The URL can be used to link to this page

Home My WebLink About2004 City Council Minutes1810 January 5, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday, January 5, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Oath of Office Mr. George Khtaian, Finance Director and City Clerk, administered the Oath of Office to Mr. Loren Hoboy, Ward # 3; Mr. Nick Petrish, Ward # 1; and Mr. Brad Adams, Ward # 2. Once the new Council members took their seats Mr. Sizemore initiated a discussion on seating arrangements. Mr. Sizemore suggested that the ward and at -large members be seated in numerical order (left to right - Ward 1-3 followed by At -Large positions 1-4) with each spot identified by name and area of responsibility. Mr. Hoboy spoke in favor of a random seating pattern. While clarifying that the Council represents the City in its entirety, Mr. Sizemore suggested that the new arrangement could help the viewing public identify specific representatives. After discussion Council agreed to move this matter to Study Session. Minutes of Previous Meetinqs Mr. Petrish moved, seconded by Mr. Rock, that the minutes of December 15, 2003 be approved as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Richardson, and Rock. Abstain: Hoboy and Adams. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. ;Mayor/Council Communication; Mayor Maxwell announced that positions are available on the following Boards and Commissions: Parks and Recreation Advisory Board, Planning Commission, and Forest Advisory Board. Mr. Rock reported he's received a number of complaints about noise and safety issues regarding motorized skateboards. He suggested that the Council Public Safety Committee investigate appropriate regulations on motorized skateboard use. Police Chief Mike King explained that City enforcement parameters are tied to bicycle equipment requirements. Chief King is confident that corrective measures are being taken by the legislature to address these statewide complaints. In the meantime the local force will continue to respond to these calls. Mrs. Richardson asked for a report from the Public Works Department on the sanding program used to mitigate effects from the recent severe snow and ice storm. The Public Works Director reported that thus far over 150 tons of sand have been spread across City streets; additionally, a plow attachment will be mounted to an existing dump truck to assist in clearing roadways. Reappointment: Douq Colqlazier — Parks and Recreation Advisory Board Mr. Christiansen moved, seconded by Mr. Sizemore, to confirm the reappointment of Mr. Doug Colglazier to the Parks and Recreation Advisory Board. Council members complimented Mr. Colglazier on his can -do spirit and dedication and service to the Park Board in fund raising, project development, and in representing Park issues. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Resolution: Personnel Policv Update Mayor Maxwell announced that Council will continue to review the Personnel Policies. The Resolution adopting the Policies will be brought back to Council at a later date. Resolution: Ship Harbor Reqional Sewer Pump Station Mr. Ian Munce, Planning Director, introduced a Resolution to Council for review and adoption. If adopted the Resolution would authorize the Mayor to enter into certain agreements to implement the Ship Harbor Regional Sewer Pump Station. Mr. Munce explained that the Council previously authorized the expenditure of sewer fund monies for the pump station design work. A major step in the advancement of this project has been the identification of the development CORE group (the City of Anacortes, Portalis Development, the Port of Anacortes, the Samish Indian Nation, Mr. Ron Woolworth, and Mr. Dave Prutzman). While the negotiations have been lengthy and complicated the CORE group has agreed to an initial commitment of approximately $650,000 in monies and property for the regional pump station. A Latecomers Agreement will apply to those affected property owners who have no immediate plans to build. Mr. Munce addressed the wide range of benefits gained by a single regional pump station versus the 3-5 that would be required otherwise. Mr. Hoboy questioned the equitable sharing of 1811 January 5, 2004 -- continued costs amongst the CORE Group. The Mayor explained that absent this agreement construction of a number of stations would add a significant burden to the City's ratepayers. Mr. Bob Hyde, Public Works Director, pointed out that Portalis development will provide an upfront contribution of $120,000 for the pump station construction. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Resolution No. 1656 entitled "Ship Harbor Sewer Pump Station Contracts" authorizing the Mayor to enter into all necessary agreements to implement the Ship Harbor Regional Sewer Pump Station. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. ConsentAaenda Mr. Rock moved, seconded by Mrs. Richardson to approve the following Consent Agenda item. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 18, 2003, December 24, 2003 and December 30, 2003 for payment as of this date January 5, 2004. Claims Warrants for the month of December Warrant Numbers 25066 through 25255 in the total amount of $596,568.20 Prewritten Claims for the month of December Warrant Numbers 25060 through 25065 in the total amount of $3,315.04 Pavroll # 1 for December 15, 2003 in the total amount of $391,727.69 Warrant Numbers 24543 through 24614 in the total amount of $68,258.09 Direct Deposit Numbers from 9273 through 9420 in the total amount of $203,595.98 EFT Numbers 249 through 254 in the total amount of $119,873.62 Fireman's Retro Pav for December 19, 2003 in the total amount of $38,362.70 Warrant Numbers 24615 through 24630 in the total amount of $38,362.70 In the same motion Council: Cancelled Warrant Number 21576 in the total amount of $4,000.00 and Warrant Number 21573 in the total amount of $3,200.00. Chance Order to Close Out Automated Meter Reading Contract Mr. Bob Hyde, Public Works, Director, presented Change Order # 001 to the Automatic Meter Reading (AMR) Project for Council review and approval. Mr. Hyde reported that the AMR project has been successfully operational since August of 2003. The original proposal included the retrofitting of approximately 4,500 meters; however, it was discovered that the old meters cannot be retrofitted with the full AMR equipment. A Changer Order in the amount of approximately $115,000.00 is necessary to add additional registers. An additional $50,381.41 is included in the Change Order for the purchase (at a reduced rate) of a portion of the contractor's remaining inventory for stock. The Mayor then referenced a Memorandum from Ms. Niomi Fredrickson, Accounting Clerk, Utility Billing, outlining the benefits derived from the AMR system which include: a decrease in meter reading time; improved communication between field and office; dramatically reduced transfer time to utility billing software; improved inventory statistics; and improved customer service. Mr. George Khtaian, Finance Director, discussed budget/revenue and appropriation issues. All agreed that an improved communication network between Council and staff would be helpful. With that, Mr. Sizemore moved, seconded by Mrs. Richardson, to approve Change Order # 001 to closeout the AMR project and purchase inventory of spare equipment. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. The Mayor then reported that four 4 old collection manhole systems were discovered during the construction of Phase I of the Tommy Thompson trail project. These manholes allow for rainwater infiltration causing inflow and infiltration issues. Fortunately the contractor is on site and these old manhole systems can be eliminated. The work would require a Change Order of approximately $22,000. Resolution: Critical Areas State Grant/Professional Services Contract Mr. Ian Munce, Planning Director, introduced a Resolution to Council for review and adoption. If adopted the Resolution would authorize the Mayor to retain a qualified consultant(s) to update portions of the City's Critical Areas Ordinance (wetlands and fish and wildlife habitat conservation areas). Tasks supporting that goal include but are not limited to: review of existing wetland information and categorize wetlands as 1, 2, 3, or 4; review wetland mitigation 1812 January 5, 2004 -- continued successes between 1990 and 2003; and review existing information and categorize streams as 1, 2, 3, 4, or 5. By way of background Mr. Munce explained that on February 11th the Growth Hearings Board will decide on how well the City's Interim Critical Areas Ordinance measures up to the new environmental protection requirements to be met by 2005. In the meantime the Planning Commission has worked through three of the critical areas (aquifer recharge areas, geologically hazardous areas, and frequently flooded areas). The remaining two issues are wetlands and non -salmon bearing streams; both are subject of a Public Hearing before Council on January 26th. The request now before Council is for use of funds allocated by the State to help defray costs associated with Growth Management work. A discretionary grant of $10,000 is available for consultant work. Mr. Munce answered questions on the significance of the work to be done. When the inventory and classification work is complete private property owners will have a better sense of the impact critical areas legislation will have on them. After discussion, Mr. Sizemore moved, seconded by Mr. Petrish, to adopt Resolution No. 1657 entitled "Critical Area Ordinance: Grant Contracts." Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Mr. Sizemore announced that the Public Safety Committee will convene before the next regular Council meeting. The topic will be the updated Island Hospital Interlocal Agreement covering shared right to privacy procedures. The meeting will be at 8:30 a.m., January 16th at the Fire Station. Attendees will include Mayor Maxwell, Mr. Munce, Mr. Christiansen, Mr. Sizemore, and Chief Curtis. Referring to Council Procedures, Mr. Christiansen moved to nominated Mr. Sizemore to serve as Mayor Pro -Tem. Mr. Petrish seconded the nomination. The Mayor called for any further nominations and Mr. Hoboy moved to nominate Mr. Rock to serve as Mayor Pro -Tem. Mrs. Richardson seconded the nomination. With that, the roll was called: Hoboy — Rock; Petrish — Sizemore; Adams — Sizemore; Christiansen, - Sizemore; Richardson — Rock. Abstain: Sizemore, Rock. Mr. Sizemore was duly nominated and elected as Mayor Pro -Tem. At approximately 9:00 p.m. the Mayor announced that the Council would convene in Executive Session for a litigation update. At approximately 9:20 p.m. the Council reconvened and without taking any further action adjourned the meeting of January 5, 2004. G geKh1 ian, City (tlerk-Treasurer ,^H. D a Maxwell, May �40 Councilmember 1813 1814 January 20, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday, January 20, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinqs Mr. Petrish moved, seconded by Mr. Hoboy that the minutes of January 5, 2004 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. Mayor/Council Communication Councilman Sizemore announced the following Council standing committee membership for the year 2004-2005. Committee members will meet on specific issues together with the appropriate department representatives and report results back to the full Council. Mr. Sizemore suggested that each Committee select a chairperson as soon as possible. Public Safetv: Ray Sizemore, Terry Christiansen, and Cynthia Richardson Public Works: Loren Hoboy, Cynthia Richardson, and Nick Petrish Personnel: Brad Adams, Cynthia Richardson, and Terry Christiansen Parks/Recreation: Brad Adams, Bud Rock, and Nick Petrish Port/City Liaison: Bud Rock, Cynthia Richardson, and Ray Sizemore (alternate — Loren Hoboy) Finance: Loren Hoboy, Bud Rock, and Terry Christiansen Traffic Safetv: Loren Hoboy (includes City staff and members of the community) Planninq (ad hoc): Cynthia Richardson, Terry Christiansen, and Brad Adams Deoot Master Planninq Committee: Cynthia Richardson Mayor Maxwell reported that the Port of Anacortes President, Mr. Ray Niver, asked to change the regularly scheduled Port/City Liaison Committee meeting to the first Tuesday of the month. Mr. Petrish referenced a January 15, 2004 letter addressed to the Council from Mr. Ross O. Barnes. In the letter Mr. Barnes raises a concern that an attempt will be made to limit or control the public debate on the Critical Areas Ordinance. Mr. Petrish asked the City Attorney, Mr. Ian Munce to respond. Mr. Munce suggested that the real issue at hand is that of property rights and liability. At a recent Parks Board meeting Mr. Munce explained that the current buffer arrangements for the Forest Lands are developed through a case-by-case analysis of each development bordering the Forest Lands. Through the Planning Commission Open Record Hearings, applicant participation, staff overview, and Council approval, 25' buffers have been imposed on these specific projects. At the Parks Board meeting a suggestion was made for instituting a mandatory 25' buffer. Mr. Munce cautioned that such an action would expose the City to tremendous liability with regard to "takings" claims. While Mr. Barnes responded that a mandatory buffer was appropriate anyway, Mr. Munce again emphasized the significant liability exposure to the City should such a restriction be imposed. Further, with regard to the Critical Area Ordinance development Mr. Munce questioned the growing pressure from those people who live outside the City limits, and who have no responsibility in any manner for the consequences, to impose stock development restrictions. These restrictions could have serious ramifications to the City and to the voters, taxpayers, and residents of Anacortes. While the City welcomes forward -thinking and responsible suggestions from any source, the ultimate authority and decision-making rests with the Mayor and City Council. Mr. Hoboy clarified that comments from the residents of Fidalgo Island are certainly welcome and encouraged. With regard to the Critical Area Ordinance development, Mr. Christiansen said he was elected to respond to his constituency rather than to corporate entities with no vested interest in the consequences of their public service campaign. Resolution: Reorqanizinq the Lodqinq Tax Advisory Committee Mr. Ian Munce, City Attorney, presented a Resolution to Council that reflects suggestions made by Council in Study Session to broaden the policy direction of the Lodging Tax Advisory Committee. Mr. Munce explained that this Committee recommends programs for tourism promotion; the proposed amendments would add annual project recommendations to its responsibility and would combine the Advisory Committee with an existing 3 -member City Council sub -committee. This move could expand and enhance the focus on tourism industry development. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Resolution No. 1658 entitled "Reorganizing the Lodging Tax Advisory Committee". Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Easement Agreement with Similk Golf Course Mr. Bob Hyde, Director of Public Works, presented a Utility Easement Agreement with Similk, Inc. and the City of Anacortes. Mr. Hyde used an overhead display to show the easement route for the 24" water line over the Similk Golf Course property. This new waterline is extremely important as it serves citizens of Anacortes, Oak Harbor, and the Naval Air Station. Negotiations over the easement fair market value and compensation arrangements have been positive. The golf course owner, Mr. Tom Cleland preferred payment in the form of a water rate reduction rather than a direct payment from the City. The recommendation now before Council proposes that Similk Golf Course would receive a credit for 40.2 million galls of water (approximately 10 years of usage at the current usage rate) with a current value of $78,000 in consideration for both permanent and temporary easements for the 24 -inch water line as well 1 8 1 5anuary 20, 2004 -- continued as for full or partial compensation for loss of business. The agreement term shall be 15 years or when the final drop of the 40.2 million gallons of water is used. After discussion, Mr. Christiansen moved, seconded by Mr. Hoboy, to authorize the Mayor to enter into the Utility Easement Agreement with Similk Golf Course as outlined in a January 14, 2004 Memorandum from Mr. Bob Hyde, Director of Public Works to Mayor Maxwell and City Council. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Resolution: Personnel Policy Update Mayor Maxwell introduced a Resolution for Council review and adoption. If adopted the Resolution would authorize the Mayor and City Clerk to execute the City of Anacortes Personnel Policies. The Policies have been subject to an extensive annual review by employees, staff, Mayor, and Council. Mrs. Emily Schuh, Human Resource Director, first answered questions from Mr. Petrish regarding due process should a personnel issue be raised with the Mayor or Council. Mr. Christiansen said that the Council Personnel Committee will research this matter. With that, Mr. Christiansen moved, seconded by Mr. Rock to adopt Resolution No. 1659 entitled "A Resolution Regarding Personnel Policies and Benefits for City of Anacortes Employees and Superseding Resolution No. 1614 in its Entirety, Passed and Approved on the 16th day of September 2002. Resolution: Official City Newspaper Mayor Maxwell introduced a Resolution to Council for review and adoption. If adopted the Resolution names the Anacortes American, a newspaper published within the City of Anacortes, to be named as the official newspaper for the City of Anacortes for the calendar year 2004. Mr. George Khtaian, Finance Director, explained that State statute requires that the City name an official newspaper for the publication of all official notices and Ordinances. With that, Mr. Sizemore moved, seconded by Mr. Petrish, to adopt Resolution No. 1660 entitled "A Resolution Naming Official City Newspaper for Year 2004." Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Resolution: Setting Public Hearina Date: Vacation of Allev. First Plat of Ship Harbor Mr. Rock moved, seconded by Mr. Sizemore to adopt Resolution No. 1661 fixing March 1, 2004 as the Public Hearing date to review a Petition to vacate the east half of the alley adjacent to Lots 5-8, Block 11, First Plat of Ship Harbor. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Consent Agenda Mr. Rock moved, seconded by Mrs. Richardson to approve the following Consent Agenda item. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on January 8, 2004 and January 15, 2004 for payment as of this date January 20, 2004. Claims Warrants for the month of January Warrant Numbers 25257 through 25432 in the total amount of $1,381,668.94 Prewritten Claims for the month of January Warrant Number 25256 in the total amount of $8,647.76 Pavroll # 1 for December 31, 2003 in the total amount of $551.543.34 Warrant Numbers 24631 through 24712 in the total amount of $198,833.86 Direct Deposit Numbers from 9421 through 9586 in the total amount of $213,741.17 EFT Numbers 255 through 261 in the total amount of $138,968.31 Final Plat: Samish View Estates Mr. Ian Munce, Planning Director, presented a request for Final Plat approval for Samish View Estates. Mr. Munce reviewed that the Council's role in final plat approval is ministerial. Preliminary plat approval for the Samish View Estates was previously issued subject to a number of conditions. The developer has completed the subdivision subject to those conditions. Using an overhead to show the location and lot layout of Samish View, Mr. Munce explained that this project is a standard 10 -lot plat generally located at 37th Street and "M" Avenue; the one exception is that the zone boundary for R 2 and R 3 runs through the middle of one lot. Under these circumstances a duplex would be allowed on and restricted to the northern portion of the lot. The Planning Commission recommended that the setback lines be removed from the final drawing prior to recording. Public Works reviewed the project and recommend approval subject to Maintenance Bond. Mr. Munce then referenced a January 20, 2004 letter from Mr. Ham Sandvig, 1410 38th St., asking the Council to delay decision citing drainage issues. Mr. Sandvig had approached City staff with this issue prior to final plat approval and all engineering aspects of the project were reviewed. Mr. Bob Hyde, Director of Public Works, explained that a Performance Bond was not required on this project; the developer complied with all conditions and code requirements. If the plat is approved the project will be subject to a 2 -year Maintenance Bond to ensure that the improvements will be maintained. Further, Mr. Hyde highlighted significant features of this project: use of an underground detention system; and the location of a sub -drain on the north side which will deter most if not all the water moving from south to north and will route the water to the underground detention system. Mr. Hyde also pointed out that the 37th street extension and the cul-de-sac are slightly lower than the existing grade. At Mayor Maxwell's invitation, Mr. Sandvig addressed the Council alleging that several feet of fill had been placed on the site adjacent to his property both causing a change in the drainage course and obstructing views. January 20, 2004 -- continued 1816 Mrs. Richardson asked that a condition be added requiring the developer to adjust the grade along the south property line so that none of the grade is sloping up from the property line. In response to a question from Mr. Petrish on postponing a decision, Mr. Munce explained that all of the conditions imposed by Council have been met together with a recommendation from City staff and Planning Commission for approval. Also, the Public Works Director confirmed that there is no issue with adjusting the grade as suggested by Mrs. Richardson. Without any further discussion Mr. Petrish moved to table this matter for two weeks so that the Council could conduct a site visit. Mr. Christiansen seconded the motion. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. The Council will meet at the "M" Avenue and 37th Street cul-de-sac at 4:00 p.m. on Friday, January 23, 2004. No testimony will be taken. Approval of updated Island Hospital Interlocal Agreement Fire Chief Richard Curtis submitted a request for Council approval of an Interlocal Agreement between the City of Anacortes and Island Hospital. In place since 1987, this Agreement is subject to an annual review and update. This year's revisions include an organized health care arrangement with Island Hospital and modifications and deletions to outdated language. Representatives from the City and Hospital have reviewed the document and are in agreement as to the revisions. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into an Interlocal Agreement Providing Ambulance Service (Clarification) between the City of Anacortes and Skagit County public Hospital District No. 2. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Mayor Maxwell complimented Chief Curtis on the execution of this important document. Ordinance: Updating Officers' Compensation Mr. Ian Munce, City Attorney, asked the Mayor and Council to review an Ordinance amending the Anacortes Municipal Code with regard to compensation for City Council members. As an older provision Section 2.32.020 appears to tie the compensation to meeting attendance and for purposes of clarification should be deleted. Through Mr. Christiansen's Code review this and other Code anomalies will be clarified and corrected. Mrs. Richardson suggested that in future copies of the relevant sections should accompany a proposed amendment to the Municipal Code. With that, Mrs. Richardson moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2642 entitled "An Ordinance Amending Chapter 2.32. (Officers' Compensation) of the Anacortes Municipal Code". Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Public Hearing: 2003 Comprehensive Plan/Development Reaulations Proposed Amendments Mayor Maxwell opened the Public Hearing to take testimony on the proposed 2003 Comprehensive Plan/Development Regulations Amendments. Mr. Ian Munce, Planning Director, described the amendment process outline as follows: March 31St is the annual cutoff for receipt of all proposed amendments; Council conducts an initial screening early in the process; Planning Commission holds public hearings on the items and makes recommendation to Council. Mr. Munce then delivered his assessment of the each of the proposals followed by public testimony. The Hearing will be closed after testimony and Council will then deliberate in Study Session to develop a course of action. SEPA review would follow on with a 60 -day review period by the Department of Ecology. On a question from Mr. Hoboy, Mr. Munce explained that the Anacortes Airport is subject to an interim Ordinance and most likely will be included in the 2004 annual review items. The Critical Area Ordinance is also on a separate track. Mr. Munce's review and Planning Commission (PC) recommendations are as follows: 1. Revise Comprehensive Plan Transportation Goal 5 (pedestrian links). Planning Commission Chair Mrs. Pickett suggested this design recommendation for Commercial Avenue. PC recommends adoption. 2. Rezone Block 14 of Tuttle Buckley Addition from R2 to Light Manufacturing. Mr. Ed Hawkings proposes a rezone of his property adjacent to airport property to accommodate storage unit facility. PC recommends aaainst characterizing the request as spot zoning. 3. Allowing residential multi -family short-term accommodation in the L M 1 Zone. Mr. Joel Douglas proposes inclusion of hotel and other short-term accommodations in the LM 1 zone with particular emphasis on expansion of golf course facilities. PC recommends against citing that the CBD Zone shall continue to supply the vast majority of commercial services for Fidalgo Island. 4. Add kennels as a Conditional use in the LM 1 Zone. Mr. Ed Little requests adding kennels as a conditional use in the LM 1 zone. Mr. Little owns property in the zone and had hoped to rent it to a non-profit group that trains guide dogs. PC recommends adoption. 5. Revisions to add short cul-de-sac standards. The City's Development Review Group recommends revisions to road standards. These modified standards are proposed as a result of the City's design review for the Wilmoor "J" Avenue short plat and private road access at 24th St. and "J" Avenue. PC recommends adoption. 6. Revise §17.40.020 (Government Sign). This amendment refers to use of directional signs for services. Historically the City has not allowed advertising for a business other than on the business site. The Building Office submitted proposed standards for these directional signs. PC recommends aqainst citing "too much clutter". 7. Eliminate PUD minimum parcel size and reduce application requirements for parcels under 2 acres. The proposal is to drop the 2 -acre minimum requirement. This would allow for development flexibility but design would still subject to Public Hearing and extensive review. PC recommends adoption. 8. Add "cottage housing" provisions to the Zoning Ordinance. This proposal would provide for a density bonus for PUD -type projects in the lower -density residential zones. The Planning Commission suggested that "cottage housing" could be accomplished through the PUD process as amended in # 7. A potential future discussion for "cottage housing" could be an expansion of 181 7January 20, 2004 -- continued the R413 3,000 square foot minimum lots size to other R 4 zones. PC made no recommendation bevond Amendment # 7. 9. Dropping minimum lot widths. Current code requires a minimum lot width at building sites. There are a number of irregular lots in the City and this restriction limits the ability to design structures according to the terrain. PC recommends adoption. 10. Clarification of §17.40.080(F) (Signs/Marquees) Mr. Jamie Harju, Jamie's Signs, suggests review of marquee definition and unique sign considerations. PC made no recommendation. Needs further description. 11. Clarification of §17.28.050 (R 4 minimum lot size). PC recommends adoption. 12. Clarifying §16.16.060 cross references to RCW 58.12. PC recommends adoption. 13. Incorporation to Comprehensive Plan: Draft Fidalgo Bay Habitat Restoration Plan. This Plan is the requirement of several resource agencies to add a habitat restoration plan. PC recommends adoption. 14. Amendment to clarify that an appeal of a building permit would not automatically result in work stopping. As City Attorney, Mr. Munce underscored the necessity to approve this amendment; without it substantial liability issues could be raised. PC recommends adoption. The Mayor then opened the meeting to public testimony. Mr. Michael Broome, Executive Director of the Chamber of Commerce, supported the PC recommendation for Item # 3. He explained that the Chamber suggests that development of this kind be kept to the retail/commercial area of the City. Mr. Ed Hawkings, Burlington, spoke in favor of the rezone of Block 14 (Item # 2). Mr. Hawkings said the property in question is an irregular shape and is adjacent to airport property and would lend itself to LM use. Mr. Curt Oppel, 2803 "B" Avenue, suggested that additional signage would greatly enhance the downtown area and spoke in favor of approving Item # 6. Ms. Linda Sanford, 1901 22nd St., spoke in favor of Item # 7. She also described the advantages of "cottage housing" as a housing alternative and offered to present material on he industry. Ms. Barbara Stephan, 2023 "L" Avenue, spoke in favor of cluster/cottage housing concept. Mr. Don Yankacy, 2023 "L" Avenue, supported the PC recommendation to vote against Item # 3 suggesting that if approved this type of development in the LM 1 zone would signal loss of jobs for the City's business district. Mr. Neal Pyke, 713 St. Mary's Drive, spoke in favor of Item # 8, cottage housing. As a developer he felt that the increased design flexibility would favor both the developer and homeowner. Mr. Curt Oppell, 2803 "B" Avenue, spoke in favor of approving Item # 7. This amendment would provide more of an opportunity for affordable housing and would provide a procedure to plan for environmentally challenged property. He also asked the Council to continue to review "cottage housing" regulations. A discussion followed regarding the definition of affordable housing. Mr. Munce clarified that the Planning Commission did not recommend cottage housing because the same result can be accomplished through the Planned United Development public input process. There were no further comments and the Mayor declared the Public Hearing closed. At approximately 9:30 p.m. Mayor Maxwell announced that the meeting is continued to Friday, January 23, 2004 at 4:00 at the 37th Street cul-de-sac to conduct a site visit relative to the Samish View Final Plat item. No testimony will be taken. At the conclusion of the site visit the meeting will be continued to Monday, January 26, 2004 at 7:30 p.m. for the purpose of conducting a Public Hearing on the City's proposed Critical Areas Ordinance. i -A"41A Geohta' n, it Jerk -Treasurer H. Dean xwell, M or ZCouncilmembe 551r January 20, 2004 -- continued 1818 Continued Meeting of January 20 -- January 23, 2004 At approximately 4:00 p.m. on Friday, January 23, 2004 Councilman Bud Rock initiated the site visit in conjunction with the Samish View Estates Final Plat. Council members and neighbors met at the 37th Street cul-de-sac. Council members present: Loren Hoboy, Nick Petrish, Brad Adams, Cynthia Richardson, and Bud Rock. At approximately 4:30 p.m. Mr. Rock adjourned the site visit. No testimony was taken. Continued Meeting of January 20 -- January 26, 2004 Mayor Maxwell convened the continued meeting of January 20, 2004 at approximately 7:30 p.m. Roll Call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. Ordinance: Library Endowment Fund Council member Christiansen introduced an Ordinance to Council for review and adoption. If adopted the Ordinance would create a fund to receive monies and/or other valuable property donated or bequeathed to assist in creating a permanent source of funds for the Anacortes Public Library. After discussion, Mr. Christiansen moved, seconded by Mr. Rock, to adopt Ordinance No. 2643 entitled "An Ordinance Creating Library Endowment Fund". Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Public Hearinq: Critical Areas Ordinance Mayor Maxwell opened the Public Hearing to take comments on the proposed City of Anacortes Critical Areas Ordinance (CAO). Thanking everyone for attending, the Mayor then discussed the hearing rules of procedure. Mr. Ian Munce, Planning Director, outlined the Planning Commission CAO recommendations. The Mayor then opened up the meeting to public comment. The meeting is on We and filed at Citv Hall. There being no further testimony, at approximately 10:30 p.m. Mayor Maxwell closed the Public Hearing, but allowed for further written comments through February 18, 2004. The matter will be brought back to the Council in Study Session on February 23, 2004. Georg taian, pity Clerk -Treasurer H. Dean Maxwell, May6r �i Councilmember 1819 February 2, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, February 2, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinas Mr. Sizemore moved, seconded by Mr. Hoboy that the minutes of January 20, 2004 and January 26, 2004 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearings No one present wished to testify on matters not on the agenda. Mayor/Council Communication Committee Reports Mr. Sizemore reported: The Port/City liaison committee will meet on February 3, 2004 at 8:30 a.m. in the Mayor's office. The Planning Ad Hoc committee will meet and review the Critical Areas Ordinance. A Water Rights Ad Hoc committee has been formed including Ray Sizemore, Terry Christiansen, and Bud Rock. The annual City fireworks issue will be addressed in Council committee with a recommendation to Council to follow. In conclusion, Mr. Sizemore announced that the meeting room off the Council Chambers is available for community use; scheduling shall be handled through the Parks Department. Mayor Maxwell asked Council to confirm the re -appointment of Mr. Jim Taylor to the Museum Advisory Board. Mrs. Richardson so moved, seconded by Rock. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Mayor Maxwell asked Council to confirm the appointment of Mr. Ian Munce, Planning Director, to the South Fidalgo Planning Committee. Mr. Christiansen spoke against previous action taken by Skagit County Commissioners to prohibit Mr. Munce from serving on this Committee. After discussion, Mrs. Richardson moved, seconded by Mr. Petrish, to confirm Mr. Ian Munce as the City's representative on the South Fidalgo Planning Committee. Vote: Ayes — Adams, Richardson, Rock, Petrish, and Sizemore. No — Christiansen, and Hoboy. Motion carried. Mr. Petrish announced a proposed tour of the City's critical areas. He suggested that concerned citizens affected by this proposed legislation contact the Planning Department to arrange a home visit. To accommodate the site visit the Mayor announced that this evening's meeting will be continued to Friday, February 6, 2004 at 1:00 p.m. for the purpose of conducting a Critical Areas site visit. Samish View Estates: Final Plat Approval Mayor Maxwell introduced a Final Plat application for the Samish View Estates Plat. During a previous meeting on this matter Council delayed decision in order conduct a site visit initiated by an adjacent property owner. That having been accomplished the matter is now before Council for decision. The Public Works Department recommends approval subject to a $20,000 Maintenance Bond. Council members reviewed their site visit findings; discussion included storm drain issues, grade, and elevation calculations. Mr. Petrish introduced a letter from neighbor Mr. Nels Larsen regarding planning parameters. After discussion, Mr. Petrish moved, seconded by Mrs. Richardson, to approve the Samish View Estates Final Plat subject to a $20,000 Maintenance Bond. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Acceptance of AMR Contract Mr. Bob Hyde, Director of Public Works, presented a request to Council for acceptance of the Automatic Meter Reading System as complete. Mr. Hyde reported that the contractor recently repaired some of the meter boxes; the system is fully operational. Anacortes is now one of the few cities in the State of Washington functioning exclusively under an automated meter reading system. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to accept the AMR system installation project as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage now held will be released to the contractor. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Resolution: Grand View Cemetery Policies and Fees Mr. Gary Robinson, Park and Recreation Director, presented the Grand View Cemetery Policies and Fees to Council for review and adoption. The Policies were previously reviewed by Council in Study Session and the document before Council reflects suggested minor changes. Mr. Hoboy said he reviewed the financial structure supporting cemetery activity and suggested that an inflation factor or 5% annual increase be featured in the rate structure. Discussion followed. Mr. Christiansen agreed that a comparison study of endowment rates together with a more frequent review of the Policies and Fees would be appropriate. With that, Mr. Christiansen moved, seconded by Mr. Hoboy, to adopt Resolution No. 1662 entitled "A Resolution Adopting Amendments to the Policies and Procedures of Grand View Cemetery and Amending Fee Schedule and Repealing Resolution No. 1241 and Resolution No. 1415". Mrs. Richardson moved to amend the motion to include an annual fee increase relative to the Consumer Price Index and that the Policies and Fees be reviewed every five years. Mr. Rock seconded the motion. Vote on the amendment: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Vote on the main motion: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. 1820 February 2, 2004 -- continued Acceptance of 2003 "1" Avenue Sidewalks Mr. Bob Hyde, Director of Public Works, presented a request to Council to accept the 2003 "1" Avenue Sidewalk project as complete. The contract was awarded to Finishing Edge Curb & Sidewalk LLC with a final contract price, including sales tax, of $22,486.75. The work was completed according to the terms of the contract and staff recommends acceptance. Discussion followed regarding funding sources and need for additional sidewalks. With that, Mr. Sizemore moved, seconded by Mr. Rock to accept the 2003 "1" Avenue Sidewalk project as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed any retainage monies now held by the City will be paid to the contractor. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mrs. Richardson to approve the following Consent Agenda item. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on January 22, 2004 and January 29, 2004 for payment as of this date February 2, 2004. Claims Warrants for the month of January Warrant Numbers 25433 through 25606 in the total amount of $688,755.72 Pavroll # 1 for January 15. 2004 in the total amount of $417.043.45 Warrant Numbers 24713 through 24786 in the total amount of $77,923.09 Direct Deposit Numbers from 9587 through 9733 in the total amount of $215,591.49 EFT Numbers 262 through 267 in the total amount of $123,528.87 Resolution: SuDoortinco Added Flood Storage on PSE's Baker River Dam Mayor Maxwell introduced a draft Resolution from the Skagit County Board of Commissioners for Council's review and support. The Resolution, entitled "In the Matter of Providing Additional Flood Storage in the Baker River System for the Protection of Skagit County Residents and the Region" will be signed by elected Mayors, County Commissioners, and Dike District Commissioners of Skagit County opposing the operating license of the Baker Project unless additional flood control is provided. Due to the significant floods in the Skagit County System a study was conducted to analyze the hydrology of the Baker River system; it was determined that significant additional flood benefit could be derived from modifying the flood storage and operation of the Baker Project, dams. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Mayor to participate in signing the Resolution. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of a 5-vear Extension of Pleasant Slope Latecomer Aareement Mr. Jeff Miller, Assistant City Engineer, presented a request from Vintage Investments to extend the term of the Pleasant Slope Latecomer Agreement from 10 years to 15 years. The developer makes this request due to the substantial off-site improvements required on this project. Abutting property owners were notified of this action and no comments or requests for a special hearing were submitted. Discussion followed regarding Latecomer policies and general facilities charges. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to amend the Pleasant Slope Development Latecomer Agreement term from 10 years to 15 years. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Sizemore, and Adams. Mr. Petrish abstained. A family member owns property adjacent to this project. Motion carried. Approval of Water Rate Studv Contract Mr. Bob Hyde, Director of Public Works, presented a request to Council to select a consultant to conduct the City's water rate study. The purpose of the study is to provide a comprehensive water rate study and review of the general facility charge for the City ensuring that growth continues to pay for growth. A selection committee reviewed the 6 RFP's received and recommended that the contract be awarded to EES in the amount of $30,404.00. Mrs. Richardson suggested using telephone interviews as part of the consultant selection process. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to award the City's Comprehensive Water Rate Study contract to EES in the amount of $30,404.00. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. At approximately 9:30 p.m. Mayor Maxwell continued the meeting to Friday, February 6, 2004 at 1:00 p.m. in order to conduct site visits relative to the Critical Areas Ordinance. 70/ Ge Khtai n, City Clark -Treasurer H. Dean Maxw 1, Mafjor incilmember 1821 February 17, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday, February 17, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Brad Adams. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinqs Mr. Petrish moved, seconded by Mr. Sizemore that the minutes of February 2, 2004 be approved as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearings No one present wished to testify on matters not on the agenda. Mayor/Council Communication Mayor Maxwell and others recently met with the Governor's Water Policy Advisor to discuss a recent appeal of the City's water rights. The appeal references exempt wells in the upper Skagit watershed — an issue all parties agreed to defer for further discussion. Now litigation is pending regarding the exempt wells and the City's water rights could be jeopardized through this process. The City has encouraged the interested parties, - Skagit County, the Department of Ecology, and the Tribes - to continue a positive dialogue, to continue to negotiate, and to leave the City of Anacortes out of the proceedings. Skagit County Commissioner Don Munks addressed the Council and audience and distributed a handout stating that the Department of Ecology arbitrarily removed a County water right. Commissioner Munks said this litigation could provide some risk to the City; the Mayor and Council encouraged all three participants to continue to work for a resolution without litigation. Mr. Ian Munce, City Attorney, clarified that the Mayor can, through the power of his office, nominate members of Boards and Commissions with confirmation (or not) from Council. The Mayor then introduced his nominee to serve on the Planning Commission. The nominee, Mr. Larry Nelson has lived in and served the community for a number of years. With that, Christiansen moved, seconded by Mr. Sizemore to confirm the nomination of Mr. Larry Nelson to the Anacortes Planning Commission. Ayes — Sizemore, Christiansen, Richardson, Rock, and Petrish. Abstain: Hoboy. Motion carried. Mr. Hoboy reported: Stop signs will be installed in the older part of town; 6 -year school sidewalk plan will be implemented; proposed crosswalk at 32nd St. and "M" will be reviewed. Mayor Maxwell emphasized that pedestrians have the right-of-way and asked drivers to exercise caution and respect. Mayor Maxwell introduced a Proclamation proclaiming February 19, 2004 as the City's celebration of Arts Day 2004. The Proclamation urged all citizens to celebrate the vitality of the arts in our state. 2003 CP and DR Proposed Amendments Mr. Ian Munce, Planning Director, presented a summary of the 2003 Comprehensive Plan and Development Regulation amendments as reviewed previously at a Public Hearing and at Study Session. The categories are as follows: No Action: rezone for mini -storage; motels at March Point; off -premises signs; eliminate PUD minimum parcel size; density bonus for cottage housing; sign/marquee changes. Approval as submitted: kennels as conditional use at March Point; revisions to short cul-de-sac standards; correction RCW 58.12 references; incorporating the Fidalgo Bay Habitat Restoration Plan (Comp Plan); delete 17.10.030(c) Stop Work Order (compliance with state law). Approval with modifications: add as CP Transportation Goal 5(h) "Improve pedestrian crossing opportunities on Commercial Avenue (Comp Plan); eliminate the requirement "Lot width at building (entire building envelope)"; add R4/4A minimum lot size language - "For single-family dwellings the minimum lot size is to be 6,00 square feet. For multi -family the requirement is 6,000 square feet for the first unit, ps and 1,200 for each additional unit. For other uses no minimum is required." Mrs. Richardson distributed a sketch that highlighted the lot width issue with design options, and spoke in favor of # 7 - eliminating PUD minimum parcel size. Mr. Munce explained that the opposing view toward this issue centered on concern for the neighborhood appearance due to excessive infill in the older, established part of town. After discussion, Mr. Rock moved, seconded by Mrs. Richardson to move these items forward for SEPA review and comment and 60 -day notice to state agencies. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Consent Agenda Mr. Rock moved, seconded by Mr. Hoboy to approve the following Consent Agenda item. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 5, 2004 and February 12, 2004 for payment as of this date February 17, 2004. Claims Warrants for the month of January Warrant Numbers 25608 through 25813 in the total amount of $409,887.98 Prewritten Claims for the month of February Warrant Number 25607 in the total amount of $$8,704.85 Pavroll for January 31, 2004 in the total amount of $560,963.04 Warrant Numbers 24787 through 24872 in the total amount of $226,489.75 Direct Deposit Numbers from 9734 through 9842 in the total amount of $212,362.74 EFT Numbers 268 through 272 in the total amount of $12,110.55 February 17, 2004 -- continued 1822 March Point UGA — Position Statement Mr. Ian Munce, City Attorney, explained that the City has a number of complex interlocal agreements in place between each of the cities and County covering Urban Growth Areas (UGA). The County is considering a new approach to development in UGA which might work well in other cities but in our area would allow people to build at rural standards without any annexation requirements; this amendment will not necessarily fit for Anacortes. Mr. Munce suggested that the County could simply cross-reference the City's existing agreement in any future amended agreements with other cities. After discussion, Mr. Hoboy moved, seconded by Rock, to approve a February 9, 2004 letter from the Mayor to the Board of County Commissioners stating the City does not support a change in development standards in the UGA. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Christiansen, and Richardson. Motion carried. Solid Waste Plan: Public Hearing and Next Steps Mr. Sizemore, as one of the principals with Cimarron Transfer and Recycling Co., stepped down from deliberation on this matter. The Mayor then opened the Public Hearing. Mr. Bob Hyde, Director of Public Works, introduced Skagit County senior staff who provided an update of the Skagit County Solid Waste Master Plan. The City is part of this Plan and produces about 7,500 tons of garbage annually taken to the transfer station or 8% of the total waste stream. The station provides for composing and recycling training together with free recycling. Tipping fees are currently at $82.00/ton. Mr. Dave Brookings, Public Works Administrator, Mr. Gary Sorensen, Solid Waste Manager, and Mr. Rich Hvlaka, Consultant with Green Solutions spoke to the solid waste management plan update. Mr. Hvlaka explained that the Plan is an important tool providing guidance for the Council and Cities on how to manage solid waste during the coming years. Discussion followed regarding the financial implication of more than one transfer station. It is anticipated that the Plan will be complete by the end of 2004. Mayor Maxwell asked how the Plan relates to the proposed extension of the 2006-2013 Interlocal agreement. The County stressed that rates would remain stable in the $82-$84/ton range. Questions followed regarding facility upgrades. Mr. Norm Wietting, Cimarron Transfer and Recycling Co. circulated a packet providing details on a proposal to build a private MRF /TS to recycle 50 to 60% of the waste stream. Operation would begin with Waste Management hauled waste — the proposal would offer short or long term contracts with guaranteed prices similar to current County rates. There were no further comments and the Mayor announced that the public hearing would remain open to take public comments for the next 10 days. Electrical Facilitv Siting - Resolution Mayor Maxwell introduced a Resolution for Council review and approval. If adopted, the Resolution of the Anacortes City Council opposes enactment of House Bill 2340 — an Act Relating to Siting Electrical Transmission Under the Energy Facility Site Evaluation Council. Mr. Christiansen explained that under HB 2340 local jurisdiction authority would be removed in the decision making process for the siting of electrical transmission lines and/or facilities. After discussion, Mr. Christiansen moved, seconded by Mr. Rock, to adopt Resolution No. 1663 opposing the enactment of House Bill 2340. Vote: Ayes — Hoboy, Petrish, Christiansen, Richardson, and Rock. Motion carried. There being no further business at approximately 10.00 p.m. Mayor Maxwell adjourned the meeting of Febru 17, 2004. 7 AA" _11naL'111 e ge Khtian, City tIerk-Treasurer Dea xwell, Maygf ouncilmember 1823 1824 March 1, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, March 1, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinqs Mrs. Richardson moved, seconded by Mr. Rock that the minutes of February 17, 2004 be approved as if read. Vote: Ayes — Petrish, Sizemore, Christiansen, Richardson, Rock, and Hoboy. Abstain: Adams. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. Mayor/Council Communication Mayor Maxwell and Skagit County Commissioners were in Washington D.C. last week to explore the alternative of using flood storage in the Lower Baker Dam. They met with representatives from the Federal Energy Regulatory Committee, legislators, and representatives from the Army Corps of Engineers to review energy issues relevant to our area. The Mayor then reported on availability of funding for a police officer position and for transportation projects. Next, there will be a Port/City Liaison committee meeting on March 2, 2004 at 8:30 a.m. at the Port offices. In conclusion, the Mayor shared a letter from Mr. Bill Berry regarding an 11:30 a.m. March 6th food drive for gather non-perishable food donations to help stock the Salvation Army food bank. Mr. Petrish reported on surface oil near the trail southeast of the skate board park; transient activity near the trail; switching equipment as a potential railroad museum piece; English ivy at the "T" Avenue cyclone fence; and street debris in underbrush at 22nd Street. Mr. Sizemore called for a Public Safety Committee meeting with Chiefs King and Curtis together with the City Attorney, Mr. Ian Munce to discuss fireworks. Mr. Christiansen asked that his comments on Skagit County's Draft Solid Waste Management Plan be forwarded to the County prior to the March 19th comment deadline. Mr. Adams recommended that the community take the opportunity to enjoy the Guemes Channel Kiwanis Park - a tremendous spot to view and appreciate the Channel. The Mayor reported that the parking issues at the Park will be brought to Council for further review. Conservation Easement Proqram: Grove Requests — Final Review/Acceptance Mr. Jonn Lunsford, Parks Department, presented a request to Council for approval of 60 acres to be protected through the Conservation Easement Program. Mr. Lunsford reported that 50 acres are in the form of 5 -acre groves and the other 10 acres are in the area northeast of Whistle Lake. Approval of these 60 acres would bring the total number of acres conserved through the Conservation Easement program to 605. Mr. Christiansen suggested that more attention and support be given to the acreage in the interior of the forestlands. After discussion, Mrs. Richardson moved, seconded by Mr. Sizemore, to place a conservation easement on 60 acres as described in a January 14, 2004 memorandum from the Parks Department. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried Consent Aqenda Mr. Rock moved, seconded by Mr. Hoboy to approve the following Consent Agenda item. Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, Sizemore, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on February 19, 2004 and February 26, 2004 for payment as of this date March 1, 2004. Claims Warrants for the month of February Warrant Numbers 25814 through 25981 in the total amount of $1,301,379.21 Pavroll for February 13, 2004 in the total amount of $394.216.59 Warrant Numbers 24875 through 24948 in the total amount of $70,741.75 Direct Deposit Numbers from 9899 through 100466 in the total amount of $207,213.48 EFT Numbers 273 through 276 in the total amount of $116,261.36 In the same motion Council adopted Resolution No. 1664 setting April 5, 2004 as the Public Hearing Date on a Petition to Vacate a portion of "H" Avenue 1825 March 1, 2004 — continued Public Hearinq: Vacation of Portion of Allev — Morton Avenue - Allen Mayor Maxwell opened the Public Hearing on a Petition to Vacate a 6' portion of the alley abutting Lots 5-8, Block 11 of the First Plat of Ship Harbor. Mr. Tom Allen submitted the Petition. Mr. Bob Hyde, Director of Public Works, used an overhead display to highlight the street grid and previous right-of-way vacations in the Morton Avenue area. Mr. Hyde pointed out that the other half of the alley was previously vacated. The Board of Adjustment held a Public Hearing on this item and recommended approval. Public Works and Engineering staff do not find any need for this alley in the future. Mr. Allen provided a handout showing his proposed new lot layout should the alley be vacated. There were no comments from the audience and the Mayor declared the Public Hearing closed. Mr. Rock posed a question regarding future development of Pacific Avenue and Mr. Hoboy asked if a development strategy for this area was available. After discussion, Mrs. Richardson moved, seconded by Mr. Adams, to approve the vacation of a 6' portion of the alley abutting Lots 5-8, Block 11 of the First Plat of Ship Harbor. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Acceptance of Svnthetic Turf Installation at Volunteer Park Mr. Gary Robinson, Parks and Recreation Director, presented a request to Council to accept the work on the installation of synthetic turf at the Community Fastpitch/Little League field as complete. With that, Mr. Christiansen moved, seconded by Mr. Rock, to accept the synthetic turf project awarded to Field Turn International, in the final cost amount of $181,124.75, as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed retainage monies now held will be paid to the contractor. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. At approximately 8:45 Mayor Maxwell continued the meeting of March 1, 2004 to Monday, March 8, 2004 at 7:30 p.m. for the purpose of (1) Rural Water Service Decision: 6535 Whistle Lake Road; (2) CDBG Consultant Selection; (3) Ordinance regulating rights of ways adjacent to the Anacortes Community Forest Lands. G70 Khtaiafh, City`�t ' -Treasurer H. Dean—;Maxwell, Mayor Councilmemkier 1826 Continued Meeting of March 1, 2004 -- March 8, 2004 Mayor Pro -Tem Sizemore called the continued meeting to order at 7:30 p.m. Roll Call found present: Councilmembers Ray Sizemore, Nick Petrish, Cynthia Richardson, Terry Christiansen, Loren Hoboy, and Brad Adams. Absent: Mayor Dean Maxwell and Bud Rock. Rural Water Service: 6536 Whistle Lake Terrace The Planning Director, Ian Munce, explained that this was a request for water service to a small lot just outside the current city limits. Mr. Munce pointed out that the City Comprehensive Plan seeks to have an average density on South Fidalgo Island of 2 '/2 acres and that small lots such as this are certainly contrary to this objective. Mr. Munce added that without City water service lots would most likely need to be a minimum of 2 acres in size. Additionally, the City has a process to review water hookups on a case by case basis. This lot does not meet either of the City's two basic criteria, namely at least 2 '/z acres in size or platted by the County since their platting ordinance was approved in 1965. Mr. Doug Jones, the applicant, pointed out, though, that he did have a form signed by the responsible official in the Public Works Department saying that water was available. He simply was not aware of the fact that a second signature, one from the Planning Department, was necessary. Mr. Munce responded that the form could certainly be clearer and that the City was responsible in that the form should never have been released without completing the Planning Department's portion of the review. The Council generally agreed upon the need to set some firmer parameters as to water service provision, particularly given the direction that the County is going in its latest lot desegregation proposal. However, the Council felt that Mr. Jones should not be snarled up in this issue. Accordingly, Mr. Christiansen moved that the approval be given to water service to 6536 Whistle Lake Terrace. The motion was seconded by Ms. Richardson and passed unanimously. CDBG Consultant Selection The Planning Director explained that the City was now eligible to receive $128,000 per year in federal Community Development Block Grant monies from the Department of Housing and Urban Development. These monies are targeted for low income residents of Anacortes and in order to receive them the City has to have a HUD approved Consolidated Plan. Mr. Munce added that there is a great deal of detail and precise requirements involved with this Plan. Accordingly, he had solicited proposals from two qualified experts in the field. These proposals have been submitted to the Council for review. Mr. Munce recommended that the proposal by Paul Schissler & Associates be accepted. After discussion, Mr. Hoboy moved to authorize the Mayor to enter into a contract with Paul Schissler & Associates. The motion was seconded by Mr. Petrish and passed unanimously. Ordinance: Regulating Rights-of-Wav Adiacent to the Anacortes Communitv Forest Lands (ACFL) Mr. Munce explained that this ordinance was designed to ensure that rights-of-way adjacent to the ACFL would only be encroached upon for road or utility purposes. The ordinance requires City approval before any activities occur on these rights-of-way. Mr. Munce added that adoption of this ordinance should provide more control over these rights-of-way and provide an additional buffer to portions of the ACFL. After discussion, Mr. Christiansen moved that Ordinance #2644, entitled "An Ordinance Regulating City Rights -of -Way Adjacent to the Anacortes Community Forest Lands (ACFL), be adopted. The motion was seconded by Ms. Richardson and passed unanimously. Resolution: Water Riqhts The Planning Director presented a resolution explaining some of the significant history regarding the 1996 Memorandum of Agreement on water rights and the subsequent instream flow rule adopted by the State Department of Ecology. The resolution goes on to encourage the City negotiators to reach settlement with the other parties in upcoming negotiations on a challenge to the rule raised by Skagit County, and commits the City to defensive legal action in the event that these negotiations are not fruitful. Councilmembers expressed their strong support for both a negotiated settlement and for an aggressive approach to defending our water rights if the negotiations are not successful. Ms. Richardson moved that Resolution #1665, entitled "A Resolution of the City Council of the City of Anacortes Relating to Cooperative Government Relations; Addressing Current Process for Review of Department of Ecology; Skagit River Instream Flow Rule", be adopted. The motion was seconded by Mr. Hoboy and passed unanimously. The meeting adjourned at approximately 8:45 p.m. ,K&6e taian, Citi Clerk -Treasurer H. can ell, Mayor jCouncilmember 1827 March 15, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, March 15, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetings Mr. Hoboy asked that the following sentence, mid -page 1 be stricken: 'U. Heboy suggested " With that correction, Mr. Sizemore moved, seconded by Mr. Hoboy, to approve the minutes of March 1, 2004 and March 8, 2004. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Mr. Rock abstained from voting on the minutes of March 8th. Motion carried. Citizen Hearings No one present wished to testify on matters not on the agenda. Mayor/Council Communication Mayor Maxwell introduced the most recent recipient of the Mayor's Award of Merit, Mr. Larry LaRue. Mr. LaRue has been nominated by his supervisor and co-workers to receive this award based on his outstanding and diligent performance in the operations department. The Mayor further shared that in addition to assuming responsibility for over 300 pieces of City equipment, Mr. LaRue is a great team leader. In appreciation, the Mayor presented Mr. LaRue with a gift certificate to a local restaurant together with a commemorative plaque. The Mayor then turned to a Proclamation proclaiming March 15-21, 2004 as School Retirees Appreciation Week. The City recognizes the many ways in which the Washington State School Retirees Association (WSSRA) promotes group and individual retiree involvement in charitable projects, activities, and scholarships. The Mayor reported on the status of the partnership program between the Anacortes School District and the Big Brothers/Big Sisters of Northwest Washington. There will be an information meeting on March 17, 2004 from 3-4 p.m. at the Island View Elementary School music room. The Mayor emphasized that this is an excellent mentoring program. The Port/City liaison meeting will be at 8:30 a.m., March 16th at the Port office; the Public Safety meeting will be at 8:30 a.m., March 19th at the Police Department. Mr. Petrish discussed the English ivy menace in the forestlands. He referenced a recent newspaper article highlighting volunteer programs that have been successful in subduing this infestation. Mr. Petrish suggested that the parks department staff organize a meeting to gather a volunteer force to rid the forestlands of this unwelcome visitor and threat to the local environment. The Mayor suggested that the Friends of Washington Park and Rotary Club coordinate their efforts in this regard. Mr. Sizemore received a request from Mr. Bill Berry, KLKI Radio for a tourism fund grant to help defray the costs for the first annual Anacortes Jazz Festival to be held September 17th through the 19th of this year. The proposal is for a $15,000 grant with a total projected project budget of $110,000. The Chamber of Commerce supports the event. This mid-term funding request will be reviewed by the Council Tourism Committee. (Mr. Petrish, Mrs. Richardson, and Mr. Sizemore are Committee members.) Mrs. Richardson asked that a tourism fund summary be provided prior to this meeting. Extend Airport Interim Ordinance Mr. Ian Munce, City Attorney, prefaced his remarks with extending appreciation to the Port of Anacortes for dropping the lawsuit against the City regarding the Airport issues. During the difficult negotiation period the Council adopted an Interim Zoning Ordinance for the Airport that included standards for following the Airport Master Plan for permitted uses; setbacks; height limitations; and landscaping requirements. Mr. Munce explained that interim measures are in effect for six months with six-month extension cycles. The Ordinance now before Council is the first extension request; in light of the new cooperative spirit between agencies, it is hoped that the City and Port will move forward on Port land use planning and zoning issues. The extended ordinance will remain in effect until September 29, 2004. Mr. Munce noted that a Public Hearing will be held on April 5th to take public comments on the merits of Council action to extend the Interim Ordinance. With that, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2645 renewing the Interim Zoning for Port -owned, Light Manufacturing zoned property at the Anacortes airport until September 29, 2004. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. March 15, 2004 -- continued Interlocal Aqreement — Stevenson Road Sewers Mr. Ian Munce, Planning Director, presented a proposed interlocal agreement between the City of Anacortes and Skagit County to use countywide economic development monies to assist the City in extending sewer from Reservation Road out along Stevenson Road. So far one developer has contributed for this project and the City will work on other contributions and a latecomers fee to make up the balance of the funding for construction in 2005. After discussion, Mrs. Richardson moved, seconded by Mr. Adams, to authorize the Mayor to enter into an Interlocal Cooperative Agreement between Skagit County and the City of Anacortes. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 4, 2004 and March 11, 2004 for payment as of this date March 15, 2004. Claims Warrants for the month of March Warrant Numbers 25983 through 26171 in the total amount of $648,227.43 Prewritten Claims for the month of March Warrant Number 25982 in the total amount of $110.00 Pavroll for February 27, 2004 in the total amount of $563,869.16 Warrant Numbers 24950 through 25038 in the total amount of $222,653.76 Direct Deposit Numbers from 10047 through 10156 in the total amount of $218,478.53 EFT Numbers 277 through 281 in the total amount of $122,736.87 In the same motion Council adopted Ordinance No. 2646 vacating a portion of the alley in Block 11, First Plat of Ship Harbor Addition to the City of Anacortes. Requested Amendments to the Baraka Conditional Use Permit (Marina at Dakota Avenuel Mr. Ian Munce, Planning Director, introduced a request to modify a Council -approved Conditional Use Permit for residential use as part of the Dakota Avenue Marina project (a shoreline permit was also issued for this project by the Planning Commission). The Conditional Use permit was granted subject to a number of conditions and the proponent, Mr. Gale Brink, project manager, has come back before the Planning Commission and Council with modifications to the original proposal. By way of background Mr. Munce explained that Gateway is a marina proposal with accessory office building, some overnight accommodations, residences, public access, and street improvements. The project originally planned to be used as a base for shipping passengers and goods to the islands. With recent sweeping changes in environmental legislation the federal review of this project has taken longer than anticipated and some initial contributors have withdrawn support. Mr. Brink then stepped forward to summarize the proposed changes to both the Conditional and Shoreline permits. The Planning Commission scheduled a site visit for Wednesday, March 17th at 4:00 to review the site with deliberation later that evening. The Council may wish to attend the site visit as well. Mr. Gale D. Brink, Manager, Baraka, LLC then addressed the Mayor and Council using a series of overhead displays to reacquaint the Council with the marina project. He also explained that during the long permit review process market demand for marina slips has changed from those originally proposed. Seventy to ninety foot slips are now in demand together with an increased interest in larger condo sites and office space. Mr. Brink suggested that the mix of uses that will eventually take shape might influence Phase II Public access requirements. Mr. Brink then highlighted the 35' height design. Also, the second level parking has been eliminated. Mr. Munce then highlighted the significant road improvement issues. Mr. Brink reviewed the east side sidewalk and parking requirements. He suggested that the change in use at the marina complex could reduce the need for all the required street improvements. Mr. Bob Hyde, Director of Public Works, explained that the current access is marginal at best; a required major improvement on such a tight area will be a bigger throat at the intersection of Oakes and Dakota. The project has already been granted some relief with a 28' wide road width versus the City standard of 32'. Also, for safety reasons residential and pedestrian access must be protected along the street. Mr. Munce emphasized that during the hearings on this project intensive public hearing testimony was given on these very safety and access issues. At approximately 8:45 Mayor Maxwell continued the meeting of March 15, 2004 to Wednesday, March 17, 2004 at 3:50 p.m. for the purpose of conducting a site visit in conjunction with the 1829 March 15, 2004 -- continued the site visit the meeting will again be continued to Monday, March 22, 2004 at 7:30 p.m. in order to continue Council deliberation on the Dakota Avenue Gateway Marina modifications and to determine next steps on the County Solid Waste Transfer Station Revised Draft Interlocal Agreement Proposal. eorge hK taian, City Clerk -Treasurer U H. Dean Maxwell, Maygf v ' Counci Ynember / Continued Meeting of March 15, 2004 March 22, 2004 Mayor Maxwell opened the continued City Council meeting of March 15 at 7:30 p.m. Roll call found present: Councilmembers Terry Christiansen, Nick Petrish, Cynthia Richardson, Loren Hoboy, Brad Adams, and Bud Rock. Absent: Ray Sizemore. There were two action items on the agenda: Interlocal Aareement for Solid Waste Manaaement Mayor Maxwell and Mr. Bob Hyde, Public Works Director, explained that this item involves a proposed extension of the City's current Interlocal Agreement for solid waste management with Skagit County. They pointed out that the agreement had been completely restructured in order to provide for more participation by cities, including the City of Anacortes. The proposed agreement would replace the previous Interlocal Agreement entered into in 1986 in its entirety; the agreement would run for a 10 -year period from execution by all of the parties. Mayor Maxwell emphasized that the more important part of this revised and extended agreement was that it should maintain the recent stability that the City has experienced relative to tipping fees. After discussion, Mr. Hoboy moved that the Mayor be authorized to sign the proposed Interlocal Agreement for solid waste handling. The motion was seconded by Mr. Petrish. Vote: Ayes — Petrish, Richardson, Hoboy, Adams, and Rock. No — Christiansen. The motion carried. Baraka Conditional Use Permit (Marina at Dakota Avenuel The Planning Director, Ian Munce, presented a summary of the changes requested by Baraka, together with the Planning Commission's recommended revisions. Mr. Munce explained that a site visit had been held and that the neighbors had been consulted. After discussion, Ms. Richardson moved that the conditional use permit be amended as recommended by the Planning Commission with the following two additions: (1) "Parking arrangements shall be reviewed and approved prior to each building permit being issued"; and (2) the "substantial development" requirements of the State Shoreline Management Act shall be adhered to. The motion was seconded by Mr. Christiansen and passed unanimously. There being no further regular business to conduct, the continued meeting was adjourned at approximately 8:45 p.m. G " rge K tali ian, City Clerk -Treasurer H. Dean Maxwell, Ma ' r i� Councilmember 1830 April 5, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, April 5, 2004 to order. Roll call found present: Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Mr. Hoboy entered the Council Chambers during Mayor/Council Communication. The Mayor announced that an item has been added to the agenda: 5 c. under Unfinished Business: Public Hearing: Interim Airport Zoning Minutes of Previous Meetinqs Mr. Sizemore moved, seconded by Mr. Rock to approve the minutes of March 15, 2004 and March 22, 2004 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. Mayor/Council Communication. Mr. Chris Borgen, Director of Learning and Instruction, Anacortes School District, thanked the Mayor and Council for the City's partnership and support of the School District's programs. Mr. Borgen provided an update on the School District's April 27th levy. After the first levy failed the School Board responded to community concerns and adjusted the levy to $1.58/thousand over a 2 -year period. Mr. Rick Yoeman, parent representative, added that the levy would provide 20- 25% of the annual district budget — monies crucial to provide programs and assistance needed by the students. Mr. Yoeman then highlighted the positive changes in the upcoming levy and discussed how Anacortes' levy compares with other districts. He further underscored that Anacortes students score high in overall academic testing. Mr. Borgen encouraged anyone with questions to please call him at the District office at 293-1200 or go to www.anacorteslevv.com for links to state reports and additional information. Mayor Maxwell announced that there will be a Port/City Liaison Committee meeting on Tuesday, April 6th, 8:30 a.m. in his office. Mr. Sizemore will be bringing the doughnuts. The Mayor then turned to a recommendation from Museum Director Garry Cline and Museum Liaison Alexander Dunn to appoint Daphne A. Ghan and Mark Allred to the Anacortes Historic Preservation Board. The Mayor and Council reviewed the four applications for the two board openings. After discussion Mr. Sizemore moved, seconded by Mr. Petrish, to confirm the appointments of Daphne A. Ghan and Mark Allred to the Anacortes Historic Preservation Board. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. The Council also considered a recommendation by the Mayor to appoint Mr. Rob Seip to the Parks and Recreation Advisory Board. The Council received a copy of Mr. Seip's letter of interest in their Council packet. After discussion, Mrs. Richardson moved, seconded by Mr. Rock, to confirm the appointment of Mr. Rob Seip to the Parks and Recreation Advisory Board. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. The Mayor read a Proclamation proclaiming April 18-24, 2004 as National Volunteer Week. Statistics calculate the value of volunteer time at $16.24 per hour (2002 figures). In 2003 two hundred and fifty Anacortes citizens contributed over 20,000 hours (representing $330,800) of community service. Mrs. Richardson offered an opportunity for volunteers at Kiwanis Waterfront Park pulling weeds from 9:00 a.m. through 4:00 p.m. on Thursday April 8th. The next Proclamation proclaimed April 14, 2004 as the City of Anacortes celebration of Arbor Day. There will be a tree planting ceremony at 2:45 p.m. at Island View School on the 14th. The third Proclamation of the evening proclaims the month of April 2004 as Disability Accessibility Awareness month. The hope is to continue efforts to remove the barriers that prevent people with disabilities from realizing their full potential and achieving their dreams. In that regard, Mr. Carlo Magno, an individual learning to live with Multiple Sclerosis will be driving his electric wheelchair conveyance 4,300 miles across the country helping to educate in the fight against Multiple Sclerosis. Mrs. Richardson pointed out a recent improvement to Washington Park providing for easier access. Mr. Christiansen reported on the Sprang Clean-up Day, Saturday, April 10th, 9: a.m. to 4:00 p.m. Downtown cleanup will be on April 17 . 1831 April 5, 2004 -- continued Ordinance: GMA Compliant Parameters for Providinq Water Service in the Citv's Retail Water Service Area Mr. Ian Munce, City Attorney, presented a Draft Ordinance for Council review and adoption. Previously discussed in Study Session, this Ordinance would clarify for lot owners on South Fidalgo Island under what specific circumstances the City would extend water service to their area. The conditions are: (section 1) the Lot of Record, as defined by Skagit County, meets the minimum size requirements under County Zoning; (section 2) a substandard Lot of Record was properly platted under Skagit County Subdivision Ordinance No. 3787 or under any successor subdivision ordinance adopted by the County thereafter; and (section 3) a substandard Lot of Record has a written approval from the City for a water connection that pre -dates this Ordinance. Mr. Christiansen suggested that the County Zoning reference in section 1 should include the word "current". Discussion followed regarding Fidalgo Island development and its impact on the City's infrastructure. Mr. Hoboy offered language changes to paragraph 3 as follows: "Whereas the City wishes to strongly discourage a system of lot disaggregation that can only encourage a proliferation of small lot development outside the City limits." Mr. Munce then suggested amending section 1 as follows: "The Lot of Record, as defined by Skagit County, meets the minimum size requirements under current County Zoning, or as hereafter amended." With those clarifications Mr. Hoboy moved, seconded by Adams, to adopt Ordinance No. 2647 entitled "An Ordinance Establishing GMA Compliant Parameters for Providing Water Service in the City's Retail Water Service Area." Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Credit Card Ordinance Mr. George Khtaian, Finance Director, presented an Ordinance to Council for review and adoption. If adopted the Ordinance would authorize acceptance of payment by credit cards for City imposed charges. This matter was reviewed by Council in Study Session on March 22, 2004. Mr. Khtaian announced a June 1St implementation date. In response to questions from Council, Mr. Khtaian suggested that the use of credit cards only is the best first step; debit cards and Internet capability can be reviewed at a later date. After discussion, Mr. Christiansen moved, seconded by Mr. Sizemore to adopt Ordinance No. 2648 entitled "An Ordinance Authorizing Acceptance of Payment by Credit Cards for City Imposed Charges (rates, fees, permits, licenses, fines, ...)." Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Public Hearing: Interim Airport Zoninq Mayor Maxwell opened the Public Hearing to take comments on an action taken by Council to adopt an Interim Airport Zoning Ordinance. Interim Ordinances are effective in six-month increments. Council approved a six-month extension to the Interim Ordinance thereby allowing for work to continue with the Port Commission and public to come to a conclusion regarding airport zoning language. This action to extend the interim ordinance triggered the public hearing requirement to allow for public comment or objection. The Hearing Notice was advertised in the Anacortes American. There were no comments from the audience and the Mayor declared the Public Hearing closed. Consent Aqenda Mr. Christiansen moved, seconded by Mrs. Richardson to approve the following Consent Agenda items. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on March 18, 2004, March 25, 2004 and April 1, 2004 for payment as of this date April 5, 2004. Claims Warrants for the month of March Warrant Numbers 26173 through 26445 in the total amount of $751,028.66 Prewritten Claims for the month of March Warrant Number 26172 in the total amount of $140,283.28 Pavroll for March 15, 2004 in the total amount of $398,114.66 Warrant Numbers 25039 through 25117 in the total amount of $69,499.80 Direct Deposit Numbers from 10214 through 10363 in the total amount of $211,500.35 EFT Numbers 282 through 285 in the total amount of $117,114.51 Pavroll for March 31. 2004 in the total amount of $606.717.48 Warrant Numbers 25119 through 25210 in the total amount of $220,378.03 Direct Deposit Numbers from 10364 through 10533 in the total amount of $221,338.43 EFT Numbers 263 through 290 in the total amount of $165,001.02 1832 April 5, 2004 -- continued In the same motion Council accepted the Kiwanis Guemes Channel Park project (Ohno Construction) 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 released to the contractor. Council also accepted the "G" and "H" Avenue turning lane portion of the 12th Street widening project (Colacurcio Brother Construction, Inc.) 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 released to the contractor. Award Contract for 2004 CBD Sidewalk Replacement Mr. Gary Barnett, Assistant City Engineer, introduced the Commercial Business Sidewalk Replacement project for this year. The project is part of a multi-year sidewalk replacement program along Commercial Avenue through the Central Business District. This year's work will be done between 4th Street and 5th Street and will continue in the same approved style. The east side of Commercial will be constructed in April and the west side will be constructed in October. Two bids were received for this project with Island Construction, Oak Harbor as the low bidder in the amount of $183,087.00. Mr. Barnett pointed out that a "security" bid item has been added to the contract. This will allow the contractor to pay for full time security at night to protect the concrete from vandalism. (There was a high rate of vandalism on last year's replacement project.) After discussion, Mr. Rock moved, seconded by Mrs. Richardson, to award the 2004 CBD sidewalk replacement project to Island Construction in the amount of $183,087.00. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Public Hearinq/Ordinance: Vacation of Portion of `H" Avenue — City of Anacortes Mayor Maxwell opened the Public Hearing on a Petition to Vacate submitted by the City of Anacortes for the vacation of a portion of "H" Avenue abutting Block 10, Lot 11 of the Pleasant Slope Addition to the City of Anacortes. Mr. Gary Barnett, Assistant Engineer, used an overhead display to highlight the "H" Avenue right-of-way in relationship to the Pleasant Slope Addition and a 2 -lot short plat submitted by the City of Anacortes on behalf of Bart and Elizabeth Evans. This land transaction is necessary to secure right-of-way for the 28th Street connection between "G" and "H". The request before Council is to approve the vacation subject to the successful negotiations between the City of Anacortes and Bart and Elizabeth Evans. Should the vacation be approved the remaining right-of-way would be 76' — more than enough to construct the proposed road improvements for the Pleasant Slope Addition. The Board of Adjustment held a Public Hearing on this matter and recommended approval of the vacation. There were no comments from the audience and the Mayor declared the Public Hearing closed. With that, Mr. Sizemore moved, seconded by Mr. Rock, to vacate that portion of "H" Avenue abutting Block 10, Lot 11 of the Pleasant Slope Addition, and to adopt Ordinance No. 2649 formally vacating the right-of-way. Vote: Ayes —Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Mr. Petrish abstained from the vote on this matter. Closed Record Meetinq: "H" Avenue Mitigation Conditional Use Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use Application submitted by the City of Anacortes to relocate a section of Ace of Hearts Creek to accommodate realignment of "H" Avenue. All transcripts and exhibits were forwarded to the Council prior to this meeting. By way of background, Mr. Ian Munce, Planning Director, explained that the City was successful in securing grant funding to upgrade "H" Avenue from 32nd Street to 41St Street including the intersection at 41St. The proposal is to have parking, full city street, and sidewalks on both sides. In its current condition "H" Avenue provides for hazardous conditions for all forms of transportation. The necessary conditional use permit is to address where the road and stream meet to relocate part of the stream and if necessary to put part of the stream in a culvert. Using overhead displays, Mr. Munce described adjacent development designs in relationship to the stream. He then drew attention to one section of ditch adjacent to 3 silver birch trees. Alternatives are to remove the trees in order to move the stream to the west or to put that section of the stream in a culvert. The Planning Commission held a Public Hearing on the Conditional Use application. At the hearing it as noted by Mr. Bob Hyde, Public Works Director, that this project is fundamentally a safety/highway/sidewalk project and does meet the minimum requirements for mitigation. The conditional use application comes to Council with a Planning Commission recommendation for approval subject to conditions. Separate from that action, the Commission asked that Council investigate costs for a solution to the birch tree situation.. Mr. Tom Glade, Evergreen Islands, appellant, addressed three issues: quality of water going to Ace of Hearts Creek; culverting part of the Creek; and long-term planning of "H" Avenue storm drain improvements. In that regard, Mr. Glade offered another configuration project layout. Mrs. Margaret Studer, Evergreen Islands, spoke in favor of the safety amenities provided by this project but suggested that the proposal does not meet the 1:1 minimum mitigation ratio. Mrs. Studer also asked that a site-specific planting and monitoring plan be filed for public review and comment. 