HomeMy WebLinkAbout2001 City Council Minutes1584
January 2, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled, meeting of January 2, 2001 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 Meetinas
Mr. Petrish recommended the following correction to the minutes of December 18, 2000: Anacortes
Airport: Como Plan/Rezone: Possible Action, sentence 5, add — "Mr. Petrish spoke in favor of the motion,
suggested the Bayview Airport is underutilized, and..." With that correction, Mr. Sizemore moved,
seconded by Mr. Brown, to approve the minutes of December 18, 2000 and December 26, 2000. Vote:
Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Carlisle. Motion carried.
Citizen Hearinas
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication;'
Mayor Maxwell reported on two items:
The generator is on-line at the Water Treatment Plant as of 3:00 p.m., January 2"d. The City is
generating its own electricity at the Plant for $.11 /killowatt hour. Although the generator may be a short-
term solution to the current energy crisis the City continues to actively seek solutions to the financial and
environmental consequences due to recent exorbitant rate hikes. The Mayor emphasized that this is an
energy crisis affecting all of the Pacific Northwest.
Mayor Maxwell submitted the nomination of Mrs. Cheryl Frazier as a Library Board Trustee and asked for
Council's confirmation. Mr. Sizemore so moved, seconded by Mr. Carlisle. Vote was unanimous.
The Mayor then turned to a December 29, 2000 letter from the Port of Anacortes Port Commissioners
addressed to the Mayor, Mr. Ian Munce, and to City Council members. The letter contains a "Request for
Reconsideration of Decision Regarding the Anacortes Airport Rezone and Zoning Code Amendment
Proposal". Mr. Christiansen also acknowledged receipt of the letter and clarified a recent Skagit Vallev
Herald article on this same subject. The Herald reported that the City "rejected the proposal" when the
City actually postponed taking action on the Port's rezone petition. Mr. Carlisle then turned to the 4th
guideline referenced in the December 29, 2000 letter which states "The Master Plan will not include an
instrument landing system that requires the purchase of adjacent residences." Mr. Carlisle said that this
item in particular underscores the necessity for the development of an Airport Master Plan. Mr. Carlisle
also suggested that funding is available to correct safety concerns at the airport, including fencing and
runway improvements, and that resolution of these problems is not tied to the rezone issue. A January 2,
2001 letter from Jane Lloyd and a December 31, 2000 letter from Betsy Oesterreicher were submitted in
response to the Port's request for reconsideration.
Mrs. Robinette asked the City Attorney to clarify that Mr. Paul Doyle did not receive notice of the January
2nd movie theater proposal deadline.
Movie Theater Proposals
The City Attorney, Mr. Ian Munce, reviewed action previously taken by Council to extend the deadline for
move theater proposals to end of business, January 2"d. Proposals were received from Anacortes
Cinema and from Mr. Paul Doyle. Mr. Munce requested that the January 2nd meeting be continued to
Monday, January 8th so that Council can review the proposals before them. Additionally, a meeting of the
Theater Advisory Committee has been scheduled for January 3`d to review the proposed building designs.
Mr. Pat Brunson and David Saunders, Heritage Construction Group, spoke first. Their firm together with
Mr. Steve Lange, recently completed the Ocean Shores Cinemas a project similar to the 3 -screen
Anacortes proposal at 5th Street and "O" Avenue. Funding with Whidbey Island Bank looks positive and
on .a question from Mrs. Robinette, the applicants confirmed that they are familiar with the terms of the
lease agreement. Mr. Paul Doyle submitted a copy of his proposal to Council but opted not to speak at
this time as his contractors are out of town. A copy of the lease agreement will be forwarded to Mr.
Doyle.
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 21, 2000 and December 28, 2000 are approved for payment
as of this date, January 2, 2001. Council vote was unanimous.
Claims Warrants
Dec, 2000: Warrant Numbers 10951 through 11115 in the total amount of $632,465.95
Draw Pavroll
Dec, 2000: Warrant Numbers 18014 through 18057 in the total amount of $26,728.92
Interim Sian Ordinance — March Point
Mr. Ian Munce, Planning Director, introduced an Interim Ordinance for review and approval. Mr. Munce
explained that when the City annexed the March Point area applications for sign permits along Highway
20 would be handled on a case-by-case basis through the Conditional Use process. Development of a
new sign ordinance would follow after study and review. Through this process the Planning Commission
and Council have been able to assess the needs of this area. The Ordinance now before Council,
recommended for approval by the Planning Commission addresses square footage for signs on side
streets as well as on the Highway 20 corridor. The Interim Ordinance will be in effect until the Council
makes a final decision on the 22nd of this month or shortly thereafter. Existing permits obtained through
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January 2, 2001 - continued
the Conditional Use process will not be affected by passage of this interim ordinance. With that, Mr.
Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2554 entitled "An Interim
Ordinance Amending the Anacortes Municipal code, Title 17, Zoning, by Adding a New Section 17.40.085-
Providing
7.40.085Providing for Permitted Locations; Providing for Severability; Providing for Repealer; and Providing for an
Effective Date." Vote: Ayes — Christiansen, Robinette, Carlisle, Petrish, Sizemore, and Brown. Motion
carried.
At approximately 8:15 p.m. Mayor Maxwell continued the Council meeting of January 2, 2001 to January
8, 2001 for the purpose of review/decision on the Anacortes Theater proposals, and review/decision on
settlement agreement h Skagit County and Twin Bridge.
Ge r e Kh aian, Cit Glerk-Treasurer H. Dean Maxwell, Mayor
6"
uncilmember
Continued Meeting of January 2, 2001 -- January 8, 2001
Mayor Pro -Tem Christiansen called the meeting to order at 7:30 p.m.
Roll call found present: Councilmembers Ray Sizemore, Jeanne Robinette, Terry Christiansen, Bud
Rock, Ken Brown, Bill Carlisle, and Nick Petrish. Absent: Mayor Dean Maxwell.
The City Attorney, Mr. Ian Munce, described the current status of the movie theater proposals. The
Council then discussed the details of the lease proposal submitted by Anacortes Cinemas, together with
the proposed building design. Mr. Jack Mayer, representing a movie cinema advocacy committee, spoke
in favor of the Anacortes Cinemas proposal and the design, as currently proposed. Mr. Bill Mitchell
testified that the project was a sound one and that he was pleased that he would be able toinstall some
murals on the cinema. After discussion, Mr. Sizemore moved that the City accept the proposal as
submitted by Anacortes Cinemas. The motion was seconded by Mr. Carlisle and passed unanimously.
City Attorney, Ian Munce, described the details of a proposed settlement with the Twin Bridge Marina
project. After discussion, Mr. Sizemore moved that the City Council authorize the Mayor to enter into the
settlement agreement as presented. The motion was seconded by Mr. Carlisle and passed unanimously.
The meeting adjourned at approximately 8:30 p.m.
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George�an, ' y Clerk -Treasurer
H. Dean Maxwell, Mayor
auncilm"
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1586
January 16, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of January 16, 2001 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. Brown moved, seconded by Mr. Sizemore, that the minutes of January 2, 2001 and January 8, 2001
be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and
Carlisle. (Mr. Rock abstained from voting on the minutes of January 2, 2001). Motion carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication:
Mayor Maxwell reported that he had attended the final oral arguments before the Washington Utility and
Trades Commission. The arguments are in conjunction with complaints against the exorbitant rates PSE
has levied its Schedule 48 customers. The Mayor described how PSE arrives at the current rates; he
also pointed out the many challenges that have been faced in obtaining relief from these rates. The
Mayor concluded by pointing out that PSE is a public service agency that has lost sight of both the
customers it serves and of the responsibility to make rates fair and reasonable.
The Mayor then read a Proclamation proclaiming January 28, 2001 — February 3, 2001 as Toastmasters
Week in Anacortes. The local Chapter of Toastmasters meets at Village Pizza on Mondays at noon.
Mrs. Robinette asked that a Council Study Session be scheduled prior to a Public Hearing on the 2000
Comprehensive Plan and Development Regulation amendments. Mr. Ian Munce, Planning Director,
explained that the Public Hearing scheduled for this matter will allow for neighborhood testimony on a
Petition to Rezone but that there will also be ample time to devote to the deliberative process for the
remaining proposed 2000 code changes.
Consent Aaenda
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.
Mr. Brown initiated a discussion on the wide range of bids offered within the County for newspaper
services for legal notices publication.
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 4, 2001 and January 11, 2001 are approved for payment as of this date, January 16, 2001.
Council vote was unanimous.
Claims Warrants
Jan, 2000: Warrant Numbers 11116 through 11309 in the total amount of $909,219.79
Payroll
Dec, 2000 Warrant Numbers 18058 through 18169 in the total amount of $291,052.75
Council adopted Resolution No. 1556. entitled "A Resolution Naming Official City Newspaper for Year
2001 ".
Council adopted Ordinance No. 2555 entitled "An Ordinance Adopting a New Shoreline Master Plan for
the City of Anacortes and Repealing Ordinance No. 1908".
Closed Record Meetinq: Conditional Use Permit — Jurkovich — Hiahwav Sian
Mayor Maxwell initiated the Closed Record meeting on a Conditional Use Application submitted by Mr.
Paolo Jurkovich for the installation of an 8 x 12 advertising sign at 8853 Stevenson Road. Mr. Ian Munce,
Planning Director, discussed the issue of signage along the annexed area adjacent to Highway 20.
Because of recent code changes all subsequent applications for highway signs will be subject to the new
sign standards. Using an overhead display, Mr. Munce pointed out the characteristics of the property,
dimensions of the sign. The Planning Commission held a Public Hearing on this matter; there were no
public comments and no appeals. The proposed sign fits within the Planning Commission's
recommendations for a Highway 20 corridor sign. The sign will be lit. Following discussion, Mr. Brown
moved, seconded by Mr. Sizemore, to approve the Conditional Use application for an 8 x 12 sign at 8853
Stevenson Road. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore.
Motion carried.
Non -Collectible Accounts Write-off and Collection Aaencv Aareement
Mr. George Khtaian, Finance Director, presented two account write-off lists for Council review and
possible action. The lists included various miscellaneous and utility accounts for write-off. Pursuant to
Resolution No. 740 uncollectible accounts are to be submitted to the City Council for write-off approval.
Council members then reviewed specific accounts and discussed the steps taken by the City to collect
payment. Mr. Khtaian also presented an agreement between the City of Anacortes and Debt Recovery
Specialists for the soliciting and collecting payment of claims. After discussion, Mrs. Robinette moved
seconded by Mr. Brown, to approve write-off of certain Miscellaneous and Utility delinquent accounts as
outlined in a January 10, 2001 memorandum from the Finance Director to Mayor and Council. Included
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January 16, 2001 -- continued
in the motion is authorization for the Mayor to enter into an Agreement between Debt Recovery
Specialists and the City of Anacortes for claim collection services. Vote: Ayes — Christiansen, Robinette,
Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
Council Committee Assianments
Mayor Pro -tem Christiansen announced that the Council Committee Assignments has been scheduled for
a Study Session.
At approximately 8:30 p.m. the Mayor announced that this meeting is continued to Monday, January 22,
2001 in order to conduct a Public Hearing on the Year 2000 Comprehensive Plan and Development
Regulation changes.
George Kh ian, CVy Clerk- reasurer H. Dean Maxwell, Mayor
Council -member
Continued Meeting of January 16, 2001 -- January 22, 2001
Mayor Dean Maxwell called the continued meeting to order at 7:30 p.m.
Roll call found present Counciimembers Jeanne Robinette, Terry Christiansen, Bill Carlisle, Bud Rock,
Nick Petrish, and Ken Brown. Absent: Ray Sizemore.
Mayor Maxwell then opened a public hearing on the year 2000 Comprehensive Plan and Development
Regulations proposed amendments. The Planning Director, Mr. Ian Munce, introduced a January 17,
2001 submittal in this regard, explaining that the item that he considered would receive most public
comment was the proposed rezone/comprehensive plan amendment for Block 72 and the west half of
Block 64 from light manufacturing to residential high density. Mr. Munce added that he had notified
property owners within 300 feet of this proposed rezone area of this public hearing.
Mr. Mel Brown spoke in favor of maintaining the residential character of this neighborhood. Mr. Ken de
Russy protested the lack of notice to him, stating that he had specifically asked for such notice and it had
not been provided. Mr. de Russey went on to state his opposition to the proposed rezone.
Mr. George Mehler testified in support of two changes that he had recommended: (1) a 500 foot buffer
setback in the R2 zone from the R3 zone such that duplexes could not be approved through the
conditional use process and (2) a tightening of the language regarding expanding non -conforming
structures. Mr. Ross Barnes testified in support of three proposals that he had submitted regarding: (1)
noxious weeds, (2) a total 100,000 square foot cap on commercial floor space in the CMI zone, and (3) a
specific trail corridor proposal between the airport and Volunteer Park and the ACFL. Mr. Barnes argued
that the Planning Commission's language in the latter regard was too weak. Ms. Marcia Hunt, speaking
for Friends of the ACFL, stated her group's support for the Planning Commission's recommendation in
this regard.
There being no further public comment, the Mayor closed the public hearing but allowed for additional
written testimony to be received by the City prior to the February 12 work session at which the Council
would further consider the year 2000 amendments.
The meeting adjourned at approximately 8:45 p.m.
George K7ht Cit Clerk rr asurer :be Maxwell, Mayor
7councilmember
February 5, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of February 5, 2001 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 Meetings
Mr. Sizemore moved, seconded by Mr. Brown, that the minutes of January 16, 2001 and January 22,
2001 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock,
and Carlisle. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication;
With regard to the recent fire at the Majestic Hotel, Mayor Maxwell explained that four regional ATF
response teams have been on hand to investigate the fire; the Mayor clarified that ATF manpower is
federally funded. Due to quick City response the building's structure is intact. The Mayor commended
the Anacortes Fire Department for its performance during this major event.
Mayor Maxwell then reported that as a result of the City's efforts to address the recent exorbitant PSE
rate hikes, there appears to be some significant movement on the issues raised by the complainants
against PSE. City representatives were recently in Washington to help highlight this Pacific Northwest
crisis. The Mayor thanked our legislative contingent for its support and expressed appreciation for the
opportunity to address the Chair of Federal Energy Regulatory Committee (FERC).
The Mayor then read a Proclamation proclaiming May 3, 2001, as the Day of Prayer in Anacortes,
Washington. The Proclamation concludes "...,and I urge all citizens to join me in this special
observance."
Ms. Audrey Smith, Tulip Festival Executive Director, distributed brochures for the 18th annual Skagit
Valley Tulip Festival, April 6th through the 22"d. Ms. Smith thanked the Mayor and Council for the
contribution from the City's Hotel/Motel 2% funds. The funding provides for the annual production of
300,000 brochures. Ms. Smith then discussed Tulip Festival Board make-up, use of SKAT transit, use of
brochures, and Tulip picnics. Mrs. Robinette complimented the brochure layout.
Mr. Christiansen announced the following Council Committees for the balance of 2001: Public Safetv —
Sizemore, Brown, and Carlisle; Public Works — Christiansen, Sizemore, and Rock; Parks — Robinette,
Rock, and Petrish; Personnel — Christiansen, Robinette, and Rock; Port/City Liaison — Robinette, Carlisle,
and Brown; Finance — Christiansen, Robinette, and Carlisle. Mr. Christiansen recommended that each
Committee select a Chairperson.
Mrs. Robinette reported that she will forward her comments on the Comprehensive Plan adoption of the
Water System Plan prior to full Council review.
17th Street Improvements — Update
Mr. Dave Lervik, City Engineer reported that there were sufficient bid irregularities on the 17th Street
Improvement Bids to halt the bid process. After staff and legal review, the Engineering Department
recommends that the City re -advertise the project. Perteet Engineering has agreed to cover the costs of
reprinting the bid documents. Mr. Brown moved, seconded by Mr. Christiansen, to reject all bids and to
re -bid this project. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish.
Motion carried.
Mayor Maxwell reported that Engineering has submitted two successful grant applications for signals at
12th Street and "M" Avenue and 12th Street and "D" Avenue.
2000 Street Overlav
Mr. Dave Lervik, City Engineer explained that the 2000 Street Overlay and Repair program, awarded to
Lakeside Industries in the amount of $468,815.90 is complete. Mr. Lervik then itemized the overlay
project locations. Discussion followed regarding funding. With that, Mr. Rock moved, seconded by Mr.
Carlisle, to accept the 2000 Street Overlay and Repair Program as complete thereby initiating the'
mandatory 30 -day lien period; if no valid liens are filed retainage now held by the City will be returned to
the contractor. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore.
Motion carried.
Bid Award: Stevenson Road Waterline and Fire Flow Meters
Mr. Dave Lervik, City Engineer reviewed the 12 bids received for the Stevenson Road Waterline and
Turbo Fire Flow Water Meter project. The work will include the replacement of approximately 700 feet of
6 -inch waterline with 8 -inch ductile iron pipe in accordance with the agreement with Skagit County Public
Utility District relating to the purchase of waterlines within the annexation area. .Discussion followed
regarding the wide range of bids received. Following discussion, Mr. Sizemore moved, seconded by Mr.
Petrish, to award the project bid to Larry Brown Construction, Bellingham, in the amount of $67,867.95.
On a question from Mr. Sizemore, Mr. Lervik verified that should Brown Construction for any reason be
unable to move forward with the project the award would go to the second low bidder, Dependable
Designs, Bellingham. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and
Brown. Motion carried.
February 5, 2001 -- continued
Consent Agenda
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
(Finance Director) and subsequently reviewed anc
January 18, 2001, January 25, 2001, and February
February 5, 2001. Council vote was unanimous.
audited and certified by the City's Auditing Officer
approved by the Council Finance Committee on
1, 2001 are approved for payment as of this date,
Claims Warrants
Jan, 2001: Warrant Numbers 11310 to 11538 in the total amount of $1,055,958.15
Payroll
Jan, 2001 Warrant Numbers 18213 through 18323 in the total amount of $291,400.63
Council also cancelled Warrant # 8950 in the amount of $5,360.75
Council adopted Resolution No. 1557 setting March 5, 2001 as the Public Hearing date on a Petition to
Vacate the alley in Block 2, Grays Addition.
Surplus Equipment — Water Treatment Plant
Mr. Bob Hyde, Public Works Director, introduced a January 19, 2001 memorandum from William LaRue,
Plant Manager listing surplus equipment from the Water Treatment Plant. Mr. Hyde requested Council
approval to include the items in the upcoming City-wide surplus equipment sale. Mr. Brown moved,
seconded by Mr. Rock, to surplus the equipment referenced in Mr. LaRue's January 19th memorandum.
Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried.
Approval to Solicit Bids: Engine Generator Anaco Beach Road Pump Station
Mr. Bob Hyde, Director of Public Works, explained that Marine View Heights addition is required to
provide for the installation of a standby generator at sewage pump station # 16 on Anaco Beach Road. In
the process of project development, easement issues were uncovered. Mr. Hyde also described
structural problems with the pump station; John Franz, Water Treatment Plant Manager has developed a
plan to move the control panel enclosure. Staff recommends moving forward with obtaining bids for all
the work including purchase and installation of the generator. Mr. Rock suggested that when the project
is completed some protection from the road be provided. Screening was also discussed. Mr. Franz
emphasized that effort will be made to consider aesthetics. After discussion, Mr. Sizemore moved,
seconded by Mr. Rock, to authorize staff to proceed with bid solicitation. Vote: Ayes — Carlisle, Petrish,
Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried.
Approval to Solicit Bids: Carbon Monoxide Monitor — Wastewater Treatment Plant
Mr. Bob Hyde, Director of Public Works, presented a request to Council for authorization to proceed with
bid solicitation for a Hydrocarbon Emissions Monitor. Mr. Hyde referenced recent changes to EPA
regulations allowing for monitoring carbon monoxide in lieu of monitoring for unburned hydrocarbons.
Monitoring will be done by a dedicated computer system. Following discussion, Mr. Sizemore moved,
seconded by Mr. Carlisle, to authorize staff to proceed with bid solicitation. Vote: Ayes — Petrish,
Sizemore, Brown, Robinette, Rock, and Carlisle. No — Christiansen. Motion carried.
Contract for Public Defender 2001
Mr. Ian Munce, City Attorney, presented a contract to Council for review and approval. The contract,
between the City of Anacortes and Cindy Tims, is for the purpose of providing attorney services/indigent
defense. Mr. Munce, on behalf of the legal division, thanked Council for the excellent new municipal court
facilities. Mr. Munce then emphasized the marked increased in
Municipal Court caseload. Ms. Cindy Tims, the current Public Defender, reports a 60% increase in
caseload. Recommendation is for approval for a one-year contract term. Mr. Sizemore, Safety
Committee member, supported Mr. Munce's comments. With that, Mr. Carlisle moved, seconded by Mr.
Brown, to authorize the Mayor to enter into the one-year contract between the City of Anacortes and
Cindy Tims, Attorney at Law. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle,
and Petrish. Motion carried.
At approximately 9:00 p.m. the Mayor announced that this meeting is continued to Monday, February 12,
2001 in order to conduct a Public Hearing on the Year 2000 Comprehensive Plan and Development
Regulation ges.
Geor htaian, City Clerk reasurer H. Dean Maxwell, Mayor /
Counci��,5��2mgber?_____,
1590
Continued Meeting of February 5, 2001 -- February 12, 2001
Mayor Maxwell called the continued meeting to order at 7:30 p.m.
Roll call found present: Councilmembers Bud Rock, Terry Christiansen, Ray Sizemore, Ken Brown, Nick
Petrish, and Bill Carlisle.
The City Engineer, Mr. Dave Lervik, presented the bids received on the downtown sidewalk replacement
project. After discussion, Mr. Christiansen moved that the bid be awarded to Larry Brown Construction in
the amount of $76,734.20. The motion was seconded by Mr. Brown and passed unanimously.
The Planning Director, Mr. Ian Munce, presented a movie theater Lease Amendment for Council
consideration. Mr. Munce explained that the movie theater lease had now been executed by all parties
but utility issues required that the movie theater be built on the south, rather than the north, side of the
City parking lot. The Lease Amendment changed the legal description accordingly. After discussion, Mr.
Carlisle moved that the Lease Amendment be approved as submitted. The motion was seconded by Mr.
Brown and passed unanimously.
Mayor Dean Maxwell than opened a public hearing on the year 2000 Comprehensive Plan and
Development Regulations changes. The Planning Director, Mr. Ian Munce, explained that the required
newspaper notice did not run for the hearing that the City Council held on January 22, 2001. Accordingly,
this new public hearing had been scheduled with appropriate notices and a transcript of the January 22
meeting prepared. Mr.* Munce then formally submitted this January 22 transcript into this evening's public
hearing record, together with all of the correspondence and materials submitted prior to and during the
January 22 City Council meeting.
The Planning Director then noted receipt of the following written materials into this evening's public
hearing record:
• a February 10, 2001 e-mail from Councilmember Robinette relative to the CM1 zone density
• a February 8, 2001 memorandum from the Friends of the ACFL Board relative to trail and greenway
corridor projects between the airport and Volunteer Park and the forestlands
• a January 30, 2001 letter from Trident Seafoods opposing the rezone from LM to R46
• a February 10, 2001 letter from Mr. Joel Douglas urging that electronic reader signs be permitted at
South March Point.
Mr. Al Johnson, a proponent of the rezone from LM to R413 adjacent to Trident Seafoods, testified in favor
of the rezone. Mr. Mark Pendell spoke in opposition to the rezone, stating that he could support a rezone
from LM to R3. Mr. Rick Haley, representing both the Park and Forest Boards, stated their support for trail
corridors between the airport and Volunteer Park and the City forestlands. Mr. Curt Oppel testified in
opposition to the imposition of a 500 -foot buffer zones for triplexes and fourplexes in the R3 zone (Mr.
George Mehler's proposal).
The public hearing was closed.
The meeting adjourned at approximately 8:30 p.m.
..�-9 -
Geor Khtaia City4urerH. Dean Maxwell, Mayor
Councilmember
1591
February 20, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of February 20, 2001 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 Meetings
Mr. Petrish moved, seconded by Mr. Sizemore, that the minutes of February 5, 2001 and
February 12, 2001 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown,
Christiansen, Robinette, Rock, and Carlisle. Motion carried.
Citizen Hearinqs
Mr. Don Munks, Skagit County Commissioner, stepped forward to thank the Mayor and City
Council for the use of City Hall office space on Fridays, from 9:00 a.m. to 4:00 p.m. Starting
February 23, 2001 the former court clerks office will be available for citizens to meet with the
Commissioner "...to discuss public issues that relate to the County".
Mayor/Council Communication
Reporting on concerns from his wardmembers, Councilman Petrish highlighted the following: (1)
the numerous trucks and trailers parked along "T" Avenue; (2) RV's parked on "T" Avenue and
on the MJB property with people living in the vehicles; and (3) use of English Ivy for
landscaping/ground cover along "Q" Avenue rather than salal. The Mayor said that all issues
would be forwarded to the appropriate department. Mr. Ian Munce, Planning Director, explained
that an informal policy has been followed with regard to trucks parking short-term in the
Industrial Park area rather than on residential streets.
Referencing recent Park Board discussions regarding realigning a portion of the rail corridor,
Councilman Christiansen suggested that the Council again review its established policy for the
corridor.
CH2M Hill — CO Monitor — Services Durinq Construction — Contract Award
Mr. Bob Hyde, Public Works Director by way of background explained that the Council
previously approved a contract for the installation of a CO monitor at the Wastewater Treatment
Plant incinerator for a total project cost of $200,000. The request now before Council is to
amend the contract with CH2M Hill for expanded services during construction. Discussion
followed regarding the expensive equipment required to perform this testing function. However,
the Federally mandated Clean Air Act requires that the City change its monitoring system from
hydrocarbon to the more expensive carbon monoxide testing package. With that, Mr. Sizemore
moved, seconded by Mrs. Robinette, to authorize the Mayor to enter into an agreement with
CH2M Hill to provide services during construction of the incinerator carbon monoxide
continuous emission -monitoring project. Mr. Rock strongly opposed the expenditure. Mr. John
Franz, Plant Manager, fielded questions from Council on the broad range of tasks to be
performed under this contract. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock,
Carlisle, and Petrish. Motion carried.
Consent Agenda
Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda item.
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 February 8, 2001 and February 15, 2001 are approved for payment as of this
date, February 20, 2001. Council vote was unanimous.
Claims Warrants
Feb, 2001: Warrant Numbers 11540 through 11719 in the total amount of $884,436.87
Prewritten Claims
Feb, 2001 Warrant Number 11539 in the total amount of $7,966.41
Resolution: Fixed Assets Policy
Councilman Christiansen asked that this item be removed from the Consent Agenda so that the
public could have an opportunity to learn about the method used to protect and manage City
property. Mr. George Khtaian, Finance Director explained that the new Fixed Asset policy is
driven, in part, by the State Auditor's direction. Mr. Khtaian focused on two issues (1) the new,
higher limits for capitalization, and (2) small, attractive asset inventory and control. Charts were
distributed to the Council for study. After discussion, Mr. Brown moved, seconded by Mr.
1592
February 20, 2001 -- continued
Sizemore, to adopt Resolution No. 1558 entitled "A Resolution Establishing a Fixed Asset
Policy and Repealing Resolution No. 781, dated October 17, 1983." Vote: Ayes - Christiansen,
Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
2000 Comprehensive Plan and Development Requlation
Mr. Ian Munce, Planning Director, explained the annual Comprehensive Plan and Zoning Code
amendment and review process. Two items have been brought forward for Council review and
potential action.
The first amendment deals with a proposed 500' buffer in the R 3 zone. In the R 3 zone single-
family homes and duplex are permitted and triplexes and fourplexes are allowed as Conditional
Uses. Mr. George Mehler had suggested establishing a density buffer between the R 3 and R 2
zones in which triplexes and fourplexes would not be allowed as conditional uses. The Planning
Commission recommended against this proposal. After discussion Mr. Christiansen moved,
seconded by Mr. Brown, to support the Planning Commission's recommendation to deny the
500' density buffer in the R 3 zone. Vote: Ayes - Robinette, Rock, Carlisle, Petrish, Sizemore,
Brown, and Christiansen. Motion carried.
The second proposed amendment deals with a Petition to Rezone submitted by Alan Johnson
to rezone Block 72 and the West'/2 of Block 64, Anacortes Original from LM to R4B. This would
allow for existing residential property to both remodel as a matter of right and to maintain the
residential character of the neighborhood. A suggestion was made during the Planning
Commission Public Hearing to designate the area R 3 in keeping with the adjacent residential
zoning. Also, Trident Seafoods, located in the LM Zone expressed concern that over time their
processing plant, permitted by the current LM zoning, would become vulnerable to complaints
about the nature of their operation adjacent to a residential zone. The Planning Commission
recommended against this proposal. Mrs. Robinette said that she would not support the change
at this time, but that a more comprehensive development plan for this area could be discussed
should the applicant wish to reapply in the future. Discussion followed. Mr. Petrish moved,
seconded by Mr. Carlisle, to deny the rezone request. Vote: Ayes - Rock, Carlisle, Petrish,
Sizemore, Brown, Christiansen, and Robinette. Motion carried. Mr. Munce reported that a
Petition to Rezone this area to R 3 may be presented for the Year 2001 Amendment review.
Public Hearing: Update to Six -Year Transportation Improvement Proaram
Mayor Maxwell opened the Public Hearing on the annually adopted Six-year Transportation
Improvement Plan (TIP). Mr. Dave Lervik, City Engineering, explained that each municipality
adopts its awn TIP which is compiled into a State TIP. The item now before Council is an
interim amendment to the City's TIP that would be amended to the STIP. Mr. Lervik reported
that the City has received a TEA -21 grant in the amount of $99,475 for the Thompson Parkway
Scenic Overlook to purchase property along the Parkway Trail to provide for a scenic overlook,
beach access and an area to place rest -stop amenities for the Trail. In order for these funds to
be accessed the current TIP must be amended to include this project. Mr. Petrish said that he
would like to recommend consideration of a sandy beach area near Weaverling Spit. There
were no comments form the audience and the Mayor declared the Public Hearing closed. With
that Mr. Carlisle moved, seconded by Mr. Rock, to approve the amendment to the City's TIP to
include the Thompson Parkway Scenic Overlook. Vote: Ayes - Carlisle, Petrish, Sizemore,
Brown, Christiansen, Robinette, and Rock. Motion carried.
Kiwanis Reauest for Citv Survev Sponsorship
Mayor Maxwell presented a request from the Kiwanis Sunriser Club to include a Community
Improvement Survey with one of the City's monthly utility billings. Mr. Ian Munce, City Attorney,
suggested that each request of this nature should be brought to Council for review and
approval. Mr. Carlisle asked if the Club was also pursuing other methods of questionnaire
distribution. After discussion, Mr. Christiansen moved, seconded by Mr. Christiansen, seconded
by Mr. Brown, to approve the request. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen,
Robinette, Rock, and Carlisle. Motion carried.
At approximately 9:00 p.m. the Mayor announced that Council would convene in Executive
Session to discuss a potential land sale and labor negotiations. At 9:30 p.m. the Council
reconvened and without taking any further action the meeting was adjourned.
George'Chtaia City XCr'e-r"l reasurer H. Dan Maxwell, Ma r
Councilmember
1593
March 5, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of March 5, 2001 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 Meetinas
Mr. Petrish moved, seconded by Mr. Brown, that the minutes of February 20, 2001 be approved
as if read. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion
carried.
Citizen Hearings
There were no citizens present who wished to testify on matters not on the agenda.
Mayor/Council Communication.
Mayor Maxwell made known that the City's new 105' Quint ladder truck has arrived at the Fire
Department. The Mayor thanked Equilon, the Oil and Atomic Chemical Workers Union, and the
community for their support during the acquisition of this major benefit to the City.
The Mayor then acknowledged Museum Board members in the audience and the Acting
Museum Director, Mr. Garry Cline. Referencing the successful exhibits developed by Mr. Cline,
the Mayor asked for Council confirmation of Mr. Cline's appointment as the Museum Director.
Mr. Brown so moved, seconded by Mr. Christiansen. Vote: Ayes — Brown, Christiansen,
Robinette, Rock, Carlisle, and Petrish. Motion carried. Mrs. Robinette praised the recent
museum exhibits.
Mr. Peter Browning, Director of the Skagit County Health Department, thanked the Mayor and
Council for the opportunity to review the services provided by the Health Department. Mr.
Browning focused on three areas of concern; that all program development be driven by data,
that prevention is the primary role of public health, and that projects be community oriented.
