport, presented written materials in support of the Port's proposal, focusing on the "scrivenor's error". Mr. Cook highlighted the need for more hangar space for "small", non-commercial airport uses. Mr. Cook stated that the City caused the problem and should now fix it. Ms. Sandy Hoboy, President of CCARE, introduced Mr. Gerald Steele. Mr. Steele highlighted the absence of written findings from the Planning Commission, the inadequacy of the "scrivenor's error" argument as to SEPA and at to recent adoption of new Comprehensive Plans and Development Regulations, the inadequacy of the Port's demonstration of need, and questioned the status of the airport as an "essential public facility". Ms. Carol Key, representing the Federal Aviation Administration, emphasized her agency's support for the rezone, the airport's status as an essential public facility under GMA, and the proposal's consistency with the regional transportation plans. Ms. Key pointed out her agency's opposition to the Planning Commission's proposed restrictions on helicopter operation in the rezone area and mandating noise abatement measures. Mr. John Dukakis stated his support for the rezone proposal and testified about the need for more hangar space. Mr. Harold Basset stated that the airport is becoming obsolete and proposed that the functions be transferred to the Bayview Airport. Ms. Virginia Basset introduced written comments from Frank and Jane Lloyd. Mr. Bob Mauro stated that he purchased his home based on the long-established zoning, that there was no demonstrated need for the rezone, and that the hangars would be for out -of -the -area users. Mr. Dave Alger stated that the Council should just correct the "scrivenor's error". Mr. Doug Seward stated that the rezone does not affect the commercial operation of West Isle Air and that property values in the vicinity have not gone down. Mr. Fergus Black referenced a letter from WSDOT that emphasized the "essential public facility" status of the airport and the need to protect airports from incompatible land uses. Mr. Dick Gamble stated that rezone conditions were inappropriate and that the airport was a key transportation link. Ms. Carol Isaacson testified that an EIS is needed. Mr. Duane Knapp testified that he used the airport for his business, pointing out the importance of the airport to local businesses. Mr. Les Cox recommended that the rezone be postponed until an airport zone proposal has been developed, adding that the rezone is not needed given other available Port -owned acreage. Mr. Rod Deaton recommended expanding airport operations at the Bayview Airport, adding that the current proposal was unnecessary and that the airport should pay for itself. Mr. Harold Bartrum stated that there was no relationship between the rezone area, its proposed use, and West Isle Air's operation. Mr. Thad Wakefield argued that the "scrivenor's area" is fiction, that 20 years is too long a period for a change to be required, and that approval will lead to more commercial development at the airport. Mr. Terry Hammond testified that he had relied on current zoning, properties were being devalued, and that quality of life was being compromised. Ms. Diane Seward testified in support of the rezone, stating that no property is being devalued and that only voluntary compliance with noise abatement is appropriate. Mr. Andy Mayer highlighted the Anacortes Chamber of Commerce's support for the rezone proposal with appropriate buffers, given the vital importance 1569 October 9, 2000 -- continued of the airport as a transportation link. Mr. Dale Aspnes stated that sufficient Port -owned LM land is already available that is fairly flat at the NE corner of the airport and that the Port Master Plan only identified the need for two new hangars through 2012. Dr. Dick Dildine testified in favor of the rezone, arguing that the buildings will buffer noise. Mr. Hans Peterson testified that the noise is getting worse and that he was opposed to the rezone and to airport subsidies. Mr. John Osterricher stated that he was opposed to the rezone, that the Comprehensive Plan ("CP") only provides for a "community oriented aviation facility" and for rezoning only after a demonstration of need, and that the CP mandates preservation of the "intrinsic quality of life". Mr. Paul Hunter stated that he was opposed to the rezone, that an airport zone should be developed before the rezone is considered, that other land is available, and that aircraft noise is increasing. Mr. Ken Winslow testified on behalf of the Skyline Beach Club that the Club was opposed to airport expansion in Anacortes and in favor of expansion at Bayview. Ms. Marla Aspnes testified against the rezone and in favor of expansion at Bayview, and of downgrading the Anacortes Airport to recreation use. Ms. Kay Johnson, speaking also for Dick Johnson, testified that the Port had misrepresented the situation to the FAA and the City, describing the rezone proposal as a "cover-up". Mr. Loren Hoboy presented a letter from the County Assessor's Office describing decrease(s) in property value(s). Ms. Marilyn Oshiro stated her opposition to the rezone, arguing for a moratorium on development (except for safety) at the airport until new zoning controls have been adopted and for the airport paying for itself. Ms. Oshiro formally objected to aspects of procedure at the Planning Commission Public Hearing, namely alleged use of "flash cards" to communicate information to Commission members after the Public Hearing was closed. Ms. Beverly Kalani stated that she was opposed to the rezone, that neighbors had relied on current zoning, and that she opposed commercial airplane growth. Mr. Ray Niver stated that he was opposed to the rezone, that added buffers were needed, and that more analysis was necessary. Mr. Wes Hagen, Skagit County Chief Deputy Appraiser, testified that in Skyline average assessed values are 13% below market prices. Mr. Floyd Garrett stated that he was opposed to the rezone, that he had bought his home in reliance on current zoning, and that any toscrivenor's error" was too long ago. Ms. Cynthia Richardson argued that residential use of the 10 acres is not appropriate and that new airport zone language is needed. Mr. Bill Engels argued that the "scrivenor's error" needed to be corrected, with appropriate rezone conditions. Ms. Peg Emerson argued against the rezone, that rezoning does not comply with LM noise restrictions, and that aircraft activity levels have increased markedly. Mr. Terry Vale stated that he supported the rezone and wanted more hangar space. Mr. Bill Wooding testified that the NE area is partially wetland and 6' to 8' higher than the runway area and that he supported the rezone. Ms. Donna Williams stated that Hangar #3 was built illegally. Ms. Marilyn Johnson testified that in 1993 73% of the City residents voted against airport expansion. Mr. Ted Dennis, representing West Isle Air, testified that his company had no intent to use the rezone area, was generating growth outside of Anacortes, and was using Anacortes for fleet maintenance work. The Public Hearing was closed, with written comments received through 5:00 p.m. October 13, 2000. G r e Khtai ,City 4CIe-Treasurer H. [dean Maxwell, Mayor /0 1 Councilmember 1570 October 16, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of October 16, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of October 2, 2000 and October 9, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. .Mayor/Council Communication' Mayor Maxwell addressed the following items: The Mayor announced that he will be attending Association of Washington Cities legislative committee meetings; these conferences provide an opportunity for the Council to introduce issues of interest. The Mayor then reported on the Ferry Committee meeting held in Sidney, British Columbia. Chaired by Mr. Ian Munce, representatives from Tourism Victoria, Washington State Ferries, the Town of Sidney, and both Chambers of Commerce attended. The Mayor gave an account of August 2000 ridership statistics: a 43% increase in riders and vehicles with an overall summer increase of 30%. The extra capacity of the Ferry Elwa, the marketing efforts of the local Chambers, and Tourism Victoria all contributed to this welcome increase. Mayor Pro -Tem, asked that a site visit be scheduled in conjunction with the Port of Anacortes Airport Rezone application; the visit was scheduled for Tuesday, October 24`h at 8:00 a.m. at the terminal building at the Anacortes Airport. No testimony will be taken during the site visit. Mr. Christiansen also proposed that a coordinated effort be made to compile Council questions and concerns on this issue. Mr. Ian Munce, Planning Director, explained the public's written comments submitted through October 131h will be distributed to Council on the 18'h. Staff review of the issues will be based on the existing record through October 13th. Franchise with Cascade Natural Gas: Ordinance Mr. Ian Munce, City Attorney, presented an Ordinbnce to Council previously reviewed by Council on two occasions. The Ordinance now before Council .formalizes the changes recommended by Public Works, includes new insurance requirements, and contains language relative to retaining a local office. Cascade Natural Gas concurs with the modifications but has suggested a 3 -year Franchise automatically renewable unless objections are raised. Staff recommends therefore that Ordinance 2545 renewing the Cascade Natural Gas Franchise be adopted. Mr. Brown so moved, seconded by Mr. Christiansen. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Consideration of Bids, 36 -Inch waterline, March's Point Road Mr. Gordon Bruchner, Special Projects Engineer, used an overhead display to highlight the location of the 36 -inch waterline installation project beginning at the intersection of Casino Drive and South March Point Road to Thompson Road near the 20 -inch connection to the refineries. Mr. Bruchner also referred to his October 11, 2000 memorandum and information packet to Council highlighting the low bid for this project received from R.L. Alia Company, Seattle in the amount of $2,242,014.20. The Engineer's Estimate was $2,431,926.00. Also included with the memo were the findings of the Engineer, Montgomery Watson, about the qualification and responsiveness of the low bidder. With that, Mr. Sizemore moved, seconded by Mr. Brown, to award the 36 -inch waterline project to R.L. Alia Company of Seattle in the amount of $2,242,014.20. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Aooroval of Vouchers/Cancellation of Warrants Council voted 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 October 5, 2000 and October 12, 2000 are approved for payment as of this date, October 16, 2000. Council vote was unanimous. 1571 October 16, 2000 -- continued Claims Warrants Oct, 2000: Warrant Numbers 9909 through 10172 in the total amount of $619,238.25 Prewritten Claims Oct, 2000: Warrant Numbers 9731, 9732 in the total amount of $783.56 Payroll Sep, 2000 Warrant Numbers 17571 through 17706 in the total amount of $335,815.73 Council also adopted Ordinance # 2546 vacating a portion of Pacific Avenue within the City of Anacortes Public Hearinq: Street Vacation — Portion of 22nd Street — Island Development Mayor Maxwell opened the Public Hearing to review a petition to vacate a portion of 22nd Street submitted by Island Development. Mr. Jim Pemberton, Director of Public Works, explained that this petition comes to Council with a Board of Adjustment (BOA) recommendation for approval together with a recommended condition that "C" Avenue be constructed from 22nd Street to 23 d Street. Mr. Petrish stated that he had received a letter protesting the vacation. Mrs. Robinette spoke in support of the recommendation. Discussion followed with the City Attorney regarding parameters of Council authority to vacate of rights-of-way. Mr. Tom Moser, Attorney, 411 Main Street, addressed the Council on behalf of the applicant, Island Development. The applicant supports the Board of Adjustment recommendation for approval, but does not support the "C" Avenue development condition. Mr. Moser explained that the cul-de-sac improvements on 22nd Street have already been installed; there is no logical connection or data to support a connection between the vacation of 22nd Street and improvements on "C" Avenue to 23rd Street. Sight distance issues at 21s' Street and "D" Avenue have been addressed by staff. Mrs. Robinette referenced the Comprehensive Plan. Mr. Carlisle moved, seconded by Mrs. Robinette to table this matter until "C" Avenue improvements are completed. This motion was prematurely submitted prior to the close of the Public Hearing. Mr. Rock offered alternatives to the development of "C" and clarified that proceeds from the street vacation can be used in the future toward this specific right-of-way development. Mr. Randy Cox, 2306 351h Court, said he is working with the City's Engineering Department in the development of 18th through 201h Streets. Mr. Dale Geffe, 2210 21s' St., emphasized that all improvements were constructed prior to vacation approval. Mr. Gerald Simon, 2202 21St St., suggested that this vacation would increase the traffic on Island View; he then discussed rights- of-way previously vacated by Council. Mr. Gaffe asked why 22nd St. was not connected to "D" Avenue. There were no further comments and the Mayor declared the Public Hearing closed. The City Attorney, Mr. Ian Munce, answered a question from Mr. Sizemore regarding attaching conditions to a vacation action. One criteria would be if this project created a need demanding that the new section of street be built. Mr. Munce also discussed the rededication of rights-of- way relative to the replat process. The applicant has stated that this case has not been made. Mr. Pemberton clarified that the lots 4 and 5 have access on an improved City street, "D" Avenue. After discussion, Mr. Carlisle moved to table this matter, seconded by Mrs. Robinette. Mr. Brown spoke against the motion. Vote: Ayes — Robinette, Carlisle, Petrish, and Sizemore. No — Rock, Brown, and Christiansen. Motion carried. Appointment to Council Committee: tourism Proiects. 2001 Mayor Maxwell appointed Mr. Brown, Mr. Christiansen, and Mr. Sizemore to serve on the Tourism Projects, 2001 Committee. Ordinance: Speed Limit on "R" Avenue Mr. Jim Pemberton, Director of Public Works, addressed this item. He pointed out that prior to the construction of Food Pavilion and Ace Hardware, the speed limit between 16th and 34th Streets on "Q" was 35 mph. Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2547 entitled "An Ordinance Reducing the Speed Limit from 25 mph to 25 mph on a Portion of "R" Avenue and "Q" Avenue amending Section 1.0.08.030 of the Anacortes Municipal Code." Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. "R" Avenue Reconstruction Proiect Mr. Dave Lervik, City Engineer, presented the bids on a project to reconstruct the northbound lanes of "R" Avenue from 22nd Street south to 34th Street. The Engineer's Estimate for Phase I of the project was $150,000 and the low bid was received from Strider Construction in the amount of $90,821.00. Mr. Lervik pointed out that at the same unit prices, money would be available to complete Phase II of the reconstruction project. Qualifications of the low bidder have been reviewed with favorable results. Mr. Sizemore moved, seconded by Mr. 1572 October 16, 2000 -- continued Christiansen, to award the "R" Avenue Reconstruction Project Phases I and II to Strider Construction based on a bid of $90,821.00 for Phase I and the same unit prices for Phase II. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Mrs. Robinette, and Mr. Rock. Motion carried. Six Year Transportation Improvement Plan: Public Hearina Mayor Maxwell opened the annual Public Hearing to update the City of Anacortes Transportation Improvement Program for inclusion in the State of Washington Improvement Program. The Plan now before Council incorporates one item not included in the Capital Facilities Program: realignment of 37th Street as it connects with Commercial Avenue. There were no comments from the audience and the Mayor"declared the Public Hearing closed. After discussion, Mr. Christiansen moved, seconded by Mr. Brown, to approve the 6 -Year Transportation Improvement Plan. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Confirmation of Public Works Director Mayor Maxwell announced that the Council Selection Committee has nominated Mr. Robert Hyde to fill the Public Works Director's position vacated by Mr. Jim Pemberton. Mr. Jim Pemberton will be retiring at the end of 2000. Mr. Christiansen moved, seconded by Mr. Sizemore, to confirm the appointment of Mr. Hyde. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Mayor Maxwell distributed Mr. Hyde's resume to the media. There being no further business at approximately 9:00 p.m. Mayor Maxwell continued the meeting to Tuesday, October 24, 2000 at 8:00 a.m. for the purpose of conducting a site visit in conjunction with the Port of Anacortes Airport Rezone application. G rge Kht�aian, City'Clerk-Treasurer H. Dean Maxwell, Mor Coun ilmember 1573 November 6, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 6, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinas Mr. Sizemore moved, seconded by Mr. Petrish, that the minutes of October 16, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication: Mayor Maxwell addressed the following items: Mayor Maxwell read excerpts from a letter announcing that the Highways and Local Programs Service Center advising the City that a project has been selected for funding through the "2000 Traffic Safety Near Schools Program". The local program is for a traffic signal at 12th Street and "M" Avenue. The Mayor thanked Mr. Jim Pemberton, Director of Public Works, and Mr. Dave Lervik, City Engineer for their efforts on this project. Mayor Maxwell then read a Proclamation proclaiming November 19th to November 25th as Family Week in the City of Anacortes. The Proclamation urges all citizens "...to strengthen their home life through devotion, love, understanding, and the enjoyment of working and living as a family unit." The Mayor then asked for Council confirmation of the following reappointments: Board of Adiustment: George Mehler and Ken Wilson; Forest Advisory Board: Ric Boge; Parks and Recreation: Phil Burton. Mr. Petrish moved, seconded by Mr. Rock to confirm these reappointments. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. The Mayor urged any interested citizens to apply for an upcoming opportunity to serve on the Library Board of Trustees. Mr. Petrish highlighted the fundraising activities for the Causland Park Restoration project. The goal is to raise approximately $50,000 to make repairs on the rock wall on the north side of Causland Park and to restore some of the rockery in the bandstand. The fundraising will be ongoing and donations can be made to the "Causland Memorial Park Restoration Fund" in care of the Anacortes Parks Foundation, P.O. Box 1902, Anacortes, Washington 98221. Reauest: Island Development — 22nd Street Vacation Mr. Ian Munce, Planning Director, explained that at the previous meeting the Council voted to table a Petition to Vacate submitted by Island Development for the vacation of portions of 22nd Street next to "D" Avenue. The majority of the Council requested to take a more comprehensive look at the properties owned by the development company in this area. Using an overhead Mr. Munce pointed to the portion of the 22nd Street vacation project that Island Development wishes to develop now; Island Development has asked the Council to lift this item off the table to deliberate on this specific portion of the total area to be vacated. Councilmembers discussed the several access issues in this area and spoke in support of a comprehensive development plan. There was no motion to remove this item from the table. Schematic Library Desian Aooroval Mr. Doug Everhart, Library Director, introduced this item to the Council and audience. He introduced Mr. Gary Barnett, City project manager, and the four members of the Library Board - all available to answer for Council questions. Mr. Everhart then turned over the presentation to Mr. Brad Miller of Cardwell/Thomas and Associates. Mr. Miller described the significant public input in the development of the library design. The design now before Council represents conclusion of the schematic design phase to be followed by the design development/construction documents phase. The project can be put out to bid in May, 2001 and to have construction start in June, 2001 and completed by June of 2002. Library Staff and Library Building Advisory Committee, and Library Board have all contributed to the development of the design. The project is in line with the planning budget. Mr. Miller then provided a more detailed description of the facility. Ms. Anna Reche of Cardwell/Thomas then described the materials to be used, lighting, roof materials, etc. Discussion followed regarding the 100 -seat meeting room that will be available for community use; this building reflects the community voice. The Mayor expressed appreciation for the retention of the chestnut trees. After discussion Mr. Rock moved, seconded by Mr. Brown to approve the Schematic Library Design. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Consent Aaenda Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the following Consent Agenda items. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 October 26, 200 and November 2, 2000 are approved for payment as of this date, November 6, 2000. Council vote was unanimous. November 6, 2000 - continued 1574 Claims Warrants Oct, 2000: Warrant Numbers 10173 through 10333 in the total amount of $998,470.73 Prewritten Claims Oct, 2000: Warrant Numbers 9733 in the total amount of $548.28 Payroll Oct, 2000 Warrant Numbers 17749 through 17861 in the total amount of $281,962.25 Draw Pavroll Oct, 2000 Warrant Numbers 17706 through 17748 in the total amount of $24,518.92 Council also accepted the Whistle Lake and 29th Street water reservoirs re -coating project as complete thereby initiating the mandatory 30 -day lien period. Ratification of Tourism Selection Program Mrs. Robinette requested that this item be pulled from the Consent Agenda. Mr. Ian Munce, Planning Director, explained that the Council has established a 3 -member committee to make recommendations to full Council for the tourism funds that will be available for the promotion of visitors and economic activity for the community. The applications for these funds have been received and the deadline for submittal has passed. There will be a meeting of the committee on November 28, 2000 to review the applications and to make recommendations to Council for December 4th action. Mr. Carlisle moved, seconded by Mr. Brown to ratify the Tourism Selection Program. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown, Motion carried. Public Hearing: 2001 Budget and Prooertv Tax Levv Request (This hearing is on tape and filed at City Hall) Mayor Maxwell opened the Public Hearing on the 2001 Budget and Property Tax Levy. In compliance with State law this public hearing is being held on the proposed 2001 Budget prior to its final adoption in December by Ordinance. Notice of this hearing was filed in accordance with State law. The $40,968,601 Budget represents a 3% over last year's adopted budget; for the second year there will be a 0% increase in the property tax levy. The Mayor pointed out that the Parks Department and Library are heavily dependent on property tax revenue for operations and a careful evaluation will need to be made of the City's tax levy request for the year 2002. Mr. George Khtaian, Finance Director, then used a series of overhead displays to highlight various aspects of the Budget. There were no comments from the audience and the Mayor closed the Public Hearing. Mr. Robinette requested that $10,000 be earmarked for maintenance of street trees; Mayor Maxwell requested $12,000 for the purchase from the McIntyre Estate of 4 acres at the base of Mt. Erie. With those two modifications Mr. Brown moved, seconded by Mr. Sizemore, to move the 2001 Budget forward to December 4th for adoption. As part of the motion there will be NO increase in the property tax levy. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Public Hearing: Vacation of a Portion of Oreqon Avenue Mayor Maxwell announced that the applicant has requested that this matter be continued to Monday, November 20, 2000. Closed Record Meeting: Conditional Use — Portales - - Condos in CM Zone Mayor Maxwell initiated the Closed Record Meeting to review a Conditional Use Application submitted by Mr. Allan Schroeder to develop a 116 -unit condo project on 13.66 acres generally located at 4800 Oakes Avenue. Mr. Ian Munce, Planning Director, summarized the key issues of this project together with the Planning Commission recommendation. Three appeals were filed. Using overhead displays Mr. Munce pointed to the wetland area adjacent to the Portales property and to the subject site (currently a mobile home park). The property is zoned Commercial Marine; the primary orientation for this zone is tourist/visitor/marine related. The subject property is some distance from the water and the applicant has elected to keep a residential use thus requiring a Conditional Use permit. The applicant has put forward that this project will not have a detrimental affect on the surrounding area and the Planning Commission used criteria outlined in the zoning ordinance to review this proposal and to make a recommendation for approval subject to 23 conditions. Mr. Munce then addressed the proposed pump station on Port property. A key recommendation is for a temporary pump station installed for this project to be discontinued when the Port facility is constructed. Also a key issue is a stormwater management plan so that water continue to flow into the Ship Harbor wetland together with detention and biofiltration. A final overhead highlighted the access issues including future connection to Port proerty and an improved secondary connection. Referencing the City's Traffic Plan Mr. Munce allowed that 12t Street/Oakes Avenue could handle the increase traffic with gradual widening of Oakes together with the addition of left turn lanes when needed. Mr. Jim Pemberton, Director of Public Works, discussed right-of-way width. Recommended Condition # 10 requires the dedication of right-of-way from the Portales project to give the City a full 50' north of the centerline of Oakes Avenue. The conditions attached to the adjacent Ship Harbor project are consistent with this recommendation. Representing the applicant, Mr. Jim Schemmer, 1610 A Commercial Avenue, project engineer, gave a detailed presentation of the project. The applicant is appealing the 50' right-of-way requirement suggesting that the 50' right-of-way is not needed. Mr. Schemmer also referenced the applicant's determination to hold a cooperative dialogue with one of the appellants, the Ship Harbor Interpretive Preserve. Drainage design issues have been discussed regarding the return of drainage back into the wetland with water quality treatment in place. While negotiations are important, the applicant must comply with the City regulations. Mr. Schemmer said that the project's density is consistent with zoning code parameters. Portales will finish the existing lift station with a latecomer's agreement in the low basin of the watershed later to be abandoned. This action may affect the permit time constraints for the Ship Harbor project. 15 7 Lember 6, 2000 - continued Mr. Ivan Billson, 4802 Harbor View Place, spoke against a two-lane street at Harbor View Place and Oakes Avenue and in support of a left-hand turn lane. Harbor View Place is across Oakes Avenue from the Portales project. Mr. Ross O. Barnes, 13695 Harbor Lane, spoke on behalf of Ship Harbor Interpretive Preserve (SHIP), managers of the wetland area in the Ship Harbor project. Copies of maps attached to Exhibit 16 were submitted to Council. Mr. Barnes emphasized SHIP's concerns regarding stormwater drainage in terms of erosion and water quality. In particular, SHIP suggested that they should be included in negotiations with the applicant, City, and Port with design issues. Mr. Pemberton then clarified that the long-term plan is for two-way left turns along Oakes Avenue. Currently there is a left turn pocket at the intersection of Glasgow and Oakes, and a short acceleration lane at Harbor View Place. Discussion followed regarding right-of-way widths and location of power poles. He emphasized that the finished product would be a 3 -lane section with a two-way left turn throughout the project length. Landscaping issues were reviewed with regard to a wider right-of-way. Mr. Munce emphasized that more detail will be forthcoming on both the stormwater design and roadway width and suggested that the following language should be added to condition # 10: "...project frontage, or alternative final design as approved by the City Council, including a street design from Glasgow to Ferry Terminal Road." Additionally, Condition # 13 can be amended to say, "A landscaping plan, integrating the wildlife provisions set forth in the State Fish and Wildlife's Backyard Wildlife Sanctuary Program and a Trails Plan, and depicting the project view from Oakes Avenue, shall be approved by the Planning Commission and City Council before any construction starts." Mr. Carlisle moved, seconded by Mr. Christiansen to delay decision in order to gather more information on landscaping and street design. After discussion Mr. Carlisle withdrew his motion. Mr. Brown moved, seconded by Mr. Christiansen, to set aside the appeals. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Mr. Christiansen moved, seconded by Mr. Brown, to approve the conditional use application subject to the 23 conditions as amended. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. 2001 Anacortes Arts Festival and Anacortes chamber of Commerce Street Fair Application Mr. Jim Pemberton, Director of Public Works, presented two street fair applications: (1) 2000 Arts Festival was held on August 4tn 5th and 6th. Staff comments were solicited on the event and there were no major hardships or disturbances caused by a 3 -day event. For future events it was suggested that there be more coordination for set-up and more traffic control at the intersection of 4th and Commercial on Friday. Staff recommends that a 3 -day event be approved. (2) Closure of intersection at 9th and Commercial between 5:30 p.m. and 7:00 p.m. on December 1, 2000 for the annual Christmas Tree Lighting. Staff reviewed the application that the application be approved and that the Chamber be authorized to block off the intersection of 9th and Commercial on Friday evening, December 1, 2000. Mr. Sizemore moved, seconded by Mr. Petrish to approve the staff recommendations for the street closures. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Chlorine Feed Puma Reolacement — Water Treatment Plant Mr. Jim Pemberton, Director of Public Works, presented an October 25, 2000 memorandum from John Franz, WasteWater Treatment Plant Manager, outlining a request for replacement of five diaphragm pumps to peristaltic pumps. The memo contained a detailed description of the high maintenance costs in labor and parts for the existing pumps. After discussion, Mr. Carlisle moved, seconded by Mr. Rock, to approve the replacement of the five diaphragm pumps at the wastewater treatment plant. Vote: Ayes - Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Executive Session: Litigation At approximately 10:35 p.m. the Mayor announced that the Council would convene in Executive Session to discuss a litigation matter. At approximately 11:15 p.m. the Council reconvened and without taking any further action, adjourned the meeting of November 6, 2000. G e Khan, Cit Clerk -Treasurer H. Dean Maxwell, Mayor / ;ouncilmember November 20, 2000 1576 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of November 20, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Absent Ray Sizemore. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of November 6, 2000 be approved as if read. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mayor/Council Communications: ..., .. - _ • �.:1.