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HomeMy WebLinkAbout2002 City Council Minutes1655 January 7, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of January. 7, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinas Mr. Sizemore moved, seconded by Mr. Brown, to approve the minutes of December 17, 2001 as if read. Vote: Ayes — Sizemore, Brown, Christiansen, Rock, and Carlisle. Abstain: Petrish, Richardson. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the regular agenda. Mayor/Council Communication, Mr. George Khtaian, Finance Director and City Clerk, administered the Oath of Office to Cynthia Richardson, Terry Christiansen, Ray Sizemore, and Bud Rock. Following congratulatory applause Mr. Khtaian then administered the Oath of Office to Mayor Dean Maxwell. Handshakes all around. Reappointments to Plannina Commission Mayor Maxwell recommended the reappointment of Mr. Mikel Hasty and Mr. Dave Welk to the Planning Commission. Mr. Brown moved, seconded by Mr. Sizemore to confirm the reappointments. Mr. Carlisle suggested that decision be postponed until the Planning Commission vacancies can be more widely advertised. Mayor Maxwell clarified that interviews for the one Planning Commission vacancy have already been conducted, and that the process includes appointment by the Mayor with confirmation by the Council. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, and Rock. No — Carlisle, and Petrish. Motion carried. Mayor Maxwell announced the following meetings: January 15th class, "Welcome to City Hall"; a "Municipalities Meeting" on January 15th regarding solid waste issues; a January 16th Executive Session with the Town of La Conner to discuss Countywide Planning Policies; the January 10th swearing-in ceremony at the Port of Anacortes; and a January 23`d Port/City liaison meeting. Mr. Christiansen pointed out that the Council's adopted Procedures call for the election of a Mayor Pro -Tem at the first meeting in January following a general election. With that, Mr. Sizemore moved, seconded by Mr. Rock to reappoint Mr. Christiansen as Mayor Pro -Tem. Vote: Ayes - Brown, Richardson, Rock, Carlisle, •Petrish, and Sizemore. Abstain: Christiansen. Motion carried. The Mayor received a letter from the Seattle. Post-Intelligencer asking the community of Anacortes to nominate an individual for the Jefferson Award. The nominee would be someone whose contribution to the community and whose efforts deserve the recognition that the Jefferson Award nomination brings. The deadline for recommendations is February 15tH Mr. Christiansen pointed out that Council Committee assignments will be announced at the next Council meeting. Baraainina Aareement Resolution — Police Services Guild Mrs. Emily Schuh, Human Resources Administrator, introduced a Resolution to Council approving the bargaining agreement by and between the City of Anacortes and the Police Services Guild. Mr. Sizemore, pointing out that this matter has been thoroughly reviewed by Council, moved to adopt Resolution No. 1580 entitled "A Resolution Approving Labor Agreement by and Between the City of Anacortes and the Anacortes Police Services Guild". Mr. Rock seconded the motion. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Consent Aaenda Mr. Christiansen moved, seconded by Mrs. Richardson, to approve the following Consent Agenda item. Vote: Ayes — Richardson, 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 December 20th and December 27th 2001 and January 3, 2002 are approved for payment as of this date, January 7, 2002. Council vote was unanimous. January 7, 2002 -- continued 1656 Claims Warrants Jan, 2001: Warrants Numbers 15892 through 16075 in the total amount of $772,389.92 Prewritten Claims Dec, 2001: Warrant Number 15887 through 15890 in the total amount of $572,756.96 Jan, 2002 Warrant Number 15891 in the total amount of $1,043.40 Pavroll 1 Dec, 2001 Warrant Numbers 20194 through 20280 in the total amount of $99,981.58 Direct Deposit Numbers 1994 through 2123 in the total amount of $169,963.26 EFT Numbers 35 and 36 in the total amount of $91,546.66 Pavroll 2 Dec, 2001 Warrant Numbers 20281 through 20375 in the total amount of $198,137.39 Direct Deposit Numbers 2124 through 2212 in the total amount of $170,112.99 EFT Numbers 34 through 38 in the total amount of $91,396.14 Resolution: Anacortes Wellness Proaram Mrs. Emily Schuh, Human Resource Administrator, introduced a Resolution to Council for approval. By way of background Mrs. Schuh explained that the City developed a Wellness Program in 2001 in conjunction with the Association of Washington Cities Employee Benefit Trust. The Resolution before Council would formalize support for the Wellness Program and would pave the way for a one-time $2,500 wellness program incentive from AWC. On a question from Mr. Carlisle, Mrs. Schuh outlined the wellness programs and how they have benefited City employees. Mr. Carlisle suggested that before certain programs could benefit the employee a clear determination for change must be present. After discussion, Mr. Rock moved, seconded by Mr. Brown, to adopt Resolution No. 1581 entitled "The Resolution of the Anacortes City Council Supporting the Anacortes Employee Wellness Program". Vote: Ayes — Rock, Petrish, Sizemore, Brown, Christiansen, and Richardson. No — Carlisle. Motion carried. Sewer GFC Ordinance (Time Pavments) Mr. Ian Munce, Planning Director, presented an Ordinance to Council that would provide for an installment payment program for certain General Facilities Charges for connecting to the March Point Sewer System. To address the existing public health issues and existing water quality problems in this area, the proposal now before Council would provide a payment alternative for (1) those businesses with GFC's in the thousands of dollars, and (2) in operation December 31, 1998 and subsequently annexed to the City. Mr. Christiansen suggested amending the Ordinance to use of a Promissory Note secured by a Deed of Trust on the property as part of the agreement process between the City and the customer. Questions followed regarding the threshold established for qualifying customers, and "interest" or rather, "premium" rates. A second amendment was suggested stating that no new applications shall be accepted a date three years from present. With those two amendments, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No. 2584. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Closed Record Meeting — Conditional Use Permit — Dakota Avenue Marina/Motel (This item is on tape and filed at City Hall) Mr. Sizemore and Mrs. Richardson stepped down from deliberation on this matter. Mayor Maxwell introduced the next item, a Closed Record Meeting on a Conditional Use Permit application submitted by Baraka, LLC for a 7 -unit motel in the LM Zone. Mr. Ian Munce, Planning Director explained that the motel is part of a larger project, Dakota Avenue Marina/Motel. The Planning Commission reviewed and approved the Shoreline Permit application for this project and forwarded a recommendation for approval for the motel conditional use. Mr. Munce further explained that it appears that Mr. Richard Grill and Ms. Annette Tamm delivered an appeal to the Planning Commission recommendation. The appeal was not properly filed with the City Clerk; attorney for the applicant spoke against Council hearing this appeal. The Council discussed the circumstances of the appeal submittal. Mr. Christiansen moved, seconded by Mr. Rock to hear the appeal. Vote: Ayes — Petrish, Brown, Christiansen, Rock, and Carlisle. Motion carried. Mr. Ian Munce then said that the Planning Commission commented on the excellent application and documentation submitted on this project. Open Record Public Hearings were held and the extensive record was forwarded to Council. Under the Planning Commission's Shoreline Permit authority, this project approval was forwarded to the Department of Ecology; this action is appealable to the State's Shoreline Hearings Board. Using an overhead display, Mr. Munce pointed out the site located at the base of Dakota Avenue, and highlighted improvements to Dakota Avenue, buildings with view corridor, marina, business, and the multi -story parking structure. Special consideration is required for a motel use in conjunction with the water dependent marina uses. The appellant Mr. Richard Grill, 1110 Dakota, thanked the Council for hearing the appeal. Mr. Grill spoke against the project characterizing it as a high impact development in front of 16 5 7anuary7, 2002 -- continued residential properties negatively affecting views, safety, traffic, and property values. Although the motel height is 35', Mr. Grill spoke against the proposed 50' building height and will bring this issue back to the City during comp plan/development annual review. Mr. Gale Brink, representing the applicant, Baraka LLC, described the scope of the project. Discussion followed with both Mr. Grill and Mr. Brink, with emphasis on height measurement methodology. Questions were raised regarding fire engine access. Mr. Brink used a series of overheads to support his comments. Councilmembers raised questions regarding comprehensive plan/development regulation purview. After discussion, Mr. Carlisle moved, seconded by Mr. Christiansen to deny the appeal. Vote: Ayes — Brown, Christiansen, Rock, Carlisle, and Petrish. Motion carried. Mr. Brown then moved, seconded by Mr. Christiansen, to approve the Baraka LLC Conditional Use Permit and to adopt the Findings of Fact and Conclusions of Law recommended for approval by the Planning Commission. Condition # 11 was amended to include: "... fire access and fire flow shall be addressed in a manner acceptable to the Fire Chief..." Vote: Ayes — Brown, Christiansen, Rock, Carlisle, and Petrish. Motion carried. Mrs. Richardson returned to the Council Chambers. Water Shortage Response Plan — Discussion Mr. Bob Hyde, Director of Public Works, outlined the current and historic threatening events that point to the necessity to have a plan in place to provide a framework response to a water crisis. Mr. Hyde outlined the various measures taken by the City and other members of a "Water Conservation Task Force" initiated in 2001, to develop an integrated approach to water conservation and common approaches. The Ordinance now before Council would also give the Mayor the necessary authority to ensure timely response to a true drought or water shortage crisis. Mr. Carlisle pointed out that there are costs involved in conservation efforts. After discussion, Mr. Carlisle moved, seconded by Mr. Rock, to adopt Ordinance No. 2583 establishing policies and procedures for declaring and dealing with various stages of water shortages. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Brown, and Christiansen. Motion carried. There being no further business the meeting was adjourned at 10:00 p.m. Clerk- Geor tai , Ci Treasurer H. Dean Maxwell, Mayor Geortal/, Ci l Coundlmember 1658 January 22, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of January 22, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Cynthia Richardson. Absent: Bud Rock. Roll call was followed by the Pledge of Allegiance. The Mavor announced that this meetina will be continued to Friday. January 25. 2002 at 2:00 p.m. in the Municipal Buildina Council Chambers to meet with Skagit Countv Commissioners to discuss Emeraencv Medical Services. Minutes of Previous Meetinas Mr. Sizemore moved, seconded by Mr. Brown, to approve the minutes of January 7, 2002 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, and Carlisle. Motion carried. Citizen Hearings Mrs. Dulcie Bowman, 3933 West 12th Street, addressed the Council regarding potential loss of access to one of the Bowman properties due to implementation of the Rock Ridge West replat. Mrs. Bowman presented the Mayor and Council with copies of the text of her presentation together with maps supporting her position. Mr. and Mrs. Joe Kilkelly, owners of Block 67 in Tuttle & Buckley's Addition may also have access issues resulting from the Rock Ridge West project. The Bowmans are requesting that a condition be added to the Final Plat regarding access to both Blocks 45 and 67. Mayor/Council Communication Appointments to Planning Commission Mayor Maxwell recommended the appointment of Mr. Glenn Greathouse to the Planning Commission. Mr. Carlisle moved, seconded by Mr. Christiansen to confirm the appointment. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Carlisle, and Petrish. Mayor Maxwell then recommended the following reappointments: Mr. Alan Mazonson to the Park and Recreation Advisory Board; and Mr. Brian Wetcher to the Forest Advisory Board. Mr. Sizemore moved, seconded by Mr. Petrish, to confirm the reappointments. Vote:.. Ayes — Brown, Christiansen, Richardson, Carlisle, Petrish, and Sizemore. Motion carried. Council Committee Appointments Mayor Pro -tem Christiansen announced the following Committee appointments: Finance Committee: Cynthia Richardson, Bill Carlisle, and Terry Christiansen. Public Safetv Committee: Ray Sizemore, Ken Brown, and Bill Carlisle. Public Works Committee: Bud Rock, Ray Sizemore, and Terry Christiansen. Parks and Forest: Nick Petrish, Cynthia Richardson, and Bud Rock. Port/City Liaison: Bill Carlisle, Ken Brown, and Terry Christiansen. Personnel: Bud Rock, Terry Christiansen, and Ken Brown. The Mayor then read a letter addressed to Mr. Richard Bergner and the Friends of the ACFL thanking the Friends on behalf of the City for their tireless efforts to promote the Conservation Easement Program. In 2001 the Program brought in over $175,000 for the Forestlands Endowment Fund. The Mayor also expressed appreciation to all those who so generously contributed their time and energy to create a better community through the protection of this beautiful resource. Mr. Sizemore then reported on a meeting held with the Council Commissioners regarding Emergency Medical Services. By way of background Mr. Sizemore reported that the Public Safety Committee met with consultants retained by the Skagit County Emergency Medical Council in an effort to outline the City's position on services; he emphasized that Anacortes is the only municipality in Skagit County that has firefighter/paramedics. Subsequent to these meetings the Safety Committee registered concerns about the direction taken by EMS particularly with regard to ambulance services. As Chair, Mr. Sizemore presented a draft letter to the Commissioners expressing the City's concerns there are no elected officials contributing to the EMS decision making process. The letter encourages the Commissioners to become involved. The Commissioners have agreed to meet with the Council on Friday, January 25th to continue this urgent dialogue. Cedar Glen — Final Plat Mr. Ian Munce, Planning Director, presented the Cedar Glen Final Plat drawing for Council approval. Mr. Munce highlighted the platting process. Once Council grants Preliminary Plat approval the applicant shall install all necessary public improvements and satisfy all Conditions outlined in the Findings of Fact and Conclusions of Law. Once Council approves the Final Plat the developer is allowed to sell lots. Using an overhead display Mr. Munce pointed out that the 23 -lot project, located adjacent to the Skyline subdivision, contains Clyde Way as access with provision for future street connections to the north, and includes stormwater and regional 16 5 anuary 22, 2002 -- continued detention. Public Works has worked extensively with the applicant to development this regional facility. The recommendation from Public Works for approval is subject to a bond for up to $20,000 for those items not yet installed or completed. Questions followed regarding cul-de-sac and detention facility development. Mrs. Robinson asked for verification that the sidewalks meet ADA requirements. With that, Mr. Carlisle moved, seconded by Mr. Brown, to approve the Cedar Glen Final Plat. Vote: Ayes — Christiansen, Richardson, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Chandler Sauare: 2nd Story Bridae Over Allev Mr. Ian Munce, Planning Director, explained that the Chandlers Square facility, providing a critical need for elderly housing in the community, would like to develop property across the alley from the facility, linking the facilities with a walkway/bridge. Hearings were previously held to discuss the vacation of the alley but based on neighborhood input the petition to vacate was denied. Pedestrian access and liability are still outstanding development issues. The design concept now before Council is for the construction of a second story sky bridge connecting the old and new facilities. Warning bars are proposed to warn drivers of height restrictions. A Hold Harmless Agreement between Chandler Square and the City was circulated to Council for review. The Building Department has reviewed the preliminary concept and recommends approval. Questions followed regarding the barrier bar, installation of warning signs, and sanitation pickup. With that, Mr. Carlisle moved, seconded by Mr. Brown, to approve the Chandler Square Bridge proposal as attached to a January 17, 2002 memorandum from Don Measamer, Building Department. Vote: Ayes - Richardson, Carlisle, Sizemore, Brown, and, Christiansen. Abstain: Petrish. Motion carried. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on January 10, 2002 and January 17, 2002 are approved for payment as of this date, January 22, 2002. Council vote was unanimous. Claims Warrants Jan, 2002: Warrants Numbers 16077 through 16293 in the total amount of $1,225,509.28 Prewritten Claims Jan, 2002: Warrant Number 16076 in the total amount of $5,335.38 Pavroll 1 Jan, 2001 Warrant Numbers 20376 through 20453 in the total amount of $368,386.93 Direct Deposit Numbers 2263 through 2391 in the total amount of $178,504.48 EFT Numbers 42, and 43 in the total amount of $89,059.06 In the same motion Council adopted Resolution No. 1582 entitled "A Resolution Authorizing Execution of the Second 2% Tourism Promotion Fund Contract by and between the City of Anacortes and the Anacortes Chamber of Commerce for the Promotion of Anacortes Relative to the Sidney, B.C. Ferry Run". Resolution: Traffic Safetv Committee Mr. Bob Hyde, Director of Public Works, submitted a Resolution to Council reflecting action previously taken by Council to develop the form and function of the committee that would oversee traffic safety issues within the City. The committee will meet 4 times per year and the City Engineer will chair the committee. Mr. Carlisle asked that the meeting date for the committee be changed to the 3`d Tuesday of the month. With that change, Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Resolution No. 1583 entitled, "Reorganizing the Traffic Safety Committee". Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, and Mr. Carlisle. Motion carried. Resolution: GMA Grant Fundina Mr. Ian Munce, Planning Director, presented a Resolution to Council authorizing the City to accept planning funds from the Washington State Department of Community, Trade, and Economic Development. Proposed projects are population projections and "best available science" with a deadline for completion this fall; there are Bills in the legislature that could extend those dates significantly. The money could be earmarked, for the moment, for the restoration plan for the Fidalgo Bay Plan. In the future Mr. Munce could also submit a proposal for some monies to be directed to the South Fidalgo Island Sub -area Plan. The total funds available shall not exceed $15,750. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Resolution No. 1584. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Carlisle, and Petrish. Motion carried. January 22, 2002 -- continued Emerciencv Medical Services (EMS) Consultant Mr. Sizemore reported on a meeting held with Fire Chief Curtis to review bids received for consulting services to prepare a cost allocation study to: determine appropriate allocations between EMS and Fire Expenses of the City of Anacortes; to review existing consultant reports and written response to same; and to hold a meeting with policy makers from the City to assist in understanding potential implications of contemplated changes in the EMS system in Skagit County. Fire Chief Curtis supported the proposed cost allocation analysis. Low bid was received from Health Analytics in the amount of $7,500. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to accept the low bid from health Analytics. Vote: Ayes — Brown, Christiansen, Richardson, Carlisle, Petrish, and Sizemore. Motion carried. Executive Session (30 minutes) At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a possible land acquisition. At 9:30 p.m. the Council reconvened and without taking any further action continued this meeting to Friday, January 25, 2002 at 2:00 p.m. - X41 Ge or htaiar�City Clerk -Treasurer H. Dean Maxwell, Mayor ` ��� Coimcilmember 1661 February 4, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of February 4, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson 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 January 22, 2002 with the following corrections: page 2, second paragraph: "Mrs. Rebinsen Richardson...", and page 1, last paragraph, "...Oeeeeii County...". Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, and Carlisle. Abstain: Rock. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda Mayor/Council Communication Mayor Maxwell nominated the following people for board and commission appointment/reappointments: Appointment to Library Board of Trustees - Tracy Willis; Reappointment to Library Board of Trustees — Karen Wisnieski; Reappointment to Civil Service Commission — Allen Hatfield; Reappointment to Board of Adjustment — Brad Snyder and John Curtis. Mr. Sizemore moved, seconded by Mr. Rock, to confirm the appointment/reappointments. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. The Mayor then read a Proclamation entitled "Washington Arts: at the HEART of the community — Arts Day 2002 — February 12th". The Proclamation urged all citizens to join the Mayor in celebrating the vitality of the arts in our state. Preston Interpretive Center Mayor Maxwell presented a Resolution for Council approval. The Resolution, entitled "A Resolution Authorizing the Expenditure of Heritage Tourism Promotion Grant Funds for Project Assistance for the W.T. Preston Interpretive Center', would authorize the Finance Director to execute payment for expenditures outlined in a February 4, 2002 memorandum from Garry Cline, Museum Director. Mr. Sizemore moved, seconded by Mrs. Richardson, to adopt Resolution No. 1585. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. On a related matter, Council adopted Resolution No. 1586 authorizing the Mayor and Finance Director to accept Anacortes Museum Foundation funds for project assistance for the W.T. Preston Interpretive Center. The background and discussion of this matter are outlined in a February 4, 2002 memorandum from Barbara Hansen, President of the Anacortes Museum Foundation. Mr. Carlisle moved, seconded by Mr. Brown, to adopt the Resolution. The vote was unanimous. Resolution: Heart Lake Transfer Mayor Maxwell presented a Resolution to Council for review and adoption: Resolution No. 1587, entitled "A Resolution Accepting the State Parks and Recreation Commission's Offer to Transfer Heart Lake State Park to the City of Anacortes and Authorize the Mayor to Take all Necessary Actions for Final Acceptance". Once the Resolution is adopted the State Parks and Recreation Commission staff is prepared to execute the Governor's Deed that would officially transfer the land to the City. With that, Mr. Rock moved, seconded by Mr. Christiansen, to adopt Resolution No. 1587. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda item. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. 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 January 24, 2002 and January 31, 2002 are approved for payment as of this date, February 4, 2002. Council vote was unanimous. 1662 February 4, 2002 -- continued Claims Warrants Jan, 2002: Warrants Numbers 16295 through 16449 in the total amount of $268,907.15 Prewritten Claims Feb, 2002: Warrant Number 16294 in the total amount of $103,938.41 Pavroll 2 Jan, 2001 Warrant Numbers 20454 through 20560 in the total amount of $214,237.64 Direct Deposit Numbers 2392 through 2508 in the total amount of $208,512.09 EFT Numbers 41 through 45 in the total amount of $106,310.42 Closed Record Meetina: Winward Villaae Replat Mayor Maxwell initiated the Closed Record Meeting on a 24 -lot Preliminary Plat (replat and associated approvals) proposal submitted by Island Development LLC to replat approximately 6.76 acres generally located west of "D" Avenue, south of 18th Street, north of 20th Street, and east of "B" Avenue. The property is located in the Anacortes Original Addition and is zoned R 2. The Planning Commission held Open Record Public Hearings on January 9th and January 23rd After taking testimony and conducting a site visit the Commission voted to recommend approval subject to 30 conditions outlined in their Findings of Fact and Conclusions of Law. Council discussed the project trail characteristics and made the following amendment to Condition # 11: 11. The trail shall be 10 feet wide, shall have a gravel or paved surface (as determined by the Parks Board), shall not exceed a 12% grade, and shall not utilize stairs; the trees in the right-of-way west of "C" Avenue shall not be removed without the written approval of City Planning Director. Additionally, every effort shall be made to retain trees and understory in the wildlife corridor. Prior to any clearing the final Trail and Clearing Plan shall be approved by the City council With that correction Mr. Carlisle moved, seconded by Mr. Sizemore to approve the Windward Village Replat and in the same motion adopted Findings of Fact and Conclusions of Law as amended. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Resolution: Leaal Notice Newspaper Mayor Maxwell introduced a Resolution to Council for review and adoption: Resolution No. 1588 names the Anacortes American as the official newspaper for the City of Anacortes for the calendar year 2002. Mr. Sizemore moved, seconded by Mr. Christiansen to adopt Resolution No. 1588. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Contract Approval: Parcels/Permits Software Mr. George Khtaian, Finance Director, submitted a request to Council for approval of a contract in the amount of $118,980 with Eden Systems for a software program that includes two major modules: (1) permits and inspections for modeling the complex permit workflow and approval process and configuring permit types, and (2) Parcel Manager manages a comprehensive property database of all parcels and related attributes. Mr. Khtaian pointed out in his January 30, 2002 memorandum on this subject that these modules will allow interface with the City's new "Inforum Gold" software and updated utility billing procedures. With.that, Mr. Christiansen moved, seconded by Mr. Brown, to authorize the Mayor to enter into the software purchase agreement to enable implementation to begin on the Permits and Inspections module for the Building Inspection Department and on the Parcel Manager for the Engineering Department. Vote: Ayes — Sizemore; Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Acceptance: 2000 Sewer Replacement and Washington Park Storm Drainaqe Mr. Bob Hyde, Director of Public Works, submitted a City map showing the 6 locations where deteriorating sewer lines were replaced. Also highlighted was a Storm Project at Washington Park Boat ramp to reduce runoff over the lower level parking lot. The contract had been awarded to Dependable Design in the amount of $96,220.10. Mr. Hyde then summarized the deductive change order to the original contract with a final contract amount of $90,870.86. Staff recommends acceptance of the improvements as complete and to commence the mandatory 30 -day lien period. Mr. Sizemore so moved, seconded by Mr. Christiansen. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Acceptance: South March Point Road Reconstruction Mr. Bob Hyde, Director of Public Works, used an overhead display to highlight a road reconstruction project on a portion of South March Point Road that extends from Thompson Road to Pump Station 20 (east of Reservation Road). The work widened the existing road and included a bike path on the north side. The contract was awarded to Lakeside Industries in the amount of $206,957.50. There were two change orders with a final contract amount of 1663 February 4, 2002 — continued $259,974.84. Staff recommends acceptance of the improvements as complete and to commence the mandatory 30 -day lien period. Mr. Christiansen so moved, seconded by Mrs. Richardson. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Approval: contract for Pump Station # 10 Hand Rail Mr. Bob Hyde, Director of Public Works, introduced the final agenda item. Using an overhead display Mr. Hyde highlighted the pump station location near the water (Guemes Channel) in an easement on the Don McKee property, 302 Curtis Drive. Mr. Hyde described the complicated bidding process surrounding the handrail installation along the stairs at Pump Station # 10, and also described the handrail material requested by the McKees. The quote from Architectural Exteriors for the installation of the handrail, some landscaping and minor carpentry work is $16,900. Staff recommends that this handrail installation contract be approved so that the Pump Station # 10 upgrade project can proceed toward final completion. After discussion Mr. Brown moved, seconded by Mr. Sizemore, that the sole source bid for furnishing and installing handrails at Pump Station # 10 be approved in the amount of $16,900. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. No — Christiansen. Motion carried. There being no further business at approximately 9:30 p.m. Mayor Maxwell adjourned the meeting of February 4, 2002. G e K�n,Clerk-Treasurer H. Dean Maxwell, May r v Councilmember 1664 February 19, 2002 At 7:30 p.m. Mayor pro tem Christiansen called the regularly scheduled evening meeting of Tuesday, February 19, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Terry Christiansen, Ken Brown, Cynthia Richardson and Bud Rock. Absent: Mayor Maxwell and Ray Sizemore. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinas Mr. Petrish moved, seconded by Mr. Rock, to approve the minutes of February 4, 2002 as if read. Vote: Ayes — Petrish, Christiansen, Brown, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. Wayor/Council Communication Mayor pro tem Christiansen announced an open invitation for the first meeting in a series of community dialogues on the development of an Airport Zone. The meeting will be on Saturday, March 2nd at 9:00 a.m., Municipal Building Council Chambers. Consent Agenda Mr. Brown moved, seconded by Mrs. Christiansen to approve the following Consent Agenda item. Vote: Ayes — Christiansen, Brown, Richardson, Rock, Carlisle, and Petrish. 