1833 April 5, 2004 -- continued Mr. Ross O. Barnes, 1004 7th Street, appellant, discussed separating storm drainage flow from the creek at the 41St and "H" Street intersection and offered alternatives. He then discussed calculations for mitigation and offered his figures. Mr. Barnes also encouraged Council to seek funding to complete the restoration work at the 41St St. intersection. In inclusion Mr. Barnes suggested that the City develop a stream restoration plan from south of 41St street north and offered alternative proposals. Council discussion followed regarding easements and the City's commitment to restoring streams and protecting the environment. Mr. Hoboy suggested cantilevered sidewalks and use of a bridge to cross the wetland; proposed alternative line placement; and discussed costs for continuing sewer line interconnection. Mr. Munce said that these very issues were reviewed by the Planning Commission and will be incorporated into City staff's design discussions. In summary, Mr. Munce characterized development issues to be investigated by staff: the issue of sidewalk/ditch/birch trees; can the ditch crossing can be done with a bridge rather than a culvert; can the stream be turned west in the direction of water flow from the existing creek; and can the stormwater system be continued along the east side of "H" Avenue. Following discussion Mr. Sizemore moved, seconded by Mr. Christiansen to deny the appeals. Vote: Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the Conditional Use Application for the "H" Avenue street improvement mitigation. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, and Petrish. No — Hoboy. Motion carried. Mark Frost Wetland Mitiqation Conditional Use: Withdrawn/Update Mr. Ian Munce, Planning Director, referenced a recent Conditional Use application submitted by Mr. Mark Frost for wetland encroachment mitigation at the Frost Business Park project, 8232 Highway 20. Mr. Frost expanded an existing driveway without proper permits; subsequently he applied for a conditional use permit to maintain that driveway and expand it further. The Planning Commission recommended denial of that proposal and strongly suggested that Mr. Frost develop an entrance from the east of his property. A 60 -day penalty grace period has been extended to Mr. Frost during which time he has an opportunity to submit plans for a new entrance and wetland encroachment mitigation. One potential option for mitigation could be removal of the entire driveway. Ordinance Amendments (3): Speed Limits/Parking Police Chief King presented three amendments to three separate ordinances relative to the City's traffic code. (1) Ordinance No. 2650 amending the Anacortes Municipal Code Chapter 10.08.020, "Speed Limits" in School Zones. The speed limit on those designated streets shall be 20 miles per hour between the hours of 7:00 a.m. and 4:00 p.m. on weekdays. (2) Ordinance No. 2651 amending the Anacortes Municipal Code Chapter 10.12.030, "Prohibited Parking" in the 1700 Block of 6th Street. No person shall park a vehicle or trailer in the 1700 block of 6th Street on either side of the street between "H" Avenue and''T' Avenue. (3) Ordinance No. 2652 amending the Anacortes Municipal Code Chapter 10.12.030 "Prohibited Parking" at the east end of West 6th Street. No person shall park a vehicle or trailer in the 3400 block of West 6th Street. Mr. Sizemore reported that the Council Public Safety committee reviewed the amendments and recommends approval. After discussion on placement of signs and effective hours Mr. Sizemore moved, seconded by Mr. Rock, to adopt the three Ordinances 2650, 2651, and 2652 amending the City's traffic code. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Tourism Fund Grant and Amendment The Council Tourism Committee presented a recommendation to approve an amendment to the contract between the City of Anacortes and the Depot Arts Center for the "Garden Art Fair" advertisement in the amount of $4,000. Additionally, the Committee recommends approval of the Chamber of Commerce request for $10,000 for promotion of the Jazz Festival slated for later this year. These are out -of -funding cycle requests. The Mayor reported that the funds for the City's 125th birthday celebration to be held during the 4th of July festivities will come from the General Fund. With that, Mr. Christiansen moved, seconded by Mr. Hoboy, to approve the Deport Art Center contract amendment and the Chamber of Commerce jazz festival funding request. Vote: Ayes — Richardson, Rock, Hoboy, Sizemore, Adams, and Christiansen. Mr. Petrish abstained from voting on the Depot issue. Motion carried. There being no further business the Mayor adjourned the meeting of April 5, 2004 at 10:00 p.m. c4orr e K t�h aian, City Clerk -Treasurer Y H. Dean Maxwell, Mhor Councilmember 1834 April 19, 2004 At 7:00 p.m. Mayor Maxwell called the Special Meeting of the City Council to order. Roll Call found present: Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Loren Hoboy and Nick Petrish. The Council then convened in Executive Session for an update on the Police Contract negotiations. At approximately 7:30 the Executive Session was concluded and the Special Meeting adjourned. At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, April 19, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Rock to approve the minutes of April 5, 2004 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearincis Ms. Sara Ferrier, 3308 Field Avenue, introduced herself as a student at Skagit Valley College. As part of her speech class/group observation project Ms. Ferrier circulated a questionnaire for Council participation. Mar!/Council Communication, Mayor Maxwell introduced the most recent recipient of the Mayor's Award of Merit, Ms. Niomi Fredrickson. Mayor Maxwell thanked Ms. Fredrickson for her dedication and professional approach toward her responsibilities as Accounting Technician II in charge of utility billing. The Mayor stressed her positive, fair, and flexible treatment of utility customers all the while protecting city ratepayer dollars. As part of this award, Ms. Fredrickson received a $75.00 gift certificate to a local restaurant. Niomi accepted the award to applause from the Council and audience. Mayor Maxwell then submitted a resume from Carolann Copps for the Anacortes Museum Advisory Board opening. The Advisory Board and Museum Director recommend appointment of Ms. Copps. Mrs. Richardson moved, seconded by Mr. Christiansen, to confirm the nomination of Ms. -Carolann Copps to the Anacortes Museum Advisory Board. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. The Council reviewed the Shipwreck Daze and Anacortes Waterfront Festival street fair applications. City staff recommends approval of both street closure requests. Mrs. Richardson moved, seconded by Mr. Sizemore, to approve the street closure applications for the Shipwreck Daze Street Fair, July 17, 2004 and the Anacortes Waterfront Festival, May 22nd and 23rd subject to parking and sanitation service conditions established by staff and applicants. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. "H" Avenue Mitigation: Options Mr. Bob Hyde, Director of Public Works, reported on staff research of four design options for the "H" Avenue widening project. Council approved the Conditional Use Permit application for the wetland mitigation portion of the project. During the Council discussion staff was encouraged to provide costs for four design alternatives. Option 1: Eliminate the pipe at the birch tree area, keep the stream open, retain the birch trees, and cantilever the sidewalk over the stream — estimated cost $48,000 requiring consultation with the Department of Fish and Wildlife (DOFW) for permit amendment and causing delays to the project. Option 2: Construct a bridge at the entrance to the Nelson property instead of a 36 -inch culvert — estimated cost $38,500 requiring consultation with the Department of Fish and Wildlife for permit amendment and delays to the project. Option 3: Reorient Ace of Hearts Creek to the southwest and construct a culvert under 41St Street to connect to the existing creek channel south of the road — estimated cost at $48,000 with project schedule delayed to obtain approval from DOFW. Option 4: Capture storm drain runoff in pipes from approximately 1.3 acres of road surface from 41St Street east and west of "H" Avenue and direct it to a regional water quality treatment facility — estimated cost $24,000 with no delay to the project's schedule. The Mayor pointed out that there is an artesian well on the Haynes property making realignment at that location problematic. Also, once development to the south and west occurs City staff will try to encourage Option 3. Option 4 can be accomplished without losing the summer construction window. After discussion Council concurred that while it may not be feasible to pursue Options 1-3 at this time all will be subject of future review. With that, Mr. Sizemore moved, seconded by Mr. Rock, to authorize the $24,000 Option 4 expenditure. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Consent Agenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following" vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director),gnd subsequently reviewed and approved by the Council Finance Committee on April 8, 2004 and April 15, 2004 for payment as of this date April 19, 2004. Claims Warrants for the month of April , ` Warrant Numbers 26447 through ?6673 in.thertotal amoutrt;of$1,235,245.74 Prewritten Claims for the month bf April , ' Warrant Number 26446 in the total amount of $11,027.57 1835 April 19, 2004 -- continued In the same motion Council adopted Resolution No. 1666 setting May 17, 2004 as the Public Hearing date on a Petition to Vacate a portion of Oakes Avenue in the Baring Addition. Award of Phase 3 Data Acquisition Svstem WWTP Mr. Bob Hyde, Director of Public Works, presented a request to Council to award Phase III of the Data Acquisition System Project at the wastewater treatment plant. The upgrades to the control systems at the plant will increase efficiency and will help keep future employment costs down. Mr. Hyde also pointed out that monitoring of the new sewer pumping stations will be handled at the control console at the plant. Phase III of the project will tie all the control systems together. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to award Phase III, Task 4 of the Data Acquisition System Project at the WWTP to CH2Mhill in the amount of $123,739. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Ordinance: Budqet Amendment Mr. George Khtaian, Finance Director, presented an Ordinance for Council review. If adopted the Ordinance authorizes the first quarter budget amendment of 2004. Mr. Khtaian reviewed each of the funds to be amended: General Fund (001); Water Fund (401); and Equipment Rental Fund (501). Discussion followed regarding the budget process. Mr. Hoboy suggested a method to better track the "roll-over" budget amounts. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2653 amending the budget and salary schedule for the year 2004. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Amendment to Ordinance # 1717: Reaulations for a Desianated Off -Leash Park Mr. Gary Robinson, Director of Parks and Recreation, presented an amendment to Ordinance # 1717 dealing with keeping animals in the City of Anacortes. The amendment would allow for dogs to be off - leash in the dog park on "H" Avenue. Mr. Christiansen asked that language inconsistencies between this amendment and the City's Dangerous Dog Ordinance be corrected. With those changes Mr. Adams moved, seconded by Mr. Rock, to adopt Ordinance No. 2654 amending Ordinance No. 1717 establishing certain rules and regulations for a designated off -leash park. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Closed Record Meetinq: Rock Ridqe South Preliminary Plat Mrs. Richardson and Mr. Christiansen stepped down from deliberation and decision on this matter. Mr. Ian Munce, Planning Director, introduced the Rock Ridge South Preliminary plat proposal. All materials including transcripts, exhibits, application/geological and drainage reports, wetland delineation, habitat evaluation, wetland rating system, Planning Commission recommendation, and three appeals were forwarded to Council in their information packets. Mr. Munce characterized the project and set the context for the Closed Record process. The proposal is for 90 lots on approximately 30 acres in five phases. Using an overhead display Mr. Munce pointed to the project's key features including a NGPE adjacent to the forestlands to the south; transfer of a 4 -acre wetland and buffer area as a conservation easement to be given to a local land trust to protect in perpetuity; and full city street improvements. Mr. Munce also explained that there is city -owned parcel in the middle of the circular road system and staff and Council will explore how to establish a value for this property to be used for additional park and recreation considerations on the west end. With regard to the 30' buffer in phase V, the Planning Commission recommended denial of Phase V with a suggestion that the applicant consider a Planned Unit Development in order to provide for an appropriate buffer function for this portion of the project. Phases 1-4 were recommended for approval subject to 39 conditions; Mr. Munce reviewed the conditions. Procedurally, Mr. Munce pointed out that as part of their appeal the applicant submitted a revised site plan to demonstrate how they could accommodate larger setbacks. Evergreen Islands, appellant, suggested that this revised site plan is new information and should not be introduced at this time. Ms. Rosemary Larsen, attorney for the applicant, stated that the revised site plan was submitted solely for the purpose of demonstrating that the applicant can comply with the proposed condition. After the review the Council could impose a condition that requires that the entire 88' buffer be located in the open space tract. Ms. Larsen also suggested that the Council could impose that condition as part of the approval process rather than remanding the matter back to the Planning Commission. If not, the applicant would not object to sending the matter back for this limited purpose. Mr. Tom Glade, appellant for Evergreen Islands, suggested that the new site plan would require more review and study and would more properly be addressed by the Planning Commission. Council members reviewed all options. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to remand the following Phase V issues to the Planning Commission for public hearing on May 26, 2004: 1. Rock Ridge LLC buffer proposal; 2. Bowman right- of-way access; 3. Pathway locations. Vote: Ayes — Sizemore, Adams, Rock, Hoboy, and Petrish. Motion carried. The Closed Record Meeting will resume on June 14, 2004 to consider: Planning Commission Recommendation on Phases 1-4; three appeals; and Planning Commission recommendation on the 3 Phase V issues and any associated appeals. Council members were asked to keep their information packets. At approximately 9:00 p.m. Mayor Maxwell announced this meeting will be continued to Monday, April 26, 2004 for the purpose of reviewing the Windward Village Final Plat. GjrgeK ��ian, ity Clerk -Treasurer v H. Dean Maxwell, Mayor Council ember 1836 April 19, 2004 -- continued Continued from April 19, 2004 April 26, 2004 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Terry Christiansen, Loren Hoboy, Brad Adams, Cynthia Richardson, and Nick Petrish. Absent: Bud Rock and Ray Sizemore. 29`h and Commercial Communitv Banner Sionage Mayor Maxwell explained to the Council and audience that the long-standing working arrangement on the community banner had broken down. A purely political sign had been installed over the weekend. Further research identified that proper arrangements were not in place for the banner to be placed on the City right-of-way. Accordingly, Mayor Maxwell proposed that the banner be removed by 4:00 p.m. the next day and that no further banners be installed across City right-of-way without a proper City franchise agreement being in place. After discussion, Mr. Christiansen moved that Resolution No. 1667 entitled "Signs Across City Right -of -Way" enacting these provisions be adopted. The motion was seconded by Ms. Richardson and passed unanimously. Final Plat Approval: Windward Villaqe The Planning Director, Ian Munce, presented the final plat for Windward Village for City Council approval. Mr. Munce stated that City staff and Planning Commission were recommending approval subject to bonding in the amount of $114,147. Councilmembers discussed the details of the conditions and how they had been met. Mr. Adams moved that the final plat be approved subject to bonding in the amount of $114,147; the motion was seconded by Mr. Petrish. Then, Ms. Richardson moved to amend the approval to require that, at a minimum, 15 native plant species be located in the trail corridor. The amendment was seconded by Mr. Hoboy. Vote: Ayes — Hoboy, Adams, Richardson, and Christiansen. No — Petrish. The amendment to the original motion passed. The vote was then held on the main motion and passed unanimously. The meeting adjourned at approximately 8:30 p.m. C?.46rge Kh�aian, City Clerk -Treasurer V HI n Maxwell, Mayo �4 d� Councilmember 1837 May 3, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, May 3, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meeting The Mayor pointed out that the heading for the last paragraph on page 2 of the April 19�h minutes should read: Ordinance: Budoet Amendment. The minutes of April 26`h should indicate that Mr. Rock was absent. With those corrections, Mr. Petrish moved, seconded by Mr. Rock to approve the minutes of April 19, 2004 and April 26, 2004. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock (abstained from voting on the April 26`h minutes), and Hoboy. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. :Mayor/Council Communication Mayor Maxwell introduced three Proclamations: (1) Proclaiming the month of May as Conservation Easement month in Anacortes — donations of more than $650,000 have been received placing Conservation Easements on 605 acres of the Anacortes Community Forest Lands; (2) Proclaiming the week of May 24, 2004 as Native Plant Appreciation Week — all citizens were urged to learn more about our native plants, how to protect them, and to enjoy and appreciate our native flora's value and beauty; and (3) Proclaiming May 3-9, 2004 as National Historic Preservation Week celebrating the role of history in our lives and the contributions of those who help in preserving that heritage. Mr. Adams asked that the City develop regulations regarding electric and gas engine scooters. There have been reports of fatalities related to these vehicles. Mr. Adams suggested a review of existing legislation from other jurisdictions. The Mayor reported that a draft ordinance from the City of Stanwood will be distributed to the Public Safety Committee and Council for review. Ordinance: 2003 Comn Plan and Dev. Rea. Amendments Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review and adoption. The amendments now before Council have been reviewed in Planning Commission and City Council Public Hearings, have been reviewed by State agencies, and have been subject to SEPA review. Mr. Munce reviewed each of the amendments outlined in Attachment A to the Ordinance. In reference to Item # 4, Mr. Christiansen suggested using either "single family" or multi -family" rather than the "duplex, tri-plex, or four-plex" designations. He also raised concerns regarding improvements to pedestrian crossings on Commercial Avenue. Both issues will be forwarded for 2004 review. Discussion followed regarding the lot width requirement language. With that, Mrs. Richardson moved, seconded by Mr. Hoboy, to adopt Ordinance No. 2655 entitled, "Ordinance Amending the 2003 Comprehensive Plan and Development Regulations for the City of Anacortes". Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Ordinance: Bannina Fireworks Fire Chief Richard Curtis presented an Ordinance to Council for review and adoption. If adopted the Ordinance would place restrictions on the sale, possession, and use of fireworks in the City of Anacortes; the proposed ban would take effect January 1, 2005. The Council, staff, and community have been discussing just such a ban for some time. The Chief warned that due to the extremely dry season this year the discharge of fireworks would present a danger to life and property. Discussion followed regarding language clarifications. The following amendments were recommended: Section 1: Add "Except for a properly licensed public display under Section 2..." Add "...within the City limits of Anacortes." Section 2: Add "...within the city limits of Anacortes..." Section 3: Add "Within the city limits, no public display shall ignite, ...". Sparklers, increased forestlands buffers, funding a public fireworks display, and Ordinance enforcement were discussed. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2656 as amended entitled "An Ordinance Establishing a Complete Fireworks Ban, and Repealing Ordinance No. 2595 and No. 2438, Effective January 1, 2005. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Ordinance: Exotic Animals (Prohibiting Private Possessionj Police Chief Mike King presented an Ordinance to Council for review and adoption. If adopted the Ordinance would protect the community against health and safety risks that exotic animals pose and would also protect the welfare of the animals held in private possession. Chief King submitted both a model ordinance and a draft ordinance prepared by staff to address the issue of keeping exotic animals within the city. While having no preference the Chief did say that the model ordinance provides for a more complicated approach to the enforcement phase. Discussion followed regarding fines and Section 16 Penalties. Items A. and B. were both amended to read: "...shall be guilty of mi6demeaneF punishable by a fine or not mere than $250 or a jail sentenGe of RGt MeFe than 3 months a crime." Council members favored the process and liability references outlined in the model ordinance. Mr. Ian Munce, City Attorney, explained that anyone currently owning an exotic pet must obtain a personal possession permit by December 31, 2004 or be subject to penalties. With that, Mr. Christiansen moved, seconded by Mr. Rock, to adopt Ordinance No. 2657 entitled "An Ordinance of the City of Anacortes Prohibiting Private Possession of Exotic Animals". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. May 3, 2004 -- continued Ordinance: Sewer General Facility Charqes Mr. George Khtaian, Finance Director, presented an Ordinance to Council for review and adoption. If adopted the Ordinance would update the City's General Facility Charges for new connections to the sewer system. The consulting firm of Economic & Engineering Services (EES) provided an analysis of the current sewer GFC charges and a final report was presented to Council on April 22, 2004. The report highlighted two key issues: (1) change in the current rate from $4,174 to $5,697 in a phased manner over three years; and (2) a new calculation methodology providing for a simpler calculation procedure for Public Works. Mr. Hoboy submitted an alternative rate of $7,526 based on his research; the Ordinance incorporates the recommendations made by EES. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to adopt Ordinance No. 2658 entitled "An Ordinance Updating the City's Existing One-time General Facilities Charge for new Sewer Connections in the City of Anacortes, and Repealing Part 3, Section 1 of Ordinance No. 2224 passed and approved the 18th day of February, 1992." Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Roostertail Club Racinq Request for Heart Lake: 2004 Racing Dates Mr. Jonn Lunsford, Parks and Forestlands Manager, presented the 2004 schedule for Roostertail Racing on Heart Lake. The Club will hold races on September 25th and 26th and again on October 16th and 17th. The ACFL Advisory Board reviewed and approved the proposed schedule. While the first race will occur during the Oyster Run event in Anacortes no additional consequence to traffic is anticipated. After discussion Mr. Christiansen moved, seconded by Mr. Sizemore, to approve the September 25, 2004, September 26, 2004, October 16, 2004 and October 17, 2004 Roostertail schedule for racing on Heart Lake. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Possible Banner Franchise — RFP Announcement Mr. Ian Munce, City Attorney, presented a draft Request for Proposal (RFP) for a possible community banner franchise. Proposals, due by May 26, 2004, must include a rate structure providing for maximum exposure to community events at the lowest cost. In no event shall the banner be used more than 100 days per calendar year. Discussion followed regarding costs and administrative issues associated with the City's control of the banner. After discussion, Mr. Adams moved, seconded by Mrs. Richardson to authorize publishing of the RFP for a possible community banner franchise. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and. approved by the Council Finance Committee on April 22, 2004 and April 29, 2004 for payment as of this date May 3, 2004. Claims Warrants for the month of April Warrant Numbers 26674 through 26838 in the total amount of $411,165.76 Pavroll for the April 15, 2004 in the total amount of $413,711.01 Warrant Number 25211 through 25293 in the total amount of $69,602.67 Direct Deposit Numbers 10534 through 10685 in the total amount of $223,441.63 EFT Numbers 291 through 296 in the total amount of $120,666.71 Purchase: InForum Gold Cashierinq System Mr. George Khtaian, Finance Director, presented a request to Council for approval of the purchase of four InForum Gold Cashiering stations for the finance department. Mr. Khtaian explained that Quadrant, the current cashiering system, cannot continue to handle the City's cashiering needs; he then outlined the advantages this change would provide. Mr. Christiansen reported that the Council Finance Committee has reviewed the purchase. With that, Mr. Christiansen moved, seconded by Mr. Hoboy, to authorize the Mayor to enter into a licensing agreement for the purchase of the InForum Gold Cashiering System. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Street Fair Application: Anacortes Arts Festival Mr. Bob Hyde, Director of Public Works, presented the annual street fair application for the Anacortes Arts Festival to be held August 6th through August 8th. City staff and the Festival Committee agreed to the street closure, parking restrictions, and Public Works and Police services based on the applicant's submitted plan. It was noted that the hours of operation will be changed to 10:00 a.m. to 6:00 p.m. on August 6th and 7th and to 10:00 a.m. to 5:00 p.m. on August 8th. Police Chief King answered Mr. Hoboy's questions regarding the use of 4th street during the festival hours. Mr. Christiansen suggested that some portion of the Municipal Building parking lots be left open for normal business activity on Friday. Mrs. Richardson suggested increased traffic control at the intersections on "Q" Avenue. Chief King and Public Works will investigate the use of a 4 -way stop at that location. After discussion, Mrs. Richardson moved, seconded by Mr. Petrish, to approve the Anacortes Arts Festival Street Fair application together with the revision to the City Hall parking lot use. Vote: Ayes- Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. 1839 May 3, 2004 -- continued Closed Record Meetinq: Conditional Use Application — Christ the Kina Church in the R413 Zone Mayor Maxwell announced that the Conditional Use application for a church in the R46 zone has been withdrawn. This particular site will not meet the needs of a growing congregation and another location will be investigated. Closed Record Meetinq: Conditional Use Application — Hinhwav Sian — Pioneer Trails Hiahwav Siqn — South March Point Road and Hiqhwav 20 Intersection Mayor Maxwell initiated the Closed Record Meeting for the Pioneer Trails Highway Sign conditional use application. By way of background Mr. Ian Munce, Planning Director, explained that when the City annexed the March Point area in 1998 consideration was given to potential signage needs along Highway 20. The Conditional Use process was made available for proposed signage providing for a case-by-case review and decision. Using an overhead display Mr. Munce pointed to the location of the Pioneer Trails facility off of Miller Road and to the proposed sign location at S. March Point Road and Highway 20. The applicant suggests that the facility is virtually impossible to find without a highway sign giving driving instructions. The back of the sign will have a message regarding the Northern Lights Casino. The Planning Commission voted to recommend approval of the conditional use application resulted in a split vote. Based on that circumstance, the Mayor then invited the owner, Mr. David Wilcoxen, to speak on behalf of the proposal. Mr. Wilcoxen explained the difficulty that their customers experience in trying to find the Pioneer Trails facility. Without some kind of direction many become lost when they reach the imposing Sharpe's corner intersection. The proposed sign will have a low impact, pleasing design and will include an arrow directing traffic toward the facility. The applicant approached the State to apply for a directional sign but was informed that the State does not provide signage for private enterprises. Mr. Christiansen characterized Pioneer Trails as an asset to the community and moved to approve the Conditional Use application. Mr. Adams seconded the motion. Mr. Hoboy, Mrs. Richardson, and Mr. Petrish spoke against the motion and against billboard use in that area. Vote: Ayes — Christiansen and Adams. No — Richardson, Rock, Hoboy, and Petrish. Motion failed. Executive Session (10 minutest At approximately 9:30 p.m. Mayor Maxwell and the Council convened in Executive Session to discuss a possible land sale. At approximately 9:45 p.m. the Council reconvened and without taking any further action continued the meeting to Monday, May 10, 2004 to discuss the Anacortes Airport fence proposal. 4� Ge6rge Khiaian, City Clerk -Treasures H. Dean Maxwell, Ma or v CouWilmember� Continued Meeting of May 3, 2004 — May 10, 2004 Mayor Dean Maxwell called the continued City Council meeting of May 3, 2004 to order at 7:30 p.m. on May 10, 2004. Roll call found present: Councilmembers Bud Rock, Terry Christiansen, Ray Sizemore, Cynthia Richardson, Brad Adams, and Loren Hoboy. Absent: Nick Petrish. The Council then considered a draft resolution entitled "Establishing Working Relations as to Fencing at the Anacortes Airport". This resolution attaches a March 18, 2004 memorandum to the Port Commissioners as a body from two individual Port Commissioners (Commissioner Niver and Commission Hopley). Commission Niver, Port Commission President, explained to the Mayor and Council that the motion referenced on page 3 of this memorandum regarding the Port's preference to fence the operational areas at the airport had been passed by the Port Commission on a 3-2 vote. President Niver then asked that the City Council pass a resolution supporting this position. Under discussion, Councilmembers inserted the words "wetland protection" and deleted wording referring to fence cutting. Councilmembers noted that it was the Port Commission's responsibility to select the fence location and that that decision had been made by formal motion of the Port Commission. Mr. Rock then moved that Resolution No. 1668 be adopted expressing support for a cooperative approach on airport fencing with the Port of Anacortes. The motion was seconded by Ms. Richardson and passed unanimously. The meeting formally adjourned at 7:45 p.m. A" Gagekht ian, City Clerk -Treasurer �J H. Dean Maxwell, May9f f �'' Coun member • May 17, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, May 17, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Cynthia Richardson, and Bud Rock. Absent: Terry Christiansen. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Rock that the minutes of May 3, 2004 and May 10, 2004 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Mr. Petrish abstained from voting on the minutes of May 10th. Motion carried. Citizen Hearinqs No one present wished to testify on matters not on the agenda. Mayor/Council Communication Mayor Maxwell distributed copies of a Skagit County memorandum outlining the County's position relative to the Upper Skagit Tribes. Mayor Maxwell again thanked the over 250 Anacortes volunteers who have donated over 20,000 hours of service to the City; he then read a note from one of the volunteers thanking the Mayor and Council for the opportunity and honor to serve the community. The Mayor then turned to a Proclamation proclaiming June 2004 as "60th Anniversary of the Local Veterans Employment Representative Program (LVER)" month in the City of Anacortes. The LVER program was initiated in 1944 to support the returning WWII veterans; LVER continues to secure benefits, training, and employment for veterans. Mr. Sizemore reported that the Public Safety Committee will meet in June to continue work on the development of use regulations for motorized scooters. Ordinance: Cascade Gas Utilitv Tax Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review and adoption. If adopted, the Ordinance would add a 2% increase to the existing 4% utility tax on natural gas. Mr. Munce explained that all other utilities are assessed a 6% utility tax. On April 1" of this year the local natural gas utility discontinued its franchise with the City in effect canceling its agreement to pay 2% of the total 6% assessment. This move represents a significant loss of revenue to the City and an unanticipated rate increase for Anacortes citizens. Mr. Munce underscored the concerted effort of Council and staff to prevent and mitigate this unilateral action. Mr. Sizemore explained that, in essence, utility lobbying efforts have successfully removed franchise fees and communities have been forced to add direct utility taxes to individual customer billings. On a question from Mr. Hoboy, Mr. Munce explained that the franchise agreements use fees for right-of-ways. Discussion followed regarding loss of revenue and using a phased approach to utility billing through January 2006. With that, Mr. Petrish moved, seconded by Mr. Hoboy to adopt the Ordinance with the phased approach. Mrs. Richardson raising concerns over the loss of revenue/services and moved to amend the motion to levy the entire 2% increase effective June 1, 2004. Mr. Hoboy seconded the motion to amend. Mr. Adams and Mr. Sizemore spoke in favor of an incremental approach. Vote on the amendment: Ayes — Richardson. No — Sizemore, Adams, Rock, Hoboy, and Petrish. Motion failed. Vote on motion to adopt Ordinance No. 2659 entitled "An Ordinance Amending Ordinance No. 2301 (Utility Tax) for Natural Gas" increasing the current 4% tax to 6% over a three-year period commencing June 1, 2004. Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Consent Agenda Mr. Rock moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 6, 2004 and May 13, 2004 for payment as of this date May 17, 2004. Claims Warrants for the month of Mav Warrant Numbers 26840 through 27022 in the total amount of $695,478.36 Prewritten Claims for the month of Mav Warrant Number 26839 in the total amount of $12,308.48 Pavroll for April 30, 2004 in the total amount of $564,265.335 Warrant Number 25297 through 25390 in the total amount of $217,196.39 Direct Deposit Numbers 10686 through 10796 in the total amount of $223,907.35 EFT Numbers 297 through 301 in the total amount of $123,161.61 In the same motion Council adopted Ordinance No. 2660 entitled "Duties and Responsibilities of the Anacortes Police Department"; and adopted Ordinance No. 2661 entitled "An Ordinance Setting Forth the Organization and Functions of the City Library and Repealing Ordinance Numbers 228 and 979." Resolution: Fidalqo Island Boxing Club Use Agreement Mr. Gary Robinson, Director of Parks and Recreation, submitted a Use Agreement for City Council review and approval. The Use Agreement, between the City of Anacortes and Fidalgo Island Boxing Club, is for the use of the Municipal Building basement for Club activities. Mr. Robinson characterized the agreement details as follows: a 2 -year agreement term; $150 monthly fee to offset utility costs; all Club employees and volunteers will pass a Washington State Patrol background check; and limited Club hours. 1841 May 17, 2004 -- continued Discussion followed regarding age of participants, mandatory use of protective gear, and liability issues. Mr. Leonard Johnson, owner of Fidalgo Island Boxing Club, answered questions regarding program funding, scheduled events (off-site), organization structure relative to USA Boxing Rules and Regulations, minimum and maximum age of participants (9 years and up including adults), Monday, Wednesday, Friday, and Saturday, 5:00 p.m. to 8:00 p.m. (7:30 p.m. on Mondays and Wednesdays). Mr. Sizemore suggested that this matter be brought back to a Study Session. Questions for review: comparison of similar use agreements; background check process; arbitration venue; indemnification section; and handbook review. This matter will be placed on the June 14, 2004 Study Session. Closed Record Meetinq: Conditional Use Application — Highwav Siqn — S. March Point Road — Thompson Boat Mayor Maxwell initiated the Closed Record Meeting for a Conditional Use Application submitted by Thompson Boat and RV for highway signs (a helium inflatable blimp and two dancing inflatable tubes) at 8584 South March Point Road. The property is zoned LM 1. Mr. Ian Munce, Planning Director used an overhead display to pinpoint the business location on the north side of Highway 20. The signs would be used to attract attention of passing vehicles, and would be placed next to the office building approximately 80-90 feet from the highway and would fly 60 feet above the ground. The Planning Commission held a Public Hearing on this matter recommended denial of the use of inflatable streamers and to recommend that the blimp to be placed no more than 60 feet above the ground with flying limited to Fridays, Saturdays, Sundays, and special events. Mr. Munce clarified that the inflatable signs now in use on Highway 20 were approved by Skagit County prior to annexation. Discussion followed regarding the safety issues caused by distracting signs. Mr. Adams and Mr. Sizemore pointed out that, on balance, this section of Highway 20 includes car dealerships and the like. After discussion, Mrs. Richardson moved, seconded by Mr. Hoboy, to deny the Thompson Boat Conditional Use application for highway signs at 8584 S. March Pt. Road. Vote: Ayes — Rock, Hoboy, Petrish, Adams, and Richardson. No — Sizemore. Motion carried. Public Hearinq: Vacation of Portion of Oakes Avenue in the Barinq Addition Mayor Maxwell opened the Public Hearing on a Petition to Vacate all of Oakes Avenue contained in Baring Addition to the City of Anacortes. Mr. Bob Hyde, Director of Public Works, reported that this Petition, submitted by Vintage Investments, Inc. was reviewed by the Board of Adjustment in a May 6, 2004 Public Hearing. The Board recommended that the vacation be granted and that the vacation should be completed concurrent with replatting. The Petitioner stated that the vacation will allow for larger lots to be developed and that the vacated area will also support utility easements and driveways. Mr. Steve Mansfield, Attorney, representing Ron Woolworth of Vintage Investments, clarified that this right-of-way provides no access nor are there any utilities located there. In the future Mr. Woolworth intends to present a 9 -lot short plat application to the City with a potential PUD on adjacent property. Mr. Brian Wetcher, 814 26th St., reported that any proposed access through the Ship Harbor project could encroach into the buffer area. Mr. Mansfield discussed the steps that will be taken to add protection around the nearby eagle's nest. Mr. John Angus, 4218 Oakes, had questions regarding compensation and total project area. Discussion followed regarding responsibility for payment of appraisal fees. There were no further comments and the Mayor declared the Public Hearing closed. After discussion Mr. Sizemore moved to approve the vacation subject to the subdivision being approved. Mr. Petrish seconded the motion. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Richardson, and Rock. Motion carried. Public Hearina: Proposed 2004 Updates to Comprehensive Plan and Development Reaulations Mayor Maxwell opened the Public Hearing to consider which items to refer to the Planning Commission for further public hearings, review, and recommendations. The proposals have been developed by members of the public or by City staff as part of the annual update of the City Comprehensive Plan and Development Regulations. Mr. Ian Munce, Planning Director, then introduced the items for consideration: 1. Zoning language changes primarily for clarification/correction and State Law updates 2. The Heart Lake Management Plan 3. Add "Cottage Housing" provisions to Zoning Ordinance 4. Add 85 acres to Anacortes' Urban Growth Area and designate as Light Manufacturing 5. Add "Design Review" procedures to Zoning Ordinance and Comprehensive Plan 6. Restrict fences/wall height on Oakes Avenue 7. Amend Chapter 16.12.030B and C to allow for an extension of the time limit for preliminary plat approval 8. RezereLot 4, ID cn 13, Skyline rezoned- to G__M and the portion of Lot A adjaoent to I Gt 3 he runner! to R2. WITHDRAWN 9. Add "Habitat Conservation" policies and regulations to the Shoreline Master Plan 10. Amend the definition of Height. Buildina to include provisions for adding fill. 11. Revise "Natural Hazard Reduction" section to "Hazard Reduction" and add goals and policies for major industries. 12. Add a "Tree Conservation" section to Municipal Code 13. Clarify language in Manufacturing and Shipping Zone with regard to rebuilding single-family residences in case of disaster. 