•n rs -a it Mayor Maxwell read a letter from the Department of Health/Washington State Waterworks Operators Certification Program announcing that Certificates of Competency are being issued to George C. Atkinson, Water Treatment Plant Operator in Training, and Cory L. Campbell, Water Treatment Plant Operator I. The Mayor congratulated both employees. The Mayor then announced the opening of the Museum exhibit, "Dirt, Planks, and Pavement, the Evolution of Commercial Avenue". This excellent exhibit will be open to the public throughout next year. Mrs. Robinette reminded everyone to look at the refurbished cornice at the Museum. Mr. Petrish suggested that the trees and root systems next to walking path on "R" Avenue could encroach into the path. Mr. also Petrish reported that he will be going on a hunting trip with Mr. Richard Cook who has been an active public participant in the Airport Rezone public hearing. Mr. Petrish said that this association will not influence his impartial review of the Rezone issue. Mr. Christiansen reminded the audience that the City's web site posts job opportunities applications can be downloaded. Southlands: Utilitv Extension Mr. Jim Pemberton, Director of Public Works, addressed the next agenda issue, the 8 -lot Southlands Short Plat at Haddon Road and "O" Avenue. The original application proposed extending the water from approximately Whistle Lake Road and Haddon Road west to the Southlands site. This would have required the installation of a pump station in the general vicinity of the Whistle Lake Reservoir. The original application was appealed and the developer was asked to extend the waterline on "O" Avenue to 41s Street. Additionally the developer•was to have extended the sewer and stormsewer in that direction. The City was to have participated in the utility extension for water, sewer, and street restoration on "O" Avenue. Following Council action the developer reviewed the costs of the project as conditioned and determined that the improvements would be too expensive. Subsequently, the applicant submitted a proposal to run the extension of utilities up "O" Avenue only and then East on Haddon Road to service his subdivision; at the same time he asked that the pump station be relocated in the vicinity of 41s' St. and "O" Avenue and that the Council consider maintaining its agreement to participate in the improvements. This issue was reviewed by Council in Study Session. Council offered that utilities, particularly water, should be extended up O avenue and then along Haddon road at least to the existing water line at the St. Mary's addition so that that area could be looped and area water pressure enhanced. Also the City would not participate in or authorize a Latecomers Agreement for an extension of the waterline or any utility. Mr. Pemberton then referred to the applicant's October 30, 2000 letter outlining 6 revised conditions including installation of the pump station near 415` St.; all the improvements on "O" Avenue including sewer, water, street improvements up 41st & O to the Southlands and loop it in to the St. Mary's subdivision. In return for this the applicant has asked that the City pay for any pressure reducing valves required by existing customers with the installation of these improvements. Also he's asked that the City make the connection and pay for the cost of the valve and that the City continue its agreement to participate in the waterline, sanitary and street improvement costs. He has also asked that if the property owners south of the City limits opt to extend utilities that a financial arrangement can be made to share costs of the pump station associated costs and the City waive the connection fee. Questions from Council followed regarding ramifications of this proposal including fire reclassification, and loss of revenue. Mrs. Robinette suggested this proposal was not in keeping with the original negotiated agreement. Mr. Brown spoke in favor of the proposal citing benefit to the community in terms of fire protection. If the proposal is accepted Mr. Pemberton suggested that the city take over the pump station as soon as the warranty period is up. Mrs. Robinette moved to amend the Southlands short plat conditions as presented in the Dale Herrigstad P.E., letter of October 30, 2000 except that the hookup fees will not be waived. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, and Brown. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 November 9, 2000 and November 16, 2000 are approved for payment as of this date, November 20, 2000. Council vote was unanimous. 15 7 Zvember 20, 2000 - continued Claims Warrants Nov, 2000: Warrant Numbers 10336 through 10556 in the total amount of $731,036.83 Prewritten Claims Nov, 2000: Warrant Numbers 10334 through 10335 in the total amount of $10,059.13 Draw Pavroll Sep, 2000 Warrant Numbers 17862 through 17902 in the total amount of $22,808.92 Council cancelled warrants 16885 - $777.37; 9970 - $291.16; 17672 - $7,120.49; 17702 - $29,146.55; 17522 - $9,560.10; 17854 - $1,370.25 Council adopted Findings of Fact and Conclusions of Law for the Portales Conditional Use Permit for the construction of Condominiums in the CM Zone Council approved an application submitted by the Lions Club for the closure of Commercial Avenue on December 9th from 11:00 a.m. to 1:00 p.m., 2nd Street to 9th Street for the Christmas Parade. Council approved an Agreement between the City of Anacortes and the Friends of the Library for the disposal of obsolete materials. Site Visit Date — Vito Ruzich Pronertv Council set December 1, 2000 at 8:30 a.m. for the site visit to the property of Mr. Vito Ruzich, 30th and "V" Place, Industrial Park area. This Council Meeting will be continued to that date, time and place. Continued Public Hearina: Vacation of a Portion of Oreaon Avenue - Malo Mayor Maxwell reopened the Public Hearing on a Petition to Vacate a portion of Oregon Avenue submitted by Mr. Tony Malo. Mr. Christiansen stepped down from deliberation on this matter. Mr. Jim Pemberton, Director of Public Works, used overhead displays to highlight surrounding development and property relationship to the Forestlands. At its Public Hearing the Board of Adjustment recommended that Council not take action on this matter absent any clear development proposal. The Forest Board and Park Department have asked that Council consider a Native Growth Protection Easement (NGPE) or buffer strip along Blocks 68 and 69 in exchange for this right-of-way. Mr. Patrick Gastineau, Subdivision Management, 16031 119th Place NE, Bothell. spoke as a representative of the applicant. He clarified that the property included in this vacation petition is not part of the adjacent Rock Ridge development. He also explained that through previous replat activity rights- of-way in this area have already been vacated. The applicant agrees to the NGPE proposal. Mr. Gastineau referenced a memo from Mrs. Robinette outlining vacation compensation calculations. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Council discussion followed. Mrs. Robinette recommended that the applicant compensate the City for the right-of-way and also retain a 30' NGPE. Mr. Steve Mansfield, City Prosecutor, discussed payment by the property owner equal to '/z of the appraised value. If the City extracts an additional easement the argument can be made that compensation is being required in excess of %2 the appraised value. Mr. Mansfield suggested determining a way of valuing the 30' easement against the value of the property. Mr. Petrish spoke against vacating the property absent a clear need for Council action at this time and moved to deny the petition. Mr. Carlisle seconded the motion. Mr. Brown spoke in favor of vacating the right-of-way and securing the buffer. Mr. Pemberton pointed out that Oregon Avenue will not be extended. Mr. Rock moved that the matter be tabled until the applicant can provide compensation calculations for the right-of-way and easement. Mrs. Robinette seconded the motion. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, and Brown. Motion carried. Request to Abandon Easement — Allev Block 284 Anacortes Oriainal Mr. Jim Pemberton, Director of Public Works, presented a request for Council approval to relinquish an easement reserved by Ordinance No. 284, passed December 4, 1907, vacating the alley in Block 284, Anacortes Original. Public Works has asked that this easement be relinquished providing gas, power, and telephone companies agree. Mr. Carlisle so moved, seconded by Mr. Rock. Vote: Ayes — Rock, Carlisle, Petrish, Brown, and Robinette. Motion carried. There being no further business at approximately 9:00 p.m. the Mayor continued this meeting to Monday, November 27, 2000 at 7:30 p. . for the purpose of discussion a land sale — Industrial Park. Ge Khtaiarr City Clerk -Treasurer H. Dean Maxwell, Mayor / r'VcaounPcime�mber �� December 4, 2000 At 7:30 p.m. Mayor Maxwell called the regularly order. Roll call found present: Bill Carlisle, Nick Christiansen, Jeanne Robinette, and Bud Rock. Allegiance. 