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 7, 2002 and February 14, 2002 are approved for payment as of this date, February 19, 2002. Council vote was unanimous. Claims Warrants Feb, 2002: Warrants Numbers 16451 through 16627 in the -total amount of $1,013,183.73 Prewritten Claims Feb, 2002: Warrant Number 16450 in the amount of $5,900.46 Museum Gift Shot): Resolution Mr. Ian Munce, City Attorney, presented a Resolution to Council that would authorize the Anacortes Museum Foundation to copy and sell publications, photos and documents of museum -owned material, and that the receipts of such sales shall be placed in the accounts of the Museum Foundation. A February 19, 2002 memorandum from Gary Cline, Museum Director, outlining the benefit to the City from the sale of these items is attached to and is part of the Resolution. Discussion followed regarding protection of copyright issues and identification of items as "facsimile". Mr. Cline then circulated copies of the booklets prepared by the Museum educator, Terry Slotemaker. With that, Mr. Rock moved, seconded by Mr. Carlisle, to adopt Resolution No. 1589. Vote: Ayes — Brown, Richardson, Rock, Carlisle, Petrish, and Christiansen. Motion carried. Cemetery Master Plan: Authorization Mr. Gary Robinson, Director of Parks and Recreation, submitted a proposed Scope of Work for the development of a Master Plan for Grand View Cemetery. Using an overhead display Mr. Robinson highlighted those sections of the cemetery that are no longer available. With the current rate of use within 5 years it's estimated that burial options will be severely limited and the City will need to pursue expansion of the facility. The proposed Master Plan will not only focus on the expansion issue but will study the existing cemetery operations and will present options for restructuring the space. WCA Northwest submitted the Scope of Work with a budget not to exceed $18,000. Mr. Robinson said that if approved a Budget amendment would follow. Council discussed the following issues: condominiumizing the mausoleum; the process for consultant selection; request for samples of master plans previously prepared by the consultant, needed repairs to the road at the cemetery, and clarification of contract financial details. After discussion Mr. Brown moved, seconded by Mr. Rock, to authorize staff to enter into an agreement with WCA in an amount not to exceed $18,000 to complete a Master Plan for Grand View Cemetery. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Christiansen, and Brown. Motion carried. Mr. Carlisle will serve as Council representative on the committee to oversee the Master Plan progress. Zonina Ordinance Exception: 2813 Morton Avenue — William Hendrix Mr. Ian Munce, Planning Director, informed the Council of a building issue outside the parameters of the City's zoning code regulations. Mr. Munce explained that no provision 16 6 4bruary 19, 2002 -- continued currently exists regarding mother/father-in-law living arrangements. Such a provision gives rise to questions regarding contributions to sewer and water capital charges, metering, parking, and process to consult the neighborhood. While most living situations fall within the category of family unit, infrequent requests have been made to allow for a separation between family members while caring for an elderly relative. If granted, any such exception would be allowed for the lifetime of the relative. The current living arrangement request now before Council does not fall within any of these parameters. Mr. Munce then distributed photographs taken by Mrs. Richardson of the applicant's property at 2813 Morton. The request for accommodation of a separate living quarter comes without support of the neighbors. Staff recommends that this use be approved but limited to the use of Mr. Hendrix during his lifetime providing that all City codes are met. The alternative, without homeowner cooperation, would be to secure a court order to deny him the use of the accessory building. The Building Department has issued a Stop Work Order. Mrs. Richardson suggested that the matter be forwarded to the Planning Commission in the form of a Conditional Use application. Mr. Munce clarified the issues that such an action would bring about. Discussion followed. Mr. Munce said the question at hand is whether or not the structure/circumstances meet the criteria for an exception. Mr. Carlisle moved, seconded by Mr. Petrish, to deny the request for an exception to the Zoning Ordinance. Mr. Rock suggested that the proponent and neighbors be allowed to discuss the proposal in a public hearing. Mrs. Richardson clarified that the improvements to the shed should continue absent any amenities for living quarters. Mr. Rock moved, seconded by Mr. Carlisle to table this matter. Vote: Ayes — Rock, and Carlisle. Motion failed. Mr. Carlisle withdrew his motion. Mrs. Richardson moved, seconded by Mr. Rock, that this matter be scheduled for a Public Hearing, with notification to the neighbors, on March 4, 2002. Vote: Ayes — Carlisle, Christiansen, Brown, Richardson, and Rock. No — Petrish. Motion carried. There being no further business at approximately 8:45 p.m. Mayor pro -tem Christiansen continued the meeting to Monday, February 25, 2002 for the purpose of considering bids on the 36" waterline, Segment #1. l� orge aian, City Clerk -Treasurer Han Maxwell, Mayo Councilmember Continued Meeting of February 19, 2002 -- February 25, 2002 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bud Rock, Ray Sizemore, Ken Brown, Nick Petrish, Cynthia Richardson, Terry Christiansen, and Bill Carlisle. Mr. Bob Hyde, City Public Works Director, presented bids for the waterline replacement project segment west along Skagit flats to the Swinomish Channel. Mr. Hyde recommended bid award to the low bidder, Robison Construction, in the amount of $3,177,836.90. After discussion, Mr. Petrish moved that the bid be awarded to Robison Construction. The motion was seconded by Mr. Brown and passed unanimously. The meeting adjourned at 7:45 p.m. GsWae aian, City Clerk -Treasurer H. Dean Maxwell / Councilmember 1666 March 4, 2002 At 7:30 p.m. Mayor Maxwell called the City Council regularly scheduled evening meeting of Monday, March 4, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Mayor Maxwell announced that, at the conclusion of this meeting the City Council would convene in a 15 -minute Executive Session to discuss possible litigation. Minutes of Previous Meetinas Mr. Petrish moved, seconded by Mr. Sizemore, to approve the minutes of February 19, 2002 and February 25, 2002 as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. aa,r %aoimvvrv..�moasvr ?Ma orlCouncil Communicationp r.2a.r ,u:<.w ,v.�:,s .v..�.ar. r.v-sura. yainrr. -ovs; a,G{ Mayor Maxwell recommended the reappointment of Ms. Gloria Nystrom to the Anacortes Improvement Board. Mr. Brown moved, seconded by Mr. Carlisle, to confirm the reappointment of Ms. Gloria Nystrom to the Anacortes Improvement Board. Vote: Ayes - Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. The Mayor then read a Proclamation proclaiming February 1St through March 16th, 2002 as the Bicentennial of the United States Military Academy. The Mayor urged all citizens to join him in this special observance of the Academy's 200 years of leadership and service to the United States. Mayor Maxwell summarized a second Proclamation proclaiming the month of March 2002 as American Red Cross Month. He asked that citizens support the humanitarian mission of the Anacortes-San Juan Islands Chapter of the American Red Cross especially during these trying times for our country. The Mayor announced that AT&T Broadband is merging with Comcast Corporation. Mayor Maxwell explained that the AT&T Franchise now held from the City of Anacortes is assignable. Referring to the Federal Trade Commission control of this utility, the Mayor characterized the negative effect on rates and services experienced without the benefit of local authority. Accessory Dwellina Unit (2813 Morton Avenue): Public Hearinq (These r)roceedinas are in tape and filed at Citv Hall.) Mayor Maxwell declared the Public Hearing open on a request by Mr. William Hendrix for permission to live in an accessory residential dwelling unit at 2813 Morton. This request was considered at the February 19, 2002 Council meeting and a Public Hearing for March 4th was scheduled so that both Mr. Hendrix and the neighborhood property owners would have an opportunity to comment on the proposal. Mrs. Richardson stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, supplied an overhead showing the property location and its relationship to surrounding development just off of Sunset Avenue. A single family home .and accessory structure are located on a 4,560 square foot site at 2813 Morton, a grandparented lot of record. At the February 19th City Council meeting the owner, Mr. William Hendrix, said that he wants to convert the accessory building at the rear of the lot to a dwelling unit to accommodate his extended family. Mr. Munce then referred to past hardship requests granted by City Council for temporary dwelling arrangements for elderly or ill family members. City staff has approached the Hendrix request as just such a temporary hardship scenario. Due to Council concern that these improvements are of a permanent nature and outside of existing Ordinances, the Public Hearing was scheduled. Concluding his report Mr. Munce acknowledged receipt of two letters of comment: (1) March 2, 2002 letter from Linda Lipke, opposing the Hendrix renovations; and (2) March 2, 2002 letter from Dave E. Barcott, also in opposition to the proposal. The Mayor then opened the Hearing to public comment. Mr. William Hendrix, 2813 Morton, explained that the primary structure at 2813 Morton Avenue was built in 1928. The proposed renovations to the accessory building will provide handicapped facilities for his son when he visits as well as provide for a place for Mr. Hendrix and his wife to reside. His daughter and two grandchildren have moved in with him and more living room is necessary so that the family can safely live together. He planned to upgrade the main structure when the accessory structure was complete. Unaware that renovations require a building permit, when visited by Building Department staff Mr. Hendrix was so informed and a Stop Work Order was issued on the 16 6 7March 4, 2002 - continued project. Colleen Sargent, 1600 Georgia Place, spoke against the proposal citing zoning restrictions. Mr. Thomas Colson, Morton Avenue property owner, spoke for the project underscoring the family's cramped living conditions. Ms. Betsy Loesh, 2811 Morton and next door neighbor, spoke against the proposal suggesting that the accessory structure was inadequate for living quarters. Ms. Maryanne Catera, 2813 Morton Avenue, testified that she lives in the small, 2 bedroom home with her two children, her father, and stepmother. The accessory structure would be used as living quarters for her father and stepmother so that the family could stay together and care for each other. With regard to the appearance and condition of the site the family intends to improve the property over time. There were no further comments and the Mayor declared the public hearing closed. Questions from the Council followed and clarified that the use of the accessory building would only be for a bedroom/bathroom facility. Mr. Munce clarified the following issues: that the use of the accessory structure for family members meets the zoning definition for family; past Council approval of hardship circumstances due to age or infirmity required that the temporary structure be removed when the family circumstances change. Referencing photographs of the Morton Avenue house and proposed structure distributed at the previous Council meeting Mr. Petrish spoke against the proposal. Mr. Munce characterized the condition of the property as a work in progress; he also confirmed for Mr. Rock that any construction to the accessory building would be in accordance with code and that prohibition could be made against cooking facilities or future use as a rental unit. Enforceability of such a covenant could be an issue; the family has pledged that the property will be cleaned up. For future reference Mr. Munce reported that the Planning Commission is currently reviewing a proposal for development of accessory dwelling unit standards. Mr. Sizemore suggested that if the structure was built to code and discontinued when no longer needed that permission to use the accessory structure could allow the family to stay together. Mr. Brown concurred particularly as there is a commitment by the property owner to improve the condition of the site. Mr. Carlisle referenced the letters and testimony of the neighbors expressing concern that their objections be addressed. Mr. Petrish pointed out that the applicant has not indicated a willingness to comply with City procedures and code requirements. He underscored the neighbors' misgivings and suggested that the applicant expand the existing structure instead. After discussion, Mr. Munce proposed drafting an agreement that would contain conditions discussed this evening. If permission is given the draft could include: a caveat that the agreement would be revoked if the site wasn't totally cleaned up within 30 days; that there shall be no outside storage of materials, that the covenants and conditions shall be recorded with the property; that all work shall meet City code before occupancy; and that vehicles that are not licensed and not in working order shall be removed. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Planning Director to prepare an agreement for the use of an accessory structure at 2813 Morton Avenue outlining proposed conditions for approval. Vote: Ayes — Brown, Rock, and Sizemore. No — Christiansen, Carlisle, and Petrish. Breaking the tie vote, the Mayor voted aye. Motion carried. Mrs. Richardson resumed her seat on the Council. Conservation Easement Proaram Acreaae: Final Approval Mr. Jonn Lunsford, Parks and Forestlands Manager presented a request to Council to place a permanent conservation easement on 30 acres of land. Council previously reviewed the six 5 - acre groves via a January 7, 2002 memorandum. Council action to approve this 30 -acre parcel would bring the total acres conserved to 420. With that, Mr. Carlisle moved, seconded by Mr. Rock, to approve the placement of a conservation easement on the 30 -acre parcel. Vote: Ayes — Christiansen, Richardson, 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 — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 14, February 21, and February 28, 2002 are approved for payment as of this date, March 4, 2002. Council vote was unanimous. Claims Warrants Feb, 2002: Warrant Numbers 16629 through 16802 in the total amount of $245,744.21 Prewritten Claims Mar, 2002: Warrant Number 16628 in the amount of $103,358.22 March 4, 2002 - continued 1668 Pavroll # 1 February 15 Warrant Numbers 20561 through 20641 in the amount of $103,067.20 Direct Deposit 2560 through 2691 in the amount of $177,126.04 EFT Numbers 46 through 47 in the amount of $88,558.92 Final Plat: Rock Ridqe West Mr. Christiansen and Mrs. Richardson stepped down from deliberation on this matter. Mayor Maxwell then introduced the Final Plat application for Rock Ridge West. Mr. Ian Munce, Planning Director, explained that Council previously approved the Preliminary Plat for Rock Ridge subject to 29 conditions. Council may accept the Final Plat provided that all conditions have been met; this approval is critical to the applicant, as without it lots cannot be sold. City Public Works and Engineering staff recommend approval subject to bonding in the amount of $40,000. Two access issues were raised during Planning Commission deliberation by neighboring property owners, Erik and Dulcie Bowman and Joe and Laura Kilkelly. Using an overhead display, Mr. Munce highlighted the property owned by the Kilkellys and the Bowmans; both owners are concerned with future access to their property and have suggested modifying condition # 21 to add a provision regarding the preservation of 32nd Street and West L Avenue accesses. Mr. Munce pointed out that these rights-of-way are outside the Rock Ridge West boundaries; he further clarified that the applicant has stated there are no plans to petition the City to vacate those rights-of-way. The second access issue was raised by Bowmans relative to Lots 13, 14, and 15, Block 11, Tutttle & Buckley's Addition. Project condition # 28 requires that with the completion of 29th/301h Street the applicant shall provide access to those specified lots. In spite of the language of Condition # 28 the Bowmans have argued that the access extended to those lots should include utilities. The easement document now proposed for the applicant will state that the easement would be permanent if a building permit is issued prior to a street access being provided. The Bowmans asked that the right-of-way adjacent to their property be re -seeded with new topsoil added. The Planning Commission reviewed the matter and voted to recommend acceptance of the Final Plat subject to the Performance Bond, that temporary access will be permanent if a building permit is secured prior to right-of-way construction, and that the topsoil and reseeding to the right-of-way shall be done. Mr. Munce concluded his report and informed Council that both parties are represented this evening by counsel and that a letter from the Kilkelly's attorney is in the Council packet. Mrs. Dulcie Bowman, 3933 W. 12th Street, distributed maps to the Council and reported that during construction their property survey points were removed and that they need to be re -set by a surveyor. Using overhead displays, Mrs. Bowman discussed the need for the access easement, the temporary aspect of the easement as originally proposed, and the lack of provision for utilities. The Bowmans are requesting a permanent easement, that utilities are specified, and that the Bowman's legal counsel approves the Easement document. Mr. Peter Deming, Attorney for Rock Ridge West, clarified that the request for utilities to be included in the easement document is not a condition of the plat but, rather, is a new request as of this evening's meeting well after Preliminary Plat approval and construction of the project infrastructure. Additionally, the Bowmans only recently became owners of Block 11 and were fully aware of the Rock Ridge plat conditions prior to purchase. Mr. Deming summarized the issues: 32nd Street and West L Avenue are outside the Rock Ridge West plat, survey points will be re -set, re -seeding and re -grading will be taken care of; the easement is located where the Bowmans requested; the easement is located outside the plat boundaries but was obtained for the Bowmans; there is no requirement for utilities to be included in the easement document; the easement will be permanent if a building permit is obtained before construction of dedicated right-of-way. Mr. Doug Owens, Attorney for the Bowmans emphasized that access and other development potential should be available to his clients in the same fashion as before the Plat development. Council reviewed each of the points raised and asked for clarification on the easement issue with particular attention to the issue of utilities. After lengthy discussion Mr. Sizemore moved, seconded by Mr. Petrish, that the City accept the final plat of Rock Ridge West subject to a performance bond in an amount to be finally established by the Public Works Director at the time of his affixing his signature to the final plat, but currently estimated at up to $40,000. This performance bond is to cover asphalt paving, as -built record items, soil being added, and rocks being removed from the right-of-way in front and across the road from the Bowman's residence, and re-establishment of survey stakes. Additionally, the access easement for Lots 13, 14, and 15, Block 11, Tuttle and Buckley's Plat of Anacortes is to be clarified to specifically include utilities, and not left to read simply 'access'. This easement shall specify that the easement shall not terminate if a City building permit is issued for a single-family home on these Lots 13, 14, and 15 prior to a dedicated public road access being constructed to these Lots 13, 14, and 15. Finally, the plat map shall note that the 30 -foot easement to these Lots 13, 14, and 15 will constitute legal access for purpose of a building permit being issued. Vote: Ayes - Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. 1669 March 4, 2002 - continued After a 10 -minute break all Council members returned to their seats. Award CBD Sidewalks Mr. Bob Hyde, Public Works, Director, reported to the Mayor and Council that bids were opened on February 27, 2002 for Commercial Avenue Business District Sidewalk Replacement Project. This year's replacement project is located between 6th Street and 7th Street on Commercial Avenue. The low bid was received from Island Construction, Oak Harbor, in the amount of $90,316.75. Staff recommends that the contract be awarded to Island Construction. Mr. Carlisle asked if the construction schedule would interfere with the scheduled April Quilt Walk/Show. After discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to award the Sidewalk Replacement Project to Island Construction in the amount of $90,316.75. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Chanae Order: 2001 Waterline Replacement Mr. Gordon Bruchner, Project Engineer, introduced this item to Council. He explained that the City is under contract with Larry Brown Construction for the 2001 Waterline and Storm Drain Replacement Project. This is a yearly program that eliminates old and undersized lines throughout the City. The project locations for this year are: 8th Street from "O" Avenue to Commercial Avenue; 7th Street from "N" Avenue to Commercial Avenue; Stevenson Road 700 feet west of Similk Bay Road to Thompson Road; H Avenue from 401h to 41 st Street then east to "J" Avenue; Bullock Court from Down Jones Way to Bullock Court; and "J" Avenue from 26th Street to 28th Street. Mr. Bruchner further explained that the proposed additional projects are in preparation for the abandonment of the 24 -inch line and are within the scope of the construction contract. The three (3) additional locations are: easement from Padilla Heights Road northwest to March Point Road; Thompson Road and March Point Road; and Casino Drive east to the existing 36 -inch waterline. Additionally, a fire hydrant will be installed on the new 36 -inch main east of the intersection of Thompson Road and March Point Road. An 8 -inch waterline between both 36 - inch waterlines will act as an inner -tie in order to provide service to the Casino during construction. With that, Mr. Christiansen moved, seconded by Mr. Carlisle to add the additional work to the 2001 Waterline Replacement contract with an additional cost of $32,431.62. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Tommv Thompson Trail Interim Report Mr. Dave Lervik, City Engineer presented a status report to the Council on the Thompson Parkway Trail Project. His report covered the principal components of the work underway: (1) environmental permitting process is underway; five wetland areas were identified and will require delineation; (2) there's a bald eagle nest on Weaverling spit potentially causing the mandate of a "construction window"; (3) design for the trail is continuing with efforts geared toward the alignment of the trail within the corridor; (4) preliminary discussions have been held regarding the realignment of the corridor immediately south of 22nd Street to a route along T Avenue. Small Works Roster: Resolution Mr. Bob Hyde, Director of Public Works, presented a Resolution to Council that would authorize use of Small Works Roster process and establish procedures for the award of Public Works contracts. Previously discussed in Study Session and suggested revisions by Council are reflected in the Resolution to be adopted. Mr. Hyde emphasized that these procedures if adopted, would expedite the solicitation and award of contracts for small Public Works projects. With that, Mr. Rock moved, seconded by Mr. Brown, to adopt Resolution No. 1590 entitled, "A Resolution of the Council of the City of Anacortes, Washington, on the Subject of Establishing a Small Works Roster Process to Award Public Works Contracts." Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Increase to Mavor's Contract Authority: Resolution Mr. Bob Hyde, Director of Public Works, presented a Resolution to Council that would establish the Mayor's authority to execute contracts not to exceed $30,000. This limit is provided to Mayor Maxwell specifically and would be reversed to $5,000 upon the end of Mayor Maxwell's term. This matter was reviewed with Council in Study Session and with the Public Works Committee at a February 15th meeting. Mr. Hyde pointed out that the current threshold of $5,000 is too low given the size of the operating budget and capital program within the .City. With that, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Resolution No. 1591 entitled "A Resolution Establishing a Policy on Public Works Contracts." Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. March 4, 2002 -continued 1670 Award Consultina contract for Marine Drive Safety Improvements Mr. Bob Hyde, Director of Public Works, presented a request for authorization to enter into a consultant contract with Leonard, Boudinot & Skodje for the reconstruction of the upper curve of Marine Drive/Burrows Street/Anaco Beach Road. This location is one of the City's "high accident locations". Mr. Hyde then described the details of the reconstruction as well as and features of the new roadway. Staff recommends the firm of Leonard, Boudinot & Skodje to provide the mapping and construction engineering and management. After discussion Mr. Sizemore moved, seconded by Mr. Carlisle, to authorize the Mayor to enter into a contract with Leonard, Boudinot & Skodje for the Marine Drive Safety Improvements Project in the amount of $46,750. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Award Contract to Fabricate Filter Baffles — Water Treatment Plant Mr. Bob Hyde, Director of Public Works, characterized the effect of high plant flows on the filters at the Water Treatment Plant. The high velocity can create a scouring effect on the filter surface and Plant staff investigated the use of filter baffle panels to correct the problem. Quotes for baffles were solicited with a low bid from Superior Systems in the amount of $7,739.90 including tax to construct 12 filter baffles. Mr. Willie LaRue, Plant Manager was on hand to answer questions from Council. After discussion, Mr. Carlisle moved, seconded by Mr. Christiansen, to award the 12 -filter baffle project to Superior Systems in the amount of $7,739.90. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. At approximately 10: 45 p.m. the Mayor announced that the Council would convene in Executive Session to discussion potential litigation. At 11:00 p.m. the Council reconvened and without taking any further action the meeting of March 4, 2002 was adjourned. 0 Orge Kh ian, City C rk-Treasurer H. Dean Maxwell, Mayor Counci`imem er 1671 March 18, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, March 18, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinas With the following corrections Mr. Christiansen moved, seconded by Mr. Rock to approve the minutes of March 4, 2002: page 1, last paragraph, "...on a 6=,G0 4,560 square foot site..." and page 6, "...low bid from Supw Superior Systems..." and "...baffle project to 6€ Superior Systems in the amount of..." Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. sMayor/Council Communication- :Y.oai oiviviviovvoovi^•--^-^-ovoviavid, Mayor Maxwell suggested the following Budget review schedule: August: Council meet with department heads - September: Council use both evening Study Sessions for Budget review. The Mayor offered that it might be necessary to schedule a daytime meeting to complete the process. Council agreed to the schedule. Island Familv Phvsicians/Group Health The Mayor then identified an area of community concern. Apparently contract renewal negotiations between Island Family Physicians and Group Health Insurance Cooperative have stalled. Without contract renewal over 1,000 Island Family patients have been forced to either stay with Group Health coverage (and find new primary care physicians) or to stay with Island Family Physicians (and transfer to a new health insurance plan). County Commissioner Don Munks expressed concern that the abrupt severing of long-term patient/physician relationships, particularly amongst the elderly and at -risk patients, could compromise quality of care. Mr. Munks sought more in-depth information regarding the failed negotiations from the State Insurance Commissioner (SIC). The SIC asked Group Health to offer an official position as to why coverage to Island Family Physicians has been terminated. The deadline for comment from Group Health is March 27th. Mr. Sizemore offered to meet with the Insurance Commissioners on this issue. As the County's District 1 representative, Mr. Munks shared his commitment to work toward finding a solution beneficial to the patients of Island Family Physicians, with particular emphasis on transition arrangements. Accessory Dwellina Unit (2813 Morton Avenue): Public Hearinq This issue was previously before Council on the evenings of February 19, 2002 and March 4, 2002 (public hearing). Mr. Petrish initiated the discussion by referencing two letters received by Council subsequent to the Public Hearing — both in opposition to the proposed accessory structure at 2813 Morton Avenue. Mr. Petrish also referenced the Planning Director's March 12, 2002 letter to the applicant outlining conditions necessary to bring the property into compliance. Responding to Mr. Petrish's request for a follow-up to this letter the Director, Mr. Ian Munce, reported that absent any organized approach to clean-up and construction the City has now moved to an enforcement mode. A Stop Work Order has been issued on the accessory structure, the use of the RV as living quarters has been referred to the City Prosecutor, and the overall site condition issue was referred to the City Improvement Board. Mr. Petrish asked that copies of the Director's March 12th letter be forwarded to correspondents in this matter. Follow-up to Windward Village Final Plat Mr. Ian Munce, Planning Director, introduced a proposed clarification to the Council -approved Windward Village Preliminary Plat. Mr. Munce explained that the plat approval included authorization for some smaller lots in order to allow for the public access and wildlife corridor. At the time of approval the lot coverage ratio could have been permitted at 50% rather than the 35% dictated by Zoning Ordinance. This variance would to allow for the size of home anticipated in this area. The request now before Council is to include in the project approval the stipulation that lot coverage shall be permitted at up to 50% for the following lots: Lots 1-5 and 7-13. Mrs. Richardson suggested setting a 2,625 square foot maximum for those lots rather than using the 50% criteria. The applicant was present in the audience and indicated agreement with this suggestion. Mr. Christiansen said this issue highlighted the lot coverage inconsistencies in the zoning regulations and suggested including this issue in the City's annual development regulation review. With that, Mrs. Richardson moved, seconded by Sizemore, to allow a maximum 2,625 square foot lot coverage for Lots 1-5 and Lots 7-13 of the Windward Village Plat. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. 