14. Add an "Open Space Connectivity" section to General Goals in the Comprehensive Plan. 15. Hold over from 2003. ADDED The following public testimony was given: Mr. Andy Culbertson, 5909 Campbell Lake Road, spoke in support of item # 4. Ms. Dulcie Bowman, 3933 W. 12th St., spoke against item # 7 suggesting that extending the time limit for preliminary plat approval will favor developers only. Mr. Tom Glade, 6567 i May 17, 2004 -- continued 1842 Deer Lane, representing Evergreen Islands, read from a Department of Ecology letter addressing HB 1933. The information was submitted in reference to Item # 9. Mr. Brian Wetcher, 814 26th St., read from a March 31, 2004 letter from Evergreen Islands; the letter included, in part, draft habitat conservation language. Mr. Gerald Steele, Attorney, 2545 NE 95th St, Seattle, representing Washington State Association of Plumbers and Steamfitters, spoke in favor of item # 11 adding language that would require major projects to develop alternative methods and materials that would reduce risks. Ms. Phyllis Dolph, 2320 26th St., spoke in favor of item # 12 and encouraged the City to fully support implementation of a tree conservation program. Mr. Brian Wetcher, 814 26 h St., spoke in favor of item # 12. Ms. Brenda Lavender, 4924 Heather Drive, spoke in favor of item # 14 emphasizing the importance of retaining open space for both public access and habitat conservation. Mr. Brian Wetcher, 814 26th St., spoke in favor of item # 14. There were no further comments and the Mayor declared the Public Hearing closed. Mrs. Richardson suggested that each item had merit to warrant a full hearing and moved to forward all items to the Planning Commission for further public hearings, review, and recommendation. Mr. Rock seconded the motion. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Motion carried. Consultant Selection: Critical Areas Update Assistance Mr. Ian Munce, Planning Director, submitted a report on the Request for Proposals received for consulting assistance with "wetland/stream characterization and species/habitat identification". The City received 13 proposals that were reviewed by both a subcommittee of City staff and the Council ad-hoc planning subcommittee with ATSI receiving the highest number of points. After discussion, Mr. Adams moved, seconded by Mr. Rock to authorize the Mayor to enter into a contract with ATSI for consultant services in an amount not to exceed $20,000, with this amount being entirely dependant upon these monies being committed by the State Department of Community, Trade and Economic Development. Vote: Ayes — Sizemore, Adams, Richardson, Rock, Hoboy, and Petrish. Motion carried. Water Treatment Plant Telemetry Proiect Mr. Bob Hyde, Director of Public Works, presented a request for Council review and approval for an upgrade of water distribution system telemetry and supervisory control and data acquisition system for the water treatment plant. Mr. Hyde explained that the system will allow collection of data and will provide control and alarm -monitoring functions for all elements of a single interrelated but geographically separated water distribution system. Mr. William LaRue, Plant Manager, fielded questions regarding system integration. After discussion Mr. Sizemore moved, seconded by Mr. Hoboy, to authorize the Mayor to enter into a contract with TSI for an amount not to exceed $9,450 plus tax for Telemetry and SCADA System Upgrades. Vote: Ayes — Adams, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Meeting Continued At approximately 10:00 p.m. Mayor Maxwell continued the meeting of May 17th to Monday, May 24, 2004 for the purpose of conducting a Closed Record Meeting on the Cottages by Habitat Planned Unit Development and for approval of Snow Mountain Mills Sewer Extension Bid Award. *- 46,-,-n 7AuZvc,� inife�FTroZe"I�Jnterim City Clerk -Treasurer H. Dean Maxwell, Mayd Councilmember 1843 Continued from May 17, 2004 May 24, 2004 Mayor Maxwell called the continued meeting to order at _7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Nick Petrish, Cynthia Richardson, Loren Hoboy, Brad Adams, Bud Rock. Absent: Terry Christiansen. Closed Record Meetinq: Cottaqes by Habitat Construction (West 2nd & New York) The Planning Director, Ian Munce, presented the Planning Commission's recommendation on the planned unit development application submitted by Habitat Construction. Mr. Munce explained that the current plat allowed for 12 homes but, through the PUD process the applicant can and was applying for 17 homes of cottage housing in a clustered setting. Mr. Munce explained that the Planning Commission recommended approval of this concept provided that a satisfactory neighborhood traffic circulation plan can be arrived at. Appeals were heard from the following individuals: Lois Elber, Charles Lang, Richard Andrew, Tara Linder, Laura Ziegler, Harold Spehar, and Erin Vandeway. The detailed comments are on tape and filed at City Hall. Generally, the appellants objected to the additional density and to the proposed traffic circulation pattern. The applicant, Mr. Pete Peterson, responded by describing his proposal and stating that he felt it fitted into the existing neighborhood. The Council determined that they needed to make a site visit and this was scheduled for 5:30 p.m. on June 7, 2004. Snow Mountain Mills Sewer Extension Mr. Bob Hyde, City Public Works Director, explained that the lowest bid for this project was $108,469 plus tax. Mr. Hyde pointed out that this project would assist a local lumber mill that currently employs 21 individuals and is in the process of expanding. Mr. Hyde added that $72,000 of this funding came from the Economic Development Fund administered by Skagit County. After discussion Ms. Richardson moved that the bid be awarded to the Snelson Company in the amount of $108,469 plus tax. The motion was seconded by Mr. Sizemore and passed unanimously. Mt. Erie School Sidewalk Proiect The Public Works Director, Mr. Bob Hyde, asked that the City Council formally support $108,000 grant application being submitted by the Anacortes School District: for grant monies to build sidewalks, crosswalks, and install pedestrian safety devices on 41 sc Street, adjacent to Mt. Erie School. Mr. Hyde explained that this was a very competitive situation and asked that the City Council pass the resolution before them. After discussion, Mr. Sizemore moved that Resolution No. 1669 entitled, "Resolution Supporting Safe Routes to School Grant Request" be adopted. The motion was seconded by Mr. Rock and passed unanimously. At approximately 8:45 p.m. the meeting was continued to 5:30 p.m., June 7, 2004 at the intersection of New York Avenue and 3rd Avenue. Je' er Trox1, Interim City Clerk -Treasurer H. Dean Maxwell,yor Councilmember June 7, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Monday, June 7, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Christiansen pointed out that he was absent for the meeting of May 24, 2004. With that correction Mr. Sizemore moved, seconded by Mr. Rock that the minutes of May 17, 2004 and May 24, 2004 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen Richardson, Rock, and Hoboy. (Mr. Christiansen abstained from voting on the minutes of May 24th.) Motion carried. Citizen Hearinqs Mr. Steve Orsini, Guemes Island Ferry Committee, presented a 5 -part proposal intended to improve the parking dilemma at the Guemes Island Ferry terminal, 6th Street and "I" Avenue. The Committee recommends, in part, that the City issue a Special Guemes Ferry parking permit; that Skagit County encourage longer parking at its 6th Street lot; that the County post the dock and railroad parking area with signs reading "Guemes Ferry Parking Only"; that the City restores parking on 6th Street between "H" and "I" Avenues; and that the City designates 3-4 parking stalls within the Kiwanis parking area for overnight or long-term parking for private or commercial kyakers. Discussion followed regarding cooperative efforts of both City and County to relieve parking issues during the 2 -month construction period for the new lot. Mayor/Council Communication Mayor Maxwell recommended the reappointment of Kay Reinhardt and Peter Haas to the Museum Advisory Board. Mrs. Richardson moved, seconded by Mr. Sizemore, confirm the reappointments of Ms. Reinhardt and Mr. Haas to the Museum Advisory Board. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. The Mayor announced upcoming activity relative to Skyline Boat Owners, Division 17. There's some interest in forming an L.I.D. to help defray costs associated with the Marina dredging. Next up was the Mayor's Award of Merit given to Larry Miner for his outstanding accomplishments at the Operations Department over the last 14 years. Mr. Miner's supervisors and co-workers recommended that Mr. Miner received this award based on his eagerness and dependability in handling any task assigned. His work history underscores his motivation and initiative. The award includes a gift certificate to a local restaurant. Mr. Petrish reported that City staff is investigating a Highway 20 sign ordinance violation. Deliberation /Action — Cottages by Habitat Preliminary Development Plan The proceedings are on tape and filed at City Hall. Mayor Maxwell initiated Council deliberation and action on the Cottages by Habitat Preliminary Development Plan. Mr. Ian Munce, City Attorney, presented an overhead showing the Cottages 17 lot - layout at West 2nd Street and New York Avenue. Mr. Munce characterized the PUD process as offering imaginative cluster format designs as an alternative to the standard lot/block approach. Proposed access issues garnered the most neighborhood attention. West 2nd was proposed as an alternative access; opening up Minnesota was also discussed. Public Works and Fire Departments recommended against West 2"d preferring West 3rd. The West 3rd neighbors urged Council not to approve that alternative offering that West 2nd would develop in any event. West 2nd neighbors protested using that street as access. The Planning Commission recommended approval of the Cottages by Habitat Preliminary Development Plan but left the access issues and associated financial implications to Council deliberation and decision. Council and staff then discussed access scenarios. Public Works explained why a West 2nd access would be both a safety hazard and problematic for installing a proposed Anacopper/Oakes signal. Mr. Sizemore stressed the need for cooperative neighborhood/applicant effort to find a solution. Mr. Adams discussed the definition of cottage housing, increased density and lack of connectors. Mr. Rock expressed concern that the project would change the character of the neighborhood. Mrs. Richardson spoke against private streets but spoke in favor of the cluster concept around a common area offering the community a choice of housing/lifestyles. She expressed concern regarding a need for additional guest parking, setbacks on external property lines, and need for pedestrian link with either New York or Ohio Avenues. Mr. Hoboy spoke in favor of the increased open space provided by the project, bioswale water treatment, and buffer from Oakes Avenue noise; he also suggested 14-16 lots, an Ohio access, retain trees and character, 28-32' road width, public access to greenbelt area, community gathering space, not vacate west 2"d left open as green space, and public streets. Mr. Petrish expressed concern over the impact of this design to the neighborhood, gave his definition of cottage housing, spoke against the density, and suggested further neighborhood input. Mr. Sizemore said he couldn't support the project without further negotiation between the applicant and neighborhood. Mr. Christiansen, having reviewed the material said that West 2nd to Anacopper should be explored with the alley between West 2nd and West 3rd as an emergency access. Mrs. Richardson underscored past development policy to support neighborhood connectors. On balance she supported the concept but felt that access issues could be reworked. Mr. Hyde repeated that a West 2" connection to Anacopper must be 250' clear of the intersection with site distance to the south as a severe safety issue. At the conclusion of the dialogue, Mr. Sizemore moved, seconded by Mrs. Richardson to remand the project back to the Planning Commission for further proceedings to address concerns identified. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. June 7, 2004 -- continued Tourism Contract Reproqramminq Request: Sister Cities Mr. Duane Clark, President of the Anacortes Sister Cities Association (ASCA), presented a request for Council to approve the transfer of a $1,000 grant (from the 2% tourism fund) from a Russian Sister City activity in conjunction with the Anacortes Arts Festival, to support of a 6 -pole flagpole display at the entrance to Anacortes. The 24' poles will display flags from the United States, Russian, Japan, Canada, Croatia, Washington State, Anacortes, and each of the Anacortes' Sister Cities. The total project cost is approximately $10,000. Mr. Clark then used an overhead to illustrate how the flag display will look. A sign is proposed at the site to identify the flags. After discussion regarding fund guidelines, Mr. Sizemore moved, seconded by Mr. Hoboy, to re -allocate the $1,000 from the Kazakov family to be allocated for the Flagpole Project. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Accept as Complete: Henifin Contract/Thompson Trail Mr. Bob Hyde, Director of Public Works, presented a request to Council to accept as complete the contract with Henifin Construction for the Thompson Trail from 22nd Street to 34' Street. The final contract amount of $459,787.49. With this project the City now has an additional 3,300 feet of 12' wide trail. Mr. Hyde characterized the change orders totaling $151,553.49. After discussion, Mr. Christiansen moved, seconded by Mr. Petrish, to accept the Henifin Construction Thompson Trail contract for trail improvements from 22nd Street to 34`h Street as complete. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Consent Aqenda Mr. Sizemore moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on May 20, 2004, May 27, 2004, and June 3, 2004 for payment as of this date June 7, 2004. Claims Warrants for the month of June Warrant Numbers 27026 through 27260 in the total amount of $398,146.73 Prewritten Claims for the month of June Warrant Number 27023 through 27025 in the total amount of $142,512.89 Payroll for May 14. 2004 in the total amount of $401,919.19 Warrant Number 25391 through 25473 in the total amount of $66,956.27 Direct Deposit Numbers 10856 through 11008 in the total amount of $217,092.85 EFT Numbers 302 through 305 in the total amount of 117,870.97 Payroll for May 28. 2004 in the total amount of $579,977.20 Warrant Numbers 25474 through 25568 in the total amount of $219,480.54 Direct Deposit Numbers 11009 through 11119 in the total amount of $231,783.75 EFT Numbers 306 through 310 in the total amount of $128,712.91 In the same motion Council adopted Resolution No. 1670 authorizing execution of an amendment to the water contract between the City of Anacortes and Tesoro Northwest Co.; Resolution No.1671 authorizing execution of an amendment to the water contract between the City of Anacortes and Shell Puget Sound Refinery; Resolution No. 1672 authorizing execution of an amendment to the water contract between the City of Anacortes and the City of Oak Harbor; Resolution No. 1673 authorizing execution of an amendment to the water contract between the City of Anacortes and the Town of LaConner; Resolution No. 1674 authorizing execution of an amendment to the water contract between the City of Anacortes and P.U.D. #1 of Skagit County; and Resolution No. 1675 authorizing execution of an amendment to the water contract between the City of Anacortes and the Swinomish Tribal Community. Seqment 4: 24 -inch Waterline Replacement — Close Out Chanqe Order Mr. Bob Hyde, Director of Public Works, presented a request for Council approval of Change Order No. 5 for Segment 4 of the 24 -inch waterline replacement project. Mr. Hyde explained that the Change Order addresses all of the differences between estimated quantities and actual measured quantities of work and materials. Compensation for extra work not included in the original contract is also part of the total. The line is now complete and in full service from Sharpe's Corner to LaConner/Whitney Road. The Council received copies of a May 8, 2004 memorandum from Montgomery -Watson Harza detailing each item of the Change Order. After discussion Mr. Hoboy moved, seconded by Mrs. Richardson, to approve Change Order No. 5 to Segment 4 of the 24 -inch waterline replacement project in the total amount of $111,991.45. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Community Service Work Contract: Fidalqo Island Rotary Club[ Washington Park Restroom Mr. Gary Robinson, Director of Parks and Recreation, presented a Community Service Work Contract between the City of Anacortes and Fidalgo Island Rotary Club for review and approval. The Contract authorizes the City to pay the Rotary Club $29,000 in exchange for building restroom improvements at Washington Park. The first phase of the project included the construction of the exterior of the building; this year the Rotary Club will complete the interior of the building under the auspices of the proposed contract. Mr. Adams pointed out how vital the service club contributions are to the park system. With that, Mr. Rock moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into a contract with Fidalgo Island Rotary Club exchanging $29,000 for construction improvements to the Washington Park Restroom. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. 1847 June 7, 2004 -- continued Ordinance: Amendment to Parks and Recreation Advisory Commission Ordinance. Mr. Gary Robinson, Director of Parks and Recreation, presented an Ordinance to Council amending the Parks and Recreation Advisory Commission structure. Mr. Robinson pointed out that representation by two High School Juniors is required. Consistent representation from the students has been problematic and it has been recommended that these positions be removed from the membership requirements. With that, Mr. Sizemore moved, seconded by Mr. Adams, to adopt Ordinance No. 2662 entitled an Ordinance Amending Ordinance No. 1907 Relating to the Parks and Recreation Advisory Commission for the City of Anacortes. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Proposed New Franchise with Cascade Natural Gas Mr. Ian Munce, City Attorney, presented a revised Ordinance to Council for review and adoption. Dealing with a new franchise with Cascade Natural Gas, the Ordinance includes technical corrections, an expansion of Cascade Natural Gas's responsibility as to meeting with customers, and new, higher insurance coverage standards as recommended by Washington Cities Insurance Authority. Mr. Munce pointed out that adoption of this Franchise represents a 3 -year agreement with automatic renewal sans objections from either party. Cascade Gas has requested that the proposed $50,000,000 aggregate limit be changed to $35,000,000. Mr. Dan Meridith, representing Cascade Natural Gas stated that a $35,000,000 limit is currently in force. Mr. Rock suggested agreeing to the lesser figure with the proviso that the contract amount be increased to the equivalent of any additional insurance levels purchased. That and other options were discussed. After discussion, Mrs. Richardson moved to adopt Ordinance No. 2663 approving the new Franchise with Cascade Natural Gas adding policy language that states the Umbrella Liability shall be: each occurrence limit: $35,000,000; and aooreoate limit: $35,000,000; and that the aforementioned $35,000,000 umbrella coverage requirement of the Grantee will increase to the equivalent of the Grantors corresponding increase in additional insurance levels purchased; and to adopt language changes to Section 16 regarding customer service. Vote: Ayes — Petrish, Adams, Christiansen, Richardson, and Rock. No — Sizemore and Hoboy. Motion carried. Ordinance/Clarifvina Effect of Ordinances Nos. 2295 and 2543 on Ordinance No. 2277 Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review and adoption. If adopted the Ordinance would amend Ordinance No. 2277 to include a revised Exhibit A, a revision that includes both traffic impact fees and fire protection impact fees. With that, Mr. Sizemore moved, seconded by Mr. Hoboy, to adopt Ordinance NO. 2664 entitled "An Ordinance Clarifying the Effect of Ordinances Nos. 2295 and 2543 on Ordinance No. 2277 (City of Anacortes' Impact Fee Ordinance)." Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Commercial Avenue Communitv Banner Proposals Mayor Maxwell introduced two submittals received in response to a RFP for the Community Banner franchise. Sign content issue was not addressed in either of the proposals. City purchase of a banner could be funded through the 2% tourism fund. Mr. Bob Hyde, Director of Public Works, presented a rough estimate of personnel costs associated with in-house banner operations. No additional staff would be hired; work would be programmed through street department personnel. Council discussed capital outlay and cost per event. Additionally, some revenue is involved to defray costs. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to purchase a community banner using the current use rate structure (to be supplemented by tourism funds). Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Meetinq Continued At approximately 10:00 p.m. Mayor Maxwell continued the meeting of June 7, 2004 to Monday, June 14, 2004 for the purpose of continuing a Closed Record Meeting for the Rock Ridge South Preliminary Plat. Jenife roxel, erim City Clerk -Treasurer H. Dean Maxwell, MaYX Ali, Councilmember June 14, 2004 Continued from June 7, 2004 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Loren Hoboy, Cynthia Richardson, Brad Adams, Bud Rock, and Nick Petrish. Absent: Terry Christiansen. The City Planning Director, Ian Munce, requested that the Council rescind Ordinance #2649 and adopt Ordinance #2665, entitled "An Ordinance Vacating Ordinance #2649 of the City of Anacortes, Skagit County Washington", together with Ordinance #2666 vacating the same City right-of-way as Ordinance #2665 but deleting easement rights that the City had retained over right-of-way vacated to Mr. Bart Evans. Mr. Munce explained that the easement reserved was objected to by Mr. Evans and the City had no existing or proposed use for the easements. Accordingly, City staff was recommending that Mr. Evans be accommodated on this issue so that the 28th Street connection between "H" Avenue and "J" Avenue could go forward in an expeditious manner. After discussion, Mr. Petrish moved that Ordinance #2665 and Ordinance #2666 entitled, "An Ordinance Vacating a Portion of the "H" Avenue Right -of -Way Abutting Block 10, Lot 11 of the Pleasant Slope Addition to the City of Anacortes, of Skagit County, Washington" be adopted. The motion was seconded by Ms. Richardson and passed unanimously. Closed Record Meetinq: Rock Ridqe South Preliminary Plat and Associated Appeals Mayor Maxwell then opened proceedings on the Rock Ridge South Preliminary Plat proposal. Ms. Richardson excused herself and left the Council Chambers for this item. Mr. Munce explained that the City Council had deliberated on this matter in a closed record proceeding but had then decided to remand Phase V of the proposal back to the Planning Commission to further address the following issues: the Bowman easement, internal pathways, and project revisions that would increase buffer size in the conservation easement area. Mr. Munce added that the Planning Commission had completed their review and was now recommending approval of the preliminary plat subject to 40 conditions. Appeals were then heard from the following individuals representing Evergreen Islands: Mr. Ross Barnes, Ms. Margaret Studer, and Mr. Tom Glade. Each presented written materials that were included in the record. Major concerns highlighted by Evergreen Islands included the lack of an environmental impact statement and the asserted inadequacy of the measures to protect wetland hydrology, water quality, and buffers. Councilmembers expressed deep concern about preserving water quality in the Cranberry Lake watershed. The Planning and Public Works Directors agreed that the word "hydrology" be substituted for "[stormwater] flows" in proposed Condition #9; this request was made by Evergreen Islands. The applicant agreed to Evergreen Islands' proposal as to the language of Condition #11, provided that the access strip between Lots 10 and 11 is eliminated. Mr. Munce proposed that Evergreen Islands' concern relative to Lot 7 be specifically addressed in the landscaping plans called for in proposed Condition #15. This left the issue as to water quality and proposed pesticide restrictions. In response to Council questions, the Planning Director proposed that a Condition #40 be added that required a detailed stormwater quality management plan and -implementation program. This plan would establish a water quality base line and a monitoring program to track any deviations from the existing base line; a remedial action program would be included in the event that any degradation occurred. This work would be undertaken by a consultant retained by the City and paid for by the applicant. After further discussion, the Council directed the" Planning Director to come back with a set of findings and conditions that reflected these changes. This action was taken on a motion by Mr. Sizemore, seconded by Mr. Petrish, and passed unanimously. This item was then scheduled for the July 19 City Council meeting. At this time, Councilmembers Richardson and Christiansen rejoined the Council. Public Hearinq: Ordinance Adoptinq 2005-2010 Capital Facilities Plan The Mayor then opened a public hearing on an ordinance adopting the 2005-2010 Capital Facilities Plan. Mr. Maxwell explained that a tremendous amount of input had been collected from the public and councilmembers and had been included in this current draft. There was no public comment. The public hearing was closed. After discussion, Mr. Rock moved for adoption of Ordinance #2667 entitled, "An Ordinance Adopting the Capital Facilities Plan for the 6 -Year Period 2005-2010". The motion was seconded by Mr. Sizemore. Under discussion, Mr. Christiansen asked for some specific clarifications and assurances. These were received. The motion passed unanimously. • June 14, 2004 -- continued Public Hearing: Anacortes Consolidated Plan — Requirement for Citv's Communitv Development Block Grant Mayor Maxwell then opened a public hearing on a proposed public participation plan for the City's Community Development Block Grant program, funded by the Federal Department of Housing and Urban Development. A detailed draft was presented to the Council and the public. There was no public testimony. The public hearing was closed. After discussion, Mr. Sizemore moved that the Public Participation Plan be approved. The motion was seconded by Mr. Rock and passed unanimously. Latecomer Aqreement — Ship Harbor Pump Station Mr. Bob Hyde, City Public Works Director, then introduced a Latecomer's Agreement for the Ship Harbor Pump Station. Mr. Hyde explained how the major users of the pump station would be paying their share of this new facility. He added that this latecomer's ordinance was to address smaller parcels whose owners may submit for building permits within the next 15 years. It was pointed out that the Council had previously approved the cost allocation arrangements and that this was implementing just one aspect of this overall program. Mr. Hyde added that he would be bringing the pump station construction project back to the City Council next Monday night for possible bid award. Councilmembers asked for specific assurances from the Mayor and the staff that the City would ultimately pay no more for this pump station than its fair share based on relocating the Clearidge flows and discontinuing the use of that existing pump station. These assurances were received. After discussion, Mr. Hoboy moved that the Latecomer's Agreement for the Ship Harbor Pump Station be approved as submitted. The motion was seconded by Ms. Richardson and passed unanimously. Anacortes Airport The Planning Director, Ian Munce, reported that the Port was putting the finishing touches to an airport fencing plan. As previously reported, this plan includes both an operational area fence and a perimeter fence. Mr. Munce added that he would most likely be acting on a clearing permit request associated with this fencing proposal and doing so this week. An appeal of this permit would then be possible to the City Council and might be scheduled as early as July 19. Also in relation to the airport, Mr. Munce pointed out that Mr. Mike Freeman, an airport tenant and individual interested in building a hangar(s), had informed him that the Port would be issuing a Declaration of Nonsignificance, or a Mitigated Declaration of Nonsignificance, by the end of the week. Mr. Munce added that he would be on vacation during any standard 15 -day review period that began around this timeframe. Mr. Munce asked that the Mayor and Council authorize a letter to the Port requesting that whenever the SEPA action is taken that the comment period be open until July 20, 2004. This will allow the City Council to take any possible action at their regular meeting on July 19. This action was agreed to and approved by a motion made by Mr. Sizemore, seconded by Mr. Christiansen, and passed unanimously. The meeting adjourned at approximately 9:30 p.m. Jenif Troxel!�Interim City Clerk -Treasurer H. Dean Maxwell, Ma r 1850 June 21, 2004 At 7:30 p.m. Mayor Pro -tem Ray Sizemore called the regularly scheduled evening meeting of Monday, June 21, 2004 to order. Roll call found present: Loren Hoboy, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. Absent: Nick Petrish. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson moved, seconded by Mr. Rock, to approve the minutes of June 7, 2004 and June 14, 2004 as if read. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinas Mr. Bill Wooding, 1601 Georgia Place, asked to address the Council and audience regarding property development. Speaking on behalf of all the owners of a site generally located at Thompson Road and Highway 20, Mr. Wooding explained they purchased the property with the intent to develop an industrial park. Subsequently, the owners have been approached regarding a commercial use at this location. This proposed use would necessitate a zoning code revision and Mr. Wooding sought Council direction regarding future development policies for this area. Mr. Wooding also highlighted the benefits associated with a "Fred Meyer -type" outlet at this location. Mayor Sizemore thanked Mr. Wooding for reporting this information to the Council and offered that the appropriate administrative process will be reviewed. , , %Mayor/Council Communication, I'llr Mr. Bob Apter, 4804 Harbor View Place, Director of the Emergency Department at Island Hospital, addressed the Council. As host coordinator for the Rotary sponsored "Open World Program" Mr. Apter introduced 5 delegates from Russia here in Anacortes on an 8 -day tour of the City and its medical facilities. The Russian physicians and group members were in the audience and were welcomed by the Council. Mrs. Richardson, on behalf of the Public Works Committee reported that Mr. Hoboy will be the Council representative on the Municipalities Committee. This Committee position is a requirement of the City's Solid Waste Interlocal Agreement. Mr. Sizemore reported that the Public Safety Committee met with the Police Chief, City Attorney, and Mayor to discuss the motorized scooter ordinance now under development. A draft document will be before the Council at the next Study Session. The Committee also discussed remedies to the feral cat situation. Consent Agenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on June 10, 2004 and June 17, 2004 for payment as of this date June 21, 2004. Claims Warrants for the month of June Warrant Numbers 27263 through 27479 in the total amount of $441,343.58 Prewritten Claims for the month of June Warrant Numbers 27262 and 27262 in the total amount of $12,986.10 Pavroll for June 15. 2004 in the total amount of $405.100.04 Warrant Number 25571 through 25657 in the total amount of $68,750.00 Direct Deposit Numbers 11180 through 11331 in the total amount of $217,404.63 EFT Numbers 311 through 314 in the total amount of $118,945.41 In the same motion Council adopted Resolution No. 1676 setting July 19, 2004 as the Public Hearing date on a petition to vacate a portion of Illinois Avenue; and Approved the 4th of July Extravaganza street fair application submitted by the Anacortes Women of Today. City staff approved the associated parade route, parking restrictions, street closure, and Public Works services; and Approved the street fair application submitted by the Fraternal Order of Eagles # 249 for the August 20, 2004 and August 21, 2004 annual Eagles Barbecue at 901 7th St. City staff approved the associated street closure, parking restrictions, and Public Works services. Ordinance: Chanaina Tvler Circle to Tvler Wav Mr. Bob Hyde, Director of Public Works, presented an Ordinance to Council for review and adoption. Mr. Hyde explained that, if adopted the Ordinance authorizes changing Tyler Circle to Tyler Way in order to eliminate confusion and to more accurately describe the street in keeping with standard naming conventions for the City. Residents of the street were notified of the proposed change. With that, Mr. Rock moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2668 entitled "An Ordinance Changing the Names of Certain Streets" (Tyler Circle to Tyler Way). Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Sizemore, and Adams. Motion carried. June 21, 2004 -- continued Ordinance: Adopting State Building Code Mr. Ed Frank, Building Official, introduced an Ordinance to Council for review and adoption. The Ordinance was previously review by Council in Study Session and the document before Council reflects the associated revisions and corrections. One revision includes a $55.00 hourly rate for Building Department extra inspections. With that, Mrs. Richardson moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2669 entitled "An Ordinance Adopting the International Building Code, International Building Code Standards, International Mechanical Code, Uniform Fire Code and Uniform Fire Code Standards, Providing for the Issuance of Permits and Collection of Fees Therefore, Providing Certain changes to Said Uniform Codes, Providing Penalties Therefore, and Repealing Ordinance # 2488, passed and approved on the 15`h day of April, 2002". Vote: Ayes - Richardson, Rock, Hoboy, Sizemore, Adams, and Christiansen. Motion carried. Ordinance: Revising Municipal Code Cites to the Buildina Codes Mr. Ed Frank, Building Official, Introduced an Ordinance to Council for review and adoption. The Ordinance clarifies references to the International rather than Uniform Building Codes. With that, Mr. Rock moved, seconded by Mr. Hoboy to adopt Ordinance No. 2670 entitled "An Ordinance Revising Municipal Codes Cites to the Building Codes". Vote: Ayes - Rock, Hoboy, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Award Contract: Ship Harbor Pump Station Construction Mr. Bob Hyde, Director of Public Works, reported that staff recommends award of the contract for the regional Ship Harbor Pump Station to the second low bidder. The project will provide a regional pump station for the areas adjacent to Ship Harbor as well as Clearidge. During the background and responsibility check the apparent low bidder, Soto and Sons, did not meet the spec criteria regarding field experience. In light of that staff recommends that the Ship Harbor Pump Station be awarded to Callen Construction Co. in the amount of $513,900 including tax. Mr. Roger Myklebust (Ray, Swanson & Cleveland, Attys.) special counsel for the City of Anacortes on construction matters reviewed the bid irregularities and supports staff's recommendation. Mr. Myklebust explained that the determination was based on criteria established by the Public Works Department; the only alternative would be to set aside the award entirely and rebid the project. He also explained that no damages can be awarded against a municipality for failing to award a bid. After discussion, Mr. Christiansen moved, seconded by Mrs. Richardson to award the Ship Harbor Pump Station project to Callen Construction in the amount of $513.900 including tax. Vote: Ayes - Hoboy, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Award Contract: Enqineerinq Services/24" Waterline Replacement - Segments 5-6 Mr. Bob Hyde, Director of Public Works, presented a request to Council for approval to enter into an Agreement with Montgomery Watson Harza for preliminary design work on Segments 5 and 6 of the 24" waterline replacement project. These segments involve the area between the Water Treatment Plant and Bradshaw Road including crossing the Skagit River. Discussion followed regarding the preliminary design task order, which includes geotechnical investigation, survey, and base mapping. Discussion followed regarding line design, and time frame for river boring samples. After discussion, Mr. Hoboy moved, seconded by Mr. Adams, to authorize the Mayor to enter into an Agreement with Montgomery Watson Harza for preliminary design work on Segments 5 and 6 at a cost not to exceed $336,973.00. Vote: Ayes - Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Approval: Interlocal Agreement with Port of Anacortes for Skvline Outfall Dredqinq Mr. Bob Hyde, Director of Public Works presented an Interlocal Agreement between the City of Anacortes and the Port of Anacortes regarding Skyline Marina dredging for Council review and approval. The Port intends to begin its first phase of maintenance dredging at the Cap Sante Boat Haven soon; at the same time the City has time restraints for dredging improvements to the storm sewer outfalls in the Skyline Marina. In light of that the Port drafted the Agreement now before Council to include the City's scope of work in with the larger Cap Sante dredging project. This action could provide cost savings for the City; the City will be able to review the bids when they're submitted to the Port. After discussion, Mr. Christiansen moved, seconded Mrs. Richardson, by to authorize the Mayor to enter into an Interlocal Agreement with the Port of Anacortes regarding dredging of storm sewer outfalls for the City of Anacortes' Skyline Marina Property. Vote: Ayes - Adams, Christians, Richardson, Rock, Hoboy, and Sizemore. Motion carried. Meeting Adiourned There being no further business at approximately 8:45 p.m. Mayor Pro -tem Sizemore adjourned the meeting of June 21, 2004. J Jenif� roxel, interim CityClerk-Treasurer H. Dean Maxwell, Mayo -16?� —91f�k Councilmember 11P 4 , 9 ��Lf 'L / g-5�5 Vb-,L-CP 1852 July 6, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday, July 6, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Rock to approve the minutes of June 21, 2004 with the following correction: Citizen Hearinas, second line, ...on behalf of all the owners of a site generally located at [�osercc�crv^}�rtien Thompson Road..." Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Abstain: Petrish. Motion carried. Citizen Hearings No one present wished to testify on matters not on the agenda. Mayor/Council Communication Police Chief Mike King and Fire Chief Richard Curtis reported on the 4th of July events requiring Public Safety response. The Police Department received 63 fireworks related calls; the Fire Department responded to 3 brush fire calls. The Mayor reported that the 4th of July parade and 125th birthday celebration were a great success due to the efforts of the Anacortes Women of Today. The Mayor presented a letter from the Washington Finance Officer's Association announcing that Jenifer Troxel has earned the Professional Finance Officer award for the State of Washington. This honor requires ongoing educational and professional excellence on the part of the individual. Ms. Troxel has been a recipient of this award for the last 14 years and the Mayor expressed appreciation for her hard work. Skagit County has called a Public Meeting for 7:00 p.m., Wednesday, July 7th at the Skagit Valley College cafeteria to discuss rural water rights in the Skagit River Instream Flow Rule. The Mayor will attend the meeting and is confident that there will be a successful resolution to these issues. Mr. Adams would like an update on the Anacortes School District observance of Conditional Use Permit conditions for the modular building at 22nd Street and "J" Avenue. Staff will follow up on permit compliance. Consent Aqenda Mrs. Richardson moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on June 24, 2004 and July 1, 2004 for payment as of this date July 6, 2004. Claims Warrants for the month of June Warrant Numbers 27484 through 27647 in the total amount of $257,229.56 Prewritten Claims for the month of June Warrant Numbers 27480 through 27483 in the total amount of $155,402.47 Pavroll for June 30, 2004 in the total amount of $613,043.53 Warrant Number 25659 through 25756 in the total amount of $220,763.36 Direct Deposit Numbers 11332 through 11441 in the total amount of $222,679.01 EFT Numbers 292 through 319 in the total amount of $169,601.16 In the same motion cancelled Claims Warrant 27439 in the amount of $100.00 and Claims Warrant 27330 in the amount of $275.75; Council also accepted the Segment 4 of the 24" waterline replacement project as complete thereby initiating the mandatory 30 -day lien period. The line is in full service with a final project value of $2,881,818.66 including sales tax. If no valid liens are filed any retainage now held by the City will be returned to the contractor, James W. Fowler, Co. 1353 July 6, 2004 -- continued Ordinance: Establishinq Restrictions of Motorized Scooters in the City of Anacortes Police Chief Mike King presented an Ordinance to Council for review and adoption. If adopted the Ordinance would establish guidelines for the use of motorized scooters within the City. Chief King reported that the Ordinance reflects the modifications recommended by Council in Study Session. The Chief also noted that the City of Seattle passed a similar Ordinance, as have other communities in the State. The State is also developing legislation in this regard. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to adopt Ordinance No. 2671 entitled "An Ordinance of the City of Anacortes Establishing Restrictions of Motorized Scooter Use within the City and Creating Chapter 9.56, Title 9 of the Anacortes Municipal Code". Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Award Contract: North Texas Road Waterline Desiqn Mr. Jeff Miller, City Engineer, presented a request to Council to award the design contract for the North Texas Road Waterline. Mr. Miller explained that the refineries are currently fed by a 20" waterline that is deteriorating and subject to a number of protection issues. The Gray and Osborne contract now before Council authorizes Phase I pre -design components including an initial permitting review, a geotechnical analysis, and surveying necessary to design a new waterline and to place it in a new route. There will be a number of environmental permits required for this project and there is a need to know what to anticipate and what initial construction costs will be. Mr. Miller emphasized that the waterline design needs to be in place should the 20" line fail. Discussion followed Capital Facilities Plan proposed costs and funding for this project, document typos, size of pipe, and potential line location. After discussion Mrs. Richardson moved, seconded by Mr. Sizemore to authorize the Mayor to enter into an agreement with Gray and Osborne for design work (Phase 1) on the North Texas Road Waterline. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. At approximately 8:10 p.m. Mayor Maxwell announced that the meeting is continued to Monday, July 12, 2004 at 7:30 p.m. for the purpose of the Thompson Trail Construction Contract Award. J�ifer T¢oxel, Interim City Clerk H. Dean Maxwell, Mayor Coun(member 1856 July 12, 2004 -- Continued from July 6, 2004 Mayor Maxwell the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Terry Christiansen, Bud Rock, Cynthia Richardson, Loren Hoboy, Nick Petrish, and Brad Adams. Absent: Ray Sizemore. The Mayor then announced that the New Wilson Hotel historic renovation project had received state housing tax credits and that with this news the 25 -unit housing project proposed by the Anacortes Housing Authority was fully funded and should be complete next year. Mayor Maxwell also reported that the City was successful in securing $100,000 grant from the federal/state Safe Sidewalks for Schools grant program. Ms. Margaret Frey, Chair of the Anacortes' 125th Birthday Party Committee, thanked the Mayor and Council for their support of the July 4th event. Ms. Frey was pleased to report that the event was extremely successful and that her committee had been able to repay the City for the approximately $1,000 that the City had initially put forward. Mayor Maxwell thanked Mrs. Frey and her committee for an outstanding event. Bid Award – Tommv Thompson Parkway Construction Proiect Mr. Jeff Miller, Assistant Public Works Director, presented a summary of the bids received for the Tommy Thompson Parkway Project from 34th Street to the Burlington Northern trestle. Mr. Miller informed the Council that seven bids had been received and that the low bid was from Ward Construction in the amount of $603,655. Mr. Miller recommended award of the construction contract to the low bidder, Ward Construction. After discussion, Mr. Adams moved that the contract be awarded to Ward Construction. The motion was seconded by Mr. Petrish and passed unanimously. The Planning Director, Ian Munce, presented to the City Council a draft comment letter that he had prepared on a Port Declaration of Nonsignificance on a tree removal project at the Anacortes Airport. The Port is proposing to cut 57 trees at the Anacortes Airport for safety purposes. Five of these trees are either in a wetland or wetland buffer. Mr. Munce explained why he had concluded that this work was a permitted activity under the City wetland ordinance as a valid maintenance project for the Anacortes Airport, provided that mitigation is provided for the net loss of habitat function and value. In this regard, the Port will be using best management practices and leaving the five trees in the wetland/wetland buffer area. City Councilmembers asked that the letter be somewhat stronger as to the mitigation work being a requirement and that this project should not be considered to set a precedent for a much larger project currently being reviewed by the Port relative to the removal of approximately 500 trees. Mr. Munce agreed to include these references in his letter. There being no further business to conduct the Mayor adjourned the continued meeting at approximately 8:15 p.m. JeniZr Trox Interim City Clerk H. Dean Maxwell, Ma r 112— `� Council mber 1857 July 19, 2004 Mayor Maxwell called the City Council Meeting to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Cynthia Richardson, Terry Christiansen, Loren Hoboy, Brad Adams, Nick Petrish, and Bud Rock. Roll call was followed by the Pledge of Allegiance. Minutes of Previous Meetinqs The Minutes of the July 6 and July 12, 2004 meetings were approved on a motion by Ms. Richardson, seconded by Mr. Rock, and passed unanimously. Citizen Hearings Mayor Maxwell introduced Nicole Johnston, Recreation Coordinator for the City Parks and Recreation Department, who presented a plaque to show the City's appreciation to the Fidalgo Chapter of Puget Sound Anglers for their work with the youth fishing derby held at Heart Lake on June 7, 2004. Ms. Johnston thanked all of those who donated their time, in particular to Don Pitner, President of Fidalgo Puget Sound Anglers, and Karl Frantz who made sure that the lake was stocked with fish. Mr. Frantz then thanked all of those businesses who donated prizes for the event. Mavor/Council Communication Mayor Maxwell asked the Councilmembers to cc him on email to City staff in order to keep him better informed and allow him to follow up on particular issues with City staff. Critical Areas Ordinance Update The Planning Director, Mr. Ian Munce, explained that the Critical Areas Ordinance update needed to go to the State for the mandatory 60 -day comment period. The Planning Commission had prepared a draft update for fish and wildlife habitat conversation areas and wetlands, and the City Council had previously adopted interim ordinances covering the other three critical areas (aquifer recharge areas, geological hazardous areas, and frequently flooded areas). All five critical areas proposals/interim ordinances need to be sent to the State. Nearly all of the comments received during the City Council public hearing on critical areas were on wetland and fish and wildlife habitat conservation areas. The Council Ad -Hoc Planning Subcommittee had worked through this draft with the Planning Director and there was now a new version available that attempted to address the many issues raised during the public hearings. Mr. Munce recommended that this draft be sent on to the State and that there then be further discussion among Councilmembers once the State comments had been received. Thereafter, there would be a new hearing or hearings scheduled that would give the public an opportunity to comment on the final Council proposal for changes to the Planning Commission recommendation. Mr. Sizemore then moved that the three interim ordinances and the two draft ordinances before the Council that evening be forwarded to the State for the 60 -day comment period. The motion was seconded by Mr. Petrish and passed unanimously. Rock Ridge South Decision The Planning Director introduced the Findings of Fact and Conclusions of Law that he had prepared after the City Council reviewed the appeals of the Planning Commission's approval recommendation on this project. These Findings included a number of revised conditions to address the issues raised on appeal. Mr. Christiansen and Ms. Richardson excused themselves from this item. The Council reviewed the proposed conditions in detail. Mr. Hoboy then moved: that the Council approve Phases I, III, and those portions of Phases II and IV lying due west of "C" Road outside the Cranberry Lake watershed with the conditions recommended by the Planning Commission and reject Phases IV and V where they lie within the Cranberry Lake watershed with the additional condition that no construction, landscaping, grading, drainage, or machinery incursion occur with the pre -development Cranberry Lake watershed boundary as also shown on Exhibit #6 aka marked PS III, PS II, and PS I without first coming back before the Planning Commission for review and City approval of an alternative program. The motion died for lack of a second. After further discussion, Condition #40 was amended to "Make it clear that the water quality plan was to be done prior to any construction beginning on the plat." A Condition #41 was added as follows: "Only organic, as opposed to chemical agents, may be used to combat weeds, underbrush, and the like." A Condition #42 was added as follows: "A five-year maintenance bond shall be established after completion of the final phase of the project; this maintenance bond is to assure that any remedial water -quality actions that need to be taken are taken." Finally, Condition #41 was renumbered Condition #43. This action was taken on a motion by Mr. Sizemore, seconded by Mr. Hoboy, and passed unanimously. Mr. Christiansen and Ms. Richardson returned to the Council Chambers for the remainder of the meeting. July 19, 2004 -- continued Citv Hall Boxing Club Use Agreement Mr. Gary Robinson, City Parks and Recreation Director, presented a proposed use agreement for the boxing club to use the basement at City Hall. The City Council had previously asked for a number of changes in the draft agreement in order to provide the City more flexibility in scheduling the entire building and also to minimize the City's liability. Mr. Robinson reviewed these changes with the Council. After further discussion, Ms. Richardson moved that Resolution #1677 entitled, "A Resolution Authorizing Staff to take the Necessary Steps to Enter into a Use Agreement with the Fidalgo Island Boxing Club for the Use of a Portion of the Municipal Building" be adopted. The motion was seconded by Mr. Rock and passed unanimously. Consent Aqenda Mr. Rock moved that the Consent Agenda be adopted as presented with the detailed voucher approval included within this action. The motion was seconded by Ms Richardson and passed unanimously. Approval of Vouchers/Cancellation of Warrants: Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on July 8, 2004 and July 15, 2004 for payment as of this date July 19, 2004. Claims Warrants for the month of July: Warrant #s 27649 through 27865 in the total amount of $437,700.59. Prewritten Warrants for the month of July: Warrant #27648 in the amount of $12,311.13. Cancellation of Warrants for the month of July: Warrant #26396 in the amount of $7,792.00. Ordinance Correcting Recitals in Interim Airport Zoning Ordinance #2645: Council adopted Ordinance #2672 correcting above referenced Ordinance. Resolution Setting Public Hearing Date—Vacation of Portion of "C" Avenue: Council adopted Resolution #1678 setting a public hearing date for August 16, 2004. Public Hearinq: Vacation Portion of Illinois Avenue – Finn Mayor Maxwell opened a public hearing on a proposed vacation of a 100 -foot by 16 -foot strip of Illinois Avenue adjacent to 3310 W. 2nd Street. Mr. Bob Hyde, Director of Public Works, explained that it was unlikely that Illinois Avenue would ever be connected through to Oakes Avenue. However, a small strip of right-of-way could be vacated on either side of Illinois Avenue and still leave room for the standard 50 -foot city right-of-way (the current Illinois right-of-way is 80 feet). The Councilmembers expressed concern that in order for this objective to be accomplished, only 15 and not 16 feet should be vacated. This 15 -foot vacation was what had been recommended by the City Board of Adjustment. The City Attorney advised that the application could be corrected to read "15" rather than "16" feet and action taken. Mr. Hyde added that there were no City utilities involved with this project. Mr. Hoboy and Mr. Petrish expressed concerns about issues that had been raised in the surrounding neighborhood. After discussion, Mr. Christiansen moved that a 15 -foot vacation be granted. The motion was seconded by Mr. Hoboy. Vote: Ayes – Christiansen, Richardson, Rock, and Adams. No – Hoboy and Petrish. The motion carried. Second Quarter Budqet Amendment Ordinance Mayor Maxwell, and Interim Finance Director, Ms. Jenifer Troxel, reviewed this budget amendment in detail with the Council. In response to questions, Ms. Troxel clarified the fund balances that were available to cover these new projects, many of which were primarily grant funded. After discussion, Mr. Sizemore moved that Ordinance #2673, entitled "An Ordinance Amending Ordinance # 2633 Approved and Adopted on November 3, 2003 and Entitled 'An Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 2004"' be adopted. The motion was seconded by Mr. Rock and passed unanimously. Mr. Sizemore excused himself from the meeting at this point. Proposal to Assign Recvclinq Contract to Waste Management Mr. Bob Hyde, Director of Public Works, then presented a request from Rabanco to assign their recycle contract with the City to Waste Management. Mr. Hyde explained that this was a discretionary decision on the part of the City but that Rabanco wanted to exchange some areas with Waste Management in order to provide for more efficient operations of both businesses. During discussion, the Council agreed that it would be appropriate to solicit a response from Waste Management as to how they would handle the contract it the Council did, in fact, approve the transfer. Mr. Hoboy moved that the Rabanco proposal be rejected until additional information is received. The motion was seconded by Mr. Petrish. At this point, though, Mr. Rock moved that action be tabled on this item. The motion was seconded by Mr. Christiansen. 1859 July 19, 2004 -- continued The motion to table passed unanimously. Councilmembers were requested to get their questions to Mr. Hyde in this regard. Port Airport Hangar DNS The Planning Director, Mr. Ian Munce, reviewed a draft letter that he had prepared to comment on the Port's Declaration of Nonsignificance from Mr. Freeman's hangar proposal. Mr. Munce explained that the DNS was deficient in that it did not identify that a conditional use permit would be needed from the City for these hangars. Under this circumstance, Mr. Munce indicated that he would be requesting that the Port withdraw their current DNS and reissue a corrected checklist. In addition, Mr. Munce asked that this reissued checklist address noise mitigation and landscaping as well as how this new hangar proposal affected long-term airport development and mitigation of airport impacts. The Council made no proposals for additions to this letter. Under discussion, though, it became clear that the City may be losing its opportunity to have the proper environmental information before it for the conditional use review if the Port chooses not to accept the Planning Director's recommendation to withdraw, correct, and reissue. Mr. Munce indicated his leaning under this circumstance towards adopting SEPA lead agency status for this project to ensure that all the proper information is provided. Mr. Munce added that additional cost of this work would be borne by the Port. Mr. Christiansen moved that the City Council support such as action if the Port does not withdraw, correct, and reissue. The motion was seconded by Mr. Adams and passed unanimously. Executive Session The Council then went into Executive Session to discuss a possible land transaction. The meeting reconvened approximately 20 minutes later. Mayor Maxwell then continued the meeting to Monday, July 26, 2004 at 7:30 p.m. for the purpose of approving the Marine Drive Contract. *fir Tr6xel, Interim City Clerk H. Dean Maxwell, Mayor V Coun ember July 26, 2004 -- Continued from July 19, 2004 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Terry Christiansen, Ray Sizemore, Brad Adams, Cynthia Richardson, Bud Rock, and Nick Petrish. Absent: Loren Hoboy. Mr. Bob Hyde, Director of Public Works, reviewed the Marine Drive road, bicycle path, and sidewalk improvements. Mr. Hyde stated that the City was in a position to award a bid for this state grant -funded safety project. Mayor Maxwell noted that a number of neighbors were present this evening and had concerns about this matter. Accordingly, it was decided that the City Council would hold a public hearing on the evening of August 9, 2004 to consider comments and take appropriate action. There being no further business, the continued meeting adjourned at approximately 8:00 p.m. Jeni 'Moxe( Interim City Clerk August 2, 2004 A,e-,a, --m� H. Dean Maxwell, Mayd'r Councilmem er At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of August 2, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore to approve the minutes of July 19, 2004 and July 26, 2004 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Mr. Hoboy abstained from voting on the minutes of July 26, 2004. Citizen Hearings Mr. Vince Oliver, Island Hospital Administrator, addressed the Mayor, Council, and audience. Mr. Oliver presented an overview of the upcoming hospital district bond issue (September 14, 2004). With the use of graphs he illustrated the projected increase in numbers of births, emergency visits, diagnostic imaging, and patient days over the next decade. His presentation also included illustrations of the proposed facility renovation. The expansion includes doubling the size of the emergency room, adding 31 new patient rooms designed to be flexible, and moving the diagnostic imaging center closer to the emergency room. Mr. Oliver further explained that the expansion should serve the community well over the next four decades. Financially, the bond represents $.63/$1000 of assessed valuation. The Mayor and Council thanked Mr. Oliver for the update. :Mayor/Council Communication Mayor Maxwell introduced Pam and Phil Griffin to the Council and audience. The Griffins are recipients of the Mayor's Pride of the Neighborhood Award. Their commercial building at 701 Commercial has undergone an extensive remodel with particular attention paid to preserving the historic aspect of this site. The Griffins received a Certificate and window sign recognizing their building as an Award winner. Mr. Hoboy asked the Council to consider forming a committee to evaluate appropriate mitigation measures for future airport development. One associated task will be to study appropriate noise levels for determining mitigation. In that regard, Mr. Hoboy suggested evaluating current noise ordinances for adequacy for community needs. The Council agreed to discuss this matter in Study Session. 1861 August 2, 2004 -- continued On a related matter, Mr. Ian Munce, City Attorney, reported that the Port of Anacortes has withdrawn a recent Determination of Nonsignificance (DNS) issued for an Anacortes Airport hangar proposal. Additionally, a revised Environmental Checklist will be submitted with the updated DNS addressing, in part, noise mitigation measures and a landscaping plan. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on July 22, 2004 and July 29, 2004 for payment as of this date August 2, 2004. Claims Warrants for the month of July Warrant Numbers 27867 through 28020 in the total amount of $300,533.00 Prewritten Claims for the month of Julv Warrant Number 27866 in the total amount of $250.00 Pavroll for July 15, 2004 in the total amount of $431,013.04 Warrant Number 25758 through 25842 in the total amount of $69,790.83 Direct Deposit Numbers 11504 through 11656 in the total amount of $234,131.85 EFT Numbers 320 through 326 in the total amount of $127,090.36 Ovster Run Street Fair Application Mayor Maxwell presented a Street Fair Application submitted by the Oyster Run Committee for street closures on September 26, 2004 from 6:00 a.m. to 7:00 p.m. in downtown Anacortes. Councilman Sizemore, on behalf of the Public Safety Committee expressed growing concerns regarding safety issues related to this event. With larger crowds each year the community could face the potential for mishaps and likely will experience an associated strain on services brought about by the volume of bikes and people. Police Chief Mike King reported that there might be a need to request outside resources to handle traffic control. Suggestions were offered to mitigate congestion including the Oyster Run Committee's use of an event consultant to improve the administration of this activity. Chief King proposed meeting with Council after the Oyster Run to analyze this and all other festival activities for the purpose of developing a community event policy Ordinance. Staff recommends approval of this year's proposal subject to the applicant's submitted plan, With these concerns in mind, Mr. Sizemore moved, seconded by Mrs. Richardson, to approve the Oyster Run Street Fair application for 2004. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Closed Record Meetinq: Cottaqes by Habitat Preliminary Development Plan and Associated Appeals: The proceedings are on tape and filed at City Hall Mayor Maxwell initiated the second Closed Record Meeting for the Cottages by Habitat Preliminary Development Plan application for a 17 -unit residential Planned Unit Development (PUD) generally located at West 2nd Street and New York Avenue. Mr. Ian Munce, Planning Director, highlighted the PUD key issues. He explained that the first step in the PUD process is to review and approve a design concept. The final design would follow on as step two, with final plat approval as step three. This design is also a replat of an existing 100 -year old plat, which would take 2nd street through to Anacopper Road to the west - although Public Works staff recommends against that street pattern. The owner has the right to build under the existing grid but has proposed a different lot layout providing for more open space and larger lots but will increase density from 12 to 17 homes. The Planning Commission recommended approval subject to conditions. Appeals were filed and the Council heard the appeals and discussed the project details. While varying opinions were offered on the aesthetics of the proposal, the traffic pattern issue was remanded back to the Planning Commission for hearing. Again, the Planning Commission recommended approval with a West 2nd access and Minnesota connection to Oakes. Revenues from associated street vacations would contribute toward these improvements. Three appeals of the Planning Commission decision were filed. The following three appellants addressed the Council: (1) Ms. Erin Vandeway, 3602 West 2nd Street, spoke against the project and suggested that density and concept issues were not addressed in the second Planning Commission hearing. She then reviewed comments previously made by Council. She questioned traffic impacts to Oakes Avenue, and highlighted the lengthy WSDOT review process. (2) Mr. Robert Linder, 3608 West 2nd Street, spoke against the PUD concept, density, and access. (3) Ms. Tara Linder, 3608 West 2nd Street, questioned 1862 August 2, 2004 -- continued the appeal process and spoke against the project and spoke against this type of housing in her neighborhood. Mr. Pete Peterson, applicant, discussed preliminary site and landscape plans. The project roads will be public, and he described roadway characteristics. He reviewed the Minnesota connection, and West 2nd development referencing a latecomer agreement to recover costs. He underscored the need for left turn lanes off of Oakes Avenue. He also asked to be allowed more time to develop a landscaping plan. Mr. Bob Hyde, Director of Public Works, having worked closely with Mr. Peterson and the neighbors looked into the Minnesota and Kansas connections with WSDOT staff. Mr. Hyde agreed that it would be a lengthy process to develop a traffic study and channelization plan; the project could be bonded in anticipation of eventual WSDOT approval. He suggested that the access would be similar to that recently completed at 12th Street and Steinman's Grocery. Having said that, staff recommends Kansas as the access point citing slope considerations and future connections in the area. Additionally, New York Avenue to West 3rd is also a possibility. Mr. Adams discussed West 2nd safety issues. It was clarified that the additional home sites will help make the off-site improvements possible. Mr. Hyde confirmed that should the W. 2nd grid be developed a through road to Anacopper would not be approved by the City. Mr. Hoboy expressed concern regarding the landscaping plan, bicycle path and walkway to be available to the general public. Mr. Sizemore suggested that this is the wrong location for this project based on density and access concerns. Mr. Petrish also spoke against the project. Mr. Hoboy suggested the application was well thought out allowing for consumer choice and as designed doesn't interrupt the neighborhood. Mrs. Richardson pointed out that the Oakes Avenue connections are for a sub -regional traffic planning exercise; this project shouldn't be tied to resolution of those issues. Mr. Munce suggested that should there be an affirmative vote, Condition 27 could to read "prior to final development plan approval the final landscaping plan will be approved by the Planning Commission and City Council." New condition # 35 that would read, "Prior to final development plan approval a financing plan for the off-site road improvements must be approved by the City Council. This plan must provide for Ohio Avenue to go through to West 3rd and West 2nd Street to be connected to Minnesota and Kansas to go through from West 2nd to Oakes." Conditions 20, 24, and 30 should be stricken. After discussion, Mr. Sizemore moved, seconded by Mr. Petrish, to deny the project based on the uncertainties and thereby granting the appeals. Vote: Ayes — Christiansen, Petrish, Sizemore, Adams. No — Richardson, Rock, and Hoboy. Motion carried. Closed Record Meetinq: Verizon Facility Expansion — 3806 "O" Avenue Mayor Maxwell initiated the Closed Record Meeting for a Conditional Use Permit application submitted by Verizon Northwest to expand the facility at 3806 "O" Avenue. Mr. Ian Munce, Planning Director, reported that this development is driven by an increased demand for goods and services. The City issued a Conditional Use permit for the residential -style facility on "0" Avenue in 1987. The request for a larger facility triggered a new public hearing. The significant issues raised before the Planning Commission are addressed as conditions 9 and 10: "A regular City street light shall be installed on "O" Avenue at the applicant's expense"; and "The landscaping along Taylor Street shall be replaced with landscaping approved by the Planning Director and shall be regularly maintained." There were no appeals. Verizon has committed to repair the existing landscaping challenges; long-term maintenance is required and non- compliance will initiate fines. After discussion, Mr. Christiansen moved, seconded by Mr. Rock, to approve the Verizon Conditional Use application to expand the facility at 3806 "O" Avenue subject to 10 conditions outlined recommended by the Planning Commission. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Closed Record Meetinq: Verizon Facility Expansion — 5200 Sunset Avenue Mayor Maxwell initiated the Closed Record Meeting for a Conditional Use Permit application submitted by Verizon Northwest to expand the facility at 5200 Sunset Avenue. Mr. Ian Munce, Planning Director, reported that the City Council approved a Conditional Use Permit for a Verizon facility at this location in 1986. The expanding industry requires additional equipment; as part of the staff review Public Works recommends that Verizon pay their share of Sunset Avenue, Ferry Terminal Road, and Anaco Beach Road improvements as required by the Public Works Director and City Ordinances. The landscaping will continue to obscure the facility from view. With that, Mr. Christiansen moved, seconded by Mr. Hoboy, to approve the Verizon Conditional Use application to expand the facility at 5200 Sunset Avenue subject to the 8 conditions recommended by the Planning Commission. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. August 2, 2004 -- continued Fir Crest PUD: Requested Lot Coveraqe Modification Mr. Ian Munce, Planning Director, presented a request from Nels Strandberg, principal for the Fir Crest Planned Unit Development on "A" Avenue. Mr. Strandberg asked that the Council approve an increase in lot coverage for two-story units from 35% to 41 %. The request is made in order to allow two-story homes to have a raised deck. Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the grant the request for permit modification; this change will be reflected in the final plat application. Mrs. Richardson asked to know how many homes would be affected by this modification. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Public Hearinq: Heart Lake Manaqement Plan Mayor Maxwell opened the Public Hearing to take comment on the Draft Heart Lake Management Plan. Mr. Jonn Lunsford, Parks and Forestlands Manager, explained that in 2002 the State of Washington deeded Heart Lake State Park to the City of Anacortes. The transfer was made with a number of conditions regulating its use as a recreational area. Work on the Heart Lake Management Plan was begun in 2003 and the document now before Council reflects the community and committee input to date. Council previously reviewed this matter in Study Session. The Mayor then opened up the meeting for public comment. Ms. Phyllis Dolph, 2320 26th St., spoke in favor of the draft document citing protections for swimmers and other environmental safeguards included in the Plan. Mr. Virl Fann, 1211 29th St., asked for the continued use of motorized vehicles on the Lake. Mr. Paul Sund, 4819 Green Hills Court, expressed appreciation for the overall Plan development process and spoke in favor of its adoption. There were no further comments and the Mayor declared the Public Hearing closed. This matter will be brought back to Council for deliberation. Award Small Diameter Waterline Replacement Contract Mr. Bob Hyde, Director of Public Works, reported on the bid results for the waterline replacement program. Fourteen bids were invited with two received. Trico Contracting Inc., Burlington, submitted the low bid of $207,708.04. This program will rehabilitate or replace most of the waterlines in Division 6, Skyline and will include some repairs to the 36 -inch transmission pipe on the north side of SR -20. Reference checks were positive and staff recommends awarding the contract to Trico. Mr. Rock asked for a report on construction and costs. After discussion, Mrs. Richardson moved, seconded by Mr. Adams, to award the waterline replacement work contract to Trico Contracting, Inc. in the amount of $207,708.04. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Award Contract for "T" Avenue Overlav Mr. Bob Hyde, Director of Public Works, reported on the bid results for the 2004 Street Overlay project. Work to be done includes overlay and reconstruction of "T" Avenue from 34th Street to North of 28th Street. Bids were opened on July 27, 2004 with the low bid from Lakeside Industries, Anacortes in the amount of $169,962.50. Discussion followed regarding the condition of the street base and the bid differential. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to award the 2004 Street Overlay Project to Lakeside Industries in the amount of $169,962.50. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Award Contract to Construct W.T. Preston Interpretive Center Mr. Garry Cline, Museum Director, presented a request for Council to consider a bid award for the W.T. Preston Heritage Interpretive Center. The Center will educate the visitors with displays and exhibits explaining what Snag Boats were used for and what they represent. Mr. Cline then listed the project amenities highlighting that the facility will add to the area as a cultural heritage site. The public restrooms will be open weekends April through September and weekdays during July and August. If possible, the Museum Department will staff the site on weekends year round. Mr. Bob Hyde, Director of Public Works, reported that bids for this project were opened on July 27, 2004 with the low bid received from Roosendaal-Honcoop, Bellingham in the amount of $447,777.00. Monies from the City of Anacortes Tourism Fund in the amount of $41,804.00 will be applied to the cost of the Public Restrooms. Reference checks for Roosendaal were positive and staff recommends awarding the contract. Discussion followed regarding parking, access to the Farmers Market, operating costs, and appreciation for the Port of Anacortes contribution to the site. With that, Mr. Sizemore moved, seconded by Mrs. Richardson, to award to the W.T. Preston Interpretive Center contract to Roosendaal-Honcoop in the amount of $447,777.00 (with funding from the Tourism Fund in the amount of $41,804.00). The Mayor was encouraged by the development of a Master Plan for this i. August 2, 2004 -- continued significant community complex. Vote: Ayes —Adams, ChriMiansen, Petrish, and Sizemore. Motion carried. Richardson, Rock, Hoboy, Acceptance of Snow Mountain Mills Sewer Extension Proiect — Snelson Corporation Mr. Bob Hyde, Director of Public Works, reported that the sanitary sewer extension to Snow Mountain Mills, 9663 South March Point Road, is complete. The project was awarded to Snelson Companies, Inc. on June 1, 2004 and 516 feet of sewer main extension and replacement of 120 feet of inadequate culvert pipe were completed in a cooperative and successful manner. With that, Mr. Adams, moved, seconded by Mr. Rock, to accept the Snow Mountain Mills Sewer Extension Project (in the amount of $119,107.45 including tax and retainage) as complete thereby initiating the mandatory 30 -day lien period. If no valid liens are filed retainage now held by the City will be returned to the contractor. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Ship Harbor Pump Station: Legal Action Mr. Ian Munce, City Attorney, initiated the Pump Station discussion by reviewing action taken by the City to facilitate the development of all aspects of the Ship Harbor regional pump station improvements — a facility that will serve customer needs in the Ship Harbor area. Mr. Munce cited City assistance in addressing the needs of the Leeward owners, Port of Anacortes, Portales and the Samish Tribe; work included development of a consolidated pump station, easements, and a latecomer's agreement. After the contract was awarded to Callen Construction property owners asked to move the pump station. In the spirit of cooperation the City agreed to assist in this request and asked for a $150,000 deposit toward that effort. To date the City has not received the deposit and the Leeward owners, through their attorney, have refused Callen Construction access through the agreed -to easement on their property. Mr. Munce emphasized that there is no time to wait; the City must act now to avoid condemnation action. Mr. Dan Stahl, Port Director, spoke in favor of the City's basin approach to the pump station construction and supports the City's efforts to resolve these issues. Mr. Steve Mansfield, attorney for Al Schroeder, Portalis, underscored that time is critical to the project as homes are being built and Portalis will need somewhere to run sewage. If this goes to litigation Mr. Schroeder will have to move toward a small-scale station thereby losing a funding source for the regional facility. Mr. John Paul Cox from John R. Cox and Associates expressed surprise at the apparent urgency and suggested that 150,000 is an extreme amount for a small change in the station location. Mr. Munce explained that the $150,000 includes engineering costs. Mr. Bob Hyde, Director of Public Works, used an overhead drawing to illustrate that even a small change in locating the pump station will move the station into the street thereby changing the cul-de-sac design and throwing the latecomer negotiation into chaos. The existing steep slope will make truck access difficult at best. The proposed change would necessitate a redesign of the entire pump station and controls with additional costs for electrical service. The City Council will look for resolution to this matter in one week's time. At approximately 10:30 p.m. Mayor Maxwell announced that the meeting is continued to Monday, August 9, 2004 to (1) conduct a Public Hearing on the realignment of a portion of Marine Drive, and (2) to discuss the Draft CDBG Consolidated Plan. -Lo-��' J fifer Tr xe6 I, Interim City Clerk H. Dean Maxwell, 06yor o_ 4 A/7 Councilmem e August 9, 2004 -- Continued from August 2, 2004 Mayor.Pro-Tem, Ray Sizemore, called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Terry Christiansen, Nick lPetrish, Bud Rock, Cynthia Richardson, and Loren Hoboy. Absent: Mayor Dean Maxwell and Councilmember Brad Adams. Marine Drive Safetv Proiect Mr. Bob Hyde, City Public Works Director, explained the grant funded project that the City had for the upper curve on Marine Drive. Mr. Hyde proposed a number of changes in this project to address issues raised by the neighbors. Mr. Rock asked if there was any plan to soften the lower curve. Mr. Hyde indicated that they are looking into the possibility and believes that there would be enough right-of-way. Mr. Petrish asked questions regarding the proposed bike path. Mr. Hoboy asked Mr. Hyde to clarify the exact scope of the project that was before them this evening. Mr. Hyde indicated that the realignment of the upper curve with pedestrian amenities was the item before them. The proposed realignment of the lower curve would be taken up later when funding is available. Mr. Sizemore then opened a public hearing on this project. Don Everett, 4504 Anaco Beach Road, asked questions regarding traffic controls with the new alignment. Joe Hansen, 4425 Anaco Beach Road, stated his appreciation that Public Works is developing a plan to improve these curves, but he is opposed to the design as currently presented: He also expressed concern that the improved upper curve will increase traffic speeds and make it easier to skid off. the lower curve. He lives on that curve and has seen an increase in accidents over the past years. Martin Scherzer, 11483 Del Mar Drive, expressed concerns about the increase in water runoff and potential flooding the neighbors below, and the difficulty presented to property owners if a guard rail is constructed on the curve. Todd Kirkpatrick, 4305 Marine Drive, stated that he felt that both curve realignments should be dealt with at the same time. He agreed .that fixing only one corner is going to increase accidents. He spoke to the possibility of moving the bike path off the road completely and into the easement. Rob Sipe, 1010 29th Street, working to develop the land on both sides of this corner, thanked Mr. Hyde and Mr. Jeff Miller for coming to the site and meeting with the neighbors., He spoke against the removal of the trees and agreed with others that testified that improvements to the upper curve only were going to increase speeds and accidents going into the lower curve. The public':hearing was closed. On a question from Mr. Hoboy, Mr. Miller explained in detail the layout of the curve realignment: 'Mr. Christiansen asked questions regarding future plans for the remaining segments of the project. Ms. Richardson spoke to the width of the bike path and pedestrian path. She indicated the importance of having a continual bike path, not one that starts and stops abruptly. Mr. Petrish agreed that improvement of the upper curve could only negatively impact the lower curve and recommended that chevrons be placed on the lower curve to more adequately alert drivers. On a question from Mr. Sizemore regarding the possibility of finding funds for the lower curve, Mr. Hyde indicated that they would have to re-examine the budget to see if anything was available and estimated the cost to be $200,000 which is roughly the amount to be spent on the upper curve. Mr. Rock reminded Council that there were some changes made in the budget to pay off the bonds for the Fire Department, thereby freeing up money (1/4 % excise tax) that could be used for road improvements. He indicated that he strongly supports completing both curves in the same project. Mayor Pro -Tem Sizemore pointed out that this project had been put out for bids and was currently before the City Council for action. Mr. Christiansen moved that the project be awarded to Callen Construction in the amount of $199,986 with the stipulation, that staff come back with the following: a capital facilities plan proposal that identifies funding sources and with a goal for project completion in 2005; it was pointed out that one potential funding source was a latecomer's agreement. The motion was seconded by Mr. Petrish and passed unanimously. Communitv Development Block Grant Consolidated Plan Ian Munce, City Planning Director, presented a draft CDGB Plan for Council consideration. Councilmembers asked that the following changes be made: assisted housing projects be properly identified; the new Wilson Hotel housing .project be more accurately described and include a reference to parking needs; a Council committee be established under the chairmanship of Councilmember Christiansen to identify amendments to the Plan, a future work program, and potential future projects; and that transportation and child care be highlighted in the Plan. Mayor Pro -Tem Sizemore opened the public hearing on this item. Mr. Eric Johnson, President of the Board of Directors of the Anacortes Community Shelter Project, spoke to the need to establish a homeless shelter in Anacortes. Mr. •Johnson submitted an August 9, 2004 letter on this subject. Additionally, an August 6, 2004 email was submitted .from the Skagit County Community Action Agency requesting clarification regarding the healthcare access and education component of the Plan. There was no further public testimony. The public hearing was closed. Under discussion, Mr. Munce clarified that the Plan needed to be submitted to the federal government this week but that once this requirement had been met amendments could readily be made. With this understanding, Mr. Rock moved that the Consolidated Plan be adopted. The motion was seconded by Ms. Richardson, and passed unanimously. Shio Harbor Pump Station The City Attorney, Ian Munce, presented an exchange of letter that demonstrated an agreement regarding the Ship Harbor Pump Station location and design. Mr. Munce added that once a formal written amendment had been drafted this issue would come back to the City Council review and approval. The Councilmembers expressed their appreciation to all those who had made the resolution of this issue possible. There being no further business to conduct, the meeting adjourned at approximately 9:30 p.m. �� v ry '��l J � l.�iC.t14csa nifer T xel, Interim City Clerk n Ma ell �' Council ember August 16, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of August 16, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Aqenda Item 7 a: Public Hearinq: Vacation of a Portion of "C" Avenue Mayor Maxwell announced that an objection has been raised regarding the notice procedure for the "C" Avenue Vacation Public Hearing. In light of that the Public Hearing has been rescheduled for September 20, 2004. Minutes of Previous Meeting Mr. Sizemore moved, seconded by Mr. Petrish to approve the minutes of August 2, 2004 and August 9, 2004 as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearings Mrs. Lois Elber, 3813 W. 3rd St. asked to clarify issues raised during the "Cottages by Habitat" deliberation. Mr. Ian Munce, City Attorney, explained that the hearings are closed on the "Cottages" proposal; unless the proponent submits a new application or the Council votes to reconsider their previous decision no additional testimony can be taken. ;Mayor/Council Communication . Xlyl�-71 I.1 Mayor Maxwell introduced an August 9, 2004 letter from Mr. Frank Higgins, President of the Skyline Beach Club asking the FAA to participate in funding the construction of the Port of Anacortes airport fence. The letter was forwarded to our Congressional delegation. Council members spoke in support of the efforts of the Beach Club to encourage the FAA to fund the perimeter fence — a fence design that would meet its own safety standards and would also provide a cost savings to taxpayers. With that, Mr. Petrish moved, seconded by Rock, to forward a letter to the FAA supporting the Beach Club's request for funding. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Mayor Maxwell described a new feature on the City of Anacortes website, www.citvofanacortes.orq called "Everything that you want to know about your City government". Mr. Rock asked for someone to fill in for him at the Thursday Finance Committee meeting. Ordinance: Vacatinq a Portion of Illinois Avenue Mr. Ian Munce, City Attorney, presented an Ordinance to Council reflecting previous action to vacate a portion of Illinois Avenue. Mr. Munce explained that in the absence of a policy establishing compensation amounts for vacated right-of-way a dollar figure has been placed in the text of the Ordinance. Due to recent legislation cities now have the option to set compensation amounts at 100% of the assessed property value. Until a policy is in place amounts will have to be determined on a case-by-case basis. After discussion, Mrs. Richardson moved, seconded by Mr. Petrish, to adopt Ordinance No. 2674 vacating a portion of Illinois Avenue and setting $15,188 as compensation for that vacated right-of-way. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Tourism Fundinq for 2005: Schedule Mr. Ian Munce, City Attorney, presented the 2005 Tourism Promotion Fund time line for the annual funding cycle. Completed applications are due by September 10, 2004 and staff will review applications for eligibility and completeness on September 17, 2004. Committee members are Mayor Maxwell, Mrs. Richardson, Mr. Christiansen, and Mr. Petrish. With those additions and corrections, Mr. Rock moved, seconded by Mr. Petrish, to approve the 2005 Time Line for the Tourism Promotion Fund project. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 5, 2004 and August 12, 2004 for payment as of this date August 16, 2004. Claims Warrants for the month of August Warrant Numbers 28021 through 28227 in the total amount of $494,537.24 1867 August 16, 2004 -- continued Pavroll for Julv 30, 2004 in the total amount of $566 296.05 Warrant Number 25843 through 25946 in the total amount of $221,459.36 Direct Deposit Numbers 11659 through 11764 in the total amount of $221,497.37 EFT Numbers 324 through 330 in the total amount of $123,339.32 In the same motion Council accepted the 30th Street Boat Ramp Project (SRV Construction of Oak Harbor in the amount of $24,066.06) 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. Closed Record Meeting: Conditional Use Permit —1s' Baptist Church Expansion, The proceedings are on tape and filed at City Hall Mayor Maxwell initiated the Closed Record Meeting on a Conditional Use Application submitted by the 13t Baptist Church, 2717 "J" Avenue to expand the existing facility. Mr. Ian Munce, Planning Director, explained that the Planning Commission held a Public Hearing over two evenings on this matter and no public input was received. A 10,170 square foot fellowship hall and associated amenities will be added. The Planning Commission forwarded a recommendation for approval subject to seven conditions; no appeals were filed. Mr. Hoboy and Mrs. Richardson expressed concern over insufficient buffer at the southern property boundary. In that regard the following condition was added: Condition # 8: Prior to construction beginning the applicant shall review the proposed landscaping buffer along the south side of site and the Planning Director may require the building(s) to be moved back to a minimum of ten feet if he determines that there is inadequate space for buffer plantings. With that addition, Mr. Sizemore moved, seconded by Mr. Christiansen, to approve the 1St Baptist Church Expansion Conditional Use Permit and to adopt the Findings of Fact and Conclusions of Law as amended. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Closed Record Meeting: Private Street and Access — Mann Conditional Use The proceedings are on tape and filed at City Hall Mayor Maxwell initiated the Closed Record Meeting for the John Mann Conditional Use Application to use a private driveway as access to the second lot of a proposed 2 -lot short plat at 3317 "H" Avenue. The driveway is located on a recently short platted parcel to the south; the 30' access and turnaround will be available for access to Lot No. 2 of the Mann short plat. A road maintenance agreement has been negotiated and agreed to by both parties. The Planning Commission recommended approval subject to conditions. There were no appeals. After discussion, Mrs. Richardson moved, seconded by Mr. Rock, to approve the Conditional Use Permit to use a private drive as access for a 2 -lot short plat at 3317 "H" Avenue and adopt the Findings of Fact and Conclusions of Law. Vote: Ayes — Hoboy, Petrish, Christiansen, Richardson, and Rock. Abstain: Sizemore, Adams. Motion carried. Final Plat — Fir Crest Planned Unit Development Mayor Maxwell introduced the Final Plat application for the 40 -lot Fir Crest Planned Unit Development at 41St and "A" Avenue. The Planning Commission reviewed the application and recommended approval subject to maintenance and performance bonds. The infrastructure is substantially complete and Council now has the administrative authority to approve the final plat. Question was raised about grading and seeding of the NGPE, drainage pipes on Lots 18 and 19, condition # 46 reflecting amendments made by Council as to height, and location of the trail to the forestlands. Mr. Nels Strandberg, applicant, answered Council questions. After discussion, Mr. Sizemore moved, seconded by Mr. Hoboy, to approve the Fir Crest Planned Unit Development final plat subject to a Performance Bond in the amount of $58,200 and a 2 - year Maintenance Bond. Vote: Ayes — Petrish, Sizemore, Adams, Richardson, Rock, and Hoboy. Abstain: Christiansen. Motion carried. Amendment to 2005-10 CFPP — Anaco Beach Road Street Improvements Proiect Mr. Jeff Miller, Assistant City Engineer, presented a request to Council to amend the 2005-2010 Capital Facilities Plan to incorporate the Anaco Beach Curve Improvement Project. Staff researched design, engineering, and construction costs for the road realignment. City staff supports the project. With that, Mr. Christiansen moved, seconded by Mr. Sizemore, to amend the 2005-2010 Capital Facilities Plan to incorporate the Anaco Beach Curve Improvement Project. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Resolution: Adopting the 2005 STIP (Statewide Transportation Plan) Mr. Jeff Miller, Assistant City Engineer, presented a Resolution to Council that would approve the 6 -year Transportation Improvement Program (TIP) for the City of Anacortes. Mr. Miller explained that the City must submit a new 6 -year TIP annually; Anacortes' plan is based on the approved 6 -year Capital Facilities Plan as amended in the previous Council action. With that, Mrs. Richardson moved, seconded by Mr. Hoboy, to adopt Resolution No. 1679 adopting the August 16, 2004 -- continued 2005 TIP. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Award 2004 Sanitary Sewer Replacement Proiect Mr. Jeff Miller, Assistant City Engineer, presented a request for Council approval to award the 2004 sanitary sewer replacement project to Trico Contracting in the amount of $149,678.89. The project will replace three blocks of sanitary sewer lines — to correct sanitary sewer line deficiencies that are high priority for the City. With that, Mr. Sizemore moved, seconded by Mrs. Richardson, to award the project to Trico Contracting in the amount of $149,678.89. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Award of Water Treatment Plan Valve Actuator Proiect Mr. Willie LaRue, Water Treatment Plant Manager, asked for Council authorization to move forward with the purchase of filter valve actuators at the Water Treatment Plant. The existing actuators were installed in 1969. Quotations were sought from four companies that supply electro -mechanical valve actuators. Low bid was received from Rotork Controls in the amount of $51,822.00. With that, Mrs. Richardson moved, seconded by Mr. Adams, to authorize the Mayor to enter into an agreement with Rotork Controls for the acquisition of eighteen electrical - mechanical valve actuators in the amount of $55,915.94 including tax. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. At approximately 9:30 p.m. Mayor Maxwell announced that the meeting would be continued to Thursday, August 26, 2004 for the purpose of the "H" Avenue widening contract award. Wanda P. Johnson, y Clerk -Treasurer H. Dj9an Maxwell, Mayof (( // Councilmember August 26, 2004 -- Continued from August 16, 2004 Mayor Maxwell called the continued meeting to order at 5:00 p.m. Roll call found present: Councilmembers Terry Christiansen, Ray Sizemore, Cynthia Richardson, Bud Rock, Brad Adams, and Nick Petrish. Absent: Loren Hoboy. Mr. Bob Hyde, City Public Works Director, presented the 10 bids received for the "H" Avenue widening project from 32nd Street to 41St Street. The engineer's estimate for this project was approximately $1.3 million. After discussing the details of the project with Mr. Hyde, Mr. Sizemore moved that the Council authorize the Mayor to award the contract to the low bidder G..G. Excavation, Inc. in the amount of $1,013,416.50. The motion was seconded by Mr. Christiansen and passed unanimously. There being no further business to conduct, the meeting adjourned at approximately 5:10 p.m. td�,Jwwu P, . Wanda P. Johnson, (tity Clerk -Treasurer `��YL�lf1�.�t•�, H. Dean Maxwell " 7 Councilmember -14 May / r September 7, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of Tuesday, September 7, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Decision on the City Council minutes was deferred until the next regular meeting. Citizen Hearings No citizens present wished to testify on matters not on the agenda. :Mayor/Council Communication; Mayor Maxwell announced that the City Council 2005 budget review opens at the September 13th Study Session. Mayor Maxwell then asked for confirmation of Mr. Charles Bourbeau's appointment to the Anacortes Board of Adjustment. Mr. Hoboy so moved, seconded by Mr. Sizemore. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Mr. Aaron Rasmussen was also nominated by the Mayor to serve on the Anacortes Parks and Recreation Advisory Board. Mrs. Richardson moved, seconded by Mr. Adams, to confirm the appointment. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Mayor Maxwell then turned to a Proclamation proclaiming September, October, and November as United Way Campaign Months in the City of Anacortes. The United Way helps to raise funds for health and human service needs. The Mayor also shared that resources are at low ebb for two local agencies, the Salvation Army and the Anacortes Red Cross. Both organizations, as well as others under the umbrella of the United Way, assist low-income and underprivileged citizens and the Mayor encouraged the community to share resources with others in need whenever possible. The League of Women's Voters has asked Council for authorization to sponsor a candidate's night to be televised in the council chambers. Mrs. Richardson moved, seconded by Mr. Rock, to support this activity. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Mr. Rock suggested that recommendations from the Sate of Washington Highway 20 Safety Corridor Study be reviewed in Study Session at a later date. Mr. Adams confirmed that, contrary to rumor, the annual Oyster Run has not been cancelled. Resolution: Heart Lake Management Plan Mr. Jonn Lunsford, Parks and Forest Lands Manager, presented the revised Draft Heart Lake Management Plan recently reviewed by Council in study session and in Public Hearing. Procedural questions followed regarding public notice, text corrections, prohibited uses applicable to this area, and jet skis. Mr. Christiansen said he was not prepared at this point to completely eliminate motorboats from the Lake; he also asked for an update on a baseline study to determine current level of environmental damage. Mr. Adams supported follow up on expanding the uses in the recreation areas. Mr. Sizemore pointed out that for a number of years local citizens have enjoyed the use of the lake for fishing. After discussion Mrs. Richardson moved, to adopt Resolution No. 1680 adopting the Heart Lake Management Plan with the following amendment: elimination of all combustion engine use on the lake surface by December 31, 2007. Mr. Hoboy seconded the motion. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, and Petrish. No — Sizemore, Adams. Conservation Easement Proqram: Final Review Grove Request Mr. Jonn Lunsford, Parks and Forest Lands Manager, presented a request that a permanent conservation easement be placed on 45 acres. Twenty acres of this area, known as "Raven Crest", are located northeast of Whistle Lake. The Council previously reviewed background material and legal descriptions via a July 7, 2004 memorandum. If approved this would bring the total number of acres conserved through the Conservation Easement Program to 650. With that, Mrs. Richardson moved, seconded by Mr. Rock, to place a conservation easement on these additional 45 acres. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. 1870 September 7, 2004 -- continued Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on August 19, 2004, August 26, 2004, and September 2, 2004 for payment as of this date September 7, 2004. Claims Warrants for the month of Auqust Warrant Numbers 28229 through 28440 in the total amount of $384,903.36 Prewritten Claims for the month of Auqust Warrant Number 28228 in the total amount of $139,950.99 Pavroll for Auqust 13, 2004 in the total amount of $396,500.04 Warrant Number 25947 through 26033 in the total amount of $71,064.37 Direct Deposit Numbers 11828 through 11978 in the total amount of $209,825.51 EFT Numbers 331 through 335 in the total amount of $115,610.16 Pavroll for Auqust 31, 2004 in the total amount of $563,795.19 Warrant Numbers 26034 through 26130 in the total amount of $221,942.82 Direct Deposit Numbers 11979 through 12085 in the total amount of $219,623.04 EFT Numbers 333 through 339 in the total amount of $122,229.33 Cancellation of Warrant: Warrant Number 27932 in the total amount of $250.00 In the same motion Council adopted Resolution No. 1681 setting October 4, 2004 as the hearing date on a Petition to Vacate a portion of right-of-way in Cap Sante Park. Street Fair Applications Mr. Bob Hyde, Director of Public Works, presented a Street Fair application to hold the Vintage Motorcycle Show on September 26, 2004 at the Depot, 7th and "R" Avenue from 10:00 a.m. to 4:00 p.m. Staff recommends approval of closing the east parking lane on "R" in front of the Depot and that the remainder of "R" Avenue remain open. The second Street Fair application requests the closure of 9th Street from "Q" Avenue to "R" Avenue and the east half of "R" Avenue between 8th and 9th Streets on September 11, 2004 from 6:00 a.m. to 6:00 p.m. The closure will support the annual Antique Steam and Gas Engine Day show. With that, Mr. Sizemore moved, seconded by Mr. Hoboy, to approve the Vintage Motorcycle Show and the Antique Steam and Gas Engine Day Show street fair applications subject to staff recommendations. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Sale of Riqht-of-Wav/Building Site (Windward Plat) Mr. Ian Munce, City Attorney, requested Council approval establishing compensation required for the purchase of a portion of 22nd Street adjacent to "D" Avenue previously vacated by City Council action. Using an overhead Mr. Munce described the Windward development in this area including cul-de-sacs at both end of 22nd street between "D" and "B" Avenues. Initially, the developer did not accept the original sale price of $38,976.79 and countered with a lower offer. The City then reverted to its original request for the full value of the lot. Discussions followed over a two-year period including a recent Executive Session to resolve this issue. As the result of an August 19th meeting with the Mayor, City staff, and Windward representatives, it was agreed that the proposed compensation amount would be $38,976.79. After discussion, Mrs. Richardson moved, seconded by Mr. Rock, to set compensation for the vacation of a portion of 22nd Street at $38,976.79. Mr. Hoboy spoke against the motion. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. No — Hoboy. Motion carried. Tourism Committee (Grants): Citizen Member Appointments Mr. Ian Munce, City Attorney, asked for nominations to the Lodging Tax Advisory Committee. This group recommends programs for tourism promotion and includes slots for 2 members who are representatives of businesses required to collect tax and two members who are persons involved in activities authorized to be funded but who agree that their activities will not be funded in the upcoming year's program. The Mayor offered to contact a new "Q" Avenue hotel owner. Nominations for committee membership should be directed to Mr. Munce. Public Hearing: Pavinq/Expansion of State Ferry Terminal Parking Lot Mr. Ian Munce, Planning Director, began discussion on this matter with a history of the west end -parking dilemma associated with the State Ferry Terminal. In 1988 the City Council approved a Conditional Use permit with conditions for an upper parking lot. Now, Washington State Ferries (WSF) plans to expand this facility at the Anacortes terminal and even proceeded with those plans without addressing the original conditional use situation. Mr. Munce contacted the WSF who then agreed to enter into a Memorandum of Agreement with the City and to conduct a series of neighborhood meetings to review their revised site plan. One result from those neighborhood meetings was a design revision to stay out of the buffer area, to provide additional exterior and interior landscaping, to improve directional lighting, and to develop a policy to close the lot when not in use. 1871 September 7, 2004 -- continued Mr. Harold Burkham, 2501 Shannon Point Road, expressed concern over the length of the fence on the north side. Mr. Burkham hopes to have ferry parking eliminated on Shannon Pt. Road and expressed concern over potential fire hazards. He asked that the fence be extended to the trail. Also, he asked what are maintenance plans for the 50' buffer and recommended that it be left in a natural state. Mr. John Briggs, 2808 Morrison Court, has worked successfully with the WSF representative but suggested that the level of detail in the MOA is inadequate. He also asked about ownership of the right-of-way included in the parking lot buffer. He also asked that the buffer be left in a natural vegetative state. He suggested specific MOA language to prohibit any fill or construction within the buffer and to add standards providing for a shielding fence and appropriate light standards. The fence along the south side will provide 150' of protection against car lights. Mr. Charlie Torres, Project Manager for the Washington State Ferries Anacortes upland parking lot project suggested that the buffer area is owned by the State. Mr. Munce explained that the City and State cooperatively use this right-of-way; this, however, does not indicate a transfer of title. Mr. Torres reported that WSF modified plans after meeting with neighbors; modifications included staying out of buffer and to leave native plants; to screen certain neighbors, and to add signage asking that parkers back in to parking slots. Mr. Torres said extending the fence may not guarantee that people will stay out of the adjacent neighborhood but WSF will be willing to dialogue with the City about the best solution. Light poles will be half the height of the existing poles and will be located where trees can provide additional screening. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Munce pointed out that the State will be coming back to the City for a Shoreline Permit on the terminal reconstruction. At that time through cooperative administration by the Planning Commission and Council specific design issues and conditions can be addressed. After discussion, Mr. Torres agreed to develop a draft Memorandum of Agreement incorporating the agreed to revisions and to bring back the draft to Council for approval. Resolution: Brinqinq Utility Billinq In-house Mayor Maxwell presented a Resolution to Council for review and adoption. If adopted the Resolution would authorize the Mayor to take all necessary steps to bring utility billing in-house as soon as practicable and within the terms of the City's existing contract with Puget Sound Energy. This step will provide a savings over current costs and will provide for additional staff to handle the added paperwork. After discussion, Mr. Sizemore moved, seconded by Mr. Rock to adopt Resolution No. 1682 entitled "A Resolution Bringing the City's Utility Billing System In - House". Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. At approximately 9:15 p.m. Mayor Maxwell continued to the meeting to the evening of Monday, September 13, 2004 for the purpose of a contract approval: "J' Avenue and 20th Street sidewalk project. ujrjv� P'6 �ta.44-, 7A/4,� Wanda P. Johnson, pity Clerk -Treasurer . Dean ,Ma ell, Oyor = Councilmember 1872 September 13, 2004 Continued) from September 7, 2004 Mayor Maxwell called the continued meeting to order at 7:30 p.m. Roll call found present: Councilmembers Terry Christiansen, Brad Adams, Loren Hoboy, Cynthia Richardson, Bud Rock, and Nick Petrish. Absent: Ray Sizemore. Mayor Maxwell informed the Council that to date there were nomination for three of the four Tourism Project Review Committee position: Mr. Mark Leone (Cap Sante Inn); Ms. Julianne Ferguson (Bella Isola Bed & Breakfast); and Ms. Margaret Frye. Mayor Maxwell pointed out to the Council that the City still needed to find one more person who belonged to a group eligible for tourism funding but who had no request currently before the City. Mr. Christiansen raised the issue of school zone speed limits, with particular reference to Whitney Elementary School. He referred to Ordinance No. 2650 adopted in April of this year, dropping the speed limits to 20 mph in school zones from 7 a.m. to 4 p.m. on weekdays. This reduction in speed limits included "M" Avenue from 12th Street to 14th Street, and "L" Avenue from 12th Street to 14th Street, but not on 12th Street itself. Mr. Christiansen suggested that perhaps Council would want to reconsider this and add 12th Street to the reduced speed limits area with appropriate signage. He indicated that there seemed to be no objection from WSDOT, and asked that Council think about this and bring their recommendations back to the next meeting. Contract Approval: "J" Avenue and 20th Street Sidewalk Proiect The Mayor informed the City Council that no bids had been received on the "J" Avenue and 20th Street sidewalk project. Mayor Maxwell added that this project would be re -bid later this year, at which time City staff were anticipating a better bidding climate. Memorandum of Understandinq/State Ferry Terminal Parkinq Lot Mr. Munce, City Planning Director, then introduced a proposed Memorandum of Understanding with the Washington State Department of Transportation regarding the upper parking lot at the Washington State ferry terminal. Mr. Munce pointed out that at the public hearing held on this matter before the City Council on September 7, the City Council had specifically asked that WSDOT put their commitments to Mr. Briggs in writing. Mr. Munce added that this had been done and the letter was before them. In response to a question from Mr. Christiansen, Mr. Briggs added that he was concerned about the enforceability of these commitments. Mr. Munce pointed out that the state would need a shoreline permit from the City for the entire terminal upgrade project and that enforceability of these provisions could be addressed more specifically at that time. Mr. Munce went on to review the specific commitments in the agreement and in the letter to Mr. Briggs from WSDOT. After discussion, Ms. Richardson moved that the Memorandum of Understanding be approved. The motion was seconded by Mr. Petrish and passed unanimously. Contract Award: Exterior Paintinq of Fidalgo Center Mr. Russ Pittis, City Parks and Recreation Department, presented the bids that had been received to paint the exterior of Fidalgo Center. After reviewing these bids in detail, Ms. Richardson moved that the painting contract be awarded to the low bidder, North West Colors, in the amount $8,874.01 (including sales tax). The motion was seconded by Mr. Hoboy and passed unanimously. There being no further business to conduct, the continued meeting was adjourned at 7:45 p.m. Wanda P. Johnson, Cyr Clerk -Treasurer H. Dean a ell/Mayor /%Councilmember 1373 September 20, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of September 20, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Christiansen moved, seconded by Mr. Petrish, to approve the minutes of August 16, 2004, August 27, 2004, September 7, 2004,and September 13, 2004 with the following amendments: September 7th — page 2, last paragraph: "...closure of 9th Street from "Q" Avenue to "R" Avenue and the east parking lane of "R" Avenue between 8th and 9th Streets..." and September 13, 2004, second paragraph: "...Ms. Margaret Frey." Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. MayorlCouncil Communication: Mayor Maxwell asked for Council confirmation of Ms. Wanda Johnson as the Finance Director for the City of Anacortes. Mrs. Richardson enthusiastically endorsed this action and moved to confirm Ms. Johnson for this appointment. Mr. Rock seconded the motion. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. The Mayor then administered the Oath of Office for Ms. Johnson — the Finance Director, City Clerk, Treasurer and Auditing Officer for the City of Anacortes. Ms. Sarah Holahan, 1511 38" Street, Chairperson for Skagit Libraries for All addressed the Council and audience. Skagit Libraries is a citizens committee campaigning to place the Skagit Partial -County Library District initiative on the 2005 special election ballot. The residents of unincorporated Skagit County not presently served by another library district would be eligible to vote on this issue. Using a power point display Ms. Holahan highlighted: the current status of those Skagit County residents without guaranteed access to library services; plan vision; and phased approach. The Council has been asked to endorse the partial -county library district concept. The group has proposed a $.39/thousand levy for funding to provide services. The plan further suggests contracting with existing libraries thereby enhancing existing facilities without additional costs to city residents. Questions followed from Council regarding funding distribution details. The Mayor thanked Ms. Holahan for her presentation. The Council will consolidate their questions and forward them to Mrs. Holahan via e-mail. Mr. Christiansen asked for the Police Department to investigate the 12th Street school zone sign situation. In that regard, Mr. Hoboy suggested that the 20 mph signs could be repositioned to allow more time for vehicles to slow down. Extend Interim Critical Areas Ordinance Mr. Ian Munce, City Attorney, presented an Ordinance to Council for review. If adopted the Ordinance would authorize a 12 -month extension to interim regulations regarding Aquifer Recharge Areas and critical area protections regarding Geological Hazardous Areas. Mr. Munce also reported that the City is pursuing a work program with Western Washington Growth Management Hearings Board on these matters. If the 12 -month extension is approved, a Hearing will be held on November 1, 2004 to allow for any public testimony on the approved extension. With that, Mr. Adams moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2675 entitled "An Ordinance Extending the Interim Ordinances on Aquifer Recharge Areas and Geologically Hazardous Areas (Ordinances #2628 and 2635)". Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Extend Interim Airport Zoninq Ordinance Mr. Hoboy stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, presented an Ordinance to Council for review. If adopted, the Ordinance would allow time for further planning work prior to adopting permanent Airport Zoning language. The City has asked for a zoning proposal from the Port with no response to date. If this interim Ordinance extension is approved the Council will hold a November 1St Public Hearing to take public comments; at that time the Port plans on having a work program to present to Council and to the public for review. If that information is not forthcoming the Council will have the option to reduce the extension phase from the 12 -month period requested. After discussion, Mr. Sizemore moved, seconded by Petrish, to adopt Ordinance No. 2676 entitled "An Ordinance Relating to Land Use: Renewing Ordinance 2645; Renewing Interim Zoning for Port -Owned, Light Manufacturing Zoned Property at the Anacortes Airport; and Providing for Additional Land Use Planning on Development Regulations and Planning Policies for Port Property." Vote: Ayes — Christiansen, Richardson, Rock, Petrish, Sizemore, and Adams. Motion carried. Mr. Hoboy returned to the Council Chambers. Consent Agenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda items. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 9, 2004 and September 16, 2004 for payment as of this date September 20, 2004. Claims Warrants for the month of September Warrant Numbers 28442 through 28643 in the total amount of $716,518,74 1874 September 20, 2004 -- continued Prewritten Claims for the month of September Warrant Number 28441 in the total amount of $11,708.85 Pavroll for September 15, 2004 in the total amount of $415,453.24 Warrant Number 26131 through 26204 in the total amount of $68,017.78 Direct Deposit Numbers 12149 through 12299 in the total amount of $255,238.06 EFT Numbers 340 through 344 in the total amount of $122,197.40 Cancellation of Warrant: Warrant Number 27872 in the total amount of $225.00 Request for Permission to Locate Trailer at 4404 "H" Avenue for Caregiver Mr. Ian Munce, Planning Director, presented a request to Council for permission to place a 29' trailer at 4404 'H" Avenue. The manufactured modular unit would provide living quarters for Mrs. Betsy Loesch's caregiver. The neighbors were notified of this request and no comments or objections were received. Mr. Munce explained that the Zoning Code allows for the placement of a trailer outside of a mobile home park if authorized by the City Council. The Council has allowed for trailers and recreation vehicles to provide for critical short-term care for families in need. The vehicles are removed when the support system is no longer needed. There were no comments from the audience. Mr. Christiansen underscored the relief this program can bring to families in the midst of a health crisis. On a question from Mr. Hoboy, Mr. Munce, clarified that the trailer will be placed in the most appropriate location to provide for screening. With that Mr. Christiansen moved, seconded by Mr. Rock, to grant permission for the placement of a 29' trailer at 4404 "H" Avenue for caregiver living quarters. Vote: Ayes - Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Apaeal: Planninq Director's Decision to Denv an Encroachment Aqreement — 2315 15th Street The proceedings are on tape and filed at City Hall. Mr. Ian Munce, City Attorney, presented an appeal to the Planning Director's decision to deny an encroachment agreement to allow for a gazebo in the right-of-way at 2315 15th Street. Generally, encroachment agreements are managed administratively to address requests to place landscaping in unused rights-of-way; these agreements are handled on an "as appropriate" basis. If permission is granted the owner agrees to remove the improvements if necessary. Although there is no formal provision in the Municipal Code to cover this procedure the process has worked well for a number of years. The gazebo in questions was built in the 16' alley at 2315 15th Street without a building permit. An after -the -fact building permit could be issued but prior to approval an encroachment agreement was required; through this process it became clear that there was an objection to the structure from the neighbors, Wayne and Rebecca Hutsell. Information packets from both the Kings and Hutsells were forwarded to Council prior to this evening's meeting. Mr. Bob Hyde, Director of Public Works, used an overhead to highlight the location of the King and Hutsell residences and of the unopened alley adjacent to their properties. There's an 8 -inch sanitary sewer line in the alley. Mr. Hyde pointed out that there are a number of structures currently in the alley in addition to the gazebo. The existing fence (in place when the Kings purchased the property) is located on the south edge of the alley line in essence giving the use of the alley abutting their property to the Kings. Their entire gazebo was placed in the right-of-way. Mr. Hyde also pointed out that the Kings and other neighbors have maintained the alley. Mrs. Gail King, 2315 15th Street, thanked the Council for hearing this difficult matter. She referenced the Council packet that included pictures of the fence - built in the 80's. Mrs. King then gave a background of the fence use, gate, plantings in the alley and other encroachments on 15th street alley. She discussed her reasoning for the trees planted in the yard and discussed the reasons for constructing a gazebo and rationale for its location. The Hutsells were not happy with the structure and negotiations have reached an impasse; Mrs. King asked for Council to consider compromise alternatives and to approve the encroachment permit. Mr. and Mrs. Wayne Hutsell, 2314 16th St., suggested that the appeal was not filed in a timely manner. The fundamental issue is that the gazebo is located 6 inches from their fence without permits. If approved, this would violate their rights as neighbors. Mrs. Hutsell pointed out that the Kings have constructed a gate that blocks their access to the alley. Questions followed from Council regarding encroachment agreements and Council discretion absent codification. Mr. Sizemore stressed the need to establish permit criteria. A dialogue followed regarding alternatives including moving the gazebo, vacation of the alley, and creation of an encroachment agreement policy. Mr. Christiansen emphasized that the alley is an existing platted thoroughfare. After further dialogue Mr. Christiansen moved, seconded by Mr. Sizemore to defer decision and to table this matter for two weeks. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. No — Rock. Motion carried. Public Hearinq: Vacation of Portion of "C" Avenue Mayor Maxwell opened the Public Hearing to review a Petition submitted by Mr. Ed Summe to vacate that portion of undeveloped "C" Avenue lying between Lot 8, Block 227, and Lot 9 of Block 214, Map of the City of Anacortes, now known as Windward Village. Mr. Ian Munce, Planning Director, explained that the Board of Adjustment heard this matter in Public Hearing and voted to recommend denying the Petition. Mr. Summe and the other abutting property owner, Tracy Kling are petitioning with the intent to develop the property for a building site. Staff recommends against vacating this right-of-way with the concern that the vacation would eliminate potential use of this street for secondary vehicle circulation in this corridor. Mr. Bob Hyde, Director of Public Works, used an overhead display to show the adjacent development and traffic corridors; the right-of-way in question is undeveloped with a ridge and weeds. Council members asked Mr. Hyde to discuss future right-of-way development in this area. Mr. Ed Summe, 2219 22nd Street, petitioner, stated he was work working with the Klings to combine properties and develop a single family residence. This fully landscaped and developed lot would close the traffic circulation providing for a safe neighborhood in keeping with the Windward theme. The 1875 September 20, 2004 -- continued vacation would provide for needed revenues and another home site. The current right-of-way condition is an eyesore. Mr. Gean Huff, 2319 23rd St., spoke against the vacation citing loss of an evacuation route and suggested the City develop the street. Mr. Larry Williams, 2204 23rd St., opposed the vacation citing potential loss of evacuation route. Ms. Valerie Daniel, 2301 23rd St., spoke against the vacation potential citing loss of view corridor. Mr. Jim Schaffner, 2314 22nd St. spoke in favor of the vacation citing "C" Avenue was not necessary as emergency access, and that revenues would be benefit to City. Ms. Ann Nielsen, 2309 23rd St., spoke against the vacation citing potential loss of safety access and suggested that the City develop this portion of "C" Avenue. Mr. George Schinkel, 2313 23rd St., spoke against the vacation. There were no further comments and the Mayor declared the Public Hearing closed. Mr. Hoboy underscored the safety issues and spoke against losing future neighborhood access. Mr. Sizemore suggested that the right-of-way be left for access; he also suggested investigating the dumping of debris in the area and to rectify the matter. Mrs. Richardson spoke in support of preserving neighborhood connections. After discussion, Mrs. Richardson moved, seconded by Mr. Sizemore, to deny the Petition to Vacate that portion of "C" Avenue lying between Lot 8, Block 227, and Lot 9 of Block 214, Map of the City of Anacortes. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. UDarade of Water Svstem Telemetry Sunervisory Control and Data Acauisition Svstem Mr. Bob Hyde, Director of Public Works, presented a request to Council for approval of contracts associated with the upgrade of the Water System Telemetry Supervisory Control and Data Acquisition System at the water treatment plant. Staff used the Request for Proposal process; four companies responded and Technical Systems Incorporated (TSI) was selected as the firm best suited to meet the City's needs. Mr. Hyde reviewed the current telemetry system and highlighted the need for updated equipment. After discussion, Mr. Christiansen moved, seconded by Mr. Hoboy, to authorize the Mayor to enter into a Professional Services Agreement with Technical Systems, Inc. in the amount of $80,014.32 including sales tax, for Phase I telemetry panel installation at four sites. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Award Contract for Water Svstem Valves. Parts. Fittinas Mr. Bob Hyde, Director of Public Works, presented a request for authorization to add two fire hydrants on the south side of the City's Maintenance Facility at 37th Street and "D" Avenue. Bids were sought for the materials to construct the associated fire waterline to be installed by City maintenance crews. The low bid was received from Ferguson, Burlington in the amount of $12,234.48 including sales tax. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to award the water system valves, parts, and fittings for fire protection upgrades to Ferguson of Burlington in the amount of $12,334.48. Vote: Ayes - Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approve Task Order for Stormwater Plan Update Mr. Bob Hyde, Director of Public Works, presented a request to Council to approve the first phase of a 2 - phase project to provide an analysis of the City's stormwater system. Mr. Hyde explained that since the last Stormwater Management Plan update there have been substantial changes in the regulations governing stormwater; there's been extensive expansion to the City's stormwater system as well. The plan update will, in part, help to develop projects to repair and improve deficient parts of the system. After discussion, Mr. Christiansen moved, seconded by Mr. Rock, to authorize the Mayor to enter into an agreement with Gray and Osborne, Inc. in the amount of $30,500 for Phase 1 of the Stormwater Management Plan update. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. At approximately 10:00 p.m., there being no further business the Mayor adjourned the meeting of September 20, 2004. lAd _& P, 6,C5"��J VVCllanda P. Johnson, City dlerk-Treasurer H. D n Maxwell, Mayor Councilmember O 1876 October 4, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of October 4, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Sizemore moved, seconded by Mr. Petrish, that the minutes of September 20, 2004 be approved as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. %Mayor/Council Communication' Mayor Maxwell announced that the Port/City Liaison Committee will be held in his office at 8:30 a.m., Tuesday, October 5th. Snacks will be provided. Our AWC Regional meeting will be held on October 7th, 6:00 p.m., at the Everett Event Center. Acknowledqment of Land Donation — Welch/Strandberg Mayor Maxwell, on behalf of the City Council and the citizens of Anacortes, acknowledged a recent land donation to the City. Mr. Nels Strandberg and the Bill Welch family donated approximately 16 acres adjacent to their Fir Crest PUD project. The parcel, including a 3 -acre wetland in a healthy upland forest, creates a significant buffer to the City forestlands. Further, the donation will assist the City in providing a public trail between Little Cranberry and Heart Lake creating a nearly seamless connection between the two areas. On behalf of the Forest Board and Park Department, Mr. Jonn Lunsford, Parks and Forestlands Manager, thanked the Strandberg and Welch families for their generous donation - a great example of private/public partnership successfully resolving local issues. The Mayor presented plaques of appreciation to Mr. Strandberg and Mr. Welch; Mr. Strandberg asked that the donated parcel be named Welch Woods and that City maps reflect that change. The audience acknowledged their largesse with a standing ovation. Mr. Petrish reported that a Sister City delegation recently visited Vela Luka, Croatia. Many Anacortes families are decedents of Croatians making for a natural Sister City fit. The trip was a great success and Mr. Petrish distributed colorful brochures highlighting the beautiful island of Korcula. The delegation attended official functions and on one occasion planted an olive tree in the town square. The olive tree can live for 200 years and was planted as a living symbol of our enduring Sister City relationship. Mayor Maxwell explained that the Sister City International was initiated by President Eisenhower to help promote global understanding through life -to -life connections. The Vela Luka trip was financed by private funds and no City monies were associated with this activity. Decision: Appeal — Decision to Denv Encroachment Aqreement - Kinq Mayor Maxwell initiated the decision process on an appeal filed by Mrs. Gail King. Mrs. King appealed the City Attorney's decision to deny an encroachment agreement to locate a gazebo in the alley right-of-way adjacent to the King's home at 2315 15th Street. The matter was brought forward to the Council on September 20th and the appellant and neighbors, Wayne and Rebecca Hutsell, were heard. Mr. Ian Munce, City Attorney, briefly explained that encroachment agreements are reviewed and approved administratively and have been for more than 20 years. The system has worked well and is used when a homeowner wishes to improve an undeveloped right-of-way with landscaping and/or fences. The encroachment agreements are signed by the homeowner and City staff with the understanding that any improvements will be removed if necessary. In this particular case the King's gazebo was built entirely in the alley without benefit of a building permit or encroachment agreement. The neighbors objected to the location and the King's after -the -fact encroachment application was denied. That decision was appealed and a public hearing was held to take testimony from the Kings and Hutsells. Absent code language and appeal procedures, this matter has been brought to Council in order for the appellants to present their points of view and to ask the Council for a resolution. Mr. Munce outlined possible Council action including asking the Kings to remove the gazebo or to grant temporary permission for the gazebo until new code language is developed; however, it is likely that the Hutsells would take exception to this latter course. Mr. Christiansen spoke against permitting any structures in the alley right-of-way. Mr. Sizemore suggested that it was inappropriate for the Council to hear this matter without the authority provided by an agreed -to process. With that, Mr. Adams moved, seconded by Mr. Christiansen to deny the appeal. Mr. 1877 October 4, 2004 -- continued Petrish discussed shared costs for moving the gazebo. If the motion carries the Kings would be required to remove the gazebo from the alley; it could be relocated elsewhere on the Kings property subject to building permit approval. Mrs. Richardson moved seconded by Mr. Rock to amend the motion to include language that enforcement action shall be delayed for 60 days pending proposed legislation. Vote: Ayes — Adams, Rock. No — Christiansen, Richardson, Hoboy, and Petrish. Abstain: Sizemore. Motion to amend failed. Vote on original motion to deny the appeal: Ayes — Adams, Christiansen, Richardson, Hoboy, and Petrish. No — Rock. Abstain: Sizemore. Motion carried. Encroachment Agreement Policies: Next Steps Mr. Ian Munce, City Attorney announced that the City Council will review the proposed encroachment agreement procedures in Study Session on Monday, October 11th. The new process will include notice and appeal procedures including notice to neighbors, notice of staff decision with a 10 -day appeal period, and a specific appeal process. The proposal suggests that only fencing and landscaping be allowed. Mr. Hoboy suggested inviting Mr. Clay Leming, Planning Commission member, to work with the Council on developing this process. Consent Agenda Mr. Christiansen moved, seconded by Mrs. Richardson to approve the following Consent Agenda item. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on September 23, 2004 and September 30, 2004 for payment as of this date October 4, 2004. Claims Warrants for the month of September Warrant Numbers 28644 through 28801 in the total amount of $356,942.54 Public Hearina: Petition to Vacate — Cap Sante Park - Frazier Mrs. Richardson stepped down from deliberation on this matter. Mayor Maxwell then opened the Public Hearing to take comments on a Petition submitted by Duncan and Cheryl Frazier to vacate a 12' portion of the right-of-way between Lots 15 and 16, Cap Sante Park to Anacortes. Mr. Bob Hyde, Director of Public Works, presented an overhead vicinity map highlighting the unopened right-of-way in question. It is assumed that the right-of-way was originally designated for stairs so that community members in the neighborhood could have access to the nearby park preserve. The Development Review Group had no objection to the vacation and the Board of Adjustment recommended approval. There were no comments from the audience and the Mayor declared the Public Hearing closed. On a question from Mr. Hoboy, Mr. Hyde explained that property is steep, rocky, and not conducive to development. With that, Mr. Christiansen moved, seconded by Mr. Rock, to approve the vacation of a 12' portion of the right-of-way between Lots 15 and 16, Cap Sante Park to Anacortes. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. An Ordinance setting compensation amounts will be brought back to Council for adoption. Mrs. Richardson returned to the Council Chambers. Ordinance: Restrictinq Parkinq on Sands Wav Mr. Bob Hyde, Director of Public Works, introduced an Ordinance to Council for review and adoption. The Skyline Beach Club initially brought the request for parking relief to City staff. If adopted the Ordinance would provide authority for the Anacortes Police Department to impound any vehicle which is parked or left standing on the northeast side of Sands Way in the area from Skyline Way to a point 950 feet west of Skyline Way; or any boat, trailer or RV which is parked or left standing on the west side of Sands Way. Signs to that effect will be posted. Mr. Hyde used an overhead display to highlight the housing and business development and associated parking congestion in this area. After discussion, Mr. Sizemore moved, seconded by Mrs. Richardson, to adopt Ordinance No. 2677 entitled "An Ordinance Restricting Parking on Sands Way, Repealing Ordinance No. 2582". Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Possible Sale of 1,800 Square Foot Remainder ("H" Avenue to Strandberg Constructiont Mr. Ian Munce, City Attorney, presented an offer from Mr. Nels Strandberg to purchase an 1,800 square foot triangular parcel adjacent to 3318 "H" Avenue. The assessed value of the property is $200; Mr. Strandberg has offered $1,000. If approved this piece will be incorporated into Mr. Strandberg's property to the west. This parcel is not part of the "H" Avenue improvements. With that, Mr. Christiansen moved, seconded by Mr. Hoboy, to approve the sale of the 1,800 square foot "H" Avenue parcel (P32003) for $1,000.00. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. October 4, 2004 -- continued Authorization to Replace Air Compressor at Wastewater Treatment Plant Mr. Bob Hyde, Director of Public Works, explained that compressed air for use in instruments at the Wastewater Treatment Plant (WWTP) must go through a drying process. The current instrument air dryer at the WWTP needs maintenance on a daily basis and should be replaced. Additionally, the existing compressor has been evaluated and found to be an ineffective use of energy. Mr. Hyde also discussed the Puget Sound Energy grant program that would pay 60% of the cost of a new compressor if installed by November 2004. After discussion, Mrs. Richardson moved, seconded by Mr. Christiansen, to authorize the Mayor to enter into a contract with Air Compressor Services, Inc. to replace the incinerator air compressor system at the Wastewater Treatment Plant. The installed cost to the City would be $4,562; the PSE grant would be $6,843.00 with a total installed cost of $11,405. Mr. John Franz, WWTP Manager, answered questions from Council regarding maintenance costs and style and make of compressor. Funding may come from the Public Works 2004 Capital Budget. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. At approximately 8: 45 p.m., there being no further business the Mayor adjourned the meeting of October 4, 2004. Can , �� Wanda P. Johnson, ity Clerk -Treasurer H. Dean Maxwell, Mar Councilmember 1879 October 18, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of October 18, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mrs. Richardson moved, seconded by Mr. Christiansen to approve the minutes of October 4, 2004 as if read. Two spelling errors were corrected. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinqs No citizens present wished to testify on matters not on the agenda. %Mayor/Council Communication; Mayor Maxwell announced that the Tommy Thompson Trail is near completion. Tulip Festival Presentation — Cindv Verqe Mayor Maxwell introduced Ms. Cindy Verge, Executive Director of the Skagit Valley Tulip Festival. Ms. Verge announced that the Festival is sponsoring its first annual Tulip Planting contest. The challenge is to citizens and organizations across Skagit Valley to put together their best tulip planting designs; the plantings will be judged and awards given. Government, nonprofit, and commercial entries will be listed in the 2005 Festival brochure. Ms. Verge left entry forms for those interested in participating. Mayor Maxwell reported that the Growth Management Act (GMA) Steering Committee, organized to study Countywide -planning policies, will meet to discuss the allocation of 135 acres. Interlocal Agreement Mr. Doug Everhart, Library Director, presented an Interlocal Agreement for Library Services between Skagit County and the City of Anacortes for 2004 funding to the Anacortes Public Library. On a question from Mrs. Richardson, Mr. Everhart explained that the necessary documentation for Agreement compliance is in place and acceptable to the County. The grant, an annual resource reduced from previous years, is allocated for rural residences. Discussion followed regarding the costs of providing services to County residents versus the funds allocated by the County to do so. With that, Mrs. Richardson moved, seconded by Mr. Sizemore, to authorize the Mayor to enter into an Interlocal Cooperative Agreement for Library Services for funding in the amount of $14,198 to provide general library services to residents of unincorporated Skagit County. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda items. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on October 7, 2004 and October 14, 2004 for payment as of this date October 18, 2004. Claims Warrants for the month of October Warrant Numbers 28802 through 28998 in the total amount of $702,878.95 Pavroll # 1 September 30, 2004 in the total amount of $596,647.95 Warrant Numbers 26205 through 26288 in the total amount of $215,962.00 Direct Deposit Numbers 12300 through 12409 in the total amount of $217,059.96 EFT Numbers 322 through 348 in the total amount of $163,625.79 Cancellation of Warrant Warrant Number 26175 (payroll) in the amount of $372.00 In the same motion Council adopted Resolution No. 1683 setting November 15, 2004 as the Public Hearing date to review a Petition to vacate a portion of 29th Street. Request for Permission to Locate an RV at 3107 Oakes Avenue Mr. Bob Hyde, Director of Public Works, presented a request to Council to locate a 22' RV at 3107 Oakes Avenue. Using an overhead vicinity map and photos, Mr. Hyde described the location and lot layout of the Nathaniel Melendez home site. The RV will be placed at the rear property abutting the alley and will be used as a temporary living arrangement for the Melendez October 18, 2004 -- continued family grandmother. Adjacent property owners have been notified of the request and no objections were raised. The vehicle would be removed when this support system is no longer needed. After discussion, Mr. Adams moved, seconded by Mr. Sizemore, to approve the request for the temporary placement of a 22 -foot RV at 3107 Oakes Avenue. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. 2005 Tourism Fund Proposals Mayor Maxwell first thanked the City Council's Tourism Advisory Committee members, Terry Christiansen, Cynthia Richardson, Nick Petrish, Mark Lione, Julianne Ferguson, and Margaret Frey for their efforts to review and finalize the recommended tourism fund grants for 2005. The City will contract with the recommended agencies to undertake activities specifically for the purpose of attracting visitors to the City of Anacortes. The Council reviewed the recommended grant recipient list representing awards in the amount of $155,191.00; additional 2005 proposals may be considered on a case-by-case basis. The Mayor also reported there will be an October 22nd Committee meeting to address the Second 2% Funding Proposal from the Chamber of Commerce. With that, Mr. Rock moved, seconded by Mr. Sizemore to adopt Resolution No. 1684 entitled "A Resolution Authorizing Execution of Tourism Promotion Fund Contracts by and between the City of Anacortes and Eighteen Agencies for Twenty Projects". Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Public Hearinq: 2005 Budqet Session Mayor Maxwell opened the Public Hearing to take comments on the Budget and Salary Schedule for 2005. The Mayor explained that the preliminary 2005 Budget is $29,800,000; the 2005 budget is almost $7,000,000 less than the 2004 actual Budget reflecting completed capital projects. The General Fund is projected at $9,000,000. The proposed budget provides a continuum of high levels of service: maintains public safety operations at current levels and will include additional fire fighter/paramedics and staffing at the west end station; includes additional police officers; and provides for street overlays, parks, library services, cemetery, and the WT Preston/Museum. One full time employee will be added to the Finance Department and a '/2 full-time employee will be added to the wastewater treatment plant. The Budget assumes a 1 % increase in property tax. The Mayor concluded his remarks; there were no public comments and the Mayor declared the Public Hearing closed. The Budget will be brought back to the Council for adoption in December. Copies of the Budget are available at City Hall. The Mayor concluded with thanks to the City Council, Department Heads, and City staff for assisting in the development of this prudent, responsible document. Ordinance: 3rd Quarter 2004 Budqet Amendments The Mayor presented an Ordinance to Council for review and adoption. If approved the Ordinance would amend the 2004 Budget to reflect additional revenues and expenditures from the following Funds: General Fund - Employment Advertising and Police Negotiator/Arbitrator (001); and Storm Drain — Skyline Dredging (445). Comments followed on both Fund amendments — including inquiries as to a future need for an Arbitrator; and the dredging time frame and cooperative contract development with the Port of Anacortes. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Ordinance No. 2678 entitled An Ordinance Amending Ordinance No. 2633 Approved and Adopted on November 3, 2003 and Entitled 'An Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 2004'. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Award Contract: Rebuild High Service Pump (HSP) at Water Treatment Plant Mr. Bob Hyde, Director of Public Works, asked for Council approval to enter into a contract for the rebuild of one High Service Pump at the Water Treatment Plant. The Pump is part of the original plant equipment. Bids were solicited with Beckwith & Kuffel as the apparent low bidder in the amount of $11,257.00 without sales tax. Staff recommends the City proceed with the rebuild of one HSP. Discussion followed regarding rebuild versus replacement costs; Mr. Hoboy brought up future use of variable speed drivers. Further, it was decided that any Change Orders would be handled under the Mayor's current authority. With that, Mr. Hoboy moved, seconded by Mrs. Richardson to authorize the Mayor to enter into a contract with Beckwith & Kuffel for the removal and rebuild of one High Service Pump at the Water Treatment Plant in the amount of $11,257.00 without sales tax. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Award Contract: Replacement of Lime Feeder at Water Treatment Plant Mr. Bob Hyde, Director of Public Works, asked for Council approval to enter into a contract for the replacement of Hydrated Lime Feed Equipment at the Water Treatment Plant. Mr. Hyde explained that the lime feed equipment adjusts the pH of the plant process water both inside the plant and just as it is exported to the City's water customers. The current feeders have been in service since 1970. Suppliers were invited to submit proposals with a low bid from Whitney Equipment in the amount of $23,155.42. Mr. Christiansen asked that future memos regarding capital projects include the CFP reference number. After discussion, Mrs. Richardson moved, October 18, 2004 -- continued seconded by Mr. Rock, to authorize the Mayor to enter into a contract with Whitney Equipment for the acquisition and installation of new hydrated lime feeders at a cost of $23,155.42 including sales tax. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Award Contract: "J" Avenue and 20th Street Sidewalk Construction Mr. Bob Hyde, Director of Public Works, asked for Council approval to enter into a contract for the new sidewalks on "J" Avenue between 20th and 22nd Streets - contract # 04-047-TRN-001. The work also includes 3 handicap ramps and will provide a safe and accessible route from the high school to existing sidewalk networks. The low bid was received from Schwetz Construction. After discussion, Mr. Sizemore moved, seconded by Mr. Adams, to authorize the Mayor to enter into a contract with Schwetz Construction for the "J" Avenue sidewalk construction project in the amount of $32,415.32. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. At approximately 8:30 p.m. Mayor Maxwell continued the meeting to Monday, October 25, 2004 for the purpose of conducting a Closed Record Meeting to review the Planning Commission recommendation and associated appeals on The Isles Preliminary Development Plan (PUD). P � kw /ate Wanda P. Johnson, ity Clerk-Treasure`r H. Dean Maxwell, ayor Councilmember October 25, 2004 -- Continued from October 18, 2004 Mayor Maxwell called the continued meeting to order at 7:30 p.m. in the Council Chambers Roll call found present: Councilmembers Ray Sizemore, Bud Rock, Cynthia Richardson, Terry Christiansen, Nick Petrish, Brad Adams, and Loren Hoboy. Closed Record Meetinq: The Isles PUD — Planninq Commission Decision and Appeals The sole purpose of the meeting was to hear appeals on the proposed "Isles" subdivision generally located at West 2nd adjacent to Anacopper Road and Oakes Avenue. The Planning Director, Mr. Ian Munce, detailed the history of the project thus far including the options for street connections. He stated that the Planning Commission recommended approval to the City Council provided that the complete project package can be financed. He also reported the receipt of 35 appeals of that decision that will be presented to the Council this evening. Mr. Munce explained that if the City Council chooses to deny the PUD configuration, the applicant may still build on the old grid system. A number of individuals submitted oral testimony and the applicant responded (the proceedings are on tape and filed at City Hall): Mayor Maxwell invited the appellants to speak. Ms. Lois Elber, 3813 W. 3rd Street, spoke in support of the project while objecting to the condition that Ohio Avenue be developed to full city standards. She stated that she had presented a petition to the Planning Commission signed by 267 neighbors supporting her position, indicating that they would have no objection to Ohio being used as an emergency access. Her concern was for the need for another north/south connection and stated that Kansas was the most appropriate street for this connection and was acceptable to many neighbors. She pointed out that this proposed configuration would fit in well with the neighborhood because it is surrounded by PUDs. Ms. Tara Linder, 3608 W. 2"d, spoke against the project and questioned the validity of Ms. Elber's position and the timing of written submittals. She asked about the amount of land to be vacated and the price that the applicant will be paying, citing Ordinance #2674 regarding the price to be charged for vacating rights-of- way. Ms. Tara Vandeway, 3602 W. 2"d, spoke in support of the Planning Commission's original decision to have Ohio Avenue completed to full city standards and against the Kansas to Oakes connection. Ms. Marilyn Oshiro spoke in support of the project and in favor of the Kansas connection, and against the Ohio connection. She pointed out that "cottage" housing is becoming very popular as land becomes more scarce and that those living in these cottages enjoy the feeling of community. Ms. Laura Zigler, 3816 W. 3rd, spoke in favor of the project and the Kansas connection. Mr. Robert Linder, 3608 W. 2"d, made reference to the risk factors in a development such as this and shared statistics that more emergency response calls were required than in a single-family residence development built to grid. He indicated that in timing the travel time down Ohio to the development he found took him a considerable shorter time than using Kansas. He continued by stating that if these units were marketed to seniors, emergency response time would be very important. Mr. Rick Sadler, 3804 Fidalgo Bay Road, urged approval of the project using Kansas as a connection. Ms. Minka Taylor, 3606 W 2"d spoke against the project indicating that it would completely change the neighborhood and the traffic created (if Ohio to New York was not connected) would make a neighborhood already difficult to maneuver through even more difficult. On a question from Ms. Richardson, Ms. Elber explained her objection to Ohio being completed to full City standards regardless of who financed it, and that there has never been an objection to using Ohio as an emergency access. The applicant, Mr. Pete Peterson, explained that he could not afford to add the cost of building Ohio to full City standards and that if this was a condition of approval, he would need to build on the grid and outlined the differences in traffic, costs, and lost revenues to the City. Mr. Dale Herrigstad, engineer for the applicant, explained in more detail the improvements to Kansas, and that one of the vacation requests was for the purpose of creating a public, rather than a private, street as requested by the City Council. On a question from Mr. Hoboy regarding costs of the street improvements, Mr. Munce explained that the applicant proposed using the money received from the street vacations to fund the improvements to Kansas. The Planning Commission then added to that the cost of improving Ohio to full City standards. The Mayor closed the proceedings from further comments from either the appellants or the applicant. Ms. Richardson submitted an October 25, 2004 memorandum in which she proposed a number of typographical corrections and some clarifications. After discussion, Ms. Richardson moved that the subdivision be approved with conditions requiring: a latecomer's agreement for West 2"d; the net vacation dollars going towards improvements of Kansas; Ohio to Anacopper being used for construction traffic; and additional right-of-way vacations to ensure that the applicant owns 20 feet of the right-of-way for setbacks. The motion was seconded by Mr. Petrish. Vote: Ayes — Richardson and Petrish. No — Sizemore, Adams, Christiansen, and Rock. Abstain — Hoboy. Mr. Hoboy added that he was concerned about the project being located in an area that would be affected by airport safety concerns. The motion failed. Mr. Sizemore then moved that the Council deny the planned unit development approval sought for the Isles project. The motion was seconded by Mr. Adams. Vote: Ayes — Sizemore and Adams. No — Hoboy, Richardson, Rock, Petrish, and Christiansen. Mr. Sizemore then moved that the item be tabled until the November 1 City Council meeting. The motion was seconded by Mr. Petrish, and passed unanimously. The continued meeting adjourned at approximately 9:30 p.m. Wanda P. Johnson CiJerk-Treasurer Z;H�,Z..Q�Mgwey ty 4�1Councilmember November 1, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of November 1, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetina Mr. Sizemore moved, seconded by Mr. Hoboy, to approve the minutes of October 18, 2004 minutes as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. Mayor/Council Communication'/ Mayor Maxwell asked for Council confirmation of the reappointment of George Mehler and Ken Wilson to the Board of Adjustment. Mr. Rock so moved, seconded by Mr. Sizemore. Council vote was unanimous. The Mayor and Council thanked both gentlemen for their hard work and dedication. Mr. Petrish announced that there's an opening on the Community Improvement Board. Any interested candidates from Ward # 1 should contact Mr. Petrish. Mr. Sizemore asked that the Ordinance establishing the Mayor's salary be placed on the November 15th Council agenda. In preparation for that decision Mr. Sizemore distributed statistical data to the Council. Decision: The Isles Planned Unit Development Mayor Maxwell initiated the decision phase, tabled from the October 25th meeting, on The Isles Preliminary Development Plan. Mr. Ian Munce, Planning Director, explained that when the Council last met on this proposal they voted 4-2 with one abstention to approve the Islands Preliminary Development Plan for a 17 -unit PUD generally located at West 2nd and Ohio. The motion for approval was subject to several conditions. Mr. Munce explained that the zoning ordinance envisions just such a lengthy debate on the design elements of this project (formerly Cottages by Habitat). If there were to be an affirmative motion on this project the applicant would then be entitled to further approvals if he complied with conditions imposed at this stage. Mr. Hoboy characterized two main concerns regarding the Isles - density and number of project outlets. However, he suggested that postponing a decision on this project would not bring the City closer to solving traffic regional issues. Mr. Christiansen discussed the potential costs of full development of Kansas from West 7th Place to Oakes Avenue. He raised funding challenges should the Kansas Avenue development become a key ingredient in this decision. Mr. Bob Hyde, Director of Public Works, outlined the major costs of widening Oakes Avenue; the City's estimate is based on historical data. Mr. Hyde stressed that it was unclear where the funding would come. WSDOT has offered to accept the access on Kansas and will assist in permitting but no mention has been made of funding. Kansas Avenue development would be phased over a number of years. Mrs. Richardson spoke in support of two connections distributing the traffic volume and avoiding a 5-block/1-entrance scenario. She also said that the Kansas connection is a regional issue driven by a larger neighborhood than the potential 12 or 17 homes created by the Isles. Mr. Petrish expressed lingering concerns about the affect to the neighborhood from this project, but had conflicting neighborhood concerns regarding Ohio Avenue development. As he has in the past, Mr. Adams said there were too many building sites and the layout is incompatible with the surroundings. Mr. Sizemore also reviewed his objections to the project as presented. Mr. Hyde confirmed that an engineering study concluded that a West 2nd to Anacopper Road connection is deficient in sight distance by 300' and staff recommends against that option. He also clarified that more than an emergency connection on Ohio would be required if the land was developed on the grid system. Discussion followed regarding general requirements to develop street connections. Mr. Hyde explained that an estimated $140,000 would be contributed to regional improvements if this project were approved; however exact square footage and valuation will be calculated as part of the Final Development Plan. After discussion, Mr. Petrish moved, seconded by Mrs. Richardson to approve the Isles Preliminary Development Plan subject to the 31 conditions recommended by the Planning Commission. Item 20 shall read: "All improvements along New York Avenue, West 2"d, Ohio Avenue, and Kansas Avenue shall be to the City of Anacortes full standards and approved by the City Engineer. This may include landscaping and street lights." Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, and Petrish. No — Adams, and Sizemore. Motion carried. November 1, 2004 -- continued Interlocal with Skaqit Countv (Alcohol Treatmentl Mr. David Asia, Substance Abuse Program Coordinator for Skagit County Human Services, explained to the Council and audience that since the late 80's detoxification services for Skagit County were provided by Skagit Recovery; those services were terminated in April of this year. All the municipalities of Skagit County including the County itself have been contributing 7% of their alcohol excise taxes to the existence of that program. In order to continue these services Skagit County has entered into an Agreement with Compass Health. Mr. Asia said that Compass Health will provide substantially improved services over the previous provider. A standout component is the behavioral crisis triage program. The request before Council is to transfer the relationship from Skagit Recovery to Compass Health; this change does not represented an increase in funding. Chief King Mike King added that the emphasis on a combination of alcohol and mental health issues provides for increased and improved public services. Mr. Christiansen asked if this change in providers will negatively impact Anacortes. Mr. Asia explained that the new biennium begins in June of 2005; at that time RFP's will be complied and will include proposals for an outreach office — the expectation is that the agency would be providing services to the Anacortes community. Mrs. Richardson spoke in favor of the triage approach. After discussion, Mr. Sizemore moved, seconded by Mr. Rock, to authorize the Mayor to enter into an Interlocal Agreement with Skagit County for funding to assure the available of Substance Abuse Treatment and Prevention programs to all of the County's citizens. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Economic Planninq RFP Mayor Maxwell introduced a request for direction on securing consultant services for the development of a comprehensive economic plan for the City of Anacortes. Mr. Ian Munce, City Attorney, outlined the associated tasks: compile a list of available consultants and advertise by the 24th of November with a submittal deadline of December 31St. The Council subcommittee and staff will review and submit recommendations to City Council by January 31St with a contract award in February with a March 1St start date. The Finance Committee will review the RFP before distribution. Mayor Pro -tem Sizemore determined that the Finance Committee would oversee the consultant selection process. Mr. Munce recommended that language be added: "The Council reserves the right to refuse any and all proposals." Mr. Petrish thanked Mr. Christiansen for his work for bringing these issues to light. With that, Mrs. Richardson moved, seconded by Christiansen, to move forward with this project. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Contract Amendment: Skaqit Countv Community Action Agencv Mr. Ian Munce, City Attorney, explained that monies from a Federal Community Development Block Grant were earmarked for the Skagit County Community Action Agency (SCCAA). This agency is instrumental in helping low income families from Anacortes; the contract amendment now before Council allocates $19,2000 to the SCCAA. Citing the meaningful support from SCCAA, Mr. Christiansen moved, seconded by Mrs. Richardson, to adopt Resolution No.1685 entitled "Authorizing a Contract Amendment with the Skagit County Community Action Agency". Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Public Hearinq: Interim Airport Zoninq Extension Mayor Maxwell opened the Public Hearing to take public comment on a Council -approved extension to the Anacortes Airport zoning. Mr. Ian Munce, City Attorney, presented a work program conveyed to the City in a letter from Mr. Dan Stahl, Port Director; this work program results in permanent zoning by March 31St. The Port/City liaison committee will be meeting again and tree clearing, fencing and landscaping, participation with FAA, and wetland areas will all be addressed. Mr. T.J. Wegg, 3816 Fidalgo Bay Road, recommended reviewing a 2002 airport zoning plan penned by Mr. Christiansen. Mr. Dale Aspnes, 2715 Dundee Drive, spoke in favor of the interim zoning extension. He pointed out the extensive citizen input in the review of the Airport Master Plan. He emphasized that safety issues should be adequately addressed in the master plan before any substantial changes are authorized. Mr. Tex Wilson, 4305 Whidbey Court, supported Mr. Aspnes' comments and questioned cutting down trees to mitigate visual obstruction to the airport; he spoke against expansion. There were no further comments and the Mayor declared the Public Hearing closed. Modification to PSE Mt. Erie Site Plan Mr. Ian Munce, Planning Director, briefed the Council explained that Mt. Erie, owned by the City, is leased to Puget Sound Energy. The Kiwanis Club deeded the property to the City and has some oversight of activity at this vital location. A conditional use permit was issued to PSE for Mt. Erie communication towers; PSE subleases to the Coast Guard for equipment co -location. PSE has asked the Coast Guard contractor to modify the location of equipment on the site. As Zoning Administrator, Mr. Munce intends to approve the modification after Council review; the Kiwanis Club was notified of the modification and has no objections. 1885 November 1, 2004 -- continued Update: School District Portables — 22nd Street Mr. Ian Munce, Planning Director, refereed to a previous Council decision to allow portable classrooms at 22nd and "J" subject to several improvement conditions. Subsequent to that decision, developers approached the School District to discuss relocating the portables to Mr. Erie School. 22nd Street Improvements were put on hold during negotiations. The developer withdrew the proposal and the Building Department then asked the District for a clear cut time frame to complete the required improvements. Absent that information Mr. Munce recommended that this matter be brought to the Council on November 15th for disposition. The Mayor suggested that the School District meet with Council in Study Session to review their compliance schedule. Purchase Authoritv for BNSF Mineral and Fiber Optic Rights Mr. Gary Robinson, Director of Public Works, explained that when the City acquired the railroad corridor from Burlington Northern (BNSF) in 1997; BNSF was not willing to sell all of their interest and so retained the mineral and fiber optic rights. Negotiations for the purchase of those rights have been ongoing and BNSF has agreed to release their remaining interests for $35,444. Mr. Robinson explained that the acquisition of these rights would provide complete City ownership of the corridor thereby providing for greater development flexibility. Mr. Robinson also encouraged everyone to see the recently completed Tommy Thompson Parkway. With that, Mrs. Richardson moved, seconded by Mr. Christiansen, to authorize staff to execute the necessary documents for the purchase of the BNSF railroad corridor mineral and fiber optic rights in the amount of $35,444. Vote: Ayes — Hoboy, Petrish, Sizemore, Adams, Christiansen, Richardson, and Rock. Motion carried. Consent Aaenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda item. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on October 21, 2004 and October 28, 2004 for payment as of this date November 1, 2004. Claims Warrants for the month of October Warrant Numbers 28999 through 29151 in the total amount of $706,684.48 Pavroll # 1 October 15. 2004 in the total amount of $403,666.15 Warrant Numbers 26290 through 26359 in the total amount of $63,647.10 Direct Deposit Numbers 12472 through 12623 in the total amount of $221,456.83 EFT Numbers 349 through 355 in the total amount of $118,562.22 Possible UGA Amendments — Comments to Countv Mr. Ian Munce, Planning Director, began his presentation with reference to the 2005 deadline for the Skagit County Comprehensive Plan and Development Regulation comprehensive update; all Skagit County municipalities are to comply with this deadline as well. Our current zoning build -out is at a population of 18,300; population allocations have been extended to 2025. Because population growth has leveled off only 125 acres will be included in the next round of countywide commercial/industrial allocation calculations. Mt. Vernon and Sedro Woolley have argued strenuously that they should receive that entire allocation because that's where the population is headed. Mt. Vernon would gain 90 acres; Sedro Woolley 35. The County notified its citizens by mail of the deadline for applications to be included in an Urban Growth Area. The City of Anacortes received 3 applications; one was withdrawn. Preliminary comments on these proposals are due to the County by November 15th. Scimitar Ridge applied to add 167 acres although there is no population or commercial/industrial allocation from the countywide level to support this proposal. The second request (Hendricks) is for approximately 10 acres and staff will recommend that the County considers this request to be a minimal addition. Discussion followed regarding annexation methods. No other proposals will be considered for the next 7-10 years. Staff requests that Council authorize a letter to go forward to the County asked that the Hendricks property to be further considered and to indicate a skepticism including Scimitar as it is not being within our allocations. Mr. Rock so moved, seconded by Mr. Hoboy. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. Ordinance: Adopting 2005 Budget Ms. Wanda Johnson, Finance Director, presented an Ordinance to Council adopting the 2005 Budget. Discussion followed regarding funding for frontage improvements on the west side of Pennsylvania. With that Mr. Sizemore moved, seconded by Mr. Adams, to adopt Ordinance No. 2679 entitled "An Ordinance Adopting the Budget and Salary Schedule for all Municipal 1886 November 1, 2004 -- continued Purposes and Uses for the Year 2005." Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Resolution: Settinq 2005 Propertv Tax Ms. Wanda Johnson, Finance Director, presented a Resolution to Council setting the City's year 2005 property tax regular levy increase in the amount of $32,574, a 1% increase from the previous year. Mr. Christiansen moved, seconded by Mrs. Richardson, to adopt Resolution 1686 entitled "A Resolution of the City Council of the City of Anacortes, Setting the City's Year 2005 Property Tax Regular Levy Increase." Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Contract Authorization: Eden CASS/Resolution Ms. Wanda Johnson, Finance Director, presented a request to Council for approval of a contract with Eden for the purchase of the Coding Accuracy Support System (CASS). Ms. Johnson explained that the $11,250 cost is budgeted and no additional appropriation is requested. When it was determined that the City could no longer use the PSE billing and mailing support, it was decided that Finance would again do the billings in-house. In order to obtain a discounted postage rate the City must provide CASS certification to the Post Office. This change will represent an on going net savings of $9,360. The Finance Committee reviewed this proposal and recommends approval. With that, Mrs. Richardson moved, seconded by Mr. Rock, to adopt Resolution No. 1687 authorizing the Mayor to enter into an agreement with Eden for the purchase of the Coding Accuracy Support system (CASS). Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. Award Contract: Storz Fire Hvdrant Adaptors - National Water Works Mr. Bob Hyde, Director of Public Works, reported that the water department published a call for sealed bids for Storz Fire Hydrant Adapters; three bids were received with National Waterworks, Bellingham as the low bidder in the amount of $10,972. After discussion, Mr. Sizemore moved, seconded by Mr. Christiansen, to award the bid for Storz Fire Hydrant Adapters to National Waterworks in the amount of $10,972.00. Vote: Ayes — Rock, Hoboy, Petrish, Sizemore, Adams, Christiansen, and Richardson. Motion carried. Mayor Maxwell announced that there will be a memorial service for Beverly Ann Benedict on Thursday, November 4th at 1:00 p.m. at Evans Funeral Home. There being no further business at approximately 10:45 p.m. Mayor Maxwell adjourned the regularly scheduled Council meeting of November Vt. P dL-716"Va Wanda P. Johnson, city Clerk -Treasurer H. Dean Maxwell, �ayor ;;Cuncilmember November 15, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of November 15, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meetinq Mr. Petrish moved, seconded by Mr. Sizemore to approve the minutes of October 25, 2004 and November 1, 2004 minutes as if read. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearinas Mr. Don Spurling, paramedic with the Anacortes Fire Department, encouraged Council adoption of the proposed City Policy regarding employee participation in the Bone Marrow and Organ donation program. Mr. Spurling, a program participant, was found to be a match for a recipient in need; he was allowed to follow through with the necessary medical procedures without having to use his sick leave or vacation time. Mr. Spurling appreciated the City's support and briefly described the transplant procedure. The Mayor said that the policy update would come before Council in Study Session. He remarked on Mr. Spurling's courage and compassion; statistics show that odds on finding someone with a bone marrow match are 1 in 5,000,000. Mrs. Richardson initiated a special thank you to all firefighters for their many contributions above and beyond the call of duty. Mayor/Council Communication; Mayor Maxwell then reported on the following items: (1) Councilmembers needs to decide on DVD or VHS format for Planning Commission tapings. (2) At a recent Flu Shot clinic 450 shots were administered without incident; the Department of Health, Anacortes Red Cross, and Anacortes Police Department coordinated this activity. (3) The 17th Superior Court decreed that the previous decision in favor of 1,000 Friends of Washington on their challenge that the City of Anacortes was out of compliance with the Growth Management Act, be reversed. Mr. Petrish reported: (1) Causland Park Restoration efforts are ongoing with particular attention to the bandstand roof construction. (2) The views from the new Tommy Thompson Trail are spectacular. He suggested that benches on both sides of the trail would be a welcome addition — anyone wishing to contribute to the purchase and installation of a bench should contact the Parks Director, Mr. Gary Robinson. Both he and Mr. Robinson will investigate improperly placed access signs. (3) Congratulations to our City Attorney, Mr. Ian Munce — both his daughter and son-in-law were sworn in as attorneys with the Washington State Bar Association. Mr. Sizemore announced that there will be a severe shortage of donated turkeys during the Thanksgiving holiday. Three hundred turkeys are needed for both the Thanksgiving and Christmas seasons for families in need. Mr. Sizemore's company, Cimarron Trucking, pledged 100 of that number and asked anyone who would like to donate to this cause to contact him, Councilman Christiansen (Anacortes 100 Food Bank Board Member) or KLKI radio station. The Mayor reported that according to the 2000 census there are 351 families in Anacortes that live below the Federal poverty level. Public Hearina: Interim CAO Extension Mayor Maxwell opened the Public Hearing to consider comments on recent Council action to extend the Interim Critical Areas Ordinance (#2675) for six months. Mr. Ian Munce, City Attorney, outlined the tasks ahead. A new draft CAO will be prepared for public review in January with subsequent Planning Commission and Council recommendation and approval. The review will be held to study only those changes made since the last Planning Commission -approved draft. There were no public comments and the Mayor declared the Public Hearing closed. Proposed Interlocal Aareement with the Port of Anacortes (Airport Planninal Mr. Ian Munce, City Attorney, introduced a draft agreement between the Port and City for joint planning at the Anacortes Airport. He outlined upcoming Ordinance development processes including public participation, joint SEPA review by the Port and City, Planning Commission and Council public hearings, and a possible sub -area plan. The target completion date is March 30th. This matter will be placed on the November 22, 2004 agenda. "H" Avenue Park Master Plan Approval Mr. Gary Robinson, Parks Director reviewed the Master Plan for the "H" Avenue Park at the site of the old reservoir. This property is currently used as an off -leash dog area. The Plan was previously reviewed by Council in Study Session and public input was solicited. Mrs. Richardson reviewed key concerns: entrance, path around the inside of the dog area, and low intensity safety lighting for both the parking and playfield areas. Staff recommends approval of the Master Plan with the proviso that the entrance issues are brought to a successful conclusion. Mrs. Richardson so moved, seconded by Mr. Rock. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. ConsentAaenda Mr. Christiansen moved, seconded by Mr. Sizemore to approve the following Consent Agenda item. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. November 15, 2004 -- continued Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 4, 2004 and November 10, 2004 for payment as of this date November 15, 2004. Claims Warrants for the month of November Warrant Numbers 29152 through 29343 in the total amount of $845,395.89 Pavroll # 2 October 29, 2004 in the total amount of $557,904.75 Warrant Numbers 26360 through 26438 in the total amount of $214,050.11 Direct Deposit Numbers 12624 through 12734 in the total amount of $222,670.14 EFT Numbers 353 through 359 in the total amount of $121,184.50 In the same motion the Council approved the second 2% Chamber of Commerce funding proposal as outlined in a November 8, 2004 memorandum from the Tourism Committee to the City Council; Council authorized the Mayor to sign the 2003 small diameter waterline change order and to accept the project as complete; and Council approved the Lions Club Christmas Parade Street Fair application for Saturday, December 4, 2004 from 10:00 a. m. to 12:00 p.m. Resolution: ACFL Grant to IAC Mr. Gary Robinson, Parks Director, presented a request for authorization to apply for an Interagency Committee (IAC) for Outdoor Recreation grant for funding to increase law enforcement in the Anacortes Community Forest Lands. The funds would pay overtime to Anacortes Police Officers to help patrol the ACFL during peak summer months. Mr. Robinson described both the specific enforcement issues and additional grant and funding proposals. Mr. Adams stressed the importance of enforcing safety issues at Whistle Lake. With that, Mr. Sizemore moved, seconded by Mr. Christiansen, to adopt Resolution No. 1681 entitled "Forest Lands Education and Enforcement Patrol 2005". Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Rock Ridqe West Phase II — Final Plat Mrs. Richardson and Mr. Christiansen stepped down from deliberation on this matter. Mr. Ian Munce, Planning Director, explained that the City Council approved the Preliminary Plat for Rock Ridge West Phase II with conditions. The construction phase of the project is complete and has been overseen by the Public Works Department. All the conditions have been met and no Performance Bond is required. The recommended Maintenance Bond is in the amount of $22,100. Mr. Hoboy asked for landscaping plan for the hillside above Pennsylvania Avenue. Mr. Tony Malo, 3307 "H" Avenue, applicant, said the landscaping plan is being reviewed by City staff and will come before the Planning Commission for final approval. 4,000 native growth plants are proposed. After discussion, Mr. Sizemore moved, seconded by Mr. Adams, to approve the Rock Ridge West Phase II Final Plat subject to a $22,100 Maintenance Bond. Vote: Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Mr. Christiansen returned to the Council Chambers. Closed Record Meeting: Orchards Planned Unit Development Mayor Maxwell continued this matter to Monday, December 6, 2004. Closed Record Meetinq: Castilleia Bluff Preliminary Plat Mayor Maxwell initiated the Closed Record Meeting to review a 10 -lot subdivision located on 18.5 acres generally at the northern terminus of Marine Heights Way. Mr. Ian Munce, Planning Director, used an overhead display to highlight the property location at the southern City limits. The property was previously divided through the short plat process; at that time an agreement was reached that the access would be allowed through Marine Heights if the 3 -lot short plat was limited to 12 home sites. Mr. Munce described the project features: the hillside is steep, rocky, and fragile - homes will be built on the top of the hill; streets will be public and 28' wide with sidewalks on one side. The Public Works Director may vary standards on particular roadway sections based on preexisting conditions. The Planning Commission held Public Hearings and voted to recommend approval subject to 25 conditions. No appeals were filed. After discussion, Mr. Hoboy suggested that the adjustments on road width seemed appropriate and that the project was well thought out. With that Mr. Hoboy moved, seconded by Mr. Sizemore, to approve the Castilleja Bluff Preliminary Plat application subject to 25 conditions outlined in the Findings of Fact and Conclusions of Law. Vote: Ayes - Hoboy, Petrish, Sizemore, Adams, Rock. Abstain: Christiansen. Motion carried. Mrs. Richardson returned to the Council Chambers. West 7th Pronertv Transaction Mr. Ian Munce, Planning Director, presented a request from CC&R Development for the purchase of a "surplus" parcel on West 7th Street. Using an overhead display Mr. Munce explained that all the infrastructure improvements are in for this specific portion of West 7th Street. The developer, Mr. Phillip Rhodes of CC&R, has asked to purchase a portion of the existing West 7th City detention facility, an amenity dedicated to the City by previous property owners/developers. Subsequently, Public Works determined that a secondary bypass system would be more effective ruling out the need for the entire dedicated detention area. Mr. Bob Hyde, Director of Public Works, described the current upgrades completed by CC&R including frontage improvements, West 7th installation, upsized waterline, sidewalks, and conveyance system improvements. Mr. Phil Rhodes of CC&R, 4604 Camano Place, answered questions from the Council. Also, Mr. Rhodes outlined a compensation proposal in a November 7, 2004 • • 6 a November 15, 2004 -- continued letter to the Mayor and Council. After discussion, it was decided that the City would retain ownership of the property; Council may review the CC&R request again once the City's upcoming comprehensive stormwater report is available. Public Hearinq: Vacation of Portion of 29th Street — Harris Mayor Maxwell opened a Public Hearing on a Petition to Vacation a portion of 29th Street submitted by Roy Christenson for the vacation of the north 40' of that portion of 29th Street lying east of "D" Avenue and abutting Block 178, Anacortes Original and Block 4, Kellogg and Ford Addition to Anacortes. Mr. Ian Munce, Planning Director, used an overhead to highlight the surrounding street connections. As platted 29th street now abuts the Pleasant Slope project and a nearby conservation easement and cannot be developed past the Christenson property. Stephen Mansfield, 1729 6" St., offered that the vacation would not create a new or additional building site but would provide appropriate "D" Avenue access without having to install full street improvements. The Board of Adjustment held a Public Hearing on this matter and voted to recommend approval. There were no further comments from the audience and the Mayor declared the Public Hearing closed. Council discussed the administrative process to vacate the entire 80' of the subject portion of 29th St. It was clarified that the property at the east end of the block can be accessed off of "E" Avenue. After discussion, Mr. Christiansen moved, seconded by Mr. Petrish, to approve the vacation of a portion of 29th abutting Block 178, Anacortes Original and directed staff to prepare an Ordinance for Council adoption that would include the value calculations. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Ordinance: Encroachment Permits Mayor Maxwell presented the final draft of an Ordinance establishing policy for encroachment agreements. Council and staff have reviewed the ordinance in Study Session. Mr. Bob Hyde, Director of Public Works, explained that until a recent appeal, encroachments agreements were handled administratively; through the subsequent policy review the need for a notification and appeal process was highlighted. The appeal fee was also changed. Discussion followed regarding the development of guidelines; however it was pointed out that because of the number of variables in each situation a case- by-case approach would be most effective. After discussion, Mr. Christiansen moved, seconded by Mr. Sizemore, to adopt Ordinance No. 2680 entitled "An Ordinance Establishing Procedures for the Issuance of Encroachment Permits." Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Ordinance: Mavor's 2005 Salary Mayor Maxwell turned the meeting over to Mayor Pro -Tem Sizemore and then left the Council Chambers. Mr. Sizemore initiated the discussion on the Mayor's salary for 2005. Specific issues were current salary ranges for the Mayor's position as compared to other municipalities, and CPI statistics. Mrs. Richard suggested next year reviewing the Mayor's salary range for the long term application.' After discussion Mr. Christiansen moved, seconded by Mr. Rock to increase the Mayor's salary by 2.7%. Vote: Ayes — Christiansen, Rock. No — Sizemore, Adams, Richardson, Hoboy, and Petrish. Motion failed. Mr. Adams moved, seconded by Mr. Petrish, to increase the Mayor's 2005 salary by 3% and to adopt Ordinance No. 2681 entitled "An Ordinance Establishing Compensation for the Mayor of the City of Anacortes for the Year 2005 and Repealing Ordinance No. 2634 Passed and Approved on the 17th day of November 2003." Vote: Ayes — Adams. Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. There being no further business at approximately 10:30 p.m. Mayor Pro -tem Sizemore continued the meeting to Monday, November 22, 2004 to conduct a Closed Record Meeting on a Conditional use Permit to allow an office complex in the LM 1 zone; for an update on the School District portable buildings at 22nd Street, and for action on the proposed Interlocal Agreement with the Port of Anacortes. �j P 6.14VIl Z-301 �7Mz� Wanda P. Johnson, Cityclerk-Treasurer '-H. De n Maxwell, Mayor - /% Councilmember • November 22, 2004 Continued from November 15, 2004 Mayor Maxwell called the continued meeting of November 15, 2004 to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Terry Christiansen, Cynthia Richardson, Brad Adams, Bud Rock, and Nick Petrish. Closed Record Meetinq: Jurdi Conditional Use — Office Complex in the LM1 Zone The Planning Director, Ian Munce, explained that this property was located at March Point on the south side of South March Point Road, east of Christianson Road. Additionally, office complexes such as the one proposed, are conditional uses in this LM1 zone. Finally, the Planning Commission had held a public hearing on this application, no public comments were received, and the Planning Commission was recommending approval of the conditional use to the City Council with standard conditions. Under discussion, the Council clarified that a second story was being authorized on the smaller of the two proposed buildings without the need for a new conditional use application. Ms. Richardson moved that the conditional use permit be issued subject to the recommended conditions. The motion was seconded by Mr. Sizemore and passed unanimously. 22nd and "J" Avenue School District Portables Dr. Tom Marrs, School Superintendent, reviewed the history of the conditional use permit that the City Council had issued for this project. Dr. Marrs added that the school district had a schedule that would have either all the City Council conditions met by September 2005 or else the portables would be relocated elsewhere. Councilmembers expressed concern about this ongoing situation. They asked that a copy of the City Council Minutes on this subject be forwarded to them for their individual review. Mr. Hoboy also asked that he receive a copy of the meeting tape in which the final decision was reached. Airport Planninq Aareement with the Port of Anacortes The Planning Director presented an agreement under which the Port and the City would do joint planning at the Anacortes Airport. Mr. Munce explained that there would be extensive public participation opportunities, a joint SEPA review by City and Port, a Planning Commission public hearing, a City Council public hearing, and a possible sub -area plan document that would contain both policies and regulations. Mr. Munce pointed out that this work can all be completed by March 30 but the Interlocal Agreement is for a period of two years in order to allow for any related appeals to be heard. Ms. Richardson expressed concern about the City compromising its zoning authorities. Mr. Sizemore moved that the City enter into the proposed Interlocal Agreement. The motion was seconded by Mr. Petrish. Vote: Ayes — Sizemore, Christiansen, Adams, Rock, Hoboy, and Petrish. No — Richardson. Reauest for Proposal: Economic Development Strateqy The Mayor and Council discussed the details of the RFP with the City Finance Director, Ms. Wanda Johnson. A number of technical corrections were agreed to. After discussion, Ms. Richardson moved that the City move forward with the RFP as presented and agreed upon. The motion was seconded by Mr. Hoboy, and passed unanimously. Establishment of Fee for Encroachment Permit Application Mr. Bob Hyde, City Public Works Director, requested that the City Council establish an application fee of $100.00 for an encroachment permit application. Mr. Hyde added that this action follows on from the procedure that the City Council had recently established. After discussion, Mr. Sizemore moved that the Resolution No. 1688 entitled "A Resolution Establishing a Fee for Encroachment Permit Applications" be adopted. The motion was seconded by Mr. Christiansen and passed unanimously. The continued meeting adjourned at approximately 8:30 p.m. /1"P --d' 4 7� \IVanda P. Johnson, City Clerk -Treasurer H. Dean Maxwell, Ma�or l ZaM er 1891 November 22, 2004 --Continued from November 15, 2004 Mayor Maxwell called the continued meeting of November 15, 2004 to order at 7:30 p.m. Roll call found present: Councilmembers Ray Sizemore, Terry Christiansen, Cynthia Richardson, Brad Adams, Bud Rock, and Nick Petrish. Closed Record Meetinq: Jurdi Conditional Use — Office Complex in the LM1 Zone The Planning Director, Ian Munce, explained that this property was located at March Point on the south side of South March Point Road, east of Christianson Road. Additionally, office complexes such as the one proposed, are conditional uses in this LM1 zone. Finally, the Planning Commission had held a public hearing on this application, no public comments were received, and the Planning Commission was recommending approval of the conditional use to the City Council with standard conditions. Under discussion, the Council clarified that a second story was being authorized on the smaller of the two proposed buildings without the need for a new conditional use application. Ms. Richardson moved that the conditional use permit be issued subject to the recommended conditions. The motion was seconded by Mr. Sizemore and passed unanimously. 22nd and "J" Avenue School District Portables Dr. Tom Marrs, School Superintendent, reviewed the history of the conditional use permit that the City Council had issued for this project. Dr. Marrs added that the school district had a schedule that would have either all the City Council conditions met by September 2005 or else the portables would be relocated elsewhere. Councilmembers expressed concern about this ongoing situation. They asked that a copy of the City Council Minutes on this subject be forwarded to them for their individual review. Mr. Hoboy also asked that he receive a copy of the meeting tape in which the final decision was reached. Airport Planninq Aqreement with the Port of Anacortes The Planning Director presented an agreement under which the Port and the City would do joint planning at the Anacortes Airport. Mr. Munce explained that there would be extensive public participation opportunities, a joint SEPA review by City and Port, a Planning Commission public hearing, a City Council public hearing, and a possible sub -area plan document that would contain both policies and regulations. Mr. Munce pointed out that this work can all be completed by March 30 but the Interlocal Agreement is for a period of two years in order to allow for any related appeals to be heard. Ms. Richardson expressed concern about the City compromising its zoning authorities. Mr. Sizemore moved that the City enter into the proposed Interlocal Agreement. The motion was seconded by Mr. Petrish. Vote: Ayes — Sizemore, Christiansen, Adams, Rock, Hoboy, and Petrish. No — Richardson. Request for Proposal: Economic Development Strateqv The Mayor and Council discussed the details of the RFP with the City Finance Director, Ms. Wanda Johnson. A number of technical corrections were agreed to. After discussion, Ms. Richardson moved that the City move forward with the RFP as presented and agreed upon. The motion was seconded by Mr. Hoboy, and passed unanimously. Establishment of Fee for Encroachment Permit Application Mr. Bob Hyde, City Public Works Director, requested that the City Council establish an application fee of $100.00 for an encroachment permit application. Mr. Hyde added that this action follows on from the procedure that the City Council had recently established. After discussion, Mr. Sizemore moved that the Resolution No. 1688 entitled "A Resolution Establishing a Fee for Encroachment Permit Applications" be adopted. The motion was seconded by Mr. Christiansen and passed unanimously. The continued meeting adjourned at approximately 8:30 p.m. 1), !V cL 71, /1�x 1�' Wanda P. Johnson, Ci Clerk -Treasurer H. Dean Maxwell, Mayor Z�--e_ Z"', Councilmember / 1892 December 6, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of November 15, 2004 to order. Roll call found present: Loren Hoboy, Nick Petrish, Ray Sizemore, Brad Adams, Terry Christiansen, Cynthia Richardson, and Bud Rock. The Pledge of Allegiance followed roll call. Minutes of Previous Meeting Mr. Sizemore moved, seconded by Mr. Rock to approve the minutes of November 15, 2004 and November 22, 2004. Vote: Ayes — Petrish, Sizemore, Adams, Christiansen, Richardson, Rock, and Hoboy. Motion carried. Citizen Hearings No citizens present wished to testify on matters not on the agenda. %Mayor/Council Communication,, Mayor Maxwell presented the Mayor's "Pride in Service" award to Mr. Brad Adams and Mr. Loren Hoboy for completing one year's service as members of the City Council. In recognition they received official City of Anacortes coffee cups. The Mayor then introduced Mr. Jamie LeBlanc as the recipient of the Mayor's Award of Merit. The Mayor outlined for the audience Mr. LeBlanc's outstanding accomplishments at the Anacortes Water Treatment Plant over the last 6 years. Mr. LeBlanc has taken great pride in assuming responsibility for day-to-day activities at the plant; additionally, he was instrumental in the completion of the federally mandated Vulnerability Assessment. His co-workers and supervisor spoke highly of his eagerness and dependability in handling any assigned task. With that, the Mayor presented Mr. LeBlanc with a gift certificate to a local restaurant. Additionally, his name will be added to the plaque that hangs in the Council Chambers honoring the Award of Merit recipients. Mr. LeBlanc accepted the award to enthusiastic applause. Appointment Confirmation Mayor Maxwell and the Library Board recommend the appointment of Mr. Robert D. Howell to the Library Board. Mr. Sizemore moved, seconded by Mr. Hoboy, to confirm the nomination of Mr. Robert D. Howell to the Anacortes Library Board. Vote: Ayes — Sizemore, Adams, Christiansen, Richardson, Rock, Hoboy, and Petrish. Motion carried. The Mayor announced that there are openings on the Anacortes Improvement Board (Ward # 1) and on the Civil Service Board. Any interested applicants should contact the Mayor's office, 299-1950 or dean cDcitvofanacortes.orq. Mr. Sizemore reported that the recent campaign to provide turkeys for families in need during this holiday season was a great success. In that regard, the Mayor and Council thanked Mr. Sizemore and Mr. Christiansen for their dedicated efforts to lend support and encouragement to struggling families in our community. Mr. Christiansen urged anyone experiencing a budget challenge should contact the Anacortes 100 Food Bank for assistance. Consent Aqenda Mr. Christiansen moved, seconded by Mr. Rock to approve the following Consent Agenda item. Vote: Ayes — Adams, Christiansen, Richardson, Rock, Hoboy, Petrish, and Sizemore. Motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by .the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on November 18, 2004, November 24, 2004, and December 2, 2004 for payment as of this date December 6, 2004. Claims Warrants for the months of November -December Warrant Numbers 29346 through 29540 in the total amount of $839,933.86 Prewritten Warrants for the months of November -December Warrant Numbers 29344 and 29345 in the total amount of $140,975.07 November 15, 2004 payroll in the total amount of $427,167.44 Warrant Numbers 26439 through 26506 in the total amount of $66,095.14 Direct Deposit Numbers 12795 through 12948 in the total amount of $235,085.55 EFT Numbers 360 through 364 in the total amount of $125,986.75 November 30, 2004 navroll in the total amount of $584,424.64 Warrant Numbers 26507 through 26583 in the total amount of $217,387.51 Direct Deposit Numbers 12949 through 13059 in the total amount of $237,269.01 EFT Numbers 362 through 368 in the total amount of $129,768.12 1893 December 6, 2004 -- continued Closed Record Meetinq: The Orchards Planned Unit Development Mayor Maxwell initiated the Closed Record Meeting for the Orchards Planned Unit Development application submitted by Joe and Kimberly Woodmansee for 60 residential units on 29.66 acres. The property is generally located at 41St Street and Heart Lake Road. The Mayor clarified the meeting format as follows: All appeals will be heard on December 6th; a site visit will be scheduled with deliberation and decision on December 20th. Mr. Petrish disclosed those professional and private associations that may appear to be connected to this project. Having said that he felt could fairly and objectively perform his duties as a Councilmember with regard to this matter. There were no objections to his continued participation. Mr. Bob Hyde, Director of Public Works, introduced the project to the Council and audience. The Orchards encompasses 29.66 acres located southwest of the intersection of 41St Street and "H' Avenue; the City is currently widening the streets in this area; 3 different property owners are involved; the property is zoned R 1. 60 lots are proposed to be overlaid on this site. The applicants met with the City's Design Review Group on a number of occasions; the project has been through Planning Commission public hearings and a site visit. The Council received all exhibits, transcripts, and documents together with the Planning Commission recommendation for approval subject to 29 conditions. Seven appeals were filed. The applicant first proposed 2 long cul-de-sacs with a small substandard road; a significant buffer along the Ace of Hearts Creek; and a 30' Native Growth Protection Easement where the project abuts the Anacortes Forestlands. The applicant originally proposed to have sidewalks on one side of the streets inside the development and then to build a sidewalk along 41St along "H" Avenue to approximately "E" Avenue. During the hearings height restriction and density were an issue for lots located parallel to "E" Avenue. The Ace of Hearts Creek stream alignment is to be meandered, Site distance from Orchard Avenue was a matter of concern as well as overall project density. Mr. Hyde explained that Lots 43-46 are to remain as a family compound and shall not be further subdivided. The applicant submitted a response to Planning Commission conditions eliminating the cul-de- sacs and substandard street connection and increased lot size along the western border to 15,000 square feet. There will be two ingress/egress points off of 41St. The applicant has complied with City standards and the Design Review Group process. Mr. Scott Thomas, Attorney, representing the City on this matter, explained that this is a quasi-judicial matter and the Council will be acting in a judicial rather than legislative role. This is a Closed Record hearing and no new evidence or documents should be introduced into the record this evening. He further clarified that the map attached to the applicant's appeal is not new evidence but rather a clarification of the Planning Commission's conditions. Mr. Ross O. Barnes, 1004 7th Street, spoke on behalf of his own appeal as well as on behalf of the Evergreen Islands appeal. The appeal focuses on Ace of Hearts Creek under and adjacent to 41 st Street. Mr. Barnes understood that the existing storm drainage that feeds into the creek culvert shall be separated from the creek as part of the "H" Avenue construction project. He characterized this as an unresolved issue and should be connected to the Orchards development. He also said that the intent to upgrade the substandard culvert with a new culvert was not addressed in a condition. Mr. Barnes submitted (1) overhead drawing highlighting the stream culvert and (2) an alternative Condition # 21 with new culvert replacement language. Mr. Barnes also reviewed the applicant's appeal of condition # 17 (landscaping), condition # 30 (delete phrase consistent with codes) and condition # 21 (stream relocation should be a public as a whole rather than by a single property owner). Mr. Robert Ford, 4305 "E" Avenue, asked for an 18' height restriction to be placed on the development; roof lines shall be established at 3:1 pitch; minimum lot size shall be 12,000 sq. ft. except for those lots recommended by the Planning Commission to be 15,000 square feet. He spoke to the need to create a better transition between forestlands and the project. Mr. Sherlock Hirning, 2121 41St St., addressed the sidewalk improvements on 41St street adjacent to his property. He would like to work with both the developer and the City to mitigate impacts to their property. Mr. Steve Miller, 4303 "E" Avenue, discussed the 41stStreet access points; recommended a traffic flow study of 41St Street and "H' Avenue; expressed concern regarding density; spoke against reduced setbacks narrowing the view corridor; and suggested limiting the height of homes along the west side of the development to 18'. Mr. John Ravnik, Ravnik & Associates, Inc., 108 E. Gilkey Rd, Burlington, representing the applicant, responded to each of the proposed conditions. He highlighted condition # 17 suggesting that the Landscaping Plan be reviewed and approved at the same time as the Final Development Plan submission. The applicant also appeals the requirement to provide native plantings; this project does not impact the Creek. Condition # 18 addresses the same issue — appeal of the requirement that the detention pond be landscaped with native plantings. Condition # 21 appeal - no negative impact on Ace of Hearts Creek from this project and it is unclear why the applicant is being required to realign and relocate the Creek out of the public right-of-way. Applicant's costs should be proportionate to the effects generated by the project. December 6, 2004 -- continued Condition # 23 - appeal that condition be clarified to show that the project is responsible for downstream sewer improvements that are a direct result of the construction of this project. Condition # 24 is no longer applicable. Condition # 26 requires sidewalks on both sides of the roadway with the proposed PUD. Applicant appeals condition to install sidewalk along the south side of 41St street extending westerly from the project's frontage to connect to the east end of the existing sidewalk located approximately 650' west of the project's western boundary - not proportional to the impacts of this development. Doubled sided off-site improvements are beyond scope of project impact. Mr. Bruce Lisser, Lisser & Associates, 320 Milwaukee St., Mt. Vernon, clarified that maintenance of the stream would be up to the Homeowners Association; he provided historical background on the family-owned lots 43, 44, and 45. Mr. Christiansen asked about the extended private street access for Lots 16-19. In response Mr. Joe Woodmansee, applicant, referred to a revised drawing reflecting Planning Commission recommendations; there will be a Fire Department approved turnaround between the last 2 lots; additionally there will be a Fire Department approved turnaround between Lots 44 and 45. Also, the line of sight calculations were validated by the Engineering Department. There were no further questions of the appellants and the Mayor closed the appeal portion of the meeting. Mr. Bob Hyde, Director of Public Works, outlined the plan to redirect drainage in the area of 41St and "H" Avenue. An "H" Avenue Change Order will provide for the storm pipe installation along the east side of "H" Avenue. Sidewalks will be installed from the corner of "H" and 41St to Mt. Erie School by a separate contract in 2005 — the City wants to avoid digging up the area twice. Mr. Fred Buckenmeyer, City Engineer used a blueprint of "H" Avenue to highlight change orders to the drainage portion of the City's "H" Avenue project that will address Mr. Barnes's concerns. A site visit will be scheduled prior to the December 20tt' resumption of this matter. Approval to Add Automatic Door Openers to Library Lobbv Restrooms Mr. Doug Everhart, Library Director, presented a request to Council to review quotes for the automatic door project at the Anacortes Public Library. Two quotes were solicited and the low bid was received from Automatic Entries in the amount of $4,601.94. As both contractors excluded any electrical work from their bids staff solicited and received a quote from Dahl Electric in the amount of $863.20 bringing the total project cost to $5,465.14. Mr. Everhart reported that there are adequate funds remaining in the Library Construction Fund for this project. Mr. Russ Pittis, Facilities Manager, researched the appropriate hardware and solicited bids for the project. The improvements would further assist in making the Library more accessible for the handicapped. With that, Mr. Sizemore moved, seconded by Mr. Adams, to award the Automatic Door Opener project to Automatic Entries of Lynnwood in the amount of $4,601.94 and to Dahl's Electric in the amount of $863.20 for a total project cost of $5,465.14. Vote: Ayes — Christiansen, Richardson, Rock, Hoboy, Petrish, Sizemore, and Adams. Motion carried. Surplus of Vehicles and Equipment Mr. Bob Hyde, Director of Public Works, presented a list of items to be surplussed for the calendar year 2004. The report matrix is included in a November 24, 2004 memorandum from Mr. Hyde to the City Council. Mr. Hyde pointed out that the Taurus GL Ford # 017 should be removed from the list and will be added to next year's surplus inventory; he then reviewed the vehicles that have been replaced, transferred or eliminated from the fleet. Staff recommends that the Council declare these vehicles and equipment surplus and authorize their sale by James G. Murphy auction warehouse to sell the items on consignment. Mrs. Richardson so moved, seconded by Mr. Rock. Vote: Ayes — Richardson, Rock, Hoboy, Petrish, Sizemore, Adams, and Christiansen. Motion carried. The Mayor recommended modifying the process to review items to be surplussed during the annual budget review. Moen Citv Improvement Board Appeal Mayor Maxwell announced that this matter has been continued and all affected parties will be notified of the new appeal hearing date. There being no further business at approximately 9:30 p.m. the Mayor adjourned the regularly scheduled meeting of December 6, 2004. 41A `l t. Wanda P. Johnson, City lerk-Treasurer H.'Dean Maxwell, Mayd'r c� Councilmember 1895 December 20, 2004 At 7:30 p.m. Mayor Maxwell called the regularly scheduled evening meeting of December 20, 2004 to order. Roll call found present: Councilmembers Loren Hoboy, Cynthia Richardson, Nick Petrish, Ray Sizemore, Bud Rock, and Brad Adams. Absent: Terry Christiansen. Minutes of Previous Meetinq The Minutes of December 6, 2004 were approved on a motion by Mr. Sizemore, seconded by Mr. Rock, and passed unanimously. The acreage figure in line 2 of paragraph 2 for the Orchards planned unit development was corrected to read "29.66" acres and not "20.66" acres. Citizens Hearinqs There were no citizen comments. Mavor/Council Communication The Mayor and the City Council agreed to cancel the December 27, 2004 Study Session due to lack of pressing business. Mayor Maxwell informed those present that the City of Anacortes' Sister Cities Association had held a dedication ceremony for the flag poles at the entrance to the city. Each flag pole will carry a flag from the countries in which the City of Anacortes has a sister city. The Mayor added that he felt that this was a particularly appropriate welcome to our visitors. The Mayor then asked the City Council to appoint Nancy Farnsworth to the Anacortes Historic Preservation Board. Mr. Sizemore moved, seconded by Mr. Adams, to make this appointment. The motion passed unanimously. The Orchards Planned Unit Development Individual councilmembers discussed their concerns relative to this planned unit development. The Mayor noted that the Council had held a site visit for this project earlier in the day. Mr. Sizemore stated that he felt it was important that Mr. Christiansen be able to vote on this matter. Accordingly, he moved that the item be tabled until the January 3, 2005 City Council meeting. The motion was seconded by Mr. Hoboy. Vote: Ayes — Sizemore, Hoboy, Richardson, Rock, Adams. No — Petrish. The motion carried. Approval of Vouchers/Cancellation of Warrants Council voted unanimously that the following vouchers/warrants audited and certified by the City's Auditing Officer (Finance Director) and subsequently reviewed and approved by the Council Finance Committee on December 9, 2004 and December 16, 2004 for payment as of this date December 20, 2004. This action was taken on a motion by Mr. Rock, seconded by Ms. Richardson, and passed unanimously. Claims Warrants for the Month of December Warrants #29542 through #29739 in the total amount of $898,668.33. Prewritten Warrants for the Month of December Warrant #29541 in the total amount of $11,979.64. December 15, 2004 Payroll in the Total Amount of S404,991.54. Warrants #26587 through #26657 in the total amount $64,603.73. Direct Deposit #13120 through #13272 in the total amount of $221,700.49 EFT #369 through #373 in the total amount of $118,687.32. Personnel Policies Update Ms. Emily Schuh, Human Resources Director, presented a resolution making particular corrections and updates to the City's existing Personnel Policy Manual. Ms. Schuh explained that the proposals had been reviewed by the City Council's Personnel Committee and these changes had been recommended for approval. After discussion, Ms. Richardson moved that Resolution #1689, entitled "A Resolution Regarding Personnel Policies and Benefits for City of Anacortes Employees and Superseding Resolution #1659 in its Entirely, Passed and Approved on the 201h Day of January 2004" be adopted. The motion was seconded by Mr. Sizemore and passed unanimously. Accounts Receivable Write -Off Ms. Wanda Johnson, City Finance Director, recommended that certain specified accounts be written off as uncollectible. Mayor Maxwell added that even though he was seeking authorization to write-off these accounts, he did want to follow up further on the Alliance Living Center to see if there were some recent amounts that should be collectible despite the bankruptcy proceedings. Mr. Sizemore then moved that Resolution #1690, entitled "A Resolution Authorizing the Write -Off of Utility Billing Balances Deemed Uncollectible", be adopted. The motion was seconded by Mr. Rock and passed unanimously. 20044 1h Quarter Budaet Amendment Ms. Wanda Johnson, Finance Director, presented a series of budget amendments for Council consideration and action. Individual department heads reviewed items that related to their particular departments. After discussion, Ms. Richardson moved that Ordinance #2682, entitled "An Ordinance Amending Ordinance #2633 Approved and Adopted on November 3, 2003 and Entitled 'An Ordinance Adopting the Budget and Salary Schedule for All Municipal Purposes and Uses for the Year 2004', be adopted. The motion was seconded by Mr. Hoboy and passed unanimously. 0 0 December 20, 2004 -- continued Bondinq Requirements for Citv Officials The City Attorney, Ian Munce, presented an ordinance that would update the bonding requirements for certain specified city officials. Mr. Munce added that this ordinance needed to be updated to address current best business practices. Mr. Adams commented that this was a routine housekeeping and, accordingly, moved that Ordinance #2683, entitled "An Ordinance Repealing Ordinance #855 Fixing the Bonds of Various City Officers, and Providing for Payment of Surety Bonds for Certain City Officers by the City and Amending Chapter 2.08 of the Anacortes Municipal Code", be adopted. The motion was seconded by Mr. Rock and passed unanimously. Lot Coveraqe in the Pleasant View Final Plat The Planning Director, Ian Munce, summarized a request made by the developers to approve a lot coverage of 38% rather than the 35% mandated in the City Zoning Code. Mr. Munce added that this would give the developer a little more flexibility to build decks on this hillside without having the challenge of meeting the lot coverage request. Ms. Richardson spoke against this request as an inappropriate precedent. Ms. Richardson added that there were no detailed site-specific justifications provided and that, even if they had been, they should have most appropriately been provided with the plat application. Ms Richardson then moved that this request be denied. The motion was seconded by Mr. Hoboy. Vote: Ayes — Richardson, Hoboy, Rock, and Adams. No — Sizemore. Abstain — Petrish. The motion carried. Frazier Riqht-of-Way Vacation Mr. Munce, City Planning Director, explained that the 1104 square feet of right-of-way involved had previously been approved for vacation as being basically unusable for its original purpose. Mr. Munce added that the Fraziers were proposing to pay $2.00 a square foot for this property. He pointed out that the City Council has been taking these small transactions on a case by case basis. After discussion, Mr. Adams moved that the right-of-way in question be sold for $2,208.00. The motion was seconded by Mr. Sizemore. Vote: Ayes — Adams, Rock, Sizemore, Petrish, and Hoboy. Abstain — Richardson. The motion carried. HVAC Preventative Maintenance Contract for City Facilities Mr. Russ Pittis, City Facilities Manager, recommended awarding the three-year HVAC preventative maintenance contract to Blythe Plumbing and Heating in the amount of $27,100.16. Mr. Pittis added that he sought quotes from three contractors and indicated that Blythe Plumbing and Heating submitted the lowest cost proposal. He also noted that they were the mechanical contractor on the Public Safety Building and that the quality of their work on that project was good. After discussion, Mr. Sizemore moved that the contract be awarded to Blythe Plumbing and Heating in the amount of $27,100.16. The motion was seconded by Mr. Rock and passed unanimously. 2005 Contracts for Prosecutinq Attorney and Public Defender The City Attorney, Ian Munce, recommended that Mr. Gerry Osborne, Public Defender, and Mr. Steve Mansfield, City Prosecutor, be retained for the calendar year 2005. Mr. Munce asked that they receive 3% additional base compensation. Some additional language changes were made in the Public Defender's contract to make it more closely mirror that of the City Prosecutor. Mr. Munce added that the Court Administrator, Police Chief, and he would review the Court statistics with the City's Public Safety Committee early next year. Ms. Richardson moved, seconded by Mr. Sizemore, to approve these contracts as recommended by Mr. Munce. The motion passed unanimously. Ordinance Naminq Wanda Johnson, City Finance Director, as the Designated Citv Official to Receive Claims Ian Munce, City Attorney, pointed out that state law requires that the City establish by ordinance one particular person designated to receive damage claims. This person had been Mr. George Khtaian, but with his retirement it was appropriate to designate the current Finance Director, Ms. Wanda Johnson, as the person to which claims should be submitted. Mr. Rock moved that Ordinance #2684, entitled "An Ordinance Repealing Ordinance #2571 Identifying an Agent to Receive Damage Claims and Identifying City Clerk Wanda Johnson as Agent to Receive Damage Claims", be adopted. The motion was seconded by Mr. Sizemore and passed unanimously. There being no further business before the Council, the meeting adjourned at approximately 9:30 p.m. 4 _Q� CV ld� A� Wanda Pson, City Cler -Treasurer H. Dean Maxwell, Mayor `� City Counci member /