Future areas of interest will be water and sewer. Mr. Browning reviewed the other Health
Department responsibilities including restaurant inspection, disease prevention education, well
protection programs, public health nursing, septic tank approvals, and prevention of new AIDS
cases.
Councilman Christiansen reminded the public that March 10th will be the second Saturday of the
month — the day when extra household refuse can be taken to the City Shop for disposal.
Consent Aqenda
Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda item.
Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. 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 February 22, 2001 and March 1, 2001 are approved for payment as of this date,
March 5, 2001. Council vote was unanimous.
Claims Warrants
Feb, 2001: Warrant Numbers 11722 through 11896 in the total amount of $1,353, 236.31
Prewritten Claims
Feb, 2001 Warrant Numbers 11720 and 11721 in the total amount of $39,125.00
Draw Pavroll
Feb, 2001 Warrant Numbers 18324 through 18366 in the total amount of $25,007.50
Sponsorship of Quilt Show Sions
Mr. Ian Munce, City Attorney, presented a request from the Fidalgo Island Quilters for
permission to put directional signs around town announcing their quilt show on April 16th through
April 21St. The signs, as requested, do not fall within what is allowed by ordinance. City staff
and the Police Chief reviewed the application and sign locations and recommend approval. Ms.
Kaylene Farley, Chairman of the 2001 quilt Show reported that the quilt walk and show are
sanctioned Tulip Festival events. Ms. Farley then listed the 7 intersections where directional
signs will be placed; there will be two banner signs at the Ferry Terminal Triangle and at City
Hall. The purpose of the banners is to encourage attendees and to direct quilters to the show.
Last year's show drew over 2,000 paid attendees. After discussion, Mr. Carlisle moved,
seconded by Mr. Christiansen, to approve the Fidalgo Island Quilters sign request. Vote: Ayes
— Robinette, Rock, Carlisle, Petrish, Brown, and Christiansen. Motion carried.
1594
March 5, 2001 -- continued
Public Hearing: Petition to Vacate the Allev in Block 2 of Grays Addition to the Citv
Mayor Maxwell opened the Public Hearing to review a Petition to Vacate submitted by Gary
Henry, Kathleen Tibbetts, and Andy and Joan Pitz for the vacation of all of the alley in Block 2,
Gray's 2nd Addition to the City of Anacortes. Mr. Bob Hyde, Public Works Director, presented an
overhead showing the right-of-way to be vacated and one showing the adjacent development
pattern. This vacation would provide each of the houses at the site with additional property thus
freeing the house of setba* concerns. The Board of Adjustment (BOA) held a Public Hearing
on this matter and voted to recommend approval. The applicant testified at the BOA Hearing
that although there are currently no plans, this area will be developed in the future. The BOA
noted that future development could require a replat since currently there is no platted access to
Lots 13-20.
The Mayor then opened the Hearing to public testimony. Mr. Mike Davenport, 1519 38th St., is
property owner the north of Block 2. He asked about future improvements to undeveloped
Summer Street lying between Block 2 and Mr. Davenport's property. The Planning Director
stated generally that for new projects construction of a road would be a requirement of the
developer. There were no further comments and the Mayor closed the Public Hearing. Mrs.
Robinette gave the Council copies of a map she had prepared showing adjacent development
and uses. After discussion, Mr. Christiansen moved, seconded by Mr. Brown, to approve the
vacation of the alley in Block 2, Gray's 2nd Addition to the City of Anacortes. Vote: Ayes —
Rock, Carlisle, Petrish, Brown, Christiansen, and Robinette. Motion carried.
Closed Record Meetinq: Malland Meadows Preliminary Plat
Mayor Maxwell commenced the Closed Record review of the Malland Meadows Preliminary Plat
application submitted by Mr. Phillip Rhodes for a 14 -lot subdivision (3 lots are proposed for
duplexes) on 3.63 acres generally located at 35th Street and "K" Avenue. The property is zoned
R 3. Mr. Christiansen disclosed that he lives at the corner of 33`d and "K" Avenue, 2 blocks from
the project site. There were no objections from the audience to his participation in this matter.
Mr. Ian Munce, Planning Director, first used an overhead display to show the project vicinity;
also highlighted was that platted 35th Street will provide access to the project site. Mr. Munce
then explained the access issues for property in all directions of the proposed plat. He also
used an overhead showing the lot layout, the Ace of Hearts Creek and buffer location, the
detention pond location, the stormwater easement location, the emergency access connections
to 36th Street, and pedestrian and bicycle connections to "K" Avenue. The Planning
Commission recommended approval of the project subject to 28 conditions. No appeals were
filed. The meeting videos and all materials were forwarded to Council prior to the close of the
Public Hearing. No Council comments or questions were submitted. Ms. Kathy Janke, Land
Use Permits, explained that background on the project name selection. The Anacortes pioneer
Malland family asked the Mayor to consider the use of the name Malland on any future City
street. Mr. Rhodes had selected names for his project already used by building complexes in
town. Mr. Rhodes graciously offered to use the Malland name for his project and the family
concurred.
Mrs. Robinette distributed a map to Council and addressed the need to maintain access to
future building sites. Mrs. Robinette recommended amending Condition # 10 to allow for a 25'
wide road/sewer/power easement. Mr. Christiansen spoke against creating an opening for a
future substandard street. Lengthy discussion followed regarding the value of cul-de-sacs. Mrs.
Robinette thanked the Mayor for the opportunity to discuss a street system plan in this area. At
the end of the discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the Malland
Meadows Preliminary plat subject to the 28 conditions recommended by the Planning
Commission. Vote: Ayes — Carlisle, Petrish, Brown, Christiansen, Robinette, and Rock. Motion
carried. Mr. Brown discussed the Public Hearing Notice process when property owners fall
outside the 300' radius required for notification, but are located along an access road to new
development.
Modification to Sunset Cove Planned Unit Development
Mr. Ian Munce, Planning Director, presented a request submitted by Mr. William O'Brock,
Clayton Design, Inc., to modify the Sunset Cove Planned Unit Development. The applicant has
suggested that the four PUD condominium buildings, as planned and approved, are very close
together, provide for a large impervious surface area, and to some degree block views of other
buildings in the project. Mr. O'Brock has proposed that by reducing the buildings from 4
buildings with 4 units each to 3 buildings with 6 units each, those issues will be mitigated and
still be within the authorized project unit maximum. The proposed three buildings with common
garages will reduce pavement and roof area; the wider area between buildings will improve
views; and will allow for improved fire department access. After discussion, Mr. Carlisle moved,
seconded by Mr. Brown, to approve the reduction of the condominium buildings from 4 to 3 (as
presented in the applicant's January 3, 2001 letter and attachments) for the Sunset Cove
Planned Unit Development . Vote: Ayes — Petrish, Brown, Christiansen, Robinette, Rock, and
Carlisle. Motion carried.
1595
March 5, 2001 -- continued
2000 Comprehensive Plan and Development Reaulation Chanaes: Deliberation/Action
Mr. Ian Munce, Planning Director, explained that the Planning Commission and Council held
Public Hearings on all of the proposed 2000 Comprehensive Plan and Development Regulation
changes. The Council requested additional time to further discuss each issue and to provide
direction to staff.
LM 1 and HM Zone Freewav Oriented Signs 6
With regard to the LM 1 and HM zone freeway oriented signs, Council previously studied the
proposed sign language in Study Session. On this issue the Planning Commission recommends
the same standards used for signs within the City except that if the sign is within 100 feet of the
Highway 20 Highway the applicant could apply for approximately 50% more square footage with
some additional height allowed. This language is contained in Interim Ordinance # 2554. Mr.
Munce clarified that the highway display balloons previously approved by Council are a grand-
fathered use. Future applications for signs that request a variance from the permitted
regulations will be channeled through the Board of Adjustment for processing.
Fences, Walls. and Hedges
Current code allows a front yard non -sight obscuring fence 4 '/2' high (2 '/2' obscuring, 2' non -
obscuring) with a 7' fence in the rear yard. With some of the new development projects homes
have been built that front on two streets. In those specific cases, code language was adopted in
1998 prohibiting the 7' fence in either yard. The recommendation now before Council is to
again allow for a 7' fence in the rear yard for homes that front on two streets. Discussion
followed regarding privacy issues.
Non -conforming structure setbacks
Some older homes in Anacortes have been constructed within the setback. When the
homeowner remodels or makes repairs to the building potentially increasing the non -conformity,
the Building and Planning staff have notified the neighbors and have administratively approved
the building permit. A request has been made that all such home repairs and remodels should
be processed through the Board of Adjustment variance process. This would eliminate any
discretion on the part of staff in these cases. Mr. Brown spoke in favor of the current
administrative oversight on this proposal and moved to continue with the procedure. Mr. Petrish
seconded the motion. Mr. Carlisle spoke in favor of the motion. Mrs. Robinette spoke in favor
of adding language limiting any increase in non -conformity and that all remodel requests would
be required to obtain a variance through the public hearing process. Vote: Ayes — Brown,
Christiansen, Rock, Carlisle, and Petrish. No — Robinette. Motion carried.
17th Street: Bid Award
Mr. Dave Lervik, City Engineer, presented a Memorandum to Council outlining the bids received
for the reconstruction of 17th Street between "Q" Avenue and Commercial Avenue and for the
installation of traffic signals at the two intersections. The apparent low bidder is GG Excavation
in the amount of $450,220.20; staff recommends awarding the contract to GG Excavation. With
that, Mr. Brown moved, seconded by Mr. Christiansen. Vote: Ayes — Christiansen, Robinette,
Rock, Carlisle, Petrish, and Brown. Motion carried.
"R" Avenue Acceptance
Mr. Dave Lervik, City Engineer, reported to Council that the reconstruction of the northbound
lanes of "R" venue between 22nd Street and 34th Street is complete. Mr. Lervik described the
ground water that surfaced in the road bed near the south end. Modifications were
implemented and the desired strength was achieved. On a question from Mr. Rock, Mr. Lervik
described the development process. With that, Mr. Carlisle moved, seconded by Mr. Rock, to
accept the "R" Avenue Rehabilitation Project as complete. Vote: Ayes — Robinette, Rock,
Carlisle, Petrish, Brown, and Christiansen. Motion carried.
There being no further business the Mayor adjourned the meeting at approximately 9:30 p.m
rg4Kaian, CH. Dean Maxwell, Mayor
Councilmember
1596
March 19, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of March 19, 2001 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. Brown moved, seconded by Mr. Rock, that the minutes of March 5, 2001 be approved as if read.
Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried.
Citizen Hearinas
There were no citizens present who wished to testify on matters not on the agenda.
Mayor/Council Communication.
Mayor Maxwell then introduced the following three Proclamations:
❑Proclamation proclaiming April 1, 2001 through April 7, 2001 as The Week of The Young Child in the
City of Anacortes and urging all citizens to recognize and support the needs of young children in our
community this week and throughout the year.
❑Proclamation proclaiming the month of March, 2001 as American Red Cross Month on Fidalgo Island,
and urging all citizens, government officials, businessmen and others to recognize and support the efforts
of the American Red Cross volunteers for the contributions they make in providing services to Skagit
County.
❑Proclamation proclaiming the week of April 8, 2001 through April 14, 2001 as International Building
Safety Week in Anacortes, and urging all citizens to recognize the value of construction codes in
preserving their health and safety.
Mrs. Robinette thanked Mr. Christiansen for his report on the status of E-911.
ADDroval: Anacortes Librarv: Artists Desian
Mr. Doug Everhart, Library Director, presented the completed artists design concepts for the new library
facility. The Art Committee and Library Board have reviewed and approved the designs. The total
budgeted amount for this portion of the project is $50,000; monies will be raised as part of the private
fund-raising project. One of the designated artists, Mr. Lanny Bergner, gave the Council a picture of his
design for a piece to be located in the small skylight. Mrs. Phyllis Ennes, member of the Art Committee,
said the Committee looked for work that could be structurally incorporated into the library for this first
phase; they also looked for a design that was innovative, appropriate to the space, and an enhancement
to the building. With that, Mr. Brown moved, seconded by Mr. Sizemore, to approve the proposed
designs and to proceed with the construction document agreements. Vote: Ayes — Sizemore, Brown,
Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
ADDroval: Anacortes Library — Contract with Movers
Mr. Doug Everhart, Library Director, presented a request for authorization to enter into an agreement with
Swan's Moving and Storage in the amount of $7,357.00 to move the existing library to the basement of
City Hall. The library will be located there while the new library facility is under construction. Mr. Everhart
reported that bids were solicited and referenced checked. Bids were also received from Central Moving
(United) and Conrad Moving (Mayflower). Mr. Carlisle moved, seconded by Mr. Brown, to authorize the
Mayor to enter into a contract with Swan's Moving and Storage. Vote: Ayes — Brown, Christiansen,
Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried.
Approval: Anacortes Library — Contract with Friends of the Library: Disposal of Prooertv
Mr. Doug Everhart, Library Director, presented an Agreement between the City of Anacortes and the
Friends of the Library for the disposal of surplus materials. The Friends will accept the City's surplus
library materials with the intent to sell the materials and utilize the proceeds to enrich the Anacortes
Public Library's collection. Mr. Carlisle moved, seconded by Mr. Rock, to authorize the Mayor to enter
into the agreement with the Friends for the disposal of surplus materials. Vote: Ayes — Christiansen,
Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
Consider Bids 2001 Sewerline Replacement Proiect
Mr. Dave Lervik, City Engineer, used an overhead display to highlight four locations slated for sanitary
sewer replacement. Referring to a March 8, 2001 memorandum from Mr. Gordon Bruchner, Mr. Lervik
reviewed the 8 bids received for this project. Low bid was received from Harkness Contracting, Acme, in
the amount of $66,656.00. Mr. Lervik further requested Council approval to negotiate with Harkness
Contracting to add both a 51h site and miscellaneous repair jobs. Mr. Christiansen moved, seconded by
Mr. Brown, to approve the Harkness Contracting bid for the 4 replacement sanitary sewer replacement
locations, and to authorize staff to negotiate with Harkness for a 51h location together with manhole and
other necessary repairs. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and
Christiansen. Motion carried.
Approval: Lakeside Quarry Stormwater Svstem Plan
Mr. Gary Robinson, Parks and Recreation Director presented a request for Council approval of the
Lakeside Quarry Stormwater System Plan. As part of the project for removal of quarry rock from a portion
of the Forestlands, Lakeside was required to bring the Stormwater System Plan to Council for approval.
The Engineering Department has reviewed the Plan and recommends approval. Council conducted a
detailed review at a previous Study Session. With that, Mr. Carlisle moved, seconded by Mr. Sizemore,
to approve the Lakeside Quarry Stormwater System Plan. Vote: Ayes — Rock, Carlisle, Petrish,
Sizemore, Brown, Christiansen, and Robinette. Motion carried.
1597
March 19, 2001 - continued
Conservation Easement Proaram: 100 Acre Aanroval
Mr. Jonn Lunsford, Forestlands Manager, presented a request to Council approve the next 100 acre
parcel in the Conservation Easement Program. This request comes to the Council with a
recommendation for approval from the Forest Advisory Board. Using an overhead display, Mr. Lunsford
highlighted the parcel. Mr. Sizemore moved, seconded by Mr. Rock, to authorize the approval of the
parcel to be added to the Conservation Easement Program. Vote: Ayes — Carlisle, Petrish, Sizemore,
Brown, Christiansen, Robinette, and Rock. Motion carried.
Consent Aaenda
Mr. Rock 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
March 8, 2001 and March 15, 2001 are approved for payment as of this date, March 19, 2001. Council
vote was unanimous.
Claims Warrants
Mar, 2001: Warrant Numbers 11901 through 12098 in the total amount of $827,769.82
Prewritten Claims
Mar, 2001 Warrant Numbers 11897, 11898, 11899, 11900 in the total amount of $10,056.85
Payroll
Feb, 2001 Warrant Numbers 18367 through 18475 in the total amount of $279,620.08
Council also approved the Findings of Fact and Conclusions of Law for the Malland Meadows Preliminary
Plat.
Council adopted Ordinance No. 2556 vacating the alley in Block 2 of Gray's 2nd Addition to the City of
Anacortes.
Final Lot Sale — Anstensen Plat
Mr. Ian Munce, City Attorney, presented background information on the development of five City -owned
lots in the Anstensen Plat. Lots 9, 10, 11, and 12 have sold and there is a cash offer of $42,500 for Lot
13. The proposed buyer, Mr. Larry Nelson will be conducting a geotechnical report on the report; some
20 years ago a considerable amount of fill was placed on this lot. The presence of this fill has
discouraged potential purchasers. After discussion, Mr. Carlisle moved, seconded by Mr. Brown, to
confirm the four lot sales to date and to approve the sale of the fifth lot at $42,500 to Mr. Larry Nelson; if
the sale is not completed the City shall be furnished a copy of the geotechnical report. Vote: Ayes —
Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried.
Closed Record Meetina: Conditional Use Aoolication — Anacortes Public Library
Mayor Maxwell initiated the Closed Record review of the Conditional Use Permit application submitted by
the City for the new library facility at 1209 9th St. Mr. Ian Munce, Planning Director, explained that the
Conditional Use hearing process provided for additional notification to the neighbors and to the
community. The library layout was made available for review and there were no comments either in
writing or at the Public Hearings conducted by the Planning Commission. This reflects the countless
hours spend by City staff and the Library Board to develop a winning proposal. The Planning
Commission recommends approval subject to the standard conditions. Vote: Ayes — Sizemore, Brown,
Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
Bid Award: Continuous Emission Monitorina Svstem
Mr. Bob Hyde, Public Works Director, presented a request to council to accept the Emission
Technologies, Inc. (ETI) bid in the amount of $115,233 plus sales tax. The contract is for installation of a
carbon monoxide monitor on the incinerator stack at the wastewater treatment plant. Mr. Hyde reviewed
the pre-bid process. Mrs. Robinette complimented Mr. John Franz, Plant Manager, for the detailed memo
highlighting this issue. Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the EMI bid in the
amount of $115,233 plus tax. Vote: Ayes — Brown, Robinette, Rock, Carlisle, Petrish, and Sizemore. No
— Christiansen. Motion carried.
There being no further business the Mayor adjourned the meeting at approximately 8:40 p.m.
71x
G rg htaia , City Clerk -T easurer H. Dean Maxwell Mayor
Councilmember
1598
April 2, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of April 2, 2001 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. Brown moved, seconded by Mr. Christiansen, that the minutes of March 19, 2001 be
approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock,
and Carlisle. Motion carried.
Citizen Hearinqs
Mr. Bill O'Brock, developer for the Sunset Cove Planned Unit Development project stepped
forward to address the Council. Mr. O'Brock explained that associated with the purchase of the
Sunset Cove project were a number of conditions to be satisfied. Using an overhead display,
he then highlighted one of the conditions, a 20' pedestrian right-of-way now owned by the City.
Another condition was the transfer of a 5-'/2 acre parcel including some beach and tideland area
to the City. The property has now been conveyed and to mark the occasion Mr. O'Brock
presented the Mayor and Council with a framed copy of the title transfer. The Mayor then
highlighted the great contribution made by local attorney, Mr. Les Johnson to make this property
exchange happen. Mrs. Cynthia Weed -Johnson was in the audience to help commemorate her
husband's tireless efforts to ensure that the City would own this beautiful property for the
enjoyment of this and future generations.
On a question from Mrs. Robinette, the City Attorney, Ian Munce, explained that the Parks
Director is working with Western Washington University for an adjacent piece to provide for
additional access.
'Mayor/Council Communicatiom
ell then asked the Council to confirm the appointment of Ms. Margaret Frey to the
Mayor Ma
Library Board of Trustees. Mr. Sizemore so moved, seconded by Mr. -Rock. Vote: Ayes -
Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
Resolution: Desianated Representative: Federal Emeraencv Management (FEMA) Funds
Mayor Maxwell presented a Resolution to Council that designates Mayor Maxwell as the
authorized representative to obtain federal and/or state emergency or disaster assistance funds.
Mr. Brown moved, seconded by Mr. Carlisle, to adopt Resolution No. 1559. Vote: Ayes -
Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. On
behalf of the Restoration Committee, Mr. Petrish asked that a structural engineer examine the
bandstand roof at Causland Park for any earthquake damage. Mr. Carlisle reported that one of
his constituents had received excellent service from FEMA in regard to an earthquake damage
claim.
The Mayor also reported: (1) the Anacortes School District will be joining Government Access
Channel 10 with their production of Hawk TV; (2) interested Councilmembers can meet at 7:00
a.m. to attend April 3`d Red Cross breakfast meeting; and (3) please keep the 24 Whidbey
Island Navy crew members now detained in China in our thoughts and prayers.
Mr. Sizemore, on behalf of the Public Works Committee, expressed appreciation for the
Director's weekly report of all Public Works Department activity. Mr. Sizemore praised the
efforts of the new Director, Mr. Bob Hyde, to keep the Committee and Council informed.
Mr. Christiansen confirmed that the Comprehensive Plan/Airport Rezone issue has been
scheduled for the April 16th Council agenda. Mr. Ian Munce, Planning Director explained that on
the 16th the Council will have the opportunity to: make and pass procedural motions, move the
issue to study session, move to take action, move to have extensive discussion, etc. Mr.
Petrish asked to have a map prepared showing the specific location of the Rockwell and
Kraljevich in relationship to the Scrivener's error.
2001 Sewer Replacement Proiect - Chanae Order No. 1
Mr. Dave Lervik, City Engineer presented Change Order No. 1 to the 2001 Sewer Replacement
Project previously awarded to Harkness Construction. Because the original Harkness bid was
lower than anticipated Council authorized that other projects could be added to expend the
budgeted amount of $112,500. The Public Works Maintenance Division identified the
installation of new manholes and the re -channeling of existing manholes as the additional
projects to"be added. These additional refurbishments, in the amount of $32,750, would reduce
effort and time expended maintaining the City's sanitary sewer system. With that Mr.
Christiansen moved, seconded by Mr. Rock, to approve Change Order No. 1 for the installation
of additional manholes and re -channeling of existing manholes. Vote: Ayes - Christiansen,
Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
1599
April 2, 2001 - 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.
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 22, 2001 and March 29, 2001 are approved for payment as of this date,
April 2, 2001. Council vote was unanimous.
Claims Warrants
Mar, 2001: Warrant Numbers 12099 through 12312 in the total amount of $348,466.22
Draw Pavroll
Mar, 2001 Warrant Numbers 18476 through 18520 in the total amount of $26,095.00
In the same motion Council cancelled Warrant 6345 in the amount of $9.00; Warrant 4542 in the
amount of $65.65; Warrant 15266 in the amount of $47.30; Warrant 10334 in the amount of
$25.00; and Warrant 9092 in the amount of $287.00.
Council also approved the Findings of Fact and Conclusions of Law for the Anacortes Public
Library Conditional Use Permit.
Friends of the Library Donation — Namina of Meetina Room
Mayor Maxwell presented the Public Library Agreement to Council for approval. Previously
reviewed by Council in Study Session, the Agreement between the Friends of the Anacortes
Public Library and the City stipulates: (1) that should the new public library include a public
meeting room that meeting room shall be named and identified by sign as the Friends of the
Library Meeting Room; (2) the Friends will be permitted to install a plaque at the meeting room
honoring Ruth Hogue and Eleanor Douglass; and (3) upon substantial completion of the
meeting room the Friends will transfer not less than $200,000 to the City. With that Mr. Brown
moved, seconded by Mr. Sizemore, authorize the Mayor to enter into the Public Library
Agreement. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and
Robinette. Motion carried.
1989 TMT Paint Strlolna Machine — Declare Surplus
Mr. Bob Hyde, Public Works Director, presented a request to Council to declare the 1989 paint
striping machine # 820 surplus and authorize the sale of the unit to the highest bidder. Mr.
Sizemore pointed out that the Maintenance Supervisor, Doug Terry, has been successful in
recycling equipment. With that Mr. Sizemore moved, seconded by Mr. Rock, to declare the
1989 T.M.T. paint striping machine as surplus. Vote: Ayes — Carlisle, Petrish, Sizemore,
Brown, Christiansen, Robinette, and Carlisle. Motion carried.
Government Access Channel Aareement
Mr. Ian Munce, City Attorney, explained that Mr. Tony Kubena, Advertising Management, Inc.
has successfully developed the framework for the government access channel; the system is
now well established. An Agreement between the City and Mr. Kubena for continuing services
is now before Council for review and approval. The agreement is designed for this calendar
year with provision to continue on a month to month basis after that. Mr. Sizemore asked about
Section 5.0 of the agreement - the make-up of the Government Channel Commission. Mayor
Maxwell clarified that oversight is now provided in-house but that future Commission members
will reflect a fair representation of the access channel users. Mrs. Robinette inquired about the
budget and asked for an explanation of charges. Mr. Munce also explained that this Agreement
provides a foundation for negotiation with other agencies wishing to use the channel. Mr.
Christiansen suggested that section General, 1.4 should be amended to read "Any City
meetings chosen for broadcast on the channel shall not be edited or subjected to editorial
comment." After discussion Mr. Sizemore moved, seconded by Mr. Brown, to authorize the
Mayor to enter into the Memorandum of Agreement Government Access Channel" subject to
the modification of Section 1.4. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen,
Robinette, Rock, and Carlisle. Motion carried.
12th Street Improvements (Sianalization "D" and "M"1— Desian Contract Award
Mr. Dave Lervik, City Engineer, presented the background and funding sources for the
installation of traffic signals at the intersections of 12th Street at "M" and "D" Avenues. Perteet
Engineering is currently installing signals at 17th Street at Commercial and "R" Avenues and
staff recommends that Perteet be approved to perform this work. The estimated cost for design
and construction administration is $186,568. Mr. Petrish suggested considering left turn
1600
April 2, 2001 -- continued
pockets off of 12th Street at "H" and "G" Avenues. On a question from Mr. Christiansen, Mr.
Lervik explained that the signals on 12th Street would be 'on demand' for the lettered streets.
Discussion followed regarding traffic flow in this area. Mr. Christiansen moved, seconded by
Mr. Sizemore, that the consultant contract for the design and construction inspection of the 12th
Street Improvements be awarded to Perteet Engineering. Vote: Ayes — Sizemore, Brown,
Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
Replacement of our 1990 Sewer and Catch Basin Cleaner (#6131
Mr. Bob Hyde, Public Works Director, presented a request to Council to replace the City's
existing sewer jet used for City wide maintenance of all storm lines, sewer mains, catch basins,
manholes, WWTP pump stations and plant operations. The equipment, although functioning at
this time, will soon need extensive rebuild/replacement work. Mr. Hyde recommended entering
into a cooperative purchasing agreement with Klamath County for purchase of the equipment.
The cost for the new sewer jet is $181,131 plus tax and license and has been approved in the
2001 budget. With that Mr. Sizemore moved, seconded by Mr. Rock, to replacement the 1990
sewer and catch basin cleaner (#613). Vote: Ayes — Brown, Christiansen, Robinette, Rock,
Carlisle, Petrish, and Sizemore. Motion carried.
ALS Contract —l=ire Department
Mayor Maxwell introduced the ALS Contract for Service and Memorandum of Understanding for
Ambulance Replacement both previously reviewed by Council in Study Session. Fire Chief
Richard Curtis addressed Council to recap discussion held in Study Session and to report on
subsequent contact with Skagit County EMS. In order to maintain and enhance services the
City has requested a minimum 2 -year contract with the EMS Council although past contracts
have been for a 6 -year duration. Chief Curtis reported that the Executive Board of the Skagit
County EMS has proposed a 1 -year contract. Mr. Rock suggested meeting with EMS
representatives in Study Session. After discussion, Mr. Brown moved, seconded by Mr.
Carlisle, to (1) authorize the Mayor to enter into a 2 -year contract with ALS Contract for Service,
and (2) authorize the Mayor to sign the Memorandum of Understanding for the purchase of a
replacement ambulance fully funded by the Skagit County EMS Council. Vote: Ayes —
Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
Anacortes Chamber: Communitv Banners
Mr. Andy Mayer, Executive Director for the Anacortes Chamber of Commerce, reported to
Council that the Ferry Terminal Landing "Welcome to Anacortes" sign, paid for by hotel/motel
tax monies has been installed. Mr. Mayer presented a request to Council for the Chamber of
Commerce to coordinate the hanging of banners on the sign; the banners will be used to
highlight community events. After discussion, Mr. Christiansen moved, seconded by Mr.
Sizemore for the Chamber of Commerce to coordinate the placement of banners at the Ferry
Terminal Road welcome sign. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore,
Brown, and Christiansen. Motion carried.
Mayor Maxwell thanked Mrs. Monica Oppel, a dedicated volunteer who takes care of the Skate
Board Park every morning by providing water, Band-Aids, and support to the committed young
people who use the Park.
There. being no further business the Mayor adjourned the meeting at approximately 8:40 p.m.
KhAan, City -Cl rk-Treasurer
7n
H. Dean Maxwell, M-ad/yor
Councilmember
1601
April 16, 2001
At 7:30 p.m. Mayor: Maxwell called the regularly scheduled meeting of April 16, 2001 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 Meetinas
Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of April 2, 2001 be approved as if
read. Vote: Ayes — Petrish, Sizemore, Christiansen, Robinette, Rock, and Carlisle. Motion
carried.
Citizen Hearinas
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communicationl*
Mayor Maxwell announced that Anacortes School District has joined the Government Access
Channel airing Monday, Wednesday, and Friday at 6:30 p.m. with the presentation of "Hawk
TV"
The Mayor then introduced two Proclamations: (1) proclaiming May as Foster Care Month in the
City of Anacortes and urging citizens to volunteer on behalf of children in foster care, and (2)
proclaiming the week of April 29`h through May 5th as "Skip a Meal for the World's Children
Week" and encouraging all citizens to support the Kiwanis campaign to save the world's
children from mental retardation.
Mr. Petrish announced that as of May 12th he will complete 18 years on the Skagit County Civil
Service Board; he will not seek reappointment for another 6 -year term. He then encouraged
any citizen interested in fulfilling this responsibility to contact Board Secretary, Dennis Wyatt or
County Commissioner Don Munks. Applicants from District # 1 (all of Fidalgo Island including
Anacortes) are encouraged to apply. Mr. Petrish concluded his report by announcing that the
Causland Memorial Park restoration project has collected approximately $13,000 in donations;
funds are still being sought for the restoration of the park.
2000 Comprehensive Plan/Develooment/Reaulation Amendments (includina proposed
airport chanaes): Proposed Ordinance
(This item is on tape and filed at City Hall)
Mr. Ian Munce, Planning Director, introduced two documents to Council for review and approval.
The first is an Ordinance incorporating various Comp Plan and Development Regulation
changes for the calendar year 2000. The second is a Resolution deferring certain issues for
consideration during 2001. Mr. Munce then highlighted an outstanding issue for Council action:
the Port of Anacortes Airport Rezone proposal. The Port applied for 3 things in their March 30,
2000 rezone application: (1) that approximately 10 acres be re -designated from Residential Low
(R 2) to Light Manufacturing (LM) in the Comprehensive Plan; (2) that the zoning designation of
the same 10 acres be changed from R 2 to LM; and (3) that the zoning language clarify that "T"
hangars are permitted structures in the LM zone.
At the conclusion of the Public Hearings Council voted to postpone action on the Port's requests
asking for more public input and for more detailed information to be provided by the Port. The
Port objected to that approach and took the matter to Superior Court; the Court ruled that the
Port is entitled to a decision. Draft Findings of Fact were prepared and through the Findings Mr.
Munce clarified Council action to deny the rezone based on deficiencies highlighted during
public testimony and Council deliberation. A new Port proposal to Council dated April 5, 2001
asks the City to correct the scriveners error for the 10 -acre parcel. It was pointed out that this
method does not allow for conditions. A third proposal corrects the scrivener's error for 6 acres
of the 10 acre parcel, provides for a 75' buffer, and calls for a sub -area planning process with
the neighbors and the City to deal with all remaining issues.
Council discussion followed. Mrs. Robinette suggested that more conditions be added to the
proposal. Mr. Petrish discussed the noise and expansion issues suggesting that the 6 acres be
rezoned to LM, the Rockwell property not be part of the scriveners error at this time, put the 75'
buffer in place, and that the Port meet with the public and the City for disposition on the
remaining 4 acres, and that there be some mutual agreement on uses. Mr. Carlisle moved and
then withdrew his motion to deny the Port's April 5, 2001 proposal. Mr. Christiansen read a
proposal to deny the rezone of the Rockwell 4 acres with specific conditions. He concluded by
emphasizing that the community needs to develop what a "community airport" will be like in
operational intensity and facility development. Discussion followed regarding the establishment
of an airport zone. Mr. Carlisle shared FAA statistics on airports for cities with a population of
10-15,000. Mr. Sizemore spoke against acting on this matter emphasizing that information
previously required has not been presented and that public process has not been fulfilled. Mr.
1602
April 16, 2001 - continued
Petrish re -stated the Court's decision requesting that a decision from Council be forthcoming.
After discussion Mr. Christiansen moved, seconded by Mrs. Robinette,' that the Planning
Director be directed to amend the Draft Findings of Fact to:
• Deny a rezone from R-2 to LM for that certain parcel of land known as P106729 as it has not
been shown that there is anything airport -related planned for that parcel and because the
purchase and sale agreement through which the Port acquired that parcel stipulated it was
being purchased to serve as a buffer area. The City Council would, however entertain a
request to rezone said parcel to Public Use (P), provided a minimum 75 foot wide, heavily
planted evergreen buffer is established and maintained adjacent to all privately owned
neighboring property.
• Establish LM as the zoning for that certain parcel of land known as P32356 and directs that
all development in that parcel shall require first obtaining a conditional use permit other than
for construction of vegetation buffers, security/animal control fencing, noise -deadening
berms, or other sound attenuating features.
• Ensure further development of Parcel P32356 is consistent with the existing Comprehensive
Plan directive of "community -oriented aviation facility", Conditional Use applications will not
be accepted for processing until the following have been accomplished:
1. A heavily planted buffer area at least 75 feet in width is established bordering all
residentially zoned property adjacent to Parcel P32356 other than parcel P106729. Said
buffer to consist of densely planted evergreen trees. Further, any security/animal control
fence constructed by the Port in Parcel P32356 shall be positioned on the northern
border of the buffer area.
2. A definition of "community -oriented aviation facility" is developed with full participation of
the public and all interested parties, and that definition has been formally incorporated
into the City's Comprehensive Land Use Plan and the Port's Airport Master Plan, and all
cognizant jurisdictions, including the FAA, have agreed to adhere to all guidance,
recommendations, and limitations which may be contained in that definition.
Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, and Petrish. No — Sizemore. Motion
carried. Mr. Sizemore and Mr. Carlisle excused themselves from the remainder of the meeting.
Bid Award: Pump Station 16 — Anaco Beach Road
Mr. Bob Hyde, Public Works Director, presented a request to Council to award the bid for the
Pump Station # 16 Engine Generator project located at 4531 Anaco Beach Road. Bids were
opened and publicly read on March 20, 2001 with Larry Brown Construction as the apparent low
bidder ($83,587.04). The background check was positive. With that, Mr. Christiansen moved,
seconded by Mr. Rock, to award the Lift Station # 16 Modification Project to Larry Brown
Construction in the amount of $83,587.04, including tax. Vote: Ayes — Christiansen, Robinette,
Rock, and Petrish. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda
items. Vote: Ayes — Robinette, Rock, Petrish, and Christiansen. 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 Dieector) and subsequently reviewed and approved by the Council Finance
Committee on April 5, 2001 and April 12, 2001 are approved for payment as of this date, April
16, 2001. Council vote was unanimous.
Claims Warrants
Apr, 2001: Warrant Numbers 12315 through 12543 in the total amount of $1,614,396.43
Prewritten Claims
Apr, 2001 Warrant Numbers 12313, 12314 in the total amount of $9,303.23
Payroll
Mar, 2001 Warrant Numbers 18521 through 18630 in the total amount of $285,966.17
In the same motion Council cancelled Warrant 7102 in the amount of $448.00; Warrant 1008 in
the amount of $15.00; Warrant 17115 in the amount of $.27
Closed Record Meetina: Conditional Use — Sinale Familv in CM Zone — Grimm —
Continue to Mav 21.2001
Mayor Maxwell announced that the closed record meeting for the Grimm Conditional Use
application has been continued from April 16, 2001 to May 21, 2001.
1603
April 16, 2001 - continued
Whidbev Island Roostertails Reauest for Heart Lake
Mr. Jonn Lunsford, Parks and Forestlands Manager, presented Council with a request from the
Whidbey Island Roostertails for racing on Heart Lake. The Roostertails asked for permission to
race on September 291h and 30th, and October 13th and 14th. Mr. Lunsford pointed out that the
Forest Advisory Board reviewed the request and recommends approval of the racing dates for
2001. With that Mr. Petrish moved, seconded by Mr. Christiansen, to authorize the September
29th and 301h and October 13th and 14th Roostertails racing events for 2001. Vote: Ayes — Rock,
Petrish, Christiansen, and Robinette. Motion carried.
Forest Ridae Buffer Planned Unit Develoament — Tree Removal/Trimmina reauest in
Portion of Buffer Area and Adiacent Right-of-Wav
Mr. Ian Munce, Planning Director, introduced this item with an overhead display of the Forest
Ridge Planned Unit Development located at approximately 23`d Street and "B" Avenue. Council
previously approved the Final Plat on this project with no further City action called for; during
testimony for this project questions arose regarding the status of the 80' unimproved "B" Avenue
right-of-way adjacent to Forest Ridge. The applicant has proposed combining the 30' buffer
required by the Plat process together with the 40' of "B" Avenue adjacent to the Forest Ridge
Plat to provide for a larger buffer zone; with this proposal comes a request to cut down 19 trees
and to trim 8 all located in the right-of-way and buffer. (Property owners adjacent to the east
half of "B" Avenue have already cleared the site.) The request is made to enhance views for the
Forest Ridge Phase I homes. Mr. Rock recommended that this matter be brought back at the
May 7th Council meeting in order to further study the site.
Possible Annexations (3): Resolution
Mr. Ian Munce, Planning Director, Mr. Ian Munce, Planning Director, prefaced this matter by
repeating the long-established Council policy of not provided sewer service without annexation.
In that regard, Mr. Munce has received three letters of interest in annexation: T. Bailey's facility
on Bartholomew Road; Snow Mountain Mills, South March Point Road; and G & G Excavating
at Padilla Heights. All properties are within the Urban Growth Area; Mrs. Robinette asked to be
provided with a map of the UGA. After discussion, Mrs. Robinette moved, seconded by Mr.
Petrish, to adopt Resolution No. 1560 entitled, "Setting the Regular City Council Meeting of
Monday, May 7, 2001 at 7:30 p.m. in the Municipal Building Council Chambers as the Place and
Time for a Meeting with Parties Initiating an Annexation Petition for the Highway 20/March Point
Corridor." Vote: Ayes — Petrish, Christiansen, Robinette, and Rock. Motion carried.
There being no further business the Mayor adjourned the meeting at approximately 9:00 p.m.
le�/��
Ge a Kht an, City Cferk-Treasurer H. Dean Maxwell, Mayor
Cou c (member
1604
May 7, 2001
At 7:30 p.m. Mayor Pro -Tem Terry Christiansen, called the regularly scheduled meeting of May
7, 2001. Roll call found present: Bill Carlisle, Ray Sizemore, Jeanne Robinette, Bud Rock, and
Ken Brown. Absent: Mayor Dean Maxwell and Nick Petrish.
Minutes of Previous Meeting
The Minutes of the April 16, 2001 meeting were approved on a motion by Mr. Sizemore,
seconded by Mr. Rock; Mr. Brown abstained.
Citizen Hearinqs
Mr. Ferd Eisenzimer expressed concern about how stormwater from the Rock Ridge project
was being handled. Public Works Directory, Mr. Bob Hyde, responded that this issue was
currently being reviewed by his department.
Ms. Charlotte Johnson, representing the Anacortes Farmers Market, informed the Council and
audience that the Farmers Market was beginning its Saturday morning market for the summer
on May 19th.
Mavor/C,ouncil Communications
The Mayor Pro -Tem, Terry Christiansen, presented City employee, Daniel Jones, the Mayor's
Award of Merit; Mr. Christiansen added that he and the community were indebted to Daniel for
his exemplary effort.
The Council then confirmed Mr. Nels Strandberg to a vacancy on the Board of Adjustment. This
action was taken on a motion by Mr. Sizemore, seconded by Mr. Brown, and passed
unanimously.
The Mayor Pro -Tem then proclaimed the week of May 6 as Youth Week; this action was taken
at the request of the Benevolent and Protective Order of Elks. In recognition of the success of
the Anacortes Community Forestlands Conservation Easement Program, the week of May 7
through May 13 was declared Conservation Easement Week in Anacortes.
It was noted that Mayor Maxwell had appointed Mr. Otto Allison to a vacancy on the Civil
Service Commission; this action was recognized by a motion by Mr. Sizemore, seconded by Mr.
Rock, and passed unanimously.
Finally, the Council approved an interlocal agreement with Skagit County for the City to receive
$50,000 from the County toward the downtown sidewalk replacement projects; this action was
taken on a motion by Mr. Carlisle, seconded by Mr. Brown, and passed unanimously.
There was no Unfinished Business.
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 .19, April 26, and May 3, 2001 are approved for payment as of this date, May
7, 2001. This motion was taken on a motion by Mr. Rock, seconded by Mr. Brown, and passed
unanimously.
Claims Warrants -- April, 2001: Warrant Nos. 12550-12798 in the amount of $1,076,044.86
Prewritten Claims -- April, 2001: Warrant Nos. 12546-12549 in the amount of $711,744.59
Payroll -- April, 2001: Warrant Nos. 18674-18787 in the amount of $290,270.84.
Draw Payroll -- April, 2001: Warrant Nos. 18631-18673 in the amount of $25,192.50
In the same motion Council cancelled Warrant No. 4978 in the amount of $10.00.
Authorization to Bid Project: Anacortes Public Library
The Public Works Director, Mr. Bob Hyde, requested authorization to bid the Anacortes Public
Library project. Mr. Hyde explained that the project was on schedule and on budget. After
discussion, Mr. Carlisle moved that the City Council, authorize this project to go out to bid. The
motion was seconded by Mr. Sizemore and passed unanimously.
Forest Ridqe Landscaoinq
The Planning Director, Ian Munce, requested approval for some thinning in the central portion of
the west 1/2 of "B" Street ROW and three trees in the 30 -foot NGPE of Forest Ridge PUD, as
specified in drawing submitted, Exhibit (3/28/01), in exchange for the owner protecting the
remaining trees in the 40 feet west 1/2 of "B" Street ROW. Mr. Munce added that the Planning
Commission, on a 4-2 vote, had recommended approval. After discussion, Mr. Carlisle moved
1605
May 7, 2001 - continued
that this proposal be approved as submitted. The motion was seconded by Mr. Sizemore. Vote:
Ayes -- Carlisle, Robinette, Brown, Sizemore. No -- Christiansen and Rock. Motion carried.
Annexations (3) (6 Parcels): Resolution
The City Council then discussed three possible annexations pursuant to City Resolution No.
1560. The Council noted receipt of a letter from neighbors objecting to one of these proposals.
After discussion, the Council authorized the annexation process to move forward pursuant to
the procedure set forth in Resolution No. 1560, specifically noting that this approval requires any
party signing an annexation petition to assume its share of existing City indebtedness and to
accept the current City zoning in place for their property. This action was taken on a motion by
Mr. Sizemore, seconded by Mr. Carlisle, and passed unanimously.
Van Buren/Diller Easement: Resolution
The Council then reviewed an April 30, 2001 memorandum from the City Attorney, Mr. Ian
Munce, describing a possible resolution of the easement issues raised by the Van Burens and
Dillers. The Council noted receipt of objections to this approach from the Anacortes Community
Forest Lands Advisory Board and a number of local citizens. Mr. Rick Haley, Chair of the
Anacortes Community Forest Lands Advisory Board, expressed concerns on behalf of his board
relative to both the details of the proposal and the route location itself. The Council agreed to
defer this matter -for further study.
Development Review: Enaineerina Contract(s)
The Council reviewed a proposal from Mr. Bob Hyde, Public Works Director, relative to
contracting for additional project engineering review while the Assistant City Engineer was
focused on the Anacortes library project. After discussion, Mr. Brown moved that the Mayor be
authorized to sign contracts with engineering firms for development review up to a total of
$30,000 in this calendar year. The motion was seconded by Mr. Sizemore and passed
unanimously. Councilmembers noted that it was important to avoid a conflict of interest as to
hiring a firm to review projects that was also currently developing projects in Anacortes. It was
also noted that, as far as practical, all work would be routed through the City Engineering
Department for oversight and liaison with applicants.
Street Name Chanae: West 1st Street -- Oakes View
At the request of affected property owners, the Council agreed to change the name of West 1st
Street between Georgia Avenue and Anacopper Mine Road to Oakes View Lane. This action
was taken on a motion by Mr. Carlisle, seconded by Mr. Rock, and passed unanimously.
Museum Restroom Improvements
The Council reviewed bids to upgrade the public restrooms at the Anacortes Museum. Museum
Director, Mr. Garry Cline, recommended that Council accept the $12,700 plus tax quote from
Berentsen 'Construction. After discussion, Mr. Sizemore recommended that this bid be
accepted. The motion was seconded by Mr. Brown and passed unanimously.
At approximately 8:45 p.m. the Council adjourned into Executive Session to consider a possible
contract with the International Association of Firefighters Local #1537. The Council came out of
Executive Session at approximately 9:15 p.m. and adjourned without taking further action.
0
G r e Khtai ,City C er -Treasurer
ouncilmem6e�
H. Dean Maxwell, Mayor
1606
May 21, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of May 21, 2001 to order.
Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry
Christiansen, Jeanne Robinette, and Bud Rock. Ken Brown. Roll call was followed by the
Pledge of Allegiance.
Minutes of Previous Meetinas
Mrs. Robinette asked that the minutes of May 7, 2001 be amended as follows: page 2, Forest
Ridge Landscaping,, first sentence, "...some thinning in the central portion of the west 1/2 of "B"
Street ROW and three trees in the 30 -foot NGPE of Forest Ridge PUD, as specified in drawing
submitted, Exhibit (3/28/01), in exchange for the owner protecting the remaining trees in the 40
feet west 1/2 of "B" Street ROW. Mr. Carlisle moved, seconded by Mr. Rock, to approve the
minutes as amended. Vote: Ayes —Sizemore, Brown, Christiansen, Robinette, Rock, and
Carlisle. Abstain: Petrish. Motion carried.
Citizen Hearinqs
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication,
Mayor Maxwell reported that Mr. Tim Walter's term on the Community Improvement Board (CIB)
has expired. Mr. Petrish confirmed that Mr. Walters wishes to be considered for an additional
term. Mr. Christiansen moved, seconded by Mr. Brown, to confirm the reappointment of Mr.
Walters to the CIB. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle,
and Petrish. Motion carried.
Mr. Carlisle reported that WSDOT corrected the traffic signal arrays at the 12th Street
intersection.
Mr. Sizemore reported that the new theater seats have arrived and are being stored in
preparation for the theater opening tentatively scheduled for the 3`d week in June.
2000 Comprehensive Plan/Development/Requlation Amendments (includinq proposed
airport chanqes): Ordinance and Resolution
(This item is on tape and filed at City Hall)
Mr. Ian Munce, Planning Director, explained that the Ordinance and Resolution now before
Council compose the final legislative package containing all the proposed Comprehensive Plan
and Zoning Ordinance changes for the year 2000. Included in the Ordinance are technical
changes that were introduced, studied, and formulated during a series of public hearings. The
Resolution defers consideration of certain items requiring further public discussion to the year
2001, e.g. designating hangers as terminal facilities in the airport zone. The Findings of Fact
have incorporated recent modifications recommended by both Mr. Christiansen and Mr. Carlisle.
Mr. Munce then turned to one segment of the 2000 Comp and Zoning changes — the Port of
Anacortes Rezone petition. Summarizing the action taken on the Port's rezone proposal Mr.
Munce explained that the Port petitioned that a 10 -acre parcel be re -designated to conform to
the adjacent zoning. The amendment before Council changes 6 of the 10 acres of Port property
proposed for rezoning to Light Manufacturing with the proviso that all individual development
projects on this property come back to the City for consideration. The remaining 4 acres will
continue with R 2 status until such time as all the broad questions on the Airport Master Plan
have been resolved. Mrs. Robinette asked to highlight the buffer requirement. Discussion
followed regarding the Port's legal position should the City not approve the original proposal.
Mr. Sizemore strongly suggested that the situation would be better remedied through discussion
of a community -oriented airport with all involved parties.
With that, Mr. Sizemore moved to deny the Port of Anacortes Rezone proposal, seconded by
Mr. Rock. Mr. Petrish and Mrs. Robinette spoke against the motion. Vote: Ayes — Sizemore,
Rock. Nays — Brown, Christiansen, Robinette, Carlisle, Petrish. Motion failed. Mr. Christiansen
moved, seconded by Mrs. Robinette to adopt Ordinance No. 2557 entitled "An Ordinance
Amending the City Comprehensive Plan and Development Regulations" and Resolution No.
1561, entitled "A Resolution Forwarding Certain 2000 CP/DR Proposed Amendments to the
Planning Commission for Further Review in 2001". Vote: Ayes — Brown, Christiansen,
Robinette, Carlisle, and Petrish. Nays — Rock, Sizemore. Motion carried. Due to illness Mr.
Sizemore left the Council Chambers.
Final Approval: Conservation Easement Groves
Mr. Jonn Lunsford, Parks and Forestlands Manager reported to Council that with the 175 acre -
proposal now before Council 345 acres will have been designated for the Conservation
Easement Program. In his May 7, 2001 memorandum Mr. Lunsford presented the Deed of
Conservation Easement and maps for Council study. The Mayor and Council thanked the
1607
May 21, 2001 - continued
Parks Department for administering this excellent program. With that, Mr. Christiansen moved;
seconded by Mr. Petrish, to place 175 acres into conservation easement. Vote: Ayes —
Christiansen, Robinette, Rock, Carlisle, Petrish, and Brown. Motion carried.
Ordinance: Reoealina and Chanaina Street Names
Mr. Bob Hyde, Public Works Director, presented an Ordinance to Council that would designate
that certain alley north of West 2nd Street in the Northern Pacific Addition extending west from
Georgia Avenue to Anacoppermine Road be changed,from West 1St Street to Oakes View Lane.
This matter was reviewed in Council Study Session. Mr. Carlisle moved, seconded by Mr.
Brown, to adopt Ordinance No. 2558. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Brown,
and Christiansen. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda
items. Vote: Ayes — Rock, Carlisle, Petrish, Brown, Christiansen, and Robinette. Motion
carried.
Armroval\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 10, 2001 and May 17, 2001 are approved for payment as of this date, May
21, 2001. Council vote was unanimous.
Claims Warrants
May, 2001: Warrant Numbers 12801 through 12992 in the total amount of $569,438.22
Prewritten Claims
May, 2001 Warrant Numbers 12799, 12800 in the total amount of $8,218.73
Draw Payroll
May, 2001: Warrant Numbers 18788 through 18871 in the total amount of $86,312.30
In the same .motion Council approved the International Association of Firefighters Contract for
the years 2001-2002.
Vehicles and Eauioment: Declaration as Surplus
Mr. Bob Hyde, Director of Public Works, presented a list of 10 vehicles and equipment owned
by the City to be declared as surplus. The listed vehicles have been previously approved for
replacement, transfer or removal from the fleet inventory. The vehicles will be sold at the
Woodinville Auto Auction or City -sponsored auction. Mr. Brown supported the City -sponsored
auction and with that, moved to declare the items surplus. Mr. Petrish seconded the motion.
Vote: Ayes — Carlisle, Petrish, Brown, Christiansen, Robinette, and Rock. Motion carried.
Approval of Advertise for Bids: Rebuild W.T. Preston Stern Wheel
Mr. Garry Cline, Museum Director, presented a request to Council for authorization to bid the
W.T. Preston Sternwheel Rebuilding Project. The work includes rebuilding the sternwheel due
to rust and wood rot. Funding in the amount of $18,000 will come from the 2001 funds
budgeted for the Preston with the balance to come from funds held by the Anacortes Museum
Foundation. Mr. Cline then used a series of overheads to highlight the deterioration to spokes
and paddles. Discussion followed regarding the replacement material, wood versus synthetic.
Mr. Petrish emphasized the need for using less expensive materials due to the ongoing
expense of maintaining the Preston. After discussion Mr. Brown moved, seconded by Mr. Rock,
to authorize Museum staff to advertise for bids for the W.T. Preston Sternwheel Rebuilding
Project. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion
carried.
Authorization to Purchase: Pickup Truck for Parks Department
Mr. Gary Robinson, Director of Parks and Recreation, reported to Council that the 1976
Chevrolet used at Washington Park has deteriorated beyond repair. Staff is requesting
authorization to purchase a 2001 Dodge % ton pick-up off of the state contract. Mr. Brown so
moved, seconded by Mr. Christiansen. Vote: Ayes — Brown, Christiansen, Robinette, Rock,
Carlisle, and Petrish. Motion carried.
Authorization to Bid: Ridina Lawn Mower for Parks Department
Mr. Gary Robinson, Director of Parks and Recreation, reported that the City's 1986 riding lawn
mower has a crack in its engine block. Staff requests authorization to bid on a new 4WD diesel
mower. Mr. Brown so moved, seconded by Mr. Christiansen. Vote: Ayes — Christiansen,
Robinette, Rock, Carlisle, Petrish, and Brown. Motion carried.
i.
May 21, 2001 - continued
Grimm Sinqle Familv Residence/Fidalao Bav Road (Analication and Anaeals 1`311
Mayor Maxwell convened the Closed Record Meeting on a Conditional Use Permit application
submitted by Don Grimm for a single family residence in the Commercial Marine zone. Mr. Ian
Munce, Planning Director introduced this proposal by first saying that there are two separate
components to this application: (1) determining that the use is appropriate for the area, and (2)
negotiating real estate issues proposed by the Grimms. Using an overhead display Mr. Munce
showed that the Grimm property is north of the train trestle on Fidalgo Bay. The BN track runs
along the edge of the property with 2'/2 acres of upland together with 39 acres of tidelands. The
applicant would like to place a single family home on the upland area. (Single family homes are
exempt from the Shoreline Management Act.) One issue of interest reviewed by the Planning
Commission was a proposed sight -obscuring fence (the Planning Commission asked for design
flexibility with regard to a fence). The Planning Commission also took considerable testimony on
public access; the Planning Commission recommends a 300' area abutting the railroad tracks
be made available for public access to the beach. The Grimms appealed this recommendation.
The Planning Commission recommends approval subject to several conditions. Mr. Munce then
discussed an -adjacent parcel of land owned by the City that could provide a gated pedestrian
and bike access.
The first appellant, Mr. Ross Barnes requested that the Council deny the Grimm appeal to
eliminate public shoreline access from the permit conditions. He recommended extending the
public access to the shoreline east of the existing ordinary high water mark along the full north -
south length of the Grimm property to create lateral shoreline access between existing access
points as specified in the shoreline master program. Should the City trade any right-of-way to
the Grimms that includes public access to the shoreline that the City first secure the continued
right of the public access to the shoreline. He then turned to an overhead to clarify the details of
his appeal. The second appellant, Mr. John Prosser spoke on behalf of the applicants. Mr.
Prosser clarified that the Grimms agreed to the 250' rather than 300' access area. He then
used an overhead to describe the easements locations and history. Mr. Prosser also
highlighted the location of Pressentin's property in relationship to the Grimms. Mr. Pressentin
was not present but the Council received all appeal materials presented.
Discussion followed. Mr. Petrish said he would not support the applicant without a survey
showing building dimensions and location and without total access to the beach. In response,
Mr. Munce asked Council to consider at what point access deliberation shifts from a reasonable
regulation to a regulatory taking of private property. The Grimms have already agreed to 250' of
access. Council discussion followed regarding public access policy and law. After discussion
Mr. Christiansen moved, seconded by Mrs. Robinette, to conduct a site visit. Vote: Ayes —
Robinette, Rock, Carlisle, Petrish, Brown, and Christiansen. Motion carried.
Island Development: Scaled Back Reauest for a 22"d Street Vacation
Mr. Ian Munce, Planning Director, presented a request from Island Development, Inc. for the
vacation of two 12 -foot strips of 22nd Street to move forward. This request was part of a larger
vacation petition to vacate the 12' strips together with a portion of 22nd Street adjacent to "D"
Avenue. Public Hearings were held previously and at that time the Council moved to table the
petition until Island Development submitted a Comprehensive Plan for development of their
surrounding properties. This development proposal has been submitted to City staff and is
under review. Discussion followed regarding resolution of access issues in this area. Without
the full development plan Council agreed to continue to table the vacation petition but to deny
the request to approve the two 12 -foot strips of 22nd Street. Mr. Petrish so moved, seconded by
Mr. Carlisle. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Brown, and Christiansen. Motion
carried.
There being no further business at approximately 9:40 p.m. the Mayor continued the meeting to
3:00 p.m. on Friday, May 25th to conduct a site visit in conjunction with the Grimm Conditional
Use proposal.
Gge Kht, 'an, City Clerk -Treasurer
9
H. Dean Maxwell, Mayo
�Councilmember
•
1600
June 4, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of June 4, 2001 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 Meetinas
Mr. Petrish asked that the minutes of May 21, 2001 be amended as follows: page 4: Island Develooment:
Scaled Back Reauest for a 22nd Street Vacation: next to last sentence add — "Without the full
development plan Council agreed to continue to table the vacation petition, but to deny the request to
approve the two 12 -foot strips of 22nd Street." With that Mr. Brown moved, seconded by Mr. Rock, to
approve the minutes as amended. Vote: Ayes — Petrish, Brown, Christiansen, Robinette, Rock, and
Carlisle. Motion carried.
Citizen Hearings
Mr. Dale Aspness, 2715 Dundee Place, interim President of CCARE, posed questions to the Mayor and
Council about the Port of Anacortes fencing plan at the Airport. The Wetland Delineation Plan and fence
site plan shows crossing wetlands with wetland fencing. Mr. Aspness asked: (1) Does the use of wetland
fencing comply with City Wetlands ordinance. (2) The Port plans to remove trees, stumps, etc., at a
minimum width of 2' either side of the fencing - does this comply with the City Clearing Ordinance. (3)
The fencing layout plan does not reference the 75' buffer — does the fence go on the airport side of this
buffer. (4) The plan removes from public access that area commonly known as the "panhandle" — does
the Port have the right to remove public access to an area specifically noted as a buffer in their 1994
Master Plan. (5) The Plan calls for the fence height to vary without specifics — does the City impose
height restrictions. (6) Does the City plans to verify the Pentec Environmental wetland delineation.
Mayor Maxwell referred the questions to the Planning Director.
Mr. Don Morrow, 4414 Kingsway, objected to the claim that the south end of the airport is not a wetland
area. He then described the underground springs and marshy area that exist year-round. The Planning
Director, Mr. Ian Munce, explained that the City could consult with the Department of Ecology to provide
field assistance in wetland delineation. In the interim, the Planning Director will correspond with the Port
to clarify some of these issues.
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Mayor Maxwell read a Proclamation proclaiming the month of June as "Hire a Veteran Month" and urged
all citizens to recognize and join him in this special observance.
The Mayor then turned to a copy of the "Authority", the newsletter produced by the Washington Cities
Insurance Authority. One article in the issue featured a photograph of the Anacortes Skateboard Park as
an example of a well designed skate board park. Mayor Maxwell praised all the Anacortes youth that
helped design the park.
Mr. Petrish asked for an update on the Vito Ruzich boat ramp and boundary line issues. Mayor Maxwell
reported that this matter will be on the June 11th Study Session agenda.
Decision: Grimm Conditional Use
Mayor Maxwell reconvened the Closed Record meeting on the Grimm Conditional Use permit application
to locate a single family residence in the Commercial Marine zone. Mr. Ian Munce, Planning Director,
underscored the two different dimensions to this proposal: (1) Decision on the conditional use permit
application relative to whether a single family residence is appropriate in this zone, and if so under what
conditions, and (2) Decision on the real estate proposal submitted by the Grimms to the Council involving
an exchange of property and cash and other consideration. While all information has been made
available to all concerned, effort has been made to administer these two issues separately. Mr. Munce
suggested Council review the real estate aspects of the proposal in Study Session and that decision on
the Conditional Use be scheduled for the June 18th Council meeting.
Mr. Munce then turned to the matter of the Pressentin appeal of the Planning Commission
recommendation for approval. Due to a miscommunication Mr. Patrick Pressentin was not present when
Council heard the 3 appeals to this proposal although Council did receive and review his written
submittal. With that, Mr. Pressentin, 443 SW 183rd, Seattle, stepped forward to present his appeal. He
described his family-owned property as a narrow band of property north of the Grimm property. The _
property reserves all littoral and riparian rights across the easement including access to the beach. Mr.
Pressentin discussed access to the beach for both private property owners and the public. Mr.
Pressentin concluded that the proposed non -water oriented use is not consistent with trail use and beach
access by the public. He recommended Council delay decision until technical review of slope stability,
wetland loss, -public access needs, ecology of the beach, and construction buffers.
Mrs. Robinette suggested that more detailed, scaled maps showing ownerships be made available before
the Council reconvenes on this matter. Mr. Christiansen asked for title information on the various
ownerships together with a map showing monuments. The Public Works and Legal Departments will
work towards providing the information requested prior to the June 18th meeting.
Consent Agenda
Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda items. Vote:
Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
1610
June 4, 2001 -- continued
Aaaroval 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
24, 2001 and May 31, 2001 are approved for payment as of this date, June 4, 2001. Council vote was
unanimous.
Claims Warrants
May, 2001: Warrant Numbers 12993 through 13121 in the total amount of $301,666.25
Payroll
May, 2001: Warrant Numbers 18873 through 18973 in the total amount of $153,043.87
In the same motion Council cancelled Claim Warrant # 4519 in.the amount of $23.90; Claim Warrant #
12980 in the amount of $130.00; and Claim Warrant # 9001 in the amount of $9.00.
Council also adopted Resolution No. 1562 setting July 2, 2001 as the Public Hearing date for the
vacation of a portion of 27th Street; Resolution No. 1563 setting July 2, 2001 as the Public Hearing date
for the vacation of a portion of Harrison Avenue; and Resolution No. 1574 setting July 2, 2001 as the
Public Hearing date for the vacation of a portion of the alley in Block 56, Map of the City of Anacortes.
Capital Facilities Plan (CFP) Public Hearing and Ordinance Adoption
Mayor Maxwell opened the Public Hearing to take public comment on the City of Anacortes Capital
Facilities Plan (2002-2007). Study Sessions have been held on the Plan covering the areas of
transportation, parks, public safety, general government, water, sewer, and storm drainage. Only minor
corrections to wording were made and no major changes to the proposed projects. Mayor Maxwell
clarified that each of the items in the Plan will come back to Council for full funding review and approval.
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 adopt the Capital Facilities Plan (2002-
2007) and to adopt Ordinance No. 2559 entitled "An Ordinance Adopting the Capital Facilities Plan
(CFP) for the 6 -Year Period 2002-2007". Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish,
and Brown. Motion carried.
On -Street Parking — Nantucket Inn
Mr. Bob Hyde, Director of Public Works, presented a request from Nantucket Inn, 3402 Commercial
Avenue to provide angled on -street parking along 34th street adjacent to their business. Referencing
Sections 10.12.070 and 10.12.080 of the Municipal code, Mr. Hyde explained that 34`h street is not
mentioned in these sections which address parallel parking and diagonal parking. Therefore, Council
approval is required for this parking request together with an Ordinance modifying the existing parking
Ordinance, # 2544. Using an overhead display Mr. Hyde pointed highlighted the additional spaces
proposed. The Engineering and Street Departments have reviewed the design with no serious concerns
or objections. Discussion followed on impact to existing driving lane, notification of adjacent Property
owners, drainage issues, existing shared parking arrangement, and future improvements to 34t Street.
Mr. Christiansen asked 'if a shallower angle would help accommodate longer trucks and vehicles. After
discussion, Mr. Petrish moved, seconded by Mr. Carlisle, to approve the Nantucket Inn proposal to
construct angled parking on 34th Street adjacent to their property. Vote: Ayes — Robinette, Rock,
Carlisle, Petrish, Brown, and Christiansen. Motion carried.
Surplus Equipment: Parks Department and Museum
Mr. Russ Pittis, Facilities Manager, presented surplus lists from the Parks and Recreation Department
and the Museum. The listed items, if sold at auction will provide some monetary return to the City; the
listed items have no foreseeable value to the City. After questions on specific equipment, Mr. Brown
moved, seconded by Mr. Christiansen to declare surplus those items outlined in a May 30, 2001
memorandum from Garry Cline, Museum, and May 29, 2001 memorandum from Russ Pittis, Parks
Department. Vote: Ayes — Rock, Carlisle, Petrish, Brown, Christiansen, and Robinette. Motion carried.
Bid Award: Purchase 160 Storz Fire Hvdrant Adapters
Mr. Bob Hyde, Public Works Director, presented a request to Council for the purchase of 160 Storz fire
hydrant adapters. The adapters provide for a simpler, faster hose connection with the hydrant. New
developments are required to provide hydrants for a 5 -inch fire hose so that an adapter would not be
needed. Mr. Brown reported that the adapter has come off the hydrant near his home. Mayor Maxwell
asked the community to report any unauthorized removal of water from the City hydrants to the Police
Department. Bids for the adapters were solicited with the low bid from US Filter, Bellingham in the
amount of $15,360.00. With that, Mr. Brown moved, seconded by Mr. Rock, to award the 160 Storz Fire
Hydrant Adapter bid to US Filter in the amount of $15,360.00. Vote: Ayes — Carlisle, Petrish, Brown,
Christiansen, Robinette, and Rock. Motion carried.
There being no further business at approximately 9:00 p.m. the Mayor adjourned the Anacortes City
Council meeting of June 4, 2001.
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H. Dean Maxwell, Mayor
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1611
June 18, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of June 18, 2001 to order. Roll
call found present: Nick Petrish, Ray Sizemore, Ken Brown, Jeanne Robinette, and Bud Rock.
Absent: Bill Carlisle and Terry Christiansen. Roll call was followed by the Pledge of Allegiance.
Minutes of Previous Meetinas
Mr. Petrish asked that clarifications be made to the minutes of May 21, 2001 to reflect his vote on
the 22nd Street Vacation action. Mr. Petrish emphasized that he did not abstain from the vote, he
recommended the revisions, and that he voted to deny the request to vacate two 12' foot strips of
22"d Street. With those clarifications Mr. Brown moved, seconded by Mr. Rock, that the minutes of
June 4, 2001 be approved. Vote: Ayes — Petrish, Brown, Robinette, Rock, and Carlisle. Motion
carried.
Citizen Hearinas
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communicationv
Mayor Maxwell read a Proclamation proclaiming June 22, 2001 as "National Small Cities Investing in
Communities Day" in Anacortes and urging all.citizens to recognize and support this event.
Mrs. Robinette reported on the Father's Day event sponsored by the Museum Foundation. The
event sponsored tours of the lively, entrepreneurial work places in Anacortes.
The Mayor then drew attention to the map displayed in the Council Chambers outlining the acreage
set-aside by the City's Conservation Easement program.
Ordinance: Revisina Comprehensive Plan and Zonina Ordinance Mans
Mr. Ian Munce, Planning Director, presented revised Comp Plan and Zoning Ordinance maps that
reflect recent Council action to rezone, with conditions, a portion of the Port's airport property. The
maps formalize the rezone. With that, Mr. Rock moved, seconded by Mr. Brown to adopt
Ordinance No. 2560 revising Chapter 17.18 of the Municipal Code and revising the Comprehensive
Plan and Zoning Ordinance maps. Vote: Ayes — Sizemore, Brown, Robinette, Rock, and Petrish.
Motion carried.
Award Library Bid
Mr. Bob Hyde, Director of Public Works, reported that 10 bids were received for the Library
Construction contract. All bids were less than the maximum budgeted amount. The low bid plus two
alternates were received from ANDA Construction, Sedro Woolley in the total amount of $3,966,000.
The background check was favorable. On a question from Mrs. Robinette, Mr. Hyde described the
building heating and ventilation costs relative to energy costs. With that, Mr. Brown moved,
seconded by Mr. Sizemore, to award the Library Construction project to ANDA Construction in the
amount of $3,966,00 including Alternates #1 and #7. Vote: Ayes — Brown, Robinette, Rock, Petrish,
and Sizemore. Motion carried. Mayor Maxwell announced that the ground -breaking ceremony will
be at 12:00 p.m. June 21s` at the library site. Mr. Lynn Andrews, ANDA Construction introduced
himself to the Mayor and Council.
Black Rock Open Video Svstem Franchise: Ordinance
Mr. Ian Munce, City Attorney presented an Ordinance to Council granting a 4 -year franchise to Black
Rock Cable, Inc. to operate an open video system (OVS) for the distribution of television and other
electronic signals within all City rights -of -ways. The Ordinance before Council reflects
recommended amendments made by Council during Study Session review. Mr. Munce then turned
to an outstanding contract issue. Mr. Munce recommends language in Section 8: Government
Access Eouipment to allow for two public OVS connections (1) to Mr. Vernon and the water
treatment facility and (2) a connection in -town linking fire, library, city hall, and police departments.
Black Rock, Inc. proposes one or the other but not both. Discussion followed regarding federal
regulations and community concerns regarding high speed data transmission and public availability.
After discussion, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2561
granting a 4 -year franchise to Black Rock Cable, Inc. for the construction, maintenance, and
operation of an open video system. The motion also included Section 8 language to indicate one or
the other of the two proposed public OVS connections. Vote: Ayes — Robinette, Rock, Sizemore,
and Brown. No = Petrish. Motion carried.
Grimm Proposals: Next Step
Mr. Ian Munce, Planning Director, reviewed the action to date on the Grimm Conditional Use permit
application to locate a single family dwelling in the CM Zone. In addition to the Conditional Use
issue, the Grimms have proposed a real estate transaction. At the last meeting on this issue Council
June 18, 2001 - continued
1612
asked for title reports and better maps with more cross-referencing between maps in order to decide
both issues. One title report has been prepared with others to follow. In an effort to prepare the
requested maps Public Works has determined that additional survey work will be required with an
approximate cost of $5,000. Council will need to determine responsibility for the costs of the survey
work. Mr. Sizemore pointed out that the City is one of the property owners involved. Discussion
followed regarding the decision schedule for this project. Mrs. Robinette discussed suggested that
action could be taken on the Conditional Use Permit to resolve the land use issue. Discussion
followed regarding surveying the remaining railroad right of way. With that Mr. Sizemore moved,
seconded by Mr. Petrish, to authorize the expenditure not to exceed $5,000 to survey property
relative to the Grimm Conditional Use proposal. Vote: Ayes — Rock, Petrish, Sizemore, Brown, and
Robinette. Motion carried.
Consent Agenda
Mrs. Rock moved, seconded by Mr. Sizemore, to approve the following Consent Agenda items.
Vote: Ayes — Petrish, Sizemore, Brown, 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
June 7, 2001 and June 14, 2001 are approved for payment as of this date, June 18, 2001. Council
vote was unanimous.
Claims Warrants
Jun, 2001: Warrant Numbers 13126 through 13320 in the total amount of $985,145.24
Prewritten Claims
Jun, 2001: Warrant Numbers 13122, 13123, 13124, 13125 in the total amount of $12,024.75
In the same motion Council cancelled Claim Warrant # 1818 in the amount of $17.79
Public Hearina: Rock Ridae West Latecomer Aareement
(The proceedings are on tape and filed at Citv Hall)
Mayor Maxwell opened the Public Hearing to take public comment on the Rock Ridge West
Latecomer Agreement. Mr. Ian Munce, Planning Director, explained the process whereby a property
developer can recoup some portion of development costs; he also spoke to the merits of having this
system in place. During the preparation of the three agreements now before Council it was
determined that the administrative fees should be increased significantly. Mr. Munce then
introduced Mr. Jim Pemberton, consultant responsible for the development of the three Latecomer
Agreements before Council this evening. Mr. Pemberton then used an overhead display to show the
23 -lot subdivision in the Tuttle & Buckley addition approved by the Council in 1999. The project
required some improvements to 301h Street outside of the limits of the project so that there could be
two access points. 301h Street between Oregon and Pennsylvania Avenues was improved. Oregon
Avenue was improved to full street standards with waterline, sewer, and stormsewer line extension.
These improvements benefited not only the developer but also some adjacent property owners.
Mr. Pemberton then explained the methodology for determining the prorated share of the costs.
Property owners were notified of the proposed costs and two requests for a public hearing were
received: (1) Mr. and Mrs. Tom Preston, (2) Eric and Dulcie Bowman. Mrs. Dulcie Bowman, 2205
Anacopper Road, thanked the Public Works department for background documents that were
provided for her study of the latecomer process. Using an overhead display Mrs. Bowman pointed
to her property. While recognizing the benefits she will receive for these improvements, she asked
that the Council exempt her single family residence from the assessment roll. Mr. Tom Preston,
1905 Anacopper Mine Road, would not be in favor of an increase in the street and stormsewer costs
per site and per front foot. Mrs. Bowman discussed fairness in assessing people who are outside
the boundaries of the project. There were no further comments and the Mayor declared the Public
Hearing closed. Mr. Pemberton defined benefit in terms of property value. Mr. Rock suggested that
the assessment should be recalculated to include the Rock Ridge lots as well as the adjacent
properties. Mrs. Robinette seconded the motion. Vote: Ayes — Petrish, Sizemore, Brown,
Robinette, and Rock. Motion carried.
Public Hearing: Tomasko Latecomer Aareement
Mayor Maxwell opened the Public Hearing on the proposed Tomasko latecomer agreement for
utilities constructed in the vicinity of 28th Street and "D" Avenue. These facilities were constructed in
1995/1996 for Rupert Moore, MTS Investments/Tomasko Brothers, Inc. The application was
submitted in 1999. Mr. Jim Pemberton, consultant, described the details of the improvement project;
the utilities have been tested and are functioning and there are buildings on the site. Latecomer
fees were calculated and property owners were notified. Mr. Pemberton recommended that, if
approved, the effective length of the agreement should be shortened.
161 ane 18, 2001 - continued
Mr. John Prosser, representing property owner William Luthiger, described the history of the
property ownership. Mr. Prosser spoke against the Latecomer Agreement stating that it has been
presented after the fact. Mr. Don McKee, 201 Curtis Drive, said that the improvements were
installed without any notification or discussion between property owners and the then -owners,
Tomasko Brothers, Inc.; Mr. McKee spoke against approval. There were no further comments and
the Mayor declared the Public Hearing closed. Discussion followed regarding time limits for the
submission of latecomer agreements. The application process was also reviewed with a suggestion
that an "intent to submit a latecomers agreement" should be issued so those potential participants
could be notified but that construction could continue. After discussion, Mr. Rock moved, seconded
by Mr. Sizemore that the Tomasko Latecomer Agreement would be five years in length, the
latecomer fees outlined in Attachment 2 to a June 12, 2001 memorandum from Bob Hyde, Director
of Public Works, be halved. Vote: Ayes — Sizemore, Brown, Robinette, Rock, and Petrish. Motion
carried.
Sunset Cove Latecomer Agreement
Mayor Maxwell then introduced a third Latecomer Agreement application. Mr. Petrish said he was
related to two of the property owners listed in this proposal; no one objected to his deliberating in
this matter. Mr. Jim Pemberton, consultant, explained that the Washington Park/Sunset Cove
development project required a sewer extension from Sunset Avenue northerly along Puget Way to
serve the single-family portion of the development. This extension provides benefit to abutting
properties not owned by the development and the applicant has applied for a Latecomer Agreement.
Using an overhead display, Mr. Pemberton traced the sewer line extension. Latecomer agreements
were assessed and property owners were notified. No requests were made to hold a public hearing.
After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to approve the Sunset Cove
Latecomer Agreement as presented. Vote: Ayes — Brown, Robinette, Rock, Petrish, and Sizemore.
Motion carried.
Declaration of Surplus Items
Mayor Maxwell presented a list of items to be declared surplus equipment from the Finance, Fire,
Maintenance, Wastewater, and Police departments. Mr. Rock moved, seconded by Mr. Sizemore,
to declare all items listed in the packet as surplus. Vote: Ayes — Robinette, Rock, Petrish,
Sizemore, and Brown. Motion carried.
Acceptance of Improvements
Mr. Dave Lervik, City Engineer, presented the following projects for Council acceptance: (1) "Q"
Avenue Reconstruction Project between 11th and 22"d Streets. Northwest Construction was
awarded the construction contract, the .work is complete. (2) 2000 small diameter waterline
replacement and Whistle Lake Road waterline Replacement project. Approximately '/2 mile of
waterline was replaced at six locations and the Whistle Lake project is part of a process in
abandoning a 16" steel pipe. The project was awarded to BBG Group and the work has been
completed in accordance with specifications, has been tested and is in service. (3) 2000 Stevenson
Road waterline replacement and Turbo Flow Meter Installation. Replacement of approximately 700'
of waterline and installation of 3 Turbo Flow Water members to meter water sold to Public Utility
District # 1. With that, Mr. Brown moved, seconded by Mr. Sizemore to accept all three projects as
complete thereby initiating the 30 -day lien period. If no valid liens are filed any retainage now held
will be released. Vote: Ayes — Rock, Petrish, Sizemore, Brown, and Robinette. Motion carried.
Street Fair Application
Mr. Bob Hyde, Director of Public Works, presented an application from Anacortes Women of Today
for a street closure on the 4th of July from 9:00 a.m. to 1:00 p.m. Mr. Hyde referenced a June 13,
2001 memorandum from Mr. Doug Terry outlining the street closures, parking restrictions, police
services, and public work services to be provided. With that Mr. Rock moved, seconded by Mr.
Brown, to approve the 41h of July Extravaganza street fair application. Vote: Ayes — Petrish,
Sizemore, Brown, Robinette, and Rock. Motion carried.
Mayor Maxwell announced that the Study Session of June 25, 2001 has been cancelled.
There being no further business at approximately 9:45 p.m. the Mayor adjourned the Anacortes City
Council meeting of June 18, 2001.
Ge aKht 'an,`Ci Clerk -Treasurer
/�Councilmember
i7 • Z
4-
H. Dean Maxwell, Mayor
1614
July 2, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of July 2, 2001 to order.
Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry
Christiansen, and Bud Rock. Absent: Jeanne Robinette. Roll call was followed by the Pledge
of Allegiance.
Minutes of Previous Meetinas
Mr. Brown moved, seconded by Mr. Petrish, that the minutes of June 18, 2001 be approved as if
read. A typographical error on page 2 was corrected. Vote: Ayes — Petrish, Sizemore, Brown,
and Rock. Abstain: Christiansen, and Carlisle. Motion carried.
Citizen Hearinas
No citizens present wished to testify on matters not on the agenda.
rMayor/ouncil Communication
vC.aviva.1 .-o-oc:ovaoiocvvaa.r. Communication
Mayor
Mayor Maxwell read a congratulatory letter to Mrs. Jenifer Troxel, recipient of the Mayor's
Award of Merit. The letter highlights Mrs. Troxel's outstanding performance in the finance
department particularly during the implementation of new financial software and payroll
systems. As a recipient, Mrs. Troxel received a gift certificate to a local restaurant and her
name will be added to a plaque featuring other Award of Merit recipients. Applause
accompanied Mrs. Troxel as she stepped forward to receive the award.
The Mayor then read from a Proclamation proclaiming the month of July as Recreation and
Parks month and encouraged all citizens to celebrate by actively participating in their choice of
constructive leisure activities.
The Mayor then reported that for health reasons Mrs. Robinette was unable to attend the
Council meeting. The Mayor and Council wished her a speedy recovery.
The Mayor concluded by announcing that the City received an Unfair Labor Practice (ULP) from
the International Association of Firefighters. The City has been working with Fire District # 13
as the City moves into the newly annexed South March Point area. This interim agency
association prompted the ULP.
Mr. Sizemore then gave a detailed report on an attempted car theft in the Industrial Park area.
The incident occurred in the early morning hours and was discovered by Officer Chad Pruiett.
Mr. Sizemore praised the efforts of all the officers who responded to the call. As the van was
owned by Mr.. Sizemore he was most appreciative that the robbery was thwarted.
Mr. Christiansen asked the Public to exercise extreme caution over the 4ch of July holiday to
avoid fires and personal injuries.
Van Buren/Diller Possible Easement from Heart Lake Road Over Citv Forestlands: Public
Hearinq
Mayor Maxwell opened the Public Hearing. Using an overhead display Mr. Ian Munce, Planning
Director, outlined the Van Buren/Diller easement issue. Of the two 40 -acre parcels the Diller
property appears to have an easement over the City forestlands while the Van Buren property
does not appear to have any available access. The former City Attorney, Mr. Steve Mansfield,
concluded that there was not a prescriptive right over City forestland; it can be sought but there
isn't a private right of action over public property to gain access over City forestlands. The Van
Burens subsequently approached the Council regarding access; Council asked to explore
options between the parties with the goal of one easement to both properties. Documentation
now before Council contains an agreement whereby the Dillers give up their apparent easement
in favor of a joint easement; the agreement is described as 20' expandable to 60' under certain
circumstances. Additionally, there are topographic challenges as well as County building
requirements to be addressed. This hearing is to take public comment on the merits of moving
the combined access proposal forward. On a question from Mr. Rock, Mr. Munce explained that
topographically ready access was not available from the west. A July 2, 2001 letter from Anne
Jackson opposing the easement was submitted as a hearing exhibit.
The Mayor then opened the hearing for public comment. Mr. Tom Solberg, 19019 Minnie Road,
Alger, spoke in support of the easement proposal pointing out that the property has been in one
family ownership and undeveloped over the greater part of the last century. Now that they are
ready to develop access should be granted. Mr. Jim Murphy, 3611 W. 5 1 St., opposed access
over the forestlands. He suggested that access should be developed from the west and spoke
against fragmentation of the forestlands. If approved access should be kept to a single private
driveway. Mr. Ross O. Barnes, 13695 Harbor Lane, asked that materials submitted for the May
Council discussion on this matter be made part of the public hearing record. The Mayor clarified
that Council has received the documentation. He then submitted a map showing the western
1 6 1 Sly 2, 2001 - continued
end of the topo cross-section map. Mr. Barnes recommended against the easement; as an
alternative he proposed support of the Forest Advisory Board recommendation to use the Diller
easement. Mr. Richard Treston, 4306 St. Mary's Drive, suggested the possibility of the
purchase of the Van Buren property by the City and that the revenues from the Lakeside Quarry
be used as a means for payment. Mr. John Miller, 1102 7th St., discussed Skagit County
jurisdiction issues, pointed out that if approved this access will encourage timber harvesting; if
granted the easement should be limited in' size and use. The City should have land use
approval; compensation fees should be calculated by increase in property values. Mr. Richard
Bergner, 15515 Yokeko Drive, President of the Friends of the Forest, recommended against an
easement across the forestlands; if no other option is available, the easement should be located
on the apparent Diller easement. Mr. Philip Burton, 620 Commercial, while opposing any
easement, favored the apparent Diller easement. Mr. Gary Jones, attorney representing
Colleen Van Buren, appreciated the Council's willingness to review this issue over the previous
15 year; he discussed different access proposals and recommended approval of the
Resolution/Agreement now before Council. On a question from Mr. Petrish, Mr. Jones
discussed the mechanism for setting a price for the Van Buren property. Mr. Solberg clarified
that the area of controversy is less than an acre and suggested the installation of a 60' road to
avoid this issue in the future. Mr. Barnes re -addressed a feasible and cost-effective route: Ms.
Ramona Hammerly, 1710 7th St., said the property was purchased without access; if an access
was constructed blasting and slope cuts would impact a significant area in the forestlands. Mr.
Stuart Van Buren, 17963 Wood Road, Bow, corrected testimony regarding building on a 12%
slope. He also clarified that proposals have been submitted for appraisers without response
from the City. The road on his property is buildable. There were no further comments and the
Mayor declared the Public Hearing closed.
Mr. Petrish asked to explore appraisal of the property. Mr. Sizemore questioned the
appropriateness of Council review of a private property issue and described the changing
climate with regard to preserving and conserving the forestlands. Mr. Rock agreed with those
comments and discussed the option of purchasing the property. Mr. Christiansen said that
there are a number of projects competing with quarry revenue dollars and that based on
testimony and study of this issue the Diller easement was viable. Mr. Brown pointed out that
over time there have been three access routes to this property; he also spoke to the
community's obligation to address the concerns of these property owners. Mr. Petrish
underscored the City's commitment to protect the forestlands. After discussion, Mr. Sizemore
moved, seconded by Mr. Petrish, to deny the proposal/Resolution to provide access to the
Bell/Diller property. Vote: Ayes — Sizemore, Christiansen, Rock, Carlisle, and Petrish. No —
Brown. Motion carried.
Ruzich Request for Land Sale/Lease Adiustment
Mr. Ian Munce, Planning Director, presented a request to Council from Mr. Vito Ruzich to
transfer approximately 27' of property from the City to him at no cost. The Council previously
allowed the sale of approximately 9' to allow for the construction of their current building in the
Industrial Park area. The remaining 18' at the top of the bank is retained for access to the City's
float in the event the Lease with Mr. Ruzich was terminated. Mr. Munce reported that there has
been no change in circumstance to reverse the City's decision to retain that 18'. Council
deferred action until Mr. Ruzich's attorney has had an opportunity to review the information
package on this issue.
Malo Latecomer: Request for Reconsideration and Reply by Bowmans
Mayor Maxwell presented a request from Mr. Tony Malo, for the Council to reconsider the Rock
Ridge West Latecomers Assessment and proposed amendments. Mr. Christiansen and Mr.
Carlisle stepped down from review and action on this matter. Mr. Sizemore, Mr. Petrish, and
Mr. Rock spoke against reconsideration. Mr. Christiansen and Mr. Carlisle returned to the
Council Chambers.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda
items. Vote: Ayes — Petrish, Sizemore, Brown, 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 June 21, 2001 and June 28, 2001 are approved for payment as of this date, July
2, 2001. Council vote was unanimous.
Claims Warrants
June, 2001: Warrant Numbers 13322 through 13524 in the total amount of $444,335.22
Prewritten Claims
June, 2001: Warrant Numbers 13321 in the total amount of $951.55
Payroll
June, 2001 Warrant Numbers 18974 through 19062 in the total amount of $348,238.32
July 2, 2001 - continued
1616
Resolution: ACFL Trail Maintenance — Grant Proposal to I.A.C,
Mr. Jonn Lunsford, Parks and Forest Lands Manager, by way of background explained that the
City was awarded a grant from the State Interagency Committee for Outdoor Recreation for
ACFL trail maintenance in the amount of $13,616.00. The request now before council is to
apply for a grant in the amount of $18,660 to replace existing trail signage in the ACFL and for
an additional seasonal employee to help with trail repair and erosion control. With that Mr.
Christiansen moved, seconded by Mr. Carlisle, to adopt Resolution No. 1565 entitled "FY2001
ACFL Forest and Watershed Protection. Vote: Ayes — Christiansen, Rock, Carlisle, Petrish,
Sizemore, and Brown. Motion carried.
Street Fair Application — Shipwreck Days
Mr. Bob Hyde, Director of Public Works, introduced a street fair application for Shipwreck Days
(street fair and vintage car show) on the 21s' of July, 2001 from 6:00 a.m. to 6:00 p.m. -
Commercial Avenue from 1st Street to 4th Street; 4th Street from "Q" Avenue to "O" Avenue; and
Commercial Avenue from 4th Street to 11th Street. Conditions and services have been agreed to
by both the applicant and city staff. With that Mr. Brown moved, seconded by Mr. Carlisle to
approve the Shipwreck Days Street Fair application. Vote: Ayes — Rock, Carlisle, Petrish,
Sizemore, Brown, and Christiansen. Motion carried.
Public Hearina: Vacation of Portion of 27th Street
Mayor Maxwell opened the Public Hearing on a petition to vacate a portion of 27th Street
submitted by Cathy and Al Holiday, Virginia Tomasko, and William Luthiger to vacate the North
Half of 27th Street adjacent to Lots 7-11, Block 180, Map of the city of Anacortes; south Half of
27th Street adjacent to Lots 1-6, Block 179, Map of the City of Anacortes; and south Half of 27th
Street adjacent to Lots 17 to 20, Block 6, Pleasant Slope to Anacortes. Mr. Bob Hyde, Director
of Public Works, utilized overhead photographs so that the Council and audience could
familiarize themselves with the site. Included in the photos was a view of improved 28th Street
from "D" Avenue to the Pleasant Slope Addition. The petitioners seek to increase their present
property boundaries and to enhance their ability to sell the property. Mr. Petrish asked if there
are plans to develop 28th Street. Mr. Hyde responded that the City does not ; nor has the
property owner submitted a development plan. The Board of Adjustment held a public hearing
on this matter and recommended approval of the request as presented although there was one
dissenting vote.
Mr. Al.Holiday, 2025 N. 3`d, Phoenix,- AZ spoke in favor of the petition. Mr. John Prosser, 404
2nd Street, provided an overhead display of the surrounding property in Pleasant Slope Addition.
Mr. Prosser also detailed the surrounding ownership and shared a general approach to future
development of 28th Street with no plans for development of 27th and 291h Streets. Mr. Prosser
described the ownership history of the property. Mayor Maxwell referenced staff issues about
fire and public safety concerns attached to development of this property. Mr. Holiday asked if
there was a potential conflict of interest for Mr. Petrish as his mother-in-law owns property at
28th Street and "H" Avenue. No one in the audience challenged Mr. Petrish's ability to hear this
issue. Mr. Ken Wilson, 2202 Dublin Place, Board of Adjustment member, explained that he
voted against this proposal due to potential traffic constraints caused by blocking this right-of-
way. Mr. Prosser again explained that 27th and 291h will not be developed in this area. Mr. Dave
Lervik, City Engineer, explained that 27th and 29th Streets do not lead to "J" Avenue while 28th
Street does; he also spoke in favor of a single point of access onto "D" Avenue. There were no
further comments and the Mayor declared the Public Hearing closed. Mr. Carlisle pointed out
that the residences of Creekside will benefit from the buffer formed by this potential vacation.
After discussion, Mr. Christiansen moved, seconded by Mr. Brown, to approve the request to
vacate a portion of 27th Street as petitioned. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown,
Christiansen, and Rock. Motion carried.
Public Hearina: Vacation of Portion of Harrison Avenue
Mayor Maxwell opened the Public Hearing to review a Petition to vacate submitted by Aaron
and Shelly Jensen to vacate a portion of Harrison Avenue adjacent to Lot and 8, Block 5, First
Plat of Ships Harbor. Using an overhead display Mr. Bob Hyde, Public Works Director,
highlighted the area to be vacated; the remaining south half of the Harrison Avenue right-of-way
was vacated in 1988. They petitioners would like to acquire this land as a buffer between their
home and adjacent development. They have maintained the property for over 6 years; Harrison
Avenue leads to a .delineated wetland. Two letters of comment were received and forwarded to
Council. The Board of Adjustment held a public hearing on this matter and voted to recommend
approval.
Mr. Aaron Jensen, 2616 Shannon Point Road, used photographs to highlight the development
surrounding his property. In response to one of the letters received Mr. Jensen shared recent
low rainfall statistics; he then produced photographs to show that in spite of low rainfall there is
considerable standing water. Mr. Ross O. Barnes, 13695 Harbor Lane, described the approved
wetland delineation he provided for property to the south. There were no further comments and
161 Ouly 2, 2001 - continued
the Mayor declared the Public Hearing closed. With that Mr. Sizemore moved, seconded by Mr.
Rock, to vacate that portion of Harrison Avenue described in the petition to vacate submitted by
Aaron and Shelly Jensen. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Rock, and
Carlisle. Motion carried.
Public Hearina: Vacation of Allev. Block 56. Chandler Sauare
Mr. Petrish stepped down from deliberation on this matter. Mayor Maxwell opened the Public
Hearing on a petition submitted by Security Investors, Inc. to vacate a portion of the alley in
Block 56 between "N" and "O" Avenues. Mr. Bob Hyde, Director of Public Works, used an
overhead display to show the property location . In March of 1999 the Council denied a petition
to vacate this same alley citing limited underground utility access, limited garbage truck access,
and public input regarding the use of the alley for vehicular and pedestrian traffic. The
Petitioner, Mr. Lanney Wixson, explained at the Board of Adjustment Public Hearing on this
matter, that vacating this alley would provide for a ground level connection from Chandler
Square and a facility annex on 12th Street and "O" Avenue. The Board of Adjustment
recommended approval subject to City approval of underground utility revision design and
accessibility. The Board also recommended improvements to the adjacent sidewalk. Public
Works expressed concern regarding garbage truck access.
Mr. Lanney Wixson, Security Investors, Inc. showed several overhead displays showing the
proposed annex and ground level connection between the buildings. Mr. Wixson introduced Mr.
Dave Hanes, architect and Ms. Paul Tomlinson, Manager of Chandler Square. Mr. Pat Mooney,
2012 41s' Street, opposed the alley vacation due to traffic issues. Mrs. Maria Petrish, 1907 9'h
Street, spoke on behalf of her mother who lives at 1302 N Avenue. Mrs: Petrish expressed
concerns regarding access and suggested that the architectural issues could be further
addressed. Mr. Buddy Brown, 1202 14th Street, uses this alley as walking access. Mrs. Marija
Franulovich, 1302 N Avenue, spoke against the vacation of this alley pointing out that there are
parking issues for staff and overall disruption of the residential neighborhood. There were no
further comments and the Mayor declared the Public Hearing closed.
Mr. Carlisle pointed out that the installation of a signal at 12th and "M" Avenue will provide some
relief from the traffic problem on Commercial Avenue. Mr. Brown suggested that the concerns
raised during the first attempt to vacate this alley are still valid. After discussion, Mr. Sizemore
moved, seconded by Mr. Rock, to deny the vacation petition. Vote: Ayes — Sizemore, Brown,
Christiansen, and Rock. No — Carlisle. Motion carried.
There being no further business at approximately 10:30 p.m. Mayor Maxwell adjourned the
meeting.
w, Z -e. -
Geo
htaia , City Cl+l k -Treasurer H. Dean Maxwell, Mayor
ouncilmember 5
1618
July 16, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled meeting of July 16, 2001 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
The following corrections were made to the minutes: page 3, second paragraph, "Mr. Carlisle
and Mr. Christiansen returned to the Council Chambers"; page 5, last paragraph, "Mr. Carlisle
pointed out that the installation of a signal at 12th and "M" Avenue will provide some relief from
the traffic problem on Commercial.; page 5, last paragraph, "Ayes - Sizemore, Brown,
Christiansen, and Rock." With that, Mr. Christiansen moved, seconded by Mr. Rock, to approve
the amended minutes of July 2, 2001. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen,
Rock, and Carlisle. Abstain: Robinette. Motion carried.
Citizen Hearings
Mayor Maxwell introduced the City's Town Crier,, Ms. Judy Jewell. Ms. Jewell reported on three
invitational town crier competitions in England. Ms. Jewell placed third at one of the events, and
while in Chester won the Humorous Champion of the World award. Ms. Jewell then read a
letter from the right worshipful Lord Mayor of the City of Chester extending greetings of good will
and friendship from the members and officers of the Chester City Council.
Mavor/Council Communication
Mayor Maxwell reported on the July 4th fireworks public safety incidences as follows: from June
30th to July 5th there were 59 calls regarding fireworks; a number of fireworks were confiscated
and citations issued; and 6 grass fires were extinguished.
Referencing Parks & Recreation Advisory Board meeting minutes, Mr. Petrish asked if a
drawing attached to those minutes accurately depicts the recently purchased engine for the
Anacortes trail and rail program. If so, Mr. Petrish said the engine depicted was not acceptable
as part of the proposed Anacortes Railway line project. The Mayor clarified that a Council -
approved franchise will be required for the Railway and all safety issues, at grade crossings,
and aesthetic issues will be addressed. Mr. Sizemore, slated to haul the engine to Anacortes,
described the vehicle in some detail. The Mayor said he would write to the Railway committee
asking for an engine update and progress report.
Mr. Brown moved, seconded by Mr. Carlisle, to bring the Chandler Square alley vacation
petition back to the table. Vote: Ayes - Sizemore, Brown, Christiansen, Rock, and Carlisle.
Abstain: Robinette, Petrish. Motion carried. Mr. Brown then moved, seconded by Mr. Carlisle,
that the Petition, previously denied by Council, be re-examined at a new Public Hearing on
August 6th and that a site visit be conducted at 5:00 p.m. that same day. Vote: Ayes - Brown,
Christiansen, Rock, Carlisle, and Sizemore. Abstain: Robinette, Petrish. Motion carried.