1578 scheduled meeting of December 4, 2000 to Petrish, Ray Sizemore, Ken Brown, Terry Roll call was followed by the Pledge of Minutes of Previous Meetinas Mr. Brown moved, seconded by Mr. Rock, that the minutes of November 20, 2000 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication Mayor Maxwell introduced Mr. Robert Hyde to the Council and to the community. Mr. Hyde will be replacing the current Public Works Director, Mr. Jim Pemberton. Mr. Pemberton will be retiring at the end of this month after 26 years of service with the City. The Council welcomed Mr. Hyde who said he is happy to be back in Anacortes and is ready to help the City achieve its goals. Consider Bids for Sewer Line Replacement Pro iect Mr. Dave Lervik, City Engineer, outlined the bids received for the reconstruction of five sanitary sewer sites and for drainage work at Washington Park. Mr. Lervik then referenced a November 29, 2000 memorandum from Gordon Bruchner, Special Project Engineer outlining the 11 bids received. Dependable Designs submitted the low bid in the amount of $96,220.10 plus sales tax. References for Dependable Designs have been contacted and responses have been favorable. The five projects {together with the drainage work at Washington Park) are: 1) 140' in alley between 7th and 8th Streets, west form "O" Avenue; 2) 350' in alley between 18th and 19th Streets, west from "N" Avenue; 3) 325' in alley between 10th and 11th Streets, west from "G" Avenue; 170' in alley between 5th and 6th Streets, east from "N" Avenue; and 5) 195' in "G" Avenue south from 7th Street. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to award this contract to Dependable Designs, Bellingham, in the amount of $96,220.10 plus sales tax. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. 4th Street Reconstruction — Acceptance of Improvements Mr. Dave Lervik, City Engineer provided a detailed summary of the 4th Street Reconstruction project. Located at 4th Street between Commercial and "V" Avenues, the project included the addition of new curb and replacement sidewalks between "Q" and "R" Avenues; the replacement of existing damaged concrete street panels, the addition of new sidewalks east of "R" Avenue, and the widening of 4th Street. Traffic Impact Fees provided funding for the project. Mr. Lervik complimented City employees Steve Lange and Gordon Bruchner for their efforts on this project. Should the Council accept this project as complete the mandatory 30 -day lien period will begin; if no valid liens are filed any retainage now held by the City will be returned to the contractor. Mr. Brown so moved, seconded by Mr. Petrish. Mr. Christiansen noted that even with additional expenditures this project was completed under budget. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 29th and 20 Street Sidewalks — Acceptance of Improvements Mr. Dave Lervik, City Engineer addressed the next agenda item: acceptance of improvements for the 24th — 291h Street Sidewalk Improvement Project. The Transportation Improvement Board provided financing for this project through the Pedestrian Facilities Program Grant plan. Mr. Lervik pointed out that this grant program will go unfunded next year. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to accept the improvements for the 24th and 29th Street Sidewalk Project thereby initiating the 30 -day lien period. If no valid liens are filed any retainage now held by the City will be returned to the contractor, Larry Brown Construction, Inc. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted 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 November 22, 2000 and November 30, 2000 are approved for payment as of this date, December 4, 2000. Council vote was unanimous. 1579 December 4, 2000 - continued Claims Warrants Nov, 2000: Warrant Numbers Payroll Nov, 2000 Warrant Numbers 10557 through 10709 in the total amount of $790,535.79 17903 through 18012 in the total amount of $289,731.56 Council adopted Resolution No. 1554 entitled "A Resolution Updating Deputy Clerk/Treasurer Positions and Repealing Prior Related Resolutions". Mayor Maxwell explained that the finalized job description for a senior account position has been published. Ordinances (2) Adoption of 2001 Budqet and Salary Ordinance Mayor Maxwell introduced two Ordinances to Council for adoption and approval. The first Ordinance adopts the Budget for all municipal purposes and uses for the year 2001. The Mayor highlighted 4 fund changes that have been made subsequent to the Council budget presentation on November 6th. As part of the approval process a second, separate Ordinance must be adopted establishing the annual compensation plan for the Mayor of the City of Anacortes. The 8 -year compensation schedule is set -out in Resolution No. 1489 adopted by Council on December 14, 1998. With that, Mr. Sizemore moved, seconded by Mr. Brown, to approve Ordinance # 2548 adopting the Budget for the year 2001 and to approve Ordinance # 2549 establishing a compensation plan for the Mayor. Discussion on the motion followed. For clarification purposes Mrs. Robinette suggested that Section 1 of Ordinance # 2549 be amended to read: "The individual holding the office of Mayor for the City of Anacortes for his eighth year....". This amendment would, in effect, cross-reference the salary schedule set out in Resolution No. 1489. Mr. Sizemore and Mr. Brown agreed to the amendment. Vote on the amended motion: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried. Purchase Aqreement: Forest Lands Mayor Maxwell then addressed agenda item 7.b, the Purchase Agreement between the Estate/Trust of S.S. McIntyre, Jr. and the City of Anacortes for the purchase of 4 acres at Whistle Lake adjacent to the City Forestlands. The sale price is $12,000. The Mayor brought this proposal to the Council in November. At that time Council authorized the Mayor to move forward with the purchase with a January 31, 2001 completion date. Historically, the Council has added property to the Forestlands. Mrs. Robinette spoke against taking action at this time without a forestland purchase policy in place. Mr. Rock spoke in favor of the proposal. With that, Mr. Christiansen moved, seconded by Mr. Rock to authorize the Mayor to enter into the Purchase Agreement with the Estate/Trust of S.S. McIntyre for the purchase of 4 acres adjacent to the City of Anacortes Forestlands. Vote: Ayes — Rock, Petrish, Sizemore, Brown, and Christiansen. No — Robinette and Carlisle. Motion carried. Artist Aqreement: Library Mr. Doug Everhart,. Library Director, presented the Council with two contracts for review and approval. The contracts authorize two committee -selected artists to provide design and planning services for artwork for the City of Anacortes Library Building Project. The artists, Lanny Bergner and Reis Niemi, were chosen through a careful and comprehensive selection process. The funding for this artwork will come exclusively from private funding; however, authorization for the contracts and administration of the agreements requires City Council approval. $50,000 has been set aside in the project budget for this task; the design contracts are in the amount of $10,000 (Niemi) and $5,000 (Bergner). With that, Mr. Carlisle moved, seconded by Mr. Brown, to approve the Design Services Agreements between the City of Anacortes and Reis Niemi in the amount of $10,000 and between the City of Anacortes and Lanny Bergner in the amount of $5,000. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried. Interlocal Aqreement with Fire District # 13 Fire Chief Richard Curtis introduced a one-year Interlocal Agreement between the City of Anacortes and Fire District # 13. Mandated by State statute, the Agreement outlines the terms and conditions of joint agency response for fire protection and emergency medical services to the March Point annexation area. Representatives from the City and Fire District # 13 have held a number of meetings to establish the terms of this agreement. The Chief explained that incident responses in the annexation area would come from both agencies. Additionally, Policies, Procedures, and a Response Plan are being developed. Mr. Ian Munce, City Attorney characterized the informal dialogue on certain aspects of the Agreement with the Firefighters union as positive. Mr. Munce further explained the dual function of the Agreement to both retain resources in order to effectively carry out public safety responsibilities and to protect the assets of Fire District # 13. Money has been budgeted in 2001 for expanded City fire service to the S. March Point annexation area. Mr. Carlisle asked for a definition of urban level of service and then suggested the following amendment to Item 1. Term. "...by beth pa#fes. District # 13, the 1580 December 4, 2000 - continued City of Anacortes, and the International Association of Firefighters Local 1537"; this proposal was not adopted. The Mayor clarified that over time contract issues will be negotiated in detail by and with all parties concerned. With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt the "Fire Protection and Emergency Medical Agreement" between Skagit County Fire District No. 13, a municipal corporation, referred to as "District", and the City of Anacortes, a municipal corporation, referred to as "City. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. No — Carlisle. Motion carried. Movie Theater Status: Next Stens Mr. Ian Munce, Planning Director, issued a status report on the movie theater development project. The original proposal was to lease a small portion of the City parking lot at 51h and "O" and to make parking available on a cooperative basis. The applicant, Piazza Construction secured a preliminary financing commitment, the local Design Review Committee reviewed the proposed design, and an appraisal was completed. Unfortunately, the proposed lender withdrew its financial commitment. (Movie industry experience suggests that new theaters should be up and running by March.) The applicant was informed by the City in early November that a signed lease is required prior to building permit issuance and that the deadline for final financing documentation submission is at month's end. In turn, the applicant requested an extension to December 15th. Staff recommends accepting the December 15th deadline request; at that time if no proposal were forthcoming Council would review any new proposals at the December 26th Council Meeting. Mayor Maxwell then asked for comments from the Council. After discussion, Mr. Carlisle moved, seconded by Mr. Rock to approve the December 15th deadline extension request. Mrs. Robinette suggested that any new applicants be notified of a 30 -day window of opportunity to submit a proposal. Mr. Petrish spoke against the motion. Vote on the motion for a December 15th deadline: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. No — Petrish. Motion carried. There being no further business, at approximately 9:00 p.m. Mayor Maxwell adjourned the meeting of December 4,, 2000. c e sK�e h aian Cit Clerk -Treasurer H. Dean Maxwell Ma or P A �� Dzr-" Councilmember 1581 December 18, 2000 At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of December 18, 2000 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinas Mrs. Robinette suggested the following clarification: Page 3, mid -paragraph, Interlocal Agreement with Fire District # 13: "Mr. Carlisle asked for a definition of urban level of service and then suggested the following amendment to Item 1, Term. "...by both parties District # 13, the City of Anacortes, and the International Association of Firefighters Local 1537; this proposal was not adopted." With that correction Mr. Carlisle moved, seconded by Mr. Sizemore to approve the minutes of December 4, 2000. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication Mayor Maxwell announced two recipients of the Mayor's Award of Merit — Rae Kozloff and Terry Slotemaker. The Mayor first acknowledged the achievements of Ms. Kozloff, Children's Librarian, including The Summer Reading Program, development of the Library Art Selection Committee, together with years of hard work and dedication in developing the Children's Library. The second recipient, Mr. Terry Slotemaker of the Museum was praised for his work with the Students Education Outreach program; the Mayor thanked him for his dedication to the Museum and to the community. The Mayor presented both employees with certificates and their names will be placed on a plaque along with other Award of Merit recipients. Reappointments: Planning Commission — Erica Pickett and Cvnthia Richardson Mayor Maxwell recommended that Mrs. Erica Pickett and' Mrs. Cynthia Richardson be re -appointed to the Planning Commission. Mr. Rock moved, seconded by Mr. Christiansen, to confirm the re -appointments. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Water Treatment Plant: Power Supply Mayor Maxwell then turned to the energy crisis faced by Anacortes and other Pacific Northwest communities. Skyrocketing energy rates for Schedule 48 customers have forced some industries to close and others to develop power source contingency plans in order to remain in operation. The Water Treatment Plant (a Schedule 48 customer) rates per megawatt hour have soared from $25-$30 in 1999 to today's rate of $450. With these unchecked increases the economy of the entire Northwest is in peril. In light of this, the Mayor recommended the following three measures designed to help the City through this crisis. 1) lease/purchase agreement for an emergency generator for the Water Treatment Facility in order to hold the megawatt hour costs to $110; 2) City of Anacortes entering as a complainant with the WTC against rates that are unsubstantiated and punishing to ratepayers (the Mayor and Public Works Director will be attending early morning hearings in Olympia to testify on this matter); 3) and to authorize the City to work with its rate consultant to investigate the effect these rates will have on our current budget, customer base, and water treatment planning process. The Mayor then introduced Mr. Bob Hyde, the City's new Public Works Director, who used two graphic representations to highlight the severe increase in the City's electric rates. Mr. Hyde also pointed to the 1 million -dollar gap between amounts budgeted for this utility and actual charges that will reflect the runaway rate hikes. Mr. Hyde explained that rates do drop after 10:000 p.m. and some Plant operations have been moved to the evening hours. The Director spoke in favor of the lease/purchase of a diesel generator to be placed at the Water Treatment Plan providing for 24/day service. Discussion followed regarding environmental concerns, residential rate increases, and lease purchase time limit. With that, Mr. Sizemore moved, seconded by Mr. Brown, to support the three steps recommended by the Mayor to address the current energy crisis. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Update on Movie Theater The City Attorney, Mr. Ian Munce, reported that due to financial constraints, Piazza Construction will not be able to finalize its movie theater package and the proposal has been withdrawn. There are two other potential theater developers; one developer has asked the Council to impose a January 2, 2001 deadline for new applications. Mrs. Robinette suggested continuing the movie theater issue to the next Council meeting in order to review any new material and to open up the matter for competitive proposals. Mr. Sizemore pointed out that the movie theater development issue has been before the Council and public for quite some time with ample opportunity for applicants to develop proposals. With that, Mr. Sizemore moved, seconded by Carlisle, to set January 2, 2001 as the deadline for any new theater development applications. Mrs. Robinette spoke against the motion; Mr. Petrish discussed the financial climate surrounding theaters; Mr. Christiansen supported the motion explaining that a number of building blocks for the project are already in place. On a question from Council the City Attorney explained that the City is not obligated to accept any such proposal submitted on the 2nd of January. Mr. Rock suggested allowing for more time. Vote on the motion: Ayes — Christiansen, Carlisle, Sizemore, and Brown. No — Robinette, Rock, and Petrish. Motion carried. Water Comprehensive Plan Update Mr. Jim Pemberton, Director of Public Works, brought forward the draft City of Anacortes Comprehensive Plan Update for Council review and discussion. The Update now before Council represents a two-year process of investigation, study and development. Mr. Pemberton introduced Mr. Wilson Binger from R.W. 1582 December 18, 2000 - continued Beck, consultant. Mr. Binger reviewed: some recommended engineering tasks that can be done in preparation for increasing Water Treatment Plant capacity; on-going improvements to the transmission lines between the Plant and the City of Anacortes; and additional storage within the City. Additionally, the Department of Health has requested a more detailed maintenance procedures manual for the in-house area. With regard to Mr. Pemberton's retirement, on behalf of R.W. Beck, Mr. Binger thanked Mr. Pemberton for his assistance, cooperation, and friendship over the last several years. In conclusion, Mr. Ian Munce, Planning Director, pointed out that Council can continue its review of the Plan Update with the final version to be adopted with the year 2000 Comprehensive Plan changes. Diamco Proiect Completion: Acceptance Mr. Jim Pemberton, Director of.Public Works, presented a request for Council to accept the Diamco Inc. Filter Media Project as complete. The Bellevue firm replaced the Filter Media in Filters #2, #4, and #6 at the Water Treatment Plant for a total amount of $118,158.27 including tax. Staff recommends that Council accepts the project as complete and that the retainage bond be released. Mr. Sizemore so moved, seconded by Mr. Christiansen. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Anacortes Airport: Comp Plan/Rezone: Possible Action Proceedings are on tape and filed at City Hall Mayor Maxwell initiated Council discussion on the Port of Anacortes Airport Rezone application. As soon as this item was introduced Mr. Carlisle moved that this proposed Comprehensive Plan amendment together with the proposed rezone be postponed until next year's Comprehensive Plan and Development Regulation changes are considered, and that the Port of Anacortes submit an updated Master Plan for consideration in these proceedings. Mr. Christiansen seconded the motion. Mrs. Robinette suggested that Council could take action on the zone boundary and buffer issues separately. Mr. Petrish spoke in favor of the motion, suggested that the Bayview Airport is underutilized, and spoke against separating issues. Mr. Sizemore suggested that the primary issue regarding the Airport is the increased noise and spoke in favor of the motion as did Mr. Rock and Mr. Christiansen. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, and Christiansen. No — Brown and Robinette. Motion carried. Approval of Vouchers/Cancellation of Warrants Mr. Christiansen moved, seconded by Mr. Brown 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 December 7, 2000 and December 14, 2000 are approved for payment as of this date, December 18, 2000. Council vote was unanimous. Claims Warrants Dec, 2000: Warrant Numbers 10710 through 10950 in the total amount of $897,804.66 Ordinance: Year 2000 Budaet Amendments Mayor Maxwell announced that this item would be held over to Tuesday, December 26, 2000. Resolution: Tourism Committee Recommendation/Aparoval Mr. Ian Munce, Planning Director, introduced a Resolution authorizing execution of tourism promotion fund contracts by and between the City of Anacortes and twelve agencies for thirteen projects. The Resolution was accompanied by a list of organizations, projects and Council Committee recommendations. The W.T. Interpretive Center proposal has been deferred; however, when the proposal is complete money will be available from either of the two 2% Motel/Hotel Tax funds. On a question from Mrs. Robinette, Mr. Sizemore explained that the annual fireworks display project is experiencing funding difficulties and does not appear on this year's proposal list. Mr. Carlisle moved, seconded by Mr. Rock, to adopt Resolution No. 1555. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Year 2000 Tourism Contract with Chamber: Amendment On behalf of the Chamber of Commerce, Executive Director Andy Mayer requested authorization from Council to amend the Chamber's Tourism Fund contract with the City. The contract includes, in part, sign work at the Ferry Terminal Road and at the entrance to downtown. The most pressing sign issue before the Chamber, however is the refurbishing of the existing welcome sign on Highway 20. The sign is in need of extensive repairs; Jamie Harju of Jamie's Signs has submitted an estimate for the work in the amount of $2,000 plus tax. The Chamber is asked for Council approval to earmark an unused portion of the approved contract to allow for the Highway 20 sign improvements. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the request. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried. Ordinance: Street Name Chanae Mr. Ian Munce, Planning Director, presented an Ordinance to Council requesting that the alley north of West 2nd Street in the Northern Pacific Addition extending west from Georgia Avenue to Anacopper Mine Road be named West 1 s' Street. Mr. Munce explained that this request comes to Council on behalf of the Police and Fire Departments in order to avoid confusion in finding the residences along this alley. There is no practical access to these properties from Oakes Avenue. Discussion followed regarding neighborhood input, maintenance of the alley, and future development in this area. With that Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2550 entitled "An Ordinance Changing the Names of Certain Streets". Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 1583 December 18, 2000 - continued Public Hearina: Shoreline Master Plan Update Mayor Maxwell opened the Public Hearing on updating the City of Anacortes Shoreline Master Plan — last amended by Council in 1975. The Planning Director, Mr. Ian Munce, explained that the Department of Ecology has submitted list of changes to the Plan. Both the Planning Commission and staff recommended approval to incorporate the recommended DOE changes. Mr. Munce characterized the recommendations as "helpful clarifications." Also there has been a negotiated compromise on the height issue on the City's urban waterfront. The agreed upon language states that it is a local option to increase structure heights from 50 to 65 feet, but anything beyond this would require a variance signed by the State Department of Ecology. After discussion, the City Council concurred with the proposed revisions to the Anacortes Shoreline Master Program. Waterline Bvoass at Swinomish Channel Feasibilitv Resort: Montaomerv/Watson Mayor Maxwell introduced Mr. Dave Voigt of Montgomery Watson. Mr. Voigt summarized the December 14, 2000 draft Technical Memorandum prepared by Montgomery/Watson regarding Segment 1 of the Waterline Replacement Project, bypass pipeline at Twin Bridges Marina. Mr. Voigt characterized the data relative to the geotechnical issues and easements. The analysis also projected effects of seismic events on the waterline and impacts from future improvements to Twin Bridges Marina. Mr. Voigt answered Council questions regarding safety factors and other issues. At approximately 9: 45 p.m., Mr. Ian Munce, City Attorney, suggested that Council convene in Executive Session to review this matter. The Mayor so ordered and at approximately 10:00 p.m. the Council reconvened. On a motion by Mr. Sizemore and second by Mr. Carlisle, Council adopted Ordinance No. 2552 entitled "An Ordinance Adopting an Amendment to the Capital Facilities Plan (CFP) for the 6 -Year Period 20001-2006 and Amending Ordinance Nos. 2536 and 3538 with regard to replacement of a section of 36inch water line adjacent to, and on the east side of, the Swinomish Channel." Vote was unanimous. At approximately 10:00 p.m. Mayor Maxwell continued the Council meeting of December 18, 2000 to Tuesday, December 26, 2000 in order to take action on an Ordinance amending the Year 2000 Budget. Geo Khtai , City Clerk -Treasurer H. Dean Maxwell, Mayor / Councilmember Continued Meeting of December 18, 2000 -- December 26, 2000 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Ken Brown, Ray Sizemore, Jeanne Robinette, Bill Carlisle, Nick Petrish, and Terry Christiansen. The Finance Director, Mr. George Khtaian, presented details of proposals relative to year 2000 budget amendments and year 2000 end cash fund transfers. After discussion, Mr. Carlisle moved that Ordinance No. 2552, "An Ordinance Amending Ordinance No. 2512 Approved and Adopted on December 6, 1999 and Entitled 'An Ordinance Adopting the Budget for All Municipal Purposes and Uses for the Year 2000"', be adopted. The motion was seconded by Mr. Brown and passed unanimously. After further discussion, Mr. Carlisle moved that Ordinance No. 2553, "An Ordinance Requesting Council Approval of Various 2000 Year -End Cash Adjustment Transfers between City Funds", be adopted. The motion was seconded by Mr. Rock and passed unanimously. The meeting adjourned at 8:00 p.m. CJerkGe y - reasurer 1� a Coupilmember H. Dean Maxwell, Mayor/