1672 March 18, 2002 - continued Consent Agenda Mr. Christiansen moved, seconded by Mr. Carlisle to approve the following Consent Agenda items. Vote: Ayes — Brown, Christiansen, Richardson, 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 28, March 7, and March 14, 2002 are approved for payment as of this date, March 18, 2002. Council vote was unanimous. Claims Warrants Mar, 2002: Warrant Numbers 16804 through 17024 in the total amount of $334,717.76 Prewritten Claims Mar, 2002: Warrant Number 16803 in the amount of $5,488.42 Pavroll # 2 February 28 Warrant Numbers 20642 through 20736 in the amount of $202,515.83 Direct Deposit Numbers 2692 through 2844 in the amount of $177,861.94 EFT Numbers 48 through 50 in the amount of $89,237.49 Council also adopted Resolution No, 1592 setting April 15, 2002 as the Public Hearing date for a Petition to Vacate a portion of the alley in Block 11, Tuttle & Buckleys Addition; and adopted Resolution No. 1593 setting April 15, 2002 as the Public Hearing date for a Petition to vacate a portion of "L" Avenue adjacent to Lot 11, Block 3 of Hagadorn's and Stewarts Addition. Resolution: AT&T Franchise Transfer to AT&T Comcast The City Attorney, Mr. Ian Munce, introduced a Resolution to Council for review and adoption. The issue at hand is the AT&T Franchise transfer to AT&T Comcast for cable operation. Pursuant to the existing Franchise agreement the City should approve the transfer by Resolution. Discussion followed regarding the current AT&T level of service and unexplained rate increases. Mr. Carlisle suggested that this matter should be brought back in 2 weeks in order to give the public time to respond to these issues with AT&T. The Mayor clarified that without local government review and authority the City is unable to influence these issues. After discussion Mr. Carlisle moved, seconded by Mr. Brown to adopt Resolution No. 1594 entitled "Consent to Change of Control and Internal Restructuring (AT&T/AT&T Comcast)". Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, and Petrish. No — Sizemore, and Brown. Motion carried. Condemnation Ordinance: Transportation Corridor Adiacent to the Grimm Prooertv Mr. Ian Munce, City Attorney, submitted an Ordinance to Council for review and adoption. By way of background Mr. Munce explained that the Grimm family has laid claim to a portion of the Burlington Northern right-of-way adjacent to their property. This same right-of-way includes the City's bike/trail corridor. The Ordinance now before Council would condemn any interest in the bike trail that the Grimms might have. Mr. Munce also reported that the City will be entering into negotiating sessions with the Grimms within the next couple of weeks. If adopted this Ordinance allows the trail project to go forward. After discussion Mr. Sizemore moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2585 entitled "An Ordinance of the City of Anacortes, Washington, providing for the acquisition of certain properties for the improvement of the transportation system into and through the City of Anacortes; providing for the condemnation, appropriation, taking and damaging of land and other property rights necessary therefore; all located within section 30, Township 35 North, Range 2 East, W.M. and tide and shore Lands adjacent thereto, in Skagit County, Washington. [In re Anacortes Transportation Facilities]." Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. At approximately 8:50 p.m. the Mayor continued the meeting to Monday, March 25, 2002 for the purpose of a bid award for the Swinomish Channel Waterline Crossing. Gete htaia , City Cerk- reasurer H. Dean Maxwell, Mayor � l _ Councilm m er 1673 April 1, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, April 1, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinas With the following correction Mr. Brown moved, seconded by Mr. Sizemore, to approve the minutes of March 18, 2002: page 2, Follow-up to Windward Villaqe Final Plat, 8th sentence, "With that, Mrs. Richardson moved, seconded by Mr. Sizemore, to allow a maximum 2,625 square foot lot sig coverage for Lots 1-5 and Lots 7-13..." Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Citizen Hearinas Mr. Herschel Janz, 1120 King Street, asked for an update on the City's policy relative to the use of fireworks on the 4th of July. Last year Mr. Janz asked the Council to consider a ban on fireworks. He suggested that extreme fire hazard and potential personal property damage issues warrant prohibition of the explosion of fireworks within the City limits. The Mayor reported that a public hearing was held on this matter but to date, Council has not decided on further curtailing this year's fireworks activity. Councilmembers briefly discussed both alternatives to an outright ban and promotion of a single community fireworks event. Mr. Christiansen reported that MJB has approved the use of a portion of their Industrial Park property for a community, citywide fireworks show. a+se.�. a w.n ..v. soviavwooivviWvivmio,ov, aMayor/Council Communicationo ..+:.r. -r n �+��v a..+: e:m n oio 0000iaioot� oovaiviv:! Mavor's Merit Award Mayor Maxwell introduced Mr. Bill Chambers, an exemplary City employee. Mr. Chambers is the City's information systems technology representative and is responsible for 156 computers at 7 work sites spanning 11 departments. Mr. Chamber's career with the City has been characterized by excellent internal customer service and his work performance serves as an example to all. In appreciation of his achievements the Mayor presented Mr. Chambers with the Mayor's Merit Award including a plaque and gift certificate to the Bella Isola Restaurant. Mr. Chambers received the gift to enthusiastic applause. Appointment to Museum Advisory Board Mayor Maxwell recommended the appointment of Mr. James Taylor to the Museum Advisory Board. Mr. Taylor's resume was included in the Council's meeting agenda packet. With that, Mr. Sizemore moved, seconded by Mr. Rock, to confirm the appointment of Mr. James Taylor to the Museum Advisory Board. Vote: Ayes — Richardson, Rock, Carlisle; Petrish, Sizemore, Brown, and Christiansen. Motion carried. Proclamation: Arbor Dav Mayor Maxwell announced that the City of Anacortes has been officially recognized by the National Arbor Day Foundation as a Tree City USA. To commemorate this year's planting of over 500 new trees in the forestlands the Mayor proclaimed April 5, 2002 as the City's celebration of Arbor Day. The Mayor then made the following announcements: There will be a Real Heroes Breakfast on April 16th from 7:30 a.m. to 9:00 a.m. at St. Mary's Church honoring one of the City's police officers; and there will be a ceremony at NAS Whidbey on April 7th to christen a DC9 Troop Transport plane as "The City of Anacortes". Consider Bids for Seament # 2 — 36 -inch Waterline. Swinomish Channel Crossinq Mr. Bob Hyde, Public Works Director, introduced the bids received on March 13, 2002 for Segment 2 of the 36 -inch waterline construction. The low bid was received from Robison Construction, Sumner, Washington in the amount of $1,016.769.60. Mr. Hyde described the project in detail and reported that Robison Construction background checks have been favorable. Mr. Hyde then introduced Ms. Wendy Gibble, Project Engineer with Montgomery— Watson Harza; Ms. Gibble has led the design program for the waterline projects and has provided technical and oversight support. Mr. Gordon Bruchner, Project Engineer, fielded questions on project history and development. After discussion Mr. Brown moved, seconded by Mrs. Richardson, to award the Segment Two project to Robison Construction in the amount of $1,016.769.60 including sales tax. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. April 1, 2002 -- continued 1674 Consent Aqenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, 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 March 21, 2002 and March 28, 2002 are approved for payment as of this date, April 1, 2002. Council vote was unanimous. Claims Warrants Mar, 2002: Warrant Numbers 17026 through 17210 in the total amount of $1,130,608.40 Prewritten Claims Mar, 2002: Warrant Number 17025 in the amount of $1,039.32 Pavroll # 2 March Warrant Numbers 20737 through 20824 in the amount of $105,389.93 Direct Deposit Numbers 2845 through 2981 in the amount of $177,506.98 EFT Numbers 51 through 56 in the amount of $91,274.41 Banking Services Bids Mr. George Khtaian, Finance Director, submitted a request to Council for approval of a 3 -year contract with Skagit State Bank. Bids were solicited from five local commercial banks capable of providing the full range of financial services required by the City. The low bid was received from Skagit State Bank with a monthly service charge of $70.50. With that, Mr. Carlisle moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into a contract with Skagit State Bank for banking services from April 1, 2002 to April 1, 2005. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Ordinance: Pride in Service —Recognition Proqram Mrs. Emily Schuh, Human Resources Director, presented an Ordinance for Council review and adoption. Mrs. Schuh explained that the Ordinance would initiate a program for the recognition of employee service with the City. Mr. Petrish questioned the initial expenditure necessary to initiate the program, particularly in comparison with a lesser amount budgeted for Causland Park restoration; the Mayor responded with an outline of his budgeting philosophy. Mr. Carlisle also suggested that the proposed monies to initiate the employee recognition program be used for Causland Park restoration. Discussion followed. Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2586 entitled "An Ordinance of the City Council of the City of Anacortes Authorizing the Establishment of a Service Award Recognition Program for Employees." Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, and Rock. No — Petrish and Carlisle. Motion carried. "H" Avenue Wideninq Project: Consultant Contract Award Mr. Bob Hyde, Director of Public Works, presented a contract to Council for review and approval. The contract, with David Evans & Associates, is for the design, right-of-way acquisition and environmental permitting for the "H" Avenue Widening Project. Mr. Hyde described the complexities of the project and he also reviewed the consultant selection process. Mr. Rock complimented Public Works on the consultant fee negotiations. After discussion, Mr. Christiansen moved, seconded by Mr. Rock, to authorize the Mayor to enter into a contract with David Evans & Associates for the "H" Avenue Widening Project in the contract amount of $157,523.68. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Surplus Med 13/Authorization: Purchase Ambulance Fire Chief, Richard Curtis, presented a request to Council for authorization to purchase a 2002 North Star Ambulance and to surplus the City's M13 vehicle. The purchase would be routed through the Interlocal Cooperation Act. With that, Mr. Sizemore moved, seconded by Mr. Brown to authorize the purchase of the 2002 North Star ambulance and the trade-in of the City's M13 vehicle. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. There being no further business, at approximately 8:30 p.m. the Mayor adjourned the meeting. 0 G Khtai n, City Cle -Treasurer r H. Dean Maxwell, May 1675 April 8, 2002 - Special Meeting Mayor Maxwell called the special meeting to order at 7:30 p.m. in the Municipal Building Council Chambers. Roll call found present: Councilmembers Ken Brown, Bud Rock, Cynthia Richardson Terry Christiansen. Absent: Councilmembers Bill Carlisle and Nick Petrish. The Mayor opened a public hearing on the following item: "Compliance with the Western Washington Growth Management Hearings Board's Order regarding the Anacortes Airport." The Planning Director introduced a proposed ordinance that would amend the City's Zoning Code to designate the entire 10 acres in question as Light Manufacturing* (LM*) and deleting the zoning language that had been judged to be invalid by the Skagit County Superior Court. There was no public testimony. The public hearing was closed. After discussion, Councilmember Sizemore moved that Ordinance #2587, entitled "An Ordinance Amending the Provisions of Ordinance #2560, Revising the Comprehensive Plan and Zoning Ordinance Maps, and Complying with the Western Washington Growth Management Hearings Board Order in Case #01-2-0019c" be adopted. The motion was seconded by Councilmember Christiansen, and passed unanimously. The meeting adjourned at approximately 8:00 p.m. rge KO(taian, City'Clerk-Treasurer H. Dean Maxwell, Ma C nci em`s April 15, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, April 15, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Brown moved, seconded by Mr. Sizemore, to approve the minutes of April 1, 2002 and April 8, 2002 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Mr. Petrish and Mr. Carlisle abstained from the vote on the April 8th minutes. Citizen Hearings Mr. Herschel Janz, 1120 King Street, reiterated his position to call for a citywide fireworks ban. pnovvaviviv/v/oviviPw/vivivivivivivivivivivivivivip ,Mayor/Council Communication The Mayor announced that the Association of Washington Cities annual meeting will be held on June 19th through the 21st in Yakima. Councilmembers interested in attending should contact the Mayor's office. The Real Heroes Breakfast will be held on Tuesday, April 16th at St. Mary's Catholic Church. The Mayor then turned to two Proclamations: (1) Proclaiming the month of May as Conservation Easement Month in Anacortes, and (2) Proclaiming April 21-27, 2002 as the City's celebration of National Volunteer Week. Library Closeout: Next Steps Mr. Doug Everhart, Library Director, introduced Mr. Gary Barnett, the new library construction Project Manager. Mr. Barnett shared that the library project is and has been on schedule; he then used a power point display to illustrate the growth and development of the new building now slated for completion in September. Complimenting Mr. Barnett and staff, the Mayor turned attention to his April 9, 2002 memorandum outlining the proposed next steps in the library close- out process. He explained that the library project is under budget and recommended that April 15, 2002 - continued 1676 Council appropriate these monies as follows: Library Security System - $125,000; Library Circulation System - $50,000; and Library Capital Reserve - $175,000. The Mayor then acknowledged the outstanding fund raising efforts of the Anacortes Library Foundation. The Mayor further recommended that a $500,000 tax refund be authorized; that Library bond interest earnings shall be committed as described in his April 9`h memorandum; and that the three change orders described in the memo be ratified. After discussion, Mr. Brown moved, seconded by Mr. Sizemore, to approve all the recommendations outlined in the Mayor's April 9, 2002 Memorandum. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Consent Agenda Mr. Carlisle moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Brown, Christiansen, Richardson, 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 April 4, 2002 and April 11, 2002 are approved for payment as of this date, April 15, 2002. Council vote was unanimous. Claims Warrants Apr, 2002: Warrant Numbers 17211 through 17419 in the total amount of $779,541.67 Payroll # 2 March Warrant Numbers 20825 through 20925 in the total amount of $206,330.38 Direct Deposit Numbers 3021 through 3136 in the total amount of $178,576.73 EFT Numbers 54 through 59 in the total amount of $91,917.25 ❑In the same motion Council cancelled claims warrant number 15432 in the amount of $46.90 and claims warrant number 17195 in the amount of $25.00; ❑Council approved the Triangle Taxi Business License application (background investigations complete); ❑and adopted Ordinance # 2588 adopting the Uniform Building Code and Uniform Building Code Standards including modifications to elevator requirements and incorporation of International Codes as alternates to the Uniform Building Code. Public Hearinq Continuances Mayor Maxwell announced that the Public Hearings scheduled for the following items are continued to Monday, May 20, 2002: (1) Petition to Vacate a portion of the alley in Block 11, Tuttle and Buckley Addition; (2) Petition to Vacate a portion of "L" Avenue. Ordinance: Quarterly Budget Amendments Mr. George Khtaian, Finance Director, presented an Ordinance to Council that would amend Ordinance # 2576 adopting the 2002 Budget. Cemetery Forestlands Management, Water, Sewer, Equipment Rental, and General Funds are to be amended to reflect additional revenues and expenditures. Mr. Khtaian provided a detailed description of each Fund activity. Mayor Maxwell complimented the efforts of Mr. Jonn Lunsford, Park and Forestlands Manager to secure grants supplementing the Park Department budget. After discussion, Mr. Brown moved, seconded by Mr. Sizemore to adopt Ordinance No. 2589 entitled "An Ordinance Amending Ordinance No. 2576 Approved and Adopted on November 19, 2001 and Entitled 'An Ordinance Adopting the Budget for all Municipal Purposes and Uses for the Year 2002'." Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Public Hearinq: 2001 Comprehensive Plan and Development Requlation Chanqes Mayor Maxwell opened the Public Hearing to take public comment on the recommended 2001 Comprehensive Plan and Development Regulation amendments. Mr. Ian Munce, Planning Director, introduced the procedure for this annual review. Last year Council initiated a new procedure to first review all proposed amendments and to select those items to be moved forward for Planning Commission consideration and recommendation. Public Hearings were held over three evenings and Commissioners voted to recommend changes contained in the information packet now before Council. No one in the audience wished to testify and the Mayor declared the Public Hearing closed. The Mayor explained that this matter will be moved forward to the April 22nd meeting for Council deliberation and decision on these items. 16 7 7pril 15, 2002 - continued Airport Plannina Committee: Appointments Mr. Ian Munce, Planning Director, explained that the State Legislature and Governor have extended the time frame for Growth Management Act compliance until the end of 2005. He also reviewed the GMA procedure for establishing a Citizens Advisory Committee. In that regard two Saturday Airport Planning Committee meetings were held and interested participants signed a nominations list to form the Committee for a term to end in 2003. Additionally, Council will consider nominations if vacancies occur and will ensure that a variety of interests are represented by the committee. Mr. Carlisle and Mr. Christiansen are the official City representatives; Mrs. Richardson and two Port Commissioners have also asked to be involved. Mr. Munce suggested that Councilmembers and Port Commissioners serve as ex -officio committee members. Mr. Munce also suggested that Council identify a Committee Chair person. Questions followed on the maximum number of committee members and on the Port's role on the committee. Councilmembers elected Mr. Munce as Committee Chair. Discussion followed regarding make up of a balanced committee. Mrs. Richardson reported that Ms. Mary Rytand wished to serve on the committee. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt the April 6, 2002 Airport Planning Committee nomination list with the addition of Brian Wetcher and Mary Rytand. Mrs. Richardson discussed the size of the committee and suggested that the list be finalized at the next meeting to give the public more of an opportunity to participate. The Mayor clarified what the Councilmembers role will be on the committee and confirmed that Council will consider nominations if vacancies occur. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Ordinance: Buildinq and Fire Inspection Requirement Mr. Ian Munce, City Attorney, presented an Ordinance to Council that would add building and fire inspection to City business license requirements. The following sentence is a proposed addition to Anacortes Municipal Code 5.04.040: "Any place of business located within the City of Anacortes shall be subject to an inspection by City and Fire Department Officials prior to issuance or renewal of a business license." Discussion followed regarding the implications of "shall" in the proposed language. Mr. Carlisle suggested changing "shall" to "may". Mr. Brown moved, seconded by Mr. Carlisle, instruct the City Attorney to submit a revised Ordinance for Council review and adoption at the April 22nd meeting. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. Ordinance: Marine Waterways Encroachment Prohibitions Mr. Ian Munce, City Attorney, presented an Ordinance to Council that would amend the Anacortes Municipal Code with the addition of Article VI, "Marine Waterways Encroachment Prohibitions." This Article would provide for an infraction to moor a boat in the navigation channel of Flounder Bay. Mr. Munce answered questions on the scope of "designated representative", and on penalty enforcement. Mrs. Richardson pointed out two typographical errors. Police Chief King fielded questions on vehicle impoundment. With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance No 2590 adding Article VI, Marine Waterways Encroachment Prohibitions to the Anacortes Municipal Code. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Resolution: New Planninq Framework Aqreement Mr. Ian Munce, Planning Director and City Attorney, presented a Resolution and attached draft "2002 Framework Agreement" for Council review and adoption. County and City attorneys have revised the draft now before Council to reflect issues raised in previously held settlement discussions. Mr. Munce further highlighted the vital issues of population allocations, boundary determinations, and tax base allocations. The Draft before Council states that the County will not make any unilateral decisions on any of these key issues. Any decision relative to Anacortes within the coordinated planning, urban services, and countywide planning polices framework will only be made with City Council concurrence. All other issues could be subject to a weighted vote; however, there are appeal safeguards. Mr. Carlisle suggested the addition of "unincorporated" to page 10, first sentence. After discussion Council agreed to review this matter on April 22"d There being no further business, at approximately 9:30 p.m. the Mayor continued the meeting to Monday, April 22, 2002 at 7:30 p.m. 2rgeK aian, City Jerk -Treasurer H. Dean Maxwell, Mayo/ 1678 April 22, 2002 - Continued from April 15, 2002 At 7:30 p.m. Mayor Maxwell called the continued meeting of April 15, 2002 to order. Roll called found present: Bill Carlisle, Nick Petrish, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Approval to Award Contract for Library Circulation Svstem Mayor Maxwell asked for approval to award a contract for the library circulation system. The Mayor explained that the Council had approved a revised library construction budget that authorized this project and that with tax the hardware and software involved with this system slightly exceeded his $30,000 contract authority. After discussion, Mr. Carlisle moved that the agreement presented by the Library Director with Epixtec Corporation be approved for $29,988 plus sales tax (#370567). The motion was seconded by Mr. Rock and passed unanimously. Resolution: New Planninq Framework Agreement The Planning Director then presented the latest draft of a revised planning framework agreement pursuant to the Growth Management Act. Mr. Munce explained that after protracted negotiations between the cities, towns, and county a new framework agreement had been drafted for Council consideration and action. After discussion, Mr. Carlisle moved that the Council pass Resolution #1595 entitled "New Planning Framework Agreement" authorizing the Mayor to sign the new Planning Framework Agreement. The motion was seconded by Mr. Brown and passed unanimously. Ordinance: Buildina and Fire Inspection Requirements The Mayor then presented the Council with a draft ordinance regarding revised building and fire inspection requirements for obtaining a business license. Based on Council direction at their last regular meeting this draft ordinance had been amended to make it clear that failure to permit an inspection or to comply with a valid correction notice will result in a denial of a license to do business within the City of Anacortes. With this clarification, Mr. Brown moved that the Council adopt Ordinance #2591 entitled "An Ordinance Adding a Building and Fire Inspection Requirement to City Business License Requirements". The motion was seconded by Mr. Carlisle and passed unanimously. 2001 Comprehensive Plan and Development Reaulations Chanqes The Council then informally reviewed the 2001 Comprehensive Plan and Development Regulations changes (proposed). The Council moved through the items referred to them by the Planning Commission one by one. The Council then directed the Planning Director to come back with an ordinance that included most of the changes recommended by the Planning Commission. The Council did defer action, and deferred to a possible Council subcommittee, the issue of a street vacation policy. Beyond this, individual Councilmembers made a series of recommendations for inclusion in the draft that will come back to the City Council for formal action. There being no further business, the meeting adjourned at approximately 8:45 p.m. Geor Khtaia Ci Cler-Treasurer H. Dean Maxwell, May i ember 1679 May 6, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, May 6, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Prior to consideration of the minutes Mayor Maxwell welcomed members of Boy Scout Troop 84; he then announced that public testimony for agenda item 5 b will be allowed. Minutes of Previous Meetings For purposes of clarification Mrs. Richardson asked that the phrase, "...as alternates to the Uniform Building Code." be added to the April 15th minutes, 4th consent agenda item. With that modification Mr. Brown moved, seconded by Mr. Petrish, to approve the minutes of April 15, 2002 and April 22, 2002. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearings Mr. Herschel Janz, 1120 King Street, reiterated his position to call for a citywide fireworks ban. He also asked for the installation of a "Dead -End" sign at King Street and remarked on the signs at the corner of Commercial and 12th Street. pMayor/Council Communicationo There were no additional Mayor/Council communications. Consultant Selection Water Tank Location Study Mr. Bob Hyde, Director of Public Works, approached the Mayor and Council with a report on the consultant selection for the Water Storage Tank Location Study. Seven bids were submitted in response to the advertised Request for Proposals (RFP). The City's selection committee independently reviewed and ranked the proposals with Montgomery Watson Harza first and RH2 second. In answer to questions from Council Mr. Hyde explained both the complex and systemic effects of a new water storage system as well as the City's pressing water pressure and health issues. After discussion, Mrs. Richardson moved, seconded by Mr. Christiansen to authorize the Mayor to enter into an agreement with Montgomery Watson Harza for the Water Storage Tank Location Study professional services in an amount not to exceed $45,000. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Hendrix Accessory Building: 2813 Morton Avenue Mrs. Richardson said that although she previously excused herself from participation in this matter her circumstances have changed. She has reviewed the record and would like to participate in the decision process. The Mayor canvassed the audience and no objections were raised. Mr. Ian Munce, Planning Director, briefly summarized the Hendrix Accessory Building matter. Mr. William Hendrix has a small home at 2813 Morton Avenue together with a small accessory structure on a sub -standard City lot. Mr. Hendrix attempted to make sleeping quarter improvements to the accessory structure without benefit of building permits and in violation of the zoning ordinance. While attempting to address enforcement action against Mr. Hendrix the City was made aware of the hardship features brought about by an extended family and small living quarters. In response to Council direction, staff developed and submitted a proposal for an exception personal to the Hendrix family with specific requirements to bring the accessory building up to full city standards; kitchen facilities would not be allowed. Neighbors received copies of the proposal and all supporting documents. The Mayor then opened the matter up for public comment. Mr. Bob Townes, 5601 Pacific Avenue, spoke in opposition to the proposal. He also asked who would occupy the accessory building. Ms. Betsy Loesch, 2811 Morton Avenue, said that some improvements have been made at the Hendrix property but she was still opposed to the proposal. She further asked if the motor home could be parked in the alley. Mr. Terrance M. Froese, Attorney for the Hendrix family, confirmed that Mr. Hendrix is aware of the code requirements and intends to comply; Mr. Froese also felt confident that the motor home could be moved. Mr. Carlisle encouraged Councilmembers to deny the request based on the many neighborhood concerns. Mr. Petrish also spoke against the proposal in light of the neighborhood opposition. Lengthy discussion followed on all aspects of the family living arrangements. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to deny the Hendrix request for limited relief from zoning ordinance restrictions. Mr. Sizemore pointed out that this matter came to Council due to the difficulties the family faced in providing adequate housing for their extended family members. He spoke against the motion pointing out that the accessory structure will comply with building codes. Mr. Rock also added that exceptions have been granted by Council and that improvements to the accessory building could be a neighborhood improvement. Mrs. Richardson suggested other means than excepting the zoning ordinance to ameliorate social and financial needs. Vote: Ayes — Richardson, Carlisle, and Petrish. No — Brown, Christiansen, Rock, and Sizemore. Motion failed. Mr. Sizemore then moved, seconded by Mr. Brown, to approve the request subject to those issues raised during this discussion together with all building code requirements and that these covenants be in force during Mr. Hendrix' ownership of 2813 Morton Avenue. Vote: Ayes — Christiansen, Rock, Sizemore, and Brown. No — Richardson, Carlisle, and Petrish. Motion carried. Ordinance: Comprehensive Plan and Development Regulation Amendments Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. The Ordinance reflects the set of changes to the development regulations voted on by Council. The Public Hearing schedule before both Planning Commission and Council has been completed. With that, Mr. May 6, 2002 - continued Christiansen moved, seconded by Mr. Sizemore, to adopt Ordinance No 2592 entitled "An Ordinance Amending the City Comprehensive Plan and Development Regulations. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Consent Agenda Mr. Carlisle moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Brown, Christiansen, Richardson, 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 April 18, 2002, April 25, 2002, and May 2, 2002 are approved for payment as of this date, May 6, 2002. Council vote was unanimous. Claims Warrants Apr, 2002: Warrant Numbers 17422 through 17657 in the total amount of $670,664.86 Prewritten Claims Apr, 2002: Warrant Numbers 17421 in the total amount of $963.73 Payroll # 1 April Warrant Numbers 20926 through 21016 in the total amount of $104,493.12 Direct Deposit Numbers 3137 through 326 in the total amount of $180,748.42 EFT Numbers 64 through 66 in the total amount of $92,331.33 Payroll # 2 April Warrant Numbers 21017 through 21116 in the total amount of $215,049.52 Direct Deposit Numbers 3277 through 3379 in the total amount of $185,433.42 EFT Numbers 63 and 67 through 69 in the total amount of $94,729.91 Roostertail Racing Dates 2002 Mr. Jonn Lunsford, Parks and Forestlands Manager, presented the annual request from the Whidbey Island Roostertails to race on Heart Lake on two weekends in 2002: September 7th and 8'h and September 28th and 29th. The Forest Advisory Board reviewed the request and recommended approval of the 2002 racing dates. The Board also asked Mr. Lunsford to convey the Board's position that after this year, Heart Lake should no longer be used for the Roostertail races. The Board also asked for assurance that there would be adequate public safety coverage during the Oyster Run weekend. Mr. Carlisle characterized the Roostertail event as a successful community and family activity. With that, Mr. Carlisle moved, seconded by Mr. Petrish to approve the Roostertail 2002 request for the use of Heart Lake. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Street Fair Application: Anacortes Waterfront Festival Mr. Bob Hyde, Director of Public Works, presented a request from the Chamber of Commerce for approval of the Anacortes Waterfront Festival street fair application. The annual event will be held on May 18th and 19th with proposed street closures on 9th Street and "R" Avenue. Staff recommends approval of the applicant's proposed plan. Mr. Sizemore moved, seconded by Mr. Rock, to approve the Anacortes Waterfront Festival Street Fair Application. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Fidalqo Bav Plan: Restoration Element Mr. Ian Munce, Planning Director, presented a request to Council for review and approval of a Battelle Marine Sciences Laboratory Scope of Work Agreement to provide revisions to the Fidalgo Bay Habitat Plan relative to identification of those parts of our marine habitat that have been most impacted by development. Funding will be provided by a State grant for Growth Management Act work. On a question from Mr. Carlisle, Mr. Munce clarified that if approved, the City could begin work in mid-May to be completed in mid-October. With that clarification, Mr. Carlisle moved, seconded by Mr. Sizemore, to authorize a contract with Battelle to provide technical/research services to improve the Fidalgo Bay Habitat Plan. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. At approximately 9:15 Mayor Maxwell announced that the Council would convene in Executive Session to discuss litigation and a possible land purchase. At approximately 9:45 the Council reconvened and without taking any further action them eting was adjourned. r C041 4� G e Khta' n, City CI Treasurer H. Dean Maxwell, Mayor o nc Imember 1681 May 20, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, May 20, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Cynthia Richardson, and Bud Rock. Absent: Terry Christiansen. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetings Mr. Petrish moved, seconded by Mr. Sizemore, that the minutes of May 6, 2002 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearinas No citizens present wished to testify on matters not on the agenda. .oov0000ioioioiovioioioioioiaioioioioi •........•..,,.,,.,, ,Mayor/Council Communicationo .uavioo an.oiooiavoi000.;^ •^'^•^---•^••-oviovodi. Mayor Maxwell then referenced a May 20, 2002 letter from Tim Crosby, District Manager, Waste Management. In the letter Mr. Crosby apologizes to Mayor Maxwell and other Skagit County Mayors for neglecting to include them in the distribution of a Waste Management position paper on the proposed extension to the Interlocal Agreement with Skagit County for solid waste. In that regard, the Mayor suggested that the Skagit County Transfer Station Alternatives Analysis be placed on the May 28, 2002 Study Session agenda. The Mayor then read the following Proclamations: (1) Proclaiming June, 2002 as Hire -a -Veteran month in the City of Anacortes. The Mayor urged all citizens to join in this special observance. (2) Proclaiming May 17, June 21, July 19, August 16, and September 13 as Walk -n -Roll Days in 2002. City of Anacortes residents, visitors and employees are encouraged to participate in these events by bicycling, walking, and busing to work. Update SR20/Casino Intersection Project Mayor Maxwell directed Council attention to the SR20/Casino Intersection project schedule. The Mayor welcomed Mr. Brian Cladoosby, Chairman of the Swinomish Indian Tribal Community (SITC). Mr. Cladoosby shared the difficulty in developing this project what with unexpected delays and failed property negotiations. However, the project is now funded, designed, and engineered. Additionally, the Department of Fish and Wildlife has concurred with the updated Biological Assessment and the intersection improvements can now proceed Mr. Cladoosby thanked the County and City for support during the challenging development process. On a question from Mr. Sizemore, Mr. Marty Loesch, Attorney for the Tribal Community answered that the permitting process should move quickly with constructed slated for this summer. Mr. Carlisle emphasized the well-known safety issues at the SR20/Casino intersection and potential risk during construction. Mr. Cladoosby suggested an aggressive signage campaign. The Mayor then introduced by Todd Harrison, Assistant Area Administrator, Northwest Region, Department of Transportation. Mr. Harrison acknowledged the difficulty of the permitting process, expressed grave concern for the safety issues, and cautioned that this improvement proposal will be considered along with other numerous projects statewide. The Mt. Baker Area Traffic Engineer then recited accident data and traffic counts for this intersection spanning a 4 - year period. Discussion followed regarding the difficulties of accessing the Casino, alternative routes and solutions including total blockage of the intersection at the Casino entrance. Mr. Don Munks, Skagit County Commissioner, suggested reviewing closure of the intersection and acceleration lane and a new signage campaign. Mr. Harrison said his Department would review the suggestions offered against the strict time frame and limited funding resources. Additionally, with the speed limit in that area closing the intersection could provide for particular engineering challenges. The Swinomish Tribal Council, Skagit County Commissioners, and the Department of Transportation will work as a team to develop a plan and then report back to the Council. Mr. Charlie O'Hara, SITC Planner, spoke in support of the efforts of the Tribal Community to get the project moving. Mrs. Lorena Savage shared her experience with the community. Her husband perished in an April 16, 2002 accident at this very intersection and asked for the authorities to consider a speed limit reduction. Mr. Ken Klinger, 9575 Padilla Heights Road, spoke to the heavy traffic volumes at Highway 20 and Padilla Heights Road. Mr. Loren Hoboy, 4102 Kingsway, suggested blocking the intersection. Mr. Carlisle read a letter from Mr. Christiansen urging the completion of improvements to this dangerous intersection. The Mayor thanked all those who participated in this evening's discussion. Settlement of Grimm Dispute Mr. Ian Munce, City Attorney, presented an agreement to Council representing settlement of the property dispute with Don and Carolyn Grimm. In the Agreement the Grimms have agreed to give up any claim to the right-of-way the City purchased and secured from Burlington Northern. There wound be no financial obligation to the City to secure this right-of-way. In exchange the 1682 May 20, 2002 - continued City would allow a utility extension easement over that right-of-way ownership. Mr. Petrish emphasized his personal goal to work for beach access for the public. With that Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Mayor, on behalf of the City to enter into the Settlement Agreement with Don and Carolyn Grimm. Vote: Ayes — Sizemore, Brown, Richardson, Rock, Carlisle, and Petrish. Motion carried. Resolution: Appointment Airport Citizens Advisory Committee Mr. Ian Munce, Planning Director, presented a Resolution to Council for Establishing a Citizens' Advisory Committee for the Anacortes Airport and Surrounding Area. Mr. Rock moved, seconded by Mr. Rock, to adopt Resolution No. 1596. Vote: Ayes — Brown, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Interlocal Agreement with Skaqit County/march Point UGA Mr. Ian Munce, Planning Director, submitted a revised draft of the Interlocal Agreement between the City of Anacortes and Skagit County Regarding the City's March Point Urban Growth Area. Mr. Rock moved, seconded by Mrs. Richardson to adopt the revised language. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Vacation of Portion of 22nd Street — Island Investments — Decision Mr. Ian Munce, Planning Director, introduced a request from Island Development for Council decision on a proposal previously submitted and reviewed in Public Hearing to vacate portions of 22nd Street in the Windward Village plan. The Petition was tabled until a City -approved development plan was put in place. With the Windward Village Preliminary Plat approval granted earlier this year the applicant would now like to proceed with the 22nd Street cul-de-sac and housing development. Mr. Carlisle suggested granting the vacation request only after the 18th street Windward Village Preliminary Plat improvements are completed. Mrs. Richardson spoke to a neighborhood connection including a trail on "C" Avenue. Mr. Brown suggested that the applicant had complied with the Council direction to provide an overall plan. With that, Mr. Sizemore moved, seconded by Mr. Brown to approve the vacation of a portion of 22nd street in the vicinity of Blocks 213 and 214 of the Original Anacortes Addition lying west of "D" Avenue. Mr. Petrish moved to amend the motion to vacate the right-of-way only when the 18th street improvements have been completed. Mr. Carlisle seconded the motion to amend. Vote on the amendment: Ayes — Carlisle, Petrish, and Richardson. No — Rock, Sizemore, and Brown. The amendment failed. Vote on the motion to vacate: Ayes — Sizemore, Brown, Richardson, and Rock. No — Carlisle, Perish. Motion carried. ConsentAgenda Mr. Sizemore moved, seconded by Mrs. Richardson to approve the following Consent Agenda items. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Richardson, 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 May 9, 2002 and May 16, 2002 are approved for payment as of this date, May 20, 2002. Council vote was unanimous. Claims Warrants May, 2002: Warrant Numbers 17569 through 17868 in the total amount of $747,021.10 Prewritten Claims May, 2002: Warrant Number 17658 in the amount of $7,422.46 Pavroll # 1 May Warrant Numbers 21117 through 21207 in the total amount of $100,275.76 Direct Deposit Numbers 3434 through 3570 in the total amount of $183,484.77 EFT Numbers 74 through 76 in the total amount of $92,945.77 Cancellation of Warrant Warrant Number 16199 in the amount of $137.00 In the same motion Council approved the St. Merry's Fest request for a public fireworks display at dusk on Friday, June 21, 2002. Public Hearing: Vacation of Portion of Alley - Bowman Mayor Maxwell announced that the Public Hearing for the Bowman Vacation has been continued to June 3, 2002. Public Hearing: Vacation of Portion of "L" Avenue — Marshall Mayor Maxwell opened the Public Hearing on a Vacation Petition submitted by Mr. John Marshall to vacate the east 30 feet of "L" Avenue adjacent to Lot 11, Block 3, Hagadorn's and Stewarts Addition to Anacortes. Referring to his May 14, 2002 Memorandum, Mr. Dave Lervik, City Engineer, used an overhead display to highlight the property in question including utilities, • May 20, 2002 - continued access, and adjacent developments. Mr. Lervik reviewed the relevant issues should the Council approve the Petition including encroachment on the alley, sanitary sewer easement location, and alley access. For purposes of discussion the Engineering Department submitted an alternative proposal to vacate the east 50 feet of "L" Avenue dedicating a 20 -foot alley between 1314 and 1312 35th Street. The applicant and developer have reviewed this proposal. Negotiations with the adjacent property owner of 1402 35th Street are still ongoing and could affect the outcome of this alternative. Ms. Laura Crumm, 13758 Rosario Road, on behalf of the proposed church across 35th Street asked where the church property could access the sewer line. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Mrs. Richardson spoke in favor of preserving and creating neighborhood connections. Mr. Brown suggested and Council concurred that Engineering staff continue to pursue the alternative proposal and report back in two weeks. Industrial Park Land Sales Mr. Ian Munce, Planning Director, presented two Sales Agreements for Anacortes Urban Renewal Area land sales. Both offers are for the $6.00/square foot. Using an overhead display, Mr. Munce pointed out the properties in question together with other significant features in the Urban Renewal Area. Mr. Brown and Rock both congratulated the Council and staff for the successful development of the Urban Renewal Area. The two proposals now before Council are both from local businesses providing for increased job benefits. Mr. Munce discussed closing dates, the 40 easement agreement, and public access option. With that, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Resolution No. 1597 authorizing a Sales Agreement between the City of Anacortes and William Wooding and Resolution No. 1598 authorizing the execution of a Sales Agreement by and between the City of Anacortes and North Harbor Diesel. Vote: Ayes — Sizemore, Brown, Richardson, Rock, Carlisle, and Petrish. Motion carried. March Point Sewers: Interim Measures/Ordinance Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. The Ordinance provides for residents in the March Point area to pay the hook-up fee, use holding tanks, and take waste to the Anacortes Sewer Treatment Plant as an interim measure to meeting City sewer requirements. To ensure that new developments hook-up to the City's sewer system, the Ordinance now before Council would add a section to the Municipal Code to require that the property owner installs a sewer line along the length of their property's road frontage at a depth established by the City, and provide for a lateral connection to this line from their bathroom facilities. After discussion, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2593 entitled "Amending Title 13 of the Anacortes Municipal Code Relative to Sep6tage and Sewer Services at South March Point." In the motion Mr. Brown further stipulated that the sewer system collection system be built to City standards. Vote: Ayes — Brown, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. At approximately 9:40 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discuss a possible land transaction. At approximately 10:15 p.m. the Council reconvened and without taking any further action the meeting was adjourned. X ty C#rerk-Treasurer H. Dean Maxwell, May9K • • June 3, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, June 3, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Terry Christiansen, Cynthia Richardson 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 May 20, 2002 be approved as if read. Vote: Ayes — Petrish, Sizemore, Richardson, Rock, and Carlisle. Abstain: Christiansen. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. oMayor/Council CommunicationQ �"iP/v/4/O/1._......r......... r,..............,4i .....r,..i.r......OiO/b/D% Mayor Maxwell announced to the Council that the annual Association of Washington Cities meeting will be held on the 19'n 20tH and 21 s' of June in Yakima. The Mayor's office will handle arrangements for anyone interested in attending. Also, on Monday, June 10'h the Council will have the opportunity to submit items to be included in the 2003 Budget. Health Analvtics — EMS Consultant Presentation Fire Chief Richard Curtis introduced Mr. David Lindberg. Mr. Lindberg, a consultant with Health Analytics, explained that the City asked for a cost allocation study on the Fire Department, and for comment on the ESECG Report published for the Skagit County Emergency Medical Services Council. Using a Power Point presentation Mr. Lindberg reviewed the objectives of the study, including allocation for Fire and EMS within the department to see if the allocations were appropriate; allocation for subsidization of the EMS for fire; and impacts of potential reduction of the 2 24-hour unit to a 1 24-hour and 1-12 hour unit. Mr. Lindberg highlighted the key points of the Health Analytics study as the Council has reviewed the study in detail. Mrs. Richardson then asked to discuss W.T. Preston Interpretive Center location. The proposed design shows the building located between the Preston and the Depot on City -owned property. Citing view issues Mrs. Richardson has initiated a dialogue on placing the building in a different location. Discussions have centered around acquisition of a 50' x 100' parcel from the Port to secure a more appropriate location for the building. Mrs. Richardson said that support from City Council, the Museum Advisory Board, and the Port Commissioners is necessary to proceed. Councilmembers spoke in favor of continuing to gather information on an alternative site. Questions followed regarding funding and design process. Montqomery Watson Contract Amendment. Seqments 1 and 2 Mr. Gordon Bruchner, Project Engineer, presented an amendment to the Montgomery Watson Harza Contract with the City of Anacortes for Segments 1 and 2 of the 36 -inch waterline project. The amendment includes inspection, construction contract management, and related services. Mr. Bruchner then summarized the reasons for additional construction management assistance for both Segments. Staff recommends approval of the associated fee increases. With that Mr. Carlisle moved, seconded by Mrs. Richardson to approve the fee increases and task descriptions for amendments to Segments 1 and 2 of the 36 -inch waterline replacement project in the total amount of $74,042. Vote: Ayes — Sizemore, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Diller/Van Buren Easement Request (New 20' Width Proposal) Mr. Ian Munce, Planning Director, introduced a new proposal for access across Anacortes Community Forest Lands for the Diller/Van Buren properties. A wetland specialist from the Department of Ecology (DOE) made a site visit to recommend where a road could be constructed to access the Diller/Van Buren properties with the minimum impact to the high quality wetlands and tress in the forestlands. DOE recommends an alternative route to the two existing proposals, a road alignment located somewhat between the two current proposed roads. Mrs. Richardson talked about construction of a 20' wide road with the associated slopes in this area. The Dillers/Van Burens will review the new proposal. Consider Acceptance of Seqment 3B — 36" Waterline Mr. Gordon Bruchner, Project Engineer, presented a request for Council to accept Segment 3B on the 36" waterline replacement project as complete. This segment was awarded to Tri-State Construction in the amount of $1,051,667.69 including sales tax. Mr. Christiansen moved, seconded by Mr. Rock, to accept the project as complete thereby initiating the mandatory 30 - day lien period. If no liens are filed the retainage now held by the City will be paid to the Contractor. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 16 8 Sune 3, 2002 -- continued Consider Bids for Small Diameter Sewerline Replacement Proiect Mr. Gordon Bruchner, Project Engineer, reported to Council that one bid was received for the Sewer Line Rehabilitation Project for the installation of 2,810 feet of cured -in-place plastic pipe to be installed between manholes at 11 locations. GELCO Services, Inc. submitted the only bid in the amount of $123,373.87, well within the expected range. Staff recommends awarding the project to GELCO. With that, Mr. Sizemore moved, seconded by Mrs. Richardson, to award the Sewerline Replacement Project to GELCO Services, Inc. in the amount of $123,373.87 including sales tax. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. Resolution: Adootina a Citv Position on Solid Waste Disposal Mayor Maxwell introduced a Resolution to Council for review and adoption. Previously discussed in Study Session, the Resolution is entitled "A Resolution Adopting a City Position on Solid Waste Disposal." The City's Position Paper is "Attachment A" to the Resolution. With that, Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Resolution No. 1599. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Christiansen, and Richardson. Motion carried. Decision: "L" Avenue Vacation - Marshall Mayor Maxwell then turned to a Vacation Petition submitted by Mr. John Marshall for the vacation of a portion of "L" Avenue adjacent to his property and north of 35th Street together with the construction of a sanitary sewer extension in an easement between two proposed homes at this site. The Public Hearing on this matter was held but decision was deferred so that City staff could continue to negotiate an alternative that would both eliminate the easement and create a public alley in which the sewer could be constructed in the future, and would locate the future sewer at a lower elevation providing service to a larger area. Mr. Dave Lervik, City Engineer, reported that all affected property owners have been contacted and all support the City's proposal. After discussion, Mrs. Richardson moved, seconded by Mr. Sizemore, to approve the vacation of the east 50 feet of "L" Avenue adjacent to Lot 11, Block 3, Hagadorn's & Stewart's First Addition to Anacortes, to approve the dedication of the 20' alley, and to assess compensation for the net right-of-way vacated. Vote: Ayes — Carlisle, Petrish, Sizemore, Christiansen, Richardson, and Rock. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Petrish, Sizemore, Christiansen, Richardson, 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 May 23, 2002 and May 30, 2002 are approved for payment as of this date, June 3, 2002. Council vote was unanimous. Claims Warrants May, 2002: Warrant Numbers 17870 through 17982 in the total amount of $114,410.18 Prewritten Claims May, 2002: Warrant Number 17869 in the amount of $103,674.17 In the same motion Council adopted Resolution No. 1600 authorizing amendment to water contract with Tesoro Northwest Co.; Resolution No. 1601 authorizing amendment to water contract with Shell Puget Sound Refinery; Resolution No. 1602 authorizing amendment to water contract with the City of Oak Harbor; Resolution No. 1603 authorizing amendment to water contract with the Town of LaConner; Resolution No. 1604 authorizing amendment to water contract with P.U.D. # 1 of Skagit County; and Resolution No. 1605 authorizing amendment to water contract with the Swinomish Tribal Community. Public Hearina: Vacation of Portion of Allev - Bowman Mayor Maxwell announced that at the request of the petitioners the Public Hearing for the Bowman Vacation has been postponed. Public Hearinq: Capital Facilities Plan (CFP) Mayor Maxwell opened the annual Public Hearing for public review and comment on the Capital Facilities Plan (2003-2008). The Mayor explained that, in its 12th year of development, the CFP has proven to be a very useful and helpful tool for long-range planning. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mr. Christiansen asked for more information on those projects identifying the General Fund as the funding source. He also suggested further analysis of item T-130 - 22nd St & R signal project; and T-135 bulb -outs on Commercial Avenue. Mr. Rock complimented the Finance Department staff for the CFP organization and development. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2594 entitled "An Ordinance Adopting the Capital Facilities plan (CFP) for the 6 -year period 2003-2008". Vote: Ayes — Sizemore, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. June 3, 2002 -- continued Closed Record Meetinq — Spinnaker Cove Preliminary Plat Mr. Ian Munce, Planning Director, first explained to Council the process for Preliminary Plat approval. The Planning Commission held public hearings over two evenings with a site visit and testimony. Spinnaker Cove is a 27 -lot subdivision located on 7.09 acres generally located south of Anaco Beach Road. Using an overhead display Mr. Munce highlighted the surrounding residential developments. The intent of this project is to keep a significant buffer along Anaco Beach Road, to provide detention pond development with particular attention to visual impact; and to tree cutting and replanting efforts. The Planning Commission recommends approval subject to 40 conditions. Council discussion followed regarding effects older stormwater systems in the Skyline area, proposed development schedule, avigation easements, and fire flow. The following condition was proposed: "The plat shall be subject to an avigation easement similar to those adopted for Copper Pond and described in detail in the CC&R's". With that addition, Mr. Carlisle moved, seconded by Mr. Rock, to approve the Spinnaker Cove Preliminary Plat application and to adopt the Findings of Fact and Conclusions of Law with 41 conditions. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. March Point Stormwater Chanqes: Effective Date — July 1, 2002 Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. The Ordinance is entitled "An Ordinance Amending the Implementation Date for Monthly Stormwater User Fees in the March 1999 Annexation Area." The Ordinance amends section 13.10.020 of the Anacortes Municipal Code: "No monthly user fee shall be payable under "B" above for the area annexed to the City by Ordinance No. 2475 (effective 3/2/99) until 7/1/2002. With that Mr. Sizemore moved, seconded by Mr. Christiansen to adopt Ordinance No. 2596. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, and Christiansen. Motion carried. Ordinance: Prohibitinq Fireworks Except on Julv 4th Mr. Ian Munce, City Attorney, presented an Ordinance to Council that would further restrict the discharge of fireworks in the following manner: "Section 3. ...in RCW Chapter 70.77, the sale, possession, and use of fireworks on December 27th through December 31St is specifically prohibited pursuant to RCW 70.77.395." After discussion Mr. Carlisle moved, seconded by Mr. Sizemore to adopt Ordinance No. 2595 entitled "An Ordinance Relating to Fire Regulations: Limiting the Sale and Discharge of Common Fireworks, and Declaring Violations to be a Crime, and Repealing Ordinance No. 2438." Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Christiansen, and Richardson. Motion carried. There being no further business, at approximately 9:40 p.m. the Mayor adjourned the meeting. /Ge t an, City Clekk-Treasurer H. bean Maxwell, Ma C/ / uncilmember 1687 June 17, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, June 17, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs - Mr. Christiansen asked that the vote on page 2, "Decision: "L" Avenue Vacation" be corrected to read: "Abstain: Christiansen." With that correction Mr. Sizemore moved, seconded by Mr. Petrish, that the minutes of June 3, 2002 be approved as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Richardson, Rock, and Carlisle. Abstain: Brown. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. �y�IOdOOGIOOLIOpO,VI>000OOOOdO.OPA!! J, yor/Council Communicationo Award Presentation: "Outstanding Wastewater Treatment Plant" Mr. John Franz, Wastewater Treatment Plant Manager, introduced Amy Jankowiak, Municipal Enforcement Specialist and Dave Nunnallee, Unit Supervisor, both with the Department of Ecology. Ms. Jankowiak reviewed the qualifications for receiving the "Outstanding Wastewater Treatment Plant" award. Mr. Nunnallee then presented a letter to Mayor Maxwell stating, in part, "We appreciate the team effort that goes into compliance from the daily operations and maintenance to the engineering and administrative support it takes to successfully comply with all the terms and conditions of your NPDES Permit. It is a great accomplishment to run a wastewater treatment plant in top running order 24 hours a day, 365 days a year. This recognition is highly deserved considering your significant contributions to and responsibility for protecting the health and safety of the public and our local streams, rivers, and Puget Sound." Mr. Nunnallee then presented the letter and award to the Mayor. On behalf of the community Mayor Maxwell thanked the treatment plant personnel for their dedication and professionalism. Mayor's Award of Merit — Gordon Bruchner Mayor Maxwell presented the Mayor's Award of Merit to Gordon Bruchner for his outstanding and diligent performance in the Engineering Department as Special Projects Engineer. Mr. Bruchner's management and engineering expertise saved money for the City while assuring the development of a quality distribution system. Mr. Bruchner has also served as a role model for City staff. The Mayor presented Mr. Bruchner with a plaque and gift certificate. The Mayor, Council, and audience applauded Mr. Gordon's achievements. EMS Letter The Mayor then turned to a draft letter to.the Board of County Commissioners regarding EMS proposals. Mr. Ian Munce, City Attorney, reported on the disappointing proposal from the EMS Council that offers a reduction in the level of service, freezes reimbursement levels, and doubles EMS taxes. Mr. Munce stated that, clearly, this approach is not acceptable. Referencing a June 13, 2002 memorandum from Foster Pepper & Shefelman, entitled, "Validity of Agreement for Medic I Services", Mr. Munce characterized the legality of the current Board/EMS arrangement as questionable. The draft letter before Council urges the Commissioners to address the situation before voters are asked to make a decision on this matter. Mr. Munce said there was still time for the Commissioners to create an agency that would involve the cities in negotiations with the County/EMS Council. Absent that agency the question remains regarding the legality of the current EMS Council structure. Councilmembers discussed the wide range of issues. Mr. Christiansen urged citizens to contact the Commissioners to demand the protection of our ambulance services. After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to approve the preparation and distribution of the June 17, 2002 draft letter from the Mayor to the Skagit County Board of Commissioners regarding EMS proposals. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Mr. Petrish announced that the City has permission to use MJB property in the City Industrial Park for a city fireworks display. Mr. Petrish then asked about City policies/procedures regarding the misuse of Whistle Lake. Mr. Jonn Lunsford, Parks and Forestlands Manager, reported on a recent experience with a large group of young people using the lake for a party site. With cooperation from the Police Department and ACFL staff the situation was managed. Mr. Lunsford is now working on publicizing the appropriate use of the forestlands. Mr. Petrish concluded with an announcement that there will be a Chamber of Commerce site visit at 7:00 a.m. on June 19th for the Chamber's Main Street development group. Approval of Airport Zoninq Workproqram Mr. Ian Munce, Planning Director, first reported on the activity schedule of the airport citizen advisory committee meetings. One of the early steps of the process is to adopt a Workprogram June 17, 2002 — continued to clarify the tasks to be completed by the committee. The Council reviewed the 6 -task scope of work paying particular attention to the 3 interim development controls. After discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the Workprogram for the Citizens Advisory Committee for the Anacortes Airport Zoning with minor editorial changes and with the deletion of item (ii) of INTERIM DEVELOPMENT CONTROLS, page 3. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Mbtioa carried. Chamber Siqn Contract Extension: Resolution Mr. Ian Munce, Planning Director, presented a Resolution to Council for review and adoption. The Resolution is entitled"A Resolution Amending that Portion of Resolution No. 1528, passed and approved December 6, 1999 authorizing Execution of Tourism Promotion Fund Contracts by and between the City of Anacortes and the Chamber of Commerce, Amendment for Time Extension." This Contract amendment will clarify that the work done for an Information Sign Program was completed in 2001 although the contract expiration date was December 31, 2000. Mrs. Richardson moved, seconded by Mr. Carlisle, to adopt Resolution No. 1606. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Q1 Acceptance: 2001 Waterline & Storm Drain Replacement Mr. Bob Hyde, Director of Public Works, presented a request to Council to accept the Small Diameter and Stevenson Road Waterline {project as complete. Originally awarded to Larry Brown Construction in the amount of $264,642.74; however, with Change Orders the final contract value is $323,289.53. The project is now complete and all pressure, compaction, and bacterlogical tests were passing. Staff recommends that the project be accepted as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed the retainage now held by the City will be paid to the contractor. Mr. Christiansen so moved, seconded by M. Rock. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, 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 6, 2002 and June 13, 2002 are approved for payment as of this date, June 17, 2002. Council vote was unanimous. Claims Warrants Juhe, 2002: Warrant Numbers 17986 through 18216 in the total amount of $500,678.37 Prewritten Claims June, 2002: Warrant Number 17983, 17984, 17985 in the amount of $9,358.85 Payroll # 2 for May 31, 2002 Warrant Numbers 21208 through 21310 in the amount of $221,473.37 Direct Deposit Numbers 3571 through 3671 in the amount of $192,583.70 EFT Numbers 73 through 79 in the amount of $101,914.71 Resolution: Petty Cash Funds Codify/Update Mr. George Khtaian, Finance Director, presented a Resole#ion to Council that would codify petty cash Resolutions and would add an additional petty cash fund for the Museum's "W.T. Preston" boat in the amount of $50.00. Council questions followed clarifying specific funds. With that, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Resolution No. 1607 entitled "Resolution Updating and Codifying Petty Cash Funds and Repealing Resolutions No. 1463, 1497, 1502, and 1516." Vote: Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Street Fair Applications Mr. Bob Hyde, Public Works Director, presented two Street Fair Applications: (1) Washington State Goldwing Touring Association Annual Gathering Parade, July 6, 2002, east on 17th street from the High School on "M" to 32nd Street to "R" Avenue and back from 9:30 p.m. to 10:30 p.m. (2) 4th of July Extravaganza, July 4, 2002 from downtown Anacortes, 3rd to 10th Street on Commercial, 10"' Street to Causland Park, 8:00 a.m. to 4:00 p.m. Mr. Brown moved, seconded by Mr. Carlisle to approve both Street Fair Applications as presented. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Resolution: ACFL Trail Maintenance — Grant Proposal to IAC Mr. Jonn Lunsford, Parks and Forestlands Manager, presented a Resolution to Council for review and adoption. If adopted the Resolution would authorize staff to apply to the Interagency 1689 June 17, 2002 — continued Committee for Outdoor Recreation for a trail maintenance and restoration grant. After discussion, Mr. Christiansen moved; seconded by Mr. Rock, to adopt Resolution No. 1608 entitled "FY2003 ACFL/Heart Lake Trail Restoration". Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Ordinance: Update Buildina Codes — 2002 Leaislative Action Mr. Ed Frank, Building Official, presented an Ordinance to Council that would revise Chapter 150.04 of the Municipal Code by adopting the 2002 edition of the Uniform Plumbing Code and the 2001 edition of the Washington State Energy Code. All documents were previously reviewed in Study Session. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2597 adopting the Uniform Building Code, Uniform Building Code Standards, etc. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Resolution: Desianatina the Custom Plvwood Mill Site as Bliahted and Directina a Redevelopment Proiect Mr. Ian Munce, City Attorney, presented a Resolution to Council that would designate the Custom Plywood Mill Site as blighted and suitable for a community renewal project; that a public corporation be established by the City to exercise the City's community renewal powers; and that the appropriate City officials be authorized to carry out this Resolution. Previously reviewed in Study Session, Mr. Munce highlighted the Resolution's key points. After discussion, Mr. Brown moved, seconded by Mr. Petrish, to adopt Resolution No. 1609. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discussion a litigation matter. At approximately 9:30 p.m. the Council reconvened without taking any further action. The Mayor then adjourned the meeting of June 17, 2002. i 6� rge taian, City Cllerk-Treasurer H. Dean Maxwell, Mayo July 1, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, July 1, 2002 to order. Roll call found present: Bill Carlisle, Nick -Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinas Mr. Petrish moved, seconded by Mr. Rock, that the minutes of June 17, 2002 be approved as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearinas Mr. Gail O'Neil, part owner of American Heritage Mini Storage, Summit Park Road, stepped to the podium. Mr. O'Neil said he received notification from the City of a $296.63 monthly stormwater fee assessment to be charged to his business. 'Mr. O'Neil explained that neither he and nor his co-owners were aware of these --fees when they opted to be annexed by the City of Anacortes. They have already, at great expense, complied with County requirements to install a drain system that allows water to leave the property and enter the drainage ditch at the same rate as if there was no impervious surface. He concluded his remarks with strong opposition to this assessment. The Mayor thanked Mr. O'Neil for his comment and said these issues will be addressed by Council and staff during the formal appeal process. The Mayor also emphasized the benefits derived as a result of annexation. yrririririririn:errirrririsr.�iriri�irirrorrrrnerririria, p gMayor/Council Communication Mayor Maxwell then recognized Parks Department summer staff employees Colin Thorne and Justin Fox. While on duty June 24, 2002 at Whistle Lake both young men performed above and beyond their duties to put out a fire at the south. end of the lake. The Mayor presented Certificates of Commendation to Justin and Colin and on behalf of the Council and a grateful community thanked these young men for their heroic efforts. To follow on from this story, the Mayor then appealed to the community to use extreme caution and to pay strict attention to safety with regard to the use of fireworks on the 4th of July holiday. Citations will be issued for the use of illegal fireworks; Class C fireworks are permitted on July 4th only from 9.00 a.m. to 11:00 p.m. A community fireworks display will be held in the Industrial Park area. Mr. Sizemore, Public Safety Committee Chair, emphasized that only individual control of fireworks can prevent a future all-out ban. Resolution: Plvwood Mill Cleanup Action Plan Mr. Ian Munce, Planning Director, introduced a Resolution to Council for review and adoption. The Resolution would authorize acceptance of a $68,000 State Department of Community, Trade and Economic Development grant for the development of a clean-up action plan for the Custom Plywood Mill site. The Resolution would further authorize the Mayor to enter into a subcontract with the consulting firm of URS to provide this work. After discussion, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Resolution No. 1610 entitled "Authorizing Contracts to Develop a Cleanup Action Plan for the Custom Plywood Site". Vote: Ayes - Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Recommendation to Award Curbside Recvclinq Contract Mr. Bob Hyde, Public Works Director, reported to Council that two proposals were received in response to the Public Works -developed Request for Proposals (RFP) for curbside recycling services. One RFP was received from the incumbent contractor, Waste Management and the second from Rabanco, Limited. Using an ovefhead display Mr. Hyde highlighted the essential elements of the proposals. Council received copies of all proposals in their information packet. Staff recommends awarding the contract to Rabanco, Ltd. based on the following proposal: weekly pick-up; choice of 32, 64, or 96 gallon cart; and $142.99 per ton. The Selection Committee reviewed both proposal packages and recommends Rabanco, Ltd. as well. Mr. Christiansen asked if a financial analysis was prepared showing the impact of this proposal on the rate structure. He then distributed copies of the RFP to Council and asked for a more detailed report on the bid system and selection process. Mr. Jeff West, Division General Manager, Rabanco, displayed a wheeled container for the audience to see. Further discussion followed regarding weekly service, number and location of scales, use of glass -only bin, high approval rating for Rabanco customer service, number and base location for trucks, maintenance, toll free number for customer service, collection schedule, customer service response, contract language regarding incentive clause, and Public Works Committee participation. Mr. Christiansen then circulated and discussed his financial analysis of the 1691 July 1, 2002 - continued recycling proposals. After discussion, Mr. Christiansen moved, seconded Mrs. Richardson, to table this item for two weeks in order to review the staff's financial analysis. Vote: Ayes — Brown, Christiansen, Richardson, Rock, and Petrish. No — Carlisle and Sizemore. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes — Christiansen, Richardson, 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 June 20, 2002 and June 27, 2002 are approved for payment as of this date, July 1, 2002. Council vote was unanimous. Claims Warrants June, 2002: Warrant Numbers 18220 through 18391 in the total amount of $878,588,72 Prewritten Claims June, 2002: Warrant Number 18217, 18218, 18219 in the amount of $52,950.39 Payroll # 1 for June 14, 2002 Warrant Numbers 21313 through 21403 in the total amount of $101,883.10 Direct Deposit Numbers 3725 through 3862 in the amount of $187,755.52 EFT Numbers 80 through 85 in the amount of $95,404.18 Resolution: Tideland Sale to North Harbor Diesel Mr. Ian Munce, Planning Director, presented a Resolution to Council that would authorize the Mayor to enter into an Option to Purchase Real Estate Agreement between the City of Anacortes and North Harbor diesel for tideland property in the City of Anacortes Industrial Park. Using an overhead drawing, Mr. Munce identified the property and surrounding development and the 40' easement along the south side of the property reserved for tideland access. He further characterized the option details and square foot value. Mrs. Richardson asked if the option could be attached to the property if sold. After discussion, Mr. Sizemore moved, seconded by Mr. Brown, to adopt Resolution No. 1611 entitled "A Resolution Authorizing a Sales Agreement by and between the City of Anacortes and North Harbor Diesel." Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Street Fair Applications Mr. Bob Hyde, Public Works Director, presented two Street Fair Applications: (1) Shipwreck Day, July 20, 2002, 8:00 a.m. to 4:00 p.m., Commercial Avenue, 1" Street to 4th Street; 3rd Street from "Q" Avenue to "O" Avenue, and Commercial Avenue from 4th Street to 11th Street together with specific parking restrictions; (2) Anacortes Arts Festival, August 20, 2002 through Sunday, August 4, 2002, 10:00 a.m. to 6:00 p.m. each day of the event in downtown Anacortes. Police Chief King reported to Council on the positive performance of last year's 3 -day festival. Truck routes will be protected on Friday. With that, Mr. Carlisle moved, seconded by Mr. Petrish to approve the Street Fair Applications as presented. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. At approximately 9:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session to discussion a litigation matter. At approximately 9:30 p.m. the Council reconvened without taking any further action. The Mayor then adjourned the meeting of July 1, 2002. --4. W -4e,, 34YVW 4KWaian', Cit Clerk -Treasurer H. Dean Maxwell, Mayor L51"Inbilmerriber 1692 July 15, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, July 15, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetings Mr. Petrish moved, seconded by Mr. Rock, that the minutes of July 1, 2002 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearings Mr. Richard Grill, 1110 Dakota Avenue, asked to share comments on his proposal to revise the height restrictions in the LM zone. Mr. Grill asked to testify during the Public Hearing on this matter, agenda item 7 e, 2002 Planning Workprogram. There were no further comments from the audience on matters not on the agenda. r is v a riaiairry � traiaiaiaia a.a barvra d �rv� a alta, ?Magor/Council Communicationo .Y[� rdi �rrunvd..noitsi��vi ri�rriciioi�siti<ritr�oiti✓. Mayor Maxwell then turned to a draft City/Port letter. Mr. Ian Munce, Planning Director, summarized the efforts made by both the Port and City to agree on a temporary location of the Airport fence inside the panhandle area. Putting aside the contentiousness of last year's litigation on this matter, the Port and City Liaison committee proposed that if they could agree on a temporary fence location that gesture, together with encouragement from our congressional delegation, could positively influence the FAA to reconsider its position on this matter. A letter reflecting this proposal was drafted by the Port, signed by 4 of its 5 Commissioners, and referred to the Council. However, as Mr. Munce pointed out, in a recent article the Skagit Valley Herald reported that the Port Commissioners understood that if the Council declined to sign this letter the Council would acquiesce to whatever decision the FAA ultimately made. Mr. Munce clarified that there was no such understanding with City staff nor had the Council indicated that there were pre -conditions to signing this letter. As a member of the Port Liaison Committee, Mr. Carlisle emphasized that no such commitments were made at the committee level on behalf of the City Council. Mayor Maxwell underscored the attempts by the City to work with the Port to use a common sense approach regarding the fence location and preservation of the trees. He confirmed that there were no preconditions attached to the letter. Mr. Munce proposed that the Mayor and Council write to the Port requesting that a new letter be prepared, without any preconditions, for signature. The Mayor then introduced a request to extend an Option to Purchase. Mr. Ian Munce, Planning Director, addressed this item. Joseph and Jennifer Andrews are party to a Lease with the City for approximately 11,000 square feet adjacent to their building in the City of Anacortes Industrial Park. The Lease provides for an Option to Purchase the property prior to July 31, 2002 with any lease payments made prior to purchase to be credited to the sale price. The Andrews are requesting that this date be extended to July 31, 2004 with the monthly rent no longer applying to the balance. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to approve Lease Amendment # 1 to the Lease between the City of Anacortes and Joseph and Jennifer Andrews. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Mr. Christiansen announced that at the end of this meeting he is relinquishing his responsibilities as Mayor Pro -Tem. Having fulfilled those responsibilities for over seven years, Mr. Christiansen nominated Mr. Sizemore to carry on those duties. Mr. Brown seconded the nomination. Citing her extensive public service background Mr. Carlisle then nominated Mrs. Richardson. Mr. Rock seconded the nomination. Ballots were forwarded to Mr. Munce for tabulation. Mr. Munce then announced that Mr. Sizemore is the new Mayor Pro -Tem. Resolution: Curbside Recvcling Contract Mayor Maxwell introduced this item to Council and to the audience. Two weeks ago the Council tabled this matter to further study staff's financial analysis of both curbside recycling services proposals. The proposals, submitted by the current contractor Waste Management Northwest and by Rabanco, Limited, were reviewed by the RFP Selection Committee, references were checked, and a recommendation was made to Council to award the contract to Rabanco, Limited. Using an overhead display, Mr. Bob Hyde, Public Works Director, again summarized the essential elements of both proposals including lowest price per ton, most flexibility in containers, and the best references. Mr. George Khtaian, Finance Director, addressed the financial analysis of the proposals and summarized that awarding the bid to Rabanco would not require a rate increase. Mr. Sizemore, on behalf of the Council's Public Works Committee, questioned the RFP process, suggested both bids were too high, and recommended that the bid 1 V 3uly 15, 2002 -- continued package be re -designed by Council in Study Session. Mr. Sizemore then moved to deny both proposals, to review and re -design the RFP, and to submit new proposal to both bidders. Referencing the City's right to reject any or all bid proposals, Mr. Christiansen seconded the motion. Mrs. Richardson and Mr. Carlisle supported the motion. Mr. Petrish spoke against the motion suggesting that Council honor the low bid process. Mayor Maxwell read from the City of Anacortes Purchasing Asset Disposal Policies (PADP) clarifying that the recycling RFP process met the PADP goals and guidelines. He then recited RCW 39.04.270 which (1) supports the use of an alternate RFP process when competitive bidding is otherwise required, and (2) clarifies that the award should be made to the qualified bidder whose proposal is the most advantageous to the City. Mr. Hyde pointed out that the existing contract with Waste Management Northwest expires September 30th and that there is insufficient time to prepare the sealed bid process prior to that date. Mr. Hyde also emphasized that the RFP process, in a rapidly changing industry, can garner the best combination of price and innovation. Mr. Hyde cautioned against bid shopping. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Sizemore, and Brown. No — Petrish. Motion carried. Councilmembers suggested that this matter could quickly be resolved at a Study Session and recommended continuing this Council meeting to July 22nd to redesign the bid package. Ordinance: Establishinq the Anacortes Public Development Authoritv Mr. Ian Munce, City Attorney, presented an Ordinance and associated documents previously reviewed by Council in Study Session. As part of a community renewal project the City Council has designated the Anacortes Plywood Mill site as "blighted". Mr. Munce explained that because of this designation the City received a $68,000 grant to identify a clean-up action plan for the Anacortes Plywood Mill site. As part of the administrative grant process the City shall, by Ordinance, develop a Public Development Authority consisting of a 5 -member board. The Board shall adopt its own by-laws and charter. Based on the Council's substantial review of this matter, Mr. Christensen moved, seconded by Mr. Brown, to adopt Ordinance No. 2598 creating the Anacortes Public Development Authority and Charter. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Appointments Mayor Maxwell recommended the following Public Development Authority Board of Directors to include the Mayor and: Ken Brown, Terry Christiansen, (Council members designated by the Council); and Erica Pickett and Duncan Frazier (citizen members proposed by the Mayor and approved by the Council). Mr. Christiansen moved, seconded by Mr. Rock, to approve the PDA Board of Directors composition. Mrs. Richardson suggested that public notice of these Board vacancies would allow for a wider response from potential candidates. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, and Rock. No: — Carlisle and Richardson. Motion carried. Accept as Complete: Pump Station # 16 Modification Proiect Mr. Bob Hyde, Director of Public Works, identified the Pump Station # 16 Modification project as complete. Originally planned for the installation of a standby, stationary generator at the Anaco Beach Road pump station, the project was changed to encompass a portable trailer mounted generator. The final cost of the contract with Larry Brown Construction was $98.709.22. With that, Mr. Sizemore moved, seconded by Mrs. Richardson to accept the Pump Station # 16 Modification Project as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed retainage now held by the City will be released to the contractor. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Proiect Approval: WWTP Screw Pump # 1 Coatinq Mr. Bob Hyde, Director of Public Works, reported that HRICWA, Inc., Snohomish, completed the task of coating Wastewater Treatment Plant screw pump # 2 with a glass impregnated epoxy compound. Completed in 2001, Mr. Hyde characterized the project as fraught with difficulties but completed by HRICWA with outstanding results. The proposal now before Council is for the coating of WWTP Screw Pump # 1 with a quote from HRICWA to complete the project in the amount of $23,572. Mr. Christiansen moved, seconded by Mr. Sizemore, to award the sole source contract to re -coat screw pump # 1 to HRICWA. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Resolution: Dual Insurance Incentive Mayor Maxwell presented a Resolution to Council for review and adoption. Previously reviewed in Study Session the Resolution would authorize a dual medical insurance incentive agreement between the City of Anacortes and the City of Anacortes' non-union employees. If implemented this program could provide a cost savings in regard to the health and welfare benefits programs offered to employees. The program will be implemented on a year's trial basis at which time the City will review offering the program to the City's three bargaining units. Mrs. Richardson moved, seconded by Mr. Sizemore, to adopt Resolution No. 1612 authorizing the dual medical insurance incentive agreement. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. July 15, 2002 -- continued 1694 Consent Agenda Mr. Sizemore moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Richardson, 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 June 27, 2002 and July 11, 2002 are approved for payment as of this date, July 15, 2002. Council vote was unanimous. Claims Warrants July, 2002: Warrant Numbers 18392 through 18571 in the total amount of $934,169.88 Payroll # 2 for June 28, 2002 Warrant Numbers 21404 through 21506 in the total amount of $216,492.03 Direct Deposit Numbers 3863 through 4019 in the total amount of $189,585.47 EFT Numbers 83 to 88 in the amount of $96,615.16 In the same motion Council also approved the Eagles Annual BBQ Street Fair Application for August 16th -18`h at 901 — 7th Street; and Accepted the recommendation of the Anacortes Police Chief to approve the Eric M. Andersen Taxi License application. Award Air Conditioninq for new Computer and Telecommunications Room Mr. Gary Robinson, Parks and Recreation Director, presented bid results for the Computer Room and Telecommunications Room Air Conditioning project. Bids were solicited with the Rampart Mechanical as the low bidder in the amount of $8,132.43. To move this project forward Mr. Carlisle suggested that City staff contact both bidders to determine which company could install the improvements first. Should the high bidder win the race Mr. Carlisle would pay the difference between bids. Mrs. Richardson seconded the motion. Vote: Ayes — Richardson, Carlisle, and Petrish. No: — Rock, Sizemore, Brown, and Christiansen. Motion failed. Mr. Rock then moved, seconded by Mr. Sizemore, to award the Air Conditioning project bid to the low bidder, Rampart Mechanical in the amount of $8,132.43. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. Supplemental Tourism Grant: Tall Ships Mr. Garry Cline, Museum Director, reported to the Mayor and Council that in August of this year, 20 Tall Ships will travel from Canada to Seattle with an Anacortes stop for some of the vessels. The Port of Anacortes has offered moorage for the event. A Tall Ships Committee was formed and in appreciation would like to host a catered luncheon for the crewmembers of the visiting vessels. The request before Council is for a grant in the amount of $4,700 from the Heritage Tourism Marketing funds to be used specifically for this event. The grant would be managed by the Museum Director but again, would be used for the Tall Ships event only. Mr. Cline displayed photos of the vessels and described the associated activities that will be available for the citizens to enjoy and to fully appreciate during this outstanding activity. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to approve the $4,700 grant, from the General Fund, for the August Tall Ships event. On a question from Mr. Sizemore, the City Attorney, Mr. Ian Munce, explained that the Tourism Fund was originally set up by Council to entertain mid -year events as well as the annual dispensations; The Tall Ships Committee has been working at a great pace to make this opportunity available to the community; money is now available in the Tourism Fund, and proceeds from activities can be returned to the Tourism Fund. Councilmembers chose to focus discussion on this one issue. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Public Hearinq: Six -Year Transportation Improvement Plan, 2003-08 Mayor Maxwell opened the Public Hearing to consider the City of Anacortes Six -Year Transportation Improvement Plan (TIP), 2003-08. Mr. Bob Hyde, Public Works Director, explained that the City is required to adopt a TIP annually to be included in the statewide TIP as a means of providing a planning document for the funding and construction of transportation projects. Mr. Hyde then reviewed each of the improvement projects. Mr. Hyde pointed out that the project program has been aligned with the CFP. He then answered general questions from Council on project detail including clarifying the scope for Priority # 10, Oakes Avenue/121h Street Improvements and for Priority # 12, 30`h Street Improvements. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mr. Petrish asked for a Public Works review of the Food Pavilion entrance off of "Q" Avenue. With that, Mr. Rock moved, seconded by Mrs. Richardson to adopt Resolution No. 1613 entitled "Adopting a Comprehensive Six -Year Transportation Improvement Plan". Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. 16 9 5July 15, 2002 -- continued Closed Record Meetina: Cedar Glen Phase II Preliminary Plat and Conditional Use These proceedings are on tape and filed at City Hall. Mayor Maxwell initiated the Closed Record Meeting for the Cedar Glen Phase II Preliminary Plat and Conditional Use applications. The Council will hear two appeals as part of this proceeding. Mr. Ian Munce, Planning Director, initiated the review as follows: The Planning Commission met in Public Hearing over two evenings with a site visit, heard testimony, and forwarded all exhibits, reports, and drawings to the Council. Using an overhead display, Mr. Munce highlighted the project characteristics: the entrance from Cedar Glen Phase I, adjacent regional detention facilities, 36 units on 10 acres, no requested deviation from City standards, meandering Kingsway connection, 24' wide street — "no parking", wetland area extending to the north, and small seasonal drainage channel that meanders through the site. Mr. Munce also clarified the City's responsibility for future development, including wetland mitigation, of Kingsway. The Planning Commission recommended approval of both permit applications subject to 45 conditions. Mr. Ross O. Barnes, 13695 Harbor Lane, presented the first appeal. He summarized his objections as follows: the project is not consistent with City Ordinances, and the ACFL buffer for Lots 7 and 8 is insufficient. Mr. Barnes discussed the City's Larger Parcel Stormwater requirements with regard to preservation of natural drainage systems. Mr. Tom Glade, representing Evergreen Islands, asked for an increase to the proposed ACFL buffer and presented general information regarding other development projects. He also suggested that the project be returned to the Planning Commission to address the project's impact to natural areas. Mr. Brian Wetcher, 814 26th St., representing Evergreen Islands suggested that the project was deficient in native growth protection buffers. Mr. Dale Herrigstad, project engineer, described the drainage channel in detail, and reported that the seasonal channel has not changed in shape or use over the last 30 years. He reviewed the enhancement and landscaping proposals, reported on the requirement to leave the manmade ponds in a natural state, and reviewed water treatment. Mr. Bill Ross, 4005 West 33`d St., applicant, has lived on the property for almost 30 years and characterized the drainage channel as a 6" — 12" wide ditch in what has been for 30 years and more, pastureland. Mr. Munce then answered questions from Council on the detention ponds, the Kingsway connection, and proposal for existing trees. Mr. Herrigstad clarified the water quality pond treatment process and satisfied Council concerns on runoff issues. Mrs. Richardson discussed wetland composition and regulation and Council discussed forestland buffer issues. After discussion Mr. Brown moved, seconded by Mr. Carlisle to deny both appeals and to adopt the Findings of Fact and Conclusions of Law for the Cedar Glen Phase II Preliminary Plat and Conditional Use permit subject to 45 conditions. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Carlisle, and Petrish. No — Rock. Motion carried. Public Hearina: 2002 Plannina Workproaram The proceedings are on tape and filed at City Hall Mayor Maxwell opened the Public Hearing to consider which items to refer to the Planning Commission for further public hearings, review, and recommendations for the proposed 2002 Comprehensive Plan and 'Development Regulations revisions. Mr. Ian Munce, Planning Director, outlined this pre-screening process for the selection of those items. The Planning Commission will review those items at a Public Hearing scheduled for September 25, 2002. Council heard public testimony, the Public Hearing was closed, and Council referred the following items to the Planning Commission: Fidalgo Bay Restoration Plan Update; Light Manufacturing Height Change from 50' to 35'; Shoreline Master Plan Height Restrictions/over 35% Conditional Use Permits: Authority to Deny; Allowing Roof Overhangs of 18" into setbacks; changing side yard setbacks from 5' and 10' to 8' and 8' feet; allowing accessory structures to exceed 16% allowing residential fences to exceed 2' 6" and 4' 6"; dropping the minimum lot width; reclassifying certain necessary structures as part of the primary structure; increasing allowable lot coverages; rezoning property between "R" and "T" and 22nd and 28th Streets from Industrial to Commercial; deleting heavy rail standards from the Tommy Thompson Parkway design parameters; revisions to the Commercial Marine Zone in Skyline: 25' height limitation, adding view corridors, and parking requirements; sign code clarifications in the LM1 and HM districts; revisions to the off-street parking landscaping requirements; parking requirements clarifications. There bein no further busin ss, t meeting was adjourned at approximately 11:30 p.m. G� Khtaia/, City Clerk- r asu r H. Dean Maxwell, Mayo 4Councilmember July 22, 2002 Continued from July 15, 2002 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Terry Christiansen, Bud Rock, Cynthia Richardson, Ken Brown, Nick Petrish, and Bill Carlisle Desian Bid Packaae: Curbside Recvclina Contract Mayor Maxwell noted that the City had received a letter from Rabanco, one of the two firms submitting a curbside recycling proposal, protesting Mr. Sizemore's participation on this matter. The Mayor informed the Council that he would be writing to Mr. Sizemore asking for a written response. Under these circumstances the Council agreed to delay action on curbside recycling until their next meeting, August 5, 2002. This action was taken on a motion by Mr. Christiansen, seconded by Mr. Carlisle. Vote: Ayes — Sizemore, Christiansen, Rock, Richardson, Brown, and Carlisle. No — Petrish. After discussion, Mayor Pro -Tem Sizemore appointed Mr. Petrish and Mr. Brown to the Public Works Committee and Mr. Rock to the Finance Committee. This action was ratified by a motion made by Mr. Sizemore, seconded by Ms. Richardson, and passed unanimously. There being no further business, the continued meeting adjourned at approximately 8:00 p.m. ae-,6�- ity clerk -Treasurer H. can Maxwell, ayor `Z`ouncilmember 1696 1697 August 5, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, August 5, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson and Bud Rock. Roll call was followed by the Pledge of Allegiance. The Mayor announced that this meeting will be continued to Monday, August 12_2002 for the purpose of awarding bids for the City's street overlay projects. Minutes of Previous Meetinqs Mr. Petrish pointed out an error in the last paragraph, page 5, "rezoning property between "R" and :P "T" and 22nd and..." With that correction Mr. Sizemore moved, seconded by Mr. Rock, that the minutes of July 15, 2002 and July 22, 2002 be approved as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearings Mrs. Beverly A. Benedict, 2414 16th St., asked the Council to pay particular attention so that the Anacortes Improvement Board process cannot be used to target individuals for reasons other than those covered by the Board's responsibilities. Mrs. Benedict elaborated that the Council could be faced with Appearance of Fairness and Conflict of Interest issues. She also asked the Council to review the City's sidewalk replacement policy. Mr. Bart Evans, 1710 28th Street, had words of praise for both the Anacortes Arts Festival and the July 4th Extravaganza. Mr. Evans suggested that press coverage accentuate the positive aspects of these popular events. He also asked for a public vote on the use of fireworks. r/ v v .7/oivroioiaLm..........4.a.... i�iorvoivrammivaiv oMayor/Council Communication Mayor Maxwell then introduced Mr. Doyle Geer, President of the Anacortes Sister City Organization (ASCO). Mr. Geer introduced three ASCO members, David Rapella, Jo Fuqua, and Don Lapworth, who worked tirelessly behind the scenes to organize the Lomonosov delegation visit. Mr. Don Lapworth then introduced Mrs. Marina Akhromova, President of Kalinka, Mrs. Galina Bogomolova, supervisor of the youth division of Kalinka, and members of the Soloveyko Folk Group, Nikolay, Irina, Ivan, and Vladimir Kazakov. The Kazakov family performed at the Anacortes Arts Festival and at Brodniak Hall as part of the ASCO international cultural exchange program. Through an interpreter, Mrs. Akhromova expressed her deep appreciation for the overwhelming kindness and support shown to the Kalinka members from the citizens of Anacortes. Mrs. Akhromova presented the Mayor and Council with gifts from Lomonosov and the Mayor in turn presented Mrs. Akhromova with a City of Anacortes Centennial coin. Mr. Lapworth concluded with appreciation to the Mayor and Council for their support of this and other ASCO activities to promote peace and good will. Mayor Maxwell then read a Proclamation entitled "Walk Across Washington". The Mayor designated October 3rd as Walk Across Washington Day in the City of Anacortes and proclaimed that the Walk Across Washington program is taking important steps towards creating healthy communities. The Mayor alerted the Council and audience to a Skagit County Commissioners meeting agenda for the morning of August 6th, The agenda includes a Resolution authorizing that a petition to be filed on behalf of Skagit County to amend the Washington State Department of Ecology's WAC Chapter 173-503, Instream Resource Protection Program, Lower and Upper Skagit Water Resources Inventory Area. The Mayor explained that if adopted this action would arbitrarily amend the Water Rights Memorandum Agreement that provides water surety and certainty for 35,000 residents and over 800 businesses and would clearly jeopardize existing and established water rights. The Mayor will press for a postponement to this action so that all participants could meet to resolve issues together as defined in the Coordinated Water System Supply Plan. Mrs. Richardson displayed a photograph showing a recent brush fire in front of her Cap Sante home. She expressed great appreciation for the Anacortes Fire Department and strongly urged all citizens to exercise extreme caution during this dangerously dry season. Conservation Easement Proqram Acreaqe: Final Approval Mr. Jonn Lunsford, Forestlands Manager, presented a request to Council for 25 acres of land to be protected through the Conservation Easement Program. Council previously reviewed information packets on these five 5 -acre groves. If approved this would bring the total number of acres conserved to 470. With that, Mr. Rock moved, seconded by Mr. Petrish, to approve the conservation of 25 acres of land as described in a July 30, 2002 Parks Department memorandum to Council. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. The Mayor commended Mr. Lunsford for his management of this valuable program. • August 5, 2002 -- continued Library Movinq Contract Mr. Doug Everhart, Library Director, presented quotes from two businesses regarding the move to the new Library from the current Library location at City Hall. The low bid was received from Swan's Moving & Storage Co., in the amount of $7,015 not to exceed 10% of estimate. With that, Mr. Brown moved, seconded by Mr. Sizemore, to award the bid to Swan's Moving Storage, Inc. Mr. Everhart confirmed that Swan's agreed to adjust the work dates outlined in the bid as the move date has been postponed. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Curbside Recvclinq Contract With regard to the ongoing efforts to provide recycling services for the community, Mayor Maxwell outlined the steps taken to date to secure a new contract to provide those services. With respect to that goal the Mayor turned to an August 5, 2002 letter from one of the proposed contractors, Rabanco. The purpose of the letter is to "...touch more directly on the fairness and integrity of the process and the Council's contemplation of seeking new pricing." The letter also states, "Given this set of circumstances, we believe the only course of action that upholds the integrity of the process is to select a vendor based upon the original proposals. We believe that any other course of action may place the city in an untenable position." Mr. Sizemore, who has been asked by Rabanco to recuse himself from this process, reviewed recent newspaper articles on the recycling situation. Mr. Sizemore then confirmed that he will not step down from review and decision on this matter; he then detailed the scope of his trucking firm's operations. On a question from Mr. Sizemore, the City Attorney, Mr. Ian Munce, clarified that the Appearance of Fairness Doctrine applies to land use/property rights issues; under that definition the Doctrine does not apply to the recycling contract situation. Mr. Munce then addressed the Rabanco assertion that Mr. Sizemore has a Conflict of Interest, an assertion that has been denied by Mr. Sizemore. Mr. Sizemore emphasized the need for Council to discuss the overall recycling package in. a Study Session environment. As part of the discussion, Mr. Rock emphasized the need for a competitive bid process; Mr. Petrish underscored that he is prepared to vote on the proposals already received by the City and recommended that Council vote now to avoid a potential lawsuit. With that, Mr. Sizemore moved to place this matter on the August 12, 2002 Study Session agenda. Mrs. Richardson cautioned against jeopardizing the City's established bid process. Vote: Ayes — Christiansen, Rock, Sizemore, and Brown. No — Richardson, Carlisle, and Petrish. Motion carried. Ordinance: Stormwater Fees at March Point Mr. Ian Munce, Planning Director, presented an Ordinance to Council that addresses the annexation at March Point and the applicability of long established in -City City stormwater charges to that annexed area. Council, in Study Session, reviewed the possibility of a reduced rate at March Point to more clearly reflect the short and medium term maintenance work that will be required in this area. The proposal is to set the rates for the annexed area at 20% of in -City rates for operation expenses and capital contributions for new projects. The Director of Public Works received one letter of comment on this issue supporting the new rate approach but still wanting to discuss details specific to their property. The Ordinance would provide a basic rate structure but property owners can further review fees with the Director of Public Works. After discussion, Mr. Brown moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2599 entitled, "An Ordinance Amending the Rate Structure and Implementation Date for Monthly Stormwater user Fees in the March 1999 Annexation Area." Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Accept as complete: W.T. Preston Sternwheeler Rebuild — Berentson Construction Mayor Maxwell presented a request from the Museum Department to accept the W.T. Preston Sternwheel Rebuilding project as complete. Awarded to Berentson construction in July of 2001 the project was completed in April of 2002. Mr. Christiansen moved, seconded by Mr. Brown, to accept the W.T. Preston Sternwheel Rebuilding project as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage now held by the City will be returned to the contractor. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. Update: Airport Fence Letter to FAA Mayor Maxwell reported that the City Council and Port of Anacortes executed a July 25, 2002 letter to the Regional Administrator of the Seattle Airports District Office of the FAA. The letter defines the cooperative approach taken by both the City and Port to resolve the Airport Land Clearing Permit/perimeter fence at the Airport. The outstanding issue in this matter is the installation of a temporary fence along the western edge of the "panhandle area". The Port's 1994 Airport Master Plan identifies this area as a "buffer" for the life of the Plan. The letter asks for the FAA's consideration of this revised fencing location. 1699 August 5, 2002 -- continued Consent Aaenda Mr. Petrish moved, seconded by Mrs. Richardson to approve the following Consent Agenda item. Vote: Ayes - Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, 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 July 18, July 25, and August 1, 2002 for payment as of this date, August 5, 2002. Council vote was unanimous. Claims Warrants July, 2002: Warrant Numbers 18573 through 18825 in the total amount of $470,634.48 Prewritten Claims Aug, 2002 Warrant Number 18572 in the amount of $101,772.37 Pavroll # 1 for July 15. 2002 Warrant Numbers 21507 through 21602 in the total amount of $129.207.66 Direct Deposit Numbers 4020 through 4159 in the total amount of $194,374.80 EFT Numbers 89 to 91 in the total amount of $172,711.60 Pavroll # 2 for Julv 31. 2002 Warrant Numbers 21603 through 21709 in the total amount of $215,433.74 Direct Deposit Numbers 4160 through 4264 in the total amount of $195,525.29 EFT Numbers 92 through 95 in the total amount of $100,788.11 Ordinance: Weaverlina RV Resort Waterline Condemnation Action Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review and adoption. According to the Ordinance the City is supplying the Weaverling Spit RV Resort with water from a line that runs through an easement over the Larry McNary property. Through his attorneys, Mr. McNary has raised the issue whether the line is in the correct location and whether it's properly covered by an easement. The City's proposal to the RV Park owners is to condemn private property so that the City's waterline is in a legal easement, to pay fair market value for the easement, and to receive reimbursement of the City's costs from First American Title Company. This is the appropriate action recommended by staff. Mr. Sizemore disclosed a prior legal relationship with Mr. McNary's attorney. Mr. Ron Wolff, Attorney for Mr. McNary, thanked the Mayor and Council for the opportunity to address this issue on behalf of his client. He reviewed his client's perspective on how this situation came about. After discussion, Mr. Sizemore moved, seconded by Mrs. Richardson, to adopt Ordinance No. 2600 providing for the condemnation, appropriation, taking and damaging of land and other property rights necessary within the northeast corner of Section 31, Township 35, Range 02, Skagit County, Washington. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. 3706 Commercial Avenue: Lien Release Mr. Ian Munce, City Attorney, presented a request to Council from the property owners at 3706 Commercial Avenue. The owners are asking the City to release the lien against 3706 Commercial Avenue for enforcement action taken against the former owner of this property for yard clean up and attorney's fees. The subsequent buyers purchased the project at auction, subject to any and all liens, and proceeded to renovate and re -rent the property. A sidewalk on the two frontage streets has been installed as part of the renovation project. The owners are asking that the lien be released in exchange for this improvement to public facilities. On a question from Mr. Petrish, Mr. Munce clarified that one of the current owners, Mr. Tim Walters served on the Community Improvement Board when the action was taken to clean up the property; this was an action taken separate and apart from the foreclosure action taken against the former owner. Councilmembers discussed that the sidewalk improvements enhanced the value of the property. With that, Mrs. Richardson moved, seconded by Mr. Christiansen, to deny the request to release the $1,487.44 lien against 3706 Commercial Avenue. Vote: Ayes - Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. There being no further business, at 9:30 p.m. the Mayor continued the meeting to Monday, August 12, 2002 to review and award street overlay bids. ,Ge a Khta' n, C' y erk-Treasurer H. Dean Maxwell, Mayr r) - 9�- 2 Councilmember August 12, 2002 Continued from August 5, 2002 Mayor Dean Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Bill Carlisle, Ken Brown, Ray Sizemore, Terry Christiansen, Nick Petrish, and Bud Rock. Absent: Cynthia Richardson Mr. Bob Hyde, City Public Works Director, presented a memorandum dated August 8, 2002 summarizing the four bids received for the 2002 Street Overlay Project. Mr. Hyde recommended that the project be awarded to the low bidder, Island Construction, in the amount of $406,218.20. Mr. Hyde noted that the budgeted funds available totaled $367,600.00 and that he would adjust the project to fit within this authorized level. After discussion, Mr. Carlisle moved that the 2002 Street Overlay Project be awarded to Island Construction in the amount of $460,218.20. The motion was seconded by Mr. Sizemore. Vote: Ayes — Carlisle, Brown, Sizemore, Christiansen, and Petrish. Abstain: Rock. The motion carried. The continued meeting adjourned at approximately 7:15 p.m. O :aian, City Clerk -Treasurer VI WV4.e� H. Dean Maxwell, MAyor Councilmember 1700 1701 August 19, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, August 19, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, and Bud Rock. Absent: Cynthia Richardson. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mayor Maxwell pointed out that on page 1, minutes of August 5, 2002, Citizen Hearinqs, "Barbara" should read "Beverly". With that correction Mr. Christiansen moved, seconded by Mr. Brown, to approve the minutes of August 5, 2002 and of August 12, 2002. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Rock, and Carlisle. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. oMayor/Council Communication°'o, p p pV LIOL/O.d00000lJO!!OFl, 000lJOlJd lJ0lJ. Mayor Maxwell shared an August 19, 2002 letter from Mr. Rob Gronewold, Tesoro Petroleum Companies. Having recently transferred from Anacortes to the Tesoro's Auburn office Mr. Gronewold expressed his appreciation for having had the opportunity to live in such a forward - thinking City. He particularly appreciated the positive governance and wide range of amenities and services provided for the citizens of Anacortes. Mr. Christiansen noted the distribution of an August 12, 2002 letter from the Skagit County Commissioners to area representatives. Mr. Ian Munce, Planning Director, explained that the County is proposing the dedication of a staff member or elected official from each City to become a member of the quarterly Skagit River Flood Feasibility Study Executive Committee. The Study is aimed to find a viable flood control solution for the County. The Commissioners further propose the provision of $100,000 of funding annually beginning in 2003 and continuing for a 3 -year period to help fund this study effort. The Mayor reported that the matter will be scheduled for Study Session review. Ordinance: Stormwater General Facilities Charqes at March Point Mr. Ian Munce, Planning Director, presented an Ordinance to the Mayor and Council for review and adoption. Over a series of meetings Council reviewed a proposed amendment to the City's Stormwater Facilities Operating and Capital costs for the annexation area to be set at 20% of the standard City General Facilities Charge (GFC). Mr. Carlisle moved, seconded by Mr. Sizemore, to adopt Ordinance No 2601 amending the General Facilities Charge in the March 1999 Annexation Area. Vote: Ayes - Sizemore, Brown, Christiansen, Rock, Carlisle, and Petrish. Motion carried. Curbside Recvclinq: Next Steps Mayor Maxwell announced that it would be appropriate to wait to take action on this item until Mrs. Richardson returns on the 26`h of August. Mr. Rock asked to further review price per customer options. He also suggested that Council and staff meet to create a new recycling RFP and that the current contract be extended to allow for this development. Mr. Sizemore agreed. With that the matter was held over until the August 26, 2002 Study Session. Consent Aqenda Mr. Rock moved, seconded by Mr. Sizemore to approve the following Consent Agenda item. Vote: Ayes - Brown, Christiansen, 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 August 8, 2002 and August 15, 2002 for payment as of this date, August 19, 2002. Council vote was unanimous. Claims Warrants Aug, 2002: Warrant Numbers 18828 through 19026 in the total amount of $335,473.81 Prewritten Claims Aug, 2002 Warrant Numbers 18826, 18827 in the total amount of $8,350.05 Ordinance: 2002 Budqet Amendments Mr. George Khtaian, Finance Director, presented an Ordinance to Council for review and adoption. Mr. Khtaian explained that the Ordinance amends the 2002 Budget in the following funds: General Fund (001); Street Maintenance Fund (104); Arterial Street Construction Fund (105); and Community Development Fund (180). Mr. Khtaian answered detailed questions from Council including School District contribution to the "M" Avenue traffic signal. After discussion 1702 August 19, 2002 -- continued Mr. Christiansen moved, seconded by Mr. Brown, to adopt Ordinance No. 2602 amending the Budget for all municipal purposes and uses for the year 2002. Vote: Ayes - Christiansen, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. 2003 Tourism Proiects: Committee Appointments Mayor Maxwell asked for Council volunteers to serve on the Selection Committee for the Tourism Promotion project funding awards. Mr. Christiansen encouraged community participation in this project assistance program. The applications are due to City legal staff by September 13`h and will then be reviewed by Council committee on September 20, 2002. Mr. Carlisle, Mr. Petrish, and Mr. Christiansen will serve on the 2002 Committee. At approximately 8:00 p.m. Mayor Maxwell announced that the Council would convene in Executive Session for an update on IAFF 1537 Contract Negotiations and for discussion of a possible land transaction. At approximately 8:30 p.m. the Council reconvened without taking any further action. The Mayor then continued the meeting to Monday, August 26, 2002 to discuss curbside recycling: next steps. GV -e Kh ian, City Clerk -Treasurer H. Dean Maxwell, Mayor Councilmember August 26, 2002 -- Continued from August 19, 2002 Mayor Dean Maxwell called the continued meeting to order at 7:30 p.m. to consider the next steps relative to curbside recycling. Roll call found present: Councilmembers Nick Petrish, Bill Carlisle, Ray Sizemore, Ken Brown, Cynthia Richardson, and Bud Rock. Absent: Terry Christiansen. Mr. Rock proposed that the Council establish a new committee, that this committee develop an RFP addendum letter in a bid format that would go to the two companies that submitted proposals, and that this letter would go from the committee to the City Council for action. The motion was seconded by Mr. Sizemore. After discussion on the motion roll call was called. Vote: Ayes - Sizemore, Brown, and Rock. No - Carlisle, Petrish, and Richardson. There being a tie vote the Mayor voted no. The motion failed. Mr. Petrish then moved that the City Council accept the original proposal from Rabanco. The motion was seconded by Mr. Carlisle. After discussion the roll call was as follows: Vote: Ayes - Petrish, Brown, Richardson, and Carlisle. No - Sizemore and Rock. The motion carried. The meeting adjourned at approximately 8:00 p.m. Gege Kht 'an, City Crerk-Treasurer H. Dean Maxwell, Mayor Councilmember 1703 September 3, 2002 At 7:30 p.m. Mayor Pro -tem Sizemore called the regularly scheduled evening meeting of Tuesday, September 3, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Petrish moved, seconded by Mr. Brown to approve the minutes of August 19, 2002 and August 26, 2002 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Mr. Christiansen abstained from the vote on the minutes of the 26th and Mrs. Richardson abstained from the vote on the minutes of the 19tH Citizen Hearinqs No one present wished to testify on matters not on the agenda. V pOLYlJCO00.l1C%lJCOd.00.0'O.O,O.OUd LOLlpOd cMayor/Council Communicationo Mr. Sizemore announced that City of Anacortes employees are sponsoring a city-wide memorial ceremony to commemorate the events of September 11, 2001. Everyone is invited to gather at Causland Park on the 11th at noon. PSE Billinq Contract Mr. George Khtaian, Finance Director, presented Council with an Agreement between the City of Anacortes and Puget Sound Energy (PSE) for review and approval. Mr. Khtaian highlighted that this agreement is for billing and collection of utility bills; meter reading functions are addressed in a separate contract agreement. Mr. Khtaian then catalogued the benefits derived from the PSE Customer Care Services program. Mrs. Richardson suggested clarification of the following sentence on pages 4 and 5: "The City will be responsible for the payment of any amounts charged by any billing vendor other than PSE to provide support for the Bill Printing and Mailing Services of the Customer Care Services". The City Attorney, Mr. Ian Munce, pointed out that Section 7., Subcontracting, page 8, addresses the delegation or subcontracting of performance of the Customer Care Services; the sentence on pages 4 and 5 can be deleted. With that amendment, Mr. Carlisle moved, seconded by Mr. Petrish, to authorize the Mayor to enter into an Agreement with PSE for the utility billing Customer Care Service. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Planning Department Update This item is on tape and filed at City Hall Mr. Ian Munce, Planning Director, conducted an informal review with Council on current Planning issues — mostly relating to recent City/County collaborative process and direction. (1) Water riahts; Mr. Munce reported that progress is being made as a result of the new conciliatory process. The County's consultant together with the PUD will develop a scope of work regarding exempt wells, agricultural use and other work program items. Agencies are working cooperatively on water supply issues; (2) South Fidalgo Sub Area Plan. Large, higher density projects are not moving forward on South Fidalgo until the Sub Area Plan is done. Funding is an issue; land owners, environmental groups, neighbors, and the PUD will participate in the process to complete the Plan. (3) Emeraencv Management Services. Recent restructuring finds the County Commissioners, after public hearing, will be making EMS budget decisions. Mr. Munce asked for Council's direction on the make-up of an advisory body to the County on these EMS issues. Most Councilmembers suggested that the current Emergency Management Council fulfill that advisory role rather a proposed 9 -member commission of undetermined composition. (4) County and cities of a certain population have to form metropolitan planning organization (MPO); there is no funding for this extra administrative layer; the MPO's must be formed to retain funding already received. (5) Public Development Authority progresses. The Board has met, adopted by-laws to receive funding to clean-up plywood mill site; meeting will be held with Ecology to accept the Board's proposal; (6) Grimm property settlement - on terms authorized by Council. $41,000 now in the Park Fund as a result of the settlement; (7) Growth Manaqement Act requires sharing of state population allocation; Council encouraged the use of lowest Anacortes population forecast figures presented by the Office of Financial Management. ConsentAgenda Mr. Rock moved, seconded by Mr. Petrish to approve the following Consent Agenda item. Vote: Ayes — Brown, Christiansen, Richardson, 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 August 22, 2002 and August 29, 2002 for payment as of this date, September 3, 2002. Council vote was unanimous. 1704 September 3, 2002 — continued Claims Warrants Aug, 2002: Warrant Numbers 19027 through 19181 in the total amount of $662,295.04 Pavroll # 1 August in the amount of $390.094.68 Warrant Numbers 21710 through 21806 in the total amount of $102,711.29 Direct Deposit Numbers 4320 through 4461 in the total amount of $190,616.67 EFT Numbers 96 through 98 in the total amount of $96,766.72 In the same action Council cancelled Claims Warrant # 18983 in the amount of $13.82 and Claims Warrant # 18942 in the amount of $19.59 Library Furniture Mr. Doug Everhart, Library Director, presented a request to Council to solicit bids for the new library furniture. Mr. Everhart reported that in early September the Friends of the Anacortes Public Library will deliver $200,000 to the City as agreed. Part of the money will be used to purchase furniture for the new library. Mr. Everhart attached furniture specifications and drawings to his September 3, 2002 memorandum to Council. After discussion, Mr. Carlisle moved, seconded by Mr. Brown to approve the request to obtain bids for the items specified in the 9/3 memorandum. Vote: Ayes - Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Street Fair Applications Mr. Bob Hyde, Public Works Director, presented the following Street Fair applications for Council review and approval: (1) Peace Walk, September 11, 2002, 7:45 p.m. — 9:00 p.m., 2802 Commercial; (2) Anacortes Orphan Car Show, September 14, 2002, 8:00 a.m. — 8:00 p.m., R Avenue, 91h to Depot; (3) Anacortes High School Homecoming Parade, October 4, 2002, 3:00 p.m. — 4:00 p.m., downtown Anacortes; (4) Antique Steam & Gas Engine Day, September 24, 2002, 8:00 a.m. to 6:00 p.m., 10th Street; (5) Oyster Run Street Fair, September 29, 2002, 6:30 a.m. to 7:00 p.m., downtown Anacortes. Mr. Carlisle moved, seconded by Mr. Petrish, to approve the Street Fair applications as presented. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Executive Session At approximately 8:45 p.m. Mayor pro -tem Sizemore announced that the City Council would convene in Executive Session for approximately 30 minutes to discuss a possible land transaction. At 9:15 p.m. the Council reconvened and without taking any further action continued to the meeting to Monday, September 9, 2002, 5:30 p.m. at Weaverling Spit RV Park for a meeting with the Samish Indian Nation Council. (2'6� ;!