Mrs. Robinette inquired about the Grimm Conditional Use and how the continuing review
process. will evolve. The Mayor explained that the project survey work will provide the
information necessary to continue Council deliberation on this matter. The work is scheduled to
take 30-60 days.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Carlisle, 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 July 5, 2001 and July 12, 2001 are approved for payment as of this date, July 16,
2001. Council vote was unanimous.
Claims Warrants
July, 2001: Warrant Numbers 13526 through 13702 in the total amount of $804,667.41
Prewritten Claims
July, 2001: Warrant Number 13525 in the total amount of $700.00
Pavroll # 2
June, 2001 Warrant Numbers 19065 through 19172 in the total amount of $219,110.67
Direct Deposit Numbers 538 through 669 in the total amount of $161,020.32
EFT Numbers 8 through 9 in the total amount of $88,576.10
1619
July 16, 2001 - continued
Council also adopted Ordinance No. 2563 vacating a portion of 27th Street and Ordinance No.
2564 vacating a portion of Harrison Avenue. Council adopted Resolution No. 1566 amending
the water contract between the City of Anacortes and the City of Oak Harbor; Resolution No.
1567 amending the water contract between the City of Anacortes and the Town of La Conner;
and Resolution No. 1568 amending the water contract between the City of Anacortes and PUD
# 1 of Skagit County.
Contract Approval: Semrau Enaineerina/Sulfuric Acid Tank Conversion Proiect
Mr. Bob Hyde, Director of Public Works, introduced a contract to Council for review and
approval. The contract is between the City of Anacortes and Semrau Engineering for an
amount not to exceed $15,000 to design the plumbing system, chemical transfer pump system
and control required to complete the sulfuric acid tank conversion project at the wastewater
treatment plant. Mr. Hyde then explained the need for additional storage capacity for
hypochlorite that this tank conversion would provide. Questions followed regarding
storage/safety issues and funding details. With that, Mr. Brown moved, seconded by Mr.
Christiansen, to approve the contract between the City and Semrau Engineering in an amount
'not to exceed $15,000 for the Sulfuric Acid Tank Conversion Project. Vote: Ayes - Robinette,
Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried.
Contract Approval: CH MurphviClark-Uliman/Heat Exchanaer Repair
Mr. Bob Hyde, Director of Public Works, introduced a contract to Council for review and
approval. The contract is between the City of Anacortes and CH MurphylClark Ullman in the
amount of $41,000 to perform emergency repairs to the wastewater treatment plant heat
exchanger. Mr. Hyde reviewed the heat exchanger tube sheet breakage/repair history and
characterized the proposed repair as a positive engineering solution. After discussion, Mr.
Sizemore moved, seconded by Mr. Rock, to approve the contract between the City and CH
MurphylClark-Ullman for the heat exchanger repair project in the amount of $41,000. Vote:
Ayes - Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried.
Bid Award: Water Treatment Plant Roof Repair/Savaae Roofina
Mr. Bob Hyde, Director of Public Works introduced a repair agreement to Council for review and
approval. The agreement is between the City and Savage Roofing for the repair to the Water
Treatment Plant main building roof. Bids were solicited with the low bid received from Savage
Roofing in the amount of $15,018.53 plus sales tax. Mr. Brown moved, seconded by Mr. Rock,
to accept the Savage Roofing bid for the Water Treatment plant roof repair. Vote: Ayes -
Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried.
Bid Award: Museum/Preston Sternwheel Rebuild/Berentson Construction
Mr. Garry Cline, Museum Director, introduced the one bid received for the WT. Preston
Sternwheel Rebuild Project. Berentson Construction submitted the bid in the amount of
$30,950 plus tax. Mr. Cline distributed copies of the Preston budget. The Council has reviewed
the detailed repair proposal at previous meetings. Council discussed the financial implications
of this project. Mr. Petrish discussed the Causland Park restoration project. After discussion
Mr. Carlisle moved, seconded by Mr. Sizemore to award the Preston project to Berentson
Construction. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and
Carlisle. Motion carried.
Bid Award Water Treatment PlantlVariable Freauencv Drive # 2/Seven Sisters
Mr. Bob Hyde, Director of Public Works, introduced a contract for review and Council approval.
The contract between the City and Seven Sisters, Inc. is for the installation of Variable
Frequency Drive # 2 in the amount of $5,930. Mr. Hyde explained that due to outdated, older
technology the VFD # 2 will fail. The proposal to install the new pump, purchased in 2001, will
avoid severe disruption to the system and customer demands that failure would bring about.
Mr. Willie LaRue, Plant Manager, answered detailed questions about the pump system. With
that Mr. Sizemore moved, seconded by Mr. Brown, to award the Variable Frequency Drive # 2
installation bid to Seven Sisters, Inc. in the amount of $5,930. Vote: Sizemore, Brown,
Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
Acceptance/Project Completion: 2001 Commercial Avenue Sidewalk Replacement from
7th Street to 8th Street
Mr. Dave Lervik, City Engineer, reviewed a June 12, 2001 memorandum outlining the cost
breakdown, background, and recommendations for Council approval of the Downtown Sidewalk
Project improvements. The final contract amount is $95,710.98. The sidewalk replacement
project has been implemented to reduce tripping hazards and damage to infrastructure caused
by tree roots, and to reduce infiltration and inflow of storm water in the sanitary sewer system.
The project was complete in April of this year and staff recommends that the work be accepted
as complete. Mrs. Robinette complimented the contractor, Larry Brown Construction of
Bellingham. With that, Mr. Brown moved, seconded by Mr. Rock, to accept the Downtown
Sidewalk Project replacement project from 7th to 8th Streets as complete thereby initiating the
1620
July 16, 2001 - continued
mandatory 30 -day lien period. If no valid liens are filed, any retainage held will be released to
the contractor. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and
Sizemore. Motion carried. The Mayor and Council complemented staff on the excellent project.
Street Fair Applications
Mr. Bob Hyde, Director of Public Works, submitted two street fair applications for Council review
and approval: (1) World Famous Barbecue, 901 7th Street, August 17 -August 19, (2) Anacortes
Arts Festival, August 3 -August 5. Council received complete applications in their packet. Mr.
Hyde pointed out that particular attention will be paid to clean up and that backflow preventers
will be installed at food booths. These are the only changes from previous schedules. With
that, Mr. Sizemore moved, seconded by Mr. Rock, to approve the Eagles World Famous
Barbecue and the Anacortes Arts Festival Street Fair applications. Vote: Ayes - Christiansen,
Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
At approximately 8: 45 p.m. Mayor Maxwell continued this meeting to Monday, July 23, 2001 in
order to award a street overlay bid. The meeting of July 23 rd will again be continued to 5:00
p.m., August 6, 2001 at 12th and "O" Avenue for the purpose of a site visit.
Ge6r66e Krian, City Clerk -Treasurer H. Dean Maxwell, Mayof
Councilmember`
Continued Meeting of July 16, 2001 -- July 23, 2001
Roll call found all Councilmembers present.
Mayor Dean Maxwell called the continued meeting to order at 7:30 p.m.
The Council considered one item continued from the July 16, 2001 meeting, namely calendar
year 2001 Street Overlay Bid Award. Mr. Gordon Bruchner, City Special Projects Engineer,
informed the Mayor and Council that two bids had been received: Lakeside Industries in the
amount of $357,730.05 and Capitals CSR Associated in the amount'of $435,662.50. Mr.
Bruchner added that the line item in the city budget for this work was $300,000.00 and that the
bid amounts reflected some storm drainage work that had been added to the projects. _ After
discussion, Councilmember Carlisle recommended that the City award the bid to Lakeside
Industries. The motion was seconded by Mr. Rock. Mayor and Council agreed that it was their
intent to fund the entire bid amount, depending on fund balances, or in the alternate to adjust
the bid to the $300,000.00 currently available in the budget. Vote: Ayes - Brown, Carlisle,
Christiansen, Petrish, Robinette, Rock, Sizemore. Motion carried.
At 7:45 p.m. Mayor Maxwell continued the meeting to August 6, 2001 at 5:00 p.m. for the
purpose of a site visit to the property located at approximately 12th Street and "O" Avenue.
rge K aian, City Clerk -Treasurer
ch'zz' W46�
H. Dean Maxwell, Mayor"
Councilmember
1621
August 6, 2001
At approximately 5:00 p.m. the Mayor, City Council, and interested parties met at approximately
12 '/2 Street and "O" Avenue for the purpose of conducting a site visit in conjunction with a
petition to vacate a portion of the alley in Block 56, Anacortes Original Addition. No testimony
was taken and at approximately 5:40 p.m. the continued meeting of July 23, 2001 was
adjourned.
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of August 6, 2001
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. Brown moved, seconded by Mr. Rock, that the minutes of July 16, 2001 and July 23, 2001
be approved.as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock,
and Carlisle. Motion carried.
Citizen Hearinas
Mayor Maxwell introduced Mr. Dustin South, Recreation Manager. Mr. South reported on the
successful 12th annual Kids -R -Best Fest held on July 14, 2001 at Storvik Park. Mr. South
thanked the community, service clubs, and volunteers who dedicated countless hours to make
this children's event so successful; there were over 2,000 participants in the activities. Using
photographs, Mr. South told of some of the games and events. He concluded with recognition
of the sponsors and City staff.
:.az a.v.� ,n.,..;ar✓c.vo voo..viov�oirr.cvu0
�.MaT or/Council Communication;
The Mayor said that the Anacortes Arts Festival will provide a full report of this year's Festival;
the Mayor did say that the 9th World Town Criers Championship, held during the Festival, was a
great success. A commemorative gift bell was presented to the City. He then read from an
amusing and warm-hearted letter from the Mayor of the Trowbridge, England Town Council.
Mr. Sizemore reported that starting August 30th the District Court system will hold an evening of
night court in addition to the existing daytime schedule. The evening court date will rotate
location within the County. This will provide an opportunity for those people unable to attend
court due to work responsibilities.
New Public Hearina: Vacation of Allev — Chandler Square
This item is on tape and failed at City Hall
Mr. Petrish and Mayor Maxwell excused themselves from deliberation on this matter. Mrs.
Robinette reported that although she did not attend the site visit, she familiarized herself with
the area and felt that she could participate on this item. Mayor Pro -Tem Christiansen then
explained that the Petition to vacate a portion of the alley in Block 56, Anacortes Original,
previously heard by Council in Public Hearing, was denied. The petitioner subsequently
contacted Councilmembers with a request for a new hearing citing a lack of opportunity to
present all information and evidence.
The new Public Hearing was opened. Two letters were received and entered into the record as
exhibits: (1) August 5, 2001 memo from Jane E. Nelson in favor of the vacation, and (2) an
August 1, 2001 letter from James Miller in opposition of the vacation. Mr. Lanny Wixson,
representing Chandler Square the applicant, explained that the Petition now before Council has
not changed from the original petition submitted. Using overhead displays, Mr. Wixson
described the 2nd floor walkway/crossing between the existing Chandler Square facility and the
proposed complex north of the alley — requiring the vacation of a portion of the alley. Foot traffic
pattern and safety issues were discussed. Mr. Andy Pitz, 1201 12th spoke against the petition
stating that he uses the alley "once in a while". Mr. Andy Mayer, Anacortes Chamber of
Commerce, 819 Commercial, spoke to the need for Chandler Square and that type of living
facility in this community. Mr. Buddy Brown, 1202 14th St., spoke against the vacation and
described the heavy traffic in this area, the garbage truck access, and safety issues. Mrs.
Charlene Brown, 1202 14th St., spoke against the petition and discussed the heavy traffic and
parking issues in this area. Mrs. Marija Franulovich, 1302 N Avenue, spoke against the petition
and described the parking and noise nuisances in the neighborhood due to the adjacent
complex. Ms. Paula Tomlinson, Director of Chandler Square, said new parking spaces will be
created for staff, delivery trucks arrive between 9-10 a.m., and that the new addition with safe
access across the alley would provide a much-needed facility. Ms. Tomlinson then answered
questions on number of staff and shift hours; she also stated that pedestrian access would be
continued in the walkway.
1622
August 6, 2001 - continued
The Mayor Pro -Tem left the hearing open for general comments and dialogue with the Council.
Mr. Wixson said that fire access would still be open at both ends of the alley. Mr. Rock asked
questions. regarding clearance, sewer line locations, safety issues, and discussed alternatives.
Mrs. Robinette discussed the long-term development of the community relative to alley and
right-of-way vacations. Mr. Pitz clarified that sanitation trucks use the alley and described his
own use of the right-of-way. Mr. Pat Mooney, 2010 41$t St., spoke against the vacation.. Mrs.
Maria Petrish, 1907 91h St., spoke against the vacation. General conversation on alternatives
continued between Mr. Wixson, Mr. Rock, and Mr. Brown, architect for the project. Mr. Rock
suggested design options. Mr. Bob Hyde, Director of Public Works, cautioned against alley
access with height restrictions; the City Attorney, Mr. Ian Munce, highlighted the potential
insurance liability issues with height restrictions and other access alternatives under discussion.
Mrs. Petrish spoke again suggesting a basement access. On a question from Mr. Christiansen,
Mr. Munce clarified that with the vacation there would still be access available to Mr. Miller's
property; he further explained that the City Council has both broad police and general health
and welfare powers to balance the needs of the community with respect to expanded housing
for the elderly versus the convenience of an access for a property owners. There were no
further comments and the Mayor Pro -Tem declared the Public Hearing closed.
Mrs. Robinette discussed major arterial, connectors, and the need for alleys adjacent and spoke
against the vacation. Mr. Carlisle discussed the community -wide significance of the additional
Chandler Square facility, and that vacating this alley would support that activity. He suggested
that height restrictions could be a viable solution to neighborhood objections. Mr. Brown
promoted pedestrian traffic in the alley and off-street parking for Chandler Square employees.
He reminded the audience that there will be a stop light at 12th and "M" that will change the
traffic pattern in this area. Mr. Sizemore addressed the liability issues with regard to sanitation
truck access; he supported a 3rd level bridge spanning the alley. With that, Mr. Sizemore
moved, seconded by Mrs. Robinette to deny the vacation petition. Vote: Ayes — Sizemore,
Christiansen, Robinette, Rock, and Carlisle. No — Brown. Motion carried. Mr. Petrish and
Mayor Maxwell resumed their seats.
Resolution: Sidnev Ferry Marketina Proaram Extension
By way of background, Mr. Ian Munce, Planning Director, explained that three years ago the
hospitality industry came to the Council with a request to exercise the option to add a second
2% sales tax to overnight accommodations to be earmarked for marketing Anacortes in relation
to the Sidney Ferry. This tax generates approximately $70,000/year. The Resolution now
before Council authorizes the sum of $70,000 for the calendar year 2001. Mr. Andy Mayer,
Chamber of Commerce Director, reported that ridership is on the increase. He then introduced
Ms. Raschel Richard, consultant for the Chamber of Commerce Washington State Ferries
Victoria/Sidney Run and Anacortes Marketing Plan. Ms. Richard then provided a detailed
description of the ferry ad campaign. After discussion, Mr. Christiansen moved, seconded by
Mr. Brown, to adopt Resolution No. 1569 clarifying the execution of the second 2% tourism
promotion fund contract. Vote: Ayes - Brown, Christiansen, Robinette, Rock, Carlisle, Petrish,
and Sizemore. Motion carried.
Bid Award: Seament 313 -36 -inch Waterline
Mr. Gordon Bruchner, Engineering Consultant, presented the bids received for the Segment 3B
of the 36" waterline replacement project. This section consists of approximately 2,000 feet
along South March Point Road. Low bid was received from Tri State Construction in the
amount of $1,051,667.69. Discussion followed regarding the cost of steel pipe. With that, Mr.
Brown moved, seconded by Mr. Rock, to award the 36" waterline replacement project to Tri-
State Construction, Bellevue, in the amount of $1,051,667.69.Tri State. Vote: Ayes —
Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the following Consent Agenda
item. 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 July 19, 2001 and August 2, 2001 are approved for payment as of this date,
August 6, 2001. Council vote was unanimous.
Claims Warrants
July, 2001: Warrants in the total amount Numbers 13708 through 13982 in the total amount
of $504,703.50
1623
August 6, 2001 - continued
Prewritten Claims
July, 2001: Warrant Numbers 13704, 13705, 13706, 13707 in the total amount of
$157,802.13
Payroll
July 13, 2001 Warrant Numbers 19173 to 19276 in the amount of $105,088.35
Direct Deposit Numbers 670 to 801 in the amount of $170,665.21
EFT numbers 10 to 11 in the amount of $94,298.12
July 31, 2001 Warrant Numbers 19278 through 19375 in the total amount of $197,890.60
Direct Deposit Numbers 802 to 933 in the amount of $168,983.23
Council also cancelled warrant # 18955 in the amount of $6,013.02
Appeal: Home Occuoation Permit Decision
Mr. Rock stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director,
introduced this item to Council. He explained that the Zoning Ordinance allows for Home
Occupations under certain circumstances and under several conditions. Mr. Jean Ewy applied
for a Home Occupation Permit to conduct a balloon bouquet business at her home at 1302 28th
St. Property owners within 300' were notified of this application; one letter supporting the project
was received while five were received asking that the application be denied. Based on this
information and the mandate to protect residential areas the application was denied. Mrs. Ewy
filed an appeal together with a name list of over 40 neighbors supporting the project. Council
received copies of all file documents.
In her appeal letter Mrs. Ewy stated she would not put up a sign, no customers will come to the
home and UPS deliveries would not be beyond what would be expected at a residence. Mrs.
Brenda Newton, 4212 Glasgow Way, spoke on behalf of her mother, Mrs. Ewy. She clarified
the issues of concern. Questions from Council followed regarding the addresses of the names
on the petition, daily activity at the home, delivery of balloons, advertising on the Internet.
Questions followed regarding length of permit and annual review. After discussion, Mr. Petrish
moved, seconded by Mrs. Robinette, that the permit be granted subject to an annual review, no
signs are allowed, the helium tank shall be stored inside, and no customers shall come to the
home. Mr. Munce clarified that the combination of standard and new conditions will provide for
a more restricted activity. Mr. Carlisle suggested that this home occupation should be given the
same opportunities allowed under other permits. Mr. Brown spoke against the need for more
restrictive conditions. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, and Robinette. No
— Carlisle. Motion carried. Mr. Rock returned to his seat.
36 -inch Waterline Route Studv consultant Selection
Mr. Gordon Bruchner, Engineering Consultant, presented a July 25, 2001 memorandum
outlining the background and recommendation for the consultant selection for the 36" Waterline
Route Study. Proposals for professional services were reviewed and evaluated independently
by a panel of six. The evaluation committee's selection is Montgomery Watson. Mr.
Christiansen moved, seconded by Mr. Brown to approve the selection. Vote: Ayes- Carlisle,
Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion carried.
Acceptance of Chlorination Svstem Improvements — Water Treatment Plant
Mr. Bob Hyde, Director of Public works, presented a request to Council to accept the
Chlorination System Improvement project at the Water Treatment Plant. Impero Contracting of
Bellingham was the successful low bidder. Mr. Sizemore moved, seconded by Mr. Rock, to
accept the Chlorination system Improvement project as complete thereby initiating the 30 -day
mandatory lien period. If no liens are filed the City will begin the one-year warrant period. Vote:
Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried.
2002 Tourism Committee
Mr. Ian Munce, Planning Director, presented the Council with a copy of the Project Assistance
Program guidelines and application for 2002 funds. The three Councilmembers to serve on the
committee will be Mr. Petrish, Mrs. Robinette, and Mr. Christiansen. Discussion followed
regarding inquiries for funds and advertising of the project. Mr. Rock suggested that advertising
for this proposal could be handled on Channel 10.
Ordinance Establishina a Street Tree Committee
Mr. Jonn Lunsford, Parks Department, presented a request to Council to adopt an Ordinance
authorizing a Street Tree Advisory Committee identifying the purpose, jurisdiction, process, and
need for this Committee. This Council action would improve the opportunities for grant funding.
After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2565.
Mrs. Robinette spoke to the need for maintaining a balanced representation on the committee.
1624
August 6, 2001 - continued
Mr. Petrish asked about including Causland Park in the "Jurisdiction" Section. Vote: Ayes —
Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Mayor Maxwell thanked
the members of the Committee for assistance on a number of City projects.
Anacortes Airport: Mediation Reauest
Mr. Ian Munce, Planning Director, explained that in May of this year Council changed the zoning
of six acres at the Anacortes Airport subject to conditions. The Port of Anacortes appealed the
conditions attached to the rezone to the Washington State Growth Management Hearings
Board. The Concerned Citizens Against Runway Expansion (CCARE) filed an appeal on the
rezone itself. Mr. Munce anticipates that both appeals will be consolidated into one hearing
later this year. The members of the State's three Growth Hearings Boards encourage parties to
go through non- binding mediation to determine if there is common ground. Mr. Munce
recommended Council concurrence for mediation to occur. Detailed discussion followed
regarding the mediation process. Mr. Rock moved, seconded by Mr. Petrish, to issue a
memorandum to CCARE and the Port of Anacortes to propose mediation pursuant to GMHB
rules and preferences. Vote: Ayes — Brown, Robinette, Rock, Carlisle, Petrish, and.Sizemore.
No — Christiansen. Motion carried.
Approve Architectural Services contract for Preston Visitor Center
Mr. Garry Cline, Museum Director, presented an Architectural contract to Council for review and
approval. The contract between the City and The Henry Klein Partnership, Architects is for the
visitor center at the W.T. Preston Snagboat Heritage Center. The Contracts for this project
were reviewed by the architect selection committee. Detailed discussion followed regarding
funding sources. Mr. Brown moved, seconded by Mr. Petrish to approve the contract with The
Henry Klein Partnership. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish,
Sizemore, and Brown. Motion carried.
Street Fair Application — Class of 1951 Class Reunion Parade
Mr. Sizemore moved, seconded by Mr. Rock, to approve the Street Fair Application for the
Class of 1951 reunion parade of 20 cars. The parade will be on August 17, 2001 from 1:00 p.m.
to 1:30 p.m., Commercial Avenue, 3`d street to 10th Street. Mr. Brown revealed that this was his
class reunion. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and
Christiansen. Motion carried.
There being no further business, at approximately 11:10 p.m. the meeting was adjourned.
e ge Kht an, City Jerk -Treasurer H. Dean Maxwell, May
CounciImember
1625
August 20, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of August 20, 2001
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
Mayor Maxwell asked that the minutes of August 6, 2001 be amended as follows: page 2, 3rd
paragraph, 6" sentence: "Mr. Sizemore addressed the liability issues with regard to sanitation
truck access; he supported a 3rd level bridge spanning the alley." With that, Mr. Sizemore
moved, seconded by Mr. Christiansen, that the minutes of August 6, 2001 be approved as
amended. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle.
Motion carried.
Citizen Hearings
Mr. Stan Jewell, 907 35th Street, resident of Anacortes since 1946, addressed the Council. Mr.
Jewell suggested that the water/sewer rate structure could be revisited so that residences would
not be penalized for watering lawns during the summer months. Mayor Maxwell explained the
current rate structure and invited Mr. Jewell to meet and discuss this issue. Mr. Carlisle asked
that Council review the rate structure in Study Session.
4Mayor/Council
f.nComm.0nications
MayorMa•nxwnela ✓revpro%4rtse:*drtah.oavtstrh.e
Government Access Channel is again available to the public; a
slide is now appearing outlining the Hotel/Motel Fund application process.
Library Artists Contracts (21
Mayor Maxwell introduced two Library -related Contracts for Council review and approval.
Funds for the "Artist Contracts for Library Artwork" will be raised from private funding. Mr. Doug
Everhart, Library Director, outlined previous Council review of artwork design proposals and
budget; the Contracts now before Council are for the construction of this artwork by Lanny
Bergner and Ries Niemi. With that, Mr. Christiansen moved, seconded by Mr. Rock to authorize
the Mayor to enter into the agreements with Lanny Bergner and Riese Niemi for artwork to be
included in the new library. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock,
Carlisle, and Petrish. Motion carried.
Contract Amendment/Montgomery Watson, 36" Waterline
Mr. Bob Hyde, Public Works Director, submitted Amendment # 7 to the Montgomery Watson
Harza contract for Segments 1, 2, and 3 of the 36" Waterline Replacement project to Council
review and approval. Using an overhead of the project area, Mr. Hyde reported on the progress
of the various project segments. Amendment # 7 in the amount of $160,672 includes change to
work already accomplished and to be accomplished, repackaging and rearranging of contract
plans and specs, additional permitting assistance, and inspection and resident engineer
services. Mr. Carlisle suggested that with this and future projects the taxpayers percentage of
costs be identified. After discussion, Mr. Brown moved, seconded by Mr. Sizemore, to approve
Amendment # 7 to the Montgomery Watson Harza 36" Waterline Replacement project. Vote:
Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried.
Airoort Rezone: GMA Appeal/Mediation
Mr. Ian Munce, City Attorney, reviewed action taken by Council to rezone 6 acres of a 10 -acre
rezone proposal submitted by the Port of Anacortes. That decision has been appealed by
CCARE to the Growth Management Hearings Board (GMHB) stating none of the property
should have been rezoned; the Port,,also appealed stating that all 10 acres should have been
rezoned with less restrictive conditions. The GMHB has set up a meeting consolidating the
appeals towards the end of November. Council contacted- both appellants indicating a
willingness to enter into mediation, an action favorably looked on by the Board. CCARE
responded favorably to mediation — the Port attached 3 pre -conditions for mediation to occur.
Questions followed from Council regarding federal or state law preempting the City from zoning
at the Anacortes Airport and the scrivener's error issue (Council hearing on this matter is
scheduled for September 10th). Lengthy discussion followed regarding the process, sequence
of events, schedule, and potential scenarios. Mrs. Robinette prepared an outline of action taken
by the City to date and asked that it be part of the mediation record. Council members were
polled: the mediation conditions recommended by the Port were rejected.
Public Facilities District: Next Steps)
Mr. Ian Munce, City Attorney, introduced a detailed Memorandum from Foster Pepper &
Shefelman, Attorneys at Law, responding to several questions posed by Council regarding a
potential public facilities district (PFD). Mr. Munce referenced a recent Council presentation
from proponents of the new regional arts facility to be located at Skagit Valley College, Mt.
Vernon. The Memo outlines options from forming our own public facilities district in Anacortes
1626
August 20, 2001 -- continued
and contract with the County PFD to jointly put up a facility at Skagit Valley College to
supporting an Interlocal Agreement with Skagit County with provisions spelling out length and
amount of commitment. Councilmembers shared concerns about opting out after bonding
requirements have been satisfied. Council also agreed this was a worthwhile project but
wanted to retain the opportunity to fund a facility in Anacortes. Mr. Munce said that in two
weeks he would bring back an agreement incorporating Council concerns.
Portales Conditional Use Permit Condition # 10: Desian for 2-Wav Turn Lane
Mr. Dave Lervik, City Engineer, introduced Condition # 10 of the Portales Condominium
Conditional Use Permit with regard to a 2 -way turn lane to be installed along the length of the
project frontage, with proponents dedicating sufficient right-of-way to the City to provide a 50 -
foot width north of the existing centerline of the Oakes Avenue right-of-way. Condition # 10 also
provided an opportunity to present an alternative final design to be approved by Council
including a street design from Glasgow to Ferry Terminal Road. Mr. Lervik explained that Jim
Schemmer, consultant for the project, and the State DOT have coordinated the revised design
now before Council for approval. The State has okayed the revision.
Using an overhead display, Mr. Lervik pointed out that the proposal submitted by Portales
provides all necessary improvement within a 40' wide right-of-way. The proposal includes two
lanes to continue through the project, the road will be widened to the north to construct two left
turn pockets, one at Harbor View Lane and one to enter Portales; and a drop lane will be added
for westbound traffic. Staff stated that the proposed design meets the State's and City's
transportation needs and recommends adoption and approval. Discussion followed regarding
traffic levels at full development; also discussed was future need for the full 50'. Mr. Lervik said
that Oakes will support the needs now and in the future. Council discussed consistency of
development requirements along Oakes Avenue. The adjacent Ship Harbor project requires 50'
but was designed with transportation plan goals in effect 20 years ago. Councilmembers
discussed retaining option for a 4 -lane road. Mr. Carlisle moved to approve the proposed
modifications to Condition # 10 of the Portales Conditional Use Permit. Motion died for a lack of
a second. Mr. Brown then asked about retaining the 50" while approving the current 40'
proposal.. After further discussion on future projections Mr. Carlisle moved, seconded by Mrs.
Robinette, to approve the revision to Condition # 10 of the Portales Conditional Use Permit
application. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and
Brown. Motion carried.
Consent Aaenda
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
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 August 9, 2001 and August 16, 2001 are approved for payment as of this date,
August 20, 2001. Council vote was unanimous.
Claims Warrants
Aug, 2001: Warrants in the total amount Numbers 13984 through 14214 in the total amount
of $856,858.05
Prewritten Claims
Aug, 2001: Warrant Numbers 13983 in the total amount of $7,563.20
Payroll
Warrant Numbers 19395 through19494 in the total amount of $101,183.06
Direct Deposit Numbers 934 through 1066 in the total amount of $166,438.54
EFT Numbers from 14 to 15 in the total amount of $91,350.19
Council also cancelled warrant # 13784 in the amount of $80.00
Council adopted Resolution No. 1570, Amendment to water contract with Tesoro Northwest;
Resolution No. 1571, Amendment to water contract with Equilon Enterprises; Resolution No.
1572, Amendment to water contract with Swinomish Tribal Community
Ordinances (3) Vacation of Portion of 27th Street
Mr. Ian Munce, Planning Director, presented the 3 Ordinances to Council for review and
approval. In action previously taken, the Council vacated portions of 27th Street in response to a
Petition entered into by three property owners. Ordinance No. 2563 was then adopted vacating
the right-of-way. If one portion of the Ordinance compensation is required; if one of the 3
property owners decides not to purchase the right-of-way none of the remaining portions can be
vacated. Adopting an Ordinance for each portion requiring compensation within 60 days will
1627
August 20, 2001 -- continued
ensure that all petitioners are able to purchase their portion of the vacated right-of-way. Mrs.
Robinette requested that Council be notified of compensation required for the vacated rights-of-
way. With that, Mr. Rock moved, seconded by Mr. Petrish, that Ordinance Nos. 2566, 2567,
and 2568 vacating portions of 27th Street, requiring compensation within 60 days be adopted.
Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion
carried.
SR 20 Entrance Sian Liahtina (Chamber Reauest)
Mr. Ian Munce, Planning Director, reported that Planning Commissioner Welk pointed out that
the welcoming sign at the entrance of Anacortes is unlighted. The proposal before Council is to
add $2,500 to the current tourism fund contract with the Chamber of Commerce to allow this
lighting project to go forward. Ms. Beth Prins, representing the Chamber, said that the lighting
would enhance the impression visitors have of our community. Mr. Christiansen recommended
that the City confer with the State. Mr. Petrish suggested steps be taken to protect against
vandalism. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the request.
Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock. Motion
carried.
Similk Beach Seotacie
Mr. Ian Munce, Planning Director, opened the discussion on the Similk Beach public health and
environmental problem. As a solution, Skagit Public Utility District is forming a local utility
district to operate a community drain field. In the interim the Health Department is looking for a
cost effective means to have as many septic systems at Similk Beach pumped as often
possible. The discussion for Council is to explore the possibility of establishing a short term
reduced rate to help with this public health situation. Lengthy discussion followed on what rate
to charge over the 2 -year term - $.04/gallon as proposed, and potential enforcement issues.
After discussion, Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2569
amending Anacortes Municipal Code Chapter 13.04 (sewer charges) and to charge the in -city
rate for septage. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock.
No — Carlisle. Motion carried.
Executive Session (30 Minutes)
At approximately 9:20 p.m. Mayor Maxwell announced that the Council would convene in
Executive Session to discuss land trade issues. At approximately 9:50 p.m. the Council
reconvened and without taking any further action the meeting was adjourned.
lotAJ
Geor 7htaXn,City Cie -Treasurer H. Dean Maxwell, Mayo(
` ouncilmember
1628
September 4, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of September 4,
2001 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 asked that the following sentence be added to page 3, Ordinances (3) Vacation
of Portion of 27th Street: "Mrs. Robinette requested that Council be notified of compensation
required for the vacated rights-of-way". With that, Mr. Sizemore moved, seconded by Mr. Rock,
that the minutes of August 20, 2001 be approved as amended. 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@.
`� ., _. -._. .a
Mr. Petrish outlined his+goal for the City to acquire as much waterfront walkway as possible from
Rotary Park to Weaverling Spit for public access.
Mr. Sizemore, Public Safety Committee member, reported on the Committee activities to
develop a 4th of July fireworks venue for the City. The Committee met with Public Safety and
community representatives in order to open the annual dialogue on private versus public
fireworks displays. Funding issues were discussed. It was suggested that a Public Hearing be
held on November 5th with the following hearing Issue: Total ban on fireworks inside the City
limits. Increased law enforcement and funding issues were discussed in reference to
conducting to a public event.
Mr. Rock suggested to the sponsors of the Port of Anacortes Candidates Night to tape the
meeting for the benefit of the viewing public.
South March Point Road Annexation: Public Hearinq
Mayor Maxwell opened the Public Hearing on the South March Point Road Annexation. Mr. Ian
Munce, Planning Director, used overhead and wall displays to point to the proposed 15 -acre
annexation parcel at South March Point Road. Mr. Munce then characterized issues of fire flow,
sewer extension, time -frame for utility installation, irregular annexation boundaries, concurrency
of services, and ownership issues connected to this parcel. Legally binding petitions signed by
the property owners constituting more than the 60% required have been received. The
petitions, should Council approve the annexation, would go to Skagit County and to the
Boundary Review Board for review. The Annexation Ordinance now before Council would
become effective March 1, 2002 in time to collect tax revenue for next year from this area. The
entire annexation area is in the City's Urban Growth Area. In conclusion, Mr. Munce highlighted
that demand for services is driving the annexation request.
The Mayor then opened the Hearing for public comment. Mr. Jim Grove, Skagit County Fire
District # 13, testified that Fire District # 13 does not oppose the annexation. There were no
further comments and the Mayor declared the Public Hearing closed. After discussion, Mr.
Christiansen moved, seconded by Mr. Carlisle to adopt Ordinance # 2570 entitled, "Annexation
at 9663 March Point Road. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock,
Carlisle, and Petrish. Motion carried.
Resolution: Public Facilities District Interlocal Agreement
Mr. Ian Munce, Planning Director, explained that Skagit County has formed a Public Facilities
District (PFD) to build a performing arts and conference center. For the County to avail
themselves of a state sales tax rebate, construction must be underway by the end of 2002. The
PFD has been formed — Skagit County has approached its cities with a request not to form their
own districts that would potentially have the right to use the same revenue flow. To move
ahead with this project the County will need to issue bonds — in that regard the County has
proposed an interlocal agreement with the City to not form its own PFD. Once the City pays its
share of the initial bond offering, however, the City may choose to then form its own PFD.
Should the Council enter into this agreement the County and the PFD will review.
Discussion followed available funding mechanisms. Also, changes were recommended to
clarify Article 1.1 Formation and Activities, (b) and (d) by adding the language "as described in
Recital E" following the words, "sales tax". Also add "as described herein" to Recital H. With
those modifications Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Resolution No.
1573 entitled "A Resolution Authorizing an Interlocal Agreement regarding Financing,
Development, and Operation of a Regional Center Facility. Vote: Ayes — Brown, Christiansen,
Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried.
1629
September 4, 2001 -- continued
Acceot as Complete: Police/Court Buildina Proiect
Mr. Bob Hyde, Director of Public Works, presented a request to Council to accept the
Police/Court Building Project as complete. The building has been occupied for approximately
one year and the architect and construction manager communicated by letter that the punch list
is complete. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to accept the
Police/Court Building Project as complete thereby initiating the mandatory 30 -day lien period. If
no liens are filed the retainage now held will be released. Discussion followed regarding the
building's energy costs and modifications to the building's sign. Vote: Ayes — Christiansen,
Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
"Q"Avenue Reconstruction Project Consultant Contract Amendment
Mr. Dave Lervik, City Engineer, presented an amendment to the contract with Perteet
Engineering to include the construction management of the "Q" Avenue reconstruction project.
The amendment is in the amount of $13,644; the estimated amount of time spent on this project
exceeded the original contracted budget. With that, Mr. Sizemore moved, seconded by Mr.
Petrish, to approve the supplement in the amount of $13,644 to the contract with Perteet
Engineering for the "Q" Avenue Project. Discussion followed regarding the "Q" Avenue
entrance to Food Pavilion. Vote: Ayes — Robinette, Carlisle, Petrish, Sizemore, Brown, and
Christiansen. No — Rock. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda
items. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette.
Motion carried
Agnroval 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 23, 2001 and August 30, 2001 are approved for payment as of this date,
September 4, 2001. Council vote was unanimous.
Claims Warrants
Aug, 2001: Warrants Numbers 14217 through 14405 in the total amount of $375,191.66
Prewritten Claims
Aug, 2001: Warrant Numbers 14215, 14216 in the total amount of $112,196.67
Council also cancelled Claims Warrant # 14167 in the amount of $27.87
Business License: Countv Taxi
Mr. Ian Munce, City Attorney, presented a Taxi License Application submitted by Opal Moore on
behalf of County Taxi. City Ordinance requires a background investigation of the license
application as well as of the individual drivers. The investigation is complete and the Police
Chief recommends that the license, as submitted, be approved. With that, Mr. Christiansen
moved, seconded by Mr. Brown, to approve the Taxi License Application for County Taxi.
Discussion followed regarding taxi and van services within the City. Vote: Ayes. - Petrish,
Sizemore, Brown, Christiansen, Robinette, Rock and Carlisle. Motion carried.
Street Fair Applications — Ovster Run and Antiaue Steam and Gas Enaine Day,
Mayor Maxwell introduced two street fair applications for the Antique Steam and Gas Engine
Day on September 15th and the September 30th Oyster Run. The Council received copies of the
applications together with an August 2, 2001 memorandum from Mr. Hyde to the Mayor and
Council detailing both events. Staff recommends approval based on the applications submitted.
Mr. Brown moved, seconded by Mr. Sizemore, to approve the Street Fair applications for the
Antique Steam and Gas Engine Day and the Oyster Run. Vote: Ayes — Petrish, Sizemore,
Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried.
Ordinance — Desianatina an Aaent to Receive Damaae Claims
Mr. Ian Munce, City Attorney, submitted an Ordinance for Council review and approval. The
Ordinance formalizes the City's current procedure for Mr. George Khtaian, City Clerk, to receive
damage claims against the City of Anacortes. The Ordinance is provided pursuant to RCW
4.96.010. With that, Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Ordinance No.
2571. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish.
Motion carried.
Citv Hall Liahtina Proposal
Mayor Maxwell, submitted a lighting proposal for the City of Anacortes and Fidalgo Center from
Valley Electric. Mr. Russ Pittis, Facility Manager, asked for Council approval to enter into an
agreement with Valley Electric for the City Hall lighting retrofit project to lower the lamp wattage
1630
September 4, 2001 -- continued
and improve the quality of light throughout the building. This project is available for funds under
Puget Sound Energy's funding guidelines. Mr. Sizemore asked that PSE's contribution
percentage be clarified. Mr. Sizemore moved, seconded by Mr. Carlisle to approve the Valley
Electric Lighting proposal of August 20, 2001. Vote: Ayes — Brown, Christiansen, Robinette,
Rock, Carlisle, Petrish, and Sizemore. Motion carried.
Bid Award: ChemicalsMater Treatment Plant
Mr. Bob Hyde, Director of Public Works, explained that chemical bids are requested every two
years with the last bid request received in August of 1999. Using an overhead, Mr. Hyde
compared the bids recently obtained to those approved two years ago. The Council received an
August 16, 2001 memorandum from Mr. William LaRue, Plant Manager listing the chemical
names and bid prices. With that, Mr. Christiansen moved, seconded by Mr. Brown, to approve
the Chemical Bid Recommendation 2001-2003. Vote: Ayes — Christiansen, Robinette, Rock,
Carlisle, Petrish, Sizemore, and Brown. Motion carried.
At approximately 9:20 p.m. Mayor Maxwell announced that this meeting will be continued to
Monday, September 10, 2001 in order to conduct a Public Hearing on the alleged scrivener's
error. Agenda packets on this item were previously distributed.
-C
orge K aia , City Clerk -Treasurer H. Dean Maxwell, Mayor'
7ouncilmmberr
1631
September 10, 2001 Minutes of Continued City Council Meeting
of September 4, 2001
Present: Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Jeanne Robinette, Bill
Carlisle, and Bud Rock.
Mayor Maxwell called the meeting to order at 7:30 p.m. in order to consider one item continued
from the September 4, 2001 meeting, namely whether or not a scrivener's error occurred in
1978 when the southeast border of the Anacortes Airport was established by City Zoning
Ordinance No. 1736. The Mayor opened the public hearing emphasizing that comments
needed to be restricted strictly to the scrivener's error question. The Planning Director, Mr. Ian
Munce, explained the procedural background and introduced a map showing the parcel
ownership and zoning for the subject property. Exhibit 40. Ms. Cynthia Kennedy of Preston
Gates & Ellis, Attorneys for the Port of Anacortes, submitted 13 additional exhibits in support of
support of the Port's position:
Public Hearing Exhibit No. 24:
Ms. Kennedy's Outline
Public Hearing Exhibit No. 25:
Letter Faxed August 6, 2000 from Former Planning Commissioners, with attachments.
Public Hearing Exhibit No. 26:
May 30, 2000 letter from U.S. Department of Transportation Federal Aviation Administration
with attachments.
Public Hearing Exhibit No. 27:
June 22, 2000 letter from U.S. Department of Transportation Federal Aviation Administration.
Public Hearing Exhibit No. 28:
City of Anacortes Zoning Ordinance, Effective April 19, 1978.
Public Hearing Exhibit No. 29:
Ordinance No. 1755 Amending the Zoning Map September 18, 1978, with attachments.
Public Hearing Exhibit No. 30:
Ordinance No. 1771 Amending Zoning Map January 2, 1979, with attachments.
Public Hearing Exhibit No. 31:
Ordinance No. 1829 Amending Zoning Map July 21, 1980.
Public Hearing Exhibit No. 32:
Ordinance No. 1859 Amending Zoning Map August 3, 1981, with attachment.
Public Hearing Exhibit No. 33:
Ordinance No. 1981 Amending Zoning Code. June 17, 1985, with attachments.
Public Hearing Exhibit No. 34:
Ordinance No. 2237 Amending the Comprehensive Plan and Zoning Ordinance June 22, 1992,
with attachments.
Public Hearing Exhibit No. 35:
Ordinance No. 2022 Amending the Zoning Code November 17, 1986, with attachments.
Public Hearing Exhibit No. 36:
Planning Commission Meeting Minutes of February 8, 1978, with attachments.
Ms. Kennedy argued that the City had not followed its customary rezoning procedures when it
adopted the Citywide Zoning Ordinance in 1978 by Ordinance No. 1736, adding that the
evidence pointed to a scrivener's error having been made.
Mr. Dale Aspnes, President of CCARE, argued that the evidence submitted did not show that -an
error had actually been made; see Exhibit 38. Mr. Loren Hoboy, an airport neighbor, also
argued that there was simply no evidence in the record to support a conclusion that a
scrivener's error had been made; see Exhibit 39. Mr. T -Bone Nelson explained that he was a
member of a citizen advisory committee when this new Citywide Ordinance was adopted in
1978 and that he was convinced that no error had in fact been made. Ms. Elizabeth Rockwell, a
property owner affected by the 78 LM/R2 , zoning line argued that all of her property should
properly be designated light manufacturing. Mr. Eric Johnson, Airport Supervisor submitted an
affidavit prepared and signed by C. Jack Smith, former Airport Supervisor, this affidavit spoke to
1632
September 10, 2001 (continued from September 4) -- continued
Mr. Jack Smith's conviction that a scrivener's error in fact occurred; see Exhibit 37. Ms. Beverly
Kalani, an airport neighbor with a 10 -foot strip of property that would be rezoned from LM to R2
if the Port's challenge was successful, explained her conviction that the scrivener's error
argument was a relatively recent one. Mr. Ray Niver explained that his research on this whole
matter revealed documentation that a scrivener's error had ever occurred. The public hearing
was closed.
Mr. Nick Petrish asked that the definition of a scrivener's error be read from the Blacks Law
Dictionary. Mr. Munce explained that Blacks Law Dictionary defined a scrivener's error as a
clerical error as follows: "an error resulting from a minor mistake or inadvertence, especially in
writing or copying something on the record, and not from judicial reasoning or determination."
The Council then discussed the written and oral testimony presented in this matter. Mr. Carlisle
moved that the City Council direct Mr. Munce to draft appropriate Findings of Fact and
Conclusions of Law to support the Council's conclusion that there is simply no evidence that a
scrivener's error occurred relative to the southeast boundary of the Anacortes Airport with
adoption of the 1978 Citywide Zoning Ordinance, with the stipulation that the ordinance
adopting these Findings of Fact and Conclusions of Law adjust the Rockwell property line so
that the entire parcel is zoned light manufacturing. Mr. Christiansen seconded the motion.
Vote: Ayes — Sizemore, Brown, Robinette, Carlisle, and Rock. No — Petrish, Mr. Petrish
explained his belief that a scrivener's error was made when the six acres owned by the Port in
1978, at the southeast corner of the Anacortes Airport was zoned R2 rather than LM. These
minutes are Public Hearing Exhibit No. 41 and the transcript of the Public Hearing is Exhibit No.
42.
The meeting adjourned at approximately 9:15 p.m.
lam. �e.�-�. .�r�✓/'�
City Clerk -Treasurer H. Dean Maxwell, Mayor/
✓ _7
uncilmeri
1633
September 17, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of September 17, 2001 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. Christiansen asked that the first sentence, last paragraph on page 2, minutes of the 10th, be amended
to read: "The Council then discussed..." With that correction Mr. Sizemore moved, seconded by Mr.
Christiansen, to adopt the minutes of the September 4, 2001 meeting and the continued meeting of
September 10, 2001. 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.
'Mar/Council Communication
yo
,..rs .-,o .s:•.o..ro.r.a e•:a•,.v.:v-:�,m teuN.s•.a;.r,n.00ia,.�
Mayor Maxwell then read a Proclamation proclaiming the months of September, October, and November
as "United Way Campaign Months" in the City of Anacortes. The Proclamation advised that there are
many local non-profit agencies that are supported by the United Way so that health and human service
needs can be met.
2001 Street Overlav Chanae Order
Mayor Maxwell referred the Council to a September 17, 2001 Memorandum from Mr. Gordon Bruchner,
Special Projects Engineer, identifying four City streets in need of immediate street maintenance work. In
his memo Mr. Bruchner pointed out that, previously, the "K" Avenue project was deleted from the original
2001 street overlay projects list. The total Change Order amount for the 4 new street projects, after
deducting the deleted "K" Avenue costs, is $8,762.95. After discussion Mr.. Christiansen moved,
seconded by Mr. Brown, to approve the Change Order as presented. Vote: Ayes- Sizemore, Brown,
Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
During a recent conversation with County Commissioner Anderson, Mr. Petrish asked if the County, in
light of current national events, would reactivate the civil defense program. In particular Mr. Petrish said
that it was of vital interest that all law enforcement agencies share information to safeguard our mutual
welfare. Mayor Maxwell expressed appreciation for Mr. Petrish's comments and reported that all
agencies were taking necessary steps in the ongoing care and protection of our City's facilities.
Ordinance: Alleaed Scrivener's Error
Mr. Ian Munce, Planning Director addressed the Council. Following the Public Hearing on the alleged
zoning map scrivener's error Mr. Munce circulated his draft Findings of Fact and Conclusions of Law
reflecting the action taken by Council. In effect, Council denied the Port's request for a re -designation of
certain parcels from residential low density to light manufacturing except for a 29' adjustment in the
zoning line for the Rockwell property. The Ordinance now before Council reflects this action. With that,
Mr. Carlisle moved, seconded by Mr. Rock, to adopt Ordinance No. 2572 entitled "An Ordinance
Deciding the Port of Anacortes' Request for a Scrivener's Error Correction". Vote: Ayes — Brown,
Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Mrs. Robinette thanked
Mr. Munce for the detailed and well thought out presentation.
Ordinance: Clarifvina Aspects of Ordinance 2557 (Attachment A)
In a related matter, Mr. Ian Munce, Planning Director, presented a second Ordinance for Council
approval. The Port has alleged that in addition to the scrivener's error, the City intends to interfere with
the operation of the Anacortes Airport by placing conditions on the property that conflict with FAA's
jurisdiction. Mr. Munce said that Federal Law establishes what are proper issues for a local jurisdiction.
Ordinance 2573 clarifies that the City is requiring local and state agencies to participate in defining a
community -oriented aviation facility. The FAA will be invited to participate. The requirement attached to
the airport rezone is that a definition be established for a community -oriented aviation facility. Ordinance
2573 clarifies that the City intends work on that task consistent with Federal and State Law. Attachment
A to the Ordinance is a May 21, 2001 letter from WSDOT/Aviation Division supporting that a proper
planning exercise be undertaken with the State and local governments, local, neighbors, and all
concerned to develop a plan supported by all. With that, Mr. Sizemore moved, seconded by Mr.
Christiansen to adopt Ordinance No. 2753 entitled "An Ordinance Clarifying Ordinance # 2557 and #
2560 Regarding the City's Rezoning Action at the SE Corner of the Anacortes Airport." Mr. Carlisle again
requested a list of the State's comparable sized airports totally enclosed by residential housing. Vote:
Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda item. Vote:
Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried
Angroval 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 6, 2001 and September 13, 2001 are approved for payment as of this date, September 17,
2001. Council vote was unanimous.
Claims Warrants
Sep, 2001: Warrants Numbers 14409 through 14600 in the total amount of $549,865.57
1634
September 17, 2001 -continued
Prewritten Claims
Sep, 2001: Warrant Numbers 14406, 14407, and 14408 in the total amount of $11,309.72
Pavroll # 1
Aug, 2001 Warrant Numbers 19495 through 19603 in the total amount of $194,177.15
Direct Deposit Numbers from 1067 through 1199 in the total amount of $173,983.57
EFT Numbers from 16 to 17 in the total amount of $92,838.35
Public Hearina: Review Proposals for 2001 Comarehensive Plan/Development Reaulations
Chanaes
Mayor Maxwell opened the Public Hearing to review and make recommendations on the 2001
Comprehensive Plan and Development Regulation requested amendments. Mr. Ian Munce, City
Attorney, outlined the new process for considering which items submitted for the annual review shall go
forward to the Planning Commission for further consideration. Public testimony will be taken on each of
the issues raised.
1. Johnson/Messer proposals
In 2000 the Johnson/Messer rezone application for Block 72 and the W % of Block 64 from Light
Manufacturing to R4 B was denied. During the 2000 hearing the neighbors, including Trident Seafoods,
were opposed to the possibility of increased density and to residential encroachment into their industrial
areas and uses. Four new options were submitted by Johnson/Messer for 2001. In response, Mr. Munce
recommends that the non -conforming use section in the LM zone include "C ". Any residential lot or lots,
which were used as residential prior to April 19, 1978 and have been in continual residential use since
April 19, 1978 in a district that is now zoned Light Manufacturing shall be considered a conforming,
permitted residential use within the one -residential designation. Other requirements of the. non-residential
designation, such as lot size, setbacks, density, land coverage, building height and parking shall apply to
the prior April 19, 1978 residential lots." There were no comments from the audience. Mr. Brown moved,
seconded by Mr. Sizemore to recommend referral to Planning Commission Public Hearing. Vote: Ayes —
Rock, Petrish, Sizemore, Brown, Christiansen, and Robinette. No — Carlisle. Motion carried.
2. Pendell Proposal
By way of background, Mr. Munce explained that some of the neighbors of the Johnson/Messer rezone
proposal were concerned that their single family area would over time become Light Manufacturing.
These neighbors favored a change to residential but not high density residential. The proposal this time
around is to rezone Block 72 and the West %i of Block 64 from Light Manufacturing to R 3 — medium
density residential - same zoning as adjacent property to the south. Trident Seafoods testified last year
that their plant, a major activity center in this zone, could be compromised over time should the zoning be
changed to residential. The petitioner, Mr. Mark Pendell, 1208 5th Street, thanked the Council for the
opportunity to speak. He said that, based on the dialogue held last year during the Johnson/Messer
hearings, he felt encouraged to submit this year's rezone proposal. The neighborhood has significantly
improved and complements the adjacent R 3 zoning. There is now concern over construction of metal
warehouses in the area. He asked that this matter be fully explored at the Planning Commission level.
Mr. Ed Tosterud, Plant Manager for Trident Seafoods, spoke against the rezone citing the change could
impact the current and future operations of the Trident facility with potential impact to employees and
local businesses that support Trident. Mr. Tosterud discussed Trident's ongoing commitment to the
community and neighborhood. Council discussion followed. Mr. Sizemore moved, seconded by
Christiansen, against referral to the Planning Commission. Vote: Ayes — Carlisle, Petrish, Sizemore,
Brown, Christiansen, Robinette, and Rock. Motion carried.
R413 Lot Width at Buildinq
In the R413 zone a 3,000 square foot minimum lot size is allowed. The Dimensional Requirements Table,
Chapter 17.67.010 indicates that the lot width at building (entire building envelope) is 60 feet. That
dimension for the 3,000 square feet should be changed to 30 feet. There was no public testimony. Mr.
Rock moved, seconded by Mr. Brown, to refer this matter to the Planning Commission. Vote: Ayes —
Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
Deletion of the Commercial Avenue Buildina Setback
This proposal would allow for a zero building setback along south Commercial Avenue to match the
design standard for north Commercial Avenue/CBD. Buildings downtown are built to the sidewalk with
parking behind the buildings. The trend has been for the parking lot to be in front of the building;
however, current thinking calls for some design flexibility in this area. There was no public testimony. Mr.
Brown moved, seconded by Mr. Sizemore, to refer this matter to the Planning Commission. Vote: Ayes —
Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
Allowino Motels. Restaurants. and Neiahborhood Grocery Stores in the Heavv Manufacturina Zone
Staff recommends against moving this item forward. This proposal would expand the permitted uses in
the HM Zone by converting the HM zone to a mixed commercial/light industrial use and force out the
existing refining and aggregate handling operation. Discussion followed regarding the City's policy to
retain this type of development in the central business area. There was no public testimony. Mr.
Christiansen moved, seconded by Mr. Sizemore, against referral to the Planning Commission. Vote:
Ayes — Mr. Brown, Mr. Christiansen, Mrs. Robinette, Mr. Rock, Mr. Carlisle, Mr. Petrish, and Mr.
Sizemore. Motion carried.
Allowina Expansion of Grandoarented Retail uses Adiacent to the UGA Inside the UGA
"Retail floor space existing as of May 1, 1005 that is determined to be nonconforming under these
regulations may be increased by up to 100%" in the LM 1 Zone. Mr. Munce explained that the proponent,
1635
September 17, 2001 -continued
the Salish Trust, would like to enlarge the existing Trading Post by building on the site across the street
which is currently zoned Heavy Manufacturing. Ms. Laurel Smith, representing the Trust, discussed the
proposed uses for the property including a minor retail addition. Mrs. Robinette recommends that this
issue be referred to the Planning Commission when the traffic issues at this major intersection have been
solved. Discussion followed. Mr. Brown moved, seconded by Mr. Petrish, to refer this matter to the
Planning Commission. Vote: Ayes — Christiansen, Rock, Carlisle, Petrish, Sizemore, and Brown. No —
Robinette. Motion carried.
Deletina Obsolete References to the PUD Ordinance
The R 1 and R 2 zoning provisions as to density currently include the proviso: "...except where the
provisions of the PUD (chapter 17.44) section of this Ordinance are applied." Mr. Munce explained that
density bonuses are not allowed and this reference should be deleted. There were no public comments.
Mr. Petrish moved, seconded by Mr. Sizemore, to refer this matter to the Planning Commission. Vote:
Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried.
Federal. not Uniform Buildina Code. Standards for Manufactured Homes in the HM and LM 1 Zone
A request has been made to allow HUD specifications for resident/office structures (manufactured homes)
rather than Uniform Building Codes. Federal standards are less strict resulting in a less expensive
structure. The change in standards is proposed for the HM and LM 1 Zones. There were no public
comments. Staff recommends against referral to the Planning Commission. Mr. Rock so moved,
seconded by Mr. Brown. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and
Robinette. Motion carried.
Detention Pond Landscai)ina Standards
"Detention ponds shall have at least 30 -foot setbacks from adjacent property lines unless they are
permanently landscaped and maintained such that they are a scenic asset to adjacent property owners."
This is a proposed design standard that is consistent with existing City codes. There were no public
comments. Mrs. Robinette moved, seconded by Mr. Sizemore, to refer this matter to the Planning
Commission. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle.
Motion carried.
Street Setbacks
Mapping standards for subdivision, replats, vacation, or paving requests. There were no public
comments. Mr. Sizemore moved, seconded by Mr. Rock, to refer this matter to the Planning
Commission. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish.
Motion carried.
Completion of the Fidalao Bav Restoration Plan
This work is currently budgeted for 2002 and funded with state grant funding. It can be included in the
2002 CP/DR update. Staff recommends against referral to Planning Commission. There were no
comments from the audience. Mr. Christiansen so moved, seconded by Mr. Brown. Vote: Ayes —
Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried.
Guemes Channel CM 1 Desian Standards
Buildings and roofs shall be orientated parallel to "R" Avenue if the height exceeds 20 feet, to maintain a
view towards Guemes Channel. This proposed standard is consistent with view standards for Fidalgo
Bay. Mr. Carlisle asked how this change affects the view issues for property owners in the vicinity of the
"T' Avenue CM zone. There were no comments from the audience. Staff recommends referral to the
Planning Commission. Mr. Sizemore so moved, seconded by Mrs. Robinette. Vote: Ayes —
Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
Street Vacation Policv
A street vacation policy is proposed that pulls together existing approaches and factors. There were no
comments from the audience. Mr. Carlisle moved, seconded by Mr. Petrish, to refer this matter to the
Planning Commission. Vote: Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and
Christiansen. Motion carried.
Airport Zoninq
Given ongoing litigation this issue is not amenable to local resolution. The proposal has been withdrawn.
Cottaae Housina
This proposal supports the R 4 B minimum lot size by adding cottage housing as a conditional use to
allow for smaller, cluster, central courtyard, projects. There were no comments from the audience. Mr.
Petrish moved, seconded by Mr. Sizemore, to refer this matter to the Planning Commission. Mr.
Christiansen expressed concern over misuse of the cluster -housing concept. Vote: Ayes — Rock,
Carlisle, Petrish, Sizemore, Brown, and Robinette. No — Christiansen. Motion carried.
12th Street Sl analization — Consideration of Bids
Mr. Bob Hyde, Public Works Director, reported that a total of 4 bids were received for the 12th Street with
"M" Avenue and "D" Avenue signalization. The design work was performed by Perteet Engineering. Low
bid was received from Larry Brown Construction in the amount of $421,503.10. The City has worked with
Larry Brown Construction on other projects and found them to be an excellent company to work with. A
pre -construction conference would be held right away with a completion date for both poles by December
315'. Mr. Carlisle discussed the timing of the signal. After discussion regarding bid amounts and funding
1636
September 17, 2001 - continued
sources Mr. Rock moved, seconded by Mr, to award the 12th Street signalizaton project to Larry Brown
Construction in the amount of $421,503.10. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown,
Christiansen, Robinette, and Rock. Motion carried.
Completion of Puma Station Uoarades
Mr. Bob Hyde, Director of Public works, introduced a request for Council approval of a capital
improvement project to improve or replace four sewage pump stations. The construction was initiated in
September of 1999. The work was awarded to Udelhoven General Incorporated. Staff requests that
Council accept the project as complete. All four pumps have been improved or replaced. The Pump
Station # 10 at the McKee residence was a particularly difficult site to work with and there were several
access issues with the homeowner. Public Works asks that approval for changed conditions for Pump
Station # 10 be handled under a separate agenda item. Discussion followed regarding the productivity
and conduct of the contractor. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to accept
the Pump Station Upgrade project as complete thereby initiating the mandatory 30 -day lien period. Vote:
Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried.
Completion of the Stairwav at Puma Station 10
In a related matter, Mr. Bob Hyde, Public Works Director, discussed the concrete stairway at Pump
Station # 10 that was partially constructed during the pump station upgrade project. The work includes
removal of a partially installed stairway and the installation of a new set of concrete stairs running down
from west to east. The change was requested by the property owners to reduce the visual impact of the
pump station. The request before Council is to recommend that Quantum Construction be authorized to
proceed to perform the completion of the stairway in the amount of $18,611. Mr. Brown so moved,
seconded by Mr. Rock. Vote: Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish.
Motion carried.
Ordinance: Street Name Chanae West 12th Street Extension
Mr. Bob Hyde, Director of Public Works presented a request for a street name change at the Rock Ridge
West proposed development. West 12ib Street meanders through the project and connects to West 30 h.
It has been labeled West 291h /301h but staff requests that that be changed to make the entire section West
12th Street. Both Police and Fire Departments support the change. Discussion followed about
consistency of street names in this area. With that, Mr. Rock moved, seconded by Mr. Petrish, to adopt
Ordinance No. 2574 entitled An Ordinance Changing the Names of Certain Streets". Vote: Ayes -
Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried.
At approximately 9:40 p.m. Mayor Maxwell announced that this meeting will be continued to Monday,
;Septe 4, 2001 in order to review the Airport Fence appeals.
ge taian, Cityllerk-Treasurer H. can well, Mayor /
ouncilme er L
1637
Continued Meeting of September 17, 2001 on September 24, 2001
Maxwell called the continued meeting to order at 7:30 p.m.
Roll call found present: Terry Christiansen, Jeanne Robinette, Nick Petrish, Ken Brown, Bud Rock, and
Bill Carlisle. Absent: Ray Sizemore.
Mayor Maxwell stated that the purpose of the continued meeting was to consider one item: Appeals (31)
of a Land Clearing Permit issued on August 2, 2001 by the City of Anacortes Planning Director to the Port
of Anacortes for wildlife fencing at the Anacortes Airport.
The Planning Director, Mr. Ian Munce, presented the following exhibits:
Exhibit 1 The Port's Land Clearing Application
Exhibit 2 The Port's SEPA Checklist
Exhibit 3 The Planning Department's SEPA Comment Letter
Exhibit 4 The City Zoning Ordinance's Procedures and Standards for Land Clearing
Permits
Mr. Munce added that the Port had dropped its haul road proposal and, accordingly, the extent of land
clearing involved with this project has been reduced from approximately 2 acres to 1.1 acres.
Mr. Bob Elsner, Port Planning Director, summarized the project (Exhibit 5). Mr. George Hatfield, an airport
neighbor (SE corner), stated his objection to tree removal from the buffer area immediately behind his
home in order to clear 20 feet of property and build a 7 foot high chain link fence as being an
unnecessary removal of buffer, unsightly, and inconsiderate. Mr. Loren Hoboy echoed these points
adding that: marking territory was not a sound location principle, only part of the airport fencing plan was
submitted for review; and the project constitutes airport expansion contrary to City Comprehensive Plan
policies. Exhibit 6.
Ms. Trish Hatley argued poor fence location, aesthetics, and lack of planning for neighborhood
compatibility. Ms. Marlene Deaton echoed these points, adding that the proposal conflicts with City
Comprehensive Plan Goals and Policies and the Countywide Planning Policies, and needs further public
review. Exhibit 7. Mr. Ron Deaton emphasized this latter point. Mr. Grant Reuter added that the partial
fence will make the deer problem worse and that more viable fence designs should be considered. Mr.
Dale Aspnes, C.C.A.R.E. President, pointed out that the fence as currently proposed would eliminate the
trail shown on the Port's recent rezone application.
After discussion, Mr. Carlisle recommended that the Clearing Permit be upheld for the project as
described in Exhibits 1, 2, and 5 only on the condition that no clearing be allowed inside the tree line
between Stations C and F (as shown on Page 2 of Exhibit 5). The other council members concurred and
requested the Planning Director prepare Findings of Fact, Conclusions of Law, and Revised Permit
conditions in accord with their deliberations.
The meeting adjourned at appro 'mately 10:15 p.m.
2G��6 Kht ' n, City Cl rk- reasurer H Dean M w II, Mayor /
Councilmemb&"--
1638
October 1, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of October 1, 2001
to order. Roll call found present: Bill Carlisle, Ray Sizemore, Ken Brown, Terry Christiansen,
Jeanne Robinette, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Mr.
Petrish arrived at approximately 7:50 p.m.
Minutes of Previous Meetinas
Mrs. Robinette submitted the following revision: page 2, first paragraph, 3rd and 4th sentences,
"Mr. Munce said that Federal Law establishes what are proper issues for a local jurisdiction.
Ordinance 2573 clarifies that the City is requiring...". With that correction, Mr. Sizemore moved,
seconded by Mr. Brown, to approve the minutes of September 17, 2001. Vote: Ayes -
Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion carried.
Citizen Hearinas
No citizens present wished to testify on matters not on the agenda.
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Mayor Maxwell then read a Proclamation proclaiming the 20th of October, 2001 as National
Mammography Day in the City of Anacortes. The Proclamation further urges all Anacortes
women and their families to get to know the facts about mammography and early detection for
breast cancer.
Mayor Maxwell reported that he had received an encouraging letter from the Mayor of Victoria,
British Columbia lending support and solidarity during this difficult time for the nation.
Final Approval: Conservation Easement Groves
Mr. Jonn Lunsford, Parks and Forestlands Manager, referenced his September 26, 2001
Memorandum requesting that 35 acres of land be designated as part of the Conservation
Easement Program. Council previously reviewed this information via memos issued in April and
June. The legal descriptions for these parcels, prepared by Skagit Land Trust, have been
reviewed by staff. Approval of these 35 acres would bring the total conserved acres to 380.
With that, Mr. Christiansen moved, seconded by Mr. Rock, to approve the 35 acres for the
Conservation Easement Program. Vote: Ayes - Brown, Christiansen, Robinette, Rock,
Carlisle, and Sizemore. Motion carried. Mr. Petrish arrived in the Council Chambers.
Grimm Conditional Use Permit
Mr. Ian Munce, Planning Director, took the Council and audience through the background of the
Grimm Conditional Use Permit: from the Planning Commission Open Record Public Hearings
and decision to recommend approval with conditions, to the Council Closed Record Meeting to
review the Planning Commission recommendations and appeals. During its deliberations the
Council asked staff for a more detailed map clearly showing property ownerships. The Grimms
own 3 acres of upland and tideland property between the railroad tracks and Fidalgo Bay,. The
application is for one single-family residence in the CM Zone, a proposal thought to be by the
Grimms as a less intensive use than what is permitted outright. Separate from the Conditional
Use Permit process, the Grimms have some thoughts about potential real estate exchanges
with the City although negotiation on these items has stalled. In the meantime, Mr. Munce
stressed that the Grimms are entitled to a decision on the Conditional Use permit issue. Mr.
Munce characterized the one outstanding issue as how much, if any, public access can the City
require of the Grimms. The Planning Commission recommends beach access on the Northerly
300 of the tidelands. Mr. Petrish has suggested that more public extensive access be required
than that recommended by the Planning Commission.
Mr. Gary Robinson, Director of Parks and Recreation, referred to the new survey of the area;
Council received a copy in their packets. Through an overhead display he was able to highlight
the location of all the landmarks in question including the location of the Pressentin property and
pond area. After discussion, Mr. Petrish moved to grant the Grimm Conditional Use for a single
family residence in the CM Zone subject to the conditions recommended by the Planning
Commission; EXCEPT that public access be provided along the upper beach to approximately
the southern boundary of Tract 11. Mrs. Robinette seconded the motion and agreed to make a
site visit with Mr. Petrish. Vote: Ayes - Christiansen, Robinette, Rock, Carlisle, Petrish,
Sizemore, and Brown. Findings of Fact and Conclusions of Law reflecting Council action will be
brought back in two weeks for approval.
Consider Contract for 36 -inch Water Desian Inspection Seament 4
Mr. Gordon Bruchner, Special Projects Engineer, asked the Council to consider approval of a
professional services contract with Montgomery Watson Harza for design and construction
inspection services for Segment 4 of the 36 -inch waterline. This segment runs from Thompson
Road to Sharpes corner. A major design element involves evaluating applicability of several
trenchless construction methods for the two SR -20 crossings and for the used car sales
1.639
October 1, 2001 - continued
business. Mr. Bruchner discussed some of these methods in detail. Discussion followed
regarding design fee percentages. Mr. Sizemore then moved, seconded by Mr. Petrish, to
authorize the Mayor to enter into an Agreement with Montgomery Watson Harza for design and
construction inspection for Segment 4 of the.36-inch waterline. Vote: Ayes — Robinette, Rock,
Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried.
Consider Bids: South March Point Road Overlav
Mr. Gordon Bruchner, Special Projects Engineer, asked the Council to consider bids received
for the South March Point Road Overlay project. The work extends a distance of 5,500 feet and
the road width will be 28 feet allowing for a pedestrian/bike lane on the north side. Mr. Bruchner
explained that this is the final road repair on a portion of South March Point Road. The low bid
..was received from Lakeside Industries in -the amount of $206,957.50. After discussion, Mr.
*Christiansen moved, seconded by Mr. Brown, to award the bid to Lakeside Industries. Vote:
Ayes: Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Robinette. Motion carried.
Public Hearing: Six -Year Transportation Improvement Program (TIP)/Resolution
Mayor Maxwell opened the Public Hearing to take comments and recommendations on the 6 -
Year TIP for the City of Anacortes. Mr. Dave Lervik, City Engineer, explained that the City is
required to adopt this Program every year for inclusion in the statewide TIP to provide a
planning document for funding and construction of transportation projects. Mr. Lervik pointed
out that the Thompson Trail Overlook project is not included in the background material
presented to Council but is included in the TIP. Discussion followed. There were no comments
from the audience and the Mayor declared the Public Hearing closed. Mrs. Robinette moved,
seconded by Mr. Petrish, to adopt Resolution No. 1574 entitled "Adopting a Comprehensive
Six -Year Transportation Improvement Plan". Vote: Ayes — Carlisle, Petrish, Sizemore, Brown,
Christiansen, Robinette, and Rock... Motion carried.
Ordinance: Summit Park/March Point Speed Limits
Mr. Dave Lervik, City Engineer, presented an Ordinance to Council for review and approval.
The Ordinance authorizes a change in the speed limit to 35 miles per hour on portions of the
following streets: March'Point Road; South March Point Road; Thompson Road; Christiansen
Road; Summit Park Road; Stevenson Road; Padilla Heights Road; and Reservation Road. This
change reflects the current and future urban development in the newly annexed area. With that,
Carlisle moved, seconded by Mr. Rock;.to. adopt Ordinance No. 2575 entitled "An Ordinance
Establishing Speed Limits on Roads in 'the March Point/Summit Park Area of the City of
Anacortes". Absent speed measurement statistics Mr. Carlisle withdrew his motion. Mr. Brown
suggested leaving the speed limit at 50 mph until further study has been done. After discussion,
Mr. Sizemore, moved, seconded by Mr. Rock, to adopt Ordinance No. 2575. Vote:. Ayes —
Sizemore, Christiansen, Robinette, and Rock. No — Petrish, Brown, Carlisle. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda
item. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish.
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.September 20, 2001 and September 27, 2001 are approved for payment as of
this date, October 1, 2001. Council vote was unanimous.
Claims Warrants
Sep, 2001: Warrants Numbers 14601 through 14788 in the total amount of $901,170.47
Pavroll # 1
Sep; 2001. Warrant Numbers 19604 through 19700 in the total amount of $99,083.46
Direct Deposit Numbers from 1200 through 1331 in the total amount of
$168,984.35
EFT Numbers from 18 to 19 in the total amount of $91,039.03
Council also. cancelled Warrant Number 14556 in the amount of $75.40 and Warrant Number
14561 in the amount of $700.00.
Closed Record Meetina: Fidalao Resort Conditional Use Apolication
Mayor Maxwell initiated the Closed Record Meeting for the Fidalgo Resort Conditional Use
Application. The Mayor announced that there would be a 45 -minute presentation from Mr.
Gerald Steele, attorney for Citizens for Responsible Development, Inc., a 30 -minute response
from the applicant, West Coast Land Investments with a 5 -minute rebuttal allowance for Mr.
Steele. Mr. Ian Munce, Planning Director, introduced the project by using an overhead to point
1640
October 1, 2001 - continued
to the subject property located south of Cabana Lane. The application is for a Conditional Use
Permit to develop a 159 -unit condo/hotel project. The Planning Commission has . been
delegated shoreline permit authority and accordingly issued Shoreline Permit # 255 for this
project subject to 22 conditions. The proposed conditions will require some re -design of the
project, in particular an increase in parking requirements. The Planning Commission also
required that the 25' setback in this zone be left entirely untouched and to include a 10'
construction setback from the 25' setback boundary. Another condition provides for wider view
corridors between the buildings. The issue now before Council deals with the zoning character
of the project single family condominium/hotel units. The most significant feature is the public
access that is provided along the entire lineal frontage of the project as currently proposed.
The following is on tape and filed at Citv Hall.
Mr. Gerald Steele, attorney for the appellants, first asked Ms. Michelle Greene, 2806 Coho
Lane, from the Citizens for Responsible Development to speak on her perception of the area.
Ms. Greene then discussed quality of life issues. At the conclusion of her presentation Ms.
Greene recommended denial of the Conditional Use and offered options to the property owner.
Mr. Steele followed with a more detailed description of the property and then discussed the
impact of this project on the neighborhood and surrounding area, the basis for the appeal. The
next speaker, Mr. Brent Carson, attorney for the applicant, West Coast Land Investments,
spoke in support of the project in terms of amenities and code compliance. Council discussed
various aspects of the decision making process. Mr. Petrish moved to approve the Conditional
Use Permit subject to the recommended Planning Commission recommendations. Motion died
for lack of a second. Council consensus was to bring this matter back in two weeks for
deliberation/decision. At approximately 11:00 p.m. the meeting was adjourned.
'-ity �erk-Treasurer H. Dean Maxwell, Mayor I
ouncilmember
1641
October 15, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of October 15, 2001 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. Petrish moved, seconded by Mr. Sizemore, to approve the minutes of September 24, 2001 and
October 1, 2001 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and
Carlisle. Motion carried.
Citizen Hearinas
No citizens present wished to testify on matters not on the agenda.
Mayor/Council Communication
There were no Mayor/Council announcements.
Airport Appeal: Next Stens
Mr. Ian Munce, City Attorney, reported on a recent Superior Court decision that the City had clear land
use authority at the Anacortes Airport, but that safety and operations are issues for the Port to decide.
The agency overlap would be the issue of noise emission. This ruling is applicable to a Port land clearing
permit application to clear approximately 1.2 acres at the Anacortes Airport in order to put up a security
fence. Again, the Court ruled that the location of the fence was a decision for the Port leaving the fence
mitigation in the City's hands as to landscaping to ensure neighborhood compatibility. The draft letter
now before Council asks the Port to (1) defer to the Council's decision on the fence location, or (2) to hear
the 31 appeals filed, decide the fence location with Council mitigation requirements. Mr. Munce explained
that the court decision called for more process, discussion, and neighborhood involvement, and more
recognition that there is concurrent jurisdiction at the airport. Councilmembers discussed planting full-
grown trees and scrubs to shield the fence from the neighborhood and discussed the City and Port
meeting with the FAA to examine the fence location/mitigation issues. Councilmembers then reviewed
the overall process. Mrs. Robinette suggested language changes that were accepted. With those
changes Mr. Sizemore moved to authorize the City Attorney to forward the draft letter to the Port of
Anacortes. Mr. Petrish seconded the motion. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette,
Carlisle, and Petrish. Motion carried.
Grimm Findinas of Fact and Conclusions of Law
Mr. Ian Munce, Planning Director, presented Findings of Fact reflecting Council decision on a Conditional
Use application submitted by the Grimms for a single family home on a 3 -acre upland property on Fidalgo
Bay. As part of this permit the City recommended a public access proposal; the Grimms rejected this
proposal. The rejection was followed by correspondence from the Grimms attorney suggesting that the
public access proposal was an unconstitutional taking and suggesting legal action should the City pursue
the access issue. Mr. Munce suggested that the Conditional Use Permit be issued with the deletion of
Condition # 15 requiring said access. All future discussions with the Grimms would then be conducted
outside of the land use permitting arena. Mr. Petrish moved, seconded by Mr. Carlisle to move this
matter to Executive Session. All alternatives were then discussed. Vote: Ayes — Carlisle, Petrish. No —
Brown, Christiansen, Robinette, and Sizemore. Motion failed. Mr. Sizemore then moved to adopt the
Findings of Fact and Conclusions of Law for the Grimm Conditional Use Application with the deletion of
Condition # 15 regarding the regulated public access easement. Vote: Ayes — Christiansen, Robinette,
Sizemore, and Brown. No — Carlisle, Petrish. Motion carried.
Fidalgo Resort Conditional Use: Further Deliberation
Mr. Ian Munce, Planning Director, asked for Council direction on finalizing the Findings of Fact and
Conclusions of Law for the Fidalgo Resort Conditional Use (CU) permit for a 159-hotel/condominium
project in Skyline. The Planning Commission held hearings on the Shoreline Permit and CU permit and
made recommendations for approval with detailed conditions. Mr. Carlisle suggested referring this matter
back to the Planning Commission (CU). He said that the probable use of the Resort by fishing
enthusiasts would provide a need for more trailer parking than proposed. He also cited the lack of an
economic analysis of the proposal. Mrs. Robinette asked that conditions 17-19 from the Shoreline Permit
already issued on this project be included in the CU findings. Mrs. Robinette further asked that the final
development plan reflecting the conditions be brought back to both PC and Council for approval. Mr.
Christiansen asked for clarification on the RV and trailer parking prohibition and discussed the overall
parking impact on the area. Mr. Petrish said that there was no conflict between what
was proposed and what is allowed outright in this zone. Following discussion Mr. Petrish
moved to direct the Planning Director to have the Findings of Fact and Conclusions of Law for the Fidalgo
Resort reflect Council direction. Mr. Sizemore seconded the motion. Vote: Ayes — Robinette, Petrish,
Sizemore, Brown, and Christiansen. No — Carlisle. Motion carried.
Belt Filter Press Camera Project — Wastewater Treatment Plant
Mr. Bob Hyde, Director of Public Works, explained that the belt filter press (BFP) is a machine that
squeezes the water out of the sludge prior to incineration. The odor from this process is intense and
objectionable. To limit human exposure to these circumstances, a camera would allow the incinerator
operator to observe the operation of the BFP without exposure to the unpleasant atmosphere. With that,
Mr. Christiansen moved, seconded by Mr. Brown, to award a contract to Horizon Satellite to provide and
install a camera system in the dewatering room at the Wastewater Treatment Plant in the amount of
$6,799.50 plus tax. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen and Robinette.
Motion carried.
1642
October 15, 2001 -- continued
Screw Pump Coatina Contract — Wastewater Treatment Plant
Mr. Bob Hyde, Director of Public Works, explained that both screw pumps at the Water Treatment Plant
have significant damage on the edge of the steel flights from corrosion. Mr. Hyde explained the
complexity of selecting a coating to put on the screw pumps. After a long-term search for a replacement
coating for these pumps it was discovered that the only coating that performed well was Polyflake
manufactured by High Resistant Industrial Coatings (HRIC). After discussion, Mr. Brown moved,
seconded by Mr. Sizemore to award a contract to HRIC to prepare and re -coat one wastewater treatment
plant screw pump in the amount of $23,772. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen,
Robinette, and Carlisle. Motion carried.
Desian contract Award: Thomason Parkwav Trail
Mr. Bob Hyde, Director of Public Works, presented a detailed scope of services to be provided by
Entranco Engineering for the design of the Tommy Thompson Parkway Trail. Council previously revised
the scope and budget for this project in Study Session. The 3-phase project includes environmental
permitting, design, and construction to begin in the spring of 2002. Mrs. Robinette submitted an October
14, 2001 memorandum outlining amendments to Entranco's Scope of Services in the introduction and
scope of service sections. Mr. Hyde reported that the amendments need to be reviewed with and
approved by Entranco Engineering. After discussion, Mr. Sizemore moved, seconded by Mr. Brown to
authorize the Mayor to enter into an agreement, as amended, with Entranco Engineering for the design
and environmental permitting of the Thompson Trail. Discussion followed regarding contract not -to -
exceed amounts. The discussion included a request to include Council in the kick-off meeting and site
walk-through, and for clarification on an alternative horizontal alignment at the intersection of 22nd Street,
specifically with regard to MJB property. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, and
Petrish. No — Carlisle. Motion carried.
ConsentAaenda .
Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda item. Vote:
Ayes — Brown, Christiansen, Robinette, 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 4, 2001 and October 11, 2001 are approved for payment as of this date, October 15, 2001.
Council vote was unanimous.
Claims Warrants
Oct, 2001: Warrants Numbers 14789 through 15039 in the total amount of $536,864.96
Pavroll # 1
Sep, 2001 Warrant Numbers 19706 through 19814 in the total amount of $192,853.40
Direct Deposit Numbers 1332 through 1463 in the total amount of $165,519.29
EFT Numbers 21 through 22 in the total amount of $88,113.69
Resolution: Tourism Contracts
This item was pulled from the consent agenda. Mr. Ian Munce, City Attorney, explained that the City
accepts competing applications and uses a sub -committee for review and recommendations on
applications for the 2% tourism fund monies. With that, Mr. Christiansen moved, seconded by Mr.
Petrish, to adopt Resolution No. 1575 entitled "A Resolution Authorizing Execution of Tourism Promotion
Fund Contracts by and Between the City of Anacortes and Twelve Agencies for Thirteen Projects.". Vote:
Ayes — Christiansen, Robinette, Carlisle, Petrish, Sizemore, and Brown. Motion carried.
Public Hearina: Year 2002 Budaet
Mayor Maxwell opened the Public Hearing on the 2002 Budget. Mayor Maxwell shared an overview of
the steps taken in preparation of the 2002 Budget. He also listed major improvement projects slated for
next year. The Budget reflects an increase of 1% in property taxes which follows on from two years of
0% property tax increases. The Mayor then asked the following Department Heads to share budgetary
and performance goals: Bob Hyde, Public Works; Mike King, Police; Richard Curtis, Fire; Gary Robinson,
Parks; George Khtaian, Human Resources and Finance; Ian Munce, Court/Legal, Planning, Tourism;
Doug Everhart, Library; and Garry Cline, Museum. There were no comments from the audience and the
Mayor closed the Public Hearing. The formal adoption of the budget and Ordinance will be conducted at
the November 19th meeting. Mr. Christiansen referred to charts showing rising personnel costs over the
last 5 years, referred to graphs showing distribution of funds, and used overhead displays to highlight
property tax values/distribution. Mr. Sizemore moved, seconded by Mr. Petrish, to authorize the Finance
Director to move the budget process forward with a 1 % property tax increase. Vote: Ayes — Robinette,
Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried.
Closed Record Meetina: Seafarer's Preliminary Plat
Mayor Maxwell initiated the Closed Record Meeting for the Seafarer's Preliminary Plat application to
develop a 4 -lot subdivision. Mr. Ian Munce, Planning Director, explained that this parcel was divided into
a 3 -lot short plat in 1998 with several conditions attached. All improvements have been installed and
Shared Health Systems would like to further divide Lot 2 into 4 lots. The Subdivision Ordinance requires
that if a short plat is divided within 5 years from approval the full preliminary plat process must be
followed. There are no issues with land use and the Planning Commission recommends approval subject
to 16 conditions. No appeals were filed. Mr. Petrish asked that one of the "R" Avenue designations be
1643
October 15, 2001 -- continued
corrected on the map.. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the
Seafarer's Preliminary Plat subject to the 16 conditions recommended by the Planning Commission and
to adopt the Findings of Fact and Conclusions of Law. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown,
Christiansen, and Robinette. Motion carried.
Special Event: Homecomina Parade October 26. 2001
Mr. Bob Hyde, Director of Public Works, introduced a street fair application for the Anacortes High School
Homecoming Parade on October 26, 2001 at 3:00 p.m. A police escort will be provided and staff
recommends approval subject to information provided on the September 18, 2001 application. Mr. Brown
moved, seconded by Mr. Petrish, to approve the application. Vote: Ayes — Petrish, Sizemore, Brown,
Christiansen, Robinette, and Carlisle. Motion carried.
30th Street Dock: Earthauake Repair Bid Award
Mr. Ian Munce, Planning Director, reported that the earthquake damage to the 30th Street dock requires
some sealing on surface cracks. The bid from Fidalgo Diving is well within the allowable funds provided
by FEMA and the State. Mr. Brown moved, seconded by Christiansen, to accept the bid from Fidalgo
Diving in the amount of $6,255.10 for repair work to Travel Lift Pier, 2915 W Avenue. Mayor Maxwell
complimented Mr. Don Measamer, Building Inspector, for his work on organizing this project. Vote: Ayes
— Sizemore, Brown, Christiansen, Robinette, Carlisle, and Petrish. Motion carried.
Exotic Animal Ordinance
Mayor Maxwell introduced a draft Ordinance to limit and set conditions on the possession and
maintenance of exotic animals. Mr. Carlisle asked if this item could be removed from the agenda so that
additional information can be provided. Mr. Sizemore said that the appropriate information had been
provided to Council in order to move forward with the Ordinance adoption. Mr. Brown asked to postpone
action until he could further study the Ordinance. Mrs. Robinette suggested that liability issues be
clarified. Mr. Petrish also expressed reservations about the Ordinance although was in favor of a ban on
exotic animals. Mr. Christiansen discussed the inclusion of a professional classification within the
Ordinance. Mayor Maxwell suggested that a Public Hearing be conducted on this issue.
At approximately 10:30 p.m. the Mayor continued the meeting to Monday, October 22, 2001 at 7:30 p.m.
in order to conduct an Executive Session to discuss the Airport and personnel issues.
October 22, 2001
Continued from October 15, 2001
At 7:30 p.m. Mayor Maxwell reconvened the continued meeting of October 15, 2001. All
Councilmembers were present. The Mayor read a Proclamation proclaiming the week of October 24,
2001 as United Nations Week in the City of Anacortes and encouraging all citizens to learn more about
the vast achievements of this organization made for the greater good of all mankind. The Mayor and
Council then convened in Executive Session to discuss labor and personnel issues. At approximately
9:00 p.m. the Council reconvened and without taking any further action adjourned the continued meeting
of October 15, 2001.
Geor htai , City CI rk-Treasurer H. Dean Maxwell, Mayor
1. 1�ezCouncilmember
1644
November 5, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of November 5,
2001 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. Petrish moved, seconded by Mr. Sizemore, to approve the minutes of October 15, 2001 and
October 22, 2001 as if read. The October 15th roll call should be corrected to list Mr. Rock as
absent. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, and Carlisle.
Abstain: Rock. Motion carried.
Citizen Hearings
No citizens present wished to testify on matters not on the agenda.
.1.'d%.r �.m C'r^.'%J•:0%.O.,�Y; i"8�5!'r9'�i"p; d'�:.'Y.:.Y,LY,d up w'r.U:'p! ." ,t.a
"Mayor/Council Communication"
".p JY�O.i�:Y.:O.:v^, tJ:.R'Si A. d'Y:•eY. Ai':Af�.Y��Y'. W.� gyp' q JY..N .YI :Y rc� '.^
Mayor Maxwell read a Proclamation proclaiming the week of November 18th through November
24th as Family Week in the City of Anacortes. The Proclamation further states that the family is
the basic and indispensable institution of our society.
The Mayor then read a letter congratulating Mr. Harry Whyte as the recipient of the Mayor's
Award of Merit. The Mayor then highlighted Mr. Whyte's outstanding accomplishments at the
wastewater treatment plant over the past 2 years. Mr. Whyte was presented with a Certificate
of Merit and a gift certificate to a local restaurant.
Mayor Maxwell read a letter from the Skagit County Board of Commissioners to Mr. Ray
Sizemore thanking him for his willingness to serve a 6 -year term on the County Civil Service
Commission from November 1, 2001 through October 31, 2007. Mr. Sizemore pointed out that
Mr. Nick Petrish recently vacated this post after 23 years of able service.
Mayor Maxwell presented a letter from the Port of Anacortes regarding the land clearing permits
related to security fencing at the Anacortes Airport. The Port requests that the City
unconditionally approve the permits for construction of the fence. The Mayor presented a draft
response to Spencer Swain, President of the Anacortes Port Commission outlining the current
status of the Port's land clearing permit and setting November 19th as the date for Council
review/decision. This provides the Port with an opportunity to provide any additional
information/proposals. With that, Mr. Brown moved, seconded by Mr. Rock, to forward the letter
to Mr. Swain. Mr. Carlisle presented two letters to be presented as part of the Council package
for the 19th. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and
Petrish. Motion carried.
Mrs. Robinette asked for an update on filling the Library Board vacancy.
Consent Agenda
Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda
item. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore.
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 18, 2001, October 25, 2001, and November 1, 2001 are approved for
payment as of this date, November 5, 2001. Council vote was unanimous.
Claims Warrants
Oct, 2001: Warrants Numbers 15041 through 15313 in the total amount of $726,472.08
Pavroll # 1
Oct, 2001 Warrant Numbers 19815 through 19906 in the total amount of $97,267.12
Direct Deposit Numbers 1464 through 1595 in the total amount of $164,943.68
EFT Numbers 23 and 24 in the total amount of $88,588.42
Pavroll # 2
Oct, 2001 Warrant Numbers 19907 through 20010 in the total amount of $189,608.54
Direct Deposit Numbers 1595 through 1723 in the total amount of $165,366.10
EFT Numbers 25 and 26 in the total amount of $89,001.24
Resolution: 1% Property Tax Increase
Mr. George Khtaian, Finance Director, referenced his November 1, 2001 memorandum to
Council outlining recent information from the County Assessor for the new assessed valuation
for Anacortes. Mr. Khtaian also presented an overhead showing an update of the 10 -year
16 4 5ovember 5, 2001 - continued
valuation/millage graph. Mr. Khtaian noted that the City's millage for 2002 will be the lowest
rate since 1993. The Resolution now before Council reflects Council action to approve a 1.0-%
increase in the property tax regular levy. The Resolution indicates both the percentage and
related dollar increase. With that, Mr. Brown moved, seconded by Mr. Sizemore, to adopt
Resolution No. 1576. Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Petrish, Sizemore,
and Brown. Motion carried.
Public Hearina: Consider a Total Ban on the Discharae of Fireworks Inside Anacortes
Citv Limits
Mayor Maxwell opened the Public Hearing on a proposal to ban the discharge of fireworks
within the City limits. Fire Chief Curtis reported on the complaints received on fire hazards and
noise disturbances caused by the discharge of fireworks. Chief Curtis referenced the 41
Washington cities that have banned fireworks together with those communities that restrict
usage. Several letters in support of a ban were included in the Council's information packet.
The Mayor also reported that the City, Rotary, and private citizens will provide a community
fireworks display in place of the private discharge of fireworks. Mr. Petrish suggested the sale
of "safe and sane" fireworks to be used in a restricted area away from the forestlands and away
from residential areas. Mrs. Robinette further proposed the restriction for use on one day only,
on the homeowner's own property or on that of a relative, or in a designated restricted area. Mr.
Christiansen pointed out that even though the current Ordinance restricts the day, the time of
use, and the type of fireworks, illegal devices are still purchased and used by citizens. Police
Chief King pointed out the challenges in enforcing the current restrictions. The availability of
illegal fireworks just outside the City limits adds to the task of protecting the community.
Mr. Ken Jacot, 1121 King St., spoke in favor of a ban on the use of fireworks within the City
limits. Mr. Jacot described the rockets and incendiary debris found on and near his house on
July 5th. The current growing population density adds to the probability of fire and structural
damage. Mr. Jacot also encouraged a community July 4th event. He spoke to the difficulty of
enforcing a partial ban. Mr. Bart Evans, 1710 28th St., reported that many families in his
neighborhood celebrate the 4th with fireworks. He spoke against the ban and asked not to be
penalized because of those who use illegal fireworks. Mr. Joe Medalia, 5305 Doon Way, spoke
in favor of the use of private fireworks. He promotes safety and his family enjoys the annual
tradition. Mr. Isaac Stark, 4409 Glasgow Way, spoke against the ban of fireworks and spoke in
favor of purchasing safe fireworks in Anacortes. Mr. Herschel Janz, 1120 King St., spoke in
favor of a total ban of fireworks. He said that each year he removes spent fireworks from his
roof and yard. He described the nature of the fireworks used, the explosive and disturbing
noise, and lit debris landing on homes and in yards. Mrs. Cynthia Richardson, 5601 Pacific
Avenue, suggested that a compromise be developed using a permitting process for locations to
use fireworks. Mr. Steve Mansfield, Legal Advisor, suggested that the difficulty in this process
would be to develop permit standards. Council discussion followed regarding potential site
selection and resources for providing enforcement. The Mayor thanked those citizens who
testified at the hearing.
34th and "V" Latecomer Aareement Approval
Mr. Bob Hyde, Director of Public Works, reported to Council that construction is complete on the
extension of "V" Place from 33`d Place to 34th Street. The project included street improvements
and the extension of an 8" waterline. The total project cost was $206,501.76 and was financed
by the City with the aid of an $85,000 Economic Development Grant from Skagit County. On
behalf of the City, the Planning Director, Mr. Ian Munce, asked that a Latecomer Agreement be
executed so that the City might have an opportunity to recover a portion of the construction
costs. After discussion, Mr. Sizemore moved, seconded by Mr. Carlisle, that the Latecomer
Agreement for the "V" Place street and water improvements be approved as presented. Vote:
Ayes — Robinette, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried.
Consider Acceptance of 2001 Street Overlav Proiect
Mr. Bob Hyde, Director of Public Works, reported to Council that the following street overlay
projects are complete: Heather Drive from Kingsway to Kingsway, including Heather Court;
Highland Drive from Anaco Beach Road to Bryce Drive; West 34th Street from Louisiana Avenue
to Minnesota Avenue; Washington Park Boat Ramp; Bradley Drive from Sterling Drive to
Heather Drive; Kingsway cul-de-sac in the 5000 block; Rye Court cul-de-sac; and "G" Avenue
from 7th Street to 8th Street. The contract was awarded to Lakeside Industries with a contract
price of $365,858.95. All work, including punchlist items, was completed on October 20, 2001.
With that, Mr. Christiansen moved, seconded by Mr. Brown, to accept the work as complete
thereby initiating the mandatory 30 -day lien period. Vote: Ayes — Rock, Carlisle, Petrish,
Sizemore, Brown, Christiansen, and Robinette. Motion carried.
November 5, 2001 - continued
1646
Consider Acceptance of 2001 Sewer Replacement Project
Mr. Bob Hyde, Director of Public Works, reported to Council that the following sanitary sewer
replacement projects are complete: Alley between 12th and 13th Streets from "I" to "J" Avenues;
alley between 11th and 12th Streets on "G" Avenue West; alley between 14th and 15th Streets
from "L" to "K" Avenues; alley between Oakes Avenue and West 2nd Street on Erie West. The
contract was awarded to Harkness Contracting, Inc. in the amount of $66,816. With Change
Orders the total project amount is $96,400.53. On a question from Mrs. Robinette, Mr. Hyde
described the condition of the sewer lines prior to replacement. With that, Mr. Christiansen
moved, seconded by Mr. Sizemore, to accept the work as complete thereby initiating the
mandatory 30 -day lien period. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen,
Robinette, and Rock. Motion carried.
Bid Approval: Replacement of Water Utility Maintenance Truck
Mr. Bob Hyde, Director of Public Works, introduced a request for Council approval of the bid
from Motor Trucks, Inc. in the amount of $58,579.74, including tax, for the replacement of the
Water Division's utility maintenance truck # 135. The truck was approved for replacement in the
2001 Capital Facilities Plan and 2001 Budget. Mr. Hyde then displayed a photograph of the
vehicle. With that, Mr. Sizemore moved, seconded by Mr. Brown, to accept the Motor Trucks,
Inc. bid. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle.
Motion carried.
Library Resolution: Countv Fundina Reauest
Mr. Doug Everhart, Library Director, presented a Resolution to Council for review and approval.
The Resolution requests that the Skagit County Commissioners re-establish the Interlocal
Library Services Agreement. Mr. Everhart pointed out that County residents use the City's
library with approximately 20% of materials checked out to County residents. However, only 2%
of the Library Budget is received from non-resident fees. Previously the County provided some
relief for cities but the practice was ended in 1999. After discussion Mr. Sizemore moved,
seconded by Mr. Brown, to adopt Resolution No. 1577 entitled "A Resolution of the City of
Anacortes, Washington Requesting the Commissioners of Skagit County to Re-establish the
Interlocal Library Services Agreement." A similar Resolution was passed by the Mt. Vernon City
Council. Discussion followed regarding the establishment of a Library District. Vote: Ayes —
Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
There being no further business, at approximately 9:15 p.m. the Mayor adjourned the meeting of
November 5, 2001.
eo orge I<Maian✓ ty Clerk -Treasurer
H. Dean Maxwell, Mayor
Cound ember
1647
November 19, 2001
Mayor Maxwell called the November 19, 2001 meeting to order at 7:30 p.m
Roll call found present Councilmembers Ray Sizemore, Jeanne Robinette, Bud Rock, Terry
Christiansen, Ken Brown, and Bill Carlisle. Absent: Nick Petrish.
Minutes of Previous Meetinq
The Minutes of the November 5, 2001 meeting 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.
Mavor/Council Communications
Mayor Maxwell requested Council confirmation of Mr. Garey Coatney to a position on the Board
of Adjustment. After reviewing Mr. Coatney's qualifications and experience, the Council voted to
confirm Mr. Coatney to the Board of Adjustment. This action was taken on a motion by Mr.
Carlisle, seconded by Mr. Sizemore, and passed unanimously.
Mr. Carlisle then asked that a Study Session be scheduled to deal with Encroachment
Agreements in general and the Bowman/Malo issue in particular; it was agreed that this item
would be scheduled for November 26.
Findinas of Fact: Fidalao Resort
The Council took up consideration of the "Findings of Fact and Conclusions of Law and
Decision thereon on West Coast Land Investments Conditional Use Permit for the construction
of hotel/condominiums in the Commercial Marine Zone (Fidalgo Resort)". After discussion, Mr.
Sizemore moved that these Findings be approved as submitted. This action was seconded by
Mr. Christiansen. Vote: Ayes - Sizemore, Christiansen, Brown, and Robinette. No - Rock and
Carlisle. The motion carried.
Port's Land Clearina Permit and Related ADDeals
The Council took up consideration of the appeals of the Port of Anacortes' Airport Land Clearing
Permit. Ian Munce, City Attorney, described the current status of the appeal and the related law
suits. Mr. Munce informed the Council that he wished to bring the due process issues involved
with this issue before Judge Allendoerfer as part of a motion for reconsideration. The Council
discussed the appropriateness of the mitigation conditions recommended by the City Planning
Department; Ms. Robinette submitted an alternative proposal for consideration. After discussion,
Mr. Sizemore moved that the City Council table consideration of this Land Clearing Permit for
60 days. The motion was seconded by Mr. Carlisle. Vote: Ayes - Sizemore, Christiansen,
Brown, Rock, and Carlisle. No - Robinette.
Public Hearina: Reaulatina Exotic Animals
The Mayor then opened a public hearing on a proposal from the Police Department and City
Council Public Safety Committee to regulate exotic animals. The Police Chief provided some
background information on this issue. Mr. Christiansen provided examples of exotic animal
ordinances from other jurisdictions. Mr. Dave Coleburn testified that the ordinance as currently
drafted was overly broad, adding as an example that only felines over 70 pounds needed to be
regulated. Mr. Rich Bullet of Anacortes Family Pets supported this approach, adding for
example that snakes under six feet in length did not need to be covered by the ordinance. Mr.
Coleburn and Mr. Bullet also asked that the permit fee be more reasonable. There was no
further public testimony. The public hearing was closed. After discussion, Mr. Rock moved that
the City Council table consideration of this matter to allow staff to do additional work. The
motion was seconded by Mr. Sizemore and passed unanimously.
Contract with Fire District #13
The City's contract with Fire District was brought up for annual review. The City Council Public
Safety Committee noted that an unfair labor practice suit had been filed by local firefighters
union objecting to this contract. Additionally, City paramedics have provided service to the
March Point area both before and after annexation, over the past year the primary fire response
to the annexed area at March Point has been from the City of Anacortes' main fire station, and
supplemental assistance to the Fire Department will continue to be available from the City
Police Department for traffic and crowd control. After discussion, Mr. Sizemore moved that the
City of Anacortes not review its contract with Fire District #13 for the calendar year 2002. The
motion was seconded by Mr. Carlisle. Vote: Ayes - Brown, Rock, Sizemore, Christiansen, and
Carlisle. No - Robinette.
• � i
November 19, 2001 - continued
Waterline Segment 3-A
Mr. Gordon Bruchner, Special Projects Engineer, reviewed progress on this segment of the
water pipeline, a contract awarded to R.L. Alia. Mr. Bruchner added that he was recommending
that the waterline be accepted as complete and notices be published to start the 30 -day lien
period. After discussion, Mr. Christiansen moved that this action be taken. The motion was
seconded by Mr. Brown and passed unanimously.
Bid Award for Small Diameter Waterline Replacements
The Council then reviewed a November 15, 2001 memorandum from Mr. Gordon Bruchner,
Special Projects Engineer, relative to five waterline replacement projects and a storm sewer
replacement on "J" Avenue. It was noted that 16 bids were received with the low bid being from
Larry Brown Construction in the amount of $245,494.20. In response to a Council question Mr.
Bruchner responded that approximately $300,000 had been budgeted for this work. After
discussion, Mr. Carlisle moved that the City Council award the bid to Larry Brown Construction.
The motion was seconded by Mr. Rock and passed unanimously.
CONSENT AGENDA
Voucher Approval/VVarrant Cancellations
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 8, 2001 and November 15, 2001 are approved for payment as of this
date, November 19, 2001. Council vote was unanimous.
Claims Warrants: November, 2001 -- Warrant #15315 through #15530 in the amount of
$784,254.78
Prewritten Claims: November, 2001 -- Warrant #15314 in the amount of $7,641.80
NEW BUSINESS
Year 2002 Budqet Ordinance
Mayor Maxwell presented the year 2002 Budget ordinance for Council consideration. Mr.
George Khtaian, City Finance Director, summarized the process that had led up to this budget
and answered Council questions. After discussion, Mr. Christiansen moved that Ordinance No.
2576 entitled "An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the
Year 2002" be adopted. The motion was seconded by Mr. Brown and passed unanimously.
Trianale Van Service: Business License Approval
Police Chief King recommended that a business license be granted to Triangle Van Service,
given that his department had conducted the necessary background checks. After discussion,
Mr. Sizemore moved that this action be taken. The motion was seconded by Mr. Christiansen
and passed unanimously.
Profession Service Aareement: Leonard. Boudinot & Skodie -- March Point Sewer Collection
Mr. Bob Hyde, City Public Works Director, requested Council approval of a professional
services agreement with Leonard, Boudinot & Skodje to undertake preliminary design of the
March Point sewer collection system in an amount not to exceed $14,000. After discussion, Mr.
Sizemore moved that the City Council approve this contract. The motion was seconded by Mr.
Rock and passed unanimously.
The meeting adjourned at approximately 10:15 p.m.
O
G e K aian Cit Clerk -Treasurer H. Dean Maxwell Ma o
9 � Y � Mayof/
[ Councilmember
1649
December 3, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of December 3,
2001 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. Rock, to approve the minutes of November 19, 2001 as
if read. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Abstain:
Petrish. Motion carried.
Citizen Hearinas
No citizens present wished to testify on matters not on the agenda.
(. A.,G:..N:O' C..� A'd:J.N' 6.:T, O••N'b'.:b'CO'w'T/.7'..'.'O. 8iYi0':R�!
;Mayor/Council Communication
Mayor Maxwell drew the public's attention to the wreaths decorating City Hall. The wreaths
were created by Anacortes elementary school students to acknowledge September 11 th
National Remembrance Day to be commemorated on November 21st
The Mayor then read a Proclamation entitled "African Children's Choir Day". The Mayor urged
all citizens to join together with the African Children's Choir to offer a message of unity and
peace, and to stand together to honor our everyday heroes. The Choir will perform at Brodniak
Hall on the 7th of December.
The Mayor then acknowledged and expressed appreciation for the service of Museum Board
member, Dr. Murray Carroll. Over the years Dr. Carroll worked tirelessly to help bring the
Museum to its current level of professional performance. The Mayor then highlighted Dr.
Carroll's extensive military, civic, and academic career achievements.
Mayor Maxwell then turned to the Airport fence issue. The Mayor explained that the City has
been ordered to make a decision on the Port of Anacortes application for a Land Clearing permit
relative to the Airport fence. Mr. Ian Munce, City Attorney, explained that Council would not be
able to table this decision so that ample opportunity could be given to argue the outstanding
appeal issues regarding location and clearing. The Court has directed that Council take action
to approve the application, with or without conditions, or to deny. Issues for Port decision are
those of location, safety, and operations; other issues raised by the 31 appellants, neighborhood
compatibility, and adequacy of the application are all under the purview of the City Council. Mr.
Munce explained that Findings of Fact would be brought back to Council reflecting action taken
this evening. Discussion followed on specifics of the Court ruling. Proposed clearing through
the airport "scrivener's area" will be the subject of a separate Land Clearing permit application.
With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to deny the Port of Anacortes
Land Clearing permit application. Mrs. Robinette circulated a draft compensatory mitigation
plan to the Council. Mr. Carlisle referenced the trail and gate system that is not referenced in
the current Land Clearing application. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette,
Rock, Carlisle, and Petrish. Motion carried.
Mrs. Robinette proposed reconsideration of one of the proposed 2002 Zoning Code and
Comprehensive Plan amendments referred to the Planning Commission by Council on
September 17, 2001 (Allowing Expansion of Grandparented Retail Uses Adjacent to the UGA
Inside the UGA). Mrs. Robinette further suggested that inaccuracies in the original proposal be
brought back to Council on December 17th. The Planning Director said that the minutes of the
September 17, 2001 meeting are not accurate and can be clarified by Council on the 17th
Consider Contract for 36" Waterline Route Studv (WTP to Bradshaw Roadl
Mr. Bob Hyde, Public Works Director, presented a request to Council for authorization to retain
Montgomery Watson Harza to perform a Route Study. The purpose of the Study will be to
determine the best overall location for the 36" waterline from the Water Treatment Plant west to
Bradshaw Road. Easement, environmental, and river crossing issues will also be part of this
Study. Alternative Water Treatment Plant locations will be identified. The project cost is
$113,181. Following discussion, Mr. Christiansen moved, seconded by Mr. Brown, to authorize
the Mayor to enter into an agreement with Montgomery Watson Harza for the Waterline
Location Evaluation Study Scope of Work and associated costs of $113,181. Vote: Ayes —
Brown, Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried.
Ordinance: Mavor's Salary
Mayor Maxwell introduced an Ordinance establishing compensation for the Mayor for the year
2002. The Mayor then turned over discussion on this matter to Mr. Christiansen, Mayor Pro -
Tem. Mr. Christiansen explained the tier format developed by Council for the salary range .of
the Office of the Mayor. Mr. Carlisle asked if this issue would be better reviewed in Executive
Session. Mr. Ian Munce, City Attorney said that this item would not qualify as an exception
1650
December 3, 2001 - continued
allowing for an Executive Session. Mr. George Khtaian, Finance Director, further explained the
Budget adoption process including adoption of salary schedules. Mrs. Robinette spoke in favor
of the proposed 3.4% cost of living increase and moved to adopt Ordinance No. 2577 setting
the monthly compensation amount for the Mayor. Mr. Sizemore seconded the motion. Mr.
Rock asked the Finance Director to investigate local rather than nationwide statistics on
Consumer Price Index calculations. Mr. Carlisle discussed the overall employment philosophy
for the Office of the Mayor. Vote: Ayes — Christiansen, Robinette, Rock, Petrish, Sizemore, and
Brown. No — Carlisle. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Rock, to approve the following Consent Agenda item.
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 November 22, 2001 and November 29, 2001 are approved for payment as of this
date, December 3, 2001. Council vote was unanimous.
Claims Warrants
Nov, 2001: Warrants Numbers 15531 through 15699 in the total amount of $425,077.33
Council also cancelled Claims Warrant # 154181 in the total amount of $1,880.22
Malland Meadows Final Plan
Mr. Ian Munce, Planning Director, introduced the Final Plat application for Malland Meadows
Plat at 35th Street and "K" Avenue. Because of substandard "K" Avenue project access was
required from "M" Avenue to the project entrance (Latecomer's Agreement discussion to follow).
Using an overhead, Mr. Munce highlighted the project access, full standard improvements,
pedestrian bridge, and detention facility. The Public Works Department has reviewed this
project and recommends acceptance. There were no public comments received and the
Planning Commission recommends acceptance. Mrs. Robinette complimented the developer
on complying with all conditions. With that, Mr. Brown moved, seconded by Mr. Sizemore, to
approve the Malland Meadows Final Plat. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore,
Brown, Christiansen, and Robinette. Motion carried.
Malland Meadows Latecomer Aareement
Mr. Bob Hyde, Director of Public Works, introduced the Malland Meadows Latecomer
Agreement proposal. Using an overhead Mr. Hyde pointed to those adjacent properties
benefiting from the street, sidewalk, and water service improvements. An allotment has been
made to the Logan Creek development allowing for potential loss of benefit when sewer is
constructed. Staff recommends that the Latecomer Agreement be approved with the
modification recommended by staff including a reversionary clause should sewers be extended
in a manner not impacting the 35th Street improvements. Mr. Sizemore so moved, seconded by
Mr. Christiansen. Vote: Carlisle, Petrish, Sizemore, Brown, Christiansen, Robinette, and Rock.
Motion carried.
Senior Services Interlocal Aareement with Skaait Countv
Mr. Gary Robinson, Director of Parks and Recreation, presented a contract for formal Council
approval. The annual Interlocal Cooperative Agreement with Skagit County provides for various
program services for senior citizens. The contract amount is $23,871.00. Mrs. Sally Hill, Senior
Center Director briefed the Council on the Center's diverse local programs including meals on
wheels, intergenerational activities, and support groups. An open house will be held on
Christmas Eve from 11 a.m. to 1: p.m. With that, Mrs. Robinette moved, seconded by Mr.
Brown, to authorize the Mayor to enter into the Interlocal Agreement with Skagit County to
provide senior services. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Robinette,
Rock, and Carlisle. Motion carried.
Resolution: Deferred Compensation Plans
Mrs. Emily Schuh, Human Resources Director, presented a Resolution to Council amending the
City's Deferred Compensation Plans to conform with changes in the federal law brought about
by the Economic Growth and Tax Relief Reconciliation Act of 2001. This will allow greater
financial planning flexibility for City employees. Mr. Rob Johnson, Hartford Life Insurance, was
available for questions from Council. Mr. Petrish inquired into fund uniformity and Mr. Carlisle
asked for a fee comparison. With that, Mr. Sizemore moved, seconded by Mr. Rock, to adopt
Resolution No. 1578 amending the City's Deferred Compensation Plans. Vote: Ayes —
Sizemore, Brown, Christiansen, Robinette, Rock, Carlisle, and Petrish. Motion carried.
1651
December 3, 2001 - continued
Street Fair Aoalication
Mr. Bob Hyde, Director of Public Works, presented a Street Fair application submitted by the
Lions Club for the annual Christmas parade on December 8, 2001 from 11:00 a.m. to 12:00
p.m. Public Works staff recommends approval subject to the applicant's submitted plan. Mr.
Christiansen moved, seconded by Mr. Petrish, to approve the application. Vote: Ayes — Brown,
Christiansen, Robinette, Rock, Carlisle, Petrish, and Sizemore. Motion carried.
Notice: Public EmDlovment Relations Commission
Mr. Ian Munce, City Attorney, read a Notice from the Public Employment Relations Commission
regarding unfair labor practices in violation of a State Collective Bargaining Law and has
ordered the City to post this notice to employees. The note was read into the record, a copy of
the notice will be attached to the minutes, and a copy will be posted at City Hall for 60
consecutive days from the date of posting, December 3, 2001.
Executive Session
At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in
Executive Session to discuss litigation and the Police Guild Contract. At approximately 10:15
p.m. the Council reconvened and without taking any further action the meeting was adjourned.
Geo ha ity Clerk -Treasurer H. Dean Maxwell, Mayor /
�� Councilmem`6er'
APPENDIX
. .. .
p �i PUBLIC EMPLOYMENT RELATIONS COMMISSION
RNOTICE �
THE PUBLIC EMPLOYMENT RELATIONS COMMISSION, A STATE AGENCY, HAS HELD
A LEGAL PROCEEDING IN WHICH ALL PARTIES WERE ALLOWED TO PRESENT
EVIDENCE AND ARGUMENT. THE COMMISSION HAS FOUND THAT WE HAVE
COMMITTED UNFAIR LABOR PRACTICES IN VIOLATION OF A STATE COLLECTIVE
BARGAINING LAW, AND HAS ORDERED US TO POST THIS NOTICE TO EMPLOYEES:
WE WILL restore the status quo that existed prior to the introduction of student fire fighters on December
9, 1998, and will maintain those wages, hours and working conditions until changes, if any, are agreed
upon through good faith collective bargaining with the International Association of Fire Fighters, Local
1537, or the completion of interest arbitration proceedings as detailed in RCW 41.56.430, et seg.
WE WILL make all employees adversely affected whole for their losses of wages and benefits as the result
of the student fire fighter programs unlawfully implemented on and after December 9, 1998.
WE WILL give notice to and, upon request, bargain collectively in good faith with International
Association of Fire Fighters, Local 1537, and, if invoked, will complete interest arbitration proceedings
as detailed in RCW 41.56.430, et seg. where appropriate, regarding any contemplated decision to change
the wages, hours and working conditions of employees in the bargaining unit represented by that
organization, prior to implementing any future changes.
WE WILL read this notice into the record of the next public meeting of the Anacortes City Council, and
append a copy thereof to the official minutes of such meeting.
WE WILL NOT, in any other manner, interfere with, restrain, or coerce our employee in the exercise of
their collective bargaining rights under the laws of the State of Washington.
DATED: 113101
c -
CITY OF ANACORTES
BY: .9"
Authorized Representative
POSE l7 DEC 3� 2 001 -- FC - B S 002.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered,
defaced, or covered by any other material. Questions concerning this notice or compliance with the order
issued by the Commission may be directed to the Public Employment Relations Commission, 603
Evergreen Plaza Building, P. O. Box 40919, Olympia, Washington 98504-0919. Telephone (360) 753-
3444. POSTED NOVEMBER 5, 2001 THROUGH JANUARY 7, 2001
Citv of Anacortes, Decision 6863-A (PECB, 2000)r'���
`vov 2 ? 2000
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1537,
Complainant,
VS.
CITY OF ANACORTES,
Respondent.
CASE 14629-U-99-3665
DECISION 6863-A - PECB
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER
Cogdill Nichols Rein, by W. Mitchell Coadill, Attorney at
Law, appeared on behalf of the complainant.
Foster, Pepper and Sheffelman, by P. Sten_hen DiJulio,
Attorney at Law appeared on behalf of the respondent.
On June 8, 1999, International Association of Fire Fighters, Local
1537 (union) filed a complaint charging unfair labor practices with
the Public Employment Relations Commission under Chapter 391-45
WAC, alleging that the City of Anacortes (employer) violated RCW
41.56.140. A partial dismissal was issued under WAC 391-45-110,1
finding a cause of action to exist on allegations of:
Employer refusal to bargain and interference
with employee rights, by unilaterally trans-
ferring work historically performed by members
of the fire fighter bargaining unit to employ-
ees outside of that bargaining unit.
1 An allegation that the. employer had violated RCW
41.56.140(2) was dismissed on the basis of insufficient
facts. CitV of Anacortes, Decision 6863 (PECB, 1999).
w
IECB
PAGE 33
.he status quo ante which existed with regard to
ges described in paragraphs 9 and 10 of the
foregoing Findings of Fact, by terminating any and all
student fire fighter programs and maintaining the wages,
hours and working conditions until changes, if any, are
reached through good faith collective bargaining with
IAFF Local 1537, or the completion of the interest
arbitration procedures detailed in Chapter 41.56 RCW and
Chapter 391-55 WAC.
b. Make all employees adversely affected by the unilateral
changes whole for all losses they suffered as a result of
the unilateral changes.
C. Upon request, bargain collectively in good faith with
IAFF Local 1537, prior to making a determination or
implementing any changes regarding mandatory subjects of
bargaining.
d. Post, in conspicuous planes on the employer's premises
where notices to all employees are usually posted, copies
of the notice attached hereto and marked "Appendix".
Such notices shall be duly signed by an authorized
representative of the above-named respondent, and shall
remain posted for 60 days. Reasonable steps shall be
taken by the above-named respondent to ensure that such
notices are not removed, altered, defaced, or covered
with other material.
d. Read the notice attached hereto and marked "Appendix"
.aloud at the next public meetincx of the City of Anacortes
City Council and append a copy thereof to the official
minutes of said meeting.
1652
December 17, 2001
At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of December 17,
2001 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 Meetinas
Mr. Brown moved, seconded by Mr. Rock, to approve the minutes of December 3, 2001 as if
read. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. Motion
carried.
Citizen Hearinas
Mr. Duncan Frasier, President of the Anacortes Rotary Club, presented the Mayor with a check
in the amount of $25,000 from the Anacortes and Fidalgo Island Rotary clubs. The check
represents proceeds from a November 10th auction to be used for the Anacortes Public Library
' construction with the hope that the new reference area would be named for the rotary club.
The Mayor accepted the check with great appreciation.
T ,p!/Council Communication
Mayor Maxwell acknowledged the close of Mrs. Robinette's eight years of service on the City
Council. In appreciation, the Mayor presented Mrs. Robinette with a commemorative plaque
and gift. The Mayor recounted Mrs. Robinette's enthusiasm and devotion to the tasks of her
office. Mrs. Robinette accepted the gifts to heartfelt applause from the audience.
Thank you to WWU for Sunset Cove Easement
Mr. Gary Robinson, Director of Parks and Recreation, introduced Dr. Stephen Sulkin, Shannon
Point Marine Research Center at Western Washington University (WWU). Mr. Robinson
explained that public beach access was provided to the City through the Sunset Cove PUD
development process. A portion of this beach access is through WWU's Shannon Point
Research property. The parties involved have successfully negotiated an easement to provide
public access to the beach. The City thanked Dr. Sulkin and WWU for this amenity. Dr. Sulkin
said that the easement would provide mutual benefit for both the University and the citizens of
Anacortes. In particular, Dr. Sulkin thanked Mr. Ian Munce, Planning Director, and Mr. Gary
Robinson for creating the positive and productive environment in which these negotiations took
place.
Public Defender Contract: Public Safetv Committee Report
Mr. Sizemore, representing the Public Safety Committee, reported on the positive development
of the Anacortes Court system over the preceding year. As part of that improvement process
proposals were sought for a contract to provide public defender services for the calendar year
2002. The Committee reviewed the seven proposals received and unanimously recommended
Mr. Gerald Osborn for the contract award. The contract amount is $36,900 with an additional
cost of $125 for increased liability coverage. With that, Mr. Carlisle moved, seconded by Mr.
Brown, to authorize the Mayor to enter into a professional services agreement with Mr. Gerald
T. Osborn for attorney services, indigent defense, for 2002. Vote: Ayes — Brown, Christiansen,
Robinette, Rock, Carlisle, and Sizemore. Motion carried.
Letter to DOE — Water Riahts
Mr. Ian Munce, City Attorney, introduced a draft letter for Council approval responding to recent
communication between Skagit County and the Department of Ecology relative to the City's
water rights. Mr. Munce explained that the County raised questions with DOE indicating some
dissatisfaction with the City's progress. The draft letter now before Council would respond to
DOE explaining that while there are matters of concern, there is a local mechanism in place to
handle those issues. The letter's second point is relative to the Flood Control project. The letter
recap's the City's decision to formulate a position on this project once the Environmental Impact
Statement is complete and all comments are in. With that, Mr. Carlisle moved, seconded by
Mr. Sizemore, to forward the letter to the Department of Ecology. Vote: Ayes — Christiansen,
Robinette, Rock, Carlisle, Sizemore, and Brown. Motion carried.
Mr. Sizemore reported that the County will put funding for libraries back in the budget. Mr.
Sizemore said he would continue to work for improved communication between City and County
representatives.
Urban Growth Area/2001 Comprehensive Plan Proposal (Proposed Adiustment)
Mr. Ian Munce, Planning Director, submitted Mrs. Robinette's proposal to remove an item from
those issues referred by the City Council to the Planning Commission for Public Hearing. The
purpose of the hearing is to conduct the annual review of proposed amendments to the City's
Comprehensive Plan and Development Regulations. The proposal at hand centers around a
request made by Laurel Smith, Salish Trust to allow for expansion of a grand -parented retail use
1653
December 17, 2001 —continued
adjacent to the City's Urban Growth Area (UGA) inside the UGA. In particular, the Wilbur family
would like to do a small expansion to the Smoke Shop inside the UGA. Mrs. Robinette then
referred to her report suggesting that this request be postponed to March of 2002 citing
inaccuracies in the original application. Mr. Munce clarified that the 1,500 square foot parcel in
question is outside the Reservation, privately owned by the Wilbur family, inside the UGA in
unincorporated Skagit County. In order to avoid commercial encroachment in this area similar
agreements have been reached between the City and other property owners. Mr. Munce further
explained that the current proposal strictly limits the proposed expansion to retail businesses in
existence prior to 1995. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen,
to refer this item to the Planning Commission for Public Hearing. Vote: Ayes — Rock, Carlisle,
Sizemore, Brown, and Christiansen. No — Robinette. Motion carried.
Proposed Salary Scales for Citv EmDlovees
Mr. George Khtaian, Finance Director, submitted an Ordinance to Council adopting the City's
Salary Schedule for the City of Anacortes for the year 2002 (exempt salary structure will remain
at current levels). Questions followed regarding review of and dialogue on exempt salaries.
Mrs. Robinette thanked Mrs. Emily Schuh, Human Resource Director, for the preparation of the
salary schedule update. With that, Mr. Brown moved, seconded by Mr. Sizemore, to adopt
Ordinance No. 2578. Vote: Ayes — Rock, Carlisle, Sizemore, Brown, Christiansen, and
Robinette. Motion carried.
Public Facilities District: Revised Final Draft
Mr. Ian Munce, Planning Director, presented the revised final draft interlocal agreement
regarding financing and development of a Regional Center Facility. Mr. Munce explained that
the draft reflects issues of concern to the Council, in particular, council approval for authorizing
a tax vote and a buy-out clause. Having reviewed the document, Mr. Brown moved, seconded
by Mr. Sizemore, to adopt Resolution No. 1579. Vote: Ayes — Carlisle, Sizemore, Brown,
Christiansen, Robinette, and Rock. Motion carried.
Consent Aaenda
Mr. Christiansen moved, seconded by Mr. Brown, to approve the following Consent Agenda
item. Vote: Ayes — Sizemore, Brown, Christiansen, Robinette, Rock, and Carlisle. 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 December 13, 2001 and December 6, 2001 are approved for payment as of this
date, December 17, 2001. Council vote was unanimous.
Claims Warrants
Dec, 2001: Warrants Numbers 15701 through 15886 in the total amount of $732,080.35
Prewritten Claims
Dec, 2001: Warrant Number 15700 in the total amount of $6,261.34
Pavroll 2
Nov, 2001 Warrant Numbers 20097 through 20192 in the total amount of $197,276.22
Direct Deposit Numbers 1864 through 1993 in the total amount of $180,515.77
EFT Numbers 29 through 31 in the total amount of $94,808.05
Council also cancelled Claims Warrant No. 14381 in the amount of $3,350.00 and Warrant No.
15348 in the amount of $57.63.
Non -collectible Accounts Write -Off (Council Motion]
Mr. George Khtaian, Finance Director, presented a list of utility and miscellaneous billing write-
off requests. Mr. Khtaian reviewed the efforts made to collect on these accounts including the
use of a collection agency Debt Recovery Specialists, Mt. Vernon. As a means to avoid
uncollectable dumpster charges, Mr. Christiansen suggested imposing a deposit. The Council
Finance Committee has reviewed the write-off accounts. Discussion followed regarding specific
accounts; a request was made for an annual report from Debt Recovery Specialists. With that,
Mr. Sizemore moved, seconded by Mr. Brown to approve the write-off of uncollectible accounts
in the amount of $33,886.46. Vote: Ayes — Brown, Christiansen, Robinette, Rock, Carlisle, and
Sizemore. Motion carried.
2001 Budget Amendment Ordinance and Cash Transfers Ordinance
Mr. George Khtaian, Finance Director, presented an Ordinance for Council approval for various
2001 year-end cash adjustment transfers between City funds. The transfers were from the
General, Impact Fees, Growth Management Improvement, Public Safety Building Construction,
and Tourism Funds. Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Ordinance
No. 2579. Mr. Carlisle suggested that in the future this matter be placed on a Consent Agenda.
Vote: Ayes — Christiansen, Robinette, Rock, Carlisle, Sizemore, and Brown. Motion carried.
1654
December 17, 2001 -- continued
Mr. Khtaian then introduced an Ordinance amending the Budget for 2001 to reflect additional
revenues and expenditures from the following funds: General Fund, Street Construction, Impact
Fee, Forestlands Management, Community Development, Growth Management Capital
Improvement, Public Safety Building Construction, Sewer, Equipment Rental, and Firemens'
Pension Funds. Questions following regarding specific expenditures. With that, Mr. Sizemore
moved, seconded by Mr. Brown, to adopt Ordinance No. 2580. Vote: Ayes — Robinette, Rock,
Carlisle, Sizemore, Brown, and Christiansen. Motion carried.
Latecomer Aareement Application Fee Increase Proposal: Ordinance
Mr. Bob Hyde, Director of Public Works, introduced an Ordinance to Council that would amend
the current Municipal Code with an increase to Latecomer Agreement Application Fees. Mr.
Hyde reviewed the background on this issue previously provided Council in Study Session.
Through the Latecomer process developers are able to recover some of the costs of
infrastructure improvements. The City currently assesses $200 plus $25 per parcel for the
process; however, this amount fails to recover bonafide costs associated with Latecomer
Agreement Applications. After discussion, Mr. Christiansen moved, seconded by Mrs.
Robinette, to adopt Ordinance No. 2581. Vote: Ayes — Rock, Carlisle, Sizemore, Brown,
Christiansen, and Robinette. Motion carried.
Reisner Sewer Connection: Letter of Aareement
Mr. Bob Hyde, Director of Public Works, referred to his Memorandum of December 17, 2001
outlining the area of the March Point Sewer System at the intersection of SR -20 and
Christiansen Road adjacent to the golf course. The issue centers around the understanding by
the adjacent property owner, Mr. Del Reisner and the City with regard to costs associated with
sewer extension to his property. After negotiation between Public Works staff and Mr. Reisner,
staff agreed to participate in the cost of extending the sewer across Christiansen Road in the
amount up to $10,000. This matter was reviewed by Council in Study Session. With that, Mr.
Brown moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into an agreement
with Mr. Del Reisner to participate in the Christianson Road sewer by crediting the GFC for
sewer connections in the amount of $10,000. Vote: Ayes — Carlisle, Sizemore, Brown,
Christiansen, Robinette, and Rock. Motion carried.
Sands Wav No Parkina Ordinance
Mr. Dave Lervik, City Engineer, presented an Ordinance for review and approval. The Sands
Way parking situation was brought to the City's attention by residents of the Skyline Beach Club
area. RV and boat trailer parking for extended periods of time create problems on Sands Way.
There were some corrections to the draft Ordinance including "north" to "northeast" in Section 1;
and "west" to "south" ; and "950" to 550" all in Section 2; and clarification in Section 3. With
those corrections, Mr. Carlisle moved, seconded by Mr. Rock to adopt Ordinance No. 2582
entitled "An Ordinance Restricting Parking on Sands Way'. Vote: Ayes — Sizemore, Brown,
Christiansen, Robinette, Rock, and Carlisle. Motion carried.
Airport Land Clearina Permit: Findinas of Fact
Mr. Ian Munce, Planning Director and City Attorney, presented draft Findings of Fact and
Conclusions of Law on the Port of Anacortes' July 23, 2001 Land Clearing permit application for
airport fencing. Mr. Munce reviewed action previously taken by Council to uphold the 31
appeals filed on the Port's Land Clearing Permit and to deny the permit. The Findings now
before Council highlights the criteria in the Comprehensive Plan and Development regulations
highlighting where the application is deficient relative to City ordinances. Discussion followed
regarding what would constitute a complete application. With that, Mr. Sizemore moved,
seconded by Mr. Carlisle, to adopt the Findings of Fact and Conclusions of Law. Vote: Ayes —
Brown, Christiansen, Robinette, Rock, Carlisle, and Sizemore. Motion carried.
There being no further business the meeting was adjourned at 9:00 p.m.
Ge rg Khtai , City Clerk -Treasurer H. b4an Maxwell, Mayor
Counci member