�' -� Geor htai�4, City Clerk -Treasurer t -X/ V"' /' I H. Dean Maxwell, Mayor 1705 September 16, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of September 16, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetings Mr. Sizemore moved, seconded by Mr. Rock to approve the minutes of September 3, 2002 as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearinqs On a question from a member of the audience the City Attorney, Mr. Ian Munce explained that he will brief the Mayor and Council on the T. Bailey project (Clearing and Grading Permit/Decision on Appeal Process: Status), agenda item 5. a. Thus far no public hearings have been scheduled on this matter; accordingly at this juncture the format for the report will be confined to Council discussion. In the future this matter may be scheduled for a public meeting. Mayor/Council Communication Mayor Maxwell asked to reschedule the 2002 Tourism Promotion Fund Committee Meeting to Wednesday, September 25, 2002 at noon. Council committee members are Mr. Petrish, Mr. Carlisle, and Mr. Christiansen. Sadly, Mr. Carlisle reported that another fatal accident had occurred at the intersection of SR 20 and Padilla Heights Road. Mr. Carlisle has been working with the Washington State Department of Transportation (WSDOT) to bring about improvements to this dangerous intersection. WSDOT will be mobilizing a contractor to install detour signs and to ultimately to block off the intersection. In the meantime Mr. Carlisle urged drivers to use the left turn at Reservation Road as access to the casino. Mayor Maxwell expressed appreciation for Mr. Carlisle's stewardship of this situation. Mr. Sizemore reported on the recent hearing before the County Commissioners regarding outstanding EMS issues. The matter at hand is the proposed membership structure of the EMS Council. The City of Anacortes Council recommended to the County to retain the representation reflected in the existing Emergency Management Council. Further discussion on this matter has been scheduled for September 24'h. Mr. Sizemore urged any interested citizens to attend this meeting to support appropriate representation and level of service for our area. T. Bailev: Clearinq and Grading Permit/Decision on Appeal Process: Status Report Mr. Ian Munce, Planning Director and City Attorney, explained that the T. Bailey site is at the old Concrete Nor'west gravel pit at March Point adjacent to a heronry; the heronry is located primarily on property owned by the Skagit Land Trust. T. Bailey proposes to expand their enterprise at this site under the auspices of a lease/option agreement with the Port of Anacortes. The Port held a public hearing on this matte? to highlight all potential issues of the T. Bailey expansion project. The Port then issued a Mitigated Declaration of Nonsignificance. Many environmental concerns were raised and as a result the City has been asked to participate; the City does not have discretion in this matter and functions as the permitting agency for Clearing and Grading and building permits only. Two appeals were filed against the Clearing and Grading permit, one from the Skagit Land Trust, and the other from Evergreen Islands, Thousands Friends of Washington, and Friends of Skagit. T. Bailey has proposed that the appeals are not timely and that they should be allowed to continue work. The appeals have been scheduled before the Board of Adjustment on October 10`h. This will not be a public hearing and all attorneys will testify to resolve procedural questions. The City's insurance carrier is advising on this matter. Any appeals to the Board of Adjustment decisions will be referred to Superior Court. Discussion followed regarding procedural matters. Mr. Sizemore suggested that the involved parties consider a dialogue together about all the issues. The Mayor offered to facilitate such a meeting should the leadership involved seek out a satisfactory conclusion to this complex issue. Both the T. Bailey enterprise and the heronry are important aspects of this community. Councilmembers encouraged such a meeting to take place. Consultant Aqreement: Water Tank Location Studv Mr. Gordon Bruchner, Project Engineer, presented a request to Council for acceptance of a Professional Services Contract for the Water Tank Location Study. Montgomery Watson Harza was selected to provide the professional services for this project and the modified scope of services is now before Council for approval. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into an agreement with Montgomery Watson Harza in the amount of $44,958 for professional services for the Water Tank Location Study. Vote: Ayes - Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Consent Aqenda Mrs. Richardson moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes - Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 1706 September 16, 2002 -- continued Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 5, 2002 and September 12, 2002 for payment as of this date, September 16, 2002. Council vote was unanimous. Claims Warrants Sep, 2002: Warrant Numbers 19185 through 19350 in the total amount of $2,520,929.67 Prewritten Claims Sep, 2002 Warrant Numbers 19182 through 19184 in the total amount of $9,589.68 Pavroll # 2 August in the amount of $496.976.82 Warrant Numbers 21807 through 21906 in the total amount of $209,215.66 Direct Deposit Numbers 4462 through 4566 in the total amount of $190,989.50 EFT Numbers 99 through 102 in the total amount of $96,771.66 Resolution: Personnel Policies Mrs. Emily Schuh, Human Resources Director, presented the Personnel Policies for the City of Anacortes to Council for review and approval. Mrs. Schuh explained that the policies had been through an extensive review with full employee involvement. The Policies now before council will reflect the significant changes to employment law that have occurred over the last decade. After discussion, Mrs. Richardson moved, seconded by Mr. Carlisle, to adopt Resolution No. 1614 entitled "A Resolution Regarding Personnel Policies and Benefits for City of Anacortes Employees." Vote: Ayes - Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. The Mayor and Council complimented Mrs. Schuh on a job well done. Proposal: Randv Click: West 5th Street Mr. Gary Robinson, Director of Public Works, presented a proposal to Council made by Mr. Randy Click to transfer ownership of property owned by the City of Anacortes in block 1109, Northern Pacific Addition to the City of Anacortes. This matter has been previously reviewed by Council in Executive Session. Using an overhead display Mr. Robinson highlighted the lots proposed for transfer: The City will transfer 130' of P58211 in exchange for 120' of P58212; Mr. Click agreed to make frontage improvements (as outlined in his Sept4ember 9, 2002 memorandum) along West 5th Street; the remaining 20' of P58211 is for sale in the amount of $10,000. Mr. Robinson assured the Council that that the corner lot will be an appropriate site for a small neighborhood park. After discussion, Mr. Brown moved, seconded by Mr. Carlisle, to approve the property exchange. Vote: Ayes - Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Executive Session At approximately 8:45 p.m. the Mayor and Council convened in Executive Session to discuss the Framework Agreement with Skagit County. At approximately 9:45 p.m. the Council reconvened and without taking any further action adjourned the meeting of September 16, 2002. A/41 eorgean, City Clerk -Treasurer H. Dean Maxwell, Mayor 1 �/ /// It e , a / aaA Councilmember 1707 October 7, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of October 7, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Mayor Maxwell announced that this evening's meeting will be continued to Monday, October 14, 2002 in order to conduct the following business: "L" Avenue Vacation: Ordinance; Economic Development Grant for March Point: Water and Sewer; and Windward Phase II Landscaping Plan. The Mayor then thanked members of Boy Scout Troop # 84 for attending this meeting as part of their civics lesson. Minutes of Previous Meetings Mr. Sizemore moved, seconded by Mr. Rock to approve the minutes of September 16, 2002 as if read. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearings No members of the audience wished to testify on matters not on the agenda. Mayor/Council Communication Mrs. Richardson reported that she will be unable to attend the continued Council Meeting of October 141n The Mayor then explained that Mr. Brown will be unable to attend the Port/City liaison meeting on October 8`n. Mrs. Richardson will attend in his stead. To a hearty round of applause Mr. Brown announced that the Municipal Team of golfers (Mayor Maxwell, Ken Brown, Ian Munce, and Bill Jackson) won the recent Rotary Golf Tournament. Mr. Brown proudly displayed the trophy that will be held by the team over the coming year. Mr. Sizemore reported on the recent hearing before the County Commissioners regarding outstanding EMS issues. The matter at hand is the proposed membership structure of the EMS Council. The City of Anacortes Council recommended to the County to retain the representation reflected in the existing Emergency Management Council. The Commissioners are considering this proposal as well as other Council representative scenarios. Tourism Promotion Fund. 2002 Proiects Mr. Ian Munce, City Attorney, reviewed the Tourism Fund proposal selection process. The Council Committee met to review all applications and to recommend the organizations and funding amounts to Council for approval. The list for proposal year 2003 was circulated to Council for review prior to this evening's meeting. With that, Mr. Carlisle moved, seconded by Mr. Petrish to adopt the Council Selection Committee's recommendations for Tourism Promotion Fund awards for 2003: Anacortes Baseball Club, $1,000; Anacortes Museum, Advertisement for Heritage Tourism, $5,634; Chamber of Commerce, Visitor Information Center and Tourism Promotion, $40,000; City of Anacortes, Causland Park, $6,000; Depot Arts Center, Farmers Market Advertisement, $2,500; Fidalgo Island Quilt Guild, $1,500; John Curtis, Fireworks Display, $5,500; San Juan Challenge, Advertisement of Race/Competition, $2,000; Sister Cities Association, Town Crier Expenses, $2,500/ Taiko Drummers $1,200; Skagit Valley Tulip Festival, Festival Brochure, $500; Women of Today, 4th of July, $1,675. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Chanqe Order # 1 — Segment One (flatland) 36" Waterline Mr. Bob Hyde, Director of Public Works, briefed the Council and audience on the 36 -inch waterline project status. Segment One of this project is the flat land construction between the Farmhouse Restaurant and Swinomish Channel. Known for having high ground water, this two mile area of construction will require more than the 4,000 feet required detwatering before the pipeline can be installed. The Change Order now before Council addresses an additional 3,400 additional feet. The Change Order also includes a 21 - day time extension required due to delays in pipe manufacture and delivery. After discussion, Mr. Christiansen moved, seconded by Mr. Brown, to accept Change Order # 1 on the Segment One Waterline Contract with Robinson Construction Group. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Consent Agenda Mrs. Richardson moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes - Christiansen, Richardson, 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 September 19, 2002, September 26, 2002 and October 3, 2002 for payment as of this date, October 7, 2002. Council vote was unanimous. Claims Warrants Sep/Oct 2002 Warrant Numbers 19352 through 19593 in the total amount of $701,071.77 Prewritten Claims Oct, 2002 Warrant Number 19351 in the total amount of $100,918.99 1708 October 7, 2002 -- continued Pavroll # 1 September 13 in the amount of $392,939.31 Warrant Numbers 21907 through 21990 in the amount of $100,046.72 Direct Deposit Numbers 4622 through 4762 in the amount of $195,003.84 EFT Numbers 103 through 105 in the amount of $97,888.75 Pavroll # 2 September 30 in the amount of $491,407.92 Warrant Numbers 21991 through 22086 in the amount of $203,420.82 Direct Deposit Numbers 4763 through 4920 in the amount of $192,905.887 EFT Numbers 106 through 108 in the amount of $95,081.23 Public Hearinq: 2003 Budqet Mayor Maxwell opened the Public Hearing to take comments on the proposed City of Anacortes Budget for 2003. Department Heads were available to answer any questions from the audience. There were no comments and the Mayor declared the Public Hearing closed. Mr. George Khtaian, Finance Director, asked the Council to accept the 1% property tax general levy increase for the 2003 budget. This action will be followed in November with a Resolution adopting the property tax increase and with an Ordinance adopting the 2003 budget. Mr. Brown moved, seconded by Mr. Sizemore, to adopt the 1 % property tax increase. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Anacortes Improvement Board Nomination Mayor Maxwell announced that Mr. James F. Torrence resigned as the Anacortes Improvement Board (AIB) Ward 3 representative effective September 1, 2002. Mr. Torrance has moved and will now reside outside the city limits. Mr. Carlisle nominated Mr. David W. Staton for the 3`d Ward position now available on the AIB. After a brief review of Mr. Staton's qualifications Mr. Sizemore moved, seconded by Mr. Carlisle, to approve the nomination of Mr. David W. Staton to the AIB. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. A vacancy also exists for the Ward # 1 representative; any interested applicants should notify Mr. Petrish. W.T. Preston Interpretive Center Relocation Before discussion on this matter Mayor Maxwell thanked the Port of Anacortes Commissioners and the Port Director, Mr. Dan Stahl, for the 5,000 square feet transferred from Port ownership to the City of Anacortes to allow for an improved W.T Preston Interpretive Center location. Mr. Garry Cline, Museum Director, introduced an Interlocal Agreement between the City and the Port that would authorize the relocation. Mr. Cline also recognized that Mrs. Richardson has been instrumental in acquiring this additional footage. Mr. Petrish asked about access for loading and unloading at the east side of the building. After discussion, Mrs. Richardson moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into an Interlocal Agreement with the Port of Anacortes to formalize the transfer of approximately 5,000 square feet of Port owned property to the City. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Recommendation to Award On -Call Civil Engineering Consulting Contracts Mr. Bob Hyde, Director of Public Works, presented an alternative procedure for consultant contracting known as the "On -Call Consulting Agreement". This procedure selects one or more consulting firms to provide engineering services on an open-ended basis for a specific period of time. Mr. Hyde also reviewed the proposed fee negotiation process and discussed the "roster' process versus the efficient "on-call consulting" process. The City issued a Request for Proposals (RFP) in March and 24 firms responded. Mr. Hyde then summarized the criteria used by the Selection Committee. The Committee recommends Gray and Osborn, CH2M Hill, and Leonard Boudinot, and Skodje as the most qualified. Staff recommends approval. With that, Mr. Carlisle moved, seconded by Mr. Petrish, to authorize the Mayor to enter into agreements with Gray and Osborn, Ch2M-Hill, and Leonard, Boudinot, and Skodje to provide On-call Consulting Services. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Contract Approval: Furniture — Library Mr. Doug Everhart, Library Director, presented a request to Council for accept the low bid for the new Library furniture items. Barclay Dean submitted the low bid in the amount of $47,159.32. Copies of the proposal and bid bond were previously distributed to Council for review. With that, Mr. Carlisle moved, seconded by Mr. Brown, to accept the library furniture contract with Barclay Dean upon approval of funding by the Anacortes Library Board. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Mayor Maxwell reported on the Library carpeting situation. Mr. Christiansen asked for questions from Troop # 84. Mr. Jimmy Casey asked the Mayor about the moisture problem with the concrete floor/carpeting at the new Library. At approximately 8:20 p.m. the Mayor continued the meeting to Monday, October 14, 2002. G e Kht - n, City Clerl�-TreasurePbe axwell, Mayor / l ' Councilme 1709 Continued Meeting of October 7, 2002 -- October 14, 2002 Mayor Maxwell opened the continued City Council meeting at 7:30 p.m. Roll call found present: Nick Petrish, Bill Carlisle, Ray Sizemore, Ken Brown, and Terry Christiansen. Absent: Cynthia Richardson and Bud Rock. Ordinance -- Street Vacation — Portion of "L" Avenue The City Attorney, Mr. Ian Munce, presented an ordinance vacating the east 50 feet of "L" Avenue adjacent to Lot 11, Block 3, Hagadorn and Stewart's first addition to the City of Anacortes together with the dedication of an alley along the east 20 feet of Lot 13, Block 3, Hagadorn and Stewart's addition to the City of Anacortes. In addition to this action, the property owner involved will pay the City $14,880.00 for the full value of the net right-of-way vacated. After discussion, Mr. Petrish moved that Ordinance No. 2603, entitled "An Ordinance Vacating that Portion of "L" Avenue, Hagadorn's and Stewart's First Addition, Map of the City of Anacortes" be adopted. The motion was seconded by Mr. Brown and passed unanimously. Interlocal Aqreements: — Sewer and Water Extensions on South March Point Road The City Attorney then presented Interlocal Agreements between the City and the Port of Anacortes, and between the City and Skagit County for improvements for the South March Point infrastructure improvements. These Agreements authorize the funding that will permit the City to extend water and sewer lines to the Port of Anacortes' property at South March Point and the adjacent Snow Mountain Mills property. After discussion, Mr. Sizemore moved that these Interlocal Agreements be approved. The motion was seconded by Mr. Petrish, and passed unanimously. Windward Village Landscaoinq Plan Approval The Planning Director, Mr. Ian Munce, presented the landscaping plan for Winward Village. Mr. Munce described the previous approvals that had been given to this project and recommended approval to the City Council subject to the final design details being approved by the City Parks and Recreation Director. After discussion, Mr. Brown moved that the landscaping plan be approved subject to the condition that final details be approved by the Parks and Recreation Director. The motion was seconded by Mr. Sizemore, and passed unanimously. Mr. Sizemore expressed concern that a recent new story had stated that some Councilmembers were opposed to the Westport project. Mr. Sizemore stated his intent to go on record that he was not one of those Councilmembers and that he had supported the project. There being no further business, the meeting adjourned at approximately 8:15 p.m. Geor ht -a City Cldrk-Treasurer H. Dean Maxwell, Mayor Councilmember 1710 October 21, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, October 21, 2002 to order. Roll call found present: Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Bill Carlisle. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Petrish moved, seconded by Mr. Brown to approve the minutes of October 7, 2002 and October 14, 2002. There was a correction to the format on page 1 of the minutes of the 7th Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Mr. Christiansen abstained from the vote on the minutes of the 7`n and Mr. Rock abstained from the vote on the minutes of the 141n. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. 2:flMayor/Council Communication, ..:...:......:,J.J.J.�.i....�..........uiuiJ/!.�/LJ/OY4/. These items are on tape and filed at City Hall. Mayor Maxwell announced that Mrs. Lynn Barber, Human Resources Generalist with the City's Human Resources Department, is the recipient of the Mayor's Award of Merit. Mrs. Barber, a tremendous asset to the City, recently implemented the Wellness Program and Health Benefits Fair for employees and their families. The Mayor then presented Mrs. Barber with a gift certificate and explained that her name would be added to a commemorative plaque located in the Council Chambers. The Mayor then turned to a Proclamation proclaiming the week of October 21, 2002 as United Nations Week and the ensuing year, the year of peace and good health for all humankind. The local United Nations Association will hold a commemorative meeting on October 24'n (United Nations Day) at the Keystone Center for the Arts, 7 1 and Commercial, 7:30 p.m. The Mayor's next communication was from Mr. Brian Hurst, Business and Community Director for the Cascades Job Corps Center. Mr. Hurst offered participation in the Center's "Friday Make a Difference" program for the Anacortes community. Job Corps participants will come here to work as needed at City library, parks, and community center. The Mayor thanked the Job Corps for its positive contributions. Mr. Brown asked to reiterate that he was in favor of locating the Westport yacht manufacturing facility in Anacortes. Referencing remarks recently made by Mr. Carlisle to the contrary, Mr. Brown assured the community that he felt that Westport would have been a great asset to this area. Mr. Sizemore supported Mr. Brown's comments saying that they reflected his own remarks on this subject. Mr. Christiansen clarified that a street vacation, surplusing and decision to sell city -owned property, and approval/denial of a height variance would have been the issues for Council decision; he would have supported approval of these requests. Mrs. Richardson referencing her comments at the Port's hearing on this project, suggested that the Port conduct a thorough job of analyzing the possibilities at the proposed site before making a decision. She further explained that while the Westport project looked favorable she preferred to make a decision after all hearings were concluded. Mr. Petrish discussed his conversations regarding the location of the Westport project on MJB property. He then gave a detailed report of his actions. Discussion followed with Mr. Steve Mansfield, former City Attorney. He explained that Appearance of Fairness Doctrine does not apply to the sale of land or to the street vacation; however, the height variance would be a public hearing and quasi-judicial activity of the Council. In that case the Appearance of Fairness Doctrine would apply. In that event, Mr. Mansfield offered that an attorney would discourage any expressions of commitment prior to a public hearing. Mr. Sizemore then drew attention to the successful local program, the Anacortes Boys and Girls Club; he also highlighted the Mayor's fundraising efforts for the continuation of the Club programs. There are now 400 Club members with 6 programs, each with an annual cost of $2,400. The Club, started two years ago is seeking funding commitments over the next five years to ensure that these positive programs can continue. Toward that end Mr. Sizemore presented the Mayor with a check from Cimarron Trucking in the amount of $500. Also, KLKI Radio station will assist in fund raising activities for this worthwhile project. Mr. Petrish complimented the Anacortes Police and EMS teams for quick response to a recent 911 call. In regard to the ongoing EMS discussions with the County the Mayor refuted all charges made in a public letter from a Skagit Valley Hospital physician with regard to the City's financial contribution and benefits from the EMS system. Mr. Petrish also recommended Mr. Spencer Swain as the Ward # 1 representative on the Anacortes Improvement Board. 1711 October 21, 2002 -- continued Consent Aaenda Mr. Sizemore moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on October 10, 2002 and October 17, 2002 for payment as of this date, October 21, 2002. Council vote was unanimous. Claims Warrants Oct, 2002: Warrant Numbers 19595 through 19817 in the total amount of $977,959.34 Prewritten Claims Oct, 2002: Warrant Number 1594 in the total amount of $6,000 Payroll # 1 October 15th in the amount of $380,676.92 Warrant Numbers 22087 through 22166 in the total amount of $95,724.25 Direct Deposit Numbers 4921 through 5062 in the total amount of $190,370.53 EFT Numbers 110 through 112 in the total amount of $94,582.14 In the same action Council adopted Resolution No. 1615 setting November 18, 2002 as the Public Hearing date on a petition to vacate a portion of "D" Avenue; Adopted Resolution No. 1616 setting December 16, 2002 as the Public Hearing date on a petition to vacate a portion of "S" Avenue; Accepted the 2002 Commercial Business District Sidewalk Replacement project as complete thereby initiating the mandatory 30 -day lien period. If no liens are filed any retainage now held by the City will be paid to the Contractor. Accepted the 2002 Skateboard Crosswalk project as complete thereby initiating the mandatory 30 -day lien period. If no liens are filed any retainage now held by the City will be paid to the contractor. Accepted the 2002 Sewer Rehabilitation Project as complete thereby initiating the mandatory 30 -day lien period. If no liens are filed any retainage now held by the City will be paid to the contractor. Closed Record Meetinq — Fir Crest Planned Unit Development Mayor Maxwell initiated the Closed Record Meeting to review the Planning Commission recommendation on a Planned Unit Development application submitted by Strandberg Construction and Welch Brothers Construction for the development of 40 residential lots on 26.89 acres. Mr. Bob Hyde, Director of Public Works, referenced an overhead drawing showing the project location and lot layout. The Planning Commission held Public Hearings over two evenings and all testimony, exhibits, and Findings of Fact and Conclusions of Law were distributed to Council prior to this meeting. The Planning Commission recommended approval subject to 47 conditions. Mr. Hyde pointed out that the applicant previously proposed a 64 -lot PUD at this site. However, based on a broad range of critical comment, the project was withdrawn so that a comprehensive plat more in keeping with the area could be developed. The Mayor pointed out that key project points are: an 80' right-of-way will be constructed to accommodate vehicle and pedestrian traffic; street trees will be planted on both sides of the streets and also in the median; buffers will be maintained around the development; a trail will be designed to access City Forestlands, and an infiltration system will be installed to accommodate water runoff. Additionally, the applicant will donate 14 acres to the City of Anacortes Community Forest Lands. The project will be phased. Councilmembers complimented the applicants on their efforts to design a project suitable to the terrain and surrounding area. After discussion, Mr. Sizemore moved, seconded by Mrs. Richardson, to approve the Preliminary Development Plan for the Fir Crest Planned Unit Development and to adopt the Findings of Fact and Conclusions of Law. Vote: Ayes — Christiansen, Richardson, Rock, Petrish, Sizemore, and Brown. Motion carried. There being no further business, Mayor Maxwell adjourned the meeting at approximately 8:45 p.m. Geor Khtaia/,City Clerk -Treasurer H. Dean Maxwell, Ma or ouncirember 1712 November 4, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, November 4, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mrs. Richardson moved, seconded by Mr. Sizemore to approve the minutes of October 21, 2002 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Mr. Carlisle abstained. Motion carried. Citizen Hearinqs Mr. Bili Mitchell, 807 27th Street, discussed handicap access at the proposed Guemes Waterfront Kiwanis Park. Under current conditions a person in a wheel chair can get to the beach; as proposed the new plan will eliminate this handicap access. Mr. Mitchell offered his assistance in the Park development process. He suggested a minimum of earthwork and also recommended the construction of a small bridge at the west end of the parking lot to the high point of the bluff. Mayor Maxwell thanked Mr. Mitchell for his contribution and reported that this issue has a high priority in the City's planning process. rvcimci¢irrrrcicrsrivraiaioirrrrrrarrirraivrriaiaiaiiriCrar °'Mayor/Council Communicationoro These items are on tape and filed at City Hall. Mayor Maxwell announced that Ms. Kay Reinhardt and Mr. Spencer Swain have been nominated for the Museum Advisory Board and the Anacortes Improvement Board, respectively. Mr. Sizemore moved, seconded by Mr. Petrish, to confirm the nominations of Ms. Reinhardt and Mr. Swain. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Mayor Maxwell announced the passing of Mr. John Spaulding, long time community activist. Mr. Spaulding contributed to the Ferry Advisory Board and to the Anacortes Sister City association as well as many other civic organizations and projects. His positive influence and gracious manner will be greatly missed. The Mayor then opened discussion on Council participation on the Port/City Liaison Committee. The committee works with the Port to help build consensus on matters affecting the community. The Mayor emphasized the need for positive committee representation in order to continue this important working relationship. The Mayor asked that Councilman Carlisle relinquish his position on this committee and that a new representative be chosen. Mr. Carlisle declined to step down. As Mayor Pro -tem Mr. Sizemore moved, seconded by Mr. Brown, to end Mr. Carlisle's tenure on the City/Port Liaison Committee. In response Mr. Carlisle reviewed his participation in the Westport negotiations; he also emphasized the need for a 3`d ward representative on this committee with particular reference to the Airport. Mr. Petrish spoke against the motion. Council discussion followed regarding the selection process. Mr. Christiansen and Mr. Brown resigned from the Committee with Mr. Rock offering to serve. Vote on the motion: Ayes — Brown, Christiansen, Rock, and Sizemore. No — Richardson, Carlisle, and Petrish. Motion carried. Mr. Sizemore moved, seconded by Mrs. Richardson, to appoint Mr. Rock, Mrs. Richardson, and Mr. Sizemore to the City/Port Liaison Committee. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Sizemore, and Brown. No — Petrish. Motion carried. GMA: 2005 Update Process In his presentation Mr. Ian Munce, Planning Director, first referenced the document "Briefing Paper for the Skagit County Growth Management Act Steering Committee — Selecting an Updated 20 -year Population Forecast for Skagit County". Using the information provided by this document Mr. Munce continued the ongoing discussion to select a City of Anacortes population projection for growth management planning to the year 2025. As part of this GMA planning process Skagit County must decide what the 2025 countywide population target will be. In that regard Mr. Munce reviewed the Office of Financial Management's (OFM) low, medium, and high forecasts for Skagit County and discussed growth trends within the County. Lengthy Council discussion followed regarding the implications to allocations for the city and county Urban Growth Areas based on the City's forecast target. With that Mr. Rock moved, seconded by Mrs. Richardson, to recommend adopting the low OFM forecast. Vote: Ayes — Richardson, Rock, Carlisle, Sizemore, Brown, and Christiansen. Motion carried. No — Petrish. Motion carried. Chanqe Order Number Two. Seqment One, 36 -inch Waterline Mr. Bob Hyde, Director of Public Works, explained that the original waterline contract called for the installation of 14,676 linear feet of new 36 -inch welded steel waterline from the Farmhouse Inn restaurant to the east bank of the Swinomish Channel. Change Order Number One added 3,400 linear feet of dewatering. Change Order Number Two addresses an additional 4,881 linear feet of dewatering at $47.00 per linear foot. Additionally, the contract will be extended by two calendar days. Staff recommends that this change order is necessary to complete the 1713 November 4, 2002 -- continued work. With that, Mr. Sizemore moved, seconded by Mr. Brown, to approve Change Order Number Two to the Segment One contract with Robison Construction adding $305,094.79 and two calendar days to the contract.. Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. Bid Award: South March Point Road Utilities Extension Mr. Bob Hyde, Director of Public Works, introduced the six bids received for the construction of the utility infrastructure to the new T. Bailey site on South March Point Road. Bids were solicited from contractors on the Small Works Roster. Using an overhead display of the bid tabulations, Mr. Hyde pointed to the low bid from Trico Contracting, Inc, Burlington, in the amount of $189,440.00. After discussion Mr. Christiansen moved, seconded by Mr. Rock, to award the South March Point Road Utility Improvement Project to Trico Contracting, Inc. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Consent Aqenda Mr. Sizemore moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, 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 October 24, 2002 and October 31, 2002 for payment as of this date, November 4, 2002. Council vote was unanimous. Claims Warrants Nov, 2002: Warrant Numbers 19819 through 19990 in the total amount of $1,304,308.57 Prewritten Claims Nov, 2002: Warrant Number 19818 in the total amount of $102,437.93 Cancelled Warrant # 19518 in the amount of $260.00 Water Bonds Ordinance and Underwriter Purchase Aareement Mr. George Khtaian, Finance Director, introduced Mr. Lee Voorhes, Municipal Bond Attorney, Foster, Pepper and Shefelman. The Bond Ordinance now before Council authorizes all actions necessary for the bonds to be delivered to the purchaser in accordance with the Bond Purchase Agreement. Mr. Voorhes then highlighted the sections in the Ordinance that have a significant role in this financing and in future water revenue bond financing. Mr. Khtaian then introduced Ms. Jane Towery, Bank of America Securities, who served as the City's underwriter for this bond issue. Mrs. Towery complimented the Mayor and Council on the City's high standards for financial management policies for the water utility, on the City's strong reserve policies, and on the City's low utility rates. At the conclusion of the presentation Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2604 providing for the issuance of water revenue bonds. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. 2003 Budqet Ordinance Adoption Mr. George Khtaian, Finance Director, presented an Ordinance to Council for review. If approved the Ordinance would adopt the budget and salary schedule for all municipal purposes and uses for the year 2003. Mr. Khtaian highlighted the extensive budget review process. With that, Mr. Brown moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2605 adopting the 2003 Budget. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. 2003 Propertv Tax Resolution Adoption Mr. George Khtaian, Finance Director, introduced a Resolution to Council that, if adopted, would set the City's 2003 property tax regular levy increase (a percentage increase of one percent (1.0%) from the previous year. Dialogue followed regarding total property tax levies from all Anacortes taxing districts. After discussion, Mr. Sizemore moved, seconded by Mrs. Richardson, to adopt Resolution No. 1617 entitled "A Resolution of the City Council of the City of Anacortes, Setting the City's Year 2003 Property Tax Regular Levy Increase". Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Ap)eal: Subdivision Administrator's Denial of the Sands Short Plat This item is on tape and filed at City Hall. Mr. Christiansen stepped down from deliberation on this matter. By way of background Mr. Ian Munce, Planning Director, explained that he is authorized by Ordinance (as the Subdivision Administrator) to approve or disapprove divisions of land into 9 lots or less (short plat). The 1714 November 4, 2002 -- continued Administrator's decision is subject to appeal to the City Council hence the matter now before Council. Using an overhead display Mr. Munce pointed to the proposed Richard L. Sands 3 -lot short plat located adjacent to the Marine Heights Subdivision in the Skyline area and south of the Cedar Glen development. He drew particular attention to Marine Heights Way, the connecting street providing access to the Sands property. The short plat proposal provides for a dedicated street to the 3 lots. In that regard Mr. Munce referenced the City's Comprehensive Plan calling for connecting streets where reasonable and practical. During the review process Marine Heights home owners referenced Marine Heights Condition # 44 which states "The 60' right-of-way to property on the north shall not be used as primary access to a development to the north, but may be a secondary access to that property when it is served by another access meeting City street standards for grade and width." Based on that language the short plat was denied. Mr. Richard Sands filed an appeal of that decision and is prepared to testify in that regard. A memorandum on this issue from Mrs. Richardson was faxed to the applicant's attorney and circulated to Council. Mr. Tom Moser, Attorney, 411 Main Street, Mt. Vernon spoke on behalf of his client. Mr. Moser characterized the main issue of interest: Condition # 44 essentially land -locks Mr. Sand's property. Evidence was provided showing that the topography would prohibit access to the Sands property from Clyde Way. Mr. Moser concluded with the request that the City Council reverse the decision of the administrator. Mr. Roddy Johnson, Vice President of the Marine Heights Home Owner's Association, reported that the Board and Mr. Sands have discussed the development of the Sands property in detail. The Board is satisfied that Mr. Sands will install lots that would meet the Marine Heights spirit of low density and therefore supports the access to Marine Heights Way. Mr. Richard Sands, 4917 Yorkshire Drive, presented all in a series of 17 exhibits providing history of this property and providing data illuminating why access from Clyde Way would not be feasible. He described the existing road conditions at the entrance to his property: a 50' right-of-way with a 100' dirt road from the cul-de-sac; a home has been constructed on this unimproved right-of-way. Mrs. Richardson asked for clarification on the inability to provide access from Clyde Way and asked if the engineers had considered taking access from Clyde Way at the lowest point where it intersects the Sands property. Mr. Moser confirmed that the restrictive road grades of 16-22% exceed the City's maximum standards. Mr. Sands again characterized the vertical rock cliffs and steep grades preventing the road development suggested by Mrs. Richardson. Mr. Sands verified that the Sands Short Plat would contain deed restriction for no more than 9 Lots for Lot "A" and no more than 2 lots for Lot "B" with a total of 12 home sites. Mr. Sands also committed to finish construction of Marine Heights Way and to extend utilities to his property. Mr. Moser clarified that the process should Council approve the short plat would involve Mr. Sands petitioning the City to modify the plat of Marine Heights to remove condition # 44. This process would then include notification of neighbors and a public review. After discussion, Mr. Carlisle moved, seconded by Mr. Petrish, to reverse the decision of the Administrator to deny the Sands Short Plat. Further, the short plat approval shall include deed restrictions for Lot "A" and Lot "B" together with language clarifying road improvements. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Mr. Christiansen returned to his seat on the Council. Ordinance: Chanaina the Name of Clvde Wav to Cedar Glen Wav Mr. Bob Hyde, Director of Public Works, introduced an Ordinance to Council that would change a street name in the Cedar Glen Phase I development. Using an overhead display the new home owners in the Cedar Glen Phase I project petitioned the City to change the name to Cedar Glen Way rather than the Clyde Way designation. Police Chief Mike King explained that "Court" designation indicates a cul-de-sac and dead end. Mrs. Richardson moved, seconded by Mr. Carlisle, to adopt Ordinance No. 2606 entitled Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. Ordinance: Mayor's Compensation At this point in the evening's agenda the Mayor turned the meeting over to Mayor Pro -Tem Sizemore and left the Council Chambers. Mr. Sizemore then introduced an Ordinance that would establish compensation for the Mayor for 2003. Mr. Rock moved, seconded by Mr. Brown, to adopt Ordinance No. 2607 setting the monthly salary schedule for the Mayor plus a 1.3% cost of living increase. Vote: Ayes - Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. No — Carlisle. Motion carried. There being no further business, Mayor Pro -Tem Sizemore adjourned the meeting at appro ' ately 10:45 m. ge Kht an, City Jerk -Treasurer H. Dean Maxwell,/Mayor ewer 1715 November 18, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, November 18, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Mayor Maxwell announced that this meeting will be continued to Monday, December 2, 2002 at 7:00 p.m. to conduct an Executive Session regarding International Association of Firefighters negotiations. The Mayor also called attention to item 7(a) of the agenda, Public Hearing for the vacation of a portion of "D" Avenue/Woolworth. This item has been continued for an indefinite period. Minutes of Previous Meetinqs Mr. Sizemore moved, seconded by Mr. Brown to approve the minutes of November 4, 2002 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Abstain: Carlisle. Motion carried. Citizen Hearings Mrs. Jeanne Robinette, 2521 17th Street asked for clarification on agenda item 7 (a) - Public Hearing - with regard to the definition of "continued for an indefinite period". Mr. Ian Munce, Planning Director, explained that the applicant requested the continuance. If and when the Vacation Petition is reactivated, the applicant must provide the information requested by the Board of Adjustment and new hearings before both the Board of Adjustment and City Council will be scheduled; new notices will be mailed to neighbors. «.«....«.......«....17/O/O/L7/L7/O/O/L)YO/O/p/O/O/O/®/d/O/O/O/p. 5Mayor/Council Communication .ea/o/oma The Mayor read from a letter thanking the Mayor and Council for changing the Clyde Way street name to Cedar Glen. The Mayor read from a Proclamation entitled, "A Thanksgiving Salute to our Community Service Clubs, November 24-30, 2002". The Proclamation acknowledges those service clubs and individuals who work on the behalf of those in need. Reappointment: Mrs. Richardson moved, seconded by Mr. Brown, to confirm the reappointment of Margaret Frey to the Library Board of Trustees. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Ms. Audrey Smith, Tulip Festival Executive Director, presented the Mayor and Council with a framed copy of the 2003 Skagit Valley Tulip Festival poster. Ms. Smith thanked the City for its support over the years toward the success of the annual Tulip Festival. As part of the County's recognition of this event the tulip has been named as the official flower of Skagit County. More support is necessary: in 1988 there were over 1,500 acres of flowers with 4 growers; today there are 700 acres and 2 growers. Countywide support will help to keep this major event a success. The Mayor thanked Ms. Smith for her many years of dedicated service. Appointments: Mr. Brown moved, seconded by Mr. Rock, to confirm the following appointments to the Anacortes Historic Preservation Board: Virginia Klockzien, Dan Tarnoveanu, Karen Marshall, and Evie Berk. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Ship Harbor: Clarifvinq Proiect Conditions In his presentation Mr. Ian Munce, Planning Director, provided a brief summary of the Ship Harbor hotel/condominium/marina project. Part of the site is owned by the Port of Anacortes and part by Leeward properties. All permit issues were settled in the 1980's including a Settlement Agreement and Amendments between the City of Anacortes and Evergreen Islands. In 1991 there were comprehensive revisions to the conditions and site plan. (Copies of these items were distributed to the Council prior to the meeting.) Mr. Munce highlighted one major inconsistency between the old permit and current development conditions. The old permit required a traffic signal at Glasgow and Oakes prior to construction beginning. However, the State of Washington determines when a signal can be installed on the Oakes Avenue/Highway 20 spur. Also, several of the improvements required by the permit would provide for a number of public benefits and due to construction and development over the last decade many of these proposed improvements have already been installed. In light of that, the applicant is proposing a phased approach to improvements after immediately dedicating the right-of-way along Oakes Avenue. When a building permit is issued for the 51s' unit the applicant would like to construct the left turn lane. Again, the traffic signal would be installed once State of Washington warrants are met. Staff reviewed the request and further proposed that the developer voluntarily agree to pay traffic, park, and fire impact fees as individual building permits are secured. Mr. Munce clarified that the applicant proposes to develop the project according to the 1991 revised design. After discussion, Mr. Carlisle moved, seconded by Mr. Sizemore, to approve the modifications 1716 November 18, 2002 – continued to the Ship Harbor Project conditions as outlined in a November 13, 2002 Memorandum from the Planning Director to the Mayor and City Council entitled "Ship Harbor Project Conditions Clarification". Mrs. Richardson discussed the wetland preserve, one of the many design issues yet to be resolved. Vote: Ayes – Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. On a related matter, Mr. Bob Hyde, Director of Public Works, presented a proposal from the Portalis Developer for a private/public partnership to consolidate sanitary sewer flows into one pump station for Portalis, Ship Harbor, Clearidge, and others. Public Works staff has been working with the Portalis owner to develop a regional facility for the north side of Oakes in the vicinity of the Ship Harbor and Portalis projects. One potential benefit from this regional facility would be the ability to shut down the Clearidge pumping station saving the City $10,000 annually. Letters of support have been received from adjacent property owners who would support running their sanitary lines into the proposed pump station. Latecomer agreements would be required to implement any pump station agreements. Consent Aqenda Mr. Rock moved, seconded by Mr. Brown to approve the following Consent Agenda item. Vote: Ayes – Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 7, 2002 and November 14, 2002 for payment as of this date, November 18, 2002. Council vote was unanimous. Claims Warrants Nov, 2002: Warrant Numbers 19998 through 20212 in the total amount of $1,358,515.35 Prewritten Claims Nov, 2002: Warrant Numbers 19991 through 19997 in the total amount of $22,218.09 Pavroll # 1 October 31 st Warrant Numbers 22167 through 22253 in the total amount of $201,798.97 Direct Deposit Numbers 5063 through 5168 in the total amount of $208,792.38 EFT Numbers 113 through 116 in the total amount of $101,705.10 There being no further business, at approximately 8:10 p.m. Mayor Maxwell continued the meeting to 7:00 p.m., Monday, December 2, 2002 for the purpose of holding an Executive Session. -W4�L 7na4� Ge a Khtaiin, City lerk-Treasurer H. Dean Maxwell, Ma�or _ v `—c Z7 §I—Member 1717 December 2, 2002 (Continued Meeting of November 18, 2002) The Mayor called the continued meeting of November 18, 2002 to order at 7:00 p.m. in the Municipal Building Council Chambers. The Mayor and Council then convened in Executive Session to discuss IAF Mediation/Arbitration. At approximately 7:25 p.m. the Council reconvened and without taking any further action adjourned the meeting of November 18, 2002. ---Al41L Ge ge K a 6, (pity Clerk -Treasurer H. Dean Maxwell, Mayor 0 r1v eilmember City Council Minutes December 2, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, December 2, 9 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetings Mr. Brown moved, seconded by Mr. Sizemore to approve the minutes of November 18, 2002 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearings No members of the audience wished to testify on matters not on the agenda. yi- ri---iii --- -rill— --------ri-- ,Mayor/Council Communication/ circ ri ci-- -------------------- The Mayor recommended the following reappointments: Betty Kuehn, Planning Commission; Rick Haley, Parks and Recreation Board; Michelle McPhee, Anacortes Forest Advisory Board; and John Killingsworth, Museum Advisory Board. Mr. Sizemore moved, seconded by Mr. Rock, to confirm the reappointments. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. The Mayor then turned to a November 22, 2002 letter from Mrs. Patricia Paine. The Paine family owns property in Anacortes; however, the Navy recently relocated the Paines to Ft. Worth, Texas. Their Anacortes home is vacant and for sale. The utility account for the property is active, and mandatory garbage charges are assessed although no refuse is generated or hauled away. In her letter Mrs. Paine asks for relief from this mandatory garbage charge. She further suggests that the Council revise the utility billing policy to address this issue. The Council will review this matter in Study Session in January 2003. The finance department will provide information on any associated administrative costs to connect and disconnect utility services. The Mayor asked Mr. Ian Munce, Planning Director, to provide a report on the T -Bailey Clearing and Grading permit and on the associated environmental appeal (adjacent heronry). T- Bailey and the Port have negotiated a lease/option agreement for the purchase of Port property at March Point Road. Skagit Land Trust and other environmental groups appealed the City's Clearing and Grading permit decision for this site based on potential development impact to an adjacent heronry. All three parties have been engaged in a dialogue to resolve this issue. A Building Permit would follow on from a successful conclusion to these negotiations; any agreed upon conditions could then be incorporated into the Building Permit. Mr. Munce reported that, unfortunately as of this morning the negotiations between the Port and T -Bailey have stalled. The Mayor once again offered to facilitate the process. Mr. Sizemore asked the community for financial support for the Boys and Girls Club of Anacortes. In that regard KLKI offered to assist in auctioning pies prepared by the Mayor and City Council members. Proceeds will go toward funding the highly successful programs at the Boys and Girls Club. Mr. Sizemore will also enlist the support of Skagit County Commissioners in this pie baking/fund raising event. The auction is scheduled for December 14tH . Resolution: Confirminq 2003 Tourism Contracts Mr. Ian Munce, Planning Director, explained that the Resolution now before Council would formalize action previously taken by Council to select those agencies and projects to receive funding for purposes of attracting visitors to the City of Anacortes. With that, Mr. Carlisle moved, seconded by Mr. Rock to adopt Resolution No. 1618 entitled "A Resolution Authorizing Execution of Tourism Promotion Fund Contracts by and between the City of Anacortes and Ten Agencies for Eleven Projects." Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Interlocal Agreement with Countv: Twin Bridqe Settlement Mr. Ian Munce, Planning Director, presented an Interlocal Cooperative Agreement between Skagit County and the City of Anacortes for Council review and approval. The Agreement formalizes a commitment by the County to allocate funds to the City to complete rerouting of the waterline near the Twin Bridge marina site. Mr. Christiansen asked for deletion of the word "the" in Section 2.2; and substitution of another word for "payments" in Section 5. With those amendments, Mr. Christiansen moved, seconded by Mr. Brown, 1720 December 2, 2002 -- continued to authorize the Mayor to enter into an Interlocal Cooperative Agreement between Skagit County and the City of Anacortes: Twin Bridge Settlement. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Consider Bids for Small Diameter Waterline Replacement Mr. Bob Hyde, Director of Public Works, reviewed the bids received for 2002 and 2003 waterline replacement work consisting of 11 individual projects. Using an overhead display, Mr. Hyde highlighted the projects as follows: 1-6, small main replacements; 7, Kingsway/Doon Way Anaco Beach; 8, Padilla Heights Services Transfer; 9, Christiansen/Stevenson Road; 10, 11, Longview and 35th Street Valves. Eight bids were received with the low bid submitted by Strider Construction, Bellingham in the amount of $455,067.03. Discussion followed regarding financial implications. After discussion Mr. Carlisle moved, seconded by Mr. Petrish, to award the project to Strider Construction in the amount of $455,067.03. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Consent Aaenda Mr. Rock moved, seconded by Mr. Brown to approve the following Consent Agenda items. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 21, 2002 and December 2, 2002 for payment as of this date, December 2, 2002. Council vote was unanimous. Claims Warrants Dec, 2002: Warrant Numbers 20213 through 20328 in the total amount of $261,906.17 Pavroll # 1 November 15. 2002 in the amount of $389.016.56 Warrant Numbers 22254 through 22328 in the total amount of $75,894.14 Direct Deposit Numbers 5224 through 5367 in the total amount of $201,991.60 EFT Numbers 117 through 120 in the total amount of $111,130.82 Pavroll # 2 November 27. 2002 in the amount of $503.133.351 Warrant Numbers 22329 through 22394 in the total amount of $184.831.38 Direct Deposit Numbers 5368 through 5529 in the total amount of $205,240.80 EFT Numbers 121 through 125 in the total amount of $113,061.17 In the same motion the Council approved the Lions Club Christmas Parade Street Fair application for downtown Anacortes on Saturday, December 7, 2002, 12:00 p.m. to 1:00 p.m. Staff recommends approval of the street closures, parking restrictions, public works services, and police services as outlined in a November 18, 2002 memorandum from Bob Hyde to City Council and Mayor. PSE Meter Read Extension Agreement Mr. George Khtaian, Finance Director, presented a proposed 9 -month extension agreement for meter reading services with PSE. The 9 -month period runs from November 1, 2002 to July 31, 2002. This extension will accommodate the transition period needed for the City to implement its own meter reading; the implementation decision is currently under {preliminary analysis by staff. The current contract charge for meter reading is $.94/unit. The new rate will be $1.13/unit. After discussion, Mrs. Richardson moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into an Extension Agreement between Puget Sound Energy, Inc. (PSE) and the City of Anacortes extending the existing agreement for customer care services. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Bid Award: Citv Hall Boiler Replacement Proiect Mr. Gary Robinson, Director of Parks and Recreation, explained that bids were solicited for the upgrade to the City Hall heating and controls system. Garrison Engineering evaluated the existing heating array and recommends that the boiler system be upgraded as a first step. The proposal calls for the replacement of the boiler with a copper, fully modulating boiler; the existing steam boiler would be converted to hot water. The low bid was received from Blythe Plumbing and Heating in the amount of $57,975.00 plus sales tax. Mr. Robinson reported that Blythe Plumbing and Heating worked on the Public Safety Building with positive results. Mr. Carlisle reported on his conversations with the design engineer for Garrison Engineering. Mr. Russ Pittis, Facilities Manager answered questions from Council on the work schedule. After discussion Mr. Sizemore moved, seconded by Mr. Carlisle to award the Boiler Replacement project to Blythe Plumbing and Heating in the amount of $57,975.00 plus sales tax. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. There being no further business, at approximately 8:30 p.m. Mayor Maxwell adjourned the meeting. 0-a rge Khan, City Clerk -Treasurer H. Dean Maxwell, Mayor/ ,7 "� C ncil ember 1721 December 16, 2002 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, December 16, 2002 to order. Roll call found present: Bill Carlisle, Nick Petrish, Ray Sizemore, Ken Brown, Terry Christiansen, Cynthia Richardson, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs Mr. Brown moved, seconded by Mr. Rock to approve the minutes of December 2, 2002 as if read. Vote: Ayes — Petrish, Sizemore, Brown, Christiansen, Richardson, Rock, and Carlisle. Motion carried. Citizen Hearinqs No members of the audience wished to testify on matters not on the agenda. OMayor/Council Communications The Mayor announced the successful results of a recent Boys and Girls Club pie sale/fund raiser. The event raised over $2,000 to support this very successful program for the young people of the community. Mr. Sizemore, whose prize-winning pie was auctioned for $500, thanked all the participants. The Mayor then reported on the EMS contract negotiation process (the contract expires at the end of 2002). The City of Anacortes is one of the two emergency providers in this area; equitable participation in the development of the EMS program should include participation by the City of Anacortes in the budget process as well as oversight and approval of service provider contracts. Consent Agenda Mr. Carlisle moved, seconded by Mrs. Richardson to approve the following Consent Agenda items. Vote: Ayes — Sizemore, Brown, Christiansen, Richardson, Rock, Carlisle, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 5, 2002 and December 12, 2002 for payment as of this date, December 16, 2002. Council vote was unanimous. Claims Warrants Dec, 2002: Warrant Numbers 20329 through 20494 in the total amount of $722,598.31 In the same motion the Council adopted Resolution # 1619 setting January 6, 2003 as the Public Hearing date on a Petition to Vacation a portion of "O" Avenue; and adopted Resolution No. 1620 setting January 13, 2003 as the Public Hearing date on a Petition to Vacate the alley in Block 24, Anacortes Original. 2002 Budqet Amendment OrdinanceNear-end Cash Transfer Ordinance Mr. George Khtaian, Finance Director, first presented an Ordinance to Council amending the 2002 Budget in the following funds: Library (103); Police Substance Abuse Fund (109); Library Construction (356); Water (401); Sewer (440); and Equipment Rental (501). The second Ordinance for Council review and adoption provides for a 2002 year-end cash adjustment transfer from the Growth Management Improvement Fund (292) to the Street Construction Fund (105). After discussion Mr. Sizemore moved, seconded by Mr. Brown, to adopt Ordinance # 2608 amending the 2002 Budget and Ordinance No. 2609 authorizing a cash transfer between funds. Vote: Ayes — Brown, Christiansen, Richardson, Rock, Carlisle, Petrish, and Sizemore. Motion carried. Public Hearinq: Vacation of Portion of "S" Avenue — Port of Anacortes Mayor Maxwell opened the Public Hearing on a Petition to Vacate a portion of "S" Avenue. Located in the general vicinity of Market and 6th Streets, the Port of Anacortes petitioned the City to vacate this right-of-way in order to support future users of the Port's adjacent property. Mr. Bob Hyde, Director of Public Works, reported that the Board of Adjustment reviewed this matter in Public Hearing and recommends approval of this vacation. Using an overhead display, Mr. Hyde pointed out the right-of-way location. The Mayor opened the hearing to public testimony. Mrs. Maria Petrish, 1907 9th Street, proposed a land trade in lieu of compensation should the Council vacate the right-of-way. The property, located east of the Depot Art Center and W.T. Preston, includes a madrona grove and pond. Mr. Ross O. Barnes, 13695 Harbor Lane, 1722 December 16, 2002 — continued suggested the City provide a clearly defined map of Market Street including on the western edge the 20' track easement, and that an ad-hoc committee be formed to review future street vacation/land trade proposals in this area. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Ian Munce, Planning Director, clarified that the issue before the Council this evening is to approve or deny the street vacation petition. If approved an Ordinance will be drafted reflecting that action; the compensation package can then be reviewed. Mrs. Richardson asked that the Market Street location be defined; Mr. Hyde said that would be done prior to the preparation of a vacation Ordinance. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the vacation of a portion of "S" Avenue as defined in the Port of Anacortes October, 7, 2002 Petition for Street Vacation with appropriate compensation and that an Ordinance be prepared reflecting this action. Vote: Ayes — Christiansen, Richardson, Rock, Carlisle, Petrish, Sizemore, and Brown. Motion carried. Acceptance of the 341h and "V" Avenue Reconstruction Before the presentation for this item, Mayor Maxwell thanked Councilman Sizemore for his property donation making the 34th and "V" Avenue reconstruction project possible. Mr. Bob Hyde, Director of Public Works, explained that the project, construction of a portion of 34th Street and extended "V" Place, included curbs and gutters on both sides, sidewalk on one side, storm drain work, and the installation of a waterline. Mr. Hyde reported that the project is complete and all pressure, compaction, and bacterlogical tests were passing. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to accept the project as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage now held will be paid to the contractor. Vote: Ayes — Richardson, Rock, Carlisle, Petrish, Sizemore, Brown, and Christiansen. Motion carried. Ordinance: TreeKeeper Endowment Fund Mr. Gary Robinson, Director of Parks and Recreation, presented an Ordinance to Council for review and adoption. The Ordinance would create a street tree endowment fund for the City of Anacortes. Toward that end the Street Tree Advisory Committee devised a downtown tree plaque program. Plaques would be placed next to the new trees on Commercial Avenue in downtown Anacortes. Families wishing to place a plaque would be asked to donate $250 per plaque; the $250 would be used for tree care and future plantings. Anyone interested in providing for the care of our urban trees would also be welcome to donate to this fund. Discussion followed regarding the very successful tree plaque program on 9th Street. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2610 entitled "An Ordinance Creating a Street Tree Endowment Fund for the City of Anacortes." Vote: Ayes — Rock, Carlisle, Petrish, Sizemore, Brown, Christiansen, and Richardson. Motion carried. Public Defender Contract for 2003 Mr. Ian Munce, City Attorney, presented a recommendation to extend the City of Anacortes Contract for Professional Services/Indigent Defense between the City and Gerald T. Osborn from January 1, 2003 to December, 2003. No increase in base pay was requested; however, a request has been made to cover additional insurance costs. Mr. Munce also pointed out that the new Court Administrator, Mrs. Donna Ferrario, will come before the Council in the new year with a report on caseloads figures and trends. With that, Mr. Sizemore moved, seconded by Mr. Brown, to authorize the Mayor to enter into a Professional Services contract with Mr. Gerald T. Osborn. Vote: Ayes — Carlisle, Petrish, Sizemore, Brown, Christiansen, Richardson, and Rock. Motion carried. Executive Session (30 minutes) At approximately 8:45 p.m. the Mayor announced that the Council will convene in Executive Session for an update on Teamster negotiations. At approximately 9:15 p.m. the Council reconvened and without taking any further action the meeting was adjourned. 011orge Krl'itaian, (Pity Clerk -Treasurer H. Dean Maxwell, May(